December 11, 2024 Planning Board Special Meeting Transcript - WEHI

23 of 38 sheets Page 89 to 92 of 100 01/08/2025 12:06:06 PM 89 impacts. Not just trees, we keep focusing on trees, but1 what happens in a forest like that you're small game2 species decrease. Your bird species decrease, because3 not all birds live in the top of trees. A lot of birds4 live in the lower ends of the shrubs. There are no5 shrubs to speak of that birds like. There are shrubs6 there but not healthy. So you start to destroy the7 ecological diversity of the entire forest over time,8 which is why I call it stagnant and unhealthy. Stable9 to me would mean I have a regeneration rate that's10 comparable to the death rate and therefore I have a11 forest that continues -- continuing to evolve and be12 healthy with young trees replacing old trees.13 COMMISSIONER RUTHERFORD: Now, going back to14 this rolling mean methodology that you spoke about15 earlier. Is there a certain minimum percentage of16 sample size that needs to be considered before you can17 make a conclusion?18 THE WITNESS: Generally it's what we use19 here two-and-a-half to three percent.20 COUNCIL PRESIDENT RUTHERFORD: Well, what I21 mean by that is, you have 55 or 50 plus sites.22 THE WITNESS: Oh, I follow what you're23 saying.24 COUNCIL PRESIDENT RUTHERFORD: So do you25 90 have to use half the sample size, do you use a quarter,1 a third?2 THE WITNESS: We generally go to about half.3 We went to 22 out of 55. At that point you run the4 rolling mean and then you say --5 COUNCIL PRESIDENT RUTHERFORD: So about 406 percent?7 THE WITNESS: About 40 to 50 percent yeah, in8 that range. You start running the numbers and as the9 numbers just continuously don't change you say, okay,10 what point does it become an exercise of let's just go11 out and spend more time in the forest, which as far as12 I'm concerned is a wonderful way to spend my time, but13 it's not necessarily the most efficient way to get good14 data.15 COUNCIL PRESIDENT RUTHERFORD: Understood.16 I just want to get what that number -- what that17 percentage of sample size is.18 THE WITNESS: And can I ask you to go back,19 because I don't want to forget what you want. You want20 me to compare the histograms, if you will, or the number21 of breakdown because there's not a histogram, I realize22 that, but compare our numbers against the older numbers23 and see what we come up against?24 COUNCIL PRESIDENT RUTHERFORD: Correct.25 91 What I

f breakdown because there's not a histogram, I realize22 that, but compare our numbers against the older numbers23 and see what we come up against?24 COUNCIL PRESIDENT RUTHERFORD: Correct.25 91 What I would like to know is, you know, they presented 61 inches in greater than 182 trees per acre. I would like2 to know a comparable number from your study.3 THE WITNESS: Okay. No problem. I'll do4 what I can for you.5 COUNCIL PRESIDENT RUTHERFORD: This is6 really, this question is really for the board attorney.7 Does the DEP statute supercede the settlement agreement8 or governing ordinance?9 CHAIRMAN BAGOFF: I'm going to stop you10 right there. The DEP has nothing do with us. The DEP11 will weigh in on this application when they apply to the12 DEP. We have nothing to do with that. Outside the13 purview of the board.14 COUNCIL PRESIDENT RUTHERFORD: So my -- as I15 listened to the testimony, Mr. Afran made an assertion,16 he made that assertion in response to what Mr. DeFeo was17 testifying. My understanding of that is as a board18 member, even though the governing ordinance for this19 particular project allows the applicant to ignore the20 tree ordinance --21 CHAIRMAN BAGOFF: Doesn't ignore the22 ordinance. There is a tree ordinance in place, so it's23 not ignoring.24 COUNCIL PRESIDENT RUTHERFORD: Ignoring the25 92 current tree ordinance.1 CHAIRMAN BAGOFF: There's another tree2 ordinance and the tree ordinance for the zone. Let's be3 clear, so the attorneys will argue this out in a4 different venue.5 COUNCIL PRESIDENT RUTHERFORD: All right.6 So --7 MR. AFRAN: We'll argue here too.8 COUNCIL PRESIDENT RUTHERFORD: What I'm9 saying is the ordinance that they have in this10 settlement agreement that we got some clarity on, we11 call it the settlement agreement or zoning ordinance,12 whatever it is, that may not actually govern if there's13 something at state level that supercedes? That's all14 I'm trying to understand.15 CHAIRMAN BAGOFF: That's correct.16 COUNCIL PRESIDENT RUTHERFORD: So the DEP17 would supercede whatever it is. We can't violate what18 they would want.19 CHAIRMAN BAGOFF: That's correct. They20 would have to weigh in on it after we have decided.21 COUNCIL PRESIDENT RUTHERFORD: And is that22 your position, board attorney?23 MS. McGOVERN: Yeah. The DEP, their rules24 supercede anything that we all want to do or might have25