December 11, 2024 Planning Board Special Meeting Transcript - WEHI

25 of 38 sheets Page 97 to 100 of 100 01/08/2025 12:06:06 PM 97 to know. And I'm not trying to run up the cost for1 anyone, I would just like to know how applicable that2 2010 study is to this particular project now. The3 numbers to me are concerning. They're different than4 what we have been presented and if they are applicable,5 I would like to know. If they are not applicable then6 it has a lot less weight.7 MR. AFRAN: Well, you know, we offer a8 simple proposition that we have two sets of numbers, Mr.9 DeFeo's study and this earlier study. Regardless what10 they're developing, the forest is the forest, so if one11 study says you got 212 and the other says almost three12 times as much, we say you have two different forests and13 it's a question to resolve. I don't think the14 development itself matters, but what we're saying is15 that this, from the developer, this is an admission by16 the developer, the developers own tree study submitted17 here in the earlier plan. It's the same forest. So18 we're saying it doesn't matter what the development is19 now versus then. The trees are the same.20 COUNCIL PRESIDENT RUTHERFORD: I understood21 that argument and accept that argument, right. Because22 we actually had a sidebar. I understand that argument23 and accept that argument. In addition to that I would24 still like to see how much of that study area was in the25 98 area of disturbance, if possible. If it's not a easy1 thing to do then --2 MR. AFRAN: We will ask our engineer to do3 it. The trouble is, I mean no disrespect to any4 engineers in the room, sometimes we ask that and there's5 a $7,000 bill that comes with that.6 COUNCIL PRESIDENT RUTHERFORD: Okay. I get7 it. So --8 MR. AFRAN: We'll try. As tough a thing it9 is to do, we will try to look into it.10 COUNCIL PRESIDENT RUTHERFORD: Thank you11 very much.12 MR. AFRAN: Can I ask one last question of13 Mr. DeFeo, referencing something Mr. Rutherfod asked.14 Just to clarify.15 You referred to the rolling mean concept, right?16 Q. Yes.17 A. That simply means that you've looked at enough of18 Q. the spot checks to satisfy yourself that nothing's19 really changing, you stopped and you used the data that20 you collected up to that point?21 Correct.22 A. MR. AFRAN: That's all I wanted to ask.23 THE WITNESS: Yes.24 MR. AFRAN: Thank you very much.25 99 CHAIRMAN BAGOFF: Thank you. Thank you.1 (Hearing concludes at

lected up to that point?21 Correct.22 A. MR. AFRAN: That's all I wanted to ask.23 THE WITNESS: Yes.24 MR. AFRAN: Thank you very much.25 99 CHAIRMAN BAGOFF: Thank you. Thank you.1 (Hearing concludes at 8:42 PM.)2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 100 C E R T I F I C A T E1 I, ERIC S. FISHMAN, a Shorthand Reporter and2 Notary Public of the State of New Jersey do3 hereby certify that the foregoing is a true and accurate4 transcript of the testimony as taken stenographically by5 and before me at the time, place and on the date6 hereinbefore set forth, to the best of my ability.7 I DO FURTHER CERTIFY that I am neither a8 relative nor employee nor attorney nor counsel of any of9 the parties to the action; and that I am neither a10 relative nor employee of such attorney or counsel; and11 that I am not financially interested in the action.12 13 14 ---------------------15 ERIC S. FISHMAN, S.R.16 17 18 19 20 Dated:__________________21 22 23 24 25