December 11, 2024 Planning Board Special Meeting Transcript - WEHI

01/08/2025 12:06:06 PM Page 13 to 16 of 100 4 of 38 sheets 13 You would agree 4 and 6 inches are trees by every1 Q. definition?2 Absolutely, but I would also say I have no3 A. methodology. There's no methodology explaining what4 trees are what. Where do they draw the line between 25 and 4. As I said, this document is not, in my opinion,6 worth the, I hate to say paper because it's not printed7 on paper, but not worth the paper it's printed on.8 Now, you say it means trees are dying because9 Q. they have more trees than you found. Is that the basis10 of your reason?11 I didn't say that. I said if, if it was12 A. accurate. If the high number was accurate.13 Let me just say for sake of argument it's14 Q. accurate for my question, you said it would mean the15 trees were dying and confirms your view of a dying16 forest, isn't that what you said?17 No, not exactly what I said. You're taking it18 A. out of context.19 I'm using the very words you gave us. If there's20 Q. a different context that you intended, please give it to21 us?22 I'll try to explain it again.23 A. No, just answer my question.24 Q. I am.25 A. 14 Why do you say, if their studies accurate it1 Q. means the trees are dying. Why do you say that?2 Our study is statistically valid. Our study3 A. shows fewer trees per acre. Our study utilizes a4 highest number of trees per acre in order to make the5 greatest impact possible on the site and still came in6 at a lower concentration. Oddly enough, depending on7 where the 558 and 182 fall where we go from 4 inches or8 other, then the interesting element of it is the 2 to 69 you almost have to discount out of hand because there's10 no methodology saying where's the 4, 5 and 6. We don't11 know.12 Well, that doesn't matter --13 Q. There's no number.14 A. -- if you're counting 2 to 6 inches?15 Q. If you're counting 2 to 6 inches it's inaccurate.16 A. It doesn't comply with the West Orange Tree Ordinance.17 The tree is defined as 4 inches DBH or greater, anything18 less is not a tree, it's a sapling.19 That ordinance is -- what ordinance is that, do20 Q. you have the number in front of you?21 I don't have it. I don't know the West Orange22 A. Tree Ordinance number.23 Is that the ordinance number --24 Q. I don't know.25 A. 15 Is that the -- okay. The current ordinance in1 Q. force?2 Almost any tree ordinance in the State of New3 A. Jersey, anyone who does forestry

Is that the ordinance number --24 Q. I don't know.25 A. 15 Is that the -- okay. The current ordinance in1 Q. force?2 Almost any tree ordinance in the State of New3 A. Jersey, anyone who does forestry work defines a tree as4 4 inches DBH or greater. Anything less than that is a5 sapling.6 When you referred to the tree ordinance you mean7 Q. the one that's enforced currently now?8 To the best of my eye I would agree. Now, when9 A. this was done I can't tell you, but in relation to the10 work I was doing, the initial ordinance from that time11 of 2019, we wouldn't have focused on, to much other than12 that. So my point being, even if the thing was13 accurate, which it's not, it is statistically invalid14 and it is an invalid document. It has no meaning from15 the perspective of trees per acre in my professional16 opinion.17 I appreciate hearing that, you said it several18 Q. times. I asked a simple question. Why do you say this19 means the trees would be dying? It's a simple question.20 Because if you have a higher count from -- this21 A. actually was done in --22 2010 approximately.23 Q. The tree study was done in 2007, if I recall.24 A. Looking at this plan, I have to look at it again, but my25 16 recollection in reading this it was done in 2007.1 We'll settle that date --2 Q. Let me just say that, that makes it 12 years old3 A. from the time it was done to when we performed our4 study. We also did a quick update, as you know, and5 didn't find any significant visual difference in 2019 to6 2024, but if the tree count went down per acre that7 would indicate there are less trees.8 That would assume your count is accurate --9 Q. Correct.10 A. -- as well?11 Q. And our count is accurate.12 A. Now, if theirs is the accurate count that would13 Q. mean no evidence one way or another about trees dying?14 But there is no, if their count is accurate, this15 A. study did flawed. It would never stand up to any16 scrutiny by any professional forester, arborist,17 botanist or biologist.18 You had the study several weeks already, did you19 Q. trouble yourself to contract Mr. Anderson and get the20 information about how this survey was done?21 I have been away for a week. I did -- Mr.22 A. Anderson and I have played telephone tag, we did speak23 briefly but, and I said I've never seen this before,24 Paul. And he said, no, you haven't. And we went from25