April 30, 2025, Planning Board Special Meeting Transcript - WEHI

1 of 48 sheets Page 1 to 4 of 116 05/12/2025 02:23:28 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 TOWNSHIP OF WEST ORANGE DEPARTMENT OF PLANNING AND DEVELOPMENT WEDNESDAY, APRIL 30, 2025 6:30 P.M. RE; PB-24-01 WEST ESSEX HIGHLANDS, INC. BOARD MEMBERS: ROBERT BAGOFF, Chairman SUSAN McCARTNEY, Mayor WILLIAM WILKES II LEE D. KLEIN, PE PTOE LORI KAPFERER (Alternate 2) KEN ALPER RYAN MacNEILL, Engineer GERARD HAIZEL, Planner JAMILET BAQUERIZO VITE, Board Secretary GENIECE GARY-ADAMS, Zoning Official JOSEPH FAGAN, Zoom Moderator FISHMAN COURT REPORTING AGENCY 89 HEADQUARTERS PLAZA NORTH 4 SPEEDWELL AVENUE, SUITE 1440 MORRISTOWN, NEW JERSEY 07960 (973) 285-5331 - FAX - (732) 605-9391 2 A P P E A R A N C E S :1 2 3 H U T T , S H I M A N O W I T Z & P L O C K E R , E S Q S . B Y B R Y A N D . P L O C K E R , E S Q .4 B p l o c k e r @ h u t t s h i m . c o m 4 5 9 A M B O Y A V E N U E5 W O O D B R I D G E , N E W J E R S E Y 0 7 0 9 5 A p p e a r i n g o n b e h a l f o f t h e A p p l i c a n t6 7 G A C C I O N E & P O M A C O , E S Q S . B Y D I A N A P . M c G O V E R N , E S Q .8 O N E B O L A N D D R I V E , S U I T E 1 0 2 W E S T O R A N G E , N E W J E R S E Y 0 7 0 5 29 A p p e a r i n g o n b e h a l f o f t h e B o a r d 10 11 B R U C E I . A F R A N , E S Q . 1 0 B R A E B R U N D R I V E12 P R I N C E T O N , N E W J E R S E Y 0 8 5 4 0 A p p e a r i n g o n b e h a l f o f t h e O b j e c t o r , W e C a r e N J13 C o r p . 14 L A W O F F I C E S O F S T E V E N L . S A C K S - W I L N E R , E S Q S .15 B Y S T E V E N L . S A C K S - W I L N E R , E S Q . 2 0 E A S T R I D G E R O A D16 S K I L L M A N , N E W J E R S E Y 0 8 5 5 8 A p p e a r i n g o n b e h a l f o f t h e O b j e c t o r17 18 19 20 21 22 23 24 25 3 I N D E X1 W I T N E S S D I R E C T C R O S S R E D I R E C T R E C R O S S2 3 I N D E X O F E X H I B I T S4 E X H I B I T D E S C R I P T I O N5 O - 1 2 D R . B U T L E R S L I D E S H O W6 O - 1 3 D R . D e V I T O S L I D E S H O W7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 C H A I R M A N B A G O F F : P B - 2 4 - 0 1 W e s t E s s e x1 H ig h la n d s , I n c . B lo c k 1 7 9 L o t 3 2 , W a r n e r R o a d . T h e2 a p p li c a n t is p r o p o s in g t o d e v e lo p a 4 9 6 u n it3 in c lu s io n a r y m u lt if a m ily r e s id e n t ia l d e v e lo p m e n t o n a4 v a c a n t 1 2 0 a c

e r R o a d . T h e2 a p p li c a n t is p r o p o s in g t o d e v e lo p a 4 9 6 u n it3 in c lu s io n a r y m u lt if a m ily r e s id e n t ia l d e v e lo p m e n t o n a4 v a c a n t 1 2 0 a c r e p r o p e r t y in t h e n o r t h w e s t c o r n e r o f t h e5 T o w n s h ip o f W e s t O r a n g e .6 M S . M C G O V E R N : S o M r . A f r a n w a s c o n t in u in g7 w it h h is o b j e c t o r s c a s e .8 C H A I R M A N B A G O F F : M r . A f r a n .9 M R . A F R A N : Y e s , g o o d e v e n in g . I t h in k i t 's10 o n .11 G o o d e v e n in g , M r . C h a ir m a n . W e h a v e t w o12 w it n e s s e s f o r t o n ig h t . I f y o u r e c a l l a t t h e la s t13 m e e t in g w h e n t h e r e w a s a t e c h n ic a l p r o b le m w e c o u ld n 't14 g o f o r w a r d . O n e o f t h o s e w it n e s s e s h a d a v a c a t io n15 s c h e d u le d f o r t o d a y , h e ' s o u t o f t h e c o u n t y b u t h e ' s16 a v a il a b l e , t h a t 's M a r k G a l la g h e r , f o r J u n e 4 , a s s u m in g17 t h e r o o m s a v a ila b le a t t h a t t im e . B u t w e d o h a v e t w o18 w it n e s s e s t o n ig h t . T h e f ir s t is E m il D e V i t o , w h o w a s19 s c h e d u le d t h e l a s t m e e t in g t h a t w e h a d t h a t w a s20 p o s t p o n e d b e c a u s e o f t e c h n ic a l p r o b le m s a n d t h e n w e h a v e21 L u k e B u t le r , o u r s e c o n d w it n e s s t o n ig h t .22 M r . F a g a n is c h e c k in g t o s e e if w e h a v e D r .23 D e V it o ' s - -24 M R . F A G A N : I h a v e it . I t h in k I h a v e it .25

05/12/2025 02:23:28 PM Page 5 to 8 of 116 2 of 48 sheets 5 Yes.1 MR. AFRAN: Okay.2 MR. FAGAN: Would you like me to display it?3 MR. AFRAN: Yeah, let's just make sure we4 have Mr. DeVito's. It was sent last time. Mr. Fagan is5 checking to see if he still has it.6 MR. FAGAN: Is that it?7 MR. AFRAN: That appears to be -- how many8 slides are there?9 MR. FAGAN: I think just one.10 MR. AFRAN: No, there are ten slides. So11 there's a set of ten that you had last time. It should12 be in the system.13 MR. FAGAN: This is the download that he14 sent me. All I have is one slide. I will double check.15 MR. AFRAN: So we're trying to get the16 display sent back again. Without that his testimony17 would be problematic.18 (Whereupon, a short recess is taken.)19 MR. AFRAN: Okay. I think we're ready.20 Mr. Chairman, we're ready.21 CHAIRMAN BAGOFF: Go right ahead.22 MR. AFRAN: Thank you.23 If anyone can't hear me I'm sure you will24 let me know. I will try to keep my voice up.25 6 We're presenting Emile DeVito, Dr. Emile1 DeVito, who is a forester at the New Jersey Conservation2 Fund I believe is --3 MR. DeVITO: Foundation.4 MR. AFRAN: Foundation is the correct name.5 Let me just qualify Mr. DeVito quickly, if I can.6 MS. MCGOVERN: Do you swear or affirm to7 tell the truth the whole truth nothing but the truth.8 THE WITNESS: I do.9 MS. MCGOVERN: Your full name and spell it10 please for the record.11 THE WITNESS: First name is Emile,12 E-M-I-L-E. DeVito, D-E-V-I-T-O.13 E M I L E D E V I T O, having been duly14 sworn under oath testifies as follows:15 MR. AFRAN: Mr. DeVito is being offered as16 an expert in forestry and forest ecology.17 I understand you have a PhD, is that correct Mr.18 Q. DeVito?19 Yeah.20 A. What is your PhD in?21 Q. My PhD was obtained in 1988 from the University22 A. of Wisconsin studying New Jersey forests, bird23 communities and forest communities.24 And before that you have an undergraduate degree25 Q. 7 from where?1 Rutgers University.2 A. And what was your field, major study?3 Q. Zoology, ecology and ornithology.4 A. And did you get a master's as part of your PhD?5 Q. No, just a BA in Zoology from Rutgers and a PhD6 A. from Wisconsin.7 Thank you.8 Q. I understand you're presently employed by the New9 Jersey Conservation Foundation, is that correct?10 That's correct.11 A. And what is your position at the foundation?12 Q. I am the manager of science.13

nderstand you're presently employed by the New9 Jersey Conservation Foundation, is that correct?10 That's correct.11 A. And what is your position at the foundation?12 Q. I am the manager of science.13 A. And in that capacity do you work in the field of14 Q. forestry or forest ecology?15 I work all over New Jersey and sometimes in other16 A. parts of the northeast on ecological issues. Restoring17 rare plant and animal habitat, doing rare species18 conservation, doing scientific studies with colleagues19 from different universities educating the public on a20 variety of things.21 And how long have you worked with the New Jersey22 Q. Conservation Foundation?23 36 years.24 A. With the foundation?25 Q. 8 Yes.1 A. MR. AFRAN: Mr. Chairman, we proffer Mr.2 DeVito as an expert in forestry, forests, ecology and3 zoology.4 MR. PLOCKER: Mr. Chairman.5 CHAIRMAN BAGOFF: Members of the Board have6 any questions? Seeing none.7 Mr. Plocker, do you have any questions?8 MR. PLOCKER: I don't take any issue with9 Mr. DeVito's credentials.10 I would like to place a statement on the11 record, that it appears the testimony he's offering has12 zero impact on the applications compliance with the13 Township's ordinances or this Boards jurisdiction, but14 that being said, I believe I'll leave it up to the Board15 and the Chairman's discretion how they want to handle16 that testimony.17 MR. AFRAN: Well Mr. Chairman, I would just18 respond and note that an ecological study was required19 by the settlement agreement, particularly in the area of20 the forest and forest health and specifically that is21 one of the reasons Mr. DeVito was retained and it was22 required as a part of the settlement and incorporated23 into the ordinance and therefore it is directly24 responsive to, number one, Mr. Defeo's testimony and25

3 of 48 sheets Page 9 to 12 of 116 05/12/2025 02:23:28 PM 9 number two, it is within the jurisdiction because it's1 mandated as part of this very application.2 CHAIRMAN BAGOFF: Thank you.3 Mr. DeVito is accepted.4 MR. AFRAN: Thank you, Mr. Chairman. I will5 sit over here, if I interject I will bring the mic over6 here.7 CHAIRMAN BAGOFF: I'm sorry Dr. DeVito.8 THE WITNESS: Thank you.9 So I just want to talk a little bit about10 what happens to a forest when it gets developed,11 depending on what kind of development occurs and the12 geography of the development.13 So the forest here in West Orange up on the14 ridge is large enough to contain what we call interior15 forest habitat. In other words, the edges of the forest16 suffer from all sorts of degradation. Be it excessive17 wind, excessive heat, animals and plants that don't18 belong in the forest that are bleeding in from the19 backyards and streets and nearby areas, but the interior20 of the forest, if you get far enough from all of those21 disturbances, still acts as the forest ecosystem. And22 so when you look at a forest tract you have to think23 about what parts of the forest are acting as interior24 core forest habitat that contain all the typical25 10 ecological processes that go on in a forest and all the1 species that are to be in a forest.2 First is, what's edge where the forest is3 being diminished, degraded by the surrounding urban4 landscape.5 MR. AFRAN: Let me note for the record,6 since there are no page numbers, that was the first page7 of the slide which was an aerial photograph of this8 forest tract. We are now on the second page which has a9 heading in the right corner, 300-Foot Edge Affects.10 So typically for an eastern deciduous upland11 A. forest of this type, most of the uplands as this forest,12 but it's, you know, on a ridge. It's basically a dry13 oak/hickory type forest. This is a quite mature forest,14 it's never had agriculture. The soils have never been15 plowed, so it has an impact soil layer and it has an16 impact layer, ground layer of vivacious plants, shrubs17 and of course the tree canopy which is well over 10018 years old.19 And the interior of the forest, generally for20 this type of forest, you would use a thumbnail of 30021 feet as, as where the edge effects degrade the forest.22 So by, so you see the red line at the top of the23 photo, that's the 300-foot line that

this type of forest, you would use a thumbnail of 30021 feet as, as where the edge effects degrade the forest.22 So by, so you see the red line at the top of the23 photo, that's the 300-foot line that goes around the24 perimeter of the entire forest patch. Now, in this25 11 photo I'm not looking at the property lines, I'm just1 looking a the entire forest patch, so some of it bleeds2 onto other parcels. So when you take a 300-foot edge of3 that you're left with this hatched green, which is the4 interior of the forest where you would expect interior5 forest species. It's cooler, it's more moist, it6 doesn't suffer from excessive sunlight or wind or wind7 throws because of storms nearly as much as the edge. It8 doesn't suffer from a whole host of species that inhabit9 the suburban landscape and do better around people. And10 so it has a very different biology than what's going on,11 on the edges.12 The word interior, is that equal to the core in13 Q. this context?14 The interior and core are interchangeable.15 A. The core is the same as interior on the screen?16 Q. That's right.17 A. Okay. Thank you.18 Q. And the graphic down below we note that there19 A. are, the patch, the whole entire patch is 143 acres of20 forest. It has 58 acres of core or interior core21 forest, and we'll talk about the numbers later in a22 better visual, but when you look at what's proposed to23 be developed, the number of core -- the acres of core or24 interior forest go from 58 down to 9, and we'll show you25 12 that better in a future graphic.1 Let me just clarify then. The green crosshatched2 Q. section which occupies the majority of the forested area3 in this slide, that's the interior or core forest, is4 that correct?5 That's correct.6 A. And the lighter -- the darker green around it7 Q. that is what you're describing as the edge, is that8 correct?9 The dark green line that goes around is just the10 A. edge of the forest patch. And the edge of the forest11 that functions as an edge which is to some extent12 degraded is the forest that's not colored in.13 Thank you.14 Q. So the perimeter around the green crosshatch is,15 is the edge, is that correct?16 That's correct.17 A. Okay.18 So one of the things that happens when you have19 forest edge is that you get all of these creatures that20 are the predators on the interior forest species. Blue21 Jays, they do incredibly well by

18 So one of the things that happens when you have19 forest edge is that you get all of these creatures that20 are the predators on the interior forest species. Blue21 Jays, they do incredibly well by people. Gray22 squirrels, skunks, raccoons, they don't like to go into23 a core forest because the core forest is not safe for24 them. The core forest has predatory birds like Great25

05/12/2025 02:23:28 PM Page 13 to 16 of 116 4 of 48 sheets 13 Horned Owls and Hawks, that do really well in the core1 forest where it's more shaded and, and not as much2 sunlight and the animals aren't used to being in there3 so they don't know the terrain as well so it's unsafe4 for them. Whereas they do great around the edges. And5 so once you start to cut up a forest and create an6 additional edge these creatures get access to the middle7 of the forest and they do a great deal of damage to the8 processes that goes on the inside of the forest.9 So now the yellow line here is the parcel that's10 in question, and this picture shows the current forest11 interior that's on that parcel where the forest process12 is still much as they were 300 or 400 years ago when the13 whole place was forest, right. And as development has14 encroached, this forest patch has become isolated and15 then the edge habitat is diminished and the core forest16 species where you have this area, core interior area no17 longer utilizes where their population can be sustained.18 The green area is a population surplus area where19 critters are successful, they produce young, they have20 an abundance of offspring and the gray area that's not21 colored in green is a population sink, where critters22 who -- it looks like forest, they settle there, they try23 to go through their life history but they don't24 generally do very well, so it's called population sink25 14 where, that's where the core forest creatures go to die.1 They're not successful.2 Where on here do you see, please clarify where is3 Q. the population sink depicted here or where do you4 identify it on this slide?5 So the population sink is everything that's not6 A. colored in, right. It's the area that's not green7 crosshatched, that's where core forest species fail in8 having successful reproduction and maintaining their9 population.10 Is the population sink analogues to the word edge11 Q. in your usage?12 Well, the edge is the place and the population13 A. sink is what happens. That's why we use the word sink,14 it's like going down the drain.15 Thank you.16 Q. For the record, this is the slide, we all see it17 but just for the record, this is slide with the solid18 yellow outlined rectangular forest.19 So these are some of the species you would expect20 A. in the core forest. Of course I haven't surveyed this21 forest, you

record, this is slide with the solid18 yellow outlined rectangular forest.19 So these are some of the species you would expect20 A. in the core forest. Of course I haven't surveyed this21 forest, you know, I've been brought in on this, I didn't22 have permission to go into that forest, not only that it23 was the wrong time of the year but these are the species24 that you would expect in the forest and they are species25 15 of special concern in New Jersey. Now, they have no1 regulatory protection, but I'm just pointing it out2 that, you know, if you're interested in protecting3 forest processes, if you're interested in protecting the4 integrity, the biodiversity in your community, these are5 the kinds of species that you can be concerned about.6 Box turtles and Wood Thrush are on the top. Box --7 obviously the Box turtle on the left, Wood Thrush on the8 right and the smooth green snake is a species that you9 would expect in the core forest. And probably, you10 know, after another few weeks go by you'd be able to go11 there, these animals would be out of hibernation or back12 from the tropics where they migrate and you would find13 these species in the core forest.14 For the record, this is a slide headed, New15 Q. Jersey Species of Special Concern with three animals16 depicted.17 So this slide shows the proposed development18 A. superimposed on to the aerial photograph in red. You19 can see that much of that development envelope is within20 the existing, what's now existing and functioning as21 core forest and if you were to put a 300 -- so now once22 we see where the development will occur and forest would23 be cleared and turned into an urban landscape or24 suburban landscape, then we have to go ahead and put a25 16 300-foot line around that red patch because then over1 time everything within 300 feet of that development will2 start to begin to act as an edge and after a few years3 all interior forest function will be lost. So we put4 that 300-foot line -- we put that 300-foot line, thank5 you for zooming in. Then you can see that in addition6 to the forest that's completely obliterated by the7 development there's also an impact to the rest of the8 green core forest everywhere within 300 feet of that9 development is no longer acting as core forest, it's10 acting as edge.11 And so if you then look at the next slide, now I12 have colored in the core, the

ore forest everywhere within 300 feet of that9 development is no longer acting as core forest, it's10 acting as edge.11 And so if you then look at the next slide, now I12 have colored in the core, the remaining core forest.13 This is the forest that remains that's more than 30014 feet from any development. Any urban or suburban15 development and it's the two areas that are outlined in16 that magenta color and that totals nine acres.17 Let me clarify, you have two areas that comprise18 Q. a total combined of nine acres?19 That's right.20 A. So now you're testifying that would be the21 Q. remaining core forest after the project is built?22 That's right.23 A. Now, can you go to --24 Q. Now, that doesn't happen immediately, that takes25 A.