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

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