June 4, 2025, Planning Board Regular Meeting Transcript - WEHI

5 of 41 sheets Page 17 to 20 of 101 06/20/2025 06:55:03 AM 17 CHAIRMAN BAGOFF: And for the record, the1 Planning Board was not a signatory or participant in any2 settlement agreement. So we are going to consider the3 IH-1 zone only. So let us not talk anymore about the4 settlement agreement.5 MR. AFRAN: Well, with respect I must6 respectfully disagree. Because the settlement agreement7 binds the applicant to submitting to a site plan8 application and binds the applicant to submitting to the9 environmental appraisal. And so whether the Planning10 Board's a party to it or not, the applicant assumed11 those duties.12 CHAIRMAN BAGOFF: Mr. Plocker.13 MR. PLOCKER: I want to clarify, Mr. Afran,14 when you said, we submitted to an environmental15 appraisal, are you referring to any provision in the16 settlement agreement other than the one I just read?17 MR. AFRAN: No, but I think that's good18 enough. "In addition, WEHI shall submit all plans to19 DeFeo and Associates, the Township's environmental20 consultant, for review and comment." And following21 that, th Planning Board hired Mr. DeFeo under a contract22 to provide an environmental report and therefore23 anything responsive to environmental issues in harm is24 relevant and admissible in this hearing.25 18 MR. PLOCKER: And the ordinance explicitly1 exempts an applicant from the items required by an EIS.2 So why in any instance would Mr. DeFeo consider a review3 of those items and -- let me finish. And I'm just going4 to leave that to the Board and if that is the objectors5 position on the issue, I am fine with the record on6 that.7 MR. AFRAN: And the documents, I'll just8 essentially repeat again, we the agreed to submit to the9 environmental appraisal.10 CHAIRMAN BAGOFF: Okay.11 MR. AFRAN: Thank you.12 As always, I think Mr. Plocker and I13 appreciate the Board's tolerance in listening to U.S. go14 back and forth.15 CHAIRMAN BAGOFF: Nice colloquy.16 Go ahead, sir.17 MR. AFRAN: Mr. Gallagher, your credentials,18 I believe, have been accepted, you are now testifying as19 an expert. Would you prefer to use this microphone so20 you could be louder and hold it right up. I am told by21 Mr. Fagan that if I speak, because of the audience22 online, I will have to walk over and share the mic, but23 I'd rather Mr. Gallagher be heard by everyone and I will24 go over and do that when I have to.25 19 THE WITNESS: No

because of the audience22 online, I will have to walk over and share the mic, but23 I'd rather Mr. Gallagher be heard by everyone and I will24 go over and do that when I have to.25 19 THE WITNESS: No problem.1 So what I want to discuss today is one,2 where the wetland is and in general how the wetlands3 function on the West Essex Highlands site. And that4 ends up being important because it's the basis for5 understanding what the impacts are.6 We mentioned New Jersey before and this is7 New Jersey's definition of a freshwater wetland. An8 area that is inundated or saturated by surface water or9 groundwater frequency enough to support, under normal10 circumstances, vegetation adapted to life in saturated11 soil conditions.12 MR. AFRAN: Could I just ask Mr. Gallagher13 to hold the microphone close to his mouth. I can't hear14 you very well.15 The vegetation that is growing in wetlands,16 A. typically called hydrophytic vegetation. And one of the17 key elements to this is hydrology and there's three18 parameters that are required to define vegetation.19 Hydrophytic vegetation, soil and hydro soils, soils that20 are saturated long enough that they change their21 characteristics. As I said, hydrology is the key point.22 And to be a wetland the New Jersey manual, 1989 manual23 describes that soils have to be saturated within24 one-foot of the soil surface for as little as one week25 20 during the growing season. So those areas that are1 saturated for only one week, really if you look at a2 gradient of how wet an area is and upland doesn't have3 any of the wetland hydrology characteristics and then4 there is a wetland boundary and right at that line is th5 driest part of the wetland and that's where the6 definition sits. That might only be saturated for one7 week at the beginning of a growing season. It is8 because of that, that impacts the forested grounds can9 be pretty easily done and anything that modifies10 hydrology, either surface flows or groundwater flows,11 could impact the composition of a wetland, how the12 ground functions and one of the key purposes is wetland13 nutrient transformation. So when the nutrients go14 through a wetland they're absorbed and they're15 transformed into a different form that's less16 problematic than surface water and which is one of the17 main reasons to protect it.18 This is just a depiction of what I've been19 describing.

hey're15 transformed into a different form that's less16 problematic than surface water and which is one of the17 main reasons to protect it.18 This is just a depiction of what I've been19 describing. So this is the groundwater, this dash line,20 and this is in the spring where it's higher. And then21 as the growing season progresses the water table drops.22 And typically that happens in spring when the leaves on23 the trees come out. These now are subject to24 transpiration. So the trees literally pull the water25