November 10, 2025 Planning Board Special Meeting - WEHI Transcript

9 of 28 sheets Page 33 to 36 of 112 01/05/2026 03:19:18 PM 33 MR. ALPER: Okay. Good.1 My other question isn't necessarily for you,2 but I might as well raise it now, might be a bit of a3 can of worms. The recommendation of long term measures4 should be required to maintain health of the forestry on5 the slope, which I think is a good recommendation. But6 that slope is in the deer fence area that isn't to be7 disturbed, is that something we can require? Does that8 lead, does that lead to opening up something to get that9 done.10 CHAIRMAN BAGOFF: Make it a condition of11 approval, yeah.12 MS. McGOVERN: All 11 recommendations can be13 recommended.14 CHAIRMAN BAGOFF: Yes.15 MR. ALPER: My concern is if you're allowed16 to require maintenance of trees within that area?17 CHAIRMAN BAGOFF: Sure.18 MR. PLOCKER: Just for the record, the 1119 conditions at the end of Mr. Kleinberg's report would be20 acceptable conditions for the applicant in the field.21 Obviously a lot of them are construction related, we22 have many different sources that we're bound by to23 follow post approval activities and we definitely would24 agree to make those 11 conditions part of it.25 34 CHAIRMAN BAGOFF: Thank you, Mr. Plocker.1 Do you have anything else?2 MR. ALPER: Just I want to be careful3 because there's a suggestion maybe for Mr. Defeo, that4 that area is to never be touched at all. If one of the5 requirements is essentially listen, if trees start to6 die five years down the road, they've got to be replaced7 because the roots are so important to maintain the soil8 that that can be A, should be done and will be done and9 B, that it's permitted to do it.10 MAYOR McCARTNEY: Are you talking about11 disease also?12 CHAIRMAN BAGOFF: Mayor McCartney.13 MAYOR McCARTNEY: We talked about disease14 too.15 MR. ALPER: Sure.16 CHAIRMAN BAGOFF: Mr. Afran.17 MR. AFRAN: Yes. I just want you to know18 that I appreciate Mr. Plocker saying at this time we19 agree to those conditions of approval. We don't20 necessarily agree that they're only conditions of21 approval. We're going to study them, alert the board to22 any position we have that they must be part of23 affirmative proofs, but I just wanted to note we are24 reserving our position as to whether we agree they're25 35 conditions of approval rather than things to reflect1 evidence that must be presented. We're simply reserving2 our position at

note we are24 reserving our position as to whether we agree they're25 35 conditions of approval rather than things to reflect1 evidence that must be presented. We're simply reserving2 our position at this point.3 CHAIRMAN BAGOFF: So noted. Thank you.4 MR. ALPER: Thank you. That's all I have.5 CHAIRMAN BAGOFF: Mr. Cardoza, do you have6 any questions for Mr. Kleinberg on his testimony?7 MR. CARDOZA: My fellow board members asked8 all my questions.9 Thank you, Mr. Kleinberg.10 CHAIRMAN BAGOFF: Counsel Person Scarpa, do11 you have any questions for Mr. Kleinberg on his12 testimony?13 COUNCILWOMAN SCARPA: Yeah, I have one14 question. Seeing this is not an exact science and since15 we need to be really thorough in our assessment, you16 talked about during the excavation that it has to be17 dewatered all the time. And what if it isn't, and what18 happens to that slope if it becomes unstable, and who19 would be responsible for that should something happen?20 THE WITNESS: Well --21 COUNCILWOMAN SCARPA: And how do we make22 this dewatering happen as needed?23 THE WITNESS: Well, that would be, I know24 how it works on capital improvement projects. Let's say25 36 if you were doing a library or something like that and1 there were professionals involved, say CME, we would2 write a specification and enforce the specification to3 do that. I don't know how that works when there's an4 agreement between a developer and contractor, whether5 the developer is going to be as stringent as let's say6 the professional working on the capital --7 COUNCILWOMAN SCARPA: That's my concern8 obviously.9 THE WITNESS: Right. I'm not quite sure,10 unless the, I don't know whether the township engineer11 would be, I guess usually it's the building department12 that follows those things in our experience, but they13 don't necessarily get involved in that.14 COUNCILWOMAN SCARPA: So what mechanism15 could be used to ensure that dewatering happens?16 THE WITNESS: Well, I think we had17 recommended that they submit an excavation work plan18 that when we -- and an excavation and dewater work plan19 prepared by a registered professional engineer who would20 be responsible to, I can't use the word ensure, but21 responsible to check that the contractor is actually22 following the plan.23 COUNCILWOMAN SCARPA: Thank you.24 THE WITNESS: And report that to the25