PB-24-01 West Essex Highlands Inc; Block: 179 Lot: 32 Zone: IH-1

64. 65. 66. 67. Mr. Walsh also pointed out in his testimony on October 29, 2025, that CME agreed that the sanitary sewer line proposed by the Applicant on the original plans that runs through the stormwater basin should be moved out of the basin, yet, the DEP approved the stormwater plan with the sanitary sewer running through the stormwater basin, suggesting that the fact that the DEP approved the plan, should not also be the subject of the Board’s review because the issue was one of safety for the public. The Objectors also introduced testimony from Emile DeVito, an expert in forestry, forest ecology and zoology to respond to the testimony of the Board’s environmental expert (Wayne DeFeo). Mr. DeVito testified that the removal of the trees from the 143 acres present now will reduce the forest to 9 acres as “core” forest. The reduction of core forest will mean that certain animal species that require “core” forest animals (box turtle and wood thrush, for example) would disappear. DeVito admitted that there were no protected species in the forest as determined by the DEP. Professor Luke Butler, PhD testified on behalf of the objectors as an avian biologist expert. He observed the forest bird life and saw 20 different bird species that will likely be decreased due to less forest being left after development. None of the bird species are protected species. Objector, We Care Inc., introduced testimony from Mark Gallagher, Vice President of Princeton Hydro regarding wetland ecology and hydrology. Mr. Gallagher explained how the wetlands function at the site and that the development will modify the flow of storm water and change the environment of the wetlands. Mr. Gallagher opined that the DEP looks at compliance with the statute and water quality after construction from recharge, but the DEP does not review post construction changes to the environment.