February 25, 2026 Planning Board Special Meeting - WEHI Transcript

ulated and gradually soils change,16 because of the presents of the water, and we get hydric17 soils. Clay develops, we get other types of conditions18 that lead to the creation of wetlands. A wetland always19 appears, almost always, because gravity sends the water20 there naturally. That's the natural direction of the21 water on this site. That's what those blue lines do --22 the purple lines do. And you can see on the western23 side, the purple lines are going directly to these24 western wetlands. I'm using my pointer to show that.25 43 You can see in the center the contour lines lie down1 towards the center bottom of the site right into the2 wetlands, and you can see towards the right side or the3 eastern side, there are contour lines that direct water4 to the eastern side of the wetlands on the lower5 right-hand corner. The upper wetlands are not really6 implicated in this analysis, because their water is not7 coming from this side. So the purple lines in each case8 show the existing conditions now and the water movement9 that goes naturally to the wetlands.10 Now, what happens after the project is11 built. Well, that's what the red lines show. And so we12 can see the red lines are now taking a different course.13 They're naturally bringing the water to where the14 engineering will direct it. And you can see in the15 center there's a contour and the red lines in the16 central part are no longer going to the left, to the17 western wetlands. They're now being redirected down18 into a conduit that will lead to where my arrow is19 pointing -- my laser is pointing, right to the proposed20 detention basin. And over here as well. And so the21 wetlands that normally would go towards the western22 side, the water that would normally go to the western23 wetlands, is now going into a conduit bypassing entirely24 the wetland and going into a detention basin. All of25 44 that water that now goes to the western wetlands is1 going to be diverted into a detention basin and then out2 back into the Canoe Brook here in the bottom left hand3 corner. So -- and the same phenomenon is happening4 everywhere else. We have the water that would normally5 flow into the wetland in the center is also being6 diverted away, and you can see the arrow being pointed.7 And similarly on the eastern side, where it would8 normally have been diverted into these wetlands is going9 this way and

center is also being6 diverted away, and you can see the arrow being pointed.7 And similarly on the eastern side, where it would8 normally have been diverted into these wetlands is going9 this way and out.10 Now, what does this mean. It means that11 recharge is achieved. That's why DEP gives it a permit.12 Because recharge is achieved, the water will go back13 into the riverine system. It will go back into the14 Canoe Brook and we can drink it. But what is happening15 is something entirely different. The wetlands are being16 deprived of the natural water supply, and that's what a17 recharge permit does not analyze.18 Now, your duty is to understand the19 ecological implications of a proposed project. It's not20 enough to say, I don't have to worry about this because21 DEP gave a permit for recharge purposes. That's all22 that means. You have an independent jurisdiction to23 understand the environmental and ecological harm the24 project will cause. And all of that water will be25

03/20/2026 06:14:03 AM Page 45 to 48 of 154 12 of 68 sheets 45 diverted from those wetlands. Those wetlands will lose1 that natural water runoff.2 Now, Mark Gallagher -- now this diagram was3 created by Sean Walsh of Princeton Hydro. Mark4 Gallagher, who testified in detail as to the substance5 of at what this means, I don't have him on the slide,6 but you'll be able to check the testimony. On the7 western side he said there's two drainage areas here,8 and you'll see in one of the later pictures, I believe,9 a dark green. I'll just use a laser pointer again, on10 roughly this side is a drainage area going to the left.11 That'd be in dark green on one of the engineering12 drawings. On -- to the right has a drainage area this13 way. Now, Mr. Gallagher calculated that the western14 drainage area to the left will lose 32 acres, which is15 presently 32 acres will be reduced by 9 acres. Will be16 reduced, excuse me, by 9 acres. It will lose 28 percent17 of the existing drainage area, which means 28 percent of18 the water supply to the wetlands will be lost. It is19 not being returned to the wetlands. We see very clearly20 it's being diverted away from the wetlands into the21 detention basin and back to the Canoe Brook. So while22 it gets to the Canoe Brook it is being diverted from23 it's natural course into the wetlands. On the eastern24 side there are 48.4 acres in the eastern drainage area.25 46 Mr. Gallagher testified that it will be reduced by 161 acres or 33 percent. So on the western side we will2 lose 28 percent of the drainage to the wetlands, that's3 28 percent of that surface water. And on the eastern4 side we will lose 33 percent of the drainage to the5 eastern wetland, or wetlands on the eastern side and6 that's 33 percent of their surface water all gone.7 These wetlands are very fragile, as you all know, and8 we've, over the last 40 or 50 years, respect wetlands.9 Remember the Great Swamp, people wanted to put an10 airport there because it was a wetland. We don't do11 that anymore. We wouldn't build the Meadowlands Stadium12 any longer on a wetland as we did. We don't do this13 anymore. It's happening because a litigation gun was14 put to the councils head, that's why it's happening.15 This is a dinosaur. It is contrary to modern thinking.16 It is contrary to scientific thinking. No municipality17 would allow this to happen if it wasn't forced into

head, that's why it's happening.15 This is a dinosaur. It is contrary to modern thinking.16 It is contrary to scientific thinking. No municipality17 would allow this to happen if it wasn't forced into it.18 You are a brake on that problem. You are a check and --19 part of the check and balances. If this will destroy20 the ecology or severely damage it, you have the ability21 to say no. That is why we call it planning. You are a22 check on the political process. The political process23 that we don't want to be sued, we don't have the money24 to be sued, we're going to yield. But you are a check25 47 on that process. Our system is based on checks and1 balances. That's why, to the degree it creaks along, it2 works, because a system of checks and balances are here.3 That is what you are part of. This project will4 inevitably destroy or severely damage those wetlands.5 Did you hear anyone come back after Mr. Walsh and Mr.6 Gallagher testified and say, no, that it's not going to7 happen. Did you hear a single witness from the8 applicant come back and say, no, that won't happen. Did9 anyone refute this testimony. The answers, no. Not one10 witness came back to refute this testimony. No one.11 That's pretty telling. Hundreds of millions of dollars12 of profit will come from this project and yet the13 applicant did not find a witness to come back and14 dispute this irrefutable evidence. And I think our15 common sense tells us if they could have they would16 have, and they didn't. So we now know the wetlands will17 be severely damaged. And it's not just a matter of18 losing 30 percent of the water, it's a matter of all the19 ecological losses that come with that.20 We can move on. This is the remainder of --21 well, let me go back to one point.22 At Page 4 of his report where the chart is,23 I think it's Page 4. He has a paragraph that discusses24 this issue. All right. I don't want to trouble you to25 48 be reading now. It says approximately what I said. And1 so you can go back and you could see what he said in2 characterizing the problem and Mr. Gallagher testified3 in detail as to the actual losses that will be4 experienced.5 Now, this is part of a series of exhibits,6 you probably remember this. This is an engineering7 drawing created by Mr. DeVito. It's not an engineering8 drawing, it's a demonstrative exhibit measuring certain9 areas.10 Now, in the red you see

,6 you probably remember this. This is an engineering7 drawing created by Mr. DeVito. It's not an engineering8 drawing, it's a demonstrative exhibit measuring certain9 areas.10 Now, in the red you see the area of11 disturbance. That roughly matches what we saw in the12 earlier engineering drawing of the overall plan. And13 the red outlines the area of disturbance and the area of14 disturbance is not just the building. The area of15 disturbance is the parking areas. It's the roadways.16 It's the manicured lawns. It's the detention basins.17 You see them bulging on the bottom there. That's what18 those bulges sticking out at the very bottom of the19 drawing are in red. All of the area of construction,20 development of all kind, pipe, conduits, all of that is21 the area of disturbance and that's in red.22 Now, what you see on the outside in yellow23 is the outline of the project site itself. Now, I want24 to just direct your attention to the right-hand corner25

13 of 68 sheets Page 49 to 52 of 154 03/20/2026 06:14:03 AM 49 where there's a small square outlined in lighter green.1 Mr. Fagan has just brought that forward and if you can2 go back we can show the other one like that. That's3 part of a contiguous forest. And there's another small4 square like that on the lower right-hand corner. And5 then there are a couple smaller areas like that6 elsewhere. Right over here in the left hand corner and7 then a little bit over here in the upper left. Lower8 left and upper left. So when -- and there is a bit of9 that right here in the center on the top. So when we10 calculate the forest, what Dr. DeVito did was take a11 conservative approach. If he just took the 120 acres he12 would have had a much greater loss of core forest13 percentage-wise, but he chose not to do that because he14 didn't think it would be fair. It's fairer to the15 applicant to include the areas of contiguous forest that16 will remain. They're not part of project site, but17 they're part of the forest. So we'll go to that in a18 moment. So Dr. DeVito calculates 143 acres of forest,19 and that includes those additional areas that are off20 this lot outside the yellow line. And he calculates the21 existing core forest, or the interior forest, at 5822 acres.23 Now, this is not the best drawing for that,24 there will be better one to show. You can see here25 50 there's the green crosshatching across. There's little1 circular insets and then there's the crosshatching.2 That's matching what he has testified as the core or3 interior forest as it currently exists and there's a4 little bit down over here as well.5 Now, you may recall what he described core6 forest as. There's two kinds of forests. There's the7 edge and there's the core.8 Now, the edge of a forest protects the9 interior in exactly the same way as a barrier island10 protects the mainland. Anyone that's been to a barrier11 island, Long Beach Island, etc., understands this. You12 have the surf and the intertidal zone. The barrier13 island protects the bay on the other side and the14 mainland from the impacts of the surf, and as a result15 you get an estuary for marine life to thrive and grow16 and move out into the ocean, and you get wetlands that17 are not disturbed by rough surf. The edge of a forest18 does exactly same thing, but for a forest.19 So we'll see the next drawing, and just20 before we

out into the ocean, and you get wetlands that17 are not disturbed by rough surf. The edge of a forest18 does exactly same thing, but for a forest.19 So we'll see the next drawing, and just20 before we get there. The edge is this part here on the21 outside before the green hatching and he's measured the22 edge as 300 feet, you'll that see on another chart. And23 so what he's testified to is that the edge of a forest24 absorbs certain impacts, it absorbs excess light, rain,25 51 ice, snow, wind. The interior of the forest is1 protected from that. As a result we have a core forest2 of much denser trees that grow in a different way.3 Anyone who's ever hiked along the river knows this. You4 see trees that are gnarled and bent over and shorter,5 but the same trees 200 feet inland are different.6 Species respond to the conditions they live in. The edge7 of a forest is always different than the interior.8 That is the existing forest site from an9 aerial view. That is what is there right now. This is10 very important. It's not the brightest green, I think11 it was taken in the late fall probably and you can see12 the evergreen areas, but the forest is more of a muted13 gray. That is the existing forest. It's a contiguous14 vast forest for our area, 143 acres. And please15 remember that image, because this is a very rare thing.16 Look what's around it. Thousands, literally, of houses.17 And this pictures only a part of the image. And when18 you expand the view -- we don't have a larger aerial --19 we all know what's around the town. Other towns, other20 subdivisions.21 This is a better image of the interior22 versus the edge forest. Now, the bright green23 crosshatching is the existing interior forest, as Dr.24 DeVito calculated. You see the word 300 in that small25 52 orange line. That's measuring the perimeter which is1 the edge forest. And wherever you have a cutout, you2 have more edge. So you don't have edge only in the3 exterior -- I'm sorry. We have edge here because4 there's already some existing disturbance. If you5 recall the area maps, that's a cleared area right there.6 Long ago they did some houses there, a mansion or7 something there. That area is not treed and therefore8 it creates an edge here, and so this becomes the9 interior core right there. But basically we have 5810 acres of core forest out of that square 120, and out of11 the total 144. There's

and therefore8 it creates an edge here, and so this becomes the9 interior core right there. But basically we have 5810 acres of core forest out of that square 120, and out of11 the total 144. There's a little core there because this12 edge ends and you get a core there. So he's calculated13 the core at -- sorry. There. The core at 58 acres.14 Now, superimposed on top of the area of15 development you can see what's going to happen. The16 area of development looks a bit like a congressional17 district and it occupies an enormous amount of area.18 This is not a small project, and no project is just its19 buildings. It has all of the additional things you all20 know about. And so, and the area of disturbance also21 includes those detention basins, because they're going22 to -- because forest will be ripped out to make them.23 Now, what we have here -- thank you, Mr.24 Fagan, is the actual calculations. Existing forest25

03/20/2026 06:14:03 AM Page 53 to 56 of 154 14 of 68 sheets 53 area, 143 areas. Percent reduction right now, none.1 Because it's not touched. It's completely -- it's2 untouched. Existing forest core, 58 acres. Post3 development forest core, 114. Acres lost in the core --4 I'm sorry. Post development of forest area, 114. Acres5 lost in the forest, 28. That's the area of disturbance,6 28 acres. Post development forest core is now down to7 9. What is lost, 48. And we'll see in the next image8 as we go through what happens.9 Could you pull back. I'm sorry for those10 watching, I do tend to move around. I'm making everyone11 dizzy online. I'm sorry about that. Oh, good. Okay.12 Now, we'll move to the next chart. There we13 see the 300 feet of edge referenced. Now, when you look14 at the core forest in the green crosshatching, and you15 look at the area of disturbance, what's left are two16 corridors on either side, I'll point them out. Here is17 the first new edge area. When you cut into the forest18 with the area of disturbance, what you're doing is19 you're creating new edge. The existing edge is the20 yellow line, that's the edge of the forest. And so 30021 feet in gives us our core. This is more degraded on the22 exterior. It's still got ecological functions, but not23 as many as a core forest.24 Now, when we put the area of disturbance in,25 54 we have to measure a new edge. That's what Dr. DeVito1 testified to. That new edge will come from the edge of2 the area of disturbance out 300 feet. That means the3 core forest all through here's lost. The red as well as4 the green crosshatched that's now the new edge. And5 what we get is that. The new core forest, after6 development, will be those magenta areas. The total of7 9 acres. That is the new core forest from that. That's8 our existing core. A rare jewel in this part of the9 world, and that's what will be left, what's in purple.10 Magenta. The rest will be developed.11 Now, after the project is built the edge12 won't disappear instantly obviously. It will degrade13 over time. The core forest remains intact, as long as14 we don't build new edge. Once we build new edge, the15 edge grows, it intrudes into the center of the forest16 and the edge will degrade. The edge is not interior17 forest, it is not core forest. And we heard from Dr.18 Luke Butler, that for example just with bird species19 alone you get a

nter of the forest16 and the edge will degrade. The edge is not interior17 forest, it is not core forest. And we heard from Dr.18 Luke Butler, that for example just with bird species19 alone you get a totally different type of species20 present. You get invasives entering the edge pushing21 out the normal inhabitants of the interior. So we'll go22 further.23 So bear that image in mind. After this is24 built the only interior core forest left is within those25 55 magenta small structures of about 9 acres.1 That's the drainage areas that exist, I2 referred to them earlier. There's the western and the3 eastern drainage area. And the western was in dark4 green and the eastern was in light green.5 And there you see superimposed the area of6 disturbance on top of the two drainage sectors, and7 drainage sectors are very simple concept. You're8 familiar with the term Continental Divide. Well, the9 Continental Divide is the place where drainage changes,10 right. Some rivers go to the Pacific and some go to the11 Mississippi. You have a peak on a continent or on the12 part of the land that forms our drainage area. It's13 exactly the same concept as the Rocky Mountains, and so14 drainage will go in one direction to the west, one15 direction to the east or southeast, depending on the16 contour.17 Now, this is Dr. Butler's slideshow, I have18 most of his slideshow here, I think. And he's an19 ornithologist working at The College of, I believe, The20 College of New Jersey, and he testified as to the21 impacts of this project on local fauna, primary birds.22 And I don't need to go over everything he said, but this23 is where he did his observations, and you see a good24 summertime image of the forest, it's more dark green,25 56 because now our non -- our deciduous trees are now in1 full leaf. He had four observation points on several2 different days. In yellow, on the bottom, are the three3 squares we observed, and on the top, that long4 rectangle, is where he observed. And did so, from my5 reading about it, about 20 minutes at a time. And/or6 half hour at a time depending on the day. For example,7 on April 25 he went from 5:55 in the morning to 6:15.8 And April 29 from 12:30 in the afternoon to l:30. On --9 to 1306. So, yeah 1:30. On Kuzak Drive on the 29th he10 went from, I think I'm saying this correctly, 11:0011 o'clock to 11:45 in the morning. And on Warner he