February 25, 2026 Planning Board Special Meeting - WEHI Transcript

29 of 68 sheets Page 113 to 116 of 154 03/20/2026 06:14:03 AM 113 Parking regulations is controlled by RSIS.1 RSIS requires 966 spaces, 1070 are proposed. Plus for2 the buildings, plus another 102 other spaces that we3 have on the site plan.4 Tree removal and replacement. Nobody is5 trying to hide the fact that trees need to be removed.6 We are disturbing 27.7 acres of a forest, which the7 ordinance permits. This was fully contemplated by the8 township. As I stated earlier, the township is more9 than familiar with the site and had a team of10 professionals advise it in connection with the11 settlement agreement and the ordinance. It's also no12 secret that my client agreed in the settlement13 agreement, and the ordinance requires, the applicant14 forever deed restrict the remaining 92 plus acres as15 open space.16 As part of the settlement, as seen in the17 ordinance, the township agreed to give us credit for18 each acre of trees removed in exchange for each acre of19 undisturbed property with fencing and deer fencing. The20 212 trees per acre was estimated by the town and the21 boards own expert, Mr. DeFeo, and the team of arborists22 and foresters. I believe he said they were Amy Greene23 and Davey Tree Service. He employed them. Mr. DeFeo24 was not our expert, the town asked him to independently25 114 assess the quality of the forest and get an estimated1 tree count and he did deem the quality of the forest2 poor because of excessive deer browse. The township3 understood that it had an obligation to act in good4 faith and eliminate cost generative items such as,5 excessive tree replacement and reforestation6 requirements. Mr. DeFeo and his team did the estimated7 count, not my client. Mr. Afran wants to rely on a more8 than 15 year old document which states a higher number9 of trees, but that document doesn't reveal the10 methodology behind that number or whether there was even11 a methodology. Whether it represented an estimate, a12 guess, an actual count. Mr. DeFeo in his testimony on13 December 11, 2024 called the 2010 tree plan,14 statistically invalid. Statistically flawed. And he15 discounted it completely. That is generally located on16 Page 8 to 11 of the transcript. He said, "I discount17 every bit of data in there." On Page 37, "The report is18 statistically invalid and therefore, are you familiar19 with GIGO, garbage in garbage out. There is

of the transcript. He said, "I discount17 every bit of data in there." On Page 37, "The report is18 statistically invalid and therefore, are you familiar19 with GIGO, garbage in garbage out. There is garbage20 data in and garbage data out. I do not give any21 credibility to this report, because the data is flawed.22 The methodology is flawed. The study area is flawed.23 Ergo, it is statistically invalid and the numbers are24 meaningless." That's on Page 38, Line 25 to Page 39,25 115 Line 6.1 A your counsel advised at the December 11,2 2024 meeting, "Case law says the Planning Board has no3 jurisdiction to override the ordinance." She also4 advised, "So they have to take the ordinance, enforce5 the ordinance, and see if the application that's6 submitted is in keeping and matches up to the7 ordinance." There's no DEP rule or regulation which8 renders the tree removal and replacement section in the9 ordinance invalid or which requires certain provisions10 in the tree ordinance.11 The current tree ordinance, which was12 adopted after the settlement and rezoning of this13 property is not applicable. The settlement advises that14 ordinance requirements for this property, this third15 round inclusionary housing site, may not be changed16 without the consent of Lehigh. The township intended17 the new tree ordinance to apply, it would have been a18 breach of the settlement agreement. The IH-1 zoning19 ordinance specifically addresses tree removal and20 replacement. It was not challenged, it wasn't21 subsequently modified, and it's the ordinance under22 which this board must evaluate the application.23 Mr. DeFeo also made clear that he and his24 professionals did their own study in 2019 at the25 116 townships direction. He and his team arrived at an1 estimate of 212 trees per acre. After being retained by2 the Planning Board in connection with this application,3 Mr. DeFeo advised -- revisited the site and observed no4 change in condition. The methodology and the ordinance5 that one acre of deer fencing satisfies the obligation6 to replace one acre of tree removal. Again, the public7 may not like that the township adopted the ordinance it8 did, but by adopting it the town determined that in this9 particular situation, application of the towns tree10 ordinance was not essential to protect the public11 welfare where the remaining 92 undisturbed acres would12 be forever

n determined that in this9 particular situation, application of the towns tree10 ordinance was not essential to protect the public11 welfare where the remaining 92 undisturbed acres would12 be forever preserved. The ordinance speaks for itself.13 We're disturbing between 27 and 28 acres and we're14 fencing in over 30 acres of undisturbed property with15 deer fencing. We comply with the ordinance and this16 board does not have the power or jurisdiction to17 disregard the ordinance which applies to this18 application.19 So that's pretty much the zoning ordinance20 and I am actually making some pretty good progress. I21 was slower when I was going through this earlier today,22 but I'm going to shift a little bit and I'm going to get23 to the site plan detail and the utilities, which you24 heard Mr. Afran speak about.25