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            "text": "applicant's site. Mr. Pfeffer presented Ian Borden, PP, president of Professional Design Services as the only witness, duly sworn in by Bd Attorney Ms. Cipriani, and credentials accepted by Ms. Bradley. Mr. Borden does not recall why, back in 2008, the trees were proposed to be placed on the Three Pence property, he went on to point out that placing the trees on their property would disrupt sprinkler system, loss of lawn area and they would have to trim back some of the trees on their wood line to create light and air for new trees to grow. Ms. Cipriani asked if Three Pence ever consented back then to the trees being planted. Mr. Borden acknowledged that he could not find any consent on the part of Three Pence. When his client approached him and inquired about how to go about completing this project and plant the trees, Mr. Borden sought advice from Township Officials, Mr. Purporo and Board Engineer Hill. Mr. Borden set up a meeting with the homeowners, with a member of association Management Company and spoke with them about how to go about planting the trees. Mr. Borden said they agreed verbally it would be a better idea for the trees to be planted on the applicant's property, which is when they started this application, filed November 2024. The client had already ordered trees and planted what he had ordered because they did not want to waste them. Mr. Borden said that what is planted is maybe only about 60% complete. The trees behind the building are widely scattered but they will be significantly filled in, when and if the board accepts the change. Dr. Hofstein asked if HOA approved the planting in 2008. Mr. Pfeffer said he cannot find anything that states they agreed. Also adding that this plan makes more sense, the trees will be on the applicant's property and the applicant will bear the responsibility to maintain them. Once it is all done the performance and a maintenance bond will be in place to cover this. The trees are a combination of Norway spruce and Cypress. Mr. Heiman - what density will they be planted? Mr. Borden states double staggered row with 8-10ft on spacing, so approximately 4ft apart, standard design in accordance with township ordinance. Mr. Borden acknowledged they will replace any trees that are dead that were planted prior to this board's approval. Mr. Pfeffer said if the board approves this, this is what the applicant will do, regardless of what is planted out there. Bd Engineer Mark Rohmeyer commented that board may grant administrative approval for changes to any previously approved site plan for changes that do not affect the purpose or intent of the original approval. In his opinion this is an acceptable request, they are shifting a row of trees onto their own property and where there was a single row they are proposing a double staggered row. There is an ordinance for the trees that states at the foundation diameter [p2.4.1]\" -3\" and 5-6ft in height. Mr. Pfeffer acknowledged his testimony is complete. Ms. Bradley opened to objector: Objector 1: Bonnie Wright Esq., speaking on behalf of the home owners Rodrigo and Megan Anderson. Clients live along the back portion of the building facing Three Pence. Ms. Wright said her client's position is that it is untenable for the trees to be planted on Three Pence property. Since the applicant is seeking to amend the original plan, Ms. Wright is asking that the board impose on the applicant to plant more trees than he is proposing. Ms. Wright has several photos she wants to present to the board. Home owner Rodrigo Anderson 9 Forge Ct was sworn in by Bd Attorney. They went through several photos that were taken over 5 years ago, pointing out the dense woods that were there before the building was put up. They showed current pictures taken within the last phew days that depict sparse and dying trees. Ms. Bradley pointed out that they are showing us pictures of trees that are on the common property of Three Pence and not on the applicants side, asking how that relates to the issue before the board. Ms. Wright said that when they cleared land for the building project it destroyed the buffer on Three Pence. Mr. Heiman objected to this statement, there is no proof or correlation, and they are comparing photos taken 5 years ago in summer to pictures taken a few weeks ago after a long dry winter. Mr. Martins stated it has nothing to do with the applicant. Mr. Hudak pointed out that they are comparing warm weather when trees are full, to a picture from now when things are bare. Mr. Such said if the association trees are no longer there, it may be something the homeowner needs to take up with the HOA. Ms. Bradley stated they are residents of Jackson and they do care, but she pointed out that when they visited the property to see where the trees would be planted they observed a lot of dying trees but that it would be a code enforcement issue that the applicant will have to meet what they are currently proposing. Bd Attorney stated to Ms. Wright that if she wanted to bring an expert to testify as to why associations' trees are dead that was her right. Dr. Hofstein asked Mr. Anderson if he has asked HOA to replace some of the trees? He said he has not. Mr. Bressi asked the applicant if over the years the applicant has received any complaints that they have killed their trees or their actions damaged any trees? Mr. Pfeffer answer no. Ms. Wright finished testimony stating they are just asking to make them put more substantial buffering. Mr. Pfeffer summation is that the plan is very much in line with what was proposed in 2008, only difference is moving the planting onto applicant's property. Ignore what was planted a few months ago. If approved they will abide by this plan. Mr. Hudak asked Mr. Borden if they would be agreeable to if need be work something out with the association. Mr. Borden stated he met with association and there was a site visit attended by someone from their association. If the HOA wants the applicant to add more trees than Three Pence will have to remove trees, to allow for growth of new trees. Mr. Borden said if they plant too many close together they will self-prune. Mr. Hudak asked if they would be agreeable to a",
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