2 ZBA Application

under the proposed parking lot, which would eliminate the need to take down 133 trees and would reduce or eliminate need for a detemion basin and that in his opinion the Applicant did not properly calculate its points system to evaluate the project’s utilization of nonstructural methods of storm water management and that in order to cure same a permanent conservation easement of the northern portion of the Subject Property would be required; and WHEREAS objector Kevin Malanga offered the testimony of John Linson, an approved forester and New Jersey certified tree expert, and West Orange Township Forester who was recognized by the Board as a certified forester, he testified that there were many old trees on the Subject Property but there was no “old growth forest” on the Subject Property, that the four largest trees on Subject Property should be preserved and that the Applicant’s Tree Removal Application was complete and qualified for disposition by the Zoning Board; and WHEREAS objector Kevin Malanga offered the testimony of Carl Popolizo, a representative of the United States Department of Fish and Wildlife Service to discuss the Indiana Bat, Mr. Popolizo, testified that he did not write the Fish and Wildlife Service letter but there has been a determination by his office that project activities may proceed as long as trees are not taken down from April 1 to September 30, and that his office recommends that a bat survey be conducted by a Certified Indiana Bat Surveyor to determine if the species is present on the Subject Property; and Porat