9 12 24 West Orange BOA ZB 24 06 PSEG Full size Transcript

Page 71 1 COMMISSIONER SUSSMAN: Okay. Thank you 2 for clarifying that. 3 I think it's pretty clear from this that 4 the fence itself is actually steel. 5 THE WITNESS: It is, and that's why I had 6 to get into this brochure. I didn't want to say one 7 thing and not -- you know, be incorrect when I knew 8 that I had the document. 9 COMMISSIONER SUSSMAN: Yeah. 10 THE WITNESS: I apologize for not opening 11 it beforehand. I thought I had it open and I did 12 not. 13 COMMISSIONER SUSSMAN: That's okay. It 14 looks like some of the ancillary components like 15 caps and things might be aluminum, but the fence 16 itself looks like steel. 17 THE WITNESS: The majority of the fence, 18 yes. And that's why I kept it on this sheet, just 19 so everybody had a chance to read it, because I know 20 there was a question about materials, warranty, et 21 cetera. 22 COMMISSIONER SUSSMAN: Right. Okay. 23 Thank you very much, Mr. Blake. 24 THE WITNESS: Thank you. 25 ACTING CHAIR SCHWARZBAUM: So just for

Page 72 1 somebody who used to be in the steel business, more 2 than likely it is powder coated, but your planner 3 will testify. 4 Just based upon some of the Board comments 5 and my own, I would appreciate if you would consider 6 putting -- keeping the brick pillars as part of the 7 design, if that is a possibility. 8 Is that something that could be put in 9 just for the aesthetic looks? 10 THE WITNESS: I'm going to defer that to, 11 you know, PSE&G just because it is their fence. 12 MS. PORTER: So, Mr. Vice-Chairman, we are 13 in the process of discussing that internally to see 14 if that's something that can be accomplished as part 15 of this application. So we will get back to the 16 Board shortly in connection with that request. But 17 we are specifically taking it under advisement as 18 the hearing progresses. 19 ACTING CHAIR SCHWARZBAUM: Okay. 20 Mr. Hess -- I know it's late, but I want to just go 21 to Mr. Hess and then we'll take a five-minute break 22 and then we'll come back to public questions. 23 So, Mr. Hess, are you -- in regard to the 24 testimony, do you have any questions? 25 MR. HESS: Thank you, Mr. Chairman.

Page 73 1 In our review letters, we had a series of 2 comments regarding the stormwater design, so 3 obviously the applicant has not submitted revised 4 stormwater calculations. I would ask the -- I would 5 ask Mr. Blake if the applicant has -- if he has 6 reviewed our comments and if they agree to address 7 all of those in subsequent submissions. 8 THE WITNESS: Yes, I have read all the 9 comments and I will provide responses to all those 10 in comment resolution. 11 MR. HESS: Right. Did you see any issues 12 that we need to discuss regarding the comments? 13 THE WITNESS: I don't believe there was 14 anything that was too glaring or that sticks out to 15 me that would be too much of a challenge. I'm 16 looking at my notes right now to see if there was 17 anything that I made note of that would be 18 difficult, but I don't see anything. 19 The bioretention -- I think there was one 20 about bioretention sizing and making sure that 21 there's enough -- 1 foot of, you know, freeboard. 22 MR. HESS: Yes. 23 THE WITNESS: I know that there are some 24 challenges with the seasonal high water table in 25 various locations and trying to get the full extent

Page 74 1 of the bioretention to meet the design requirements 2 of the BMP manual. 3 We will relook at that. I know that we 4 want to, you know, sharpen our pencil on our 5 calculations when we submit back for comment 6 resolution to see if there's any adjustments to the 7 bioretention basins, you know, on the footprint and 8 see if we can reduce those sizes, you know, 9 to whatever -- I'm not promising anything yet 10 because I need to get back into the calculations, 11 but that will all be a part of that. And, also, 12 looking at 1 foot of freeboard. 13 MR. HESS: Okay. All right. Thank you. 14 I have no further questions. 15 ACTING CHAIR SCHWARZBAUM: Okay. We're 16 going to take a five-minute break to 9:50 and then 17 we will open it up to public comments. Okay? 18 THE WITNESS: Thank you. 19 MEETING MODERATOR: Vice-Chair, we do have 20 the town planner who has a question. 21 ACTING CHAIR SCHWARZBAUM: Okay. So after 22 the five minutes we will commence with the town 23 planner. 24 MEETING MODERATOR: Okay. Great. 25 ACTING CHAIR SCHWARZBAUM: Thank you.

Page 75 1 (Whereupon, a recess is taken.) 2 ACTING CHAIR SCHWARZBAUM: Okay. How we 3 doing? 4 MEETING MODERATOR: People are starting to 5 come back in now. 6 ACTING CHAIR SCHWARZBAUM: And who is the 7 next one? You were saying the -- 8 MEETING MODERATOR: The Township planner. 9 George. 10 MR. WHEATLE WILLIAMS: Thank you, Acting 11 Chair. 12 ACTING CHAIR SCHWARZBAUM: Hold on. I 13 just want to get everybody back on and then you'll 14 be up. 15 MR. WHEATLE WILLIAMS: Okay. And I'll be 16 brief. 17 ACTING CHAIR SCHWARZBAUM: Be thorough. 18 MR. WHEATLE WILLIAMS: That's good. 19 ACTING CHAIR SCHWARZBAUM: Okay. Fine. 20 We have a quorum. I just want to make sure. 21 MEETING MODERATOR: Yes. 22 ACTING CHAIR SCHWARZBAUM: Yes, we do. 23 Okay. We're back on from break. So we're going to 24 go to our town planner. 25 Go ahead. Proceed with your questions,

Page 76 1 George. 2 MR. WHEATLE WILLIAMS: Thank you, Acting 3 Chair. And thank you, Mr. Blake, for your 4 testimony. 5 I have a point of clarification. I know 6 that the planner's going to go into the reliefs that 7 are being sought, et cetera. But in response to 8 counsel's reply or question or query to you about 9 the 8-foot height being something that complies with 10 the standard, I just don't recall for the record 11 what that standard was to which you agreed. 12 Is that a PSE&G standard? Is it a state 13 standard, a national standard, for safety? 14 THE WITNESS: It's a PSE&G standard for 15 safety. 16 MR. WHEATLE WILLIAMS: I'm sorry, what's 17 that? 18 ACTING CHAIR SCHWARZBAUM: We couldn't 19 hear you. 20 THE WITNESS: Sorry. It's PSE&G's 21 standard for safety. 22 MR. WHEATLE WILLIAMS: Okay. Thank you. 23 Acting Chair, that was my only point of 24 clarification for this witness. 25 ACTING CHAIR SCHWARZBAUM: Okay. Members

Page 77 1 of the public. 2 MEETING MODERATOR: We have Kevin Malanga 3 with his hand up. 4 ACTING CHAIR SCHWARZBAUM: Okay. Go 5 ahead, Kevin. 6 MR. MALANGA: Thank you, 7 Mr. Vice-Chairman. 8 Ms. Porter, Mr. Blake, good evening. 9 THE WITNESS: Good evening. 10 CROSS-EXAMINATION 11 BY MR. MALANGA: 12 Q. Mr. Blake, what is the name of your 13 employer, please? I didn't catch that at the 14 beginning of your testimony. 15 A. It is Burns & McDonnell. 16 Q. Okay. So it is the firm that prepared the 17 photo simulations? 18 A. Yes, that is correct. 19 Q. Were you actually involved in the 20 preparation of the photo simulations? 21 A. I personally was not involved. 22 Q. I zoomed in on these photo simulations of 23 the fence and it looked to me that the Trident fence 24 is depicted there. That's not the case? 25 A. It appears that it could be the Trident

Page 78 1 fence. I know that our rendering group was trying 2 to turn these around and had to reuse, I'm guessing, 3 some previous products that they developed. 4 Q. Uh-huh. 5 A. And if we want to update the renderings, 6 we could fix that if that is something that needs -- 7 would like to be done. 8 Q. Because the information that's attached to 9 the application describes the Trident as "the 10 intimidating look" of the Trident. 11 Is that a look that we want at an 12 intersection, major intersection, in West Orange? 13 A. Well, we're not putting in the Trident. 14 So the plan is to put in the Stronghold, which does 15 not have the pointed top. 16 Q. Now, Mr. Blake, were you involved in the 17 preparation of the tree removal plan? 18 A. I had a little bit of involvement in it, 19 mainly where it was affected by the bioretention 20 basins. 21 Q. So what was your involvement in that 22 regard, please? 23 A. Our design, which had the grading and 24 bioretention design, I provided those extents and 25 gave my recommendation on what trees would have to

Page 79 1 be removed as associated with the bioretention 2 basins. 3 ACTING CHAIR SCHWARZBAUM: One second. 4 Megan, are you timing this or do you want 5 me to time it? 6 MEETING MODERATOR: Oh, I'm sorry. I 7 wasn't sure, because Mr. Malanga is considered a 8 panelist, that we would time him. 9 ACTING CHAIR SCHWARZBAUM: But I believe 10 he's testifying as a resident. 11 MR. MALANGA: Correct. 12 ACTING CHAIR SCHWARZBAUM: Is that 13 correct? 14 MR. MALANGA: Mr. Schwarzbaum, Chairman 15 Neuer always affords me additional time because he 16 knows that three minutes will not be sufficient for 17 all of the questions that I have. 18 ACTING CHAIR SCHWARZBAUM: We'll give you 19 five minutes. So we'll give you another three. Go 20 ahead. Go. 21 MR. MALANGA: Let's see if I can get all 22 my questions done in three, but that's not likely, 23 Mr. Schwarzbaum. 24 MEETING MODERATOR: If we need that 25 exhibit up -- or I could pull it up on my phone.

Page 80 1 ACTING CHAIR SCHWARZBAUM: If we could 2 please have the exhibit that's TR-01. 3 MEETING MODERATOR: Okay. 4 BY MR. MALANGA: 5 Q. So, Mr. Blake, when you prepared your 6 civil engineering plans -- 7 A. Yes. 8 Q. -- there are certain trees that are marked 9 that don't seem to be anywhere near the 10 construction. For example, the tree that's marked 11 4078. 12 A. Can you -- 13 Q. Can you tell me about the decision to cut 14 down that tree? 15 A. Could you provide a little more direction? 16 Q. Yes. If you see the longest duct bank 17 that runs north-south. 18 A. Yes. 19 Q. At the southernmost point of that and 20 beyond is that tree. 21 A. And what was the number again? 22 Q. 4078. Move your cursor to the left. Go 23 beyond the intersection and go straight up now, 24 straight north. 25 A. Oh, this one right here?