9 19 24 West Orange BOA ZB 24 06 PSEG Condensed

cbd6abed-8cda-4dba-9ebd-560688bcfcb2 8 (Pages 29 to 32) Page 29 1 the plan. 2 BOARD MEMBER SCOTT: Yes, sure. 3 THE WITNESS: Let me share my screen. 4 BOARD MEMBER SCOTT: Your sharing screen is 5 gone. 6 MS. PARLAVECCHIO: Mr. Futey, just for the 7 record, can you identify this drawing? Is this what 8 was previously submitted to the Board? 9 THE WITNESS: Yes. This is part of the 10 application. This is drawing TR-01. It has a date of 11 8/11/2024. In terms of London Planes, I am aware of 12 4135 that is a London Plane. There are a number of 13 them around. I don't have them broken out. Obviously 14 there is a tree schedule that has them. 15 BOARD MEMBER SCOTT: Do you know the 16 diameter of those trees, the London Planes? 17 THE WITNESS: Offhand I do not. They're 18 listed on the schedule. 19 BOARD MEMBER SCOTT: Do you have an 20 estimate of the ages of those trees? 21 THE WITNESS: Again, that would probably be 22 in the 40 year, 50 year area. 23 BOARD MEMBER SCOTT: Staying with the 24 illustration that you have can you tell us why 25 specifically the London trees are slated to be cut Page 31 1 would say on the Prospect Avenue side of the site we're 2 talking about that 40- to 50 years. It looks like 3 based on historical aerials this was likely left to go 4 fallow at that point in time. 5 The trees that get down here we do have 6 some larger diameter trees I'm aware of. I know this 7 one is a Little Leaf Linden. I know that's a larger 8 diameter tree. It's within the electrified footprint 9 of the station. 10 I do know that there's a tree -- I believe 11 there's a London Plane right here I believe is the one. 12 Also, of a pretty substantial diameter it's also in the 13 electrified part of the station based on the proposed 14 plan, and I am aware of -- like that London Plane Tree 15 actually that I pointed out that's a fairly sizable 16 tree as well. 17 BOARD MEMBER SCOTT: Okay. If we can stay 18 on the map, I just have two more of these. 19 CHAIRMAN NEUER: Mr. Scott, louder, please. 20 BOARD MEMBER SCOTT: Yes. Thank you, Mr. 21 Neuer. I have two more of these. Can you identify the 22 Horse Chestnut Tree? 23 THE WITNESS: The Horse Chestnut Tree? I 24 need a number. 25 BOARD MEMBER SCOTT: Horse Chestnut Trees. Page 30 1 down? 2 THE WITNESS: Well, depends on where they 3 are. Again, it's the nature of the -- 4 BOARD MEMBER SCOTT: For instance, the one 5 that

mber. 25 BOARD MEMBER SCOTT: Horse Chestnut Trees. Page 30 1 down? 2 THE WITNESS: Well, depends on where they 3 are. Again, it's the nature of the -- 4 BOARD MEMBER SCOTT: For instance, the one 5 that you were able to identify. Why -- 6 CHAIRMAN NEUER: Mr. Scott, let him finish 7 his answer, please. 8 BOARD MEMBER SCOTT: Thank you. 9 THE WITNESS: This one in particular has to 10 do with underground utilities. There's going to be 11 some trenching going along here. I believe it's an 12 underground load bank, and there's going to be a 13 manhole to access that. That's going to be very, very 14 close to that tree. 15 BOARD MEMBER SCOTT: Okay. And on this 16 plan can you identify the Little Leaf Linden Trees on 17 the site? 18 THE WITNESS: Again, I'd have to reference 19 the numbers on here. They're in the schedule that was 20 provided with this package. 21 BOARD MEMBER SCOTT: My questioning would 22 be along the same lines. How old are those trees and 23 why are they being cut down? 24 THE WITNESS: I'm going to say on the 25 whole, on average most of the trees -- and especially I Page 32 1 Pardon me. 2 THE WITNESS: Same thing. They're 3 identified on the schedule. 4 BOARD MEMBER SCOTT: Yes, but can you 5 identify them on this map for us as to where they are? 6 THE WITNESS: I believe there's a grouping 7 down by this fire retention basin. 8 BOARD MEMBER SCOTT: And what about the 9 Norway Spruce along Prospect Avenue? 10 THE WITNESS: Norway Spruce I believe are 11 along the fence line. 12 BOARD MEMBER SCOTT: And why are 13 specifically the Horse Chestnut and the Norway Spruce 14 being slated to be cut down? 15 THE WITNESS: It would be due to the 16 improvements. Anything as I mentioned around the 17 bioretention basin, the installation of that and the 18 grading required to place that, that would cause the 19 removal because it would be detrimental to the root 20 zone. And anything up here it would either be fence 21 and pillar related, or really health related only at 22 this point. A lot of the ones that had issues have 23 already been removed. 24 BOARD MEMBER SCOTT: You're saying 25 specifically the Norway Spruce that would be cut down

cbd6abed-8cda-4dba-9ebd-560688bcfcb2 9 (Pages 33 to 36) Page 33 1 to accommodate the fence, the new fence? 2 THE WITNESS: Yes. It depends on the 3 number, you know, which tag, which designation we were 4 talking about. 5 BOARD MEMBER SCOTT: Are you familiar with 6 the New Jersey Big Tree List? 7 THE WITNESS: I am. 8 BOARD MEMBER SCOTT: So were the Norway 9 Spruce and the Chestnut, would they qualify as heritage 10 trees? 11 THE WITNESS: I don't believe they have the 12 EBH that was commensurate with that. 13 BOARD MEMBER SCOTT: You don't think so but 14 you're not certain? 15 THE WITNESS: We did take a look at that 16 and they were not from my knowledge a part of -- it's 17 commensurate trees that were on the list. 18 BOARD MEMBER SCOTT: Mr. Futey did -- I'll 19 speak up here. I'm sorry. Mr. Futey, did you have any 20 discussions with Mr. Blake, the engineer, about 21 preserving trees at the locations of the stormwater 22 detention basins? 23 THE WITNESS: Well, we received input from 24 Mr. Blake, Burns and McDonnell, regarding the nature of 25 the improvement, grading required to place those Page 35 1 provisions of our Ordinance. 2 BOARD MEMBER SCOTT: Thank you. I'll come 3 back to that one. 4 Mr. Futey, have you ever designed a 5 landscape project where underground stormwater 6 detention tanks were utilized? 7 THE WITNESS: Detention tanks? 8 BOARD MEMBER SCOTT: Yes. 9 THE WITNESS: I have but they've generally 10 been in parking lots. 11 BOARD MEMBER SCOTT: Not at substations? 12 THE WITNESS: No. Not in the projects I've 13 been involved in. 14 BOARD MEMBER SCOTT: Did you ever ask Mr. 15 Blake if it were possible to build underground 16 stormwater detention tanks to enable preserving the 17 trees on the site? 18 THE WITNESS: I did not. 19 BOARD MEMBER SCOTT: Is that commensurate 20 with trying to design a project to save as many trees 21 as possible? 22 THE WITNESS: Well, that again gets into 23 more technical engineering issues with the site in 24 terms of the area that's required by other regulations. 25 So again, the improvements proposed by Burns and Page 34 1 improvements, and that's what this plan is based off 2 of. 3 BOARD MEMBER SCOTT: I'm sorry. So you had 4 discussions and with regards to preserving trees what 5 did you come up with? 6 THE WITNESS: Well, that's again reflected 7 in the tree removal plan. We kept it as tight as we 8 thought was

you had 4 discussions and with regards to preserving trees what 5 did you come up with? 6 THE WITNESS: Well, that's again reflected 7 in the tree removal plan. We kept it as tight as we 8 thought was realistic for the successful planting in 9 keeping -- in time that we keep the existing trees that 10 are remaining and that they will have a long life-span, 11 and also for the proposed trees as well. You know, 12 that's the goal here to have a successful landscape 13 over time. 14 BOARD MEMBER SCOTT: Was it ever considered 15 to put the detention basins elsewhere? I know that you 16 testified already -- or actually the attorney testified 17 that you were in compliance with state law but that you 18 could get a variance from this Board. Was that ever 19 considered to ask for a variance from the Board? 20 Because where you're locating the detention basins does 21 require the taking down of some pretty large trees? 22 THE WITNESS: That's really outside -- 23 CHAIRMAN NEUER: Mr. Scott, the Board does 24 not have the power to grant a variance from a state law 25 or requirement. We can only grant variances from the Page 36 1 McDonnell they provide it to us, we'll have a dialogue 2 back and forth about what trees would be impacted, but 3 those bioretention basins were part of that stormwater 4 design. 5 BOARD MEMBER SCOTT: So it was just never a 6 discussion with you and Mr. Blake that detention tanks 7 could be utilized for this project? 8 THE WITNESS: Not specifically, no. 9 BOARD MEMBER SCOTT: But that would save 10 more trees if it were? 11 THE WITNESS: That really depends on 12 placement. I don't know how that would work. I don't 13 have the engineering on that. 14 BOARD MEMBER SCOTT: To your knowledge is 15 there any state or ordinance that requires an 8-foot 16 tall fence around this facility or facilities like it? 17 THE WITNESS: Well, again, the fence is not 18 in my scope for this project. My understanding of the 19 reasoning is more security based. 20 BOARD MEMBER SCOTT: I understand. Thank 21 you for that, Mr. Futey. Okay. You say you didn't 22 visit the site so I can't ask you that question. Okay. 23 Are there any sections of the wrought iron 24 -- apologies. I'm coming back to the fence and that's 25 not you. My apologies.

cbd6abed-8cda-4dba-9ebd-560688bcfcb2 10 (Pages 37 to 40) Page 37 1 Finally, is the deterioration a result of 2 PSE&G not properly maintaining -- nope, that goes back 3 to the fence again. My apologies. 4 Thank you Mr. Futey. You have answered my 5 questions. 6 THE WITNESS: Thank you. 7 CHAIRMAN NEUER: Mr. Futey, could you take 8 down your screen share for the moment? 9 THE WITNESS: Of course. 10 CHAIRMAN NEUER: In case someone else might 11 want to see it. 12 Mr. Sussman, questions for the witness 13 based on his testimony? 14 BOARD MEMBER SUSSMAN: No questions for 15 this witness, Mr. Chairman. 16 CHAIRMAN NEUER: Thank you very much. 17 Before I go to our professionals, Mr. Futey, are you 18 familiar with a company called Dutchman Industries? 19 THE WITNESS: I am not. 20 CHAIRMAN NEUER: Are you familiar with 21 companies that manufacture equipment which can be used 22 to relocate trees from one place to another? 23 THE WITNESS: Not specifically. 24 CHAIRMAN NEUER: So in your experience you 25 haven't instead of cutting down a tree, relocated it? Page 39 1 CHAIRMAN NEUER: Just for the record for 2 our Reporter, ANSI is A-N-S-I, all capitals, no 3 periods, no spaces. Please continue, Mr. Williams. 4 MR. WILLIAMS: That was it. Thank you, Mr. 5 Chairman. Thank you, Mr. Futey. 6 CHAIRMAN NEUER: You're welcome. Mr. Hess? 7 MR. HESS: Thank you, Mr. Chairman. Mr. 8 Futey, just one question. I just want to confirm that 9 all the vegetation, trees, shrubs, whatever that's 10 being planted are native species to the area which is a 11 requirement in the Ordinance? 12 THE WITNESS: They're not all native. They 13 are commercially available. They are perfectly viable 14 for the site. And we do also have confirmation from 15 Mr. Kipp in his review letter that the species were 16 acceptable. 17 MR. HESS: Okay. Thank you very much. 18 CHAIRMAN NEUER: For the record, Mr. Futey, 19 then is your testimony, and based upon the letter we 20 received from Mr. Kipp, that the Township Forester has 21 agreed that your plan complies with the new Tree 22 Ordinance? 23 THE WITNESS: Correct. 24 CHAIRMAN NEUER: Okay. Now's the time to 25 open it up to questioning for members of the public. Page 38 1 THE WITNESS: Typically no. 2 CHAIRMAN NEUER: Do you know whether or not 3 public service has purchased equipment that would 4 enable it to relocate trees rather than removing them? 5 THE

ic. Page 38 1 THE WITNESS: Typically no. 2 CHAIRMAN NEUER: Do you know whether or not 3 public service has purchased equipment that would 4 enable it to relocate trees rather than removing them? 5 THE WITNESS: I'm not aware of that. 6 CHAIRMAN NEUER: So they didn't make you 7 familiar with any of that? 8 THE WITNESS: No. 9 CHAIRMAN NEUER: Mr. Williams, questions 10 for the witness based on his testimony? 11 MR. WILLIAMS: Thank you, Mr. Chairman. 12 Good evening and welcome back Mr. Futey. Just a point 13 of clarification, and I brought this up during the 14 prior hearing. There are, I believe, two non-municipal 15 standards to which PSE&G must comply. I've heard you 16 mention ANSI but I don't remember whether that was 17 Federal or state, and I didn't hear the second one. 18 THE WITNESS: ANSI is a national standard 19 that really -- those standard are actually, they allow 20 PSE&G to be compliant with the Federal and state 21 regulations. 22 The Federal one that I'm aware of, that is 23 -- the acronym is NERC, N-E-R-C. That is the North 24 American Electric Reliability Corporation. And then 25 the other one is New Jersey Board of Public Utilities. Page 40 1 Members of the public, this is your opportunity to ask 2 questions. You will have the opportunity to make 3 statements, present testimony and witnesses at a later 4 point in these hearings, but for this period of time 5 you're permitted to ask questions based upon the 6 testimony. 7 If you wish to be recognized by our 8 moderator kindly raise your hand so that you may 9 present your questions. 10 MR. FAGAN: Mr. Chairperson, before I go 11 Mr. Malanga has his hand raised. 12 CHAIRMAN NEUER: Let's bring Mr. Malanga 13 up. There you are. Mr. Malanga, just as a reminder, I 14 allowed you into the panel based upon the history you 15 have before the Board where you pay a great deal of 16 respect to our rules and regulations and you are 17 usually well prepared to ask questions in an orderly 18 fashion. And although I personally have granted you 19 more than three-minute based upon my reading of the 20 last hearing when you and Mr. Schwarzbaum went back and 21 forth a little bit, I will continue to afford you that 22 right. But it's not an unlimited right. You can't 23 filibuster. We'll start with three minutes and see how 24 well you do. 25 Again, let me simply remind our moderator

cbd6abed-8cda-4dba-9ebd-560688bcfcb2 11 (Pages 41 to 44) Page 41 1 that the clock runs only while the question is being 2 answered, not during the questioning itself. 3 MR. MALANGA: Good evening, Mr. Chairman. 4 Thank you for that. Members of the Board, good 5 evening. Mr. Flutie (sic), good evening. 6 THE WITNESS: Good evening. 7 MR. MALANGA: Futey, I'm sorry. I'm 8 thinking of the football player. Are you a licensed 9 tree expert? 10 THE WITNESS: No. I'm a licensed landscape 11 architect. 12 MR. MALANGA: Are you a licensed Arborist? 13 THE WITNESS: No. 14 MR. MALANGA: So by virtue of what 15 credential do you opine on the health of trees? 16 THE WITNESS: It is based on our 17 observations of the trees. We work very closely with 18 Arborists. We bring that information back to the 19 project team and there are vegetation experts within 20 PSE&G specifically that evaluate the plan. 21 MR. MALANGA: And you never met any of 22 those experts at this site; is that correct? 23 THE WITNESS: That's correct. 24 MR. MALANGA: Did you prepare a written 25 report as to health of the trees on the site? Page 43 1 THE WITNESS: Forty-eighty-four. According 2 to our records, yes, that is a viable free. 3 MR. MALANGA: What is the age of that tree? 4 THE WITNESS: I don't have an exact age, 5 but I would estimate all the trees in that area that's 6 in the 40- to 50-year area. 7 MR. MALANGA: Forty to fifty years. Have 8 you ever heard of a tree growth factor? 9 THE WITNESS: Tree growth factor? I have. 10 MR. MALANGA: So to your knowledge, not 11 without looking up anything on the Internet. 12 THE WITNESS: No. I'm not looking up 13 anything. 14 MR. MALANGA: Do you know what a tree 15 growth factor is? 16 THE WITNESS: I believe it's just the rate 17 of its growth for the tree is my understanding. 18 MR. MALANGA: Are you aware that there is a 19 numerical value that is placed on various species of 20 trees as their growth factor? 21 THE WITNESS: I haven't used such a 22 numerical factor. 23 MR. MALANGA: I'm sorry. Say that again, 24 sir? 25 THE WITNESS: I have not used such a Page 42 1 THE WITNESS: We have a letter of the 2 review provided by PSE&G. And I'd also like to note 3 that as a condition of Mr. Kipps's review letter the 4 Township will be involved with the site from here on 5 out. So for example, the trees that are slated to be 6 removed they'll be tagged in the field. Mr.

a condition of Mr. Kipps's review letter the 4 Township will be involved with the site from here on 5 out. So for example, the trees that are slated to be 6 removed they'll be tagged in the field. Mr. Kipp's 7 office will review and inspect that tag out. He will 8 also be involved during the removal activities 9 themselves and he will be inspecting the tree 10 protection. So the Township will have representation 11 on-site moving forward. 12 MR. MALANGA: Is there any place on the 13 tree removal plan that you signed that indicates the 14 health of the trees that are set forth? 15 THE WITNESS: Yeah. We have a hatch over 16 the trees that were deemed to be in poor health and 17 were designated separately. 18 MR. MALANGA: So all the trees that do not 19 have hatching over their numbered circles are in good 20 health? 21 THE WITNESS: Yes. They're considered to 22 be viable. 23 MR. MALANGA: All right. So let's talk 24 about number 4084, a London Plane Tree, 30-inch 25 diameter. Is that tree in good health? Page 44 1 numerical factor, no. 2 MR. MALANGA: So if I were to tell you that 3 the tree growth factor for an Oak Tree, for example, is 4 four, and that one multiplies four by the diameter in 5 inches to obtain the age, would that surprise you? 6 THE WITNESS: I can see that being 7 plausible. 8 MS. PARLAVECCHIO: Respectfully, Mr. 9 Chairman, I'm a little bit unclear as to what the 10 relevance of this discussion is. Mr. Futey has 11 indicated the approximate age of the trees based on his 12 knowledge. Mr. Malanga is not a landscape architect. 13 He's not a licensed arborist. I'm just a little 14 unclear of what the relevance of this discussion is. 15 CHAIRMAN NEUER: Mr. Malanga, please turn 16 your video back on. 17 MR. MALANGA: Oh, I'm sorry. 18 CHAIRMAN NEUER: You accidentally 19 disconnected it. 20 MR. MALANGA: That keeps happening. I'm 21 sorry. 22 CHAIRMAN NEUER: That's all right. Ms. 23 Parlavecchio, I'll give him a little bit of leeway. 24 You've presented Mr. Futey as an expert, and he did 25 offer some testimony regarding heights and ages of

cbd6abed-8cda-4dba-9ebd-560688bcfcb2 12 (Pages 45 to 48) Page 45 1 trees. I will let it go a little further. 2 MR. MALANGA: So if I were to tell you that 3 the tree growth factor for a London Plane Tree is four, 4 and that one multiplies that number by the diameter in 5 inches to obtain tree number 4084 and age of 120 years, 6 would that surprise you? 7 THE WITNESS: Well, there's more to it than 8 that. I mean, it's probably a good rule of thumb, but 9 obviously there are a number of factors that would go 10 into the growth rate, the size of the tree over time, 11 drought, soil conditions, et cetera. So that might be 12 a good rule of thumb, but I don't think it's absolute. 13 MR. MALANGA: But you're not using that 14 rule of thumb. You're saying that all the trees on 15 this site are 40- to 50-years old? 16 THE WITNESS: I'm saying the majority of it 17 based on the sizes that we're seeing. And I said 18 that's specifically for the area around Prospect 19 Avenue. 20 MR. MALANGA: All right. Mr. Futey, for 21 London Plane Tree number 4135, 46-inch diameter. 22 THE WITNESS: Yes. 23 MR. MALANGA: You're saying the age of this 24 tree is 40 to 50 years? 25 THE WITNESS: No, that's likely longer. Page 47 1 a little far afield. First of all, we don't have any 2 information on what you've described as a tree growth 3 factor. You're not an expert. You're asking questions 4 but you've gone a little far afield. The witness has 5 already testified with regard to his belief as to the 6 age of the trees based upon the type of tree and the 7 height. So please let's move on to something else. 8 MR. MALANGA: Yes, Mr. Chairman, I will do 9 so. 10 CHAIRMAN NEUER: Thank you. 11 MR. MALANGA: Mr. Futey, there was a 12 question by Mr. Scott with regard to a Norway Spruce 13 along Prospect Avenue. And that as a 40-inch diameter 14 Norway Spruce. And that was on your plan, your plan 15 dated May of this year and that was scheduled to be cut 16 down; is that right? 17 THE WITNESS: Do you have a number for that 18 one, a tag number? 19 MR. MALANGA: Let me find a number for you, 20 sir. 21 CHAIRMAN NEUER: Mr. Fahey, you can take 22 the clock down now. 23 MR. MALANGA: Number 4251. 24 THE WITNESS: Trying to locate that on the 25 plan. Yes, I see that one, yes. Actually, 4251 is Page 46 1 That's one of the larger trees on the site. 2 MR. MALANGA: All right. And that's 3 scheduled to be cut

NESS: Trying to locate that on the 25 plan. Yes, I see that one, yes. Actually, 4251 is Page 46 1 That's one of the larger trees on the site. 2 MR. MALANGA: All right. And that's 3 scheduled to be cut down, isn't it? 4 THE WITNESS: It is due to underground 5 utility work. 6 MR. MALANGA: And what is the age of that 7 tree since it's older than 40 to 50 years, what would 8 you estimate that tree to be? 9 THE WITNESS: That could be upwards of 100 10 years, maybe when the station was first constructed 11 here, that was possible. 12 MR. MALANGA: How about London Plane Tree 13 number 4203, 58 inches in diameter. What would you 14 estimate the age of that one to be? 15 THE WITNESS: That's probably in that same 16 range, 80 to a hundred years. 17 MR. MALANGA: So if we're again reverting 18 to the tree growth factor of four times 58 inches, what 19 do we get as an age for that tree, sir? 20 THE WITNESS: It will be -- I don't have my 21 calculator in front of me, but yeah -- 22 MR. MALANGA: It's over 220 years old, 23 right, close to 250 years old? 24 MS. PARLAVECCHIO: Mr. Chairman -- 25 CHAIRMAN NEUER: Mr. Malanga, you're going Page 48 1 slated to stay. 2 MR. MALANGA: Okay. Well, that's on -- and 3 what is the date of the plan that you are looking at 4 that indicates that tree is scheduled to stay? 5 THE WITNESS: That would be the most 6 current one as part of the application that was 7 submitted for this hearing. 8 MR. MALANGA: Because I'm looking at your 9 plan dated May 9th, 2024 -- 10 CHAIRMAN NEUER: Mr. Malanga, let him 11 answer your question. 12 MR. MALANGA: Yes, sir. 13 CHAIRMAN NEUER: What is the date of the 14 plan he's using? 15 THE WITNESS: The revised date on it is 16 8/11/2024. 17 MR. MALANGA: So what is the reason for the 18 change in the plan for that tree between the time of 19 your plan dated May 9th, 2024, to the most recent plan 20 that was submitted? 21 THE WITNESS: We considered -- again, the 22 first round we were very, very conservative about what 23 would come out. We did go back and look at it and its 24 proximity to the fence. The other trees that are along 25 that fence line we believe we can put enough tree