9 19 24 West Orange BOA ZB 24 06 PSEG Condensed

cbd6abed-8cda-4dba-9ebd-560688bcfcb2 13 (Pages 49 to 52) Page 49 1 protection around there that we will be able to 2 maintain it. 3 MR. MALANGA: All right. So if that is the 4 case that you believe -- and the location of this tree 5 it is right next to the fence? Is it fair to say it is 6 touching the fence? 7 THE WITNESS: I don't know that it's 8 touching the fence, necessarily, but yes, it is in 9 close proximity. 10 MR. MALANGA: The logic that allowed that 11 tree to receive a reprieve from being cut down would 12 that not also hold for the other trees along Prospect 13 Avenue that are being cut down for the fence? 14 THE WITNESS: Well, those are primarily 15 being kept as of this new plan. 16 MR. MALANGA: How about tree number 4136? 17 THE WITNESS: I'm looking for it on the 18 plan right now. 19 MR. MALANGA: It's right near the 20 intersection of Prospect Avenue and Mount Pleasant 21 Avenue. 22 THE WITNESS: Yes, I do see it. Yes, that 23 is slated for removal. 24 MR. MALANGA: How about tree number 4159? 25 THE WITNESS: Fifty-nine? Page 51 1 MR. MALANGA: Understood, Mr. Chairman. 2 CHAIRMAN NEUER: And that's attached to the 3 agenda, and it was available since August 12th. 4 MR. MALANGA: That's funny. I took this 5 off the website subsequent to August 12th. 6 MS. PARLAVECCHIO: Respectfully, Mr. 7 Chairman, we've indicated he can look at that plan. If 8 he's referring to the wrong plan, as you just 9 indicated, there's a link to it on the agenda. This 10 plan has been submitted for a significant amount of 11 time now. This plan is made available to the public. 12 CHAIRMAN NEUER: We've had that discussion 13 with Mr. Malanga. If you're not going to be using the 14 more current plan, Mr. Malanga, please go on to a 15 different line of questioning. You're well past the 16 three minutes and I need you to be more focused. 17 MR. MALANGA: All right. Let's talk about 18 -- let's see, tree 4204 and 4203. Those are the two 19 London Plane Trees that we mentioned previously. 20 THE WITNESS: Yes. 21 MR. MALANGA: Did you or anyone from your 22 organization have any conservations with respect to 23 attempting to preserve these trees that are 44 inches 24 and 58 inches respectively? 25 THE WITNESS: We did not. Those are within Page 50 1 Forty-one-fifty-nine is also slated for removal. We 2 have the fence there. We also have an underground 3 utility that's going to be

espectively? 25 THE WITNESS: We did not. Those are within Page 50 1 Forty-one-fifty-nine is also slated for removal. We 2 have the fence there. We also have an underground 3 utility that's going to be going in that location. 4 MR. MALANGA: Forty-one-sixty? 5 THE WITNESS: Forty-one-sixty is in poor 6 health. 7 MR. MALANGA: How do you know that? 8 THE WITNESS: That's based on observations 9 on the field. 10 MR. MALANGA: Is that located on the plan? 11 THE WITNESS: Yes. There's a hatch on that 12 one. 13 MR. MALANGA: Well, I'm looking at a plan, 14 it's not hatched. 15 THE WITNESS: Am I looking at the wrong 16 one? You said 4159, correct? 17 MR. MALANGA: Forty-one-fifty-nine and 18 4160. 19 THE WITNESS: And 4160 -- yes, 4159 is 20 being demolished. Yes, 4160 does have a hatch. 21 MR. MALANGA: Well, not the version I have. 22 CHAIRMAN NEUER: Mr. Malanga, 23 unfortunately, and I'm very surprised, you're using the 24 earlier plan. You need to refer to the August plan, 25 which is the plan that's before the Board now. Page 52 1 the electrified perimeter that we're talking about with 2 the nature of the improvements. So again, referring to 3 the ANSI standard that I had mentioned, referring to 4 Federal and state regulations for vegetation management 5 near the electrified equipment those were cited to be 6 removed accordingly. 7 MR. MALANGA: I have no other questions. 8 Thank you, Mr. Futey. 9 THE WITNESS: Thank you. 10 CHAIRMAN NEUER: Thank you, Mr. Malanga. 11 Mr. Fagan, hands up? 12 MR. FAGAN: Yes, Mr. Chairperson. A parent 13 of Robeson Bennett, welcome to the meeting. Please 14 state your name and address for the record. 15 MS. BENNETT: I'm so sorry. I don't know 16 why I didn't change the Zoom name, but my name is 17 Micaela Bennett and I live at Old Indian Road. 18 CHAIRMAN NEUER: The exact address, please. 19 MS. BENNETT: Oh, I'm sorry. 35 Old Indian 20 Road. 21 CHAIRMAN NEUER: Thank you. 22 MS. BENNETT: So Mr. Chairman, I only have 23 a couple of questions for Mr. Futey. 24 CHAIRMAN NEUER: That's wonderful to hear. 25 MS. BENNETT: Mr. Futey, is it customary in

cbd6abed-8cda-4dba-9ebd-560688bcfcb2 14 (Pages 53 to 56) Page 53 1 your practice to not visit the site that you're going 2 to render expert testimony about? 3 THE WITNESS: It is. Like I said, members 4 of my team have been out to the site. So I've been 5 responsible for the plan, overseeing the plan, and 6 responsible for it moving forward as well. 7 MS. BENNETT: Have you seen photographs of 8 the site? 9 THE WITNESS: Yes. 10 MS. BENNETT: And specifically the trees in 11 question? 12 THE WITNESS: Yes, I reviewed those. 13 MS. BENNETT: So your estimates of age of 14 trees is related to photographs and conferring with -- 15 THE WITNESS: And reports. 16 MS. BENNETT: -- conferring with members of 17 your team? 18 THE WITNESS: Correct. 19 MS. BENNETT: Okay. Thank you. In your 20 opinion would you benefit from -- in your opinion would 21 you benefit from an actual review of the site yourself? 22 THE WITNESS: I don't believe it is 23 necessary. Like I said, team members have been out 24 there. I actually have confirmation they've been out 25 there three times in three different season. Again, Page 55 1 that you could design the landscape in a way to 2 preserve trees? 3 THE WITNESS: I wouldn't say it was a 4 heightened requirement; it is a requirement. And as I 5 mentioned, this site in particular we have a number of 6 requirements. We have Federal authorities that have 7 jurisdiction over the site. Federal, state authorities 8 that have jurisdiction over the site, as well as the 9 municipal jurisdiction in the form of the ordinance 10 which we are meeting. 11 And preserving trees is absolutely a part 12 of that, so are the needs of the project itself. So 13 it's trying to find a balance as best as possible and 14 meet the requirements of the town. 15 MS. BENNETT: Understood. Did you confer 16 with the PSE&G Forester? 17 THE WITNESS: Their vegetation management 18 team, they do have foresters -- not foresters but 19 actually arborists on their staff. 20 MS. BENNETT: They also have a forester, 21 correct? 22 THE WITNESS: Forester/Arborist. I don't 23 know that forester is the actual designation, but I 24 know they're arborists. 25 MS. BENNETT: Okay. Only because I've had Page 54 1 based on their input, their reports, and the 2 photographs I have a very good handle, I believe, on 3 the site. 4 MS. BENNETT: Thank you. So I'm not 5 familiar with your area of expertise

ad Page 54 1 based on their input, their reports, and the 2 photographs I have a very good handle, I believe, on 3 the site. 4 MS. BENNETT: Thank you. So I'm not 5 familiar with your area of expertise so I apologize if 6 my questions are not as well stated but -- so a 7 landscape architect, are you responsible personally for 8 the design of the plan of the landscaping at this 9 location? 10 THE WITNESS: Yes. The proposed plan and 11 really specifically in providing a plan that is in 12 conformance with the Township Ordinance, which we have 13 done here. 14 MS. BENNETT: Is it -- does your profession 15 also require you to exceed what an ordinance requires 16 if it's a safer plan or a better plan based on what 17 your profession requires? 18 THE WITNESS: Well, we're always beholden 19 to -- as a licensed professional beholden to provide a 20 safe plan without a doubt. And also specifically meet 21 the requirements of the ordinance. 22 MS. BENNETT: But just a slightly different 23 question, and I'll ask it directly related to this 24 plan. So in your profession does your profession have 25 a heightened requirement to preserve trees in the event Page 56 1 the recent opportunity to meet the PSE&G Forester I 2 know they have a Forester, and I'm surprised that the 3 Forester hasn't -- 4 MS. PARLAVECCHIO: Mr. Chairperson, I'm 5 unclear what the relevance is. Mr. Futey's indicated 6 multiple times that he may have had discussions with 7 the vegetation management at PSE&G. Whether or not he 8 had a specific discussion with what Ms. Bennett refers 9 to as the PSE&G Forester I'm not sure how that has any 10 relevance to this discussion. 11 CHAIRMAN NEUER: It is relevant and I'll 12 allow it. Please continue. 13 MS. BENNETT: Thank you, Mr. Neuer. So in 14 the -- again, I apologize. I'm probably going to 15 inartfully state this, but in the hierarchy of 16 vegetation or tree specialists, is an arborist more 17 expert than a forester? 18 THE WITNESS: I don't know that I can pass 19 judgment on the rankings between them. 20 MS. BENNETT: Okay. So in the event -- so 21 would you confer with an arborist or a forester about 22 the age of a tree? 23 THE WITNESS: Really either. 24 MS. BENNETT: Would there ever be a time 25 where you'd prefer a forester to confer with over an

cbd6abed-8cda-4dba-9ebd-560688bcfcb2 15 (Pages 57 to 60) Page 57 1 arborist? 2 THE WITNESS: I would consider them both. 3 Based on their credentials and experience I'd consider 4 them to be experts. And as I mentioned, as much as the 5 town forester who will be involved on this site 6 intimately moving forward. So I would expect those 7 discussions to continue. 8 MS. BENNETT: Would you want to know from 9 the PSE&G Forester if he felt specific trees on this 10 site should be preserved? 11 THE WITNESS: As I mentioned we work with 12 the vegetation management team to do that. I can't 13 speak directly to a specific forester. There are lots 14 of employees with PSE&G, and I've been speaking with 15 members of that team. 16 MS. BENNETT: As I understand from the 17 PSE&G Forester there's one Forester. 18 THE WITNESS: That's possible. 19 MS. BENNETT: So I -- 20 CHAIRMAN NEUER: Let's go onto something 21 else, please, Ms. Bennett. He's told you who he's 22 spoken with and not and you're coming to the end of 23 your available time, so please move onto something 24 else. 25 MS. BENNETT: Thank you, Mr. Neuer. Page 59 1 CHAIRMAN NEUER: Well, I see a phone 2 number. 3 MR. FAGAN: She's back. Sally Malanga, 4 welcome to the meeting. Please state your name and 5 address for the record. 6 MS. MALANGA: Thank you. Sally Malanga, 7 Ridge Road. Mr. Futey, I've been listening -- 8 CHAIRMAN NEUER: Ms. Malanga, the exact 9 address, not just Ridge Road. 10 MS. MALANGA: 57 Ridge Road. I've been 11 listening very carefully to the testimony and really 12 appreciate what you've laid out in terms of the tree 13 planting, lots of natives and so on. So you clearly 14 know your trees in the sense of what should be put in 15 in a modern replanting. But the public's really 16 concerned about 12 very large trees ranging from 17 30 inches to 58 inches that Kevin had brought up and 18 Mr. Scott had brought up, and I'm just wondering if you 19 are willing to look at those trees and go back to your 20 engineer and make an extra effort to preserve them for 21 their historical status and the fact that the public 22 really cares about these trees and is concerned about 23 them? And just -- 24 CHAIRMAN NEUER: Ms. Malanga, let me remind 25 you that you're questioning on behalf of yourself. You Page 58 1 Understood. So I think I just have one additional 2 question, Mr. Futey, and I appreciate your time

EUER: Ms. Malanga, let me remind 25 you that you're questioning on behalf of yourself. You Page 58 1 Understood. So I think I just have one additional 2 question, Mr. Futey, and I appreciate your time and the 3 Board's time. 4 In your opinion is there a way to save more 5 trees? 6 THE WITNESS: I don't believe that there 7 are based on the nature of the improvements. We've 8 taken a very conservative look at this, but I don't 9 believe that based on the electrical equipment, like I 10 said, the grading that's required, I think we are -- we 11 have a solid plan. 12 MS. BENNETT: Thank you very much. 13 CHAIRMAN NEUER: Thank you, Ms. Bennett. 14 And Ms. Bennett, for your edification I've made it 15 clear on many occasions as Chairperson of this Board 16 that where an expert does not personally visit the site 17 it has a negative impact on his or her credibility. So 18 don't think that because Mr. Futey has not been to the 19 site it is a free pass. Any other hands up, Mr. Fagan? 20 MR. FAGAN: Yes, Mr. Chairperson. Sally 21 Malanga, welcome to the meeting. Please state your 22 name and address for the record. 23 CHAIRMAN NEUER: Ms. Malanga? 24 MR. FAGAN: She seems to have disappeared 25 from the screen. Page 60 1 don't represent anyone else. You don't represent any 2 organization, and you certainly don't represent the 3 public. You represent Sally Malanga. Kindly ask your 4 question in that vain. 5 MS. MALANGA: Thank you. In consultation 6 with my friends these are the 12 trees that we care 7 about and that we are asking if you'd be willing to 8 back and take another look. If it requires moving a 9 road a few feet just to save the 58-inch London Plane, 10 for example, or making the detention basins 11 underground. There seems to be alternatives that have 12 not been discussed. That is my question to you, Mr. 13 Futey? 14 THE WITNESS: Like I say, I stated in 15 previous answers, these are all engineering related. I 16 can't really speak to the viability of those, but I 17 absolutely appreciate what you're trying to do and 18 appreciate what the public desires. No one is 19 indiscriminately trying to remove anything, but we are 20 also trying to obviously improve the station and meet 21 the requirements for the town in terms of the ordinance 22 which we do, in addition to meeting Federal and state 23 regulations. 24 So there's a lot that's going into this. I 25 do

station and meet 21 the requirements for the town in terms of the ordinance 22 which we do, in addition to meeting Federal and state 23 regulations. 24 So there's a lot that's going into this. I 25 do appreciate what you're doing absolutely without a

cbd6abed-8cda-4dba-9ebd-560688bcfcb2 16 (Pages 61 to 64) Page 61 1 doubt, but I can't really speak to the engineering 2 behind it and how that all lays out and what will be 3 involved in that. 4 CHAIRMAN NEUER: Anything else, Ms. 5 Malanga? 6 MS. MALANGA: No, just my request stands if 7 he would consider revisiting. Thank you. 8 CHAIRMAN NEUER: Mr. Fagan, hands up? 9 MR. FAGAN: Yes, Mr. Chairperson. Joyce 10 Rudin, welcome to the meeting. Please state your name 11 and address for the record. 12 MS. RUDIN: Hi. Good evening. This is 13 Joyce Rudin, 38 Woodland Avenue. Mr. Futey, you have 14 repeatedly stated that you are in compliance with our 15 township's tree ordinance and that you're meeting all 16 of the requirements. Are you familiar with point 17 number six in the prohibitions which does not allow 18 work to be done -- I will read it specifically, 19 "perform street, curb, and sidewalk construction or 20 repairs unless utilizing methods that protect the roots 21 and trunk of a tree, such as manual excavation, 22 reducing the curb, curbing sidewalks surrounding tree, 23 and modifying driveway aprons to accommodate trees. 24 Are you familiar with that clause? 25 THE WITNESS: Yeah. I've read the Page 63 1 that zone in particular we also have bioretention 2 basins going in as an addition to the fence work. So 3 there's a lot of work happening in that area. 4 MS. RUDIN: But are there trees that will 5 be affected simply because you are modifying the 6 driveway? 7 THE WITNESS: Actually, based on the tree 8 removal plan, the alignment of the driveway, no, not 9 specifically. There are some trees in the interior 10 circulation path that are impacted, certainly, but they 11 get close to the electrified equipment inside that 12 electrical perimeter. 13 MS. RUDIN: But there are trees -- I've 14 been to the site myself and I have walked it with the 15 forester, and there are clearly trees in the apron of 16 the driveway that you are attempting to expand that 17 would not be endangered if the road was not going to be 18 altered. 19 CHAIRMAN NEUER: You need to ask a question 20 and not make statements. 21 MS. RUDIN: Are there trees that are 22 endangered just simply because the road is being 23 altered? 24 THE WITNESS: There are trees that are 25 endangered based on the interior circulation that I Page 62 1 ordinance, yes. 2 CHAIRMAN NEUER: Ms. Rudin, you've

mply because the road is being 23 altered? 24 THE WITNESS: There are trees that are 25 endangered based on the interior circulation that I Page 62 1 ordinance, yes. 2 CHAIRMAN NEUER: Ms. Rudin, you've depicted 3 that as something that Mr. Futey has said, but have you 4 reviewed the report from our Township Forester who's 5 responsible for enforcing the Tree Ordinance dated 6 September 6, 2024. In paragraph four he says, "I've 7 reviewed the landscape plan and it's in accordance with 8 the new Tree Ordinance." 9 MS. RUDIN: Right. And I'm objecting with 10 some of that statement. 11 CHAIRMAN NEUER: Well, when your turn comes 12 you can object all you want, but as far as the 13 questioning you mischaracterized it so please ask 14 another question. 15 MS. RUDIN: No. This has to you do with the 16 excavation in order to modify the driveway that 17 according to our ordinance that it does not permit a 18 driveway to be enlarged or modified if it will affect 19 the tree roots. And I have repeated -- I have heard 20 you say many times that you are in accordance with the 21 ordinance, but modifying the driveway in this way would 22 you say that that affects the roots or root system of 23 the trees that are existing? 24 THE WITNESS: It does. It's the alignment 25 of the driveway, but also as I mentioned previously in Page 64 1 have on the tree inventory. 2 MS. RUDIN: So your testimony is that none 3 of the trees on the outside perimeter which I saw with 4 the forester that seem to be on the map for cutting 5 down that they are going to be staying? 6 THE WITNESS: If it's within the alignment 7 of the new driveway they will not be staying, but 8 they're also not survey trees, I guess. I'm not 9 exactly sure what you're referring to. 10 MS. RUDIN: How is this in accordance with 11 our ordinance if they will be removed to modify simply 12 the driveway. 13 MS. PARLAVECCHIO: Mr. Chairperson -- 14 CHAIRMAN NEUER: Ms. Rudin -- I'm dealing 15 with it. 16 MS. PARLAVECCHIO: Sorry. 17 CHAIRMAN NEUER: Ms. Rudin, he's already 18 testified that there are no trees coming out solely 19 because of the alignment of the driveway. Please go on 20 to something else. 21 MS. RUDIN: You testified that you are 22 putting in trees that will create a wall-like barrier 23 that are not deciduous trees. Can you tell us exactly 24 what the name of those trees are? You mentioned -- are 25 you

estified that you are 22 putting in trees that will create a wall-like barrier 23 that are not deciduous trees. Can you tell us exactly 24 what the name of those trees are? You mentioned -- are 25 you referring to Thuja Green Giants?