9 19 24 West Orange BOA ZB 24 06 PSEG Condensed

cbd6abed-8cda-4dba-9ebd-560688bcfcb2 21 (Pages 81 to 84) Page 81 1 CHAIRMAN NEUER: Okay. So you were about 2 to start talking to us about bulk variances. Please 3 do. 4 THE WITNESS: We are asking for five bulk 5 variances. The first bulk variance is for insufficient 6 front and side-yard setback. We are proposing to put 7 our switchgear at 77.9 feet from Mount Pleasant Avenue. 8 The ordinance requires 100 feet. 9 The second variance is for exceedance of 10 maximum permitted lot coverage. The permitted lot 11 coverage is 30 percent. However, the existing lot 12 coverage is 41 percent. Obviously, that exceeds the 13 permitted coverage, and that was approved back in 2017. 14 We are requesting an increase to 49 percent. 15 Michael Blake our civil engineer already 16 explained that PSE&G has compensated for any increased 17 stormwater runoff with bioretention basins. 18 The third variance we are asking for is a 19 decorative 8-foot high metal fence to replace the 20 6-foot wrought iron and brick pillar fence. This fence 21 is along the frontages of Mount Pleasant Avenue and 22 Prospect Avenue. 23 The Ordinance only permits 6-foot high 24 fences. PSE&G follows the National Electric Safety 25 Code requirements, which is an industry standard that Page 83 1 respectfully request that our application be amended to 2 reflect the 9 feet based on the earlier discussion by 3 my colleague, Ms. Parlavecchio, that for the 4 installation of the brick pillars we're seeking that 5 additional height. 6 CHAIRMAN NEUER: Okay. That seems to be a 7 minor amendment and it's approved. The application is 8 amended. Please continue, Ms. Merainer. 9 THE WITNESS: There are reasons we are 10 asking for a more robust fence. You have seen the 11 fence. We've provided the brochure. The fence we are 12 proposing meets National Electric Safety Code and PSE&G 13 standards. It is stronger due to the steel material 14 and supporting concrete foundations. Some of you have 15 already looked at the fence that's existing. You saw 16 the condition of the pillars. You saw the condition of 17 the wrought iron. Wrought iron was widely used in the 18 early 1900s but now there are better modern 19 equivalents. The fence we are proposing has the slats 20 -- actually fence manufacturers call those the pails. 21 The pails are the vertical sections. The fence we are 22 proposing has slats that are

equivalents. The fence we are proposing has the slats 20 -- actually fence manufacturers call those the pails. 21 The pails are the vertical sections. The fence we are 22 proposing has slats that are three-and-one-quarter-inch 23 wide. That is to make it less able to be climbed. The 24 concern is someone putting their foot between the slats 25 and managing to get over the fence. Right now the Page 82 1 requires 7-foot high fencing. It does not dictate what 2 type of fence. It just dictates that there be a fence. 3 However, PSE&G has a slightly more protective stricter 4 standard of 8 feet. And we have been using that for a 5 decade or two at this point. Right now that 6-foot 6 height fence does not meet industry standards, much 7 less PSE&G standards. 8 I should mention there are other parts of 9 the site where PSE&G has put 8-foot high fence, and 10 that has been approved by this Board. I will give you 11 a number of details about the fence, but in your 12 application packages you do have the fence brochure. 13 This is in the ZBA compiled application page 94. 14 So why do we need this new fence? 15 CHAIRMAN NEUER: I'm sorry. Ms. Merainer, 16 there was some testimony earlier tonight about using 17 the brick pillars which requires the height of the 18 fence to be 9 feet. 19 THE WITNESS: Yes. I will explain why. 20 The fence -- 21 CHAIRMAN NEUER: I just want to know 22 whether or not that's -- I want to know whether to ask 23 your Counsel to amend the application so that the 24 request for the height of the fence is 9 feet. 25 MR. PORTER: Yes, Mr. Neuer, we would Page 84 1 wrought iron fence has 4-inch slats. The fence we are 2 proposing is more protective with 3 three-and-one-quarter-inch slats. 4 Also, the fence we are proposing is 5 corrosion resistant. That is because it is steel and 6 it is powder coated in the factory. Therefore, it 7 requires much less maintenance like painting. 8 Finally, it meets the industry standards. 9 So I know that you'll have more questions about that 10 but our reasoning is we need a more robust fence that 11 protects the public and also protects our station. 12 I'll just segue to the fourth variance I'm 13 asking for. Again, this is a bulk variance. The town 14 allows temporary use of construction days. If a 15 construction trailer is not used for a period of 30 16 days it must be removed. It's been explained by 17 Miguel,

his is a bulk variance. The town 14 allows temporary use of construction days. If a 15 construction trailer is not used for a period of 30 16 days it must be removed. It's been explained by 17 Miguel, our project manager, that the construction will 18 occur four to four and a half years. So there will be 19 times when it doesn't look like there's construction on 20 the site or the construction trailers don't look to be 21 occupied, but we have not finished construction. So we 22 are asking for a variance if needed to allow the 23 construction trailers to remain. 24 And finally, I'm asking for a bulk variance 25 for any pre-existing non-conformities that exist on the

cbd6abed-8cda-4dba-9ebd-560688bcfcb2 22 (Pages 85 to 88) Page 85 1 site. One non-conformity could be the distance between 2 buildings. Please note that the buildings are placed 3 for electric functionality. This is obviously not a 4 commercial shopping mall or anything where you have 5 buildings placed next to each other for different 6 needs. The buildings here are often closer together 7 for electric needs. 8 So that concludes the five variances that 9 we're looking for. Now I'd like to -- 10 CHAIRMAN NEUER: Ms. Porter, it's going to 11 be very difficult for a Board to grant a variance that 12 says plus everything else that's wrong with the site. 13 MR. PORTER: Correct. So -- 14 CHAIRMAN NEUER: We really do need a list 15 of what Ms. Merainer is talking about. 16 MR. PORTER: Yes. So these are 17 pre-existing non-conformities. So we're essentially 18 seeking a continuation, but to the extent that the 19 Board would like a specific list of what those are they 20 are identified on the plan but we can certainly provide 21 that. 22 CHAIRMAN NEUER: That would be very 23 helpful. Thank you. 24 THE WITNESS: Just to reiterate, I believe 25 the only one would be the distance between buildings. Page 87 1 Now I'm showing you yet another version of 2 the fence. What we intend to do is match the proposed 3 pillars to the brick that currently exists on the 4 building at West Orange. We tried to match the two. 5 In this case you're looking at more of a brown tone. 6 We intend to use more of a red tone that will match the 7 building. 8 So this is a site in Jersey City, and you 9 can see the substation is opposite a high-priced 10 residential building. You can see that these pillars 11 look to be more like 9-feet high. I am just showing 12 this as an example of the sort of thing that we've done 13 before. That's why we are asking for the fence, 14 specifically the pillar and the pillar cap to be more 15 than 8 feet. We recognize that your ordinance is only 16 6 feet. And this is a substation in Plainfield, New 17 Jersey. This is where you can see the fence. 18 So I will stop sharing. This was merely to 19 give you an idea of the sort of fences that we have 20 done. We have about 50 stations with such fences in 21 our service territory. 22 CHAIRMAN NEUER: You need to pan back. 23 MR. PORTER: Your camera, it's blurry and 24 it's not on your face. 25 CHAIRMAN NEUER: There you

ut 50 stations with such fences in 21 our service territory. 22 CHAIRMAN NEUER: You need to pan back. 23 MR. PORTER: Your camera, it's blurry and 24 it's not on your face. 25 CHAIRMAN NEUER: There you go. Page 86 1 If you'll allow me, I'd like to share my screen for a 2 moment and I'd like to show you some photos of what we 3 have done in other cases. What you are looking at 4 right now is one of our -- 5 CHAIRMAN NEUER: We're looking at a blank 6 screen. 7 MR. PORTER: It's not up yet. 8 THE WITNESS: How is it not sharing? 9 CHAIRMAN NEUER: There it is. 10 THE WITNESS: Okay. What you are looking 11 at right now is one of our stations in Jersey City. 12 You can see that we have the brick pillars. The brick 13 pillars have little caps on them. That fence is a 14 8-foot high fence. That is the Impasse Gaunlet style 15 that is our standard for fences. However, as you know 16 we are using stronghold. But this give you an idea 17 what the fence and pillars look like. 18 The reason we're asking for 9 feet is 19 because I need a little cap on top of that pillar. We 20 don't know exactly how big that little cap will be. 21 That's why I'm asking for more than 8 feet, not to 22 exceed 9 feet. 23 Now I'm showing you another station in 24 Jersey City. This is our Garfield Avenue Substation. 25 And you can see the fence and you can see the pillar. Page 88 1 THE WITNESS: Sorry. 2 MR. WARNER: Mr. Chairman, I apologize for 3 interrupting but do we wish to mark those pictures as 4 Exhibits A-8 through A-12? 5 CHAIRMAN NEUER: I was getting to that. 6 Okay. Ms. Merainer, do you know who took the pictures? 7 THE WITNESS: Yes, I did. 8 CHAIRMAN NEUER: Do you know what dates 9 they were taken? 10 THE WITNESS: Yes. In fact, I will be 11 sending an e-mail to Ms. Chandler and each file is 12 listed with the date the photo was taken. 13 CHAIRMAN NEUER: And do they fairly depict 14 the conditions on that location on the dates that the 15 pictures were taken? 16 THE WITNESS: They do. 17 CHAIRMAN NEUER: Then as Mr. Warner had 18 subjected, Ms. Chandler, those are Exhibits A-8 through 19 12 for Identification. 20 (Exhibits A-8 through A-12, photographs, 21 are received and marked.) 22 THE WITNESS: And Ms. Chandler, I will be 23 emailing these to you. 24 MS. CHANDLER: Thank you. 25 CHAIRMAN NEUER: Diana, they can be put on

cbd6abed-8cda-4dba-9ebd-560688bcfcb2 23 (Pages 89 to 92) Page 89 1 to the agenda as Exhibits for Identification. Please 2 continue. 3 THE WITNESS: Thank you. There are reasons 4 that this Board can approve this application, and there 5 are three specific reasons. The first, this is an 6 inherently beneficial use. The second, there are 7 special planning reasons that are advanced by this 8 application. And the third reason is that we are 9 providing upgraded reliability and aesthetic 10 improvements. 11 So I'll just go back a little bit. 12 Inherently beneficial use. This is an inherently 13 beneficial use that promotes the general welfare. 14 Reliable electricity is essential and critical to our 15 modern way of living. I'd also like to say that proper 16 cable connections are too but I'll stick with 17 electricity. 18 This station supplies service to thousands 19 of customers in West Orange and in surrounding areas, 20 and we've been providing that service since 1928. As 21 customers, the Board expects PSE&G to provide safe and 22 reliable equipment -- excuse me, reliable service with 23 modern equipment. You do not expect us to be using 24 equipment from the 1920s. 25 This Board previously determined that the Page 91 1 objectives, interest, and welfare of the public. This 2 is specifically provision of reliable service. We've 3 been doing this since 1928 and I intend that we will 4 continue another hundred years, even though many of us 5 may not be there to see it. 6 The second purpose in the West Orange 7 Zoning Ordinance that is advanced is promoting in the 8 public interest the utilization of land for its most 9 appropriate purpose. Again, the station has been used 10 since 1928. That is 96 years of service at this 11 location. 12 And finally, the purpose of the Municipal 13 Ordinance that we advance is encouraging coordination 14 of the various public and private procedures and 15 activities shaping land development with a view of 16 lessening the cost of such development into the more 17 efficient use of land. It makes sense to utilize the 18 land at the substation to its most practical extent. 19 We put the station there for the long-term and we plan 20 for the long term and we are using the station to its 21 maximum extent practical. 22 The third reason that the Board can approve 23 these variances is because the upgrades provide 24 electric

plan 20 for the long term and we are using the station to its 21 maximum extent practical. 22 The third reason that the Board can approve 23 these variances is because the upgrades provide 24 electric reliability and aesthetic benefits explained 25 by Miguel, our project manager, Mike Blake, and John Page 90 1 station is an inherently beneficial use and the station 2 is particularly well-suited for public utilities. I 3 included a Resolution from 2007 in your application 4 packages. I also included a Resolution from 2017. And 5 I explained previously that I was able to find partial 6 or full records that PSE&G as been requesting relief 7 for expansion of a nonconforming use and height 8 variances for at least 35 years. 9 The second reason the Board can approve 10 this application is because special planning reasons 11 are advanced by the project. The special reasons are 12 the purposes in the Municipal Land Use Law and the 13 Township Zoning Ordinance. The special reasons are 14 first, the specific purposes of the municipal Land Use 15 Law that are promoted are promoting the public health, 16 safety, and general welfare of the community and 17 benefiting the public. 18 Also, we are offering a reduction in 19 potential outages which obviously advances safety from 20 and during natural disasters. And finally we are 21 promoting energy resources in the state. Purposes in 22 the West Orange Ordinance that are advanced are first, 23 helping to guide and regulate the orderly growth, 24 development, and redevelopment of the Township in 25 accordance with a comprehensive plan and with long-term Page 92 1 Futey. 2 The improvements in my opinion will not 3 adversely affect the health, safety, or welfare of 4 existing residents, the surrounding area, or alter the 5 character of the neighborhood. We understand that 6 trees will be removed. That is why we have proposed a 7 planting plan that is found by the Township Forester to 8 be in compliance. We are not changing the character of 9 the neighborhood by introducing a new type of use. We 10 were probably the first use in the neighborhood and we 11 are continuing that use. The requested zoning 12 deviations are related to beneficial improvements; 13 namely, the provision of safe and reliable electricity. 14 The improvements will have a de minimus 15 impact on things like site grading, drainage, and 16 lighting. Again, we

neficial improvements; 13 namely, the provision of safe and reliable electricity. 14 The improvements will have a de minimus 15 impact on things like site grading, drainage, and 16 lighting. Again, we recognize the trees that must be 17 taken down for this application, but we'll continue to 18 be an unmanned facility that generates minimal traffic. 19 I believe it was stated before but I will say it again, 20 typically during operation the station has minimal 21 traffic consisting of one or two technicians coming by 22 once a week or every two weeks. They come by in a 23 light duty truck or a minivan. They pull into the 24 station using a card reader and they park in the 25 station. When they are finished they leave the

cbd6abed-8cda-4dba-9ebd-560688bcfcb2 24 (Pages 93 to 96) Page 93 1 station. 2 The facility will remain a public utility 3 that serves the public and advances the general 4 welfare. We satisfy the positive criteria because the 5 upgrades are for an inherently beneficial use and the 6 benefits are for greater electric reliability. The 7 property's particularly suited for public utilities due 8 to its history and longevity of use. 9 The 26kV switchgear and ancillary equipment 10 will cause visual impact, we acknowledge that. 11 Therefore we have done our best to try to retain as 12 many trees on the property. However, there will be an 13 impact. I believe that this impact is outweighed by 14 the provision of safe and reliable electricity. We are 15 proposing improvements that are similar to what we 16 already have at the station. 17 The lightning mast. There are already 18 lightning masts at the station. So I believe that the 19 improvements will be seen as an intensification of the 20 use. The station aesthetics will be improved by a 21 modern fence. This is a modern equivalent to the fence 22 that exists. And we will -- and the most important 23 thing is that it complies with modern security 24 standards. 25 John Futey, our landscape architect, has Page 95 1 from equipment. There are no wetlands, floodplains or 2 water courses on the property, therefore, there will be 3 no impact to that. And for stormwater we are creating 4 bioretention basins and we will capture all of our 5 stormwater. 6 Therefore, its my opinion as a Professional 7 Planner that the variances to upgrade the West Orange 8 switching station can be granted because there's no 9 detriment to the public good and no impairment to the 10 intent or purpose of the Township's Zoning Ordinance, 11 development regulations, and Master Plan. Thank you 12 for listening. I'm happy to entertain any questions 13 you have. 14 CHAIRMAN NEUER: Ms. Porter? 15 MR. PORTER: You called me? Yes. 16 CHAIRMAN NEUER: Anything further from this 17 witness? 18 MR. PORTER: No, Mr. Chairman. We would 19 make this witness available to questions from the Board 20 and the public. 21 CHAIRMAN NEUER: Thank you so much. Let's 22 work in reverse order this time. Mr. Sussman, 23 questions for the witness? 24 BOARD MEMBER SUSSMAN: I have no questions 25 at this time, Mr. Chairman. Page 94 1 explained that the tree plantings will be

k in reverse order this time. Mr. Sussman, 23 questions for the witness? 24 BOARD MEMBER SUSSMAN: I have no questions 25 at this time, Mr. Chairman. Page 94 1 explained that the tree plantings will be a mix of 2 deciduous and evergreen trees. They will be more 3 sustainable, coordinated, and attractive than much of 4 the random landscaping that exists. 5 Station security will be enhanced 6 particularly due to the new station fence and the 7 landscaping. The negative criteria is satisfied 8 because the upgrades don't substantially impair the 9 intent or purpose of the Master Plan and the 10 development regulations. Safe, reliable, and 11 sufficient electric energy is needed to support all the 12 objectives of the Municipal Land Use Law and the 13 Township's Planning documents. There are no adverse 14 public safety or health impacts, and there's no 15 substantial public welfare or fiscal impacts. In my 16 opinion the benefits outweigh any deviations of the 17 Zoning Ordinance, and on balance the benefits outweigh 18 any detriment. 19 I'd just like to go through some of the 20 performance standards. I've already explained traffic. 21 The station's unmanned. We will not be increasing 22 traffic. There is no impact to township water, sewer, 23 community facilities or schools. There will be no 24 creation of dust or negative air emissions upon 25 operation. No odor, no industrial waste discharged Page 96 1 CHAIRMAN NEUER: Thank so you much. Mr. 2 Scott? 3 BOARD MEMBER SCOTT: Yes, can you hear me? 4 CHAIRMAN NEUER: Now we can. 5 BOARD MEMBER SCOTT: Great. All right. 6 This is as much for the Chair as for the witness. I 7 don't understand why we don't have an Environmental 8 Impact Statement as opposed to an information piece. 9 And that is a requirement, the impact statement is a 10 requirement. What I've heard from Ms. Noreen is a lot 11 of her opinion, but I prefer studies. And that is a 12 part of what is supposed to be presented and how 13 exactly do you get a variance from presenting the 14 documentation that you are required to present? 15 MR. PORTER: Mr. Chairman, I believe for 16 the record just to clarify that an Environmental Impact 17 Statement memorandum was provided that was in 18 accordance with the requirements of the Ordinance which 19 state that in connection with the application the 20 applicant shall meet with the Planner to discuss the 21