9 19 24 West Orange BOA ZB 24 06 PSEG Condensed

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?