9 19 24 West Orange BOA ZB 24 06 PSEG Condensed

cbd6abed-8cda-4dba-9ebd-560688bcfcb2 20 (Pages 77 to 80) Page 77 1 CHAIRMAN NEUER: Well, it's not just 2 information. You consulted with the planner as I 3 instructed, and you and he or somebody from your office 4 and Mr. Williams' office? 5 THE WITNESS: No, it was me. 6 CHAIRMAN NEUER: And Mr. Williams wasn't 7 present, I think it was Mr. DeLine, agreed on the 8 contents of an Environmental Impact Statement, which is 9 what was submitted to us from your office. 10 THE WITNESS: From me. 11 CHAIRMAN NEUER: Okay. And that's the 12 document dated August 29, 2024. So we consider that to 13 be an Environmental Impact Statement; correct Mr. 14 Wells? 15 MR. WILLIAMS: That is correct, Mr. 16 Chairman. 17 CHAIRMAN NEUER: 18 THE WITNESS: If you'll excuse me for a 19 moment. I have to stand up so the lights in the office 20 go back on. We also are asking for some waiver items. 21 We are asking for a waiver from item number 12, that is 22 regarding standard sheet size. We gave you slightly 23 larger engineering drawings because we understand that 24 this is a complicated project with a lot of details. 25 For item number 31 you wished for contours Page 79 1 THE WITNESS: Now to the meat of my 2 testimony. We are asking for three major variances. 3 First, we're asking for a D-2 Variance. This is a use 4 variance for an expansion of a pre-existing legal 5 nonconforming use. We're asking this in accordance 6 with N.J.S.A. 40:55D-70(d)(2). That is because public 7 utilities are not permitted by right or conditional use 8 in the OR Zone. Therefore, we are requesting relief 9 for expansion of public utility use. 10 The second variance we're asking for is a 11 D-6 Variance. This is a height variance for height of 12 lightning mast of 70 feet high when 35 feet is 13 permitted. This was already explained by Michael Blake 14 and John Copa as to what was needed for lightning mast. 15 I should also explain that we do have 16 various other equipment such as bus supports and 17 lightning finials that are over 35 feet, therefore, we 18 need a variance. We're proposing six new lightning 19 masts at 70 feet and therefore I need a height variance 20 because the principal structure exceeds the maximum 21 permitted height in the district by more than 10 feet 22 or 10 percent. However, it should be noted by this 23 Board that PSE&G has repeatedly come back every time we 24 are doing station

e maximum 21 permitted height in the district by more than 10 feet 22 or 10 percent. However, it should be noted by this 23 Board that PSE&G has repeatedly come back every time we 24 are doing station improvements. I was able to find 25 records going back to 1988, these are digital records, Page 78 1 200 feet beyond the property. It should be recognized 2 that we do border two roadways. 3 For Item number 46 we asked for a waiver 4 for not providing solid waste management. That is 5 because the 26kV yard is not manned. Technicians take 6 trash with them and go back to our electric division 7 headquarters. We also asked for a waiver regarding 8 vehicular and pedestrian circulation patterns. That is 9 because we are not changing our patterns and the public 10 is not permitted inside. This is solely for PSE&G 11 employees and contractors. 12 And finally, the last item was item was 13 Item number 50 for a parking plan. Again, that is 14 because the station is unmanned and we already have 15 sufficient parking on-site. 16 CHAIRMAN NEUER: Mr. Hess, based on the 17 testimony what is your position with respect to the 18 waiver request set forth in B-2 of your report? 19 MR. HESS: I have no objection to the 20 request. 21 CHAIRMAN NEUER: Then let the record 22 reflect that the waivers are granted. 23 THE WITNESS: Thank you. I'm sorry to take 24 the time to go through it but it is necessary. 25 CHAIRMAN NEUER: Please continue. Page 80 1 that we have been before this Board many times. And 2 every time it is for expansion of a nonconforming use, 3 the public utility. Also, for a structure taller than 4 35 feet. And we've often come before this Board for 5 fence height variances and setback requirements. 6 I should mention that in terms of height we 7 do have 14 existing 70-foot high lightning mast. We 8 have an H frame. It's shaped like an H, hence why we 9 call it an H frame. And that's 73.5 feet. And we have 10 a radio microwave tower that is 188 feet. That was 11 installed to support our 862 megahertz system which is 12 what we used to contact our crews via radio. I 13 personally was part of that application and was as a 14 young planner without a license at the hearing for that 15 in 1992. 16 So now I'll go through some of the bulk 17 variances -- 18 CHAIRMAN NEUER: Oh, you have to stand up 19 again because you're frozen. Maybe I won't pay my 20 PSE&G bill this

ring for that 15 in 1992. 16 So now I'll go through some of the bulk 17 variances -- 18 CHAIRMAN NEUER: Oh, you have to stand up 19 again because you're frozen. Maybe I won't pay my 20 PSE&G bill this month. I'll get their attention. I 21 think it was only 120 last month. 22 MR. PORTER: Noreen, you are frozen again, 23 until just now. 24 THE WITNESS: I know. I have to keep 25 plugging in the connection.