9 19 24 West Orange BOA ZB 24 06 PSEG Condensed

cbd6abed-8cda-4dba-9ebd-560688bcfcb2 3 (Pages 9 to 12) Page 9 1 time to do it because we're not going to finish 2 tonight. So I would recommend that if you have any 3 questions, concerns regarding the fence you take a look 4 at it. It's painless. Ms. Parlavecchio, please 5 continue. 6 MS. PARLAVECCHIO: Sure. So I have nothing 7 further as part of my opening. I understand Mr. 8 Dannemiller has no questions for Mr. Futey but 9 obviously other Board members have the opportunity to 10 questions. 11 CHAIRMAN NEUER: Mr. Scott was about to 12 start. Mr. Scott the floor is yours. 13 BOARD MEMBER SCOTT: Thank you. Let me say 14 that I have visited the site two weeks ago, or maybe 15 even three weeks ago when this matter first came to us, 16 walked around the facility, looked at the trees -- 17 CHAIRMAN NEUER: Mr. Scott, could I ask you 18 to increase your volume just a bit, please? 19 BOARD MEMBER SCOTT: Speak up? How's that? 20 CHAIRMAN NEUER: That's better. 21 BOARD MEMBER SCOTT: Okay. That's probably 22 what's going on. What I said was I want to put it on 23 the record that I also visited the site several weeks 24 ago when this matter first came to the Board to look it 25 over and to walk around, glean whatever information and Page 11 1 THE WITNESS: Well, yes. We are in 2 accordance with the Ordinance in terms of our tree 3 protection, as has been verified by Mr. Kipp, the town 4 Forester. And the limit of disturbance is really held 5 to the new construction improvements. Trees are only 6 removed within that disturbance. 7 BOARD MEMBER SCOTT: Thank you. Can you 8 tell us how many years will it take for trees that you 9 intend to plant to reach the height and breast of the 10 canopy that exists presently? 11 THE WITNESS: Probably 40 to 50 years to 12 reach maturity. That's a pretty standard growth rate. 13 BOARD MEMBER SCOTT: Forty to 50 years? 14 THE WITNESS: Yes, correct. We're talking 15 about heights as they are now probably in the 50- to 16 60-foot range. 17 Q. Yes, okay. There's a provision on page 18 eight of the June 2024 Tree Ordinance under prohibition 19 Items number 12, no person shall remove trees if it 20 would constitute a significant change in the screening 21 between existing or proposed structures on rows and/or 22 adjacent to lots. 23 CHAIRMAN NEUER: I'm sorry. Which 24 paragraph are you reading from, Mr. Scott? 25 BOARD MEMBER SCOTT: That is the

ning 21 between existing or proposed structures on rows and/or 22 adjacent to lots. 23 CHAIRMAN NEUER: I'm sorry. Which 24 paragraph are you reading from, Mr. Scott? 25 BOARD MEMBER SCOTT: That is the June 2024 Page 10 1 understanding I could from it. 2 Okay. Mr. Futey, was preserving trees 3 considered in the planning process for this site? 4 THE WITNESS: It was, in relation to the 5 construction, the proposed construction, and the impact 6 that they would have on the existing vegetation. 7 BOARD MEMBER SCOTT: What type of impact? 8 Could you be a little bit specific about that? 9 THE WITNESS: Well, in terms of, for 10 example, we have the bioretention basins going in, the 11 footprint of those, and also the grading that would be 12 required to fit those on-site. 13 BOARD MEMBER SCOTT: An did you find that 14 any of the existing trees would interfere with that? 15 THE WITNESS: Yes. And that's reflected on 16 the tree removal plan. 17 BOARD MEMBER SCOTT: Thank you. Are you 18 aware that the West Orange Tree Ordinance in its 19 findings and purpose states that a 2023 study was 20 commissioned by the Township of West Orange and found 21 that the tree canopy was dramatically declining? 22 THE WITNESS: I did see that. 23 BOARD MEMBER SCOTT: You did see that? And 24 did that have any effect on your preparation to save 25 trees or protect trees in your plan? Page 12 1 Tree Ordinance under prohibition Item number 12. 2 CHAIRMAN NEUER: Thank you. 3 BOARD MEMBER SCOTT: Can you address at 4 that, Mr. Futey? 5 THE WITNESS: Well, as I mentioned, the 6 tree removal that we do have is really in direct 7 relation to the proposed work to facilitate the 8 improvements to the yard. 9 BOARD MEMBER SCOTT: As you know, a number 10 of West Orange residents have objected to a lot of the 11 tree removal. Do you find that they presented 12 evidence, their testimony, and I believe others will 13 this evening. Are you saying that all of those are not 14 relevant or that they just don't matter? 15 THE WITNESS: I'm not saying that they 16 don't matter, but I am saying that we are in compliance 17 with the new Tree Ordinance that was adopted in June of 18 this year. And that was after we were in compliance 19 with the original tree ordinance at the time of our 20 application. 21 I would also point out within the ordinance 22 that there is an exemption under that section. It's 23 actually

e in compliance 19 with the original tree ordinance at the time of our 20 application. 21 I would also point out within the ordinance 22 that there is an exemption under that section. It's 23 actually Section "D" regarding public utilities and the 24 need for permits, but we're going through the 25 permitting process. We do have a review from Walt