9 19 24 West Orange BOA ZB 24 06 PSEG Condensed

cbd6abed-8cda-4dba-9ebd-560688bcfcb2 9 (Pages 33 to 36) Page 33 1 to accommodate the fence, the new fence? 2 THE WITNESS: Yes. It depends on the 3 number, you know, which tag, which designation we were 4 talking about. 5 BOARD MEMBER SCOTT: Are you familiar with 6 the New Jersey Big Tree List? 7 THE WITNESS: I am. 8 BOARD MEMBER SCOTT: So were the Norway 9 Spruce and the Chestnut, would they qualify as heritage 10 trees? 11 THE WITNESS: I don't believe they have the 12 EBH that was commensurate with that. 13 BOARD MEMBER SCOTT: You don't think so but 14 you're not certain? 15 THE WITNESS: We did take a look at that 16 and they were not from my knowledge a part of -- it's 17 commensurate trees that were on the list. 18 BOARD MEMBER SCOTT: Mr. Futey did -- I'll 19 speak up here. I'm sorry. Mr. Futey, did you have any 20 discussions with Mr. Blake, the engineer, about 21 preserving trees at the locations of the stormwater 22 detention basins? 23 THE WITNESS: Well, we received input from 24 Mr. Blake, Burns and McDonnell, regarding the nature of 25 the improvement, grading required to place those Page 35 1 provisions of our Ordinance. 2 BOARD MEMBER SCOTT: Thank you. I'll come 3 back to that one. 4 Mr. Futey, have you ever designed a 5 landscape project where underground stormwater 6 detention tanks were utilized? 7 THE WITNESS: Detention tanks? 8 BOARD MEMBER SCOTT: Yes. 9 THE WITNESS: I have but they've generally 10 been in parking lots. 11 BOARD MEMBER SCOTT: Not at substations? 12 THE WITNESS: No. Not in the projects I've 13 been involved in. 14 BOARD MEMBER SCOTT: Did you ever ask Mr. 15 Blake if it were possible to build underground 16 stormwater detention tanks to enable preserving the 17 trees on the site? 18 THE WITNESS: I did not. 19 BOARD MEMBER SCOTT: Is that commensurate 20 with trying to design a project to save as many trees 21 as possible? 22 THE WITNESS: Well, that again gets into 23 more technical engineering issues with the site in 24 terms of the area that's required by other regulations. 25 So again, the improvements proposed by Burns and Page 34 1 improvements, and that's what this plan is based off 2 of. 3 BOARD MEMBER SCOTT: I'm sorry. So you had 4 discussions and with regards to preserving trees what 5 did you come up with? 6 THE WITNESS: Well, that's again reflected 7 in the tree removal plan. We kept it as tight as we 8 thought was

you had 4 discussions and with regards to preserving trees what 5 did you come up with? 6 THE WITNESS: Well, that's again reflected 7 in the tree removal plan. We kept it as tight as we 8 thought was realistic for the successful planting in 9 keeping -- in time that we keep the existing trees that 10 are remaining and that they will have a long life-span, 11 and also for the proposed trees as well. You know, 12 that's the goal here to have a successful landscape 13 over time. 14 BOARD MEMBER SCOTT: Was it ever considered 15 to put the detention basins elsewhere? I know that you 16 testified already -- or actually the attorney testified 17 that you were in compliance with state law but that you 18 could get a variance from this Board. Was that ever 19 considered to ask for a variance from the Board? 20 Because where you're locating the detention basins does 21 require the taking down of some pretty large trees? 22 THE WITNESS: That's really outside -- 23 CHAIRMAN NEUER: Mr. Scott, the Board does 24 not have the power to grant a variance from a state law 25 or requirement. We can only grant variances from the Page 36 1 McDonnell they provide it to us, we'll have a dialogue 2 back and forth about what trees would be impacted, but 3 those bioretention basins were part of that stormwater 4 design. 5 BOARD MEMBER SCOTT: So it was just never a 6 discussion with you and Mr. Blake that detention tanks 7 could be utilized for this project? 8 THE WITNESS: Not specifically, no. 9 BOARD MEMBER SCOTT: But that would save 10 more trees if it were? 11 THE WITNESS: That really depends on 12 placement. I don't know how that would work. I don't 13 have the engineering on that. 14 BOARD MEMBER SCOTT: To your knowledge is 15 there any state or ordinance that requires an 8-foot 16 tall fence around this facility or facilities like it? 17 THE WITNESS: Well, again, the fence is not 18 in my scope for this project. My understanding of the 19 reasoning is more security based. 20 BOARD MEMBER SCOTT: I understand. Thank 21 you for that, Mr. Futey. Okay. You say you didn't 22 visit the site so I can't ask you that question. Okay. 23 Are there any sections of the wrought iron 24 -- apologies. I'm coming back to the fence and that's 25 not you. My apologies.