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Supporting Documentation · Oct 17, 2024

9 19 24 West Orange BOA ZB 24 06 PSEG Full size

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Page 121 1 When we have fencing that is protecting the 2 landscaping we can ensure that it is not damaged by the 3 public. You can see that we have a number of trees. 4 These are red bud trees, and we tried to choose 5 sustainable landscaping for the rest of it. 6 Unfortunately, our idea of pulling the fence back did 7 not work out as we expected in this station. I 8 acknowledge this is a city and it is not West Orange. 9 CHAIRMAN NEUER: Ms. Bennett, I'll give you 10 one more question. 11 MS. BENNETT: Okay. Well, I hope that I 12 can just ask this as one question. Hopefully it won't 13 be run-on. 14 So is this the only other -- is this the 15 only other image that depicts a tree? And is it -- my 16 recollection was that there are deciduous trees that 17 are being removed, and there are evergreen trees that 18 are replacing. And I think that you opined that it 19 would not change the -- 20 THE WITNESS: The essential character. 21 MS. BENNETT: Correct. 22 THE WITNESS: My purpose in showing these 23 photos was so that you could see the fence and the 24 pillars. I had chosen them because of the fence and 25 the pillars so you could see the height of the pillars.

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Page 122 1 MS. BENNETT: And is this also with the 2 landscaping. You know, as we can imagine landscaping 3 will be proposed, and I'm just wondering if this is 4 also -- you know. Again, just my question is more 5 about your supposition that deciduous -- old he 6 deciduous trees being replaced by evergreen trees it's 7 your opinion that that will not negatively impact the 8 neighborhood or our experience of that area; is that 9 correct? 10 THE WITNESS: Yes, it is. In fact, I also 11 did a lot of research. 12 CHAIRMAN NEUER: Ms. Merainer, you've 13 answered the question. And I'm sorry, Ms. Bennett, 14 you're out of time. 15 MS. BENNETT: That's fine. Thank you very 16 much. 17 CHAIRMAN NEUER: I appreciate your 18 understanding. Mr. Fagan, any other hands? Ms. 19 Merainer, take your screen down, please. 20 MR. FAGAN: Noreen, can you take your 21 screen share down, please? 22 THE WITNESS: Of course. Please forgive 23 me. 24 MR. FAGAN: Mr. Chairperson, there are no 25 other members of the public at this time with their

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Page 123 1 hand raised. Any member of the public wishing to 2 question the witness please raise your hand at this 3 time. There are no hands raised, Mr. Chairperson. 4 CHAIRMAN NEUER: Thank so you much. Ms. 5 Bennett, do you have one more question since no one is 6 behind you? I'll give you one more. 7 MR. FAGAN: I'll put her back on. 8 CHAIRMAN NEUER: She was just on. I guess 9 she's gone. Okay. Ms. Porter, any redirect? 10 MR. FAGAN: Oh, Micaela Bennett is back. 11 CHAIRMAN NEUER: Okay. Ms. Bennett, I'll 12 give you one more question if you have one quick. 13 MS. BENNETT: I never left. I understand 14 from this witness that she hadn't considered 15 repositioning of the fence. And I just -- is there -- 16 understanding that the public's concern are the trees, 17 is there a way to return to the plan with an attempt to 18 preserve trees? 19 No member of the public is arguing about 20 safety; nor the need for electricity, reliable 21 electricity. 22 CHAIRMAN NEUER: Ms. Bennett, you asked the 23 question and now, again, one more time, Ms. Merainer. 24 Is there any ability to go back in a practical manner 25 to design the whole project?

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Page 124 1 THE WITNESS: I don't believe there is. 2 Part of the concern we have is there is a significant 3 slope on the Mount Prospect side. By pulling the fence 4 in it actually may cause more trees to be removed. 5 Where on the slope do we put that fence? 6 MS. BENNETT: Do you know that or is 7 that -- 8 CHAIRMAN NEUER: Ms. Bennett, I gave you an 9 accommodation. 10 MR. PORTER: This calls for speculation. 11 CHAIRMAN NEUER: Ms. Porter, do you have 12 any -- 13 MS. BENNETT: Thank you. 14 CHAIRMAN NEUER: You're welcome. Ms. 15 Porter, do you have any redirect? 16 BY MR. PORTER: 17 Q. Ms. Merainer, I just have one specific 18 question. You mentioned in terms of -- that in your 19 professional planning opinion that this furthers 20 multiple purposes of the Municipal Land Use Law, as 21 well as specific purposes of the Township of West 22 Orange. 23 So my question is with respect to this 24 particular use and the creation of reliable electric 25 service, in your professional planning opinion do you

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Page 125 1 feel that the proposed design and specific layout is 2 necessary in order to provide safe and reliable 3 electric service? 4 THE WITNESS: I do. 5 MR. PORTER: One further question. In 6 connection with your specific discussions and 7 conservations with the project team, was careful 8 thought and coordination done in connection with the 9 siting, specifically as shown on the site plans that 10 are before this Board? 11 THE WITNESS: Yes. I've been involved in 12 this project for four years. 13 MR. PORTER: Thank you. I have no further 14 questions. 15 CHAIRMAN NEUER: Anything else, Ms. Porter? 16 MR. PORTER: Not at this time. 17 CHAIRMAN NEUER: Okay. Thank you, Ms. 18 Merainer. Ms. Porter, the clock on the wall says it's 19 getting to that time. We're not going to have time for 20 any furthers witnesses. 21 How many more witnesses do you anticipate 22 calling before your case is completed? 23 MR. PORTER: So at this time we do not have 24 any further witnesses. We do have other individuals 25 available to the extent that the Board would like to

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Page 126 1 hear testimony but we have no planned direct testimony 2 from any further witnesses. We have an acoustical 3 consultant, we have other representatives of PSE&G, but 4 we do not have any specific further direct testimony 5 planned. 6 CHAIRMAN NEUER: Okay. Well, it's very 7 tough for us to conjure questions without knowing who's 8 available. So that what I would ask you to do between 9 now and your next hearing is to write to Ms. Chandler a 10 list of the types of disciplines, and if you want the 11 name of the person, who you would make available for 12 questioning by the Board and the public in connection 13 with your application, or you're entitled to rest. 14 We do know that at least Mr. Malanga 15 intends to put on a case with an expert witness. So 16 that -- and I know we don't have a full Board tonight 17 so I doubt that you're going to want to go to a vote, 18 even if we could complete Mr. Malanga. 19 So Ms. Chandler, when do we have a hole in 20 the agenda to continue this application? 21 MS. CHANDLER: Honestly, not until 22 November. 23 CHAIRMAN NEUER: Well, this is September so 24 I can't get you on in October, Ms. Porter. Do you need 25 to check with any witnesses about coming back in

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Page 127 1 November? 2 MR. PORTER: I would like a moment just to 3 confer with our project team. It's my understanding 4 based on what Ms. Chandler just said there's no 5 availability even for the possibility of a special 6 meeting in October? 7 CHAIRMAN NEUER: Well, we didn't get that 8 far yet. And I've only got four members here, counting 9 me. And I can't poll the Board to see whether we would 10 be able to gather a quorum, and you would want a full 11 Board. 12 MR. PORTER: That's correct. And so what I 13 would ask the Board for consideration is I believe we 14 would recommend that we adjourn to the November 15 meeting, and then to the extent possible should the 16 Board caucus separately and determine that a Special 17 Meeting could be held in the interim that the Applicant 18 would be willing to re-notice in order to have that 19 shorter timeframe available for further testimony. 20 CHAIRMAN NEUER: That's exactly what you 21 would have to do if we're going to do it. 22 MR. PORTER: Exactly. 23 CHAIRMAN NEUER: Do you need to confer for 24 November, or do you want to take an adjournment now to 25 November?

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Page 128 1 MR. PORTER: At this time we would take an 2 adjournment to November. 3 CHAIRMAN NEUER: Okay. Members of the 4 public -- 5 MR. FAGAN: Mr. Chairperson, pardon the 6 interruption. We do have a member of the public with 7 their hand raised. I'm unclear if you had closed 8 public comment or not. 9 CHAIRMAN NEUER: Yes, public comment was 10 closed. 11 MR. FAGAN: Okay. So the person with their 12 hand raised will not be heard at this time. 13 CHAIRMAN NEUER: That's correct. Members 14 of the public, this application will not be concluded 15 tonight. We have a meeting scheduled for November 16 21st, 2024. That's a regular meeting. This 17 application is carried to that meeting. 18 I alert you that the Applicant has 19 requested a Special Meeting in October. I will poll 20 the Board between now and next week as to availability 21 of Board members with a willingness and ability to 22 attend such a Special meeting. If there is going to be 23 a meeting prior to November 21st notices will be sent 24 and published and in that case you will come back some 25 time in October. Otherwise make a notation on your

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Page 129 1 calendars to come back on November 21st, 2024 at 8 p.m. 2 using the Zoom platform. 3 Members of the Board who are here, thank 4 you so much for bringing a quorum together. I 5 appreciate all of you for doing that. And Ms. Porter 6 we'll see you on November 21st or sooner. This meeting 7 is adjourned. 8 MR. PORTER: Thank you. 9 BOARD MEMBER SCOTT: Thank you. 10 MR. FAGAN: Good night everyone. 11 (Whereupon, the hearing on this application 12 concludes at 10:55 p.m.) 13 14 15 16 17 18 19 20 21 22 23 24 25

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Page 130 1 C E R T I F I C A T E 2 3 I, IRIS LA ROSA, a Notary Public and 4 Certified Shorthand Reporter of the State of New 5 Jersey, do hereby certify that the foregoing is a true 6 and accurate transcript of the testimony as taken 7 stenographically by and before me at the time, place, 8 and on the date hereinbefore set forth. 9 I DO FURTHER CERTIFY that I am neither a 10 relative nor employee nor attorney nor counsel of any 11 of the parties to this action, and that I am neither a 12 relative nor employee of such attorney or counsel, and 13 That I am not financially interested in the action. 14 15 16 17 _______________________________ 18 IRIS LA ROSA, CSR 19 Certificate No. 30XI 00162800 20 21 22 Dated: ___________________ 23 24 25

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