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

Page 31 1 would say on the Prospect Avenue side of the site we're 2 talking about that 40- to 50 years. It looks like 3 based on historical aerials this was likely left to go 4 fallow at that point in time. 5 The trees that get down here we do have 6 some larger diameter trees I'm aware of. I know this 7 one is a Little Leaf Linden. I know that's a larger 8 diameter tree. It's within the electrified footprint 9 of the station. 10 I do know that there's a tree -- I believe 11 there's a London Plane right here I believe is the one. 12 Also, of a pretty substantial diameter it's also in the 13 electrified part of the station based on the proposed 14 plan, and I am aware of -- like that London Plane Tree 15 actually that I pointed out that's a fairly sizable 16 tree as well. 17 BOARD MEMBER SCOTT: Okay. If we can stay 18 on the map, I just have two more of these. 19 CHAIRMAN NEUER: Mr. Scott, louder, please. 20 BOARD MEMBER SCOTT: Yes. Thank you, Mr. 21 Neuer. I have two more of these. Can you identify the 22 Horse Chestnut Tree? 23 THE WITNESS: The Horse Chestnut Tree? I 24 need a number. 25 BOARD MEMBER SCOTT: Horse Chestnut Trees.

Page 32 1 Pardon me. 2 THE WITNESS: Same thing. They're 3 identified on the schedule. 4 BOARD MEMBER SCOTT: Yes, but can you 5 identify them on this map for us as to where they are? 6 THE WITNESS: I believe there's a grouping 7 down by this fire retention basin. 8 BOARD MEMBER SCOTT: And what about the 9 Norway Spruce along Prospect Avenue? 10 THE WITNESS: Norway Spruce I believe are 11 along the fence line. 12 BOARD MEMBER SCOTT: And why are 13 specifically the Horse Chestnut and the Norway Spruce 14 being slated to be cut down? 15 THE WITNESS: It would be due to the 16 improvements. Anything as I mentioned around the 17 bioretention basin, the installation of that and the 18 grading required to place that, that would cause the 19 removal because it would be detrimental to the root 20 zone. And anything up here it would either be fence 21 and pillar related, or really health related only at 22 this point. A lot of the ones that had issues have 23 already been removed. 24 BOARD MEMBER SCOTT: You're saying 25 specifically the Norway Spruce that would be cut down

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 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 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 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 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.

Page 37 1 Finally, is the deterioration a result of 2 PSE&G not properly maintaining -- nope, that goes back 3 to the fence again. My apologies. 4 Thank you Mr. Futey. You have answered my 5 questions. 6 THE WITNESS: Thank you. 7 CHAIRMAN NEUER: Mr. Futey, could you take 8 down your screen share for the moment? 9 THE WITNESS: Of course. 10 CHAIRMAN NEUER: In case someone else might 11 want to see it. 12 Mr. Sussman, questions for the witness 13 based on his testimony? 14 BOARD MEMBER SUSSMAN: No questions for 15 this witness, Mr. Chairman. 16 CHAIRMAN NEUER: Thank you very much. 17 Before I go to our professionals, Mr. Futey, are you 18 familiar with a company called Dutchman Industries? 19 THE WITNESS: I am not. 20 CHAIRMAN NEUER: Are you familiar with 21 companies that manufacture equipment which can be used 22 to relocate trees from one place to another? 23 THE WITNESS: Not specifically. 24 CHAIRMAN NEUER: So in your experience you 25 haven't instead of cutting down a tree, relocated it?

Page 38 1 THE WITNESS: Typically no. 2 CHAIRMAN NEUER: Do you know whether or not 3 public service has purchased equipment that would 4 enable it to relocate trees rather than removing them? 5 THE WITNESS: I'm not aware of that. 6 CHAIRMAN NEUER: So they didn't make you 7 familiar with any of that? 8 THE WITNESS: No. 9 CHAIRMAN NEUER: Mr. Williams, questions 10 for the witness based on his testimony? 11 MR. WILLIAMS: Thank you, Mr. Chairman. 12 Good evening and welcome back Mr. Futey. Just a point 13 of clarification, and I brought this up during the 14 prior hearing. There are, I believe, two non-municipal 15 standards to which PSE&G must comply. I've heard you 16 mention ANSI but I don't remember whether that was 17 Federal or state, and I didn't hear the second one. 18 THE WITNESS: ANSI is a national standard 19 that really -- those standard are actually, they allow 20 PSE&G to be compliant with the Federal and state 21 regulations. 22 The Federal one that I'm aware of, that is 23 -- the acronym is NERC, N-E-R-C. That is the North 24 American Electric Reliability Corporation. And then 25 the other one is New Jersey Board of Public Utilities.

Page 39 1 CHAIRMAN NEUER: Just for the record for 2 our Reporter, ANSI is A-N-S-I, all capitals, no 3 periods, no spaces. Please continue, Mr. Williams. 4 MR. WILLIAMS: That was it. Thank you, Mr. 5 Chairman. Thank you, Mr. Futey. 6 CHAIRMAN NEUER: You're welcome. Mr. Hess? 7 MR. HESS: Thank you, Mr. Chairman. Mr. 8 Futey, just one question. I just want to confirm that 9 all the vegetation, trees, shrubs, whatever that's 10 being planted are native species to the area which is a 11 requirement in the Ordinance? 12 THE WITNESS: They're not all native. They 13 are commercially available. They are perfectly viable 14 for the site. And we do also have confirmation from 15 Mr. Kipp in his review letter that the species were 16 acceptable. 17 MR. HESS: Okay. Thank you very much. 18 CHAIRMAN NEUER: For the record, Mr. Futey, 19 then is your testimony, and based upon the letter we 20 received from Mr. Kipp, that the Township Forester has 21 agreed that your plan complies with the new Tree 22 Ordinance? 23 THE WITNESS: Correct. 24 CHAIRMAN NEUER: Okay. Now's the time to 25 open it up to questioning for members of the public.

Page 40 1 Members of the public, this is your opportunity to ask 2 questions. You will have the opportunity to make 3 statements, present testimony and witnesses at a later 4 point in these hearings, but for this period of time 5 you're permitted to ask questions based upon the 6 testimony. 7 If you wish to be recognized by our 8 moderator kindly raise your hand so that you may 9 present your questions. 10 MR. FAGAN: Mr. Chairperson, before I go 11 Mr. Malanga has his hand raised. 12 CHAIRMAN NEUER: Let's bring Mr. Malanga 13 up. There you are. Mr. Malanga, just as a reminder, I 14 allowed you into the panel based upon the history you 15 have before the Board where you pay a great deal of 16 respect to our rules and regulations and you are 17 usually well prepared to ask questions in an orderly 18 fashion. And although I personally have granted you 19 more than three-minute based upon my reading of the 20 last hearing when you and Mr. Schwarzbaum went back and 21 forth a little bit, I will continue to afford you that 22 right. But it's not an unlimited right. You can't 23 filibuster. We'll start with three minutes and see how 24 well you do. 25 Again, let me simply remind our moderator