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

Page 41 1 that the clock runs only while the question is being 2 answered, not during the questioning itself. 3 MR. MALANGA: Good evening, Mr. Chairman. 4 Thank you for that. Members of the Board, good 5 evening. Mr. Flutie (sic), good evening. 6 THE WITNESS: Good evening. 7 MR. MALANGA: Futey, I'm sorry. I'm 8 thinking of the football player. Are you a licensed 9 tree expert? 10 THE WITNESS: No. I'm a licensed landscape 11 architect. 12 MR. MALANGA: Are you a licensed Arborist? 13 THE WITNESS: No. 14 MR. MALANGA: So by virtue of what 15 credential do you opine on the health of trees? 16 THE WITNESS: It is based on our 17 observations of the trees. We work very closely with 18 Arborists. We bring that information back to the 19 project team and there are vegetation experts within 20 PSE&G specifically that evaluate the plan. 21 MR. MALANGA: And you never met any of 22 those experts at this site; is that correct? 23 THE WITNESS: That's correct. 24 MR. MALANGA: Did you prepare a written 25 report as to health of the trees on the site?

Page 42 1 THE WITNESS: We have a letter of the 2 review provided by PSE&G. And I'd also like to note 3 that as a condition of Mr. Kipps's review letter the 4 Township will be involved with the site from here on 5 out. So for example, the trees that are slated to be 6 removed they'll be tagged in the field. Mr. Kipp's 7 office will review and inspect that tag out. He will 8 also be involved during the removal activities 9 themselves and he will be inspecting the tree 10 protection. So the Township will have representation 11 on-site moving forward. 12 MR. MALANGA: Is there any place on the 13 tree removal plan that you signed that indicates the 14 health of the trees that are set forth? 15 THE WITNESS: Yeah. We have a hatch over 16 the trees that were deemed to be in poor health and 17 were designated separately. 18 MR. MALANGA: So all the trees that do not 19 have hatching over their numbered circles are in good 20 health? 21 THE WITNESS: Yes. They're considered to 22 be viable. 23 MR. MALANGA: All right. So let's talk 24 about number 4084, a London Plane Tree, 30-inch 25 diameter. Is that tree in good health?

Page 43 1 THE WITNESS: Forty-eighty-four. According 2 to our records, yes, that is a viable free. 3 MR. MALANGA: What is the age of that tree? 4 THE WITNESS: I don't have an exact age, 5 but I would estimate all the trees in that area that's 6 in the 40- to 50-year area. 7 MR. MALANGA: Forty to fifty years. Have 8 you ever heard of a tree growth factor? 9 THE WITNESS: Tree growth factor? I have. 10 MR. MALANGA: So to your knowledge, not 11 without looking up anything on the Internet. 12 THE WITNESS: No. I'm not looking up 13 anything. 14 MR. MALANGA: Do you know what a tree 15 growth factor is? 16 THE WITNESS: I believe it's just the rate 17 of its growth for the tree is my understanding. 18 MR. MALANGA: Are you aware that there is a 19 numerical value that is placed on various species of 20 trees as their growth factor? 21 THE WITNESS: I haven't used such a 22 numerical factor. 23 MR. MALANGA: I'm sorry. Say that again, 24 sir? 25 THE WITNESS: I have not used such a

Page 44 1 numerical factor, no. 2 MR. MALANGA: So if I were to tell you that 3 the tree growth factor for an Oak Tree, for example, is 4 four, and that one multiplies four by the diameter in 5 inches to obtain the age, would that surprise you? 6 THE WITNESS: I can see that being 7 plausible. 8 MS. PARLAVECCHIO: Respectfully, Mr. 9 Chairman, I'm a little bit unclear as to what the 10 relevance of this discussion is. Mr. Futey has 11 indicated the approximate age of the trees based on his 12 knowledge. Mr. Malanga is not a landscape architect. 13 He's not a licensed arborist. I'm just a little 14 unclear of what the relevance of this discussion is. 15 CHAIRMAN NEUER: Mr. Malanga, please turn 16 your video back on. 17 MR. MALANGA: Oh, I'm sorry. 18 CHAIRMAN NEUER: You accidentally 19 disconnected it. 20 MR. MALANGA: That keeps happening. I'm 21 sorry. 22 CHAIRMAN NEUER: That's all right. Ms. 23 Parlavecchio, I'll give him a little bit of leeway. 24 You've presented Mr. Futey as an expert, and he did 25 offer some testimony regarding heights and ages of

Page 45 1 trees. I will let it go a little further. 2 MR. MALANGA: So if I were to tell you that 3 the tree growth factor for a London Plane Tree is four, 4 and that one multiplies that number by the diameter in 5 inches to obtain tree number 4084 and age of 120 years, 6 would that surprise you? 7 THE WITNESS: Well, there's more to it than 8 that. I mean, it's probably a good rule of thumb, but 9 obviously there are a number of factors that would go 10 into the growth rate, the size of the tree over time, 11 drought, soil conditions, et cetera. So that might be 12 a good rule of thumb, but I don't think it's absolute. 13 MR. MALANGA: But you're not using that 14 rule of thumb. You're saying that all the trees on 15 this site are 40- to 50-years old? 16 THE WITNESS: I'm saying the majority of it 17 based on the sizes that we're seeing. And I said 18 that's specifically for the area around Prospect 19 Avenue. 20 MR. MALANGA: All right. Mr. Futey, for 21 London Plane Tree number 4135, 46-inch diameter. 22 THE WITNESS: Yes. 23 MR. MALANGA: You're saying the age of this 24 tree is 40 to 50 years? 25 THE WITNESS: No, that's likely longer.

Page 46 1 That's one of the larger trees on the site. 2 MR. MALANGA: All right. And that's 3 scheduled to be cut down, isn't it? 4 THE WITNESS: It is due to underground 5 utility work. 6 MR. MALANGA: And what is the age of that 7 tree since it's older than 40 to 50 years, what would 8 you estimate that tree to be? 9 THE WITNESS: That could be upwards of 100 10 years, maybe when the station was first constructed 11 here, that was possible. 12 MR. MALANGA: How about London Plane Tree 13 number 4203, 58 inches in diameter. What would you 14 estimate the age of that one to be? 15 THE WITNESS: That's probably in that same 16 range, 80 to a hundred years. 17 MR. MALANGA: So if we're again reverting 18 to the tree growth factor of four times 58 inches, what 19 do we get as an age for that tree, sir? 20 THE WITNESS: It will be -- I don't have my 21 calculator in front of me, but yeah -- 22 MR. MALANGA: It's over 220 years old, 23 right, close to 250 years old? 24 MS. PARLAVECCHIO: Mr. Chairman -- 25 CHAIRMAN NEUER: Mr. Malanga, you're going

Page 47 1 a little far afield. First of all, we don't have any 2 information on what you've described as a tree growth 3 factor. You're not an expert. You're asking questions 4 but you've gone a little far afield. The witness has 5 already testified with regard to his belief as to the 6 age of the trees based upon the type of tree and the 7 height. So please let's move on to something else. 8 MR. MALANGA: Yes, Mr. Chairman, I will do 9 so. 10 CHAIRMAN NEUER: Thank you. 11 MR. MALANGA: Mr. Futey, there was a 12 question by Mr. Scott with regard to a Norway Spruce 13 along Prospect Avenue. And that as a 40-inch diameter 14 Norway Spruce. And that was on your plan, your plan 15 dated May of this year and that was scheduled to be cut 16 down; is that right? 17 THE WITNESS: Do you have a number for that 18 one, a tag number? 19 MR. MALANGA: Let me find a number for you, 20 sir. 21 CHAIRMAN NEUER: Mr. Fahey, you can take 22 the clock down now. 23 MR. MALANGA: Number 4251. 24 THE WITNESS: Trying to locate that on the 25 plan. Yes, I see that one, yes. Actually, 4251 is

Page 48 1 slated to stay. 2 MR. MALANGA: Okay. Well, that's on -- and 3 what is the date of the plan that you are looking at 4 that indicates that tree is scheduled to stay? 5 THE WITNESS: That would be the most 6 current one as part of the application that was 7 submitted for this hearing. 8 MR. MALANGA: Because I'm looking at your 9 plan dated May 9th, 2024 -- 10 CHAIRMAN NEUER: Mr. Malanga, let him 11 answer your question. 12 MR. MALANGA: Yes, sir. 13 CHAIRMAN NEUER: What is the date of the 14 plan he's using? 15 THE WITNESS: The revised date on it is 16 8/11/2024. 17 MR. MALANGA: So what is the reason for the 18 change in the plan for that tree between the time of 19 your plan dated May 9th, 2024, to the most recent plan 20 that was submitted? 21 THE WITNESS: We considered -- again, the 22 first round we were very, very conservative about what 23 would come out. We did go back and look at it and its 24 proximity to the fence. The other trees that are along 25 that fence line we believe we can put enough tree

Page 49 1 protection around there that we will be able to 2 maintain it. 3 MR. MALANGA: All right. So if that is the 4 case that you believe -- and the location of this tree 5 it is right next to the fence? Is it fair to say it is 6 touching the fence? 7 THE WITNESS: I don't know that it's 8 touching the fence, necessarily, but yes, it is in 9 close proximity. 10 MR. MALANGA: The logic that allowed that 11 tree to receive a reprieve from being cut down would 12 that not also hold for the other trees along Prospect 13 Avenue that are being cut down for the fence? 14 THE WITNESS: Well, those are primarily 15 being kept as of this new plan. 16 MR. MALANGA: How about tree number 4136? 17 THE WITNESS: I'm looking for it on the 18 plan right now. 19 MR. MALANGA: It's right near the 20 intersection of Prospect Avenue and Mount Pleasant 21 Avenue. 22 THE WITNESS: Yes, I do see it. Yes, that 23 is slated for removal. 24 MR. MALANGA: How about tree number 4159? 25 THE WITNESS: Fifty-nine?

Page 50 1 Forty-one-fifty-nine is also slated for removal. We 2 have the fence there. We also have an underground 3 utility that's going to be going in that location. 4 MR. MALANGA: Forty-one-sixty? 5 THE WITNESS: Forty-one-sixty is in poor 6 health. 7 MR. MALANGA: How do you know that? 8 THE WITNESS: That's based on observations 9 on the field. 10 MR. MALANGA: Is that located on the plan? 11 THE WITNESS: Yes. There's a hatch on that 12 one. 13 MR. MALANGA: Well, I'm looking at a plan, 14 it's not hatched. 15 THE WITNESS: Am I looking at the wrong 16 one? You said 4159, correct? 17 MR. MALANGA: Forty-one-fifty-nine and 18 4160. 19 THE WITNESS: And 4160 -- yes, 4159 is 20 being demolished. Yes, 4160 does have a hatch. 21 MR. MALANGA: Well, not the version I have. 22 CHAIRMAN NEUER: Mr. Malanga, 23 unfortunately, and I'm very surprised, you're using the 24 earlier plan. You need to refer to the August plan, 25 which is the plan that's before the Board now.