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

Page 51 1 MR. MALANGA: Understood, Mr. Chairman. 2 CHAIRMAN NEUER: And that's attached to the 3 agenda, and it was available since August 12th. 4 MR. MALANGA: That's funny. I took this 5 off the website subsequent to August 12th. 6 MS. PARLAVECCHIO: Respectfully, Mr. 7 Chairman, we've indicated he can look at that plan. If 8 he's referring to the wrong plan, as you just 9 indicated, there's a link to it on the agenda. This 10 plan has been submitted for a significant amount of 11 time now. This plan is made available to the public. 12 CHAIRMAN NEUER: We've had that discussion 13 with Mr. Malanga. If you're not going to be using the 14 more current plan, Mr. Malanga, please go on to a 15 different line of questioning. You're well past the 16 three minutes and I need you to be more focused. 17 MR. MALANGA: All right. Let's talk about 18 -- let's see, tree 4204 and 4203. Those are the two 19 London Plane Trees that we mentioned previously. 20 THE WITNESS: Yes. 21 MR. MALANGA: Did you or anyone from your 22 organization have any conservations with respect to 23 attempting to preserve these trees that are 44 inches 24 and 58 inches respectively? 25 THE WITNESS: We did not. Those are within

Page 52 1 the electrified perimeter that we're talking about with 2 the nature of the improvements. So again, referring to 3 the ANSI standard that I had mentioned, referring to 4 Federal and state regulations for vegetation management 5 near the electrified equipment those were cited to be 6 removed accordingly. 7 MR. MALANGA: I have no other questions. 8 Thank you, Mr. Futey. 9 THE WITNESS: Thank you. 10 CHAIRMAN NEUER: Thank you, Mr. Malanga. 11 Mr. Fagan, hands up? 12 MR. FAGAN: Yes, Mr. Chairperson. A parent 13 of Robeson Bennett, welcome to the meeting. Please 14 state your name and address for the record. 15 MS. BENNETT: I'm so sorry. I don't know 16 why I didn't change the Zoom name, but my name is 17 Micaela Bennett and I live at Old Indian Road. 18 CHAIRMAN NEUER: The exact address, please. 19 MS. BENNETT: Oh, I'm sorry. 35 Old Indian 20 Road. 21 CHAIRMAN NEUER: Thank you. 22 MS. BENNETT: So Mr. Chairman, I only have 23 a couple of questions for Mr. Futey. 24 CHAIRMAN NEUER: That's wonderful to hear. 25 MS. BENNETT: Mr. Futey, is it customary in

Page 53 1 your practice to not visit the site that you're going 2 to render expert testimony about? 3 THE WITNESS: It is. Like I said, members 4 of my team have been out to the site. So I've been 5 responsible for the plan, overseeing the plan, and 6 responsible for it moving forward as well. 7 MS. BENNETT: Have you seen photographs of 8 the site? 9 THE WITNESS: Yes. 10 MS. BENNETT: And specifically the trees in 11 question? 12 THE WITNESS: Yes, I reviewed those. 13 MS. BENNETT: So your estimates of age of 14 trees is related to photographs and conferring with -- 15 THE WITNESS: And reports. 16 MS. BENNETT: -- conferring with members of 17 your team? 18 THE WITNESS: Correct. 19 MS. BENNETT: Okay. Thank you. In your 20 opinion would you benefit from -- in your opinion would 21 you benefit from an actual review of the site yourself? 22 THE WITNESS: I don't believe it is 23 necessary. Like I said, team members have been out 24 there. I actually have confirmation they've been out 25 there three times in three different season. Again,

Page 54 1 based on their input, their reports, and the 2 photographs I have a very good handle, I believe, on 3 the site. 4 MS. BENNETT: Thank you. So I'm not 5 familiar with your area of expertise so I apologize if 6 my questions are not as well stated but -- so a 7 landscape architect, are you responsible personally for 8 the design of the plan of the landscaping at this 9 location? 10 THE WITNESS: Yes. The proposed plan and 11 really specifically in providing a plan that is in 12 conformance with the Township Ordinance, which we have 13 done here. 14 MS. BENNETT: Is it -- does your profession 15 also require you to exceed what an ordinance requires 16 if it's a safer plan or a better plan based on what 17 your profession requires? 18 THE WITNESS: Well, we're always beholden 19 to -- as a licensed professional beholden to provide a 20 safe plan without a doubt. And also specifically meet 21 the requirements of the ordinance. 22 MS. BENNETT: But just a slightly different 23 question, and I'll ask it directly related to this 24 plan. So in your profession does your profession have 25 a heightened requirement to preserve trees in the event

Page 55 1 that you could design the landscape in a way to 2 preserve trees? 3 THE WITNESS: I wouldn't say it was a 4 heightened requirement; it is a requirement. And as I 5 mentioned, this site in particular we have a number of 6 requirements. We have Federal authorities that have 7 jurisdiction over the site. Federal, state authorities 8 that have jurisdiction over the site, as well as the 9 municipal jurisdiction in the form of the ordinance 10 which we are meeting. 11 And preserving trees is absolutely a part 12 of that, so are the needs of the project itself. So 13 it's trying to find a balance as best as possible and 14 meet the requirements of the town. 15 MS. BENNETT: Understood. Did you confer 16 with the PSE&G Forester? 17 THE WITNESS: Their vegetation management 18 team, they do have foresters -- not foresters but 19 actually arborists on their staff. 20 MS. BENNETT: They also have a forester, 21 correct? 22 THE WITNESS: Forester/Arborist. I don't 23 know that forester is the actual designation, but I 24 know they're arborists. 25 MS. BENNETT: Okay. Only because I've had

Page 56 1 the recent opportunity to meet the PSE&G Forester I 2 know they have a Forester, and I'm surprised that the 3 Forester hasn't -- 4 MS. PARLAVECCHIO: Mr. Chairperson, I'm 5 unclear what the relevance is. Mr. Futey's indicated 6 multiple times that he may have had discussions with 7 the vegetation management at PSE&G. Whether or not he 8 had a specific discussion with what Ms. Bennett refers 9 to as the PSE&G Forester I'm not sure how that has any 10 relevance to this discussion. 11 CHAIRMAN NEUER: It is relevant and I'll 12 allow it. Please continue. 13 MS. BENNETT: Thank you, Mr. Neuer. So in 14 the -- again, I apologize. I'm probably going to 15 inartfully state this, but in the hierarchy of 16 vegetation or tree specialists, is an arborist more 17 expert than a forester? 18 THE WITNESS: I don't know that I can pass 19 judgment on the rankings between them. 20 MS. BENNETT: Okay. So in the event -- so 21 would you confer with an arborist or a forester about 22 the age of a tree? 23 THE WITNESS: Really either. 24 MS. BENNETT: Would there ever be a time 25 where you'd prefer a forester to confer with over an

Page 57 1 arborist? 2 THE WITNESS: I would consider them both. 3 Based on their credentials and experience I'd consider 4 them to be experts. And as I mentioned, as much as the 5 town forester who will be involved on this site 6 intimately moving forward. So I would expect those 7 discussions to continue. 8 MS. BENNETT: Would you want to know from 9 the PSE&G Forester if he felt specific trees on this 10 site should be preserved? 11 THE WITNESS: As I mentioned we work with 12 the vegetation management team to do that. I can't 13 speak directly to a specific forester. There are lots 14 of employees with PSE&G, and I've been speaking with 15 members of that team. 16 MS. BENNETT: As I understand from the 17 PSE&G Forester there's one Forester. 18 THE WITNESS: That's possible. 19 MS. BENNETT: So I -- 20 CHAIRMAN NEUER: Let's go onto something 21 else, please, Ms. Bennett. He's told you who he's 22 spoken with and not and you're coming to the end of 23 your available time, so please move onto something 24 else. 25 MS. BENNETT: Thank you, Mr. Neuer.

Page 58 1 Understood. So I think I just have one additional 2 question, Mr. Futey, and I appreciate your time and the 3 Board's time. 4 In your opinion is there a way to save more 5 trees? 6 THE WITNESS: I don't believe that there 7 are based on the nature of the improvements. We've 8 taken a very conservative look at this, but I don't 9 believe that based on the electrical equipment, like I 10 said, the grading that's required, I think we are -- we 11 have a solid plan. 12 MS. BENNETT: Thank you very much. 13 CHAIRMAN NEUER: Thank you, Ms. Bennett. 14 And Ms. Bennett, for your edification I've made it 15 clear on many occasions as Chairperson of this Board 16 that where an expert does not personally visit the site 17 it has a negative impact on his or her credibility. So 18 don't think that because Mr. Futey has not been to the 19 site it is a free pass. Any other hands up, Mr. Fagan? 20 MR. FAGAN: Yes, Mr. Chairperson. Sally 21 Malanga, welcome to the meeting. Please state your 22 name and address for the record. 23 CHAIRMAN NEUER: Ms. Malanga? 24 MR. FAGAN: She seems to have disappeared 25 from the screen.

Page 59 1 CHAIRMAN NEUER: Well, I see a phone 2 number. 3 MR. FAGAN: She's back. Sally Malanga, 4 welcome to the meeting. Please state your name and 5 address for the record. 6 MS. MALANGA: Thank you. Sally Malanga, 7 Ridge Road. Mr. Futey, I've been listening -- 8 CHAIRMAN NEUER: Ms. Malanga, the exact 9 address, not just Ridge Road. 10 MS. MALANGA: 57 Ridge Road. I've been 11 listening very carefully to the testimony and really 12 appreciate what you've laid out in terms of the tree 13 planting, lots of natives and so on. So you clearly 14 know your trees in the sense of what should be put in 15 in a modern replanting. But the public's really 16 concerned about 12 very large trees ranging from 17 30 inches to 58 inches that Kevin had brought up and 18 Mr. Scott had brought up, and I'm just wondering if you 19 are willing to look at those trees and go back to your 20 engineer and make an extra effort to preserve them for 21 their historical status and the fact that the public 22 really cares about these trees and is concerned about 23 them? And just -- 24 CHAIRMAN NEUER: Ms. Malanga, let me remind 25 you that you're questioning on behalf of yourself. You

Page 60 1 don't represent anyone else. You don't represent any 2 organization, and you certainly don't represent the 3 public. You represent Sally Malanga. Kindly ask your 4 question in that vain. 5 MS. MALANGA: Thank you. In consultation 6 with my friends these are the 12 trees that we care 7 about and that we are asking if you'd be willing to 8 back and take another look. If it requires moving a 9 road a few feet just to save the 58-inch London Plane, 10 for example, or making the detention basins 11 underground. There seems to be alternatives that have 12 not been discussed. That is my question to you, Mr. 13 Futey? 14 THE WITNESS: Like I say, I stated in 15 previous answers, these are all engineering related. I 16 can't really speak to the viability of those, but I 17 absolutely appreciate what you're trying to do and 18 appreciate what the public desires. No one is 19 indiscriminately trying to remove anything, but we are 20 also trying to obviously improve the station and meet 21 the requirements for the town in terms of the ordinance 22 which we do, in addition to meeting Federal and state 23 regulations. 24 So there's a lot that's going into this. I 25 do appreciate what you're doing absolutely without a