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

Page 79 1 THE WITNESS: Now to the meat of my 2 testimony. We are asking for three major variances. 3 First, we're asking for a D-2 Variance. This is a use 4 variance for an expansion of a pre-existing legal 5 nonconforming use. We're asking this in accordance 6 with N.J.S.A. 40:55D-70(d)(2). That is because public 7 utilities are not permitted by right or conditional use 8 in the OR Zone. Therefore, we are requesting relief 9 for expansion of public utility use. 10 The second variance we're asking for is a 11 D-6 Variance. This is a height variance for height of 12 lightning mast of 70 feet high when 35 feet is 13 permitted. This was already explained by Michael Blake 14 and John Copa as to what was needed for lightning mast. 15 I should also explain that we do have 16 various other equipment such as bus supports and 17 lightning finials that are over 35 feet, therefore, we 18 need a variance. We're proposing six new lightning 19 masts at 70 feet and therefore I need a height variance 20 because the principal structure exceeds the maximum 21 permitted height in the district by more than 10 feet 22 or 10 percent. However, it should be noted by this 23 Board that PSE&G has repeatedly come back every time we 24 are doing station improvements. I was able to find 25 records going back to 1988, these are digital records,