Transcript 10 17 24 WO BOA ZB 24 06 PSEG Full size

Page 21 1 even occur? 2 MR. BLAKE: There is a way for there to 3 be a variance or a waiver, but then my understanding 4 is if that happens, then it has to be sent to DEP and 5 then DEP would then have to approve it, and then that 6 would be something that both the city and DEP would 7 have to figure out if that's a possibility. But, in 8 my understanding, it's not a simple just, yes, you 9 can do it. In general though, underground detention 10 is not a viable solution as a green infrastructure 11 for BMP, for Best Management Practice. 12 MS. PORTER: And are you aware of the 13 provision under NJAC 7:8-4.6A which states that a 14 municipality may grant a variance from the design and 15 performance standards for storm water management 16 measures if the municipal plan includes a mitigation 17 plan? Are you aware of that provision? Is that 18 something that you looked at in connection with the 19 language in the code? 20 MR. BLAKE: Yes, I am aware of that. 21 MS. PORTER: And are you aware of whether 22 or not West Orange has a mitigation plan as part of 23 it's municipal requirements? 24 MR. BLAKE: It does not, is my 25 understanding.

Page 22 1 MS. PORTER: Correct -- 2 CHAIRMAN NEUER: I'm sorry, Ms. Porter, 3 would you repeat the citation because you went a 4 little bit -- 5 MS. PORTER: I'm sorry -- oh, go ahead. 6 MR. BLAKE: I was gonna say it's NJAC 7 789-4.6A. 8 CHAIRMAN NEUER: Thank you. It's 7:8. 9 MS. PORTER: Right. And so that 10 particular provision states that a municipality may 11 grant a variance, but only in the event that the 12 municipal plan includes a mitigation plan. And is it 13 correct that the West Orange ordinance does not 14 contain a mitigation plan, is that correct? 15 MR. BLAKE: Yes, that is correct. It 16 does not, I was not able to find anything that stated 17 it had a mitigation plan. 18 MS. PORTER: And did you confirm that with 19 Mr. Hess? 20 MR. BLAKE: I did. 21 MS. PORTER: And therefore, a variance 22 would not be possible with respect to this provision 23 within the ordinance? 24 MR. BLAKE: Yes, that is correct. 25 MS. PORTER: Okay, thanks. Okay, so going

Page 23 1 back to being on this site beyond specifically your 2 determination as to the location of the detention 3 basin, what other conclusions did you make in terms 4 of the remainder of the design as it relates 5 specifically to your civil engineer testimony and 6 knowledge? 7 MR. BLAKE: I mean, in my opinion the 8 design, you know, as far as the sequence of 9 construction, in order to accommodate both the 10 electrical equipment, the installation, the delivery 11 of the equipment, and also provide storm water 12 management in compliance with the rules, the, there 13 wasn't, I don't see any ways to really adjust the 14 design to make it a more efficient or reduce the tree 15 removal. I mean, the basins have been adjusted and 16 you know, tweaked as much as possible and I think 17 that the current design that we have, I believe the 18 current design that we have is the best solution. 19 MS. PORTER: Thank you. I have no further 20 questions for Mr. Blake. 21 CHAIRMAN NEUER: Thank you, Ms. Porter. 22 Let's start, because he was mentioned a few times, 23 Mr. Hess, any questions? 24 MR. HESS: I have no questions, Mr. 25 Chairman. I also reviewed the township ordinance and

Page 24 1 I found no provision in there for a mitigation plan. 2 CHAIRMAN NEUER: So, do you have any 3 dispute with anything that Mr. Blake said that he 4 attributed to you? 5 MR. HESS: No, I do not. What he said 6 was what we discussed earlier today and yesterday and 7 today. 8 CHAIRMAN NEUER: Members of the board, Mr. 9 Barbee? 10 MR. BARBEE: No questions. 11 CHAIRMAN NEUER: Mr. Dannemiller? 12 MR. DANNEMILLER:No further questions. 13 CHAIRMAN NEUER: Thank you, Mr. Eben? 14 MR. EBEN: Chairman, none for me either, 15 thank you. 16 CHAIRMAN NEUER: Thank you, Mr. Ricci? 17 MR. RICCI: No questions. 18 CHAIRMAN NEUER: Thank you, Mr. Scott? 19 MR. SCOTT: Thank you. Mr. Blake, so 20 based upon what you've reviewed here, do you believe 21 this is the best nature positive aspect of this plan 22 for that site? 23 MR. BLAKE: I'm just here to testify on 24 the storm water management design. So to answer your 25 question, you know about nature, that's, I don't have

Page 25 1 that experience. Mine is just how to design a storm 2 water management system in accordance with the codes 3 or regulations. 4 MR. SCOTT: And you believe that the best 5 plan, the one that you've just been discussing, is 6 that the trees that are slated to come down, should 7 come down. 8 MR. BLAKE: I believe that the trees that 9 are located where the bioretention basins are and the 10 equipment, yes, I believe that that is the best 11 layout and design with the site constraints that we 12 have. 13 MR. SCOTT: Thank you. 14 CHAIRMAN NEUER: Thank you, Mr. Scott. 15 Mr. Sussman? 16 MR. SUSSMAN: No questions, Mr. 17 Chairman. 18 CHAIRMAN NEUER: And Ms. Porter, I have no 19 questions for the witness other than what we've 20 already discussed. Members of the public, this is 21 your opportunity to question the witness based upon 22 the testimony that he has presented, that's the scope 23 of your questioning. The timer that usually comes up 24 on the screen is broken, so I'm going to keep the 25 time on the questioning, the timing, and the clock

Page 26 1 will run only during the question, not during the 2 answer. Members of the public, please raise your 3 hand. Mr. Malanga, your hand is up, so I'll 4 recognize you first. 5 MR. MALANGA: Thank you, Mr. Chairman. 6 Mr. Chairman, good evening, members of the board, 7 good evening, Mr. Blake, good evening. 8 MR. BLAKE: Good evening. 9 MR. MALANGA: You just stated that you 10 are there to testify with regards to storm water 11 management design and exclusively that, is that 12 right? 13 MR. BLAKE: That is my area of expertise. 14 I do also discuss certain items with regards to 15 access and the fence layout. 16 MR. MALANGA: And in Ms. Porter's 17 initial questioning, she said that you gave testimony 18 previously with regard to the conformity of the fence 19 with current electrical code, that was her word. 20 MR. BLAKE: Correct, but I am aware of 21 what the IEEE requirements are for fencing and that's 22 just what the code's under, but that is what all 23 substations are designed to is where the fencing is, 24 is IEEE standards. I am not on the board, but there 25 are several civil engineers that are involved in

Page 27 1 IEEE, but it's not something out of the ordinary. 2 MR. MALANGA: So, you're not qualified 3 to give testimony with regard to that? 4 CHAIRMAN NEUER: Is that a question? 5 That's a conclusion you want to reach, he can't opine 6 on that, that wasn't part of his testimony. Go on to 7 something else, Mr. Malanga. 8 MR. MALANGA: You started giving an 9 answer and then you abbreviated it with regard to 10 bringing equipment on to the site and I thought you 11 were about to say heavy hauling, is that what you 12 were about to say? 13 MR. BLAKE: Yeah, during construction you 14 have to have heavy haul access. 15 MR. MALANGA: When you say heavy 16 hauling, what types of weight of equipment are you 17 referring to? 18 MR. BLAKE: It's the larger pieces of 19 equipment, it's over the road approved weights, it's 20 just more of like a semi truck, but it brings in 21 larger pieces of equipment. 22 MR. MALANGA: So, how many pounds of 23 weight for the load and the vehicle? 24 MR. BLAKE: The equipment will be based 25 on whatever the vendor supplies, I don't know those

Page 28 1 numbers off the top of my head, but they will be 2 permitted through DOT regulated requirements. 3 MR. MALANGA: So, you don't know 4 whether it's in fact in compliance with any New 5 Jersey regulations as to pounds per square inch of 6 tire width, you have no information about that? 7 MR. BLAKE: I guess, I don't know if you 8 are understanding what you're asking. What I'm 9 trying to tell you is that it will be permitted 10 before it is allowed to either not only enter the 11 state, but be delivered to the site. There is code 12 requirements and permits that have to be obtained in 13 order for large pieces of equipment to be hauled and 14 to go over the road, they have to meet certain 15 requirements. 16 MR. MALANGA: Indeed. So, you don't 17 know whether they will by transported on a flatbed, a 18 low bed, an I-beam, nothing like that? 19 MR. BLAKE: I mean, it could be various 20 pieces of standard WB50 truck, I don't know specifics 21 on that. 22 MR. MALANGA: I have no other 23 questions, thank you. 24 CHAIRMAN NEUER: Thank you, Mr. Malanga. 25 MR. FAGAN: Mr. Chairperson, we have

Page 29 1 several members of the public who have their hands 2 raised. 3 Whitmer, welcome to the meeting, please 4 state your full name and address for the record and 5 unmute yourself. Can you hear us? You are on mute, 6 okay. Okay, Mr. Chairman, Whitmer is getting her 7 issues -- 8 CHAIRMAN NEUER: Move on to someone else. 9 MR. FAGAN: Sally Malanga, welcome to the 10 meeting, please state your name and address fro the 11 record. 12 MS. MALANGA: Sally Malanga, Ridge 13 Road. 14 CHAIRMAN NEUER: Please state the number 15 on Ridge Road. 16 MS. MALANGA: 57. 17 CHAIRMAN NEUER: Thank you. 18 MS. MALANGA: Okay, Mr. Blake, are you 19 stating that the trees for the road being moved over 20 are strictly going to be cut down because of the 21 delivery of equipment? 22 MR. BLAKE: No, not strictly for the 23 delivery of equipment, they're also there for the 24 long term. It's part of a reliability for a 25 substation, you have to be able to provide access for

Page 30 1 that equipment, if, for whatever reason, it had to be 2 replaced. 3 MS. MALANGA: And are you saying that 4 they would be unable to replace equipment or make 5 repairs if you didn't cut down all those trees and 6 move the road? 7 MR. BLAKE: I didn't say that. 8 MS. MALANGA: Okay, well, if the road 9 has been functional for the past 100 years and 10 they've been able to make their repairs and do 11 whatever they need, why now do all these trees have 12 to be cut in order to straighten out a road today? 13 MR. BLAKE: If you look at the drawings, 14 I don't know, Ms. Malanga if you actually reviewed 15 the drawings, but there is not a lot of trees being 16 removed because of the realignment of the access 17 drive. 18 MS. MALANGA: Okay, thank you. 19 MR. BLAKE: The bioretention is what is-- 20 CHAIRMAN NEUER: Mr. Blake, you've 21 answered the question. Anything else, Ms. Malanga? 22 MS. MALANGA: That's all my questions. 23 Thank you. 24 CHAIRMAN NEUER: Mr. Fagan, who else do we 25 have?