12 12 24 PSEG West Orange BOA ZB 24 06 PSEG 35 Mt Pleasant Ave Condensed

65b96228-b9ab-4f72-9291-fa4a14ff04c8 1 (Pages 1 to 4) Page 1 TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT ------------------------------x IN THE MATTER OF: CASE NO. ZB-24-06 TRANSCRIPT PUBLIC SERVICE ELECTRIC AND OF GAS COMPANY PROCEEDINGS 35 Mount Pleasant Avenue ------------------------------x Thursday, December 12, 2024 Zoom Remote Videoconference Commencing at 8:06 p.m. BOARD MEMBERS PRESENT: PHILIP D. NEUER, Chairman IRV SCHWARZBAUM, Vice Chairman JEROME EBEN BRENT DRAPER SCOTT WILLIAM MICHAEL BARBEE PETER T. RICCI ALICE WEISS (ABSENT) MICHAEL DANNEMILLER, ALTERNATE (ABSENT) MARK SUSSMAN, ALTERNATE (ABSENT) A P P E A R A N C E S SAVO, SCHALK, CORSINI, WARNER, GILLISPIE, O'GRODNICK & FISHER, P.A. BY: JOHN J. DELUCA, JUNIOR, ESQUIRE 56 East Main Street, Suite 301 Somerville, New Jersey 08876 908-526-0707 Deluca@centraljerseylaw.com Attorneys for the Board PRECISION REPORTING SERVICE Certified Shorthand Reporters (908) 642-4299 Page 3 1 TABLE OF CONTENTS 2 WITNESS PAGE SWORN 3 JOHN HESS, PE, PP, CME 8 4 GEORGE WHEATLE WILLIAMS, ACIP, PP 9 5 JOHN D. LINSON, SR 18 By Mr. Turteltaub......................19,23,95 6 By Ms. Porter..........................42,104 By the Board...........................21 7 By the Public..........................88 8 ROBIN BLANTON, P.E. By Mr. Turteltaub......................110,117 9 By Ms. Porter..........................113 By the Board...........................115 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 1 A P P E A R A N C E S (Continued) 2 CHIESA SHAHINIAN & GIANTOMASI, PC BY: JENNIFER M. PORTER, ESQUIRE 3 -AND- ERICA ANTONYA PARLAVECCHIO, ESQUIRE 4 105 Eisenhower Parkway Roseland, New Jersey 07068 5 973-530-2071 Jporter@csglaw.com 6 Attorneys for the Applicant 7 THE TURTELTAUB LAW FIRM, LLC BY: JAMES M. TURTELTAUB ESQUIRE 8 98 Main Street, 2nd Floor P.O. Box 458 9 Madison, New Jersey 07940 862-276-2593 10 James.Turteltaub@turteltaublaw.com Attorney for the Kevin Malanga 11 12 A L S O P R E S E N T : 13 DIANA CHANDLER, Board Secretary 14 JOHN HESS, PE, PP, CME, Board Consulting Engineer 15 GEORGE WHEATLE WILLIAMS, ACIP, PP, Town Planner 16 MEGAN BRILL, Meeting Moderator 17 18 19 20 21 22 23 24 25 Page 4 1 EXHIBITS NUMBER DESCRIPTION PAGE 2 Exhibit 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

65b96228-b9ab-4f72-9291-fa4a14ff04c8 2 (Pages 5 to 8) Page 5 1 CHAIRMAN NEUER: Good evening, 2 everyone. With the power vested in me as 3 Chairperson, I call this special meeting of the West 4 Orange Zoning Board of Adjustment to order. Today is 5 December 12, 2024. It is 8:00 p.m., and this meeting 6 is being conducted virtually using the Zoom platform. 7 Notice of this meeting was given to the 8 township clerk, the West Orange Chronicle, and the 9 Star Ledger, posted on the township bulletin board, 10 all in accordance with the Senator Byron M. Baer Open 11 Public Meetings Act. 12 I ask all to rise as we'll Pledge 13 Allegiance to the Flag. 14 (Whereupon, all rise for a recitation 15 of the Pledge of Allegiance.) 16 CHAIRMAN NEUER: Please be seated. 17 Legal counsel tonight is John DeLuca. 18 Mr. DeLuca, would you be so kind as to 19 read the opening statement? 20 MR. DELUCA: Absolutely. 21 Thank you for welcoming me. 22 The Zoning Board of Adjustment is a 23 quasi judicial body. It hears evidence from sworn 24 witnesses and makes decision as would a court of law. 25 The Applicants are here because the Page 7 1 these proceedings. And we, the Board, will consider 2 an adjournment to anyone who wishes additional time 3 to obtain counsel. 4 Thank you. 5 CHAIRMAN NEUER: Thank you, Mr. DeLuca. 6 Ms. Chandler, kindly call the roll. 7 MS. CHANDLER: Mr. Barbee? 8 MR. BARBEE: Here. 9 MS. CHANDLER: Mr. Dannemiller? 10 CHAIRMAN NEUER: Excused absence. 11 MS. CHANDLER: Mr. Eben? 12 MR. EBEN: Present. 13 MS. CHANDLER: Mr. Ricci? 14 (No Response.) 15 MS. CHANDLER: Mr. Ricci? 16 MR. RICCI: Here. 17 MS. CHANDLER: Mr. Sussman? 18 CHAIRMAN NEUER: Excused absence. 19 MS. CHANDLER: Mr. Schwarzbaum? 20 VICE CHAIRMAN SCHWARZBAUM: Here. 21 MS. CHANDLER: Mr. Scott? 22 MR. SCOTT: Present. 23 MS. CHANDLER: Mrs. Weiss? 24 CHAIRMAN NEUER: Excused absence. 25 MS. CHANDLER: Chairperson Neuer? Page 6 1 projects they propose do not meet the requirements of 2 the West Orange zoning code, or they have been denied 3 permits by the building inspector. 4 We are their first avenue of appeal. 5 Board Members have a two-fold responsibility; first, 6 to see that the Applicant is treated as fairly as 7 possible, since no zoning code can foresee all 8 possible inequities; and second, to protect the 9 welfare of the community as a whole, which is the 10 basic purpose of the municipal zoning. 11 Our

7 possible, since no zoning code can foresee all 8 possible inequities; and second, to protect the 9 welfare of the community as a whole, which is the 10 basic purpose of the municipal zoning. 11 Our procedures are simple. The 12 Applicant presents his case. Objectors present their 13 case. Citizens in the audience are then given an 14 opportunity to speak, both for or against an 15 application. We expect the conduct of these 16 proceedings to be dignified and orderly so that all 17 parties may obtain a fair and impartial hearing. 18 As our proceedings are public, so is 19 our decisionmaking, which usually takes place the 20 same evening. Because appeals from the decisions of 21 the board can be made to the courts and in some cases 22 to the township council solely on the basis of the 23 record before this body and since the rules of 24 evidence and case law are technical, we would like to 25 advise all persons have a right to legal counsel in Page 8 1 CHAIRMAN NEUER: I am here. 2 Thank you. 3 MS. CHANDLER: You're welcome. 4 CHAIRMAN NEUER: Announcements are, 5 with respect to future meetings, regular meeting will 6 be held on December 19th, 2024, which is one week 7 from this evening. 8 Our first meeting of calendar year 2025 9 will be January 16th, 2025. That will be our 10 reorganization meeting. I expect that we may have -- 11 we may have a new member or members at that time. 12 Mr. DeLuca, we have two professionals 13 here this evening for the Board, George Williams and 14 John Hess. 15 Would you be so kind as to administer 16 the oath? 17 MR. DELUCA: Yes. 18 Please raise your right hands, 19 gentlemen. 20 Do you solemnly swear to tell the 21 truth, the whole truth and nothing but the truth? 22 MR. HESS: I do. 23 J O H N H E S S, PE, PP, CME 24 849 West Bay Avenue, Suite 16, Barnegat New 25 Jersey, having been duly sworn, testifies as

65b96228-b9ab-4f72-9291-fa4a14ff04c8 3 (Pages 9 to 12) Page 9 1 follows: 2 MR. WILLIAMS: I most certainly do. 3 G E O R G E W. W I L L I A M S, ACIP, PP 4 105 CR-623, Suite 1, Montclair, New Jersey, 5 having been duly sworn, testifies as follows: 6 MR. DeLUCA: Thank you. 7 CHAIRMAN NEUER: Thank you all. 8 We have one application on our agenda 9 this evening, that's application ZB-24-06, Public 10 Service Electric and Gas Company, for property 11 designated as Lot 26.01 in Block 155, also known as 12 325 Mount Pleasant Avenue. 13 Counsel, your appearance for the 14 record, please. 15 MS. PORTER: Good evening, 16 Mr. Chairman. Jen Porter from CSG Law on behalf of 17 the applicant, PSE&G. 18 And I also have with me my co-counsel, 19 Erica Parlavecchio. 20 CHAIRMAN NEUER: Yes, we saw 21 Ms. Parlavecchio at a prior meeting. 22 MS. PORTER: Yes. 23 CHAIRMAN NEUER: Welcome to both of 24 you. 25 MS. PARLAVECCHIO: Thank you. Page 11 1 forester to discuss the tree removal, as well as the 2 tree replacement plans and their compliance with the 3 township's tree ordinances, both the prior ordinance 4 which we were subject to, as well as the new 5 ordinance which we were exempted from, but 6 voluntarily chose to comply. 7 After that testimony was given, we did 8 entertain questions from members of the public, and 9 at this point PSE&G is ready to rest with its direct 10 testimony regarding the application. 11 CHAIRMAN NEUER: Thank you very much, 12 Ms. Porter. 13 That brings us to the point in these 14 proceedings where we take testimony and evidence from 15 members of the public. 16 Are there any members of the public who 17 wish to be heard on this application or to present 18 evidence? Please raise your hand so that you can be 19 admitted. 20 MS. BRILL: Yes, we have 21 Mr. Turteltaub. 22 CHAIRMAN NEUER: Okay, Mr. Turteltaub, 23 please bring him into the -- 24 MS. BRILL: Should I promote him to 25 panelist -- Page 10 1 CHAIRMAN NEUER: This application has 2 been heard on four prior occasions by the Board; 3 August 15th, September 12, September 19th and 4 October 17th. 5 Mr. DeLuca, we've already verified that 6 notice was in order and -- from each of those prior 7 four hearings, carried until today so the 8 jurisdiction has been obtained. 9 I will also note for the record that 10 based upon the roll call, a quorum is present so that 11 we may move forward to conduct

hearings, carried until today so the 8 jurisdiction has been obtained. 9 I will also note for the record that 10 based upon the roll call, a quorum is present so that 11 we may move forward to conduct business this evening. 12 Ms. Porter, the floor is yours. 13 MS. PORTER: Great. Thank you, 14 Mr. Chairman. 15 So, as I indicated before, good evening 16 everyone, as the Chairman indicated, we last appeared 17 in front of the Board back in October. 18 At that hearing we presented further 19 testimony from two of our experts, our civil engineer 20 and our landscape architect. The basis of that 21 testimony was to indicate that we had conducted 22 further due diligence in terms of the site design, 23 tree preservation and various other site design 24 considerations for the site. 25 We also met again with township Page 12 1 CHAIRMAN NEUER: Yes. 2 MS. BRILL: -- or is he okay in the 3 gallery. 4 CHAIRMAN NEUER: No, bring him into the 5 panel. 6 MS. BRILL: Okay. I'm doing that now. 7 You should see a prompt. 8 Here he comes. 9 There you go. 10 CHAIRMAN NEUER: Welcome back, 11 Mr. Turteltaub. 12 MR. TURTELTAUB: Good evening, 13 Mr. Neuer and Members of the Board, I thank you for 14 your time tonight. 15 CHAIRMAN NEUER: Mr. Turteltaub, my 16 recollection is that you're appearing on behalf of a 17 citizen of this community, Kevin Malanga. 18 Is that correct? 19 MR. TURTELTAUB: Yes, Mr. Neuer. 20 This is actually my first appearance 21 for Mr. Malanga in this application. And I do have a 22 case to put on tonight on his behalf, yes. 23 CHAIRMAN NEUER: Okay. What do you 24 intend to present? 25 MR. TURTELTAUB: We intend to present

65b96228-b9ab-4f72-9291-fa4a14ff04c8 4 (Pages 13 to 16) Page 13 1 three witnesses tonight, three expert witnesses. The 2 first witness we intend to -- we ask the board to 3 listen to is John Linson, who is a former forester 4 for West Orange. He is also a licensed tree expert 5 in New Jersey. 6 We intend to follow Mr. Linson's 7 testimony with a Robin Blanton, B-L-A-N-T-O-N. He is 8 a PE. Mr. Blanton has experience in the design of 9 stations like the PSE&G station which is the subject 10 of this application. 11 And, finally, we're going to have the 12 testimony of Mary Paist-Goldman, P-A-I-S-T, dash, 13 Goldman, G-O-L-D-M-A-N. 14 CHAIRMAN NEUER: Yes. 15 Did any of your experts prepare 16 reports? 17 MR. TURTELTAUB: They have not prepared 18 any reports. Though Ms. Goldman does have some 19 diagrams and concepts that she would like to share 20 with the board at the end of her testimony, during 21 her testimony. 22 CHAIRMAN NEUER: For the record, we've 23 received a curriculum vitae for Ms. Paist-Goldman. 24 MR. TURTELTAUB: Yes. 25 CHAIRMAN NEUER: We haven't received a Page 15 1 And we intend to have Mr. Linson talk 2 about those trees, about the ordinance in his view of 3 how compliance has -- has not occurred with this 4 plan. 5 We will then have Mr. Blanton, who will 6 then discuss design options for -- that would 7 potentially solve some of the problems that my client 8 has seen in this plan. 9 And we'll end it with Ms. Goldman, who 10 will then be able to talk about some of the 11 alternatives that we can -- we can hopefully work 12 with here and achieve the preservation of trees that 13 have -- like I say, have been part of this community 14 for at least a hundred years from what I understand. 15 So with that, I'd like to see if we 16 could elevate Mr. Linson as a speaker here so he can 17 provide his testimony in this matter. 18 CHAIRMAN NEUER: Please do so, 19 Ms. Brill. 20 MS. BRILL: Yes, if he could raise his 21 hand so I can find him. 22 I'm not seeing a hand yet. 23 CHAIRMAN NEUER: Mr. Linson, raise your 24 hand, please. 25 MS. BRILL: What's the first name? Page 14 1 curriculum vitae for the other two gentlemen 2 mentioned, Mr. Linson -- although I can say he's 3 well-known to the board -- and Robin Blanton has not 4 submitted a curriculum vitae. 5 So you can go through that when you -- 6 when you qualify them as experts. 7 MR. TURTELTAUB: I

h I can say he's 3 well-known to the board -- and Robin Blanton has not 4 submitted a curriculum vitae. 5 So you can go through that when you -- 6 when you qualify them as experts. 7 MR. TURTELTAUB: I intend to do so, 8 thank you. Thank you, sir. Yes, that's exactly what 9 I intend to do. 10 CHAIRMAN NEUER: Okay. 11 MR. TURTELTAUB: So with that, if I 12 may, overall our testimony here tonight is going to 13 focus on the tree ordinance and the aspects of the 14 tree ordinance, it's really two steps, one is to 15 maximize the preservation of the trees that are on 16 the site, and then once you get past that, you have 17 the replacement issue. 18 Here we're really going to be focusing 19 on the first of the two steps, which is to maximize 20 the preservation of the trees. 21 This site -- and the plans that are 22 here look to destroy a number of trees that have been 23 part of this community for, in many cases, a hundred 24 years. And they provide a lot of natural resources 25 and value. Page 16 1 CHAIRMAN NEUER: John. 2 MR. TURTELTAUB: John. John Linson. 3 MS. BRILL: Oh, okay. 4 Our old forester. 5 MR. TURTELTAUB: Yes. 6 MS. BRILL: Ah, okay, he didn't raise 7 his hand, but I'm promoting him now. 8 MR. TURTELTAUB: Okay. Thank you. 9 MS. BRILL: He has to accept it. 10 MR. TURTELTAUB: Mr. Linson, you should 11 see a request for you to accept, a blue button to 12 press to get up, to be elevated. 13 MS. BRILL: Right. 14 He hasn't accepted yet. 15 Maybe buzz him? 16 MR. TURTELTAUB: Yes, if you don't mind 17 I'll disappear for one second. 18 CHAIRMAN NEUER: As long as you promise 19 to come back. 20 I keep forgetting to record the 21 Jeopardy music for moments like this. 22 MS. BRILL: Oh, okay. I think he's 23 coming. 24 No, somebody else just joined. 25 CHAIRMAN NEUER: Mr. Turteltaub,

65b96228-b9ab-4f72-9291-fa4a14ff04c8 5 (Pages 17 to 20) Page 17 1 let's... I see him. 2 Okay. Mr. Linson is there. 3 Mr. Linson, turn on your video and your 4 microphone please? 5 MS. BRILL: He's coming in. 6 MR. LINSON: Okay. All right. I found 7 how to unmute this thing. 8 MR. TURTELTAUB: Okay. We got him. 9 Okay, good. 10 MR. LINSON: Okay. 11 I can begin? 12 CHAIRMAN NEUER: Well, we need to -- 13 MR. TURTELTAUB: You need to put your 14 camera on. 15 We need to put your camera on, 16 Mr. Linson. 17 MR. LINSON: Okay. 18 CHAIRMAN NEUER: Lower left. 19 MR. LINSON: Oh, start video. 20 There it is. 21 Okay, how's that? 22 CHAIRMAN NEUER: Looks like John 23 Linson. 24 MR. LINSON: You have -- you have 25 visual and sound. Page 19 1 MR. TURTELTAUB: And I do thank the 2 board for its time in getting Mr. Linson on. 3 VOIR DIRE EXAMINATION 4 BY MR. TURTELTAUB: 5 Q. Mr. Linson, if you could, could you 6 please provide the board with the benefit of your 7 background, experiences, especially as it pertains to 8 trees and the preservation of trees? 9 A. Okay. 10 I have a bachelor's degree in forestry 11 from Rutgers University, 1973. 12 I have been a New Jersey licensed tree 13 expert since 1976. 14 I served as Millburn Township forester 15 for 25 years and retired 21 years ago and have served 16 as a consultant to municipalities, primarily I've 17 served -- I've consulted with over 44 municipalities 18 in three counties over the last 21 years, and I 19 served as West Orange forester for 14 years. 20 That's pretty much it. 21 Q. And in those capacities, with respect 22 to tree preservation and enforcement of tree 23 ordinances, could you give the board a little bit of 24 the benefit of your background in that as well? 25 A. Well, serving as -- as a -- as a Page 18 1 CHAIRMAN NEUER: Welcome back. 2 Mr. DeLuca, please be kind enough to 3 swear the witness. 4 MR. DeLUCA: Mr. Linson, if you could 5 please raise your right hand. 6 MR. LINSON: Yes. 7 MR. DeLUCA: Do you swear to tell the 8 truth, the whole truth and nothing but the truth? 9 MR. LINSON: I do. 10 J O H N D. L I N S O N, SR. 11 52 Ricker Road, Kinnelon, New Jersey, having been 12 duly sworn, testifies as follows: 13 MR. DeLUCA: Thank you. 14 CHAIRMAN NEUER: Before we begin, 15 Ms. Porter, were you alerted to this witness? 16 MS. PORTER: I was alerted to the fact 17 that there would be a tree expert. 18 I was not

MR. DeLUCA: Thank you. 14 CHAIRMAN NEUER: Before we begin, 15 Ms. Porter, were you alerted to this witness? 16 MS. PORTER: I was alerted to the fact 17 that there would be a tree expert. 18 I was not provided with any information 19 as to who it would be, nor any information regarding 20 their credentials. 21 CHAIRMAN NEUER: Any objection before 22 we get into credentials? 23 MS. PORTER: No. 24 CHAIRMAN NEUER: Okay, thank you. 25 Mr. Turteltaub, please continue. Page 20 1 municipal forester, you're subject to all kinds of 2 issues, street renovation and sidewalk renovation is 3 one of the most -- the hardest things on saving 4 trees, but -- and then the development of building 5 lots. 6 So I've developed a pretty good 7 experience in terms of how to save trees when -- and 8 knowing when they can and cannot be saved. 9 And I actually implemented a number of 10 methods in West Orange in the road reconstruction 11 projects and pretty much any tree that an adjacent 12 property wanted to save we were able to save it, so 13 -- but it's the ones that didn't want to save, that 14 didn't want to have a sidewalk that curved around a 15 tree or leaving the old curb in the -- 16 CHAIRMAN NEUER: Mr. Linson, you've 17 answered the question. 18 THE WITNESS: Yeah. Okay. 19 CHAIRMAN NEUER: Any other questions, 20 Mr. Turteltaub? 21 MR. TURTELTAUB: I just have a couple 22 quick ones and then we'll move on to his testimony. 23 BY MR. TURTELTAUB: 24 Q. Mr. Linson, in your capacities working 25 for these municipalities, have you ever been asked to

65b96228-b9ab-4f72-9291-fa4a14ff04c8 6 (Pages 21 to 24) Page 21 1 review site plans and their compliance with tree 2 ordinances? 3 A. Yes, I do that quite frequently. 4 Q. Okay. And have you ever been qualified 5 as an expert before any boards to give testimony as 6 to your opinions regarding tree preservation and tree 7 ordinances? 8 A. Yes, I have. 9 Q. Okay. 10 MR. TURTELTAUB: I would like to 11 introduce Mr. Linson as an expert in tree forestry, 12 as well as tree preservation. 13 CHAIRMAN NEUER: Trees and tree 14 preservation. 15 MR. TURTELTAUB: Yes. 16 CHAIRMAN NEUER: Ms. Porter, any 17 questions with regard to credentials. 18 MS. PORTER: No. 19 CHAIRMAN NEUER: Any member of the 20 board have questions for Mr. Linson regarding his 21 credentials. 22 Mr. Schwarzbaum? 23 VICE CHAIRMAN SCHWARZBAUM: Mr. Linson, 24 just -- when did you -- you said that you were part 25 of the West -- you worked for West Orange as a Page 23 1 CHAIRMAN NEUER: Mr. -- 2 Mr. Schwarzbaum -- 3 VICE CHAIRMAN SCHWARZBAUM: That's not 4 relevant? Okay. 5 CHAIRMAN NEUER: Please. 6 VICE CHAIRMAN SCHWARZBAUM: Okay, I was 7 just -- wanted to understand. 8 CHAIRMAN NEUER: Mr. Linson answered 9 too quickly. 10 Any other member of the board with 11 questions for Mr. Linson, solely regarding 12 credentials? 13 (No Response.) 14 CHAIRMAN NEUER: Seeing none, 15 Mr. Linson, it's my pleasure to recognize you as a 16 licensed tree expert with a specialty in tree 17 preservation. 18 THE WITNESS: Thank you, Mr. Chairman. 19 Mr. Turteltaub, witness with you. 20 MR. TURTELTAUB: Thank you. 21 DIRECT EXAMINATION 22 BY MR. TURTELTAUB: 23 Q. Mr. Linson, first off, are you familiar 24 with the PSE&G site which is the subject of this 25 application? Page 22 1 consultant for 14 years. 2 When did that end? 3 THE WITNESS: Three years ago. 4 VICE CHAIRMAN SCHWARZBAUM: Three years 5 ago. So that would be 2021. 6 THE WITNESS: I believe so. 7 VICE CHAIRMAN SCHWARZBAUM: And were 8 you part of the new ordinance. 9 THE WITNESS: Not -- not this -- this 10 new ordinance. The prior ordinance, I was. 11 VICE CHAIRMAN SCHWARZBAUM: Okay. So 12 I'm not -- I know there's a new ordinance. 13 I just want to understand when that 14 went into -- when it was contemplated to be put into 15 effect. It usually doesn't happen overnight, so 16 that's why I am asking. 17 THE WITNESS: It -- this new ordinance 18 was developed subsequent