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

65b96228-b9ab-4f72-9291-fa4a14ff04c8 16 (Pages 61 to 64) Page 61 1 whatever and they allowed these trees to grow up in 2 their -- in place of grass. 3 MR. EBEN: These trees need a certain 4 amount of area to breathe for them to be -- maybe 5 that's the wrong term, but you can't have a tree next 6 to another tree, it's like six inches away. 7 How does one tree -- it needs room to 8 grow, correct? 9 THE WITNESS: Yeah. 10 Well, the trees that are in a park or 11 along a street, the exposure to the public 12 necessitates that they be maintained at a higher 13 level. 14 This is an isolated location where 15 access is limited for security reasons and 16 consequently, the safety factor to the public is nil. 17 I mean, trees still pose a threat. I believe there 18 was reference to Walter Kipp and citing some trees 19 that needed to be removed on the site. 20 And that's the one thing about TR-2 and 21 -3. It didn't indicate the condition of the trees, 22 it just gave the diameter and the species and was it 23 going to be preserved or removed. Many of those 24 trees could have -- the reason for the removal could 25 be because they were in poor condition and they were Page 63 1 it, then it -- we resort to the required replacement 2 per the table in the ordinance and we have to reduce 3 it to a bean counting situation as opposed to an 4 emotional, aesthetic desire to preserve a healthy 5 specimen tree. 6 MR. EBEN: In your history as a tree 7 expert, have you come across where a developer has to 8 -- looks at the site, and if he's a halfway decent 9 developer or contractor, he has a schedule that he 10 has to meet and sometimes the tree work is in the way 11 of his schedule. 12 THE WITNESS: Yeah. 13 I mean, when you look at a site, you -- 14 your goal is to try to preserve trees around the 15 perimeter of a property that provide a benefit to the 16 public, to adjacent property owners. 17 Every site has setback requirements, 18 and within that, that area that's defined by -- by 19 ordinance, by zoning requirements, activity is 20 permitted, and occasionally you have to go over the 21 line and get a variance to perform the needed 22 improvement on the site. 23 But it's rare, and most developers 24 choose to develop a site conforming with the local 25 ordinances. Page 62 1 -- removal was warranted. 2 So it's -- more information could have 3 been a little helpful. 4 MR.

re, and most developers 24 choose to develop a site conforming with the local 25 ordinances. Page 62 1 -- removal was warranted. 2 So it's -- more information could have 3 been a little helpful. 4 MR. EBEN: What about the fact that 5 development, West Orange has had development over the 6 years that I have lived in town, and that development 7 is commercial development, because commercial 8 development brings in better tax revenue than just a 9 house here and a house three. 10 CHAIRMAN NEUER: Is there a question, 11 Mr. Eben, please? 12 MR. EBEN: Yes. 13 I'm asking what his experience is with 14 the clearing of trees in a property because you need 15 to have room for an existing tree to breathe and to 16 grow. 17 THE WITNESS: Well, one of the first 18 things they teach you when you go to forestry school 19 is trees are a renewable natural resource. 20 So it's necessary to remove trees. But 21 when you remove trees, it's -- you should be 22 replacing them. 23 And this ordinance does provide for 24 that. You know, if it's determined that a tree has 25 to be removed, there's no other way to work around Page 64 1 CHAIRMAN NEUER: Anything else, 2 Mr. Eben? 3 MR. EBEN: If you don't -- if you don't 4 conform, what's the -- what's the -- 5 THE WITNESS: Well, there's only -- 6 there's only -- the -- the -- the purpose of a zoning 7 board is to review whether there's a hardship 8 involved or not, and whether -- whether a variance 9 can be granted or not. 10 If there's another way of doing 11 something, then the board would, you know, it most 12 likely would deny an application if -- if it caused 13 diminishing value in the neighborhood or it was -- it 14 was so contrary to all of the other development in 15 the area. 16 If it's too close to the road or too, 17 you know, just too high. It's -- it's too large. 18 You've occupied too much space, so you have a bulk 19 variance need. 20 So, you know, just all of these things 21 have to be weighed and, you know, collectively the 22 members of the board make a decision and 23 recommendation and you -- you vote and, you know, the 24 majority wins. 25 MR. EBEN: Thank you very much.