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

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