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

65b96228-b9ab-4f72-9291-fa4a14ff04c8 21 (Pages 81 to 84) Page 81 1 CHAIRMAN NEUER: You can go ahead. 2 Go ahead, Mr. Scott. 3 MR. SCOTT: I'm going to go ahead. 4 I agree with the witness's statement, 5 it is not the job of this appointed board to 6 undermine the elected council. 7 Thank you. 8 CHAIRMAN NEUER: Anything else, 9 Mr. Scott? 10 (No Response.) 11 CHAIRMAN NEUER: I take that as a no. 12 Mr. Linson, it's so good to see you 13 again. We've worked together in the past. 14 I respect your expertise. 15 Have you been to any of the prior 16 hearings on this application? 17 THE WITNESS: A little louder, if you 18 could. 19 CHAIRMAN NEUER: Have you been to any 20 of the prior hearings on this application? 21 THE WITNESS: Oh no. 22 For this application, no. 23 CHAIRMAN NEUER: Do you know why it is 24 that the development is such that those trees are 25 being removed? Page 83 1 affected the -- our maintenance of street trees, and 2 I'm sure it's affected -- since 9/11 and some -- some 3 expansive utility outages, I know that they have got 4 more involved in providing distribution and oversight 5 and security of facilities like this. 6 CHAIRMAN NEUER: Let's talk about this 7 facility. Do you know of anything at this facility 8 that violates the BPU guidelines with respect to 9 maintenance of trees? 10 THE WITNESS: Yeah, I'm not -- I'm not 11 aware of anything. 12 CHAIRMAN NEUER: Okay. I know you have 13 a lot of expertise, sir. 14 Do you have an expertise in land use 15 law. 16 THE WITNESS: Do I have expertise -- 17 CHAIRMAN NEUER: Expertise. Expertise 18 in land use law. 19 THE WITNESS: Expertise? 20 Only as it -- as it -- my -- my 21 knowledge is minimal. I do review a lot of 22 applications for other municipalities in terms of 23 landscaping and, you know, coming up with solutions 24 to abate concern that the residents may have. 25 But I know there's different kinds of Page 82 1 THE WITNESS: I haven't -- I haven't 2 any knowledge of what's gone on before with this 3 board and what they've heard. 4 I was asked to give testimony simply on 5 the -- on the quality of the existing trees and the 6 possibility that, you know, perhaps there hadn't been 7 thought in preserving them to the maximum possible 8 ability of the Applicant. 9 CHAIRMAN NEUER: But you didn't review 10 the transcripts or the videos of the prior testimony 11 as to why the development was such

reserving them to the maximum possible 8 ability of the Applicant. 9 CHAIRMAN NEUER: But you didn't review 10 the transcripts or the videos of the prior testimony 11 as to why the development was such that those trees 12 are scheduled to be removed as a result of the 13 construction. 14 THE WITNESS: No, I have not seen a 15 video or was even told there was a video. 16 CHAIRMAN NEUER: Mr. Linson, you 17 mentioned the BPU regulations. 18 THE WITNESS: A little louder? 19 CHAIRMAN NEUER: The board of public 20 utilities, you mentioned that there -- 21 THE WITNESS: Yes. 22 CHAIRMAN NEUER: -- they have 23 guidelines and regulations. 24 THE WITNESS: Yeah. 25 They, you know, I know there's -- it's Page 84 1 variances and I know we work a lot with steep slope 2 situations and interacting with soil conservation and 3 wetlands stuff, so -- Highlands Act. 4 So it's all related, but -- and I 5 actually was on a zoning board at one time for about 6 five years and -- 7 CHAIRMAN NEUER: Are you bragging or 8 complaining? 9 THE WITNESS: Yeah, yeah, so... 10 CHAIRMAN NEUER: So are there any 11 variances from the Tree Removal Ordinance required by 12 this application? 13 THE WITNESS: I'm not -- I'm not aware 14 of any actual variances necessary. There -- if -- 15 if, for example, there was a champion tree on site. 16 I mean, I haven't checked the records, but if there 17 were, if any of these trees were a contender for the 18 -- to be the state champion, then there would be a 19 specific need for a variance to have these trees 20 removed. 21 CHAIRMAN NEUER: But as we sit here 22 tonight, you're not aware of any variances from the 23 Tree Removal Ordinance that are required. 24 Is that correct? 25 THE WITNESS: Yeah, I think you have