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

65b96228-b9ab-4f72-9291-fa4a14ff04c8 26 (Pages 101 to 104) Page 101 1 Q. And with respect to Mr. Kipp's report, 2 just to be clear on this, you believe his report only 3 addresses the replacement aspect of the ordinance and 4 not the minimalization of the removal. 5 Is that correct? 6 CHAIRMAN NEUER: Mr. Turteltaub, he 7 said he didn't read Mr. Kipp's report. 8 MR. TURTELTAUB: He was asked -- he was 9 asked questions about it and crossed on the -- 10 Mr. Kipp having found that this report -- Mr. Kipp 11 having said it complies with the ordinance. 12 There was a discussion about bean 13 counting, and I just want to be clear, the board 14 understands what Mr. Linson was saying with respect 15 to Mr. Kipp's -- at least what he was informed about. 16 But there was questioning of him on 17 cross-examination and I just want to be clear because 18 -- to make sure that his -- there's an understanding 19 of what he was trying to convey in his answer. 20 CHAIRMAN NEUER: His answer was clear, 21 and he did not read the report. That doesn't mean he 22 couldn't testify about the conclusion, which he did. 23 But he didn't -- he didn't go through 24 the elements of the report or what Mr. Kipp 25 specifically said and found, other than the Page 103 1 allowed -- I did not overrule the objection. 2 I am allowing the question to go 3 forward, subject to the objection. 4 MR. TURTELTAUB: Thank you. 5 BY MR. TURTELTAUB: 6 Q. And, Mr. Kipp -- excuse me, Mr. Linson, 7 your understanding of what -- what the compliance was 8 that Mr. Kipp was referring to in his report? 9 A. Yes. You know, I believe it's very 10 unusual for a New Jersey licensed tree expert to have 11 a vastly different opinion from another New Jersey 12 licensed tree expert. 13 I trust Mr. Kipp's judgment in 14 enforcing the ordinance. I don't know whether he 15 considered the fact that a tree application could be 16 denied from the standpoint that it's not preserving 17 the maximum possible number of trees and the 18 development of a site. 19 I know that and I trust that Mr. Kipp's 20 analysis on the replacement requirement is accurate. 21 I just don't know that he had the -- had the thought 22 that it could be denied from the fact that not -- not 23 all possible trees could be saved by changing -- I 24 don't know whether he -- he saw the video or was 25 privy to the engineering reports on why the Page 102 1

denied from the fact that not -- not 23 all possible trees could be saved by changing -- I 24 don't know whether he -- he saw the video or was 25 privy to the engineering reports on why the Page 102 1 conclusion that it complies with the ordinance. 2 MR. TURTELTAUB: If it's -- if that's 3 what he's being told that that's what the answer is, 4 that's one thing. 5 But if he's being asked if his opinion 6 whether -- whether he believes Mr. Kipp analyzed all 7 aspects of the ordinance, that's a different story. 8 Because there had been questioning to him about what 9 he meant in his answer. 10 And I just want to make sure it's clear 11 to this board and in the record as to what his answer 12 was. 13 CHAIRMAN NEUER: Well, I respectfully 14 disagree with you. I'll allow you to go forward. 15 MS. PORTER: And I also note my 16 objection for the record, because how can he opine on 17 a report that he did not read in any capacity or 18 dispute findings of a report that he has no idea what 19 it contained, what was looked at and had no 20 conversation with the individual who prepared it? 21 MR. TURTELTAUB: The report is a 22 one-page letter which you read the one line and you 23 asked him a question about it, and that was the sum 24 and substance of the report -- 25 CHAIRMAN NEUER: Mr. Turteltaub, I Page 104 1 installation has to be where it is or why it's 2 proposed to be here. 3 All I know is that in Mr. Kipp's mind, 4 the loss of these trees, pursuant to the ordinance, 5 is compensated by the restoration and planting of 6 replacement trees. 7 MR. TURTELTAUB: And with that, 8 Mr. Neuer, I have nothing further. 9 Thank you. 10 CHAIRMAN NEUER: Thank you. 11 Recross, Ms. Porter? 12 MS. PORTER: Yes, Mr. Chairman. 13 RECROSS-EXAMINATION 14 BY MS. PORTER: 15 Q. Mr. Linson, are you aware that the 16 current forester did walk the site, both externally 17 and internally? 18 A. I would -- I would hope that that's 19 what he did. 20 And as the forester, he would have 21 access to that. I have not been invited on the site 22 and -- but again, I -- I doubt -- I seriously doubt 23 that Mr. Kipp and I would have much difference over 24 any of the condition of any of the existing trees. 25 If he thinks something is defective and