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

65b96228-b9ab-4f72-9291-fa4a14ff04c8 7 (Pages 25 to 28) Page 25 1 Q. And with respect to the trees that are 2 the subject of that tree removal application, are you 3 familiar with generally those trees in that -- the 4 areas in which those trees are located? 5 A. Yes. 6 Q. Okay. So starting off with -- or going 7 into the ordinance itself, you were asked questions 8 about your -- the current zoning -- tree preservation 9 ordinance. 10 Can you please give the board the 11 benefit of your understanding of the ordinance and 12 how it impacts the decisions to remove trees on 13 properties in town? 14 A. Well, the West Orange Ordinance is 15 probably the strictest ordinance I have ever seen. 16 It has -- the opening statements in the findings and 17 purpose are quite extensive, and that is indicative 18 of the fact that the town council has a high 19 importance of preserving trees and recognizing that 20 the contributions they make to the West Orange 21 community. 22 And so the -- stronger than the prior 23 ordinances, there is now a requirement for the 24 replacement of trees by residents and property 25 owners, whereas before there was a diminishing tree Page 27 1 leave it up to the discretion of the enforcing 2 officer, who may be a forester or may be an engineer 3 or a public works official. 4 But West Orange, by putting it under 5 land use, they put it under the scrutiny of many 6 people. 7 Most of the tree removal in the 8 township is private land owners taking down dead 9 trees in their yards. 10 But when there's a larger project of 11 development or redevelopment and it has to appear 12 before a zoning board or at least if it's denied it 13 would be appealed before the zoning board, it brings 14 it into the scrutiny of many people, so that the 15 discretion of one person is cushioned and 16 strengthened by this -- by the oversight of many 17 people, as we're doing tonight. 18 Q. So given that it's part of the land use 19 ordinance and your understanding is then the 20 evaluation of the tree removal plan and the 21 achievement of the goals of the tree protection 22 ordinance to -- to maximally protect the trees, is 23 that within the purview of this Board then to 24 consider whether that is met? 25 A. Yes, yes, it definitely is. Page 26 1 canopy coverage with development. With the loss of 2 trees there was no incentive to -- for property 3 owners to

rd then to 24 consider whether that is met? 25 A. Yes, yes, it definitely is. Page 26 1 canopy coverage with development. With the loss of 2 trees there was no incentive to -- for property 3 owners to replace trees. So now the removal of 4 healthy trees requires replacement by the property 5 owners. 6 Q. With respect to the preservation of 7 trees, are you familiar with what the current 8 ordinance -- the requirements of the current 9 ordinance with regard to the protection of trees that 10 exist today -- for trees that exist today? 11 A. Yes, I am. 12 In the -- in the purpose statement it 13 indicates that this section is to protect and foster 14 the existence and health of trees growing within 15 township borders, to preserve the maximum possible 16 number of trees in the development of a site or lot, 17 and to protect specimen trees to encourage innovative 18 design and grading to promote the protection of 19 existing trees. 20 That's in the preamble to the 21 ordinance. 22 The West Orange Ordinance is unique 23 because it comes under land use. Most of the 24 municipalities have their tree preservation 25 ordinances under police powers, and that tends to Page 28 1 If this application does not meet the 2 purpose of the ordinance, then it has to be revised 3 to accommodate the wishes of the council in passing 4 this ordinance. 5 Q. Okay. And with respect to the prior 6 ordinance and the current ordinance, it was brought 7 up earlier in counsel's introduction about saying 8 that they're adhering to the -- to the stricter new 9 ordinance, what are the differences mainly between 10 the two ordinances, if you know? 11 A. Well, one fault of the prior ordinance 12 was neighbor notification. 13 And the removal of trees, particularly 14 healthy trees, in the vicinity of a property line can 15 sometimes be disputed. And once the tree is removed, 16 you know, it's gone. 17 So now before you get a permit, there 18 is a requirement to notify your adjacent property 19 owners. That's probably the most important aspect of 20 it. 21 But also, if you're removing a tree 22 that is not completely dead, the procedure is a lot 23 more involved. You have to fill out a form, a 24 nationally recognized form, listing the potential 25 defects of the tree and its potential targets should