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

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 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 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 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

Page 105 1 warrants removal, I trust his judgment a 2 hundred percent. 3 I seriously doubt we would have any 4 professional differences in the assessment of a tree. 5 Q. Thank you. 6 Are you aware that the plans that you 7 reviewed, the TR-01, -2 and -3, do you distinguish 8 between viable and non-viable trees being removed, 9 specifically on TR-02? 10 A. You know, basically the unfortunate 11 thing about that report is it doesn't have a column 12 indicating the condition of the tree. 13 So, you know, in looking at it, I have 14 to presume that they were healthy trees if they're 15 not being removed. 16 And, you know, I did -- my emphasis in 17 reviewing, you know, TR-1, -2, and -3 was to look for 18 the largest trees that were existent since the -- the 19 initial planting and development of the site and to 20 try to preserve those. And, you know, I -- I 21 acknowledged a lot of the other trees that were 22 volunteers that were self-planted on the site. 23 But my emphasis was to try to preserve 24 as many trees as possible, but certainly the original 25 planted trees, the -- the Colorado blue spruce, the

Page 106 1 Norway spruce, the willow oaks, the Little Leaf 2 Lindens, the London planes, the Doug fir, the horse 3 chestnut. 4 Those were the ones that I specifically 5 noted on my plan and highlighted them and 6 cross-referenced whether they were being preserved or 7 proposed for removal. 8 So, again, I was -- you know, the 9 smaller trees can be replaced, but the larger trees, 10 you know, they provide a benefit, a visual screening 11 of the site that cannot be replaced any time soon. 12 Q. Thank you. 13 Are you aware of any language in the 14 ordinance that mandates that alternatives be 15 considered when -- with respect to designing a site? 16 A. It's kind of subjective in terms of, 17 you know, the purpose and intent of it is to try to 18 preserve trees. So you would hope that all of the -- 19 all of the options to preserve a tree would be 20 exhausted before it becomes evident that the tree has 21 to be removed. 22 So I'm just not aware that all of the 23 options have been considered. 24 And, again, I just -- if the driveway 25 was slightly configured, if the improvements on the

Page 107 1 -- on the east side of the property were moved closer 2 to the -- to the Prospect Avenue property line, if it 3 were possible to do that, it appears to me we could 4 preserve some trees. 5 So all -- I am asking the question, but 6 I don't have the answer whether all of those possible 7 options, you know, in altering the plans are possible 8 or not. 9 But that's something for the board to 10 consider after hearing the testimony of the other 11 experts. 12 Q. Thank you. 13 Are you aware that additional review of 14 the potential for tree preservation was done after 15 the initial report was received from the township 16 forester and that 17 trees were identified that 17 allowed for them to also be saved, based on the 18 voluntary consideration? 19 A. Well, I'm -- that's news to me and I'm 20 glad to hear it. 21 But the only -- the only reference that 22 I had was TR-01, -02 and -03, and what I could see 23 from the street. 24 Q. And than lastly, you did speak of how 25 the ordinance works in terms of the replacement trees

Page 108 1 and the intent that, you know, should a tree be 2 removed, that it will be replaced, and that there is 3 the ability for multiple replacements replace one 4 existing tree, depending upon the nature, size, type, 5 et cetera. 6 Are you aware of the fact that PSE&G is 7 proposing an additional 317 trees to the 338 trees 8 on-site for a total of over 700 trees that will exist 9 on the property as part of this proposed development? 10 A. That's news to me. 11 I haven't seen a replacement plan or 12 anything like that. 13 As I say, the only thing I have seen is 14 TR-01, -02 and -03. 15 MS. PORTER: Thank you. 16 I have no further questions. 17 THE WITNESS: Okay. 18 CHAIRMAN NEUER: Thank you, Mr. Linson. 19 THE WITNESS: Okay. 20 CHAIRMAN NEUER: It was good seeing you 21 again. 22 Mr. Turteltaub, who's your next 23 witness? 24 You know we stop at 11. 25 MR. TURTELTAUB: Yes, we'll hopefully

Page 109 1 get this started, maybe throughout the direct 2 testimony. 3 This would be Robin Blanton. 4 CHAIRMAN NEUER: Ms. Brill, will you 5 try to find Robin Blanton. 6 MS. BRILL: Sure, he's raising his 7 hand. 8 I'm moving him over right now. 9 There he is. 10 CHAIRMAN NEUER: There he is, is right. 11 Welcome, Mr. Blanton. Your microphone 12 is off, sir, you have to turn it on. 13 Now it's on. 14 Mr. DeLuca, would you be so kind as to 15 swear the witness? 16 MR. DeLUCA: Certainly. 17 Mr. Blanton, if you could please raise 18 your right hand. 19 Do you solemnly swear to tell the 20 truth, the whole truth and nothing but the truth? 21 MR. BLANTON: I do. 22 R O B I N B L A N T O N, PE 23 P.O. Box 1351, Raleigh, NC, having been duly 24 sworn, testifies as follows: 25 MR. DeLUCA: Thank you.

Page 110 1 CHAIRMAN NEUER: Mr. Turteltaub? 2 3 VOIR DIRE EXAMINATION 4 BY MR. TURTELTAUB: 5 Q. Mr. Blanton, if you could, could you 6 please give the board the benefit of your background 7 and experiences, please. 8 A. I have a bachelor of science degree in 9 electrical engineering and have worked for utilities 10 since I graduated from Clemson University in 1982. 11 I have experience doing substation 12 design, maintenance and responsibility for substation 13 sighting, and worked for mainly municipal and 14 electric co-ops over the course of my career. 15 And then starting in 2017, started 16 working for a consulting engineering firm and a 17 working -- continue to work for a consulting firm and 18 -- to this day. 19 Q. And when you say a consulting 20 engineering firm, what firm is that and what is your 21 position with that firm? 22 A. At the present time, I have my own 23 consulting engineering firm, R.W. Blanton PLLC. 24 I work with a couple utilities and do 25 consulting and assist other consultants with work