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

Page 41 1 possibly move some of the -- some of the impacts to 2 save some of these trees? 3 A. Well, one of the ways is by -- when we 4 know the lesser desirable trees, the invasive trees 5 that are on this site. 6 And if you target your development in 7 those areas and avoid the larger specimen trees, 8 that's the best way. 9 And maybe, maybe you have to sacrifice 10 one or two of them, but not all of them, you know. 11 So that's basically, you know, you try 12 to make decisions based upon saving the maximum 13 number of trees to the greatest extent possible. 14 Q. So when you look under ordinance 15 section 25-27.7(c), subsection 1C -- 1B, it says: 16 "To the greatest extent possible, 17 specimen trees and other large trees that 18 would be," with a paren, "ten-inch DBH and 19 greater, shall be preserved." 20 Do you believe that the plan achieves 21 that requirement? 22 A. Not to the greatest extent possible. I 23 mean, they are saving some -- some large trees, but 24 they're not -- the largest and most desirable trees 25 on the site are proposed for removal.

Page 42 1 Q. Okay. 2 MR. TURTELTAUB: At this time I have 3 nothing further for Mr. Linson. 4 CHAIRMAN NEUER: Let me turn to 5 Ms. Porter for cross-examination. 6 MS. PORTER: Yes. 7 Thank you, Mr. Chairman. 8 CROSS-EXAMINATION 9 BY MS. PORTER: 10 Q. Now, Mr. Linson, you indicated that you 11 were the former forester for West Orange, and that 12 concluded in 2021? 13 A. Yes. That's -- to the best of my 14 recollection, that's about it, yeah. 15 Q. And you also had indicated that you 16 were not involved in the drafting of or the 17 implementation of anything relating to the new tree 18 ordinance that is currently in effect? 19 A. That's true. 20 Q. Have you walked the site in connection 21 with your analysis and testimony this evening? 22 A. I have not walked the site. 23 Q. Okay. Have you ever -- 24 A. I'd be happy to do so. 25 Q. Have you ever been inside the station

Page 43 1 yard? 2 A. I have not. 3 Q. Okay. In connection with your review 4 this evening, you mentioned that you reviewed, I 5 believe, TR-01, 02 and 03? 6 A. Could you repeat that? 7 Q. Sure. 8 In connection with your testimony this 9 evening, what plans did you review? I believe you 10 mentioned TR-1, -2, and -3. 11 A. Okay. That's -- those are the only 12 ones I've seen, TR-01, 02 and 03. 13 Q. Did you review -- so you did not review 14 the site plans that were submitted in connection with 15 the project? 16 A. I did not have an opportunity to see 17 them. They were not provided for me. 18 Q. Okay. And did you review any existing 19 condition plans showing the existing and current 20 layout of the site? 21 A. Only from my own personal observations 22 from driving past the facility on a weekly basis. 23 Q. Are you aware of any existing site 24 constraints in terms of underground electrical 25 equipment that may limit the placement of electrical

Page 44 1 equipment on the site? 2 A. I have no knowledge of that at all. 3 Q. Okay. And you had previously mentioned 4 before that in your expertise, you believe that the 5 current tree ordinance is one of the strictest that 6 you've seen. Is that correct? 7 A. That's correct. 8 Q. And are you aware of the reports that 9 were issued by the Township forester, Mr. Kipp, in 10 connection with PSE&G's application? 11 A. I am only aware of his report to the 12 extent that he reported that it fulfills the 13 requirement of the ordinance, which is bean counting. 14 You know, if you take down a 30-inch diameter tree, 15 you're replacing it with seven or eight trees, 16 whatever. 17 So from an -- adding up the total, I'm 18 aware that it fulfills the ordinance from that 19 extent, but not from the intent of protecting 20 existing specimen trees. 21 Q. Are you aware that Mr. Kipp indicated 22 that he reviewed and found everything consistent with 23 the tree ordinance? 24 A. I haven't seen his -- seen his report, 25 so I can't really comment on it.

Page 45 1 Q. Okay. 2 A. I -- I do acknowledge him as an expert 3 in the field and we have spoken on other matters, but 4 not this one. 5 Q. Thank you. 6 That was actually my next question, 7 whether you had had any conversations with him about 8 this application or about his findings in connection 9 with it? 10 A. No. We've -- we've discussed the 11 ordinance as it pertains to some other situations, 12 because the -- I have assisted some of these licensed 13 tree care operators in fulfilling the requirement of 14 an application because it -- they need a licensed 15 tree expert to sign off that the tree is actually 16 dead or that it's not dead and, you know, what are 17 the implications of removing it, if we're removing a 18 tree that's not dead. 19 So that's why I am familiar with the 20 ordinance. I guess I have been -- I have assisted 21 several local tree companies in filling out the -- 22 the land fee application, the tree removal 23 application. 24 Q. Thank you. 25 And are you aware of or have you worked

Page 46 1 with Mr. Farr, who is the prior tree forester to the 2 current tree forester? 3 A. His tenure with the town did overlap 4 with my -- with my tenure with the town. 5 He was -- he was retained after me, 6 but, yeah, I've -- I've known Ron for many years. 7 Q. Are you familiar with Mr. Farr's prior 8 determination requiring the removal of multiple trees 9 on site due to their deteriorating condition, as well 10 as due to branches falling that may cause a hazard? 11 A. I haven't seen anything from Mr. Farr 12 on that site -- in regard to the site, but, you know, 13 I -- I know for a fact the trees have not been 14 maintained as -- as they should -- the industry 15 standards of --of pruning trees once every ten years. 16 I know that there's been dead ash trees 17 on the site across from the gas station that have 18 been removed, but I don't have any knowledge of 19 Mr. Farr's presence on the -- on this site at all. 20 Q. Do you have any specific experience 21 with utility arboriculture? 22 A. Do I have experience with arbor 23 horticulture? 24 Q. Utility arboriculture, correct. 25 A. That's -- that's pretty much what I

Page 47 1 practice every day. 2 Q. Specific to -- 3 A. I'm an arborist -- 4 Q. -- utilities? 5 A. I'm an arborist. I'm a forester. I'm 6 a certified tree expert. 7 Q. No, I understand that. 8 And you have specific experience in 9 that capacity in dealing with substations? 10 A. I can't say that. 11 I -- I -- around electricity, yes. I 12 work with trees around electricity all the time. 13 But substations, you know, I -- I -- 14 I've -- I've worked with Jersey Central Power & 15 Light. I've used -- worked with Public Service. 16 I've worked with Butler Electric. I've worked with 17 -- what's the one way up there in, like, West 18 Milford? It's -- it's, like, a New York one. 19 But I've worked with a lot of different 20 utilities over the years. 21 Q. Are you aware of how many existing 22 trees there are on-site that are being preserved? 23 A. Yeah, I have -- they're listed on TR-2 24 and -3, yes. 25 And I'm wondering why you're preserving

Page 48 1 any of the Tree of Heaven. You're preserving eight 2 Tree of Heaven, which, you know, I'm sure the town 3 would be delighted if you removed them. 4 And for some reason, you're -- you're 5 -- you're preserving a couple of ash trees. And I am 6 wondering, the ash trees that you're preserving, are 7 you treating them to prevent emerald ash borer from 8 -- from their demise? Or why aren't you removing 9 them now? 10 Q. In terms of the ordinance, with respect 11 to the new ordinance, how many specific trees are 12 required? 13 A. Well, that would -- 14 MR. TURTELTAUB: Can you just clarify, 15 when you say "required," required to be removed or 16 required to be -- 17 MS. PORTER: Required to be replaced. 18 MR. TURTELTAUB: Okay. Thank you. 19 THE WITNESS: I haven't -- I haven't 20 done that analysis, but I'm sure that -- that 21 Mr. Kipp has. And I would trust his -- his judgment 22 in making that determination. 23 BY MS. PORTER: 24 Q. Okay. Are you aware or have you been 25 made aware that the Applicant is not legally subject

Page 49 1 to the new tree ordinance by virtue of the Time of 2 Application Rule? 3 A. It's actually -- it's one of the few 4 exemptions in the ordinance that -- that exempts 5 utilities. 6 I would -- I would presume that you 7 fall under that. It's my understanding that you've 8 voluntarily -- Public Service has voluntary -- 9 voluntarily subjected itself to the ordinance. 10 Q. Right. 11 So you're actually getting into my next 12 question. There are actually two important 13 provisions within the tree ordinance, one is the one 14 that you just alluded to that I'll get into in a 15 minute, but the other one is a legal measure which 16 protects applicants who are applying who are deemed 17 complete from changes in zoning. 18 And that was specifically recognized in 19 the context of this application; however, PSE&G 20 voluntarily agreed to comply with the new tree 21 ordinance in an effort to further preserve trees. 22 So you do not have any knowledge of 23 that particular applicability of the Time of 24 Application Rule? 25 A. I was -- I was aware that -- that PSE&G

Page 50 1 has voluntarily subjected themselves to the scrutiny 2 of the ordinance. 3 Q. Okay. 4 A. And that's why you're here before the 5 board. 6 Q. Right. 7 And then I guess that second provision 8 that you alluded to, which is actually what I was 9 going to next, is that there are certain exemptions 10 under the tree ordinance, and, importantly, one of 11 them being for utility companies specifically in 12 terms of their replanting, tree preservation, tree 13 removal requirements? 14 A. I'm aware that there is that -- that 15 exemption. 16 Q. And why would you think that that 17 exemption would exist for utility companies versus 18 other developers or other individuals within the 19 Township? 20 A. Well, in terms of Public Service and 21 their ability to provide electric services to our -- 22 our property owners and residents, your -- your -- 23 your methods are subject to the scrutiny of the New 24 Jersey Board of Public Utilities. 25 So you have pruning standards that are