De Minimis Exception Request Letter 7 18 2024

LAW OFFICES HUTT SHIMANOWITZ & PLOCKER A PROFESSIONAL CORPORATION STEWART M. HUTT (1929-2013) RONALD L. SHIMANOWITZ  459 AMBOY AVENUE DAVID M. HUTT + P.O. BOX 648 BRYAN D. PLOCKER WOODBRIDGE, NEW JERSEY 07095 JANICE K. SCHERER∞ THOMAS J. PERRY DAVID T. FERRARA KEVIN M. KILLMURRAY∞ CHRISTOPHER M. WALL∞ TEL: (732) 634-6400 FAX: (732) 634-0718  ALSO ADMITTED NY BAR + ALSO ADMITTED FL BAR ∞ OF COUNSEL July 18, 2024 VIA EMAIL AND REGULAR MAIL Ms. Jamilet Baquerizo Vite Township of West Orange Planning Board 66 Main Street West Orange, NJ 07052 Re: West Essex Highlands, Inc. Application No. PB 24-01 Block 179, Lot 32 Written Request for De Minimis Exception from RSIS Dear Ms. Vite: This firm represents the applicant, West Essex Highlands, Inc. (“Applicant”), in connection with the above-referenced matter, in which public hearings are scheduled before the West Orange Planning Board on July 30 and July 31, 2024. Please accept this correspondence in support of the Applicant’s request for a de minimis exception from New Jersey’s Residential Site Improvement Standards (“RSIS”) to allow the closure of Kuzik Drive except for emergency access, pursuant to N.J.A.C. 5:21-3.1. By way of background, Applicant’s proposed site plan provides full, regular access to the proposed development via Kuzik Drive and Warner Road, with emergency access provided to the north via two single-family lots which are presently vacant. Pursuant to Applicant’s settlement agreement with the Township of West Orange (the “Township”) and the West Essex Highlands Condominium Association, Inc. (the “Association”) in connection with the Township’s third round affordable housing litigation, Applicant agreed to seek relief from any RSIS requirement in order to have Kuzik Drive closed to regular traffic and provide emergency access only. Statement of the RSIS Requirement From Which an Exception is Sought Applicant seeks a de minimis exception from N.J.A.C. 5:21-4.1 (Table 4.2). With Warner Road and Kuzik Drive open, each street would constitute one-half of a loop configured “minor collector.” With such a configuration, RSIS provides that the total traffic volume conveyed on the entire loop (both streets) should not exceed 3,500 ADT and the traffic on any half of the loop should not exceed 1,750 ADT. As will be testified to by Applicant’s traffic engineer, of the