De Minimis Exception Request Letter 7 18 2024

LAW OFFICES HUTT SHIMANOWITZ & PLOCKER A PROFESSIONAL CORPORATION anticipated total daily vehicle trips of 2,728, at least 1,000 trips would pass through Kuzik Drive, thereby satisfying the RSIS standard. If Kuzik Drive was closed to regular traffic and left open for emergency access only, then Warner Road would be classified as a “multifamily access cul-de-sac” with a maximum of 1,000 ADT allowed under RSIS. Accordingly, the number of vehicle trips with Kuzik Drive closed would exceed the RSIS maximum by 1,728 trips. Hence, the need for a de minimis exception. Manner By Which Strict Compliance Would Result in Practical Difficulties, and the Nature and Extent of Those Practical Difficulties The Applicant recognizes that the opening of Kuzik Drive to the normal flow of traffic to and from the proposed residential community will exact an unnecessary and undue hardship on the existing residents of the West Essex Highlands Condominium along Kuzik Drive. This was a major point of discussion with the Association and the Township in connection with the negotiation of the Court-approved settlement agreement, which was vetted by the Township’s professionals, including a traffic engineer. The requested de minimis exception to provide only emergency access gated control on Kuzik Drive meets the intents and purposes of RSIS. The connection is not needed to accommodate the normal daily flow of traffic to and from the new community as sufficient access is provided via the Warner Road extension, but public safety is not compromised because Kuzik Drive will accommodate emergency access. Moreover, as part of its obligations to the Association, Applicant will be installing improvements to existing Warner Road, converting Warner Road to a boulevard, thereby allowing Warner Road to better service both the proposed development and the Condominium. At the public hearing before the Planning Board, Applicant’s traffic engineer and professional planner will address the foregoing request for a de minimis exception. Very truly yours, /s/ Bryan D. Plocker BRYAN D. PLOCKER, ESQ. Bplocker@huttshim.com cc: Diana McGovern, Esq. (via email)