40 EagleRidge Way

ROBERT A. GACCIONE FRANK POMACO. DENNIS E. GAGLIONE ALDO DITROLIO ANTHONY G. DEL GUERCIO DIANA POWELL McGOVERN Via email: ptriolo@bittigerelias.com Priscilla J. Triolo, Esq. Bittiger, Elias, Triolo & Diehl 12 Route 17 North, Suite 206 Paramus, New Jersey 07652 GACCIONE POMACO A PROFESSIONAL CORPORATION ONE BOLAND DRIVE SUITE 102 WEST ORANGE, NEW JERSEY 07052 (973) 759-2807 ‘TELEFAX: (973) 759-6968 November 27, 2024 RE: The WayMaker, LLC 40 Eagle Ridge Way Block 106, Lot 2003 Dear Ms. Triolo: MICHAEL J. PIROMALLI STEVEN M. AHRENDT WILFREDO CARABALLO. Of Counsel LESLIE W. FINCH (1973-2000) It has been brought to my attention that on behalf of your client, The WayMaker, LLC, you served notices of “Default Approval” upon the neighbors of the above referenced property and published the Notice of Default Approval in the Star Ledger on November 22, 2024. I am the attorney for the Planning Board of West Orange and have now had the opportunity to review the application that you submitted to the Planning Board Secretary. The application submitted is not complete and therefore your request that the default approval be certified by the Board Secretary is denied. The plan shows a retaining wall “under construction” which is known to be over eight feet in height and found to be violative of the Township Ordinances as per the ruling of the Essex County Construction Board of Appeals in July of 2024 (attached is the decision of the Board dated July 16, 2024). You and your client were made fully aware that the wall requires a variance as it is in violation of West Orange Ordinance 25-8.4a. Therefore, as the application failed to include the required variance relief (or pay the fees associated with the required variance), this application continues to be incomplete. (Please see West Orange Code, §25-51.2(j) which requires “A listing of all variance requests, waiver requests of miscellaneous design standards and checklist waiver requests.”) In addition to the variance for the unusually high wall (only a four (4”) foot wall is permitted by Code without a variance, where here the wall is double the permitted height), the project also requires a soil movement permit (which you also fail to indicate on the application.) {00464463} SERVING THE, COMMUNITY FOR MORE THAN 50 YEARS - -