Noticing Documents

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EXHIBIT D

Firefox - lof 1 The Star-Ledger, Newark The Star-Ledger Publication Name: The Star-Ledger, Newark Publication URL: www.nj.com/starledger Publication City and State: Newark , NJ Publication County: Essex Notice Popular Keyword Category: Notice Keywords: eagle ridge Notice Authentication Number: 202411261608250343344 1614391562 Notice URL: Back Notice Publish Date: Friday, November 22, 2024 Notice Content https://www.njpublicnotices.com/(S(ehiykdqsbx03ehfu4wpziczq))/De... NOTICE OF DEFAULT APPROVAL TOWNSHIP OF WEST ORANGE ESSEX COUNTY, NEW JERSEY (NN.J.S.A. 40:55D-10.4) BITTIGER ELIAS TRIOLO & DIEHL P.C. 12 ROUTE 17 NORTH, SUITE 206 PARAMUS, NEW JERSEY 07652 TELEPHONE: (201) 438-7770 FACSIMILE: (201) 438-5726 Attorneys for Applicant, THEWAYMAKER, LLC IN RE: APPLICATION FOR PRELIMINARY AND FINAL MAJOR SITE PLAN APPROVAL TO TOWNSHIP OF WEST ORANGE PLANNING BOARD NOTICE OF DEFAULT APPROVAL PLEASE TAKE NOTICE that in accordance the provisions of N.J.S.A. 40:55D-10.4, THEWAYMAKER LLC claims approval of its application for Preliminary and Final Major Site Plan without variances affecting 40 Eagle Ridge Way, Lot 20.03, Block 106, in the Township of West Orange, Essex County, New Jersey by reason of the failure of the Township of West Orange Planning Board to grant or deny approval within the statutory time period after submission of its complete application as set forth in N.J.S.A. 40:55D-50 (b). BITTIGER ELIAS TRIOLO & DIEHL, P.C. Attorneys for the Applicant By: /S/ PRISCILLA J. TRIOLO, ESQ PRISCILLA J. TRIOLO, ESQ Dated: November 18, 2024 11/22/24 $72.98 Back 11/26/2024, 5:08 PM

REQUEST TO ADMINISTRATIVE OFFICE FOR CERTIFICATE OF DEFAULT APPROVAL To: Planning Board Secretary, Jamilet Baquerizo Vite Planning Board Chairperson, Dr. Robert Bagoff as per N.J.S. 40:55D-10.4c) Township of West Orange 66 Main Street, Room 214 West Orange, N.J. Re: 40 Eagle Ridge Way Block 106 Lot 20.03 Final Major Site Plan Application — Default Approval Dear Secretary Vite and Chairperson Bagoff: This office represents THEWA Y MAKER LLC with respect to the above captioned matter. Please be advised that our client claims approval of its application by reason of the failure of the Planning Board to grant or deny approval within the statutory time. In accordance with the provisions of N.J.S. 40:55D-50b, we are hereby requesting that your office issue a certificate as to the failure of the planning board to act within the required time period. Enclosed is a draft of such a certificate and we request that you sign the same and return it to this office at this time. Pursuant to N.J.S. 40:55D-10.4c, I have enclosed for filing an affidavit of Proof of Service of a Notice of Default Approval and an Affidavit of Publication of the Notice of Default Approval. Dated: November 27, 2024 Very truly yours, BITTIGER ELIAS TRIOLO & DIEHL, P.C. meys for TH Y MAKER LLC By Priscilla J. Triol

CERTIFICATE OF DEFAULT APPROVAL Township of West Orange County of Essex November 27, 2024 Re: Certificate of Failure as to the Planning Board to act on the Application of THEWAYMAKER LLC for Preliminary and Final Major Site Plan Approval With No Variances Affecting 40 Eagle Ridge Way Lot 20.03 Block 106 , as shown on the Township Tax Map. To Whom It May Concern: I hereby certify that the Planning Board of the Township of West Orange did not act to approve, grant or deny the application of THEWAYMAKER LLC for Preliminary and Final Major Site Plan affecting 40 Eagle Ridge Way, Lot 20.03 Block 106 as shown on the tax Map of said Township of West Orange, within 45 days of the submission of complete application contrary to N.J.S. 40:55D-50b. In accordance with N.J.S. 40:55D-50b this Preliminary and Final Major Site Plan with No Variances is deemed approved and this letter serves as certification of failure of the Planning Board to act in accordance with the statutory time frames and shall serve as sufficient authority in lieu of the written endorsement or other evidence of approval and shall be so accepted by all Township officials and, where appropriate, by the county recording officer for purposes of filing. Very truly yours, Jamilet Baquerizo Vite Planning Board Secretary

BITTIGER ELIAS TRIOLO & DIEHL P.C. 12 Route 17 North, SUITE 206 PARAMUS, NEW JERSEY 07652 TELEPHONE: (201) 438-7770 FACSIMILE: (201) 438-5726 Attorneys for Applicant, The Waymaker, LLC In the Matter of the Application for TOWNSHIP OF WEST ORANGE Preliminary and Final Major Site Plan Approval to Township of West Orange Planning Board AFFIDAVIT OF MAILING RE: 40 Eagle Ridge Way AND PUBLICATION Block 106, Lot 20.03 STATE OF NEW JERSEY } } SS: COUNTY OF BERGEN } AMY L. RUPLALL, of full age, being duly sworn according to law upon her oath, deposes and says: L J am a paralegal employed by Bittiger Elias Triolo & Diehl P.C. attorneys for the Applicant in the above-entitled matter. 2: On November 22, 2024, I provided the Notice of Default Approval to all property owners located within two-hundred (200) feet of the property affected by this Application, as well as to all utility companies providing service to the Township of West Orange. Said notice was provided by mailing the Notice of Default Approval (a true and correct copy of which is annexed hereto as “Exhibit A”) to the parties set forth in the Buffer Report and Utility Listing provided by the Tax Assessor of the Township of West Orange (a true and correct copy of which is annexed hereto as “Exhibit B”) by certified mail, return receipt requested, with required postage thereon. Annexed as “Exhibit C” are the certified mail receipts demonstrating the certified mailing to the property owners and utility companies in the Township of West Orange.

3. On November 22. 2024. at least ten (10) days before the hearing. we published the Notice of Default Approval in the Star Ledger. A copy of the Affidavit of Publication has not yet been provided, but will be furnished to the Township upon our receipt of same. However. a copy of the Notice that was published on the Star Ledger's website with a publish date of November 22. 2024 is annexed hereto as “Exhibit D.” Sworn and subscribed to before me on this day of ADVE. 2024, A Lay, Evdoxia Hatzioannou Notary Public, State of New Jersey My Commission Expires October 9, 2026

EXHIBIT A

NOTICE OF DEFAULT APPROVAL TOWNSHIP OF WEST ORANGE ESSEX COUNTY, NEW JERSEY (N.J.S.A. 40:55D-10.4) BITTIGER ELIAS TRIOLO & DIEHL P.C. 12 ROUTE 17 NORTH, SUITE 206 PARAMUS, NEW JERSEY 07652 TELEPHONE: (201) 438-7770 FACSIMILE: (201) 438-5726 Attorneys for Applicant, THEWA YMAKER, LLC IN RE: APPLICATION FOR NOTICE OF PRELIMINARY AND FINAL DEFAULT APPROVAL MAJOR SITE PLAN APPROVAL TO TOWNSHIP OF WEST ORANGE PLANNING BOARD PLEASE TAKE NOTICE that in accordance the provisions of N.J.S.A. 40:55D-10.4, THEWAYMAKER LLC claims approval of its application for Preliminary and Final Major Site Plan without variances affecting 40 Eagle Ridge Way, Lot 20.03, Block 106, in the Township of West Orange, Essex County, New Jersey by reason of the failure of the Township of West Orange Planning Board to grant or deny approval within the statutory time period after submission of its complete application as set forth in N.J.S.A. 40:55D-50 (b). BITTIGER ELIAS TRIOLO & DIEHL, P.C. Attorneys for the Applicant By: Pace CQ). Facobe, Cb2. PRISCILLA ds TRIOLO, ESQ. Dated:November 18, 2024

EXHIBIT B