Noticing Documents

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EXHIBIT D

irefox, of 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 (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, 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 YMAKER 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. Very truly yours, BITTIGER ELIAS TRIOLO & DIEHL, P.C. Dated: November 27, 2024

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