WayMaker letter

GACCIONE POMACO ROBERT A. GACCIONE MICHAEL J. PIROMALLI FRANK POMACO A PROFESSIONAL CORPORATION STEVEN M. AHRENDT DENNIS E. GAGLIONE ONE BOLAND DRIVE WILFREDO CARABALLO ALDO DITROLIO ANTHONY G. DEL GUERCIO. SUITE 102 Of Counsel WEST ORANGE, NEW JERSEY 07052 (973) 759-2807 TELEFAX: (973) 759-6968 LESLIE W. FINCH (1973-2000) DIANA POWELL McGOVERN December 4, 2024 Via email: ptriolo@bittigerelias.com Priscilla J. Triolo, Esq. Bittiger, Elias, Triolo & Diehl 12 Route 17 North, Suite 206 Paramus, New Jersey 07652 RE: The WayMaker, LLC 40 Eagle Ridge Way Block 106, Lot 20.03 Dear Ms. Triolo: As you may recall, I am the attorney for the West Orange Planning Board. I have now had the opportunity to confer with the attorney for the Zoning Board, Steven Warner, Esq. and as follow up to my November 27, 2024, I must point out some other significant application deficiencies. First, as you should already know, your client’s application was incorrect in that, among other things, it purported to seek preliminary and final site plan approval and for a single-family home. Pursuant to N.J.S.A. 40:55D-37 “individual lot applications for detached one- or two-family dwelling unit buildings shall be exempt from ...site plan review and approval.” Therefore, the application was filed with the wrong board and should have been directed to the Zoning Board for review. Further, while your application states that there are no required variances, please see the attached reports from the Board’s Engineering Expert and Planning Expert. Specifically attached is the report by Philip Scott, P.E., C.M.E. of Matrix New World Engineering dated November 26, 2024 and a report by Gerard M. Haizel, PP, AICP, Principal of Nishuane Group dated November 29, 2024. Both the Board’s Engineer and Planner find that the boulder retaining wall is in violation of Ordinance 25-8.4a. Of note, on page 10 of the Planner’s report, Mr. Haizel states: Further, the applicant provides no details of this wall on their plans, including the height, composition or construction details. In my opinion, it is not possible for the Board to fully assess this wall, without the necessary construction detail, which is not provided as part of the application. To that end, the applicant should provide details of the proposed boulder wall, {40 Eagle Ridge Way 2nd letter to atty}- SERVING THE COMMUNITY FOR MORE THAN

not provided as part of the application. To that end, the applicant should provide details of the proposed boulder wall, {40 Eagle Ridge Way 2nd letter to atty}- SERVING THE COMMUNITY FOR MORE THAN 50 YEARS - -

including construction details and the proposed finished height. The applicant should insure that this wall complies with the required standards pursuant to Township of West Orange Zoning Ordinance §25-8.4a or provide justification for a variance to permit the deviation from the required standard. (emphasis original) Additionally, the application filed on behalf of your client fails to request a soil movement permit. (No. 14 of Section D of the Application “Type of Application.”) The Matrix report finds that the amount of soil disturbance of over one acre of land creates the need for a Major Site Plan under the Township’s Storm Water Management regulations and therefore requires a Soil Removal Permit which was not included in your application. Finally, though the Construction Board of Appeals issued a fine to your client for construction of the wall without a permit on July 16, 2024 in the amount of $2,000.00, as of this time this fine remains unpaid to the Township of West Orange. Please correct the above noted deficiencies in order to render the application complete. The corrected application should be filed with the correct board (the Zoning Board), or if you prefer, we will administratively transfer the application to the Zoning Board, either of which would need to be done to start the 45-day clock to deem the application complete. To be clear; however, the 45-day clock to deem the application complete, never commenced and, as such, the application could never have been, and was not, automatically deemed complete by default. Similarly, the 120-day clock that starts post completeness determination never commenced and, therefore, the application never could have been, and was not, deemed an automatically approved by default due to the expiration of the time to act. We reserve all rights and remedies concerning all aspects of the project and the pending application. Thank you. Very truly yours, : 0 i, Ae franc Aut AKA, DIANA POWELL MCGOVERN, ESQ. E-mail: dmegovern@gpmlegal.com Cec: Steven Warner, Esq.- warner@centraljerseylaw.com West Orange Zoning Official- zoningofficial@westorange.org Jamilet Baquerizo Vite- jvite@westorange.org {40 Eagle Ridge Way 2nd letter to atty}- SERVING THE COMMUNITY FOR MORE THAN 50 YEARS - -

Matrix New World Engineering, Land Surveying and Landscape Architecture, PC 26 Columbia Turnpike Florham Park, NJ 07932 973.240.1800 FF: 973.240.1818 www.mnwe.com MATRIXNEWORLD Engineering Progress November 26, 2024 Via E-mail (jivite@westorange.org) Planning Board Township of West Orange 66 Main Street West Orange, New Jersey 07052 Attn.: Jamilet Baquerizo Vite — Planning Board Secretary RE: ENGINEERING REVIEW FOR THE WAY MAKER, LLC, INGROUND POOL AND POOL BUILDING WEST ORANGE PLANNING BOARD APPLICATION No. PB 24-19 40 EAGLE RIDGE WAY (BLOCK 106, LOT 20.03) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY MATRIX No. 23-1345-08 Ms. Vite, As requested, Matrix New World Engineering, Land Surveying and Landscape Architecture, PC (Matrix) has reviewed the Planning Board application and supporting documentation for the above-referenced site. Matrix has prepared a technical engineering review of the proposed improvements at the subject. It shall be noted that our review of the project is limited to site / civil engineering only. Matrix defers all planning matters, including but not limited to, bulk and/or use variances, conformance with the master plan and ordinances, etc. As provided by your office, Matrix has received and reviewed the following documents for this project: e 40 Eagle Ridge Way Public Utilities List; ¢ Property Buffer Report (200-foot owner list) for Block 106, Lot 20.03, prepared by the Office of the Tax Assessor, Township of West Orange, dated August 20, 2024; © Proof of Payment for Major Site Plan Application Fee from Bittiger Elias and Triola, PC, dated September 18, 2024; * Township of West Orange Application Form for Planning Board or Zoning Board of Adjustment, dated September 18, 2024; e Letter of Explanation prepared by Priscilla J. Triolo, Esq., dated September 18, 2024; e Letter of Transmittal Prepared by Priscilla J. Triolo, Esq, dated September 18, 2024; © Verification of Taxes and Sewer Charges Paid, Block 106, Lot 20.03, 40 Eagle Ridge Way, prepared by the Office of the Tax Collector, dated August 20, 2024; e Unsigned and Unsealed Stormwater Management Report, Block 106, Lot 20.03, prepared by Colliers Engineering & Design, Inc., dated September 16, 2024; « Signed but unsealed property survey drawing for Block 106, Lot 20.03, entitled “Topographic Survey,” prepared by Roberts Engineering Group, LLC, dated February

sign, Inc., dated September 16, 2024; « Signed but unsealed property survey drawing for Block 106, Lot 20.03, entitled “Topographic Survey,” prepared by Roberts Engineering Group, LLC, dated February 10, 2021; 23-1345-008 — PB24-19 (TheWayMaker LLC — 40 Eagle Ridge Road) Page 1 of 3

MATRIXNEWORLD Engineering Progress « Signed but unsealed property survey drawing for Block 106, Lot 20.02, entitled “Boundary and Topographic Survey”, prepared by Omland and Osterkorn, Inc., dated May 22, 2024; and * Signed but unsealed set of engineering drawings, prepared by Colliers Engineering & Design, Inc., dated September 17, 2024, including the following sheets: o Cover Sheet (Sheet 1) o Demolition Plan (Sheet 2) o Layout Plan (Sheet 3) o Grading and Drainage Plan (Sheet 4) o Landscape Plan (Sheet 5) o Soil Erosion & Sediment Control Plan (Sheet 6) o Construction Details -1 (Sheet 7) o Construction Details — 2 (Sheet 8) PROJECT DESCRIPTION Matrix understands that the Owner and Applicant for this application is TheWayMaker, LLC, mailing address: 40 Eagle Ridge Way, West Orange, New Jersey. As per the Township’s Zoning Map (last revised 2020), the subject parcel (Block 106, Lot 20.03) is located in the ‘R-1’ (Residential, 80,000 square foot minimum area) zoning district along Eagle Ridge Way, approximately 200 feet from the intersection of Eagle Ridge Way and Boland Drive. The subject property is approximately 2.067 acres and is presently developed with a single-family house with an attached garage, a pool house that is under construction, and an inground pool that is under construction. Also under construction are drainage collection, conveyance and storage facilities and a retaining wall. Below is a summary of the proposed property improvements: Approximately 1.88 acres of the subject property either has or will be disturbed to accommodate the pool building and inground pool which are under construction and the drainage facilities, some which have been constructed and others to be constructed as part of this application. Since more than one acre of land is being disturbed for these improvements, this application is considered a Major Site Plan under the Township's Storm Water Management regulations. As stated, the pool building and inground pool are under construction. When the original plans were submitted, less than one acre was being disturbed and thus the improvements were not considered a Major Site Plan. However, during construction it was determined that more than an acre was disturbed and work stopped pending approval of the Planning Board. The pool building and inground pool are considered accessory uses. The engineering drawings do

determined that more than an acre was disturbed and work stopped pending approval of the Planning Board. The pool building and inground pool are considered accessory uses. The engineering drawings do not depict any trees to be removed as any trees disturbed by the construction were previously removed and a permit was issued by the Township Forester. The applicant submitted a Landscape Plan that depicts new proposed plantings. 1. General 1.1. Architectural drawings were not provided as part of the submission materials for the pool building and pool. As such, we are unable to ensure that the proposed building complies with the residential building design criteria specified in Ordinance §25-9.7(b). The Applicant shall provide architectural drawings for further review. However, permits were already issued for these two uses. 2. Demolition 2.1. The Applicant shall provide testimony regarding the intention to remove any additional trees and obtaining a Tree Removal Permit pursuant to Ordinance §25-27. 3. Layout Plan 3.1. The Applicant shall provide testimony regarding the existing site conditions, proposed improvements, and conformance with applicable ordinances and regulations. 23-1345-008 — PB24-19 (TheWayMaker LLC — 40 Eagle Ridge Road) Page 2 of 3

3.2. MATRIXNEWORLD Engineering Progress A boulder wall that is over ten feet in height was constructed along the rear property line. No permit was issued for this wall and since it is over six feet in height, the wall violates Ordinance 25-8.4a. A violation notice was issued. To bring the wall into compliance with the Ordinance, the plan proposes to place fill material along the face of the wall. However, a construction detail of this wall is required and since the original wall exceeded four feet, a building permit must also be obtained. The wall will need to be inspected and certified. 4. Grading & Drainage Plan 41. 4.2. 4.3. 44. The Applicant's engineer shall provide details of the previously installed drywell system/seepage tank field. The Applicant's engineer shall provide clarify how stormwater runoff will discharge from the existing drywell system/seepage tank field. If there is an outflow pipe connecting to an off-site system, it shall be detailed on the plans and noted in the stormwater management report. The Applicant's engineer shall explain the purpose of removing the portion of the 36” elliptical pipe and the addition of the proposed single chamber outlet control structure and scour hole at the southwest corner of the property. This change in the drainage system shall also be addressed in the stormwater management report. The Applicant's engineer shall provide results of a geotechnical investigation to ensure the infiltration system meets the requirements of Chapter 12 of the NJ Stormwater Best Management Practices (BMP) Manual. Verification of the depth of bedrock and seasonal high-water table shall be submitted to the Municipal Engineer and confirmed prior to the issuance of a building permit. 5, Landscaping Plan 5.1 Matrix has no comment on the landscaping plan. 6. Soil Erosion & Sediment Control 6.1. The Applicant shall obtain a soil erosion and sediment control permit from the Hudson-Essex-Passaic Soil Conservation District. Matrix reserves the right to review the certification and approved plans from the district. We thank you for the opportunity to be of service to the Township of West Orange Planning Board. Please feel free to contact me directly with any questions or comments at (973) 295-3279 or via e-mail at pscott@mnwe.com. Sincerely, MATRIX NEW WORLD ENGINEERING PL hoo y Acie / 4 Phillip Scott, P.E.,

feel free to contact me directly with any questions or comments at (973) 295-3279 or via e-mail at pscott@mnwe.com. Sincerely, MATRIX NEW WORLD ENGINEERING PL hoo y Acie / 4 Phillip Scott, P.E., C.M.E. Director of Urban Engineering and Development LL:PS Enclosures Ce: Dennis Petrocelli, PG — Vice President, Matrix F:\2023123-1945 West Orange 2024 Municipal Engineering Services\008 - PB-24-19, TheWayMaker LLC - 40 Eagle Ridge Way\Correspondence\Letters\23-1345-008 - PB-24-19 - 40 Eagle Ridge Way - Engineering Review docx 23-1345-008 — PB24-19 (TheWayMaker LLC — 40 Eagle Ridge Road) Page 3 of 3

105 Grove Street, Suite 3 NISHUANE Montclair, NJ 07042 GROUPE 973.954.2677 ECONOMIC, COMMUNITY DEVELOPMENT, AND LAND USE www NishuaneGroup.com MEMORANDUM TO: Township of West Orange Planning Board FR: Gerard M. Haizel, PP, AICP, Principal RE: PB-24-19 - 40 Eagle Ridge Way Block 106, Lot 20.03 DT: November 29, 2024 The following is prepared on behalf of the West Orange Planning Board. The information is for advisory purposes only and is intended to assist the Board’s decision-making process. Below are descriptions of the projects based on the supplied plans and documentation as well as commentary on issues evident from them. Items Reviewed in preparation of this report, | have reviewed the following items: © Township of West Orange Application form for the Planning or Zoning Board of Adjustment, dated September 18, 2024. © Correspondence: Proposal for Application of TheWayMaker, LLC, 40 Eagle Ridge Way, Block 106, Lot 20.03, dated 9-18-2024, from Priscilla ). Triolo, Esq., of Bittiger Elias Triolo & Diehl, Attorney for the Applicant. * Site Plans titled Preliminary & Final Site Plan, The Waymaker LLC Proposed Residential Improvements, Block 106 Lot 20.03, Township of West Orange Essex County, New Jersey, consisting of eight (8) sheets, dated 9-17-2024, prepared by Jesse Cokeley, PE of Colliers Engineering & Design, Inc. » Boundary & Topographic Survey at 40 Eagle Ridge Way, Township of West Orange, Essex County, New Jersey, consisting of one (1) sheet, dated 05-22-2024, prepared by Kiersten Osterkorn, PE, PLS, PP of Omland & Osterkorn, Inc. © Topographical Survey for TheWayMaker, LLC, Lot 20.03, Block 106, 40 Eagle Ridge Way, Township of West Orange, Essex County, New Jersey, consisting of one (1) sheet, dated 02-10-2021, prepared by Ted W. Pivovarnick, PLS of Roberts Engineering Group, LLC.