40 Eagle Ridge Way West Orange Planner Report

105 Grove Street, Suite 3 NISHUANE vena esosa.2677 GROUPE “oun 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 J. Triolo, Esq., of Bittiger Elias Triolo & Diehl, Attorney for the Applicant. e 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.

November 29, 2024 Page 2 of 11 NISHUANE PB-24-19 GROUPE 40 Eagle Ridge Way ECONOMIC, COMMUNITY DEVELOPMENT, AND LAND USE Block 106, Lot 20.03 « Stormwater Management Report, Proposed Residential Improvements, Block 106, Lot 20.03, Township of West Orange, Essex County, NJ, dated 9-16-2024, prepared by Jesse Cokeley, PE of Colliers Engineering & Design, Inc. e 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, dated 11-26- 2024, prepared by Philip Scott, PE, CME of Matrix New World Engineering Project Summary On property located in the Township’s R-1 (One-Family dwellings on 80,000 square foot lots) District, the applicant, TheWayMaker, LLC, proposes to undertake site work on a lot with an existing one-family dwelling. The proposed site work includes the installation of a subsurface chamber infiltration basin in the rear yard, as an enhancement to a previously approved stormwater seepage pit detention system. The proposed subsurface detention system will also allow for the enlargement of the surface area of collection for the yard. Additionally, the proposed scope of work will include the repair of an existing boulder wall at the rear of the property, as well as landscaping. The proposed development on the site was subsequently deemed to be a “major development” and as such, is required to comply with the provisions of Township of West Orange Zoning Ordinance §25-29.4 — Stormwater Management Requirements for Major Developments, which requires additional stormwater collection, which will be placed underground in the rear yard. The existing one-family detached dwelling and accessory pool and pool house on the site are permitted in the R-1 District. However, the proposed development does not appear to meet all the required bulk and design standards for this use. The applicant is also seeking major preliminary and final site plan approval for this application. Required Variance Relief Wall Height — Pursuant to the Township of West Orange Zoning Ordinance §25- 8.4a, walls and fences which are not more than 50% solid are permitted anywhere on the property, in all districts, provided they are not higher than 4-feet. The applicant constructed a boulder wall on the eastern perimeter of the

are not more than 50% solid are permitted anywhere on the property, in all districts, provided they are not higher than 4-feet. The applicant constructed a boulder wall on the eastern perimeter of the site that extends above the maximum permitted height, for which no approvals were sought nor conveyed and_a_ violation notice was previously issued. A C-variance is required to permit a wall at greater height than permitted. 105 Grove Street, Suite 3, Montclair, NJ 07042 * Phone: (973) 954-2677 * www.NishuaneGroup.com

November 29, 2024 Page 3 of 11 NISHUANE PB-24-19 GROUPE 40 Eagle Ridge Way ECONOMIC, COMMUNITY DEVELOPMENT, AND LAND USE Block 106, Lot 20.03 Project Description The subject site is a 90,087-SF lot located on the eastern side of Eagle Ridge Way. The site is currently improved with a 2-story single-family dwelling. At the rear of the house is a pool and a pool house, which are located on the northern side of the rear yard. The proposed subsurface infiltration basin is proposed on the southern area of the rear yard, opposite to the pool. The proposed curtain drain will extend in an arc from the eastern and northern perimeter of the back yard. The rear yard beyond the curtain drain drops off substantially to the south and east. To the east of the curtain drain, at a lower elevation from the improvements to the west and north, is a retaining wall constructed of boulders. The applicant indicates that this wall was “overbuilt” to facilitate the installation of the stormwater management system and grading of the site. However, there is no indication on the site plans as to the existing or proposed height of the wall nor any construction details. Plans show the existing circular driveway and the extension to the garages located on the southern side of the house will be curbed with Belgian block and paved with pervious pavers. No work is proposed to the existing dwelling on the site, as part of the scope of this application. Landscaping o Twenty-five (25) Ruby Spice Summersweet shrubs are proposed adjacent to the walkway from the rear of the dwelling to the pool. o One (1) Limelight Hydrangea shrub is proposed in the northern area of the front yard. o Ninety-four (94) Nelly Stevens Holly shrubs are proposed along the northern perimeter of the site. o One hundred and fourteen (114) Compact Japanese Holly shrubs are proposed on the northern, eastern and western sides of the pool house. o One hundred and five (105) Steeds Japanese Holly shrubs are proposed on the northern, eastern and western sides of the pool house. o Nine (9) Red Tip Photinia trees are proposed adjacent to the walkway from the rear of the dwelling to the pool. 105 Grove Street, Suite 3, Montclair, NJ 07042 * Phone: (973) 954-2677 * www.NishuaneGroup.com

November 29, 2024 Page 4 of 11 NISHUANE PB-24-19 GROUPE 40 Eagle Ridge Way ECONOMIC, COMMUNITY DEVELOPMENT, AND LAND USE Block 106, Lot 20.03 o Eleven (11) Sugar Tyme Crabapple trees are proposed in the front yard on the perimeter of the house. o A mix of perennials is proposed through the landscaped area, which will include the following: - Ten (10) Flame Thrower Echinacea - Seventy-two (72) Autumn Joy Sedum - One hundred and thirty-one (131) Walkers Low Catmint - Twenty-seven (27) Siberian Iris 105 Grove Street, Suite 3, Montclair, NJ 07042 * Phone: (973) 954-2677 * www.NishuaneGroup.com

November 29, 2024 Page 5 of 11 NISHUANE PB-24-19 GROUPE 40 Eagle Ridge Way ECONOMIC, COMMUNITY DEVELOPMENT, AND LAND USE Block 106, Lot 20.03 Site & Area Description Street Address: 40 Eagle Ridge Way Block & Lot: Block 106, Lot 20.03 Zoning District: R-1 (One-Family dwellings on 80,000 square foot lots) District Total Site Area: 90,087-SF Location Map are =~ “1 Location Map - The property in question is outlined in red on the Google aerial map above. The site is located on the eastern side of Eagle Ridge Way. Surrounding the site to the north and west are single-family dwellings on larger lots, similar to the subject site. 105 Grove Street, Suite 3, Montclair, NJ 07042 * Phone: (973) 954-2677 * www.NishuaneGroup.com

November 29, 2024 Page 8 of 11 NISHUANE PB-24-19 GROUPE 40 Eagle Ridge Way ECONOMIC, COMMUNITY DEVELOPMENT, AND LAND USE Block 106, Lot 20.03 Planning Considerations The subject site is located within the R-1 (One-Family dwellings on 80,000 square foot lots) District. Among the permitted principal uses in this district are: Permitted Principal Uses Accessory Uses Conditional Uses « One family, detached « Required accessory parking « Commercial recreation dwelling * Private garage « Public school « Water reservoir, well ¢ Horticultural or agricultural « Private school tower, filter bed building Library « Federal, state, county or « Customary accessory building or » Museum township building structure « Park or playground « Golf course and golf club «Private swimming pool « Public utility building or house * Private recreation facility structure « Farm, nursery, greenhouse * Home occupation « Telephone exchange and similar uses « Home professional office + Private club, other than a « Hospital * Signs golf club « Fences and dividing walls « House of worship * Farm produce stand for produce grown on premises * Private storage shed * Greenhouses Pursuant to the Township of West Orange Zoning Ordinance §25-7.1, Part A: Permitted Uses, the existing one-family detached dwelling and accessory pool and pool house on the subject site are permitted in the R-1 District. The chart below has been created to identify bulk deficiencies. U One-Family One-Family Detached N se Detached Dwelling Dwelling ° Min. Lot Area 80,000-SF 90,087-SF No itt, let Aiea 80,000-SF 79,170-SF No* per Unit Min. Lot Width 150-Feet 253.5-Feet No Min. Front Yard 40-Feet 69.3-Feet No Min. Side Yard 25-Feet North Side: 25.3-Feet No Setback (Each Side) South Side: 50.9-Feet No 105 Grove Street, Suite 3, Montclair, NJ 07042 * Phone: (973) 954-2677 * www.NishuaneGroup.com

November 29, 2024 Page 9 of 11 NISHUANE PB-24-19 GROUPE 40 Eagle Ridge Way ECONOMIC, COMMUNITY DEVELOPMENT, AND LAND USE Block 106, Lot 20.03 Min, Rear Yard Setback 50-Feet 184.6-Feet No Max. Building 20% 9.68% No Coverage Max. Lot Coverage 30% 24.08% No Max. Fence Height 4-Feet >6-feet Yes Note: * - Existing Non-conforming condition In addition to the above standards for the R-1 District, pursuant to Township of West Orange Zoning Ordinance §25-5, the proposed development is subject to the following supplemental provisions. pense lvord 25-Feet 25.3-Feet No For private Swimming Pools Min. Rear Yard Setback 10-Feet 99.5-Feet No For private Swimming Pools . Min. Distance Between Accessory 15-Feet 34-Feet No and Principal Buildings Max. Height of Accessory Building (Stories / Feet) 1.5/15 1.5/15 No Max. Rear Yard Coverage of 33.33% 5.13% No Accessory Building 105 Grove Street, Suite 3, Montclair, NJ 07042 * Phone: (973) 954-2677 * www.NishuaneGroup.com

November 29, 2024 Page 10 of 11 NISHUANE PB-24-19 GROUPE 40 Eagle Ridge Way ECONOMIC, COMMUNITY DEVELOPMENT, AND LAND USE Block 106, Lot 20.03 Standards for Granting Variance Relief C - (Bulk) Variances The Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-70c sets forth the standards for variances from the bulk regulations of a zoning ordinance. C(1) Variance - The Board must find that there is either undue hardship or practical hardship with the strict application of the zoning requirements as stipulated in the Zoning & Land Use Regulations, as a result of: a) exceptional narrowness, shallowness or shape of a specific property, or b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or c) byreason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon. C(2) Variance — The Board must find that the proposed deviation from the Zoning & Land Use Regulations will advance the purposes of the MLUL and that the variance can be granted without substantial detriment to the public good, that the benefits of the deviation would substantially outweigh any detriment. The benefits identified in granting a C(2) variance must include benefits to the community as a whole, not only the applicant or the property owner. Here too, the Board must be satisfied that the variance can be granted “without substantial detriment to the public good” and “without substantial impairment to the intent and purpose of the zone plan and zoning ordinance” of the Township. Planner’s Comments The applicant proposes to undertake site work on a lot with an existing one-family dwelling. The proposed site work includes the installation of a subsurface chamber infiltration basin in the rear yard, as an enhancement to a previously approved stormwater seepage pit detention system. The proposed subsurface detention system will also allow for the enlargement of the surface area of collection for the yard. Additionally, the proposed scope of work will include the repair of an existing boulder wall at the rear of the property, as well as landscaping. As indicated in the project description above, the applicant indicates in their application proposal that the existing boulder wall at the rear of the site was “overbuilt,” in the process of

scaping. As indicated in the project description above, the applicant indicates in their application proposal that the existing boulder wall at the rear of the site was “overbuilt,” in the process of installing the stormwater management system. This wall was constructed to a height in excess of 6-feet with no permit or other approvals, for which a violation notice was issued. Further, the applicant provides no details of this walls on their plans, including the height, composition and 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 105 Grove Street, Suite 3, Montclair, NJ 07042 * Phone: (973) 954-2677 * www.NishuaneGroup.com