EX DD 21 121923 RC email to town clarifying issues raised by Kessler

1 of 3 Tuesday, January 9, 2024 at 17:02:16 Eastern Standard TimeTuesday, January 9, 2024 at 17:02:16 Eastern Standard Time Subject:Subject: Clarifications Regarding Complaints from Andy and Jane Kessler re 40 Eagle Ridge Way Date:Date: Tuesday, December 19, 2023 at 3:42:46 PM Eastern Standard Time From:From: Richard Cohn <rcohn@merchantshospitality.com> To:To: smccartney@westorange.org <smccartney@westorange.org>, tbiondi@westorange.org <tbiondi@westorange.org>, West Orange Township - Zoning OVicial <ZoningOVicial@westorange.org>, psmeraldo@westorange.org <psmeraldo@westorange.org>, zcarballo@westorange.org <zcarballo@westorange.org>, forester@westorange.org <forester@westorange.org>, Shamar Vernon <shamar@hepscd.org> Dear Honorable Mayor McCartney, Mr. Thomas Biondi, Ms. Geniece Gary-Adams, Mr. Peter Smeraldo, Jr., Ms. Zayibeth Carballo, Mr. Shamar Vernon, Mr. Walt Kipp: I am wriGng in response to the complaints of my neighbors Andy and Jane Kessler who live to the east of us at 29 Mountain Avenue. I was unaware of these complaints unGl the recent receipt of the OPRA response from the Town, revealing that Mr. Kessler's concerns date back to September of 2021. My wife Monica, and our sons, Gavin, Jordan and Trey, have lived in West Orange since 1997, demonstraGng our commitment to the community. Our decision to move to 40 Eagle Ridge Way last May was fueled by our strong affinity for West Orange. Our son, Jordan, who is classified on the auGsGc spectrum, was honored by the town for receiving a gold medal in Alpine Skiing at the 2020 Special Olympics. We share a deep love for both skiing and swimming, the laYer being a crucial recreaGonal acGvity for Jordan's well-being. We embarked on a project to install an inground pool, engaging Grabowski ConstrucGon, a reputable West Orange-based excavator frequently uGlized by the Town. We take issue with Andy Kessler's unsubstanGated asserGons in his September, 2021 emails to former Mayor Parisi, Ryan Schinman and Ms. Adams. To address any potenGal concerns regarding drainage, on our own iniGaGve, we retained Matarazzo Engineering to design a drywell drainage system, with ten (10) retenGon tanks, adhering to strict storm calculaGons. This plan was submiYed to the town on March 2, 2023, thereaaer approved, and the extensive drywell system was installed at considerable expense. As set forth in the

hering to strict storm calculaGons. This plan was submiYed to the town on March 2, 2023, thereaaer approved, and the extensive drywell system was installed at considerable expense. As set forth in the engineering calculaGons, our improvements have significantly reduced water flow, not increased it.

2 of 3 Despite these efforts, Andy Kessler's December 4, 2023, leYer unfortunately conGnues these unsubstanGated complaints. In his email, Mr. Kessler claims that Mr. Kipp’s menGon of a pipe diverGng water, is based on misinformaGon. First, this ellipGcal pipe was not part of the new drywell drainage system installed in connecGon with the backyard improvements. Second, the ellipGcal pipe replaced the exisGng damaged pipe that was already part of the pre-exisGng drainage ditch that runs from the Crystal Point Townhouse community wooded area on the west side of Eagle Ridge Way, through our property at 40 and 42 Eagle Ridge Way. Third, I was told that replacing the pre-exisGng damaged round pipes with an ellipGcal pipe was as an environmentally sensiGve improvement, not a deviaGon. In the spirit of neighborly goodwill, I've made mulGple outreach aYempts to the Kesslers, allowing them to inspect our property during construcGon and addressing concerns about workers encroaching on their land. Unfortunately, these efforts seem to be in vain, as their recent email to you on December 13, 2023, outlines improper demands without acknowledging our aYempts at resoluGon. Despite this ongoing challenge, my wife Monica and I remain commiYed to an amicable resoluGon. We extended an invitaGon to Andy and Jane Kessler on December 8, 2023, for a discussion over coffee to address any legiGmate concerns and find common ground. RegreYably, they have yet to respond. We have asked our engineer to review the as-built construcGon, and we are commiYed to addressing any valid concerns. We are willing to cooperate fully, even if it means making further improvements to address the Kessler’s apprehensions. I understand that you have many pressing maYers to aYend to, and I appreciate your Gme in considering this maYer. Our goal is to maintain transparency and resolve this issue in a manner that benefits both parGes and preserves the harmony of our community. Wishing all of you a joyous holiday season and a happy new year.

3 of 3 Best, Richard Cohn Merchants HospitalityMerchants Hospitality 48 Wall Street 33rd Floor, NY NY 10005 Tel: 212.871.5602 Fax: 212.945.0559 rcohn@merchantshospitality.com www.merchantshospitality.com