Ltr to Board Secretary 3 10 25

Jamilet Baquerizo Vite, Secretary West Orange Township Planning Board March 10, 2025 Page 6 resources.” Id. (emphasis added). Further, Chapter 25-8.16 of the Ordinance requires that the Applicant maintain its “storm drainage system so that runoff is not directed onto any neighboring properties.” Id. (emphasis added). Landowners in West Orange may not freely dispose of surface water onto neighboring properties. The provisions of the Township’s Stormwater and Steep Slope Ordinances further substantiate the Applicant’s violative activities concerning stormwater runoff. Ordinance § 25-29.9 requires the Applicant’s Site Development Stormwater Plan to include: steep slopes and erodible soils information; an environmental site analysis describing a discussion of slopes; total areas to be disturbed; details of all stormwater management facility designs; and the proposed plan to control and dispose of stormwater. Ordinance § 25-28.1 provides that: “Disturbances of steep slopes results in accelerated erosion processes from stormwater runoff and the subsequent sedimentation of water bodies with the associated degradation of water quality and loss of aquatic life support. Related effects include soil loss, changes in natural topography and drainage patterns, increased flooding potential, further fragmentation of forest and habitat areas, and compromised aesthetic values. It has become widely recognized that disturbance of steep slopes should be restricted or prevented based on the impact disturbance of steep slopes can have on water quality and quantity, and the environmental integrity of landscapes.” Id. As indicated, the disturbance of steep slopes – and any variance relief required incident to such disturbance – needs to be identified by the Applicant and addressed by the Board as part of any Major Site Plan approval under the Township’s Stormwater Management regulations. For all site plans, an applicant is required to provide the Board with a map showing proposed improvements overlain on a colored topographic map to ascertain the extent of steep slope disturbance for a given property. Ordinance § 25-28.7(b) provides that for areas at the top of a steep slope or adjacent to a parcel with steep slopes, a minimum setback of 50 feet is required from the top of slope to any proposed improvements such as buildings, … swimming pools, … or other uses at or near the top of

nt to a parcel with steep slopes, a minimum setback of 50 feet is required from the top of slope to any proposed improvements such as buildings, … swimming pools, … or other uses at or near the top of steep slopes, except as otherwise recommended by a qualified professional. Where development is near steep slopes greater than 30%, the setback shall be increased to a minimum of 100 feet, except as otherwise recommended by a qualified professional. The minimum setback shall be established considering site-specific topographic conditions and the recommendations of the qualified professional geotechnical engineer performing the slope stability analysis.” Id. Further, Ordinance § 25-28.8(a) provides that “No soil or vegetation shall be disturbed or structures constructed within 100 feet of the ridge line [defined as “the top of the First and Second Watchung Mountains as determined by an analysis of topographic maps”]”. The rear of the Property is at the top of the First Watchung Mountain. Clearly, the Applicant has disturbed its Property, and has proposed development, within areas where it is prohibited without variance relief that has never been applied for or obtained by the Applicant. It is not only the Applicant’s failure to notify the Board of its illegal slope disturbance and relocation of the drainage ditch that restricts the Board from comprehensively assessing the Applicant’s entitlement to Major Site Plan approval under the Township’s Stormwater Management regulations (and the extent to which variance relief is required under the Township’s

Jamilet Baquerizo Vite, Secretary West Orange Township Planning Board March 10, 2025 Page 7 Steep Slope Ordinance). The Applicant’s failure to provide the Board with stormwater runoff information as to 42 Eagle Ridge Way, Block 106, Lot 24.01 (with the owner’s principal – Mr. Cohn – the same as the Applicant’s principal) prevents the Board from making an informed determination as to the Application. For starters, Ordinance § 25-29.9 requires the Applicant’s Site Development Stormwater Plan to include a topographic base map of the site extending a minimum of 200 feet beyond the limits of the proposed development, which would include a depiction of 42 Eagle Ridge Way’s drainage ditches and associated topography (already mapped by Colliers as part of a Stormwater Management Report it prepared in connection with a development application for the 42 Eagle Ridge Way property currently pending before the Township’s Board of Adjustment – depicting drainage patterns from 42 Eagle Ridge Way that intersect with, and impact, the drainage structures at the 40 Eagle Ridge Way Property). In fact, on July 9, 2024, the Colliers engineer for the Applicant, Justin Ferrazzano, communicated to the Township that “we do need to prepare a comprehensive major site plan with a stormwater management report encompassing both properties [40 Eagle Ridge Way and 42 Eagle Ridge Way], as well as prepare a submission to the Planning Board. As discussed, by planning for both properties we can transfer some obligations of 40 ERW [Eagle Ridge Way] to 42 ERW [Eagle Ridge Way] to better serve the Township and the owners. To prepare a full plan set and stormwater design, then proceed through planning approval will take several months…” Ten days later, on July 19, 2024 the West Orange Director of Planning and Development/Zoning Official notified Mr. Ferrazzano and the Applicant’s principal that “no construction, remediation or any other improvements on the site will be permitted. Your intent should be to submit a complete application to the land use board. This should include your plans and reports so that the board professionals can review in totality (40 Eagle Ridge Way and 42 Eagle Ridge Way).” Despite the Colliers engineer representing to the Township that Colliers would study the stormwater impacts collectively from both properties, the Applicant has improperly failed to submit to the Board

espite the Colliers engineer representing to the Township that Colliers would study the stormwater impacts collectively from both properties, the Applicant has improperly failed to submit to the Board any stormwater “plans and reports” for 42 Eagle Ridge Way. This is especially concerning since 40 Eagle Ridge Way and 42 Eagle Ridge Way share the same drainage pattern into Llewellyn Park (the drainage maps submitted by the owner of 42 Eagle Ridge Way to the Township’s Board of Adjustment depict a drainage path that culminates at the 36” pipe location on the Applicant’s Property). Disturbance activities on both 40 Eagle Ridge Way and 42 Eagle Ridge Way have altered the location of the drainage ditch that traverses near the boundary between the two properties. The 42 Eagle Ridge Way property contributes runoff to the 40 Eagle Ridge Way Property’s Stormwater Report’s points of study but is not included in the calculations. The Property’s Stormwater Report also does not include any contributing offsite subareas in its pre- and post-development calculations, nor does it consider the clear cutting of many trees and the removal of vegetation on the 42 Eagle Ridge Way property that has contributed to the increased water flows into Llewellyn Park. Further, the stormwater plan for the water coming in part from the Crystal Lake Association property onto the Applicant’s property is limited and incomplete, with the only protective elements being the proposed removal of the damaging elliptical pipe the Applicant’s contractor installed

Jamilet Baquerizo Vite, Secretary West Orange Township Planning Board March 10, 2025 Page 8 (after also changing the slope, length, and conditions of the drainage channel) and the proposed installation of an Outlet Control Structure that will not reduce the volume or spread of the harmful outflow into Llewellyn Park. It appears that the Applicant’s plans and demolition or construction work may have interfered with the Planning Board’s prior directive via Resolution Condition (PB 98-11) that Crystal Lake (as successor to Highview at West Orange LLC) “provide protection for runoff or drainage into Llewellyn Park”. This Resolution condition does not insulate the Applicant from complying with the Ordinance, including its Stormwater Management and Steep Slope Ordinances. It is also disturbing that the Applicant’s recently submitted geotechnical report (as appropriately requested by the Board) identifies shallow bedrock encumbering the proposed stormwater detention area, but there was no testing as to the permeability of the rock (i.e. basin flood tests). Since the Applicant had cleared woods and other areas that cannot be categorized as “previously developed” under the State’s stormwater rules, it is required to provide groundwater recharge if possible. Unfortunately, it is unclear whether groundwater recharge is possible since the Applicant failed to undertake a thorough soil and bedrock permeability investigation. Further, the Applicant’s stormwater design remains deficient under State regulations for failure to analyze the Property’s stormwater conditions as of 2004 (when the State’s stormwater regulations went into effect), when the current house and garage at the Property did not even exist at that time. For all the reasons set forth above, the Application remains deficient, incomplete and incapable of being comprehensively reviewed (let alone be approved) by this Board until the Applicant provides the further information noted above and applies to the Board for all required land development permits and approvals, including steep slope variance relief. Accordingly, the scheduled March 12, 2025 hearing on the Application must be postponed. We understand the engineers for the Applicant, the Board, the Township, Llewellyn Park, and the Crystal Lake Association met last week to discuss the Application and to evaluate the current site conditions and prior site

gineers for the Applicant, the Board, the Township, Llewellyn Park, and the Crystal Lake Association met last week to discuss the Application and to evaluate the current site conditions and prior site alterations. We believe that certain remedial action and stormwater management design revisions were suggested at the meeting as required to avoid or minimize further environmental damage and harm to Llewellyn Park and the adjacent property owners, and to comply with the Ordinance (including its Storm Water Management Regulations and Steep Slope Regulations) and applicable NJDEP regulations. Adjourning the March 12, 2025 hearing on the Application will also presumably provide all stakeholders (the Applicant, Board, Township, Llewellyn Park, Crystal Lake Association, and neighboring property owners including the owner of 42 Eagle Ridge Way) the time and opportunity to evaluate the issues and proposals raised in that meeting and in this correspondence so to hopefully achieve a comprehensive resolution acceptable to all stakeholders. Should the Board consider approving the Application (as amended) once the Applicant provides all of the necessary information and formally requests all required relief, any such approval would need to be conditioned upon the Applicant complying with its legal obligations to: (1) obtain all required NJDEP and Township approvals to restore the drainage ditch watercourse

Jamilet Baquerizo Vite, Secretary West Orange Township Planning Board March 10, 2025 Page 9 to its original alignment; (2) obtain all required NJDEP and Township approvals to restore the Riparian Zone to its original condition; (3) remove the 36” pipe and restore the installation area to its condition prior to disturbance; and (4) having the proposed stormwater system on 40 Eagle Ridge Way discharge to the watercourse further upstream and not at the top of the steep slope. --------------------------------------------------------------------------------------------------- This letter does not constitute, and shall not limit, the extent of the subject matter of Mr. Keller’s anticipated testimony before the Board, nor the extent of our Client’s objections concerning the Application. It is not to be deemed a waiver of our Client’s rights and remedies, all of which are hereby reserved. We reserve the right to supplement and amend same at any time, either verbally or in writing. Kindly place this correspondence in the Board’s file and forward an electronic copy of this correspondence to all Board members and professionals as soon as possible. As indicated below, we have sent a copy of this submission to the Board’s and the Applicant’s counsel, via email, and respectfully request that all future documents, letters, emails, reports and submissions of the Applicant or the Board be sent to us at the time transmitted/sent (if necessary, we will pay for the reasonable costs of duplication of all such submissions). We trust that the above will be helpful to the Board and its professionals in assessing the Application and thank the Board for its consideration. Very truly yours, Robert F. Simon RFS:kas cc: Llewellyn Park (via e-mail) Priscilla J. Triolo, Esq. (via-mail ptriolo@bittigerelias.com) Diana Powell McGovern, Esq. (via e-mail dmcgovern@gpmlegal.com) Eric Keller, P.E. (via e-mail ekeller@bowman.com) Zayibeth Carballo, P.E., Township Director of Engineering (via e-mail zcarballo@westorange.org) Phil Scott, P.E., Planning Board Engineer (via e-mail pscott@mnwe.com)