Ltr to Board Secretary 3 10 25

Jamilet Baquerizo Vite, Secretary West Orange Township Planning Board March 10, 2025 Page 3 stop or termination orders for work performed at the Property. The Applicant’s plans must be amended by its engineer to depict the full scope of soil and terrain disturbance performed or proposed, including the relocation, shortening, and changing the slope of the drainage channel on the western portion of the Property and installing a 36” elliptical pipe after illegally disturbing steep slopes. Any other approach would allow an owner-applicant to: (1) conveniently limit the scope of a development application to only a portion of the Property while the remaining portions of the Property continue to be in violation of the Ordinance and State regulations, with resulting damage; and (2) begin work without compliance with the Ordinance and State regulations and then argue, after a stop work order is issued, that the Board can only consider future work. The drainage channel and elliptical pipe stormwater discharge system (the “Channel- Elliptical Pipe System”) is a critical element of the stormwater management system on the Property. The Applicant’s engineer, Jessee Cokeley, testified that the proposed drainage plan he prepared was complete, covered all stormwater drainage from the site, and included modifications of the Channel-Elliptical Pipe System to include an outlet control system; that some of the water entering such Channel-Elliptical Pipe System comes from Applicant’s Property; and that the proposed drainage plan provides no reduction of stormwater discharged from the Channel- Elliptical Pipe System through the elliptical pipe directly into Llewellyn Park. Mr. Cokeley stated in his July 19, 2024 memorandum to the Township that “immediate or emergency concerns pertain to the newly installed 36” elliptical RCP storm at the outfall of the existing drainage channel which we understand has been the source of concerns by the Township and the adjoining neighbors.” For the Board to properly engage in its review responsibilities under the Ordinance and applicable law, it must consider the survey and site plan documents created both prior and subsequent to the illegal construction activities at the Property (and provided by the Applicant as part of the Application) - namely, the Roberts Survey from February 2021 (the “2021 Roberts Survey”), the Roberts Slope Analysis Plan

ction activities at the Property (and provided by the Applicant as part of the Application) - namely, the Roberts Survey from February 2021 (the “2021 Roberts Survey”), the Roberts Slope Analysis Plan from April 2021 (the “2021 Roberts Slope Analysis”), the Pool Artist Site and Grading Plan from April 2021 (the “2021 Pool Artist Plan”), the Matarazzo Grading Plan from December 2022 (the “2022 Matarazzo Plan”), the Osterkorn Survey from May of 2024 (the “2024 Osterkorn Survey”) and the Colliers Site Plan from 2024 (the “2024 Colliers Site Plan”). A comprehensive review of these plans/surveys (most of which were never reviewed by the Applicant’s current engineer per his sworn testimony) reveals the following: 1. The 2021 Roberts Survey identifies “top of bank” in two locations (meaning the upper limit of the bank of a regulated water, typically characterized by an observable change or break in the slope of the land, and indicative of a NJDEP regulated riparian zone encumbering the Property); 2. The 2021 Roberts Slope Analysis depicts the proposed pool, pool house, drywell system, and EXISTING categories of steep slopes – but fails to identify any proposed