1 22 25 WO PB Draft Minutes

1 DRAFT MINUTES TOWNSHIP OF WEST ORANGE PLANNING BOARD MEETING January 22, 2025 7:30 P.M. The Township of West Orange Planning Board held its regular meeting on January 22, 2025 at 7:30 P.M. via virtual ZOOM videoconference. Chairman Bagoff called the meeting to order at approximately 7:30 P.M. He announced that notification of the meeting was given to the Township Clerk, and posted on the Township Bulletin Board, sent to the West Orange Chronicle and the Star Ledger, and posted on the Township’s website calendar. This meeting has been properly noticed to the public in accordance with the Open Public Meetings Act. No new matters will start after 10:30 P.M. PLEDGE OF ALLEGIANCE • Chairman Bagoff requested all persons stand for the Pledge of Allegiance. ANNOUNCEMENTS • The next Planning Board special meeting will be held Wednesday, January 29, 2025 at 6:30 P.M in person. • The next Planning Board regular meeting will be held Wednesday, February 5, 2025 at 7:30 P.M via Zoom. ROLL CALL PRESENT: Dr. Robert Bagoff; Mr. Jerry Guarino; Mr. Ken Alper; Mr. John Cardoza; Mr. William Wilkes; Mr. Lee Klein; Mr. Christopher Morgan, Sr.; Mayor Susan McCartney; Council president Bill Rutherford; Ms. Lori Kapferer ABSENT: Mr. Peter Smeraldo; ALSO PRESENT: Diana P. McGovern, Esq., Planning Board Attorney; Gerry Haizel, Consulting Town Planner; Phil Scott, Board Engineer; Zayibeth Carballo, Town Engineer Jamilet Baquerizo Vite, Planning Board Secretary SWEARING IN • The Township Professional(s) sworn in.

2 APPLICATIONS • PB-24-19 TheWayMaker LLC Block: 106 Lot: 20.03 Zone: R-1 40 Eagle Ridge Way 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. PRESENTATION • The attorney, Priscilla Triolo, on the behalf of the applicant states they are making a presentation solely with regard to storm water management for the single-family home at 40 Eagle Ridge Way • They have previously submitted to the board an application, a letter of explanation, surveys, as well as a storm water management report and a major site plan development plan. Both reports and plans have been provided by Collier’s Design and Engineering. • The details of the storm water system that Collier’s designed and to that end they have the signatory of the storm water report and the signatory on the plan, the engineer provided. • The owner of the property is an LLC and the manager of the LLC, Richard Cohn, will inform the board concerning the occupancy of the property, some of the property’s properties to orient the board towards the project and how everything has developed on his property. • The applicant is interested in getting the project underway as soon as the board is satisfied that the proposed plan meets the requirements of the storm water management code provisions of the township of West Orange. • The manager, Richard Cohn, entered on the record and he was sworn under oath. He testified to the following: • Mr. Cohn moved to West Orange in 1997. He and his wife, Monica, raised 3 sons here. • His middle son, Jordan, has been classified on the Autistic spectrum and received special education services since kindergarten through his high school graduation from West Orange High School. • Jordan has always been physically active and enjoyed the numerous recreation activities afforded by living in Eagle Ridge, including, tennis, outdoor and indoor swimming pools, playgrounds, racquet ball courts, and rollerblading. • In February 2020, Jordan represented West Orange in the New Jersey Special Olympics Winter Games in Mountain Creek and won 2 gold medals in Alpine Skiing. • The town recognized his achievements and awarded a proclamation.

dan represented West Orange in the New Jersey Special Olympics Winter Games in Mountain Creek and won 2 gold medals in Alpine Skiing. • The town recognized his achievements and awarded a proclamation. Unfortunately, the pandemic and the lockdown prevented the in-person presentation of the proclamation. • The pandemic had additional adverse impacts on Jordan. The association that runs Eagle Ridge closed the indoor and outdoor pools, the outdoor playground, and all the recreational areas strongly discouraged any outdoor activities. • Mr. Cohn and his wife considered a move but they loved living in West Orange and limited their search of a new home in West Orange. • They wanted to purchase a house that had a pool or there was no prohibition in putting in a pool. It’s their intention to use the pool all year round. • His broker showed them this house on 40 Eagle Ridge Way, a private secluded road. The

3 house had a big backyard that gently sloped from the back of the house to the eastern edge of the property, which then steeply dropped into Llewellyn Park. • The backyard would be ideal for a new swimming pool for recreational activities. • Mr. Cohn and his family moved into the house in May of 2021. • They started planning and designing the pool and the pool house. • His objective has always been to build a pool and pool house for his family and be in compliance with all ordinances. • Mr. Cohn hired engineers, architects, and licensed contractors, and obtained permits. • After moving in, they retained a licensed landscape architect, Brian Stratton, also known as the pool artist to design the pool. • While they knew they wanted a cabana, their primary emphasis and focus was on the pool. • They followed the drawings and the site plans in 2021 and obtained the building permit to commence construction. • Their property lies on bedrock and they needed an experienced site contractor to properly perform the excavation for the pool and future pool house and they were referred to Grabowski Construction Corp, a 3-generation local business based in West Orange, who were familiar with their property and the neighboring environments. • The excavation took approximately a year from the summer of 2021 to the summer of 2022. • While excavating they created a temporary berm about 5 to 10 feet from the eastern edge and seated it which then acted like a moat preventing any water from the excavation construction from going down the mountain and into Llewellyn Park. • During the excavation and clearing off underbrush, Grabowski uncovered a historical pathway, likely from the Lenape tribe, leading up from Llewellyn Park and proceeding northward to the top of 40’s backyard and continuing northward to 38 Eagle Ridge Way. • There was also uncovered boulders creating a support for this path that would mesh together. • During this excavation, they were working with a licensed architect to develop the plans for the pool house. • Given the elevation levels of the lower level of the pool house and along with the amount of bedrock, it became clear that the original location of seepage tanks as set forth in the landscape architect site pans was not going to work. • They retained professional engineers to review and design a storm water plan to meet their needs and to prevent runoff from

s as set forth in the landscape architect site pans was not going to work. • They retained professional engineers to review and design a storm water plan to meet their needs and to prevent runoff from their site. • The WayMaker retained Matarazzo Engineering to review and design a storm water system along with drainage and grading plans. • Mr. Cohn instructed Matarazzo to overdesign the system to ensure both the drainage will work no mater how hard a storm would happen and arrest the runoff from their improvements. • In early March of 2023, they submitted to the township the Matarazzo Design Storm Water System Drainage and Grading Plans. The submission was reviewed by Municipal Engineer Zayibeth Carballo. • A couple of days later, they received a red stamped builder copy and was released to their contractor. The approved plans were given to Grabowski. • Mr. Cohn stated that it’s important to know that no one said at that time that they have and will disturb more than an acre and will have to make an additional submission. • Grabowski spent the next 7 months following the Matarazzo approved plans and installed

4 a 10-tank seepage pit and tied in the installed drain lines from the simultaneously construction of the pool house and the pool. • West Orange DPW reviewed, inspected and approved the installed seepage pit. • While clearing the underbrush, Grabowski uncovered a rudimentary boulder wall that was not previously visible. • In order to install the approved seepage tans in the location set forth in the Matarazzo plans, Grabowski first had to move aside this prior boulder wall about 14 feet offsite from the eastern property line in order to have his heavy equipment stabilized to lift and install the seepage tanks. • After they were installed, Grabowski began to restore the boulder wall in a secure fashion with the intent that it would be no higher than 4 feet at its highest and most of the height would be 2-4 feet. • The currently higher boulder wall was temporarily showing necessary to keep in place and stabilize the newly installed seepage tanks, • The pool that has been installed has an infinity edge looking eastward and it would defeat the purpose of an infinity edge if any portion of the boulder wall was in the view quarters looking east over the infinity edge. • Had the township not ordered work on the boulder wall to stop in December 2023 and Grabowski been allowed to complete his work, the finished boulder wall would be in only a small section, 4 feet high, with the great majority of it running from 1 ½ to 4 feet. • Mr. Cohn would defer to the engineers from Colliers to describe the current plan to reduce the height of the boulder wall to even smaller heights utilizing a 2-tier system. • There was no stop work order on the pool and the pool house and work continued. Numerous inspections were made and approved. Work has been completed and is awaiting final inspections. • When they moved to 40 Eagle Ridge Way, there was a pre-existing drainage ditch running between 40 and 42 Eagle Ridge Way and at the eastern end back of the property it made a 45-degree left turn and then flew over the mountain into Llewellyn Park. • At the end of the ditch, right before it flies over the mountain, there were 2 round circular clay pipes that outflowed at the top of the mountain onto 29 Mountain Ave in Llewellyn Park • Water enters the drainage ditch upstream on Eagle Ridge Way from multiple sources. • Directly across from 40 and 42 Eagle Ridge Way is a wooded parcel owned

in onto 29 Mountain Ave in Llewellyn Park • Water enters the drainage ditch upstream on Eagle Ridge Way from multiple sources. • Directly across from 40 and 42 Eagle Ridge Way is a wooded parcel owned by the Crystal Point Condominium Association that collects runoff from upstream townhomes that are part of the Crystal Point Condominium Association. • There is a ditch within that wooden parcel with an outflow HPE pipe that originates in the Crystal Point parcel and goes underneath Eagle Ridge Way and daylights on 40 Eagle Ridge Way side into the drainage ditch. • In addition, at the same point of daylight in the drainage ditch, there’s a concrete pipe that runs from the storm water drainage that flows southward along Eagle Ridge Way from Boland Drive approx. 400 feet away. • There’s another wooden parcel owned by Crystal Point opposite 38 Eagle Ridge Way and has its own HPE pipe from that wooden parcel into the storm water basin drain on Eagle Ridge Way that then flows south into the drainage ditch that then proceeds east and ultimately down into Llewellyn Park. • Since moving in May 2021, Mr. Cohn personally observed that during storms both wooden parcels would overflow and flood Eagle Ridge Road and would take days before the water rescinded and flow down the drainage ditch. • The flooding in the Crystal Point parcels rotted out the roots of some trees and last year a

5 fallen tree narrowly missed his son walking by, by seconds. • The Crystal Point Association then removed the rotten trees and cleaned out the debris and leaves in the ditch leading to those pipes that go under Eagle Ridge Way from their parcel and since then Eagle Ridge Way has not flooded. • In November of 2023, Hudson Essex Passaic Soil Conservation District (HEPSCD) inspectors made several visits to the site and directed their project manager to cause the drainage ditch to be cleared of debris and rip rap added to the ditch • The SCD issued a deficiency notice memorializing this directive. • Mr. Cohn then directed Grabowski to clean the debris and add rip rap which was done in December 2023. • As Grabowski cleaned the ditch moving from the front of 40 Eagle Ridge Way to the back, that is west to east, he came across the twin 12-inch pipes that were there historically at the eastern of the ditch before it headed down the mountain. • These pipes were severely damaged in multiple areas where water flowed through them, under them, and around them. • Grabowski took the SCD direction to clean debris to include replacing the broken pipes which was down with a new 36 concrete elliptical pipe. • The use of an elliptical pipe was so that instead of water gushing out of circular 12-inch pipes like a fire hose, it would come out slower mitigating any erosion. • With the Crystal Point cleaning out their parcels and the SCD direction to clean out the ditch, install rip rap, and replacement of the damaged pipes, the upstream water from Crystal Point and Eagle Ridge Way along with increase drain of flowing down the drainage ditch without the previous impediments. • Also, there is a tributary path flowing south to north into the replacement concrete pipe from the narrow Llewellyn Park parcel that runs at the top of the mountain behind 42 Eagle Ridge Way and then down into Llewellyn Park. • What has been repeatedly inspected and confirmed by SCD in writing is “HEPSCD has not observed overflow from the infiltration system during our inspection.” • The newly installed seepage system is working as intended and no water, even during storms, have been observed coming from the emergency overflow located 50 feet north of the replacement concrete pipes outflow. • Not withstanding that the township approved and inspected the functioning seepage tank system and none of the

the emergency overflow located 50 feet north of the replacement concrete pipes outflow. • Not withstanding that the township approved and inspected the functioning seepage tank system and none of the approved work, the pool house and the pool, was causing runoff into the ditch. • As an interim measure, while Colliers was developing the major site development storm water plans, over the past summer, Colliers proposed to install an output flow control system that would turn the 36-inch concrete elliptical pipe into a twin 10 inch, thereby slowing the flow of water down the ditch. • The town rejected this proposal and directed Colliers to continue working on the major site plan. BOARD QUESTIONS • Mayor McCartney asked about the infinity pool at the edge of the eastern part of the property, would the steep slope ordinance take effect with the pool. Mr. Cohn said the pool is not at the edge of the property, there is approx. 100 feet from the infinity edge to the eastern edge of the property. • Mr. Alper asked is the boulder wall temporary. Mr. Cohn said the currently existing boulder wall is supposed to be temporary. It acts as temporary ensuring to install the approved seepage tanks. Under the new proposed plan, it is going to be reduced in size by

6 making it 2 tiers. • Mr. Alper asked what is the current height. Mr. Cohn said the current height ranges anywhere from 1 ½ feet to 10 feet at its highest. One of the reasons it’s 10 feet at its highest because on the other side, the downhill side, Grabowski had to level the path in order to put his equipment to install the seepage tanks. • Ms. Kapferer asked have you received complaints from the property owner at 29 Mountain Ave in Llewellyn Park. Mr. Cohn said yes. • Ms. Kapferer asked do you know if the complaints are related to the 36-inch pipe. Mr. Cohn said he can’t pinpoint what the complaint relates to but he does know that the complaint is related to water coming down. He did reach out to the neighbors and have proposed an outflow control structure that will reduce the flow of the water in that ditch. • Ms. Kapferer asked can you describe the seepage system that was already installed. Mr. Cohn showed an image of the installation of approved drainage system. • Chairman Bagoff asked did you have any direct communication with Crystal Point about where the water originates or the pipe. Mr. Cohn said yes, when the tree almost fell on his son, he spoke with the president of the condo association about the rotted trees and within days they cut down the rotten trees as well as cleaned out the ditch and wooden parcel and cleaned the debris and that stopped the flooding of the street. • Chairman Bagoff asked do you know where the water starts that it eventually flows under your property going towards Llewellyn Park. Mr. Cohn said yes. • Chairman Bagoff asked would it be your intention somewhere along the line, if possible, to mitigate this so it doesn’t flow through your property. Mr. Cohn said he spoke with Council President Rutherford and he came out and saw what was happening and would advocate for global resolution that would involve Crystal Point, Mr. Cohn, Llewellyn Park, and the town and Mr. Cohn was willing to do that then and he is willing to do that now. NO PROFESSIONALS QUESTIONS OBJECTOR’S ATTORNEY QUESTIONS • The attorney, Robert Simon, on behalf of Llewellyn Park asked was the information from your notes submitted to the board as part of this application. Mr. Cohn said he would have to ask his attorney exactly what was submitted. • Mr. Simon asked are you familiar with the title commitment or title search for this property. Mr. Cohn said yes