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plication. 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 when it was purchased. • Mr. Simon asked do you recall any drainage easement or related easement encumbered your property that are of record. Mr. Cohn said his only recollection is that the original survey or a copy indicated the drainage ditch that runs between 40 and 42. • Mr. Simon asked are you aware as to whether Omland and Osterkorn prepared a survey at your direction dated approximately May 2024. Mr. Cohn said he is aware that they prepared a survey but he doesn’t know if it was at his direction. • Mr. Simon asked are you aware whether Robert Engineering Group prepared a survey for 40 Eagle Ridge Way dated approximately February of 2021. Mr. Cohn said yes this was when they purchasing the property or shortly after that. • Mr. Simon asked the drainage ditch that Mr. Cohn has referred to, is that a ditch that runs approximately along the western side of the property between 40 and 42 Eagle Ridge Way. Mr. Cohn said yes. • Mr. Simon asked do you know why on the 2021 Robert survey; the drainage ditch is located in a different location mostly on 42 Eagle Ridge Way while the Omland and

7 Osterkorn survey from 2024 shows the drainage ditch as essentially abutting 40 and 42 Eagle Ridge Way. Mr. Cohn said from his understanding that the ditch always ran between 40 and 42. • Mr. Simon asked with regard to the 36-inch pipe, do you know when that pipe was first installed. Mr. Cohn said he believes it was installed shortly after SCD inspected in November of 2023. • Mr. Simon asked were there any approvals or certificates issued by any government agency. Mr. Cohn said to his knowledge it was a replacement for the pre-existing circular pipes and he believes it was directed by SCD to show that pipe on an updated SCD drawing. • Mr. Simon asked are you aware that the pipe has been discharging water at a regular rate as recently as this past week during these below freezing temperature. Mr. Cohn said as about 4 hours ago, a bunch of trucks came down 40 Eagle Ridge Way and apparently there is a water main break in the Crystal Point parcel opposite 40 and 42 that goes right into that ditch. • Mr. Simon asked have residents of Llewellyn Park raised concerns to you regarding water runoff from your property. Mr. Cohn said just one resident communicated that with him. • Mr. Simon asked have you asked your engineer about these complaints. Mr. Cohn said he doesn’t recall asking his engineer, he did ask Grabowski. He also spoke to the senior inspector from SCD and they saw the water going at a pretty good clip going down the drainage ditch and also the emergency outflow to the seepage tank system that was dry and that nothing was coming out of that. SCD also said the system is working as intended, the water that is going down the mountain is not coming from what they installed. • Mr. Simon asked in connection with your construction, do you recall how many mature trees were removed from the property. Mr. Cohn said there was 2 dead and dying trees at the front of 40 near the border of 38. He applied for permits from the town, he received them, and hired a licensed tree contactor to remove those 2 trees. • Mr. Simon asked when you talked to Mr. Grabowki or any of the engineers, was there any discussion about steep slope disturbance on the property. Mr. Cohn said there was no discussion about steep slope. The steep slope starts from the boundary line between 40 and 29 Mountain Ave. • Mr. Simon asked if he knew whether the engineers performed a steep slope analysis.

was no discussion about steep slope. The steep slope starts from the boundary line between 40 and 29 Mountain Ave. • Mr. Simon asked if he knew whether the engineers performed a steep slope analysis. Mr. Cohn said he doesn’t know if the engineers did. He believes when they initially applied for the pool permit in 2021, they provided a steep slope analysis. • Michael DeCheser at 35 Mountain Ave asked when the trees were removed along the property line, how many trees were removed and did he have permits to remove those trees. Mr. Cohn said he didn’t remove any trees between 40 Eagle Ridge Way or 29 Mountain Ave; the trees he was referencing to that he had permits for was between 40 and 38 closes to the middle. • Mr. Simon asked did you or your contractors perform excavation within the steep slope area you described earlier in your testimony. Mr. Cohn said not his knowledge. • Mr. Simon asked was there any blasting performed within the steep slope area. Mr. Cohn said no. • Mr. Simon asked do you know whether putting down sod is identified anywhere on the site plan. Mr. Cohn said he believes it is listed in the lawn section of the plan that Collier’s submitted. • Mr. Simon asked in those areas where you claim that the Collier’s plan shows lawn, what

8 was there prior to the construction activity on the site, was it underbrush. Mr. Cohn said it was lawn. • Mr. Simon asked is your testimony that where you intend to put down sod or lawn was all formerly lawn prior to the construction activity for your pool and pool house. Mr. Cohn said yes. • Mr. Simon asked was there any other underbrushes you described on your property that was removed in connection to construction activity. Mr. Cohn said not that he is aware of. • Mr. Simon asked with regard to the elliptical pipe, are you aware that based on the Collier’s plan, it appears that the pipe bisects lot 11 which is owned by Llewellyn Park. Mr. Cohn said I didn’t think it’s on the property. • Mr. Simon asked is the pipe on 42 Eagle Ridge Way. Mr. Cohn said he doesn’t think so. • Mr. Simon asked the drainage ditch rip rap, was that installation partially on 42 Eagle Ridge Way. Mr. Cohn said he doesn’t believe so. PUBLIC QUESTIONS • Michael DeCheser asked, how many trees were removed. Mr. Cohn said 2. • Michael DeCheser asked, the property line joining the Kessler’s, it seems like that whole line was lowered a certain degree, can you talk about that. Mr. Cohn said there was a little bit of misunderstanding by the Kessler’s that he tried to clear up recently. Mr. Grabowki took steps that before a new storm water system was put in and was doing the excavation to prevent water from running down the mountain and going into Llewellyn Park, he created a berm about 10 feet before that property line between the Kessler’s and 40 Eagle Ridge Way. When the 10-tank system was installed, the berm was removed, so looking from your perspective and if you were looking for a year at a 10 feet high berm and now it’s gone, it is understandable that from that perspective the line was changed. • Michael DeCheser asked, did you deviate from the existing plan that you originally got to do the construction and related work. Mr. Cohn said Grabowski was following the Matarazzo approved plans that were approved in March of 2023 and to his knowledge there was no deviation. • Ryan Shinman from 45 Mountain Ave asked, did you realize that the trees that were cut down since you moved in have fallen over onto 45 Mountain Ave’s property probably more than 10 to 15 trees form your property falling onto my property. Mr. Cohn said to his knowledge 45 Mountain Ave is behind 42 Eagle Ridge Way and

llen over onto 45 Mountain Ave’s property probably more than 10 to 15 trees form your property falling onto my property. Mr. Cohn said to his knowledge 45 Mountain Ave is behind 42 Eagle Ridge Way and before you get to 45 there is a strip of property owned by the trustees of Llewellyn Park and no trees to his knowledge were knocked down to the property of 45 Mountain Ave. • Ryan Shinman asked, did you realize that the water runoff from the construction has flooded all the way down the mountain to my basement. Mr. Cohn said he is unaware of the water situation. • Ryan Shinman asked, did anyone from Llewellyn Park inquire about using dynamite or explosives blasting on the property that would cause rocks to fall on both Mr. Kessler’s and my property. Mr. Cohn said he is not aware of any damage that was caused. He is aware that Grabowski obtained any permits required. He was told by Grabowki that it was not dynamite; it was another type of explosive that is used for excavations and contained. He is also aware of putting seismograph adjacent to the property to measure the impact of any blasting and this is the first he is hearing about any impact to any property from any blasting. • Ryan Shinman asked, are you aware of any damage to pipes from blasting. Mr. Cohn said no he is not aware. • Andy Kessler at 29 Mountain Ave asked, when you began the work on your project, did

9 you work all the way up to where our property line meets between your property and mine at the peak of the mountain. Mr. Cohn said one of the things that Grabowski suggested was to put a fence on the property line and it was to prevent any runoff to the other property so if it was a few inches over, it was done to protect Mr. Kessler’s property. The work that was done was for the installation of the seepage tanks and that work was ten to 15 feet offset west of the property line. • Andy Kessler asked, did you remove all the underbrush from your property line at the peak of the mountain going towards your house. Mr. Cohn said yes. • Andy Kessler asked, you indicated that you were aware that water was going down the mountain at 29 prior to doing your project, is that correct. Mr. Cohn said yes to his understanding. • Andy Kessler asked, how did you know that, did you observe that. Mr. Cohn said yes, he observed it before the work was started. • Andy Kessler asked, are you aware that prior to your project, water has never flowed down the mountain. Mr. Cohn said he is not aware of that. • Andy Kessler asked, during the excavation portion of this construction, was there more water going down the mountain. Mr. Cohn said there was no more water going down during the excavation. • Andy Kessler asked, didn’t the water start going down the mountain once you removed all the shrubbery and growth that was protecting the mountain from having the water go down. Mr. Cohn said there was an 8 to 10 feet berm that was stopping the water from going down the mountain. • Andy Kessler asked. the wall that was built, how close was it to the peak of the mountain. Mr. Cohn said he is not sure what he means by the peak of the mountain but it is 15 feet away from Mr. Kessler’s property line. • Andy Kessler asked, isn’t that a violation of the steep slope ordinance that you built a wall 15 feet from the peak. Mr. Cohn said from his understanding is that it’s temporary and that it is in full compliance with the ordinance. • Jerry Sweeny asked. is the 36-inch elliptical pipe located on the property 40 Eagle Ridge Way. Mr. Cohn said yes. • Jerry Sweeny asked, was that installed by Grabowski by your request. Mr. Cohn said they got the SCD directive to clean the debris out of the ditch and install rip rap. Grabowski got to the easterly end and saw the broken pipe; he decided to replace the

by your request. Mr. Cohn said they got the SCD directive to clean the debris out of the ditch and install rip rap. Grabowski got to the easterly end and saw the broken pipe; he decided to replace the broken circular pipe with the elliptical pipe. Grabowski explained to him that elliptical pipe is more environmentally sensitive and slows velocity and Mr. Cohn believed it was a good idea. • Jerry Sweeny asked, was that part of a storm water management plan. Mr. Cohn said it was installed because of the directive from the SCD to cleanup the debris in the ditch and install the rip rap and he took that directive with the broken pipe to replace the broken pipes. • Jerry Sweeny asked, did the SCD order that the pipe be replaced. Mr. Cohn said no they did not specifically order it. The directive was about removing debris and that’s the way Grabowski interpreted it and when SCD came and saw it, they said add it to the SCD plan. • Jerry Sweeny asked, what does the 36-inch elliptical pipe connect to. Mr. Cohn said on the south end, the drainage ditch that originates from the Crystal Point wooden parcel and goes under Eagle Ridge Way and then daylights at 40 Eagle Ridge Way, water flows down there. Water also flows from all the storm basins on Eagle Ridge Way, which is fed by water run off on Eagle Ridge Way as well as water running off from high points of Crystal Point. This goes into the drainage ditch and as it goes eastward towards Llewellyn

10 Park. There is tributary from the ten 15-foot-wide slabs of land owned by the trustees of Llewellyn Park and is pitched into the same drainage ditch and both water sources funnel into the inflow of the elliptical pipe and it outflows on the top of 29 Mountain where the two pre-existing 12-inch clay pipes historically outflowed. • Jerry Sweeny asked, are you part of the condo’s association. Mr. Cohn said he is not. • Jerry Sweeny asked, did anyone consult with Crystal Point about the installation of the elliptical pipe. Mr. Cohn said no, the elliptical pipe was on my property and Grabowski was doing that from the direction of the SCD. • Jerry Sweeny asked, was Grabowski the contractor to perform all the major construction including the storm wat management construction on 40 Eagle Ridge Way. Mr. Cohn said they were the site contractors; they did all the site work and the storm water work. Upon the approval of the board, Mr. Cohn intends to utilize them to install the improvements to the storm water system. GENERAL DISCUSSION PRESENTATION • The professional engineer, Jesse Cokeley, entered on the record, he was sworn under oath, and his credential were accepted by the board. He testified to the following: • The property is 2.07 acres in size and was previously reviewed and approved as a minor development to construct the pool and pool house. • During construction, more than 1 acre of land was disturbed thus qualifying the development as a major site plan under the township storm water management regulations. • The plans and reports that have been referenced before have been submitted to the board and outlined the existing and proposed conditions for the site as well as the construction of the storm water management system to bring the site into compliance as a major development. • The existing site contains the singular family dwelling with an asphalt driveway, also the in-ground pool and pool house. • Generally, the site drains from west to east away form Eagle Ridge Road. • On the site plan page 4 of 8, Grading and Drainage Plan, the darker lines represent the proposed improvements, the light gray lines represent the existing conditions from when the project was triggered as a major development. • Under proposed conditions, the site would generally mimic the existing drainage pattern from west to east, however, the majority of the development and

project was triggered as a major development. • Under proposed conditions, the site would generally mimic the existing drainage pattern from west to east, however, the majority of the development and improvements will be captured and routed through subsurface basin to attenuate peak flow. • There is a previously installed dry well system part of the reviewed and approved minor development. • Under the township storm water regulations, a minor development is only required to capture and treat 3 inches of rain fall runoff so the 10-tank system designed by Matarazzo was designed for the 3 inches of rain fall for the pool, house, and pool house. • The design and details of the system was previously approved and included in outflow pipe downstream of the boulder wall. • As part of the major site plan application, it includes a series of pipes, drain inlets, and manholes to be installed to convey storm water runoff from the house, the pool house, and surrounding lawn area to the proposed subsurface infiltration basin. • The major development of the town storm water requirements required the applicant to design the system to attenuate peak flows per DEP storm water regulations for the 2 year,

11 10 years, and 100-year storm event, provide water quality mitigation, and ground water recharge requirements. Hence the need for the additional storm water system. • Additionally, the applicant is proposing to demolish and replace the exiting asphalt driveway with pervious pavers. • The void space of the subsurface stone provides additional storm water storage capacity. • The applicant is also proposing to construct a scour hole at the terminus of the 36-inch covert in the south east corner of the site along with the outlet control structure on the pipe. • There is also a 2-foot-wide curtain drain proposed at the perimeter of the flatter lawn area to promote infiltration. • The calculations for the sizing of the scour hole including the outflow from the dry well system shall be added to the report as requested by Matrix in their January 8th review letter. • Together the measures bring the site into compliance with the required storm water regulations. • As the driveway is reducing the motor vehicle surface and providing porous pavement and a slight reduction from the existing configuration, the water quality requirement is met. • Through proposed infiltration practices, the site is designed to maintain 100% of the average annual ground water recharge vine. • As can be seen on page 3 of the Storm Water Report, the proposed practices are designed to meet and/or exceed the required peak runoff reduction for the 2, 10, and 100-year storm events. • The storm water report includes the modeling and mapping used to calculate and demonstrate the compliance as just outlined. • Matrix’s January 8th letter includes some minor technical comments about the drainage report which they can state they have no issue in addressing as a conditional approval should the board sees fit. • Soil movement calculations shall be added to the plans and a permit shall be sought from HEPSCD. • They do not intend to remove any additional trees. • The plans also propose the construction of a tier boulder wall in the rear of the property. • On page 3, the layout plan, you can see the grayer wall is under construction, that is the wall as it is today. They are proposing to add a second wall stepped back hence the term tier to reduce the overall height of the wall. • On page 4, the grading plans, identified at the north end, the wall is non-existent, not even a foot high and as it progresses