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are constructed on areas that have steep slopes. Mr. Cokeley said he doesn’t know. • Mr. Simon asked is there a reason why you didn’t propose any landscaping along the south or the western side of the property adjacent to Llewellyn Park. Mr. Cokeley said it was more supposed to be amenities landscaping for the applicant as part of his proposed and desired improvements. • Mr. Simon asked there is no landscaping proposed to mitigate any storm water runoff. Mr. Cokeley said it is not being taken into account in the design. • Mr. Simon asked there is fencing surrounding the property, correct. Mr. Cokeley said yes. • Mr. Simon asked with the fence in its current location, how is the equipment going to be able to get to the areas in question for that proper maintenance. Mr. Cokeley said machines if they need to can access through the gates and the fence. PUBLIC QUESTIONS • Gerald Sweeny at Llewellyn Park asked as to the application that is pending before the board, is it the preliminary and final major site plan that includes the grading and drainage plan dated 9/14/24. Chairman Bagoff said it is the plan that is published on the website. • Mr. Sweeny asked Mr. Cokeley did you prepare or sign off on that plan. Mr. Cokeley said yes his signature is on the plan.

12 • Mr. Sweeny asked is that plan in your view complete and covering all the issues of storm water management and drainage applicable to the site. Mr. Cokeley said yes. • Mr. Sweeny asked is the installation of the outlet control structure part of that plan. Mr. Cokeley said it is shown on the plan but it is not a requirement to comply with the storm water ordinance. • Mr. Sweeny asked were you aware of the directive in the planning board resolution that Crystal Lake provide protection for runoff and drainage into Llewellyn Park. Mr. Cokeley said he is not familiar. • Mr. Sweeny asked you weren’t familiar when you prepared your plan. Mr. Cokeley said he wasn’t looking at Crystal Point’s runoff as part of this application. • Mr. Sweeny asked when you considered the overall plan to deal with the storm water coming out of or entering onto 40 Eagle Ridge did you consider other directives. Mr. Cokeley said no. • Mr. Sweeny asked were you made aware of the runoff water flow into Llewellyn Park before the installation of the elliptical pipe. Mr. Cokeley said no. • Mr. Sweeny asked did you prepare the reported dated July 19th, 2024 that the recommended effect taking immediate action to stem the runoff into Llewellyn Park. Mr. Cokeley said yes. • Mr. Sweeny asked did you indicate that the majority of the runoff into the drainage channel originates from upstream properties. Mr. Cokeley said yes. • Mr. Sweeny asked that doesn’t indicate that all of it came from upstream, is that correct. Mr. Cokeley said correct. • Mr. Sweeny asked some of it came from the applicant’s property, correct. Mr. Cokeley said correct. • Mr. Sweeny asked tonight you indicated that that you did not recommend that the elliptical pipe be removed, is that correct. Mr. Cokeley said he is not proposing anything to do with it. • Andrew Kessler at 29 Mountain Ave asked do any of the drawings, studies, or reports that has been submitted to the board for this application show the 36-inch elliptical pipe. Mr. Cokeley said it is an existing 36-inch pipe that is on their plans. • Mr. Kessler asked what plans of yours are they on. Mr. Cokeley said it is pretty much on every sheet 2-6. • Mr. Kessler asked when did you do these plans. Mr. Cokeley said the survey was conducted in May 2024; that’s the basis. • Mr. Kessler asked did you have any communication with the applicant or the applicant’s counsel as to

did you do these plans. Mr. Cokeley said the survey was conducted in May 2024; that’s the basis. • Mr. Kessler asked did you have any communication with the applicant or the applicant’s counsel as to show or not to show the existing 36-inch pipe. Mr. Cokeley said no. • Mr. Kessler asked was that decision made by your group of engineers as experts that it should be shown on your drawings. Mr. Cokeley said it was picked up on the survey and he wouldn’t take something off of the survey. • Mr. Kessler asked when you saw it was there, did you have any communication with the town engineer concerning the 36-inch pipe. Mr. Cokeley said they did prepare a memo in July that was shared with the town but it is not part of this application. He did not talk to her directly. • Mr. Kessler asked did you receive a response from the town engineer concerning the 36- inch pipe. Mr. Cokeley said he believes they were directed to file a major site plan application. • Mr. Kessler asked did the town engineer request any information about the 36-inch pipe in your application. Mr. Cokeley said just that it complies with the ordinance.

13 • Mr. Kessler asked did you have discussions with anybody else in the town like the zoning officials concerning the 36-inch pipe. Mr. Cokeley said no. • Mr. Kessler asked have you have any discussions with anyone in the town like the zoning officials concerning with anything to do with this matter. Mr. Cokeley said no. • Mr. Kessler asked are you aware of a CME report dated December 18th, 2023 and January 11th, 2024 concerning 40 Eagle Ridge Way. Mr. Cokeley said he believed he received that memo. • Mr. Kessler asked what did you take into consideration from this report with respect to what you filed with the board. Mr. Cokeley said their intention was to design a storm water management plan that complies with the ordinance and that is what they done; the memo did not impact his design. • Mr. Kessler asked is it your understanding that CME associates were retained by the township of West Orange to do an assessment of this property. Mr. Cokeley said he thinks the memo says they were acting as the consultant engineer for the township. • Mr. Kessler asked the report says prepared by Joseph Sullivan, Professional Engineer, did you have any discussion with Mr. Sullivan. Mr. Cokeley said no. • Mr. Kessler asked what document did you rely upon to say there was water runoff existing into Llewellyn Park prior to the installation of the 36-inch pipe. Mr. Cokeley said the Matarazzo plans and the 2024 survey shows the drainage pattern going to Llewellyn Park. • Mr. Kessler asked did you see any documents prior to the disturbance of the property by the applicant that shows water runoff going down from Eagle Ridge into Llewellyn Park. Mr. Cokeley said the Matarazzo plans from 2023 show the existing conditions travelling in the ditch. • Mr. Kessler asked when was the disturbance of the property by the applicant. Mr. Cokeley said initially after the Matarazzo plans were approved in 2023. • Mr. Kessler asked you haven’t seen any pictures prior to the disturbance showing the runoff of the water going down into the mountain and down into Llewellyn Park. Mr. Cokeley said no. • Michael DeCheser at 35 Mountain Ave asked are you aware of the ditch from the street to the elliptical pipe. Mr. Cokeley said yes. • Mr. DeCheser asked are you aware that when you hit the elliptical pipe it turns at a 110 degree turn to the left. Mr. Cokeley said yes, the 36-inch elliptical pipe is at

pipe. Mr. Cokeley said yes. • Mr. DeCheser asked are you aware that when you hit the elliptical pipe it turns at a 110 degree turn to the left. Mr. Cokeley said yes, the 36-inch elliptical pipe is at an angle. • Mr. DeCheser asked right where the elliptical pipe starts, there is a pit there, did you notice if there is an additional channel running to that pit. Mr. Cokeley said he didn’t notice that. *The application has been carried to the March 12, 2025, Planning Board regular meeting without further notice. * Meeting adjourned at 10:53 P.M. ADOPTED: ___________________________________ Jamilet Baquerizo Vite Planning Board Secretary