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n replaced the 2 12-inch pipes that were discovered during the time you were following directions from the soil conservation district. Mr. Grabowski said yes. PUBLIC QUESTIONS • Michael DeCheser at 35 Mountain Ave asked why did you increase the size of the pipe. Mr. Grabowski said to give a better flow and the pipe wouldn’t be breached as easily. • Michael DeCheser asked when did you start working there with Mr. Cohn. Mr. Grabowski said he started in 2021. • Michael DeCheser asked can you speculate on why there might be an increase on water flow. Mr. Grabowski said there is no increase • Michael DeCheser asked how many trees were removed while you were there. Mr. Grabowski said he doesn’t have an answer for that. • Michael DeCheser asked do you know the approximately length of the elliptical pipe. Mr. Grabowski said he thinks it is under 60 feet. • Michael DeCheser asked is that same length as the 2 12-inch pipes that was there previously. Mr. Grabowski said most likely because there are remnants of it broken up. • Michael DeCheser asked do you know if that is completely on lot 40 property. Mr. Grabowski said he is 90% sure.

9 • Michael DeCheser asked the ditch that you put rip rap is at the beginning of the elliptical pipe and that elliptical pipe runs on an angle to the beginning of the steep slope, does that sound accurate. Mr. Grabowski said yes, you can visually see it. • Michael DeCheser asked where is the water coming from that goes into that ditch. Mr. Grabowski said most of the water comes from the surrounding properties. • Andrew Kessler at 29 Mountain Ave asked do you have any pictures of the broken pipes. Mr. Grabowski said he took a couple of snapshots. • Andrew Kessler asked have you given these pictures to Mr. Cohn. Mr. Grabowski said yes. • Andrew Kessler asked did you receive any instructions from the soil conservation group to put in the elliptical pipe. Mr. Grabowski said no. • Andrew Kessler asked did you submit any drawings to the soil conservation. Mr. Grabowski said they don’t get drawings, they just inspect. • Andrew Kessler asked the elliptical pipe that you put in, water that is running out of the end, where is it going. Mr. Grabowski said it goes downhill. • Andrew Kessler asked the water running out of the pipes, down the mountain, and then into Llewellyn Park, is that correct. Mr. Grabowski said yes, like it has historically done. • Andrew Kessler asked have you seen any of the pictures that were circulated to West Orange of the flooding that is occurring down the mountain onto Llewellyn Park. Mr. Grabowski said no. • Andrew Kessler asked where exactly is the elliptical pipe installed. Mr. Grabowski said in the exact location of where the old pipes were. • Gerald Sweeny asked you installed the rip rap in the area for the purpose of reducing soil erosion from water flow, is that correct. Mr. Grabowski said yes that’s correct. • Gerald Sweeny asked does the rip rap slow down the pace of water. Mr. Grabowski said pretty much, it contains the water in it, creates a ripple effect, and slows down the sediment movement. • Gerald Sweeny asked did you install the pipes to increase water flow. Mr. Grabowski said that is not correct. • Gerald Sweeny asked did you say there was water flow before you installed the pipes. Mr. Grabowski said there was 2 12-inch vitrified clay pipes that were compromised in age and nature and they were clogged and not working properly. The water was flowing over the pipes. • Gerald Sweeny asked was there a retaining wall on the site

ed clay pipes that were compromised in age and nature and they were clogged and not working properly. The water was flowing over the pipes. • Gerald Sweeny asked was there a retaining wall on the site when you installed the rip rap. Mr. Grabowski said yes there was. • Gerald Sweeny asked did you install it. Mr. Grabowski said there was one there historically and they just rebuilt it. • Gerald Sweeny asked what was the source of the rip rap that you installed. Mr. Grabowski said it was all from the site. • Gerald Sweeny asked did you excavate the bedrock. Mr. Grabowski said yes that’s the source. • Gerald Sweeny asked do you remember where on the site you removed the bedrock. Mr. Grabowski said yes in Mr. Cohn’s backyard. • Gerald Sweeny followed-up asking right near the slope. Mr. Grabowski said no, right up against Mr. Cohn’s house, about 20 feet away from it. • Oliver DeCheser at 35 Mountain Ave asked regarding the replacement of 2 12-inch pipes for 36-inch elliptical pipe which is about 4 times as much flow, was there a reason you were anticipating such an increase of flow through the pipe. Mr. Grabowski said it creates

10 a better sheet flow even though there is no increase of water on the site. OBJECTOR’S QUESTIONS • The attorney, Robert Simon, on behalf of Llewellyn Park asked for how long have you worked for Mr. Cohn or the WayMaker. Mr. Grabowski said since 2021. • Mr. Simon asked when in 2021 did you start to work with Mr. Cohn or the WayMaker. Mr. Grabowski said sometime in June. • Mr. Simon asked when you first started working for the WayMaker in June of 2021, was that pursuant to a written contract. Mr. Grabowski said pretty much. • Mr. Simon asked when you say “pretty much”, what do you mean by that. Mr. Grabowski said it’s a family business and is told to go to the job location and start. Mr. Grabowski said he didn’t physically see anything but he presumes there’s something there. • Mr. Simon asked did the WayMaker hire you or your family company. Mr. Grabowski said yes Grabowski Construction. • Mr. Simon asked is there a written contract between the WayMaker and Grabowski Construction. Mr. Grabowski said yes or else they wouldn’t start anything. • Mr. Simon asked what was the contract for. Mr. Grabowski said for the improvements of the backyard like the pool and pool house. • Mr. Simon asked what was Grabowski Construction actually hired to do with regard to the pool and the pool house. Mr. Grabowski said site work, excavation, they did some blasting, and they did underground storm and roof drains. • Mr. Simon asked when you did the work starting in June of 2021, did you apply for a permit from the township of West Orange to do that work. Mr. Grabowski said no he didn’t, that was Mr. Cohn’s responsibility. • Mr. Simon asked do you know in what capacity did Mr. Cohn made those applications if at all. Mr. Grabowski said no. • Mr. Simon asked with regard to your work, did you have a chance to review any of the surveys or plans created with regard to any of the work performed between June of 2012 and the present. Mr. Grabowski said yes he looked at the plans. • Mr. Simon asked what plans did you look at. Mr. Grabowski said the blueprints of the pool and the pool house • Mr. Simon asked do you know which plans specifically that you reviewed. Mr. Grabowski said no. • Mr. Simon asked when you came across the 2 broken clay pipes and you stated they were not working properly and that water was going over the pipe, where was the water going. Mr. Grabowski said down the

r. Simon asked when you came across the 2 broken clay pipes and you stated they were not working properly and that water was going over the pipe, where was the water going. Mr. Grabowski said down the hill. • Mr. Simon asked did you perform any site work in the area where you replaced the 2 clay pipes with the elliptical pipes, did you do any soil disturbance in the area. Mr. Grabowski said they put rip rap. • Mr. Simon asked did soil erosion not tell you to go in and replace the clay pipes with the elliptical pipes. Mr. Grabowski said no • Mr. Simon asked soil erosion did not instruct you to engage in any disturbance of soil in connection with removal of the clay pipes and/or the installation of the elliptical pipes, correct. Mr. Grabowski said yes that is correct. • Mr. Simon asked you did not submit any plans or drawings to the Hudson Essex Passaic Soil Conservation District in connections with the removal of the pipes or the installation of the pipes. Mr. Grabowski said correct

11 • Mr. Simon asked with regard to the deficiency notice that the property owner received in November 2023 from the soil conservation district that stated rip rap needed to be installed at the conduit outlet swell headwall, is that your recollection of what it said. Mr. Grabowski said it had to be done from end to end • Mr. Simon asked where did it say it had to be done from end to end. Mr. Grabowski said it was a verbal notice. • Mr. Simon asked didn’t the deficiency notice also state that the approved limit of soil disturbance have been exceeded and that the property owner had to submit a revised soil erosion sediment control plan. Mr. Grabowski said he can’t answer that, he wasn’t aware of that. • Mr. Simon asked when you installed rip rap in the drainage ditch, did any portion of that drainage ditch encroach upon the property commonly known as 42 Eagle Ridge Way. Mr. Grabowski said he just put it in where the water was traveling. • Mr. Simon asked do you know when you performed the rip rap installation if you were performing partly on 42 Eagle Ridge Way. Mr. Grabowski said he is not sure. • Mr. Simon asked the length of the clay pipes. Mr. Grabowski said it was 40-50 feet. • Mr. Simon asked the length of the elliptical pipe, was that also approximately 50 feet in linear length. Mr. Grabowski said 50-60 feet, he doesn’t have the exact measurements. • Mr. Simon asked are the elliptical pipes longer than the 2 clay pipes. Mr. Grabowski said yes a little bit. • Mr. Simon asked do you know whether the removal of the clay pipes for the installation of the elliptical pipe partially encroach on either 42 Eagle Ridge Way and/or Lot 11 to the south which is owned by Llewellyn Park. Mr. Grabowski said it is pretty close but to get an exact you would need to get a survey. • Mr. Simon asked when you performed the work related to the retaining wall, was there any particular plan that you followed. Mr. Grabowski said what was there was a circle of wall and tried to rebuild it of what was there. • Mr. Simon asked you performed grading or disturbance of the site in the area of the rear yard beyond that retaining wall. Mr. Grabowski said yes. • Mr. Simon asked when did you put the 10 large tanks. Mr. Grabowski said he doesn’t have the exact dates currently. • Mr. Simon asked do you have training in stormwater management. Mr. Grabowski said he has field experience. • Mr.

put the 10 large tanks. Mr. Grabowski said he doesn’t have the exact dates currently. • Mr. Simon asked do you have training in stormwater management. Mr. Grabowski said he has field experience. • Mr. Simon asked which engineer were you in consultation with during the time you performed your work at 40 Eagle Ridge Way. Mr. Grabowski said Matarazzo. • Mr. Simon asked when did you start communication with Mr. Matarazzo regarding the work you performed. Mr. Grabowski said he was hired by Mr. Cohn and he would come out and give him a cut sheet for the pool or the building. He didn’t have any in depth conversation about the site. • Mr. Simon asked did you ever discuss the removal of the clay pipes or the installation of the elliptical pipes with Mr. Matarazzo. Mr. Grabowski said no. • Mr. Simon asked prior to June 2021, did you perform work at 40 Eagle Ridge Way. Mr. Grabowski said no. • Mr. Simon asked did you install the rip rap along the entirely of the common lot line between 40 and 42 Eagle Ridge Way. Mr. Grabowski said half of it that was required by soil conservation. • Mr. Simon asked was it the half towards the rear of the property. Mr. Grabowski said it was from the rear to where it flattens out.

12 • Mr. Simon asked in that area where you installed the rip rap, were there trees and vegetation in that area as of the time you started working in June of 2021. Mr. Grabowski said there was some vegetation where the stream was that’s why they had to clean it. As far as trees, there were no trees in the way. • Mr. Simon asked when they wanted you to put rip rap in, did it require to remove any vegetation. Mr. Grabowski said he needed to take it out in order for the rip rap to work properly. OBJECTORS PROFESSIONAL PRESENTATION • The engineer, Eric Keller, entered on the record, he was sworn under oath, and his credential were accepted by the board. He testified to the following: • Mr. Keller had the opportunity to review the application materials including those that were contained in the link to the agenda for this application. • Mr. Keller also reviewed the ordinances regarding stormwater management and steep slope as part of this application. • Mr. Keller has been present for the testimonies of the applicant’s various witnesses with regard to this application. • Mr. Keller has had the opportunity to review the letter Mr. Simon submitted to the board on March 10th, 2025 outlining some concerns on behalf of Llewellyn Park. • Based on Mr. Keller’s detailed review of Mr. Simon’s letter, he agrees with the statements and conclusions that were set forth therein subject to any supplemental testimony he will provide this evening. • Bowman has worked for Llewellyn Park under stormwater issues throughout the park for quite a while. • Llewellyn Park brought to their attention an increase of flow coming from the properties uphill of the park in the vicinity of Mountain Ave. • Due to the familiarity of the park, they became involved in this case looking at the stormwater conditions that have changed overtime in the past few years associated with the property above. • The township stormwater ordinance is clear and consistent with state regulations as to what constitutes a major development and what the contents of a stormwater plan and report need to be for a major development. • The report needs to look at what the conditions were in 2004, asking it its cumulative impact. • The report that has been submitted and discussed in these hearings is incomplete and does not cover the total disturbance and change in land cover that has occurred on this property. • Due to

mpact. • The report that has been submitted and discussed in these hearings is incomplete and does not cover the total disturbance and change in land cover that has occurred on this property. • Due to this, there are significant material deficiencies in the documents before this board for the board to consider. • Mr. Keller is aware that Mr. Scott submitted a letter on March 11th, 2025, to the board and has reviewed it. • Mr. Keller agrees with the statements and conclusions set forth in Mr. Scott’s letter sent to the board on March 11th, 2025. • The township regulations and state regulations are clear in that stormwater is cumulative back to February of 2004. • This house did not exist in 2004. The stormwater report and the stormwater management system have to look at the complete history and record of the development of this site, which includes the house, the driveway that was previously constructed, as well as the

13 pool, the pool house, and the clearing of vegetation from the entire property. • It also in the stormwater regulations that you have to look at the entire tributary area to the point of analysis. The point of analysis is that point where the water course discharge into Llewelyn Park which is now the location of the concrete pipe that was installed by Grabowski. You have to look at the entire upstream area to that point and what has changed. That has not been done. • With regard to the issue about the change in the location of the drainage ditch or the water course, Mr. Keller introduces exhibit O1, an aerial photographic map dated 3/20/21 of the pre-development conditions for the stormwater management system. • Mr. Keller has annotated this plan to approximately show the property lines based upon surveys that are part of the record. To make it clear, Mr. Keller has drawn a blue line where the water course in this area was historically. • The orange lines that are drawn on the map represents the boundaries of 40 Eagle Ridge Way property. • This map shows two things. One is the conditions of the property before which are part of what needs to be incorporated into the stormwater management plans that discusses the disturbance of the property and the ground cover. The second thing this map shows is the fact that this water course has been moved, it is no longer in the location shown in the Exhibit O1. • It is no longer shown where it is on this exhibit where it is shown on the Matarazzo plans which is part of the record. • This document supports the finding and reinforces what is shown on the Matarazzo plans and the Robert’s survey about where this stream was located. • The township has a 1959 topographic survey of the township as well as a 2010 topographic survey of the township and the location of this water course is seen on both of the documents in this location as shown in Exhibit O1. • The other thing Mr. Keller wanted to point is the stormwater report states that ground water recharge is not required for this major development because it’s in a planning area 1 of the metropolitan planning area or an urban re-development area. The DEP has stated in their FAQs that does not apply to areas that were not previously developed. In the documents to claim urban re-development it has to be a previously developed area. • From exhibit O1, the rear of the property