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is regulated water and for them to look into it. • Ms. Triolo asked Mr. Scott if he filed with the DEP. Mr. Scott said yes. • Ms. Triolo asked Mr. Scott what did he file. Mr. Scott said he reached out and contacted them to let them know. He sent them historical mapping, the 1959 topographic mapping as well as the 2010 topographic mapping. • Ms. Triolo asked Mr. Scott who did he contact. Mr. Scott said he doesn’t know the name specifically right now but can provide that as well as the information that was sent. • Ms. Triolo asked Mr. Scott did he do this before or after the planning board application was being heard. Mr. Scott said after the application was being heard. • Ms. Triolo asked Mr. Scott is she can get a copy of what was submitted and to whom it was submitted. Mr. Scott said yes, she will get it tomorrow. • Ms. Triolo asked Mr. Scott if he knows when he contacted the DEP. Mr. Scott said it was sometime after the meeting that was held at city hall between the municipal engineer, Ms. Carballo, himself, Mr. Keller from Bowman, Llewellyn Park’s engineer, and one of Mr. Cokeley’s colleagues at Collier’s Engineers. During this meeting they were directed by the municipal engineer to reach out to the DEP. • Ms. Triolo asked Mr. Scott if at the meeting did, he announce that he was going to contact the DEP or did it happen afterwards. Mr. Scott said it was after the meeting.

7 • Ms. Triolo asked Mr. Scott if there was any reason why he didn’t tell Mr. Cokeley, the property owner, or tell the attorney for the planning board to communicate with Ms. Triolo about this communication with the DEP. Mr. Scott said there was no reason. • Ms. Triolo asked Mr. Scott if anyone told him not to tell them. Mr. Scott said no. • Ms. Triolo asked Mr. Scott as part of the drainage area, if he is aware of the topography that not all of Crystal Point comes out to Eagle Ridge Way. Mr. Scott said he knows a portion of it does but he doesn’t know if all of it does. • Ms. Triolo asked Mr. Scott that Mr. Cokeley would analyze that portion and not all of Crystal Point. Mr. Scott said yes whatever area that is going to that drainage ditch is what he should be analyzing. • Ms. Triolo asked Mr. Scott if he has said or written that he disagreed with the storm water management system that Collier has proposed for Lot 40. Mr. Scott said only what was in his initial review letter. • Ms. Triolo asked Mr. Scott if he received a copy of Collier’s geotechnical data report on April 2, 2025. Mr. Scott said yes. • Ms. Triolo asked Mr. Scott if he was present at the site when the work was done and ordered to test the soil. Mr. Scott said yes. • Ms. Triolo asked Mr. Scott if he observed that they complied with regard to consistency and percolation. Mr. Scott said yes. • Ms. Triolo asked Mr. Scott as the engineer for the planning board he has no issue with the design Collier presented for storm water management for 40 Eagle Ridge Way. Mr. Scott said he agrees with that. PUBLIC QUESTIONS • Jerry Sweeny, a resident of Llewellyn Park and one of the participants in the meeting to try to work out the engineering plan, asked why is the documented presented as Exhibit A referred to Amended Landscape Plan when looked at earlier it was described as Grading and Drainage Plan because it does include elements of the storm water management. Mr. Cokeley said it was originally intended mostly for the ground covers so Mr. Sweeny is right after the meeting earlier today after adding the curtain drain the title shouldn’t be amended landscape plan and can change it for the inclusion of the settlement agreement. Mr. Cokeley said it will be named Amended Landscape and Drainage Exhibit. • Mr. Sweeny asked Mr. Cokeley is it his opinion that the changes that were made such as the addition of the

lement agreement. Mr. Cokeley said it will be named Amended Landscape and Drainage Exhibit. • Mr. Sweeny asked Mr. Cokeley is it his opinion that the changes that were made such as the addition of the curtain wall, the additions of the tress, landscaping, and vegetation, was that necessary and appropriate for storm water management. Mr. Cokeley said it was very appropriate. He thinks the storm water system they had previously designed was necessary and met the code requirements. He also thinks the additions of the curtain drain and the extense of the ground cover and additional trees will enhance the plan. APPLICATION SUMMATION • Ms. Triolo stated the application was for storm water management system. • Collier presented a complete and detailed plan and testified that the design exceeded the requirements of the township ordinance and the state’s code requirements. • Not only is the underground chamber system proposed for the storm water management, there are interconnections to pre-existing 10 seepage tanks that further enhance the system and that the plan submitted for storm water management also included a reduction in size of the applicant’s driveway and a replacement of the driveway with pervious pavers to further educe any impact to storm water flowing on the property. • After they a prior meeting there were questions concerning the soil and Collier then did a

8 geotechnical investigation of the property where the chambers were proposed to be located. • A geotechnical data report was generated on April 2, 2025 to show that the soil was better than they have calculated. Their calculations were based on assumptions. Their assumptions were more conservative than the actual soil that was present and were more than adequate, they were exemplary for the chamber system. That report was submitted to the board. • The applicant’s testimony explained that this is his home and filed for permits and inadvertently the contractor disturbed more than an acre of property. That was never his intention. • It was never his intention to construct a 10-foot wall, that was a wall that was located on the property as a temporary showing and that the applicant testified that it was his intention to bring his property to compliance and was left under the impression that he could restore everything and not end up in a situation where he had a violation. • Collier was hired and Collier then came up with the storm water management plan and has provided excellent testimony, excellent backup, and then went beyond that with meeting Llewellyn Park. In this meeting they come up with an enhanced landscaping plan and additional curtain drain in the lawn area to assure that all of the enhancements and betterment with regard to the storm water management stem were implemented. • Ms. Triolo states that the board has a good faith applicant before them who proceeded by permit. The contractor made a mistake and came before the board. • Ms. Triolo states that the outreach to Llewelyn Park and to agree to do additional planting and give Llewellyn Park additional insurances and to enhance the system shows the good faith of the applicant. • The replacement of the concrete elliptical pipe with stone is further indication of the good faith of the applicant and the matter in which he approached this. • The broken pipes were replaced again. It was thought there was nothing to it because they were broken clay pipes and were replaced with something that was more manageable and they are willing to take it out and put in stone. • This is an applicant that has been living in West Orange for 27 years and plans to stay there. • Ms. Triolo states this application is complete, it is well based, well supported and asks the board to vote to approve it. Due to the outreach to

in West Orange for 27 years and plans to stay there. • Ms. Triolo states this application is complete, it is well based, well supported and asks the board to vote to approve it. Due to the outreach to Llewellyn Park and with the settlement agreement that has been submitted to the board, the applicant is perfectly fine with having the settlement agreement a conditional approval if the board should vote in that matter. GENERAL DISCUSSION PUBLIC COMMENT Motion: Chairman Bagoff Second: Mr. Guarino Alper: Y Morgan: ---- Bagoff: Y Scarpa: Y Cardoza (Alt.2): Y Smeraldo: ----

9 Guarino: Y Wilkes: Y Kapferer: ---- Klein: Y Mayor McCartney: Y Meeting adjourned at 8:35 PM. ADOPTED: ___________________________________ Jamilet Baquerizo Vite Planning Board Secretary