Applicant Response letter to Diana McGovern Esq dated 3 30 26

LAW OFFICES HUTT SHIMANOWITZ & PLOCKER A PROFESSIONAL CORPORATION of Essex Fells, and as evidenced by the Mayor’s on-the-record comments to the Board, Essex Fells has made clear that it will not consent to the opening of the Essex Fells portion of Oval Road for regular access. Nonetheless, West Orange has agreed that “if, in the future, it deems it necessary to open the portion of Oval Road [into Essex Fells], it will reach a mutually acceptable agreement with Essex Fells.” Sce 1987 Agreement, paragraph 4. However, as set forth above, a second primary access to Oval Road and Eagle Rock Avenue is neither required to comply with RSIS nor needed to address any safety concerns. The record is clear on this issue, and Applicant relies on the record, the Settlement Agreement, and JH-1 Zoning ordinance. Water Although the water approval process is typically a condition of approval which takes place during resolution compliance, the Applicant sought and obtained a will-serve letter and entered into an Extension Deposit Agreement with the water utility, New Jersey American Water Company (“NJ American”). As set forth on the site plan, the Subject Property will have a looped water system connected to the Condominium’s water lines under Warner Road and Kuzik Drive. The Applicant has “the perpetual right to connect into and use... without any restrictions and conditions... all of the utility systems, including, but not limited to, electric, gas, water, storm drainage, sanitary sewerage, retention/detention basin(s) located on the [Condominium property].” See Easement Agreement (Exhibit A-6). The Applicant must comply with the Building Code to ensure that each building will have the necessary mechanical devices and fixtures for proper on- site water service. There is no objective evidence in the record to support the contention that a water tower is required for the Subject Property, which NJ American has already agreed to service. If, for any reason, a separate water tower structure is required, Applicant recognizes that it would need to apply for amended site plan approval. Tree Replacement Plan The Overall Landscape Plan is located on site plan sheet SP-29 and identifies the species of trees and plants to be installed on the Subject Property. The tree replacement calculation is set forth on site plan sheet SP-3. As the Board knows, and as supported by the

d identifies the species of trees and plants to be installed on the Subject Property. The tree replacement calculation is set forth on site plan sheet SP-3. As the Board knows, and as supported by the record, Applicant satisfies the tree removal and replacement requirements of the IH-1 Zoning Ordinance. Emergency Access The Subject Property has direct emergency access to Howell Drive at the north end of Building D. This access was expressly recognized in the Concept Plan and Settlement Agreement and is expressly permitted by the IH-1 Zoning Ordinance. (§ 25-19(e}(6)). The emergency access road is 16 feet wide and can accommodate the Township’s emergency vehicles. The road will be circumstances under which the Essex Fells portion of Oval Road may be utilized for emergency vehicles only. (Deed Book 5012, Page 585).

LAW OFFICES HUTT SHIMANOWITZ & PLOCKER A PROFESSIONAL CORPORATION paved and has a slope of 10%, which complies with RSIS and is consistent with the Subject Property’s other roadways. The emergency access will be controlled by a locked gate for which West Orange’s emergency services personnel will have a key or other means of access to be determined by the Township. The Township’s emergency services personnel will determine if, and when, the access will be utilized, as well as the scope of use. It is anticipated that emergency services will typically utilize Warner Road and Kuzik Drive for access, and that the Howell Drive access will only be used in the extreme scenario that the Warner Road and Kuzik Drive entry points are inaccessible. Applicant will be required to maintain the Howell Drive emergency access in satisfactory condition for use by West Orange’s emergency personnel. As such, the emergency access road will be kept free of debris, excessive landscaping and snow, and will be included as part of the Subject Property’s regular maintenance schedule. All on site employees and outside contractors will be instructed to regularly maintain the emergency access road to ensure its unobstructed access. In the unlikely event of an emergency which causes the closure of Oval Road between Bongart Drive and Eagle Rock Avene (thereby rendering Eagle Rock Avenue inaccessible), another point of emergency access exists through the Essex Fells portion of Oval Road as provided for in the Oval Road Agreement. As set forth therein, “emergency vehicles” are permitted to use this access. The Oval Road Agreement defines “emergency vehicles” as including, but not limited to, “firefighting equipment of all types, police vehicles, ambulance-rescue equipment, and such other vehicles as shall be directed by the West Orange Police Department.” (Oval Road Agreement, 4 3). Applicant is unaware of any instance when the Oval Road emergency access has been utilized. Ultimately, West Orange’s emergency personnel will dictate whether the emergency access points would be utilized and the overall scope of their use, if necessary. Applicant will work with the Township to establish set parameters regarding emergency access to the extent possible, but Applicant expects that the decision to utilize the access will be on a case-by-case basis and at the discretion of the Township’s

set parameters regarding emergency access to the extent possible, but Applicant expects that the decision to utilize the access will be on a case-by-case basis and at the discretion of the Township’s emergency services. Again, the record is sufficient on this issue and the proposed emergency access is supported by the Settlement Agreement and IH-1 Zoning Ordinance. Condominium’s Sewer Line Applicant does not own and is not responsible for the maintenance of the underground sewer line which traverses an easement through the Subject Property (the “Condominium Sewer Line”). The Condominium Sewer Line is owned by and used solely by the Condominium Association, and it is the Condominium Association which is solely responsible for its maintenance and repair. As supported by the record, Applicant does not propose to connect to or otherwise rely upon the Condominium Sewer Line. Applicant provides the following historical

LAW OFFICES HUTT SHIMANOWITZ & PLOCKER A PROFESSIONAL CORPORATION information regarding the Condominium Sewer Line as a courtesy in response to the Board’s inquiry, but does not rely upon it in support of the Application. The Condominium Association is the successor-in-interest to West Essex Highlands, Inc. regarding the Condominium property in connection with the 1989 Easement Agreement (Exhibit A-6). Pursuant to that Agreement, the Association has a sewer easement running from south to north under the Subject Property. Upon information and belief, the easement contains the Condominium Sewer Line, a force main which is connected to a pump station located on Condominium Association property. The Condominium Sewer Line connects to a manhole in Howell Drive and the sewage is transmitted into Verona’s sewer system. Pursuant to the Easement Agreement, the Condominium Association has “the perpetual right to install, construct, repair, maintain, reconstruct, operate and use without any restrictions or conditions” the Condominium Sewer Line. Over the years, beginning prior to 2020, Applicant was alerted by the Township to a sewer smell emanating from the Condominium Sewer Line. Applicant met in the field with the Township Engineer and a representative from the Department of Public Works (“DPW”) and discovered that certain manhole covers had been pried loose, likely by acts of mischief. In the summer, when the effluent was not flowing at a high rate, smells did escape. Applicant learned from the Condominium Association that they were having issues with their pump station. Although the Condominium Sewer Line is owned by the Association, Applicant had a contractor, Grabowski Construction, Inc., seal the manholes with concrete so that they could not be pried loose again. The sealing of the manholes was inspected-by-the-DPW.-Applicant- performed. this-work-as.a courtesy to the Township and the Condominium Association, even though the maintenance of the Condominium Sewer Line was the Association’s responsibility. After the sealing of the manholes, Applicant was not apprised of any issue in connection with the Condominium Sewer Line until April 2023, when the Township received a neighbor complaint. Coincidentally, this was shortly after the community received mailed notices regarding Applicant’s application for NJDEP permits in connection with the development of

ip received a neighbor complaint. Coincidentally, this was shortly after the community received mailed notices regarding Applicant’s application for NJDEP permits in connection with the development of the Subject Property. However, despite visiting the Subject Property on numerous occasions, no smell was detected and Applicant did not hear from the Township again. As aresidential developer seeking to develop the Subject Property, Applicant has no desire to have a smell emanating from the Condominium Sewer Line. As it has done in the past, my client will take seriously any future issue concerning the Condominium Sewer Line which may arise, even though the maintenance and repair of the line is the Association’s responsibility. We trust that the foregoing addresses the Board’s inquiries. As a result of almost 30 mectings spanning more than one-and-a-half years, the Board has a complete record so that it may now make an informed decision. Except for the one bulk variance (building foundation exposure) and a single de minimis exception (sidewalks on one side of a portion of Warner Road/Road D), which the Board has already voted to approve, the Application conforms with the requirements of the IH-1 Zoning Ordinance as contemplated by the Settlement Agreement.

‘LAW OFFICES: HUTT SHIMANOWITZ & PLOCKER A PROFESSIONAL CORPORATION Thank you for your courtesies. Kindly provide at your éarliest convenience the hearing date on which the Board will conclude this matter. Very truly yours, PLA BRYAN D. PLOCKER, ESQ. BPlocker@huttshim.com ce: Jamilet Baquerizo Vite, Board Secretary (via email)