Applicant Response letter to Diana McGovern Esq dated 3 30 26

‘LAW OFFICES HUTT SHIMANOWITZ & PLOCKER A PROFESSIONAL CORPORATION subsequently reviewed by Department staff for compliance with the Freshwater Wetlands Rules and staff determined that the application met rule requirements. As set forth herein, the Board does not have jurisdiction over the regulation of wetlands, and the public body which has jurisdiction, the NJDEP, considered and rejected the arguments of Princeton Hydro. The NJDEP has issued the requisite permits, which are contained in the record. Primary Site Access The record is clear that the only regular access to Eagle Rock Avenue is provided via Oval Road. Moreover, the TH-{ Zoning Ordinance, which was attached to the Settlement Agreement, recognizes that “unrestricted site access (ingress and egress) shall be permitted from Warner Road and Kuzik Drive.” (§ 25-19(e)(5)). When West Orange agreed to include the Subject Property as a third-round affordable housing compliance mechanism, the Township was fully aware that the only regular access to Eagle Rock Avenue from the Subject Property would be via Warner Road and Oval Road. Moreover, the Housing Element & Fair Share Plan unanimously adopted by the Planning Board on November 17, 2020, the relevant portions of which are attached hereto as Exhibit B, specifically noted that the Subject Property is suitable for the proposed development because “it is surrounded by residential uses and has Warner Road as the primary access.” (Housing Element, p. 9). Also, the West Essex Highlands Condominium Association, Inc. (the “Condominium Association”) was a party to the Settlement Agreement, acknowledging and agreeing to the proposed road configuration. With respect to compliance with New Jersey’s Residential Site Improvement Standards (“RSIS”), the Township was advised by its Township Engineer and consulting traffic engineer from CME during the four-year mediation process which culminated in the Court-approved Settlement Agreement. West Orange agrees that having Warner Road and Kuzik Drive open to regular traffic “complies with RSIS regarding traffic circulation.” (Settlement Agreement, paragraph 2.5.3, p. 8). The Board’s own engineering expert agrees. See CME Memorandum dated October 29, 2025. Specifically, CME concluded that the proposed roadway system constitutes “minor collector roadways with total traffic volume that should not exceed 3,500 trips.”

CME Memorandum dated October 29, 2025. Specifically, CME concluded that the proposed roadway system constitutes “minor collector roadways with total traffic volume that should not exceed 3,500 trips.” Id. at p.3. Accordingly, the Average Daily Traffic (“ADT”) of 2,728 trips anticipated for the proposed development complies with RSIS. The Applicant appreciates the Board’s concern regarding off-site traffic impact, including the number of cars on Oval Road. However, as the Board is aware, the Subject Property is zoned to permit a multi-family inclusionary development having a density of 496 units. Accordingly, the Board “is without the authority to deny site plan approval because of off-site traffic conditions” because “the authority to prohibit or limit uses generating traffic into already congested streets or streets with a high rate of accidents is an exercise of the zoning power vested in the municipal governing body.” Dunkin Donuts of New Jersey. Inc. v. Twp. of N. Brunswick Planning Bd. 193 N.J. Super. 513, 515 (App. Div. 1984). When the Township Council adopted the IH-1 Zoning