Applicant Response letter to Diana McGovern Esq dated 3 30 26

LAW OFFICES HUTT SHIMANOWITZ & PLOCKER A PROFESSIONAL CORPORATION Ordinance, it exercised its zoning power to sanction the traffic generated by the development of the Subject Property. While it is understandable to focus on ADT, there is nothing in the Board record to suggest that the regular use of Warner Road and Oval Road is unsafe under existing conditions or would pose a safety issue after the proposed development is constructed. Both Warner Road and Oval Road have 40-foot wide cartways and were designed to accommodate vehicular traffic. As supported by the record and set forth in further detail below, Applicant’s traffic engineer analyzed the post-development Levels of Service (“LOS”) for Warner Road and Oval Road and found that they have an acceptable LOS. There has been zero evidence offered to support the idea that either of the roadways is unsafe or does not have the capacity to accommodate the anticipated traffic volumes. With respect to the ingress and egress at the intersection of Oval Road and Eagle Rock Avenue, the installation of the required traffic signal will serve as a significant improvement to public safety. A detailed LOS analysis was provided as part of Appendix F (pp. 15-27) to the Traffic Impact Study prepared by Langan Engineering and Environmental Services, LLC (“Langan”) dated June 19, 2024. As set forth therein, the overall LOS for all portions of Eagle Rock Avenue will remain the same under as-built conditions as they are under existing no-build conditions, despite the added traffic.! Importantly, the LOS for the Oval Road-Eagle Rock Avenue intersection under signalized conditions represents a marked improvement compared to the current unsignalized no-build conditions. See Appendix F to Langan report, pp. 16, 18 & 20). There is no question that the intersection will be safer post-construction with the traffic signal than the unsignalized intersection which exists today. Finally, virtually all approaches/movements along Oval Road and all Condominium Roads under as-built conditions will have a LOS of “A” (38 out of 44). The remaining approaches/movements will have a LOS of “B”. See Appendix F to Langan report, pp. 20-26. Notwithstanding the foregoing, the Board requested that the Applicant explore a potential secondary primary access. The only other physically possible connection would require the opening of Oval Road

Notwithstanding the foregoing, the Board requested that the Applicant explore a potential secondary primary access. The only other physically possible connection would require the opening of Oval Road into Essex Fells, which access is currently gated and may only be used for emergency access at the discretion of the West Orange Police Department pursuant to a written agreement (the “Oval Road Agreement”). In past discussions between my client and the Mayor | Alternative as-built conditions were analyzed assuming unit counts of 350, 550, and 683 for the Subject Property, Applicant proposes the development of 496 units, as required by the TH-1 Zoning Ordinance. ? The Board’s record includes a Declaration of Easement and Right of Way Agreement dated January 19, 1988 between Allied Signal, Inc., Essex Fells Country Club, and West Essex Highlands, Inc., recorded with the Essex County Clerk on January 28, 1988 in Deed Book 5012, Page 571. That recorded document contains the Oval Road Agreement, a 1987 Agreement between the Township of West Orange, the Township of Essex Fells, and West Essex Developers, Inc., the predecessor in interest to West Essex Highlands, Inc. The Oval Road Agreement governs the 5