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).