Applicant Response letter to Diana McGovern Esq dated 3 30 26

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