Applicant Response letter to Diana McGovern Esq dated 3 30 26

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.