Objector WeCare Response dated May 4 2026 to Letter of Bryan D Plocker Esq

does not demonstrate feasibility. All the site plan demonstrates, and all that Mr. Plocker has shown in his March 30, 2026 response, is that a sewer line is proposed to link up to the public system but no evidence of capacity of the system to absorb this additional load is presented. That is what the Appellate Division in Field v. Franklin Township means by “feasibility”, not merely tracing a line on a site plan. The applicant has simply failed to meet the requirement of the law. Along these same lines, as far as I can tell, the Applicant has never addressed either the detailed requirements of CME’s Sanitary Sewer Review #1, dated December 8, 2025, or the broader municipal infrastructure concerns expressed by Township Engineer Zayibeth Carballo in her October 31, 2025 memorandum to the Planning Board and her related testimony to the Board at its November 10, 2025, public meeting regarding the 4th Round Affordable Housing Plan. CME enumerated many specific requirements for the applicant regarding general, off-site and on-site matters. I found no response from the applicant on the Planning Board’s agenda or elsewhere. Finally, Mr. Plocker’s claim that West Orange under the 2020 Settlement Agreement has an obligation to “endorse all required third-party applications for sewer service”, does not demonstrate or meet the feasibility test. It is the duty of the applicant in any site plan under Field and later decisions to affirmatively demonstrate feasibility, not to claim the municipality is obligated to approve sewer service in the absence of any analysis demonstrating it is both safe and feasible. The reference in the Settlement Agreement simply means that if feasibility is shown, the municipality may not withhold approval but it cannot be construed to mean that approval must be granted when the applicant has failed to meet its duty to demonstrate that sewer service is feasible and that the increased waste flow can be safely accommodated by the community’s infrastructure. The Board already knows from the West Orange engineer’s presentation that, at present, it is doubtful that there is existing capacity. It is the applicant’s duty to undertake or obtain this analysis proving feasibility and present it to the Board — it has not done so. 5