PB 24 01 West Essex Highlands Inc Draft Resolution

{West Essex Highlands- Resolution Final} RESOLUTION Township of West Orange Planning Board PB 24-01 West Essex Highlands, Inc./ Warner Road Block: 179 Lot: 32; Zone: IH-1 Decided on May 6, 2026 Memorialized on June 3, 2026 Application for Preliminary and Final Major Site Plan Approval with Bulk Variance to Develop a 496-Unit Inclusionary Multifamily Residential Development WHEREAS, West Essex Highlands, Inc. (Hereinafter the “Applicant”) has made an application for Preliminary and Final Major Site Plan approval with Variance to develop a 496- unit inclusionary multifamily residential development on a vacant 120 acre property in the northwest corner of the Township fronting Warner Road, also known as Block: 179; Lot 32 (the “Property”), in the IH-1 zone; and WHEREAS, properly noticed public hearings were conducted on July 30, 2024, July 31, 2024, August 14, 2024, September 11, 2024, October 30, 2024, November 13, 2024, December 11, 2024, January 29, 2025, February 26, 2025, March 19, 2025 (no testimony due to technical problems), April 30, 2025, June 4, 2025, June 23, 2025, June 30, 2025, July 16, 2025, July 30, 2025, August 13, 2025, August 25, 2025, September 3, 2025, September 17, 2025, October 22, 2025, October 29, 2025, November 10, 2025, December 3, 2025, December 10, 2025, January 14, 2026, January 28, 2026, February 11, 2026 (no testimony- adjourned due to death in the family of attorney), March 4, 2026, April 15, 2026 (no testimony or deliberation) and May 6, 2026; WHEREAS, the Applicant was represented by Bryan D. Plocker, Esq of Hutt, Shimanowitz & Plocker, P.C.; and

WHEREAS, the Applicant provided testimony from Mark Hoffman, Partner with Garden Homes and principally responsible for the design, development and construction of the West Essex Highlands, Inc. project, Paul Anderson, PE. of Anderson Consulting Services, LLC, as a professional engineer, and Laurance D. Appel, R.A., of Appel Design Group, P.A., as a professional architect, Karl A. Pehnke, P.E. of Langan Engineering and Environmental Services, LLC, as a traffic engineering expert, Mark Seel, P.E. of Langan Engineering as a geotechnical engineering expert, and John McDonough, LA,PP as a professional planner, and WHEREAS, the Applicant submitted the following documents to the Board in the form of the application package and additional supplemental revised reports: ITEM SIGNED BY DATE/REVISION Preliminary and Final Site Plan Drawings (60 sheets) Paul W. Anderson P.E. of Anderson Consulting Services. 6/24/2024 Stormwater Management Report Paul W. Anderson, P.E. of Anderson Consulting Services 6/24/2024 revised 10/28/2024 Traffic Impact Study Karl A. Pehnke, P.E. and Eric J. Viloria, P.E. 6/19/2024 Comments Letter to CME review memorandum Paul W. Anderson, P.E. 6/27/2024 Topographic Survey of Tax Lot 32, Block 179 (1 sheet) Jeffrey S. Grunn, PLS, Lakeland Surveying 9/6/2023 Architectural Plans (24 sheets) Laurence D. Appel, R.A. of Appel Design Group 5/13/2024 Settlement Litigation Agreement between West Essex Highlands, Inc. and the Township of West Orange 4/23/2020 Drainage Report Paul Anderson, P.E of Anderson Consulting Services 10/30/2023 Planning Board Resolution 4/5/2006

Planning Board Resolution 2/2/2005 Planning Board Resolution for Block 166, Lots 702 and 8 5/5/2005 Planning Board Resolution for Block 167 Lots 25-2301, 30- 3001-3002-3003-3004-3005 5/5/2005 Geotechnical Investigation Report Atilla Sencar, P.E. of Sor Consulting Engineers, Inc. 4/19/2021 Subsurface Investigation Report, Subsurface Stormwater Management System Antilla Sencar, P.E. of Sor Consulting Engineers, Inc. 4/19/2021, 5/23/2023, 2/12/2024, 4/4/2024 and 5/23/2024 Subsurface Investigation and Global Stability Memorandum Mark K. Seel, P.E. of Langan Engineering and Environmental Services, LLC 1/14/2025 Executive Summary of Global Stability Study for Eastern Slope near Building D Mark K. Seel, P.E. of Langan Engineering and Environmental Services, LLC 1/14/2025 De Minimis Exception Request Letter Bryan D. Plocker, Esq. of Hutt Shimanowitz & Plocker 7/18/2024 De Minimus Exception Request Letter Bryan D. Plocker, Esq. of Hutt Shimanowitz & Plocker 6/3/2025 WHEREAS, Applicant submitted additional exhibits to the Board during the course of the hearings as follows:

ITEM EXHIBIT DATE Applicant Engineer’s Power Point A-1 7/30/2024 Architect’s Power Point A-2 7/31/2024 Foundation Exposure A-3 8/14/2024 Email from DEP A-4 7/31/2024 Higher resolution of Seel report page 2 A-5 9/15/2025 Easement Agreement A-6 2/14/1989 Declaration of Easement Right of Way Agreement between Allied Signal and Essex Fells Country Club with cover letter A-7(1) 1/19/1988 Letter from Byran D. Plocker, submitting Easement A-7(2) 10/22/2025 WHEREAS, representatives of the public were provided with an opportunity to pose questions of the Witnesses and also had an opportunity to offer statements in regard to the Application; and WHEREAS, Bruce I. Afran, Esq. represented WeCare and individual objectors to the Application; and

WHEREAS, objectors provided documents, reports and testimony from Sean Walsh, P.E. of Princeton Hydro as a professional engineer, Mark Gallagher, Vice President of Princeton Hydro as an expert in wetlands ecology and hydrology, Geoffrey Goll P.E. President of Princeton Hydro as an environmental and geotechnical engineer, Emile DeVito (Ph.D. Forestry), Professor Luke Bulter, Ph.D. (Zoologist and Avian Biologist), Alexander Litwornia, P.E. (Traffic), William H. Green, III, P.E., John Hasse, Ph.D. (Professor of Geography); and WHEREAS, the Board reviewed and considered the Application and the documents submitted therewith, the testimony of the Witnesses and members of the public; and WHEREAS, the Board also considered the testimony and filed review letters and reports of its professionals at the hearing, including review memos dated June 26, 2024 and July 29, 2024 from John J. Hess, P.E., PP, CME (Township Engineer), Traffic Impact Study dated July 26, 2024 from Kevin E. Chen, P.E., PTOE of CME, Report dated October 29, 2025 by John J. Hess, P.P., P.E., CME regarding response to Objector’s Traffic Review, Report by John J. Hess, P.E., P.P., CME dated August 15, 2025 regarding Response to Objector’s Stormwater Management System Review, Preliminary and Final Site Plan Review #3 dated June 13, 2025 by John J. Hess, PE, PP, CME, Review Report of Environmental Conditions dated July 1, 2024, a report dated October 16, 2024 and power point presentation from Wayne D. DeFeo, LEED AP, BD&C, Principal of DeFeo Associates, a report dated November 6, 2024 from Wayne DeFeo, Principal of DeFeo Associates, Memorandum from Fire Chief Anthony A. Vecchio dated August 1, 2024, a Planner’s Report by Gerard M. Haizel, PP, AICP, Principal of Nishaune Group, Township Planning Consultant dated June 30, 2024, a supplemental report from CME dated August 15, 2025 by John Hess, PE, PP, CME re: response to Objector’s Stormwater Management System Review with testimony from Ryan MacNeil of CME regarding the stormwater management plan offered by Applicant and with

a review and comparison to the report prepared by Objector’s expert, Geoffrey Goll, P.E. of Princeton Hydro, Report of Samuel N. Kleinberg, P.E. of CME dated October 28, 2025, testimony of Samuel N. Kleinberg, P.E. regarding slope stability and geotechnical engineering for the site and report of Michael Dziubeck, P.E. of CME dated December 8, 2025 regarding Sanitary Sewer Review #1; NOW THEREFORE, the Board makes the following findings of fact, based upon the evidence presented at its public hearing, at which a record was made: 1. The Applicant requested approval for Preliminary and Final Major site plan approval with one c variance and two RSIS exceptions to develop a four hundred and ninety-six (496) unit residential development, of which one hundred (100) units to be designated affordable units. 2. The proposed development included residential amenities including a clubhouse with a swimming pool, a pet kennel and dog park, walking trails and roof amenities on Building D. 3. The proposed development was the result of a Settlement of Litigation Agreement dated April 2020 between West Essex Highlands, Inc.(the Applicant), West Essex Highlands Condominium Association and the Township of West Orange. The Settlement Agreement was approved pursuant to court order in connection with litigation involving the Township and its obligation to provide affordable housing within the Township. 4. On August 11, 2020, the Township introduced the IH-1 Zoning District for the site in question with said ordinance being adopted on October 20, 2020.

5. The proposed multifamily development is permitted as a principal use in the IH-1 District, and the proposed amenities are permitted as accessory uses in the zone. 6. The subject property encompasses a total of 120 acres, and is located in the northwestern area of the Township and is bordered by West Essex Highlands Condominium and The Grande at Pleasantdale Chateau single family development to the south, Mayfair Drive and Rosemont single-family developments to the east, Howell Drive to the north, and the Township of Essex Fells to the West. 7. The site is unimproved and heavily vegetated with mature trees. 8. Wayne DeFeo, LEED AP, BD&C, of DeFeo Associates was retained by the Board to provide testimony as to the health of the forest. Mr. DeFeo testified that the forest is unhealthy due to massive deer foraging and the onset of beech disease to the beech trees, and diseased and dying Ash trees. There are few young trees in the current forest, few seedlings and an overwhelming presence of invasive plants. It was Mr. DeFeo’s opinion that the use of deer fencing would allow the remaining non-developed acres of forest to regenerate. 9. Primary access to the site will be from Kuzik Drive and Warner Road from the south, via Oval Road and Eagle Rock Avenue. The Applicant committed to installing a traffic signal at the intersection of Oval Road and Eagle Rock Avenue to manage the anticipated increase in traffic. 10. The layout of the site called for four (4) 4-story residential buildings, which would be located at the approximate center of the site. Each of the buildings would have a mix of one, two and three-bedroom apartments, some of which will include a den.

11. The plans demonstrated that the project will be built to the west of the ridgeline as required by the IH-1 ordinance; however, Building D, which is closest to the ridgeline was at its closest point was 13 feet from the ridge of a steep slope. 12. The proposed development included a total of four hundred and ninety-six (496) apartments, of which 20% (100) would be designated as affordable housing units. 13. Applicant proposed that the site would be accessed from the south from Kuzik Drive, which would be extended onto the site, where it would be 22 feet in width and would be lined with a 4-foot-wide sidewalk on each side. 14. The proposed roadway would continue past the proposed location of the dog park before extending to the east, with proposed Building A (consisting of two sections, A- 1 and A-2) on the southern side and Buildings B and C on the opposite (north) side. As the road continued east past the Clubhouse, there was a traffic circle to allow traffic to go to the north where the road would enter the surface parking area in front of Building D (also in two sections, D-1 and D-2). 15. There was a proposed gated emergency access roadway to the north to access the cul- de-sac on Howell Drive between Lots 8 and 9 of Block 179.17. 16. Objectors introduced testimony from Traffic Engineer, Alexander Litwornia who prepared a report dated August 22, 2025. Mr. Litwornia testified that it was his opinion that due to the single entrance into and out of the site this entire project should be considered a cul-de-sac and he further criticized the traffic design as having a grade that is too steep as he believed the maximum grade permitted was 5% for a minor collector road. Litwornia further criticized the proposal to install a traffic light at Oval

Road at Eagle Rock Avenue due to its close proximity to the traffic light already at Laurel Avenue intersection of Eagle Rock Avenue. 17. In response to Alexander Litwornia’s testimony, Applicant’s traffic expert, Carl Pehnke, testified that the site has three (3) points of access: Warner Road, Howell Drive (emergency access) and Kuzik Drive. As such, the site is considered a “minor collector.” With respect to Oval Road, Mr. Pehnke also testified that Oval Road has two points of access: from Eagle Rock Avenue and the Essex Fells Emergency Access road. 18. As to Mr. Litwornia’s opinion that the proposed roads exceeded the required 5% grade, Mr. Pehnke testified that the plans show that the site is graded at 5% incline of the intersection and none of the proposed driveways and roads in the plan exceed 10%, which is compliant with the required standards. Mr. Pehnke also refuted Mr. Litwornia’s testimony that the sidewalks adjacent to the proposed roads were not ADA compliant because of the grade. Mr. Pehnke testified that the sidewalks adjacent to roads are permitted to run at the slope of the roadway and still be ADA compliant and he gave the example of a handicapped ramp being 8% grade. 19. Finally, with respect to Mr. Litwornia’s testimony that the signal at Oval Road would have a low level of service and was too close to the Laurel Avenue signal, Mr. Pehnke testified that there is no law or standard that prevents signals to be within 1,000 feet of each other and the signal can be coordinated with the Laurel Avenue signal; however, Mr. Litwornia cited The Manual on Uniform Traffic Control Devices, Section 4C.07 which does state that coordinated signal systems warrants should not be applied where

the resultant spacing of traffic controls would be less than 1,000 feet apart. No evidence of warrants for the close proximity of the proposed signal was presented. 20. To the southeast of Building A, a two-story maintenance building was proposed which would include a maintenance office and storage on the first floor and two (2) two- bedroom apartments on the second floor. 21. To the south of the maintenance building was a proposed dog kennel building which included a washing station and training area in the basement. On the first floor there was a proposed dog clinic and an office and two additional offices on the second floor. The south and east of the kennel building was the proposed fenced in dog park. 22. Proposed parking was as follows: BUILDING DWELLING UNITS REQUIRED PARKING (Spaces) GARAGE (Enclosed Provided) SURFACE PARKING (Spaces provided) TOTAL PARKING PROVIDED A-1 63 124.5 175 (For both A-1 & A-2) 90 (for both A-1 & A-2) 265 (For both A-1 & A-2) A-2 59 117 B 69 134.6 73 68 141 C 139 268.6 203 84 287 D-1 80 154.4 293 (For both D-1 and D-2) 90 (For both D-1 and D-2) 383 (For both D-1 and D-2) D-2 86 166.7 Total 496 966.4 744 332 1,076 23. The site has a varied topography which the Applicant proposed to incorporate the parking garages under each of the residential buildings.