PB 24 01 West Essex Highlands Inc Draft Resolution

created a public safety threat. Though there are proposed emergency access points through Essex Fells and Howell Drive, there was no defined safety access plan. Board members voting in opposition to the application concluded that it is a serious public safety issue that the application did not have a true second access road for almost 500 new potential families. Also related to significant traffic issues was the fact that Applicant did not offer any warrants for the Oval Road traffic light proposed by Applicant as an off-site improvement to relieve traffic issues to access Eagle Rock Avenue from Oval Road and the proposed traffic light was not supported by the Manual on Uniform Traffic Control Devices. Board members who voted to deny the application also concluded that though the Township has an affordable housing obligation, there are grave concerns about the negative effect to the environment from the removal of thousands of trees which are core forest and the fact that potential residents of the site would have an unsafe path if they choose to walk from the site to the main road for purposes of using public transportation as there are no sidewalks once a pedestrian steps foot outside of the development. Therefore, adding to the public safety issues, should the only true access to the complex on Oval Road be closed, pedestrian traffic would be the only way into or out of the complex, and those pedestrians would find themselves subject to dangerous walking conditions on the roads leading to the complex which have no sidewalks. Additionally, as this project is offered as an inclusionary development, persons who would qualify for the affordable housing units would find themselves without any means of safe ingress and egress (even outside of an emergency closure) unless they own an automobile. Furthermore, the Board members who voted against the application were not convinced that the proposed storm

water management plan would protect the surrounding community from flooding as testified to by Sean Walsh of Princeton Hydro. It was Walsh’s opinion that the peak flow rates shown on the Applicant’s storm water testing results were not correct indicating that there would be more run-off resulting in more flooding. Walsh also testified that the stormwater flow calculations were two times what they should be and that it was suspicious that the Applicant’s engineer used an alternative method for calculating the time of concentration to determine peak flow without disclosing the alternative method or providing a justification as to why the alternative method was employed. Therefore, Applicant did not sustain the burden of proof necessary for the Board to approve the application for preliminary and final site plan. NOW THEREFORE BE IT RESOLVED by the Planning Board of the Township of West Orange that Preliminary and Final Major site plan approval is denied. Adopted: _____________________________ Jamilet Baquerizo Vite Planning Board Secretary

Vote Action Taken by the Board on May 6, 2026 Board Member Motion Second Aye Nay Abstain Absent K.Alper N J. Guarino X Y L. Klein X Y S. McCartney Y F. Noborine --- C. Morgan --- S. Scarpa N W. Wilkes --- L. Kapferer N J. Cardoza N R. Bagoff Y Vote on Memorialization on June 3, 2026: Board Member Motion Second Aye Nay Abstain Absent K.Alper J. Guarino L. Klein S. McCartney S. Scarpa C. Morgan F. Noborine W. Wilkes L. Kapferer J. Cardoza R. Bagoff