December 6, 2012

Mr. Buechler stated that the original Seton Hall application was a marathon session and said that the adopted resolution was 57 pages long. He asked Mr. Williams if he submitted a sheet showing what conditions in this resolution require modifications. Mr. Williams said that his proposal and Mr. Keller’s report detail them. Chairman Neuer stated that there is one element that he wanted noted for the record. E. Victor Donahue, who does not live within 200° of the Seton Hall Property on Prospect Avenue, received a notice of this hearing and submitted a letter to the Board Secretary and Board Attorney commenting on this application. The Chairman cited a case in the matter of Exxon Company vs. Bernardsville and determined that this letter is not admissible into evidence because the author of the letter is not available for cross examination. Chairman Neuer also cited a case in the matter of Lincoln Heights in which it was recommended that the letter be put into the file and not read by the Board. The Chairman asked the Board members if any of them have seen this letter submitted by Mr. Donahue; each Board member replied no, Chairman Neuer recommended that the Board secretary enter it into the file and said that if Mr. Donahue appears and testifies then he will modify this comment. Mr, Williams began detailing the original application that was approved by this Board in 2010, He stated that there have been ongoing negotiations between Herb Waldman, Esq. and Board Attorney Alice Beime in regards to a lawsuit filed by Kevin Malanga v Township of West Orange. Mr. Williams said that a settlement had been made, which required a minor amendment to the site plan, and that the lawsuit was dismissed. He said that this is the reason that they are back before this Board again. Mr. Williams stated that no additional variances are being requested. Mr. Williams stated that the previous approval was for a bio-retention basin to be located on the left side of the Kelly Athletic field. He said that, after discussions with Mr. Waldman on behalf of Mr. Malanga, it was agreed that the applicant will remove the bio-retention basin and leave it in its natural state. He said that the bio-retention basin will be replaced with a new detention basin located just outside the center field area. Mr. Williams also stated that they will be lowering the baseball field approximately 4’ and will

retention basin will be replaced with a new detention basin located just outside the center field area. Mr. Williams also stated that they will be lowering the baseball field approximately 4’ and will be installing a 5’ retaining wall where the baseball field is lowered. Chairman Neuer asked Mr. Williams if there will be any trees in the detention basin. Mr. Williams stated that no trees will be in that area. Mr. Williams stated that, in doing this, certain revisions are required. Mr. Williams called his first witness. Charles J. Stewart approached the podium and was sworn under oath. Mr. Stewart detailed his educational and professional background stating that he is a licensed Professional Engineer, Professional Planner and Land Surveyor in the State of New Jersey. He also said that he has testified before this Board many times. Chairman Neuer accepted Mr. Stewart as an expert witness in the field of Engineering. [3]