July 21, 2016

Ms. Gabry and Mr. DarConte were recused from hearing this application and stepped off of the dais. Chairman Neuer stated for the record that Ms. Denise Clark is the official transcriber for this application. Robert Williams, Esq., attorney for the applicant, approached the podium. Mr. Williams stated that this application was last heard at the Zoning Board meeting held on June 16, 2016 and, at that time, they rested their case. Mr. Williams stated that they received a technical review memo from Mr. Keller dated July 14, 2016 and the applicant will comply with all of the comment in this memo. Chairman Neuer asked Mr. Keller if he had any further questions for Mr. Williams; he said they were minor in nature and he will address all of them directly with the applicant. Mr. Keller stated that all of the revised plans are to be submitted with his comments incorporated into them. Mr. Williams stated that the applicant is requesting to amend the application to include two free standing signs. He said that one of the old signs was destroyed and the other is in poor condition. He then stated that the two proposed signs are somewhat larger. Mr. Williams also said that they published and mailed notices of this meeting and the proposed amendments because they upgraded the signage. Chairman Neuer stated that the application was deemed amended and this is a minor amendment. Mr. Williams called the engineer to testify. Charles J. Stewart approached the podium and was sworn under oath. Mr. Williams stated that Mr. Williams was accepted by the Board as an expert in Engineering at the last meeting. 11

Mr. Stewart presented an amended detailed utility and grading plan with a revision date of 7/5/16 that was marked as Exhibit A-7. Mr. Williams asked Mr. Stewart if everything highlighted on Exhibit A-7 are the changes; he replied yes. Mr. Stewart said that everything highlighted in pink is the original and everything highlighted in yellow was added to the list of changes. Mr. Stewart stated that the original sign that they were previously approved for was destroyed and needs to be replaced. He said now they are proposing to put up two different signs. Vice Chairman Buechler asked Mr. Stewart how the sign was destroyed; he said it was destroyed in a wind storm. Mr. Stewart detailed the sign and said that they are proposing to place one sign at 600 Prospect Avenue and one sign at 700 Prospect Avenue. Mr. Stewart stated that the sign that was destroyed was 8’ tall and 3 1/2’ wide. Chairman Neuer asked Mr. Stewart if they are proposing to make the sign shorter and wider than the one that was destroyed; he replied yes. Mr. Williams stated that the proposed signage mirrors the sign that exists in front of the Seton Hall Prep main school building located on Northfield Avenue. Chairman Neuer asked if any Board Members or Board Professionals had any questions for Mr. Stewart; there were none. Chairman Neuer asked if any members of the public had any questions for Mr. Stewart. Lawrence Svetviles approached the podium and stated that he lives at 699 Prospect Avenue. Mr. Svetviles asked Mr. Stewart how the signs will be secured differently and what locations the signs will be at; he said one sign will be located at the entrance of 600 Prospect Avenue and the 12

other sign will be located at the original location at700 Prospect Avenue. Mr. Stewart said that the new signs will be secured on a masonry base; the existing sign that was damaged was on a free standing post. Mr. Svetviles asked Mr. Stewart if the signs are billboard size. Chairman Neuer responded and stated that a billboard sign is larger in size and contain advertising for businesses not located at the property where the sign is located. The Chairman that the proposed signs do not contain advertising and are smaller than a standard billboard. Chairman Neuer asked Mr. Stewart if there are any graphics or animation on the signs; he replied no. There were no further questions. Chairman Neuer asked if any members of the public had any comments. Robert Rashkes approached the podium and was sworn under oath. Mr. Rashkes stated that he lives at 35 Oak Crest Road and expressed his concerns about pedestrian safety. He said he would like Seton Hall to install sidewalks in front of their Prospect Avenue sites. Sally Malanga approached the podium and was sworn under oath. Ms. Malanga stated that she lives at 57 Ridge Road and said she is concerned about why Seton Hall is back before this Board again after twenty two hearings and asked what the Board Members thoughts were on creating stricter enforcement. She said that she is also concerned with noise issues. Lawrence Svetviles approached the podium and was sworn under oath. Mr. Svetviles said that he lives at 699 Prospect Avenue and stated why he was originally and still is against this project. Marty Berman approached the podium and was sworn under oath. Mr. Berman stated that he lives at 59 Cobane Terrace and teaches at Seton Hall. He spoke in defense of the project stating 13

that the athletic fields were needed. Ronnie Strell approached the podium and was sworn under oath. Mr. Strell stated that Seton Hall cut down all of the trees on the site and that they did not abide by what they agreed to. There were no further comments and Chairman Neuer closed public comment. Mr. Williams summed up and stated that all of the amendments were upgrades. He asked the Board to vote affirmative on this application. Chairman Neuer declared the record closed. Chairman Neuer stated that the Seton Hall hearings always draw a crowd. He said that the Zoning Board Members are volunteers who work hard for the community to try to get it right. Chairman Neuer said that the Board takes these matters very seriously and questioned how many people actually go to the Board Secretary’s office to look at the application package and the plans. Chairman Neuer said that, at the last meeting, he was a little critical about the work Seton Hall did without approvals; he said that the applicant made nineteen (19) changes, some already completed, and that tonight the Board will vote on what changes they will approve despite having already been made by the applicant. Vice Chairman Buechler stated that at the meeting held on June 16, 2016 his concern was with some of the work that was already constructed. He said that there are two changes that he will not approve; the batting cages and shot-put re-location. Vice Chairman Buechler said that he will recommend that the applicant move the shotput and the batting cages back to the original locations that this Board approved. He said that there was no real explanation as to who was responsible or was in charge of this. Vice Chairman Bucchler said that this Board has no enforcement authority and that they can only make recommendations to the Mayor and Town Council. Vice Chairman Buechler stated that he recommends that the Board approve this application with the exception of the batting cages and the shotput and that they are to be put back where they 14

were originally designed to be. Mr. Quentzel stated that there are times when construction is started that they may realize that there is a better way of doing things. He said that he does not think the new location of the batting cages and shotput will change the plan and he thinks that they should remain where they are and not be put back. Mr. Steinhart said that he would appreciate if members of the public took the time to read the data in the file because some of their testimony misrepresents the facts and misinforms the public if they do not learn the file. Vice Chairman Buechler said that he disagrees with Mr. Quentzel. He said that if the Board does not draw a line when an applicant comes before them for site plan approval, then they are encouraging them to just go ahead and do whatever they want. Vice Chairman Buechler stated that the Board needs to be cautious; he said the applicant gave no acceptable reason why the batting cages and shot-put area were relocated. Mr. Schwarzbaum stated that he is concerned about applicants not building according to approved plans. He said that he did not hear any members of the public objecting specifically to the batting cages and shot-put being relocated and rather than moving them back he recommends stronger fines. Mr. Schwarzbaum stated that he would like to propose, to the town, financial penalties and would vote to approve the application. Mr. Steinhart stated that initially he disagreed with what Vice Chairman Buechler said and agreed with Mr. Quentzel but after some thought he concurs with Vice Chairman Buechler because it is symbolic of “do not do it again”. Chairman Neuer stated that he is going to urge the Board Members to approve all but the batting cages and shotput relocation and that the Board take a separate vote for those two items. He said that the original resolution they approved five (5) years ago had sixty one (61) conditions; the Board did not put a rubber stamp on the original proposal. Chairman Neuer stated that, in real estate development, he has experienced that there are times when once the work begins what they originally had on paper does not work and changes have to be made. 45

Chairman Neuer said that he believes that if the applicant came back before this Board and presented a good reason why the batting cages and shotput area had to be relocated this Board would have approved the changes. Chairman Neuer stated that this Board is not the enforcement agency and does not have the authority to issues summonses. Chairman Neuer made a motion to approve the application excluding the batting cages and shotput area location; he said that the Board will take a separate vote for those two items. Mr. Schwarzbaum seconded the motion to approve the application excluding the relocation of the batting cages and shotput area which will be a separate vote. The vote was as follows: Buechler No Schwarzbaum: Yes DarConte: Recused Steinhart: Yes Gabry: Recused Sussman: Yes D. Nash: Yes Weiss: - Quentzel: Yes Chairman Neuer: Yes *Note for the record that Vice Chairman Buechler stated that he voted no because of the bifurcation of the application. Chairman Neuer said his next motion is to approve those portions of the application that seeks approval for the new location of the batting cages and shotput area. Mr. Steinhart seconded the motion to approve the new location of the batting cages and shotput area. 16

The vote was as follows: Buechler No Schwarzbaum: Yes DarConte: Recused Steinhart: No Gabry: Recused Sussman: No D. Nash: Yes Weiss: - Quentzel: Yes Chairman Neuer: Yes Chairman Neuer noted that the resolution will reflect all of the comments in Mr. Keller’s memo dated July 14, 2016 as conditions of approval. 3. ZB-16-07/The Ice Man of New Jersey, LLC Block: 117; Lot: 26; Zone: R-T 40 Columbia Street Seeking “d” and “c” variances and minor subdivision approval to create two lots where there are two existing principal uses on one lot. Chairman Neuer noted for the record that the Zoning Board meetings end promptly at 11:00 pm and asked Mr. Williams if he would like to proceed. Robert Williams stated that his client would like to be carried over to the regular Zoning Board meeting held on September 15, 2016 because of the time. Chairman Neuer announced that this application will be carried over to the regular Zoning Board meeting held on September 15, 2016 and that no further notice will be required. The meeting was adjourned by Chairman Neuer at 10:38 pm. a7

Adopted: August 18, 2016 Jue. Ly LS Vp V 7 Rose DeSena Zoning Board Secretary 18