2 ZBA Application

TOWNSHIP OF WEST ORANGE APPLICATION FORM FOR THE PLANNING BOARD OR ZONING BOARD OF ADJUSTMENT la. APPLICANT INFORMATION | Full Legal Name: —Seton Ht I Preparatory School. st First, Mailing Address: 120 Northfield Avenue West Orange ) New Jersey 07052 y (Street) (City) (State) (Zip) Telephone Number: 973.325.7737 Email: mgallo@shp.org Is the Applicant an: (1 Individual, C] Corporation, 11 Partnership, C¥ Other _ Parochial Non Profit High School Ifthe Applicant is a corporation or partnership, a list of the names and addresses of persons having a 10% interest or more in the corporation or partnership must be attached. Relationship of the applicant to the property: E¥ Owner, 1 Tenant or Lessee, ] Purchaser under contract (with consent of owner, (1 Other (please specify) If the applicant is not the owner of the property in question, the applicant must submit an affidavit with the owner(s) authorization to proceed with this process. [B. PROPERTY OWNER INFORMATION C$ Check here if same as applicant. If the owner is not the applicant, please complete the following: Owner's Name: Address: Telephone Number: (__) Email: = \C. PROPERTY INFORMATION Street Address: 700 Prospect Avenue, West Orange, New Jersey 07052 as Block Number(s): 82.01 ; Lot Number(s): 1 3 Tax Plate: *Zone of Property: RI The location of the property is approximately __!,750_ feet from the intersection of Prospect Avenue and Northfield Avenue (closest intersection.) Has there been any previous Zoning Board of Adjustment or Planning Board hearings involving this property? CF Yes, Date(s): _ 12/6/2010, 1/17/2013, 46/2015 and 8/18/2016 +O No If yes, please attach copies of the written decisions adopted by the Board to each application. Please attach a list of all contiguous or adjacent property owned by the applicant or owner. & None Is this property listed in “The Historic Sites Survey” prepared by Robert Guter 7/9/1992 ( Yes [4 No TAPLANNING BRD\Dacrment Library\PD-20A Application A-20<1S. doe

D. TYPE OF APPLICATION Indicate the type of application being submitted, check all boxes that apply. Note that more than one variance may be necessary, please indicate the number of each type needed: 1) C1 Interpretation of ordinance or map. 2) ©) Appeal of action of Zoning Officer, | 3) @& Variance “C1” Reason: O shape of property; © physical features; C] exceptional situation. i 4) Bl Variance *c2”, 5) & Variance “D”, 6) O Subdivision without variances: (J major; 8 minor; 0 preliminary; C1 final; Opreliminary and final. 7) O Subdivision with variances: ( major; minor; 0 preliminary; © final; Opretiminary and final. 8) @ Site Plan: C1 pretininary; 0 final; Wpretiminary and final; © with variances; C without variances, 9) €] Amended Site Plan. 10) C1 Conditional Use. 11) Cl Conceptual, 12) CO Home Professional Office. 13) CO) Home Occupation. 14) C1 Soil Removal Permit. Please list the specific Sections of the Ordinance for which a variance is sought. [f additional space is required, please attach a list, A A iti Public/Private Schools Section: Conditional; proposed: _25-24.2(d) ; Description: . Section: USES ; Proposed: ; Description: Section; Zoning District proposed; 27-7-1 ; Description: Bulk Regulations - Building Coverage Section: Regulations ; Proposed: ; Description: [e DESCRIPTION OF PROPERTY Existing Use of the Property Briefly describe the major elements of your proposal: (a more detailed description is requived in Section G) Conversion of existing maintenance shed into a health and [liness building at the currently existing Kelly Athletic Center The property is__1,938,496 (square feet); 44.50 (acres) Impervious Surface Coverage: Present: 18.9% 3; Proposed: 18.9% Building Coverage: Present: 0.78% ; Proposed: 1.03% Is the property located: Within 200 feet of another municipality? O Yes & No Adjacent to an existing or proposed county road? & Yes ONo Adjacent to other county land? O Yes No Adjacent to a state highway? O Yes EENo TAPLANNING.BRD\Dncument Library\PL-ZBA Application L-20-US.dac

°F. EXPERTS a ‘The following information is respectfully requested to enable the Board to facilitate the processing of this application: : I APPLICANT'S ATTORNEY: _P!@tdo J. Webster Telephone Number: ( 973) 947-7111 Email; _ewebster@iwwt.law Address:__ 600 Parsippany Road, Suite 204, Parsippany, New Jersey 07054 APPLICANT’S ENGINEER: Charles J. Stewart Jr. Telephone Number: ( 973, 299-5200 Email: charles.stewart@e2pm.com Address: 2517 Route 35, Building 1, Suite 201, Manalapan, New Jersey 08736 APPLICANT'S ARCHITECT: __ Donald Fiore Telephone Number: ( 978 467-1240 __Bmail: hfaia@aol.com Address: 508 Millburn Avenue, Short Hills, New Jersey 07078 APPLICANT'S PLANNER: _ John McDonough 222-6011 Telephone Number: (973) Email:__jmcdonoughpp@gmail.com Address:_101 Gilbraltar Drive, Suite 1A, Morris Plains, New Jersey 07950 OTHER EXPERT(S): Telephone Number:( +) Email: Address: If necessary, please fist any additional experts below, including address, telephone number and email address. TAPLANMINGBRD\Dacument Library\PB-ZBA Application 4-20-15 doc

G. REQUIREMENTS FOR VARIANCES 4A) 4B) 4C-1) 4C-2) 4D) 4E) Please attach a written statement labeled “PROPOSAL”, describe the major elements of your proposal, and describe in detail the physical and use changes proposed. Please attach a written statement labeled “REASONS FOR RELIEF”, which fully answers 4C-1, dC-2 or 4D (Special Reasons) AND part 4E (Negative Criteria), (For C1 variances only) The strict application of the provisions of the Zoning Ordinance would result in the peculiar and exceptional practical difficulties or exceptional undue hardship under N.JS.A, 40:55D- 70c(1). List in‘detail wherein this case conforms to this requirement, including, if applicable, reference to the exceptional narrowness, shallowness, or shape of the property, or the exceptional topographical conditions affecting the property which applicant contends warrants the granting of the variance, (For C2 variances only) State how the purposes of the Municipal Land Use Law would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment according to N.J.S.A 40:55D-70c(2). Please list all benefits of the deviation to the Township and any adverse effects. State how the benefits of the deviation would substantially outweigh any detriment to the Township. ; (For D variances orily) State ‘the special reasons under N.J.S.A 40:55D-70d affecting this property, The granting of this variance Wwill;not be substantially detrimental to the public good and will not substantially impair the intent of the zone plan and zoning ordinance. List in detail the reasons, among others, why the variance can be'granted without being materially detrimental to the welfare of the community or injurious to the property.or improvements of others in the neighborhood and zone, H. PLAT SUBMISSION 4) Please fist all maps and other exhibits accompanying this application. Attach an additional sheet if necessary. SIGNED BY DATE/REVISION ITEM [Civil Drawings E 2 Project Management, LLC 10/13/2022 Architectural Plans and Elevations | reintz & Fiore Architects 08/30/2022 I, NOTICE Applicant is responsible to publish and serve notice of this application in accordance with Zoning Board of Adjustment/Planning Board requirements; however, notice may not be served until this application is certified as complete and the

nd serve notice of this application in accordance with Zoning Board of Adjustment/Planning Board requirements; however, notice may not be served until this application is certified as complete and the administrative officer has assigned the applicant a public hearing date. TAPLANNING. BRD\Doctanent Library\PBAZUA Application 4o20618.die

G. REQUIREMENTS FOR VARIANCES PROPOSAL The Applicant, Seton Hall Preparatory School (“Seton Hall”), is the owner of the property located at 700 Prospect Avenue, and designated as Block 82.01, Lot 1 in the official tax map of the Township of West Orange (“Property”). The Property is located in the R-1 zone. On December 16, 2010, Seton Hall received site plan approval with variance relief from the Township of West Orange Zoning Board of Adjustment (“Board”) to add additional playing fields and new related facilities on the Property. Thereafter, Seton Hall received amended approvals on January 17, 2013, April 16, 2015 and August 18, 2016. Seton Hall submits this application to the Board seeking preliminary and final site plan approval, with a D variance for an expansion of a conditional non-conforming use and C variance relief for a diminimus increase in building coverage to reconfigure the Property. Seton Hall wishes to swap the athletic facility with the maintenance facilities and expand the size of the athletic facility. Additional parking spaces will be added to accommodate the increased size of the facility. 2050-06 190\#855016v1

G. REQUIREMENTS FOR VARIANCES REASONS FOR RELIEF 4(C-1) and 4(C-2) Positive Criteria With respect to the positive criteria, the proposed reconfiguration with variance relief for building coverage promotes the zoning purposes set forth in N.J.S.A. 40:55D-2, including “subsection (a)” (to encourage municipal action to guide the appropriate use or development in a manner which will promote the public health, safety, morals and general welfare), and “subsection (i)” (to promote a desirable visual environment through creative development techniques and good civic design and arrangements). 4(D) Positive Criteria A (d) variance per N.J.S.A. 40:55D-70(d) must promote the general welfare by being “particularly fitted to the particular location for which the variance is sought.” 4(E) Negative Criteria The granting of this variance will not be substantially detrimental to the public good and will not substantially impair the intent of the zone plan and zoning ordinance. N.J.S.A. 40:55D-70(c)(2) sets forth the criteria by which a variance can be granted from the bulk requirements of a zoning ordinance. The C(2) variances criteria is based on the purpose that the Municipal Land Use Law (MLUL) would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation outweigh any of the detriments, The Board may not exercise its power to grant a “d(1)” variance otherwise warranted, however, unless the so-called “negative criteria” has been satisfied. Pursuant to the last unlettered paragraph of N.J.S.A. 40:55D-70: “No variance or other relief may be granted ... without a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance.” The variance on this Property advances the purpose of the MLUL by efficiently utilizing the use of the Property and preventing further deviations from the zoning ordinance. Relocating the athletic facility to the middle of the site will allow for an expansion of the facility that will not encroach upon the requisite setbacks and buffering on the site. It also creates a desirable visual environment, which is consistent with the community, as the proposed reconfiguration will not change the change the site visually. Finally, although the building coverage increases

a desirable visual environment, which is consistent with the community, as the proposed reconfiguration will not change the change the site visually. Finally, although the building coverage increases by less than 1%, the impervious coverage remains unchanged, thereby not negatively impacting neighboring properties. A professional planner will be present at the hearing to provide testimony on the request for deviations.

J. VERIFICATION AND AUTHORIZATION SIGNATURE IS REQUIRED FOR ALL OF THE FOLLOWING: APPLICANT'S VERIFICATION | hereby certify that the above statements made by me and the information contained in the papers submitted in connection with this application are true. [am aware that if any of the foregoing statements are willfully false, I am subject to punishment, Applicant's Signature; Qnefal 3 Alb Date: Lemley & 2022 CONTINUANCE Should the Planning Board/Zoning Board of Adjustment have a full and heavy agenda, or discussion and meeting regarding this application requiring carrying the matter past the statue time limit, the applicant grants permission for such an extension. Applicant's Signature: Wchel £ x _ Date: Devmber- & 2022 OWNER'S AUTHORIZATION - MUST BE SIGNED Thereby certify that I reside at 120 Northfield Avenue in the County of ___ Essex and the State of New Jersey and that [ am the owner ofall that certain lot, piece or parcel of land known as Block(s)__ 82.01 ! Lot(s) 1 on the Tax Map of West Orange which property is the subject of the above application, and that said application is hereby authorized by me. Furthermore, | authorize inspection of the site which is the subject of this application. Owner's Signature: Nua q Lae Date:__ Deromby Gy 2022 THIS APPLICATION DOES NOT RELIEVE THE APPLICANT FROM COMPLYING WITH OTHER - TOWNSHIP ORDINANCES SUCH AS THE TREE REMOVAL ORDINANCE AND OBTAINING THE NECESSARY APPROVALS AND PERMITS UNDER SUCH ORDINANCES. TAPLANNEMGRO Docnemen Library\PO-2RA Application 4-20-15. dve

CHECK LIST OF REQUIRED ITEMS "C" AND "D"' APPLICATIONS 1 INTERPRETATIONS AND APPEALS APPLICATIONS FOR MAJOR/MINOR SITE PLAN OR SUBDIVISION MUST REFER TO THE SITE PLAN/SUBDIVISION CHECKLIST -52 ITEMS. 20 Total (original and 19 copies). All checked items are required: please complete and submit (o Board Secretary: | ¥ Completed Application Form, 20 Total (original and 19 copies), including: Duelto Covid 19 ~ r ¥ the written proposal; 5 Paper Copies + 1 Digital emailed to Y list of variances being requested; PlanningBoard@westorange.org Y property information, and/or ZonningBoard@westorange.org Y applicant and owner information; statement or legal brief which clarifies why the variance should be granted and the specific reasons or hardship that pertain to the proposal, or v in the case of an appeal or interpretation, a statement or legal brief that clarifies the position of the applicant, ¥ Survey — original signed and sealed by New Jersey licensed Land Surveyor, 20 Total (original and 19 copies), Y Site Plan, all dimensions, including setbacks, must be shown and prepared by New Jersey licensed Professional except for an owner occupied, single family home, in which case the property owner may prepare the site plan, 20 Total (original and 19 copics). ¥ Floor plans, all dimensions must be shown-prepared by New Jersey licensed Architect except for an owner occupied, single family home, in which case the property owner may prepare the floor plan, 20 Total (original and 19 copies). ; List of property owners within 200” cestified by the Municipal Tax Assessor (origitial). Proof that taxes have been paid, certified by the Municipal Tax Collector (original), A 200° radius map, 20 Total (original and 19 copies). Application fee (non-refundable) also a Digitizing Fee. SAK KK Elevations of three sides, in the case of an existing structure with no proposed structural changes, photographs may be used, 20 Total (original and 19 copies). Y Height dimensions to be included on all elevations, 20 Tatal (original and 19 copies). ¥ All plans and documents for West Orange COAH requirements. For all Major Subdivisian applications, major site plan applications and all applications applying for a “D” variance, a Planners report prepared by a New Jersey licensed Planner must be submitted, 20 Total (original and 19 copies). For all Major Subdivision applications, and