2 ZBA Application

has determined that the proposed use of the Subject Property is inherently beneficial, even assuming, arguendo, that it is not inherently beneficial, nonetheless, Seton Hall has demonstrated the positive criteria because it has established special reasons for the granting of the variances, as set forth herein. Likewise, Seton Hall has demonstrated the negative criteria because variances can be granted without substantial detriment to the public good and it will not substantially impair the intent and purpose of the Township’s Zoning Plan. and Zoning Ordinance. Seton Hall’s revisions to its plan during the course of its Application have been done in large part to address the issues raised by the objectors especially in the area of storm water management and runoff, preservation of trees and certain safety issues. Accordingly, the Board will approve of the Application subject to a number of conditions that deal extensively with storm water maintenance issues, the bio- retention basins, insuring that the construction phase of the project is properly supervised and Managed to prevent anything illegal, inappropriate or not approved by the Board happens and, to properly oversee the removal of the trees and the replanting of new trees, and to deal with some of the ongoing issues with regard to the use of the athletic fields in the future, such as the requirements with regard to use of police and parking attendants at home football games, the prohibitions of any lights on fields, the prohibition of a marching band, certain limitations on the use of the Subject Property, the requirement that Seton Hall enter into a maintenance agreement with the -45-

Township subject to the approval of the Township engineer for maintenance of the entire site, and most crucially, storm water management in the future, and requirement that any soil brought onto the Subject Property be properly checked to make sure it is appropriate for use. Based on the testimony and documents admitted into evidence during the course of the hearings, Seton Hall has complied with the Township's ordinances concerning the Environmental Impact Statement and Tree Removal. The Board's decision is without prejudice to the action against Seton Hall pending in the West Orange Municipal Court. WHEREAS, a motion was made by Mr. Buechler to grant the Application and variances as aforesaid, based on the findings of fact and conclusions of law and with numerous conditions for approval and voted upon as follows: Ayes Nays Abstentions Buechler Aye Bullock Aye Quentzel Aye Steinhart Aye Sussman Aye Weiss Aye Neuer Aye NOW THEREFORE, be it resolved by that the Zoning Board of Adjustment of the Township of West Orange, based upon the Findings of Fact and Conclusions aforesaid, and upon the laws established in the State of New Jersey hereby grants the Application by Seton Hall Preparatory School for amended -46~

preliminary and final variances: (1) (2) (3) (4) (5) site plan approval with the following a “DY 1 use variance for athletic fields, not permitted in the residential zone; a parking variance for relief from requirement of the ordinance requirement of 663 spaces, by providing 84 existing, 220 additional and 372 new, non- permanent spaces for a total of 676 spaces provided a variance for construction of 2 free standing signs when none are permitted in the residential district; a variance from the requirement of no disturbance of vegetation within 100’ of xvidge line or disturbance of steep slope exceeding 25% permitted, 0 foot setback from ridge line for proposed disturbance and disturbance of steep slope exceeding 25%; a variance for construction of a chain link fence and netting exceeding 4 feet around tennis courts and baseball fields, to a minimum of eight to twelve feet with a 24’ backstop for baseball -47-

fields and protective netting around interior ball field of 50 feet; (6) a height variance from 35’ allowed maximum in residential zone for bleachers with press box not to exceed 40’, (7) A soil removal permit; (8) Tree removal permit. (9) a height variance for a fence by the lacrosse field to prevent errand lacrosse balls from going over the cliff into the backyards of homes on Northfield. BE IT FURTHER RESOLVED that the grant of said variances shall be conditioned upon the Applicant’s full and complete satisfaction of the following conditions: ale All sheets in the site plan drawing must be revised to reflect the site plan changes shown on Sheets 5 & 7 of the site plans last revised May 24, 2010. 2. For any future development Applications for the Subject Property, the existing land surface conditions to be used in any future non-structural point system are to be based upon the proposed land surface conditions as shown on the approved 1999 site plans. Sr Gradation analyses are to be submitted for any imported soil used for storm water basins/infiltration basins and trenches with permeability rates; after placement of materials in field, in-field permeability tests are to be performed prior to covering and/or planting. -48-

4. The storm sewer pipe must be videotaped from the existing basin on the east side of the Subject Property to Northfield Avenue to determine the condition of this pipe. Repair any damage or defects in this storm sewer. oe The existing roof drains at the existing field house are to be connected to the storm sewer system. 6. Add an inlet near the caretaker house to minimize Subject Property runoff from flowing onto the Shillelagh Club and adjacent residential homes and connect it to the existing storm sewer west of the practice field. 7. Revise the detention/bio-retention basin grading to show graded accesses into each basin. 8. Modify the sequence of construction to provide additional procedures for the bio-retention basin to reduce/prevent impacts during construction on its ultimate operation. 3. The site plan must denote which storm drain structures are oversized and details provided accordingly. 10. Add subbase outlet drains to Inlets 206, 207, 208, 209 and 210 to pick up any subsurface water flow, ee: Revise the plans to change the perforated HDPE pipe to solid HDPE pipe from Inlet 311 to Inlet 313 and add sub base outlet drains at each of these three (3) inlets. Trench to be backfilled with clean stone, wrapped in filter fabric. Further, the trench should extend to the lower of the top of rock or elevation 596 (bottom of existing detention basin). 12. The bio-retention basin soil mix is to be inspected and certified by a licensed professional engineer prior to installation. 13. Lightweight construction equipment is to be used on the two baseball fields to minimize over compaction of the soils; a root zone soil mix, 10 inches in thickness is to be provided in accordance with approved specifications. 14. An oil/water separator is to be provided for the floor drain(s) in the proposed storage building. The roof drains are to be directed to the existing detention basin. The site plans are to be revised accordingly. ~49~

15. Vacate the existing sanitary sewer easement adjacent to Prospect Avenue and replace with a new utility easement, 20 feet in width that is centered about the existing pipe. 16. On-site sanitary sewers are to remain private with maintenance the responsibility of the Subject Property owner. 17. Show the dimension of the fence heights on the ov baseball field and the tennis courts on the plans. 18. Clear and regrade the sight lines at the existing and proposed driveways to achieve requisite sight lines (to limit of Subject Property) . A note is to be added to the site plans denoting this requirement. 19. Additional right of way is to be dedicated along Mountain Drive to provide a 25 foot half width from the centerline of the existing pavement of Mountain Drive. 20. The bleachers at the football field are to be limited to 2500 linear feet of seating space (which is equivalent to 1500 people, as per the ordinance). 21. Install a construction fence along the limit of disturbance where no silt fence is provided. These locations must be shown on the site plans. 22. Implement tree protection measures as directed by the Township Forester and/or Township Planner and provide appropriate details of such on the site plans. 23. In accordance with Galway report dated October a 2009 undertake the actions listed in Subpart A. This section relates to the 4 specimen trees identified as the largest trees on Subject Property, to “improve their health and hopefully extend their life span”. A note to be placed on the plans should indicate that “the treatment will include removing competing and encroaching trees in the immediate vicinity of their crown; removal of all large dead branches; light thinning of live branches; cutting and/or chemically treating vines on the trees; and insect, disease and fertilizer treatment (integrated pest management), all as recommended by a certified tree expert or as directed by the Township Forester. 24. Provide deep root feeding for trees to remain along Prospect Avenue and the Shillelagh Club property line where impacted by construction activities as directed by the Township Forester or monitor who is a certified tree expert. -50-

25. The plantings in the bio-retention basin are to be revised to provide a terrestrial forested community in accordance with the BMP Manual or the soil media thickness is to be increased from 18 inches to 24 inches. 26. Install additional shrubs and/or trees along the west side of the existing practice field (north of the existing field house) . 27. Access to the overflow parking areas on the two existing practice fields is to be provided through the existing field house parking lot. 28. Add a note to the site plans that any existing wells to be abandoned are to be closed and capped in accordance with Health Dept. requirements. 29. As built drawings of the Subject Property improvements are to be provided to the Township at the completion of construction. The as-built plans shall include the location, rims/grates, inverts and pipe sizes of all storm and sanitary sewers installed as part of this project; locations and general depths of the water, gas and other underground facilities; spot grades on the fields, tennis courts and parking lots to affirm general compliance with the approved site plans. 30. Review comments on the soil removal application are to be made to the satisfaction of the Board Engineer and Township Engineer. 31. Plan revisions as discussed in G. C. Stewart letter dated April 22, 2009 (responding to OHA letter dated April 20, 2009) as follows: a. Add a handicapped space in the existing parking lot by the existing field house. b. Dusk-to-dawn lighting fixtures in the proposed parking lot are subject to review by the Township Police Dept. Go All the fencing must be black clad vinyl (posts, mesh and all fittings). d. Provide additional spot grades at the field house and storage building. Cio Add a note that the existing sanitary sewer is to be videotaped, providing copies to the Township -51-

and Board Engineers. Add a note that any buried structures are to be uncovered and raised to grade. Redesign the sanitary sewer from San. MH #1 to San. MH#4 to reduce depth of excavation and minimize impact on existing trees. The handicapped spaces at the proposed field house to indicate flush concrete curb with the signs in bollards. Revise the outlet structure details to provide trash racks for all orifices and provide additional dimensioning including top and bottom of structure elevations. Add details for the flared end section, batting cages and scoreboard and revise other details to address some minor items (class of concrete, size of trench grate and handicapped ramp details) . Provide drains for the dugouts to storm sewer or to basin(s). Landscape plans are to be revised to show utilities, lights and fencing with any conflicts with these features to be resolved. Compliance with the parking lot tree requirements to be verified and calculations provided on the plans. A note is to be placed on the site plans that Basin 200 is classified as a Class IV dam and appropriate details are to be provided for its construction in accordance with the Dam Safety standards. Discrepancies between the storm sewer profile and’ plan are to be corrected. Selective clearing of dead and diseased trees is to be done under supervision of certified tree expert or the Township Forester. Prior to Seton Hall commencing any tree removal at the Subject Property, it must prepare and submit to the Township Planner and monitor and implement a woodland/forest management plans for the remaining wooded areas to ensure their health and vitality. -52-

34. Install a higher fence on the east end of the existing practice field (east of the existing field house) used for lacrosse practice te prevent lacrosse balls from impacting the residences on Northfield Avenue. 35. Seton Hall will comply with the U.S. Fish and Wildlife Service's conditions with regard to the timing of the removal of trees and any other requirements of the U.S. Fish and Wildlife Service. Tree removal on the entire Subject Property is only permitted between October 1 and March 31, or other time periods sanctioned by the US Fish and Wildlife Service. 36. During the months of June, July and August, the athletic fields can only be used directly by Seton Hall Prep and its own students or athletes and not by Seton Hall coaches or third parties to conduct other athletic or sports sessions or training camps (whether for pay or not). 37. There shall be no installation of any field lights on any of the fields, whether on a permanent or temporary basis. 38. Applicant shall remove any existing field lights, which must be accomplished by no later than December 31, 2010. 39. No marching bands can practice on the Subject Property. 40, Seton Hall Prep can have no more than eight home football games per school year at the Subject Property, excluding games played by another school using the Subject Property in the event of a necessity. 41. At the Subject Property, Seton Hall Prep can conduct no more than one athletic event at the same time (with the exception of tennis and baseball), and to the extent that two or more events are scheduled at the Subject Property on the same date, there must be at least a 1.5 hour time period between the conclusion of one game of any sport and the commencement of the next game of any sport. 42. The existing path running through the northerly portion currently used as a running track shall remain in its current location, but Seton Hall must resurface the path and the side edgings to prevent any deterioration of the pathway. 43. The consolidation of the various lots into a single lot by deed filed with the Recorder of Deeds of Essex County is to be completed no later than 60 days after a final non-appealed decision of the Township Council or 60 days after the last -53-

permissible appeal of a court with jurisdiction over the Zoning Board decision, whichever is earlier. 44. The recordation of a deed restriction on any further development of the existing undisturbed buffer of approximately 400 feet on the northern portion of the Subject Property, as the Applicant has consented to, prohibiting any further development in this area through December 31, 2040 only if Seton Hall or its affiliate or successor in interest is owner of the Subject Property. Said deed restriction must be filed no later than 60 days after a final non-appealed decision of the Township Council or 60 days after the last permissible appeal of a court with jurisdiction over the Zoning Board decision, whichever is earlier. 45. The Applicant must submit to the Township funds for the Township to hold in escrow adequate for the Township to retain an independent monitor to ensure compliance with the Board’s resolution approving of Seton Hall’s Application and all approved plans. The Applicant shall submit an engineer's estimate for all Subject Property improvements, including earthwork and retaining walls. This estimate shall break out the landscaping and tree removal as separate items, as these items shall be monitored by a certified tree expert. The calculation of engineering inspection fees (including the certified tree expert) will be calculated in accordance with the MLUL. The monitors, in consultation with the Township Planner and Township Engineer, shall determine how often the monitors need to be on site to provide and insure complete compliance with all approved plans and Board conditions. A pre- construction meeting shall be held among the Applicant’s representatives, the Township and their consultants and contractor(s) prior to any construction and/or clearing activity on the Subject Property. 46. The Essex County Baseball Tournament shall not be played at any field located on the Subject Property. No countywide football tournaments shall be played at the Subject Property. No county or state cross-country or outdoor track tournament or championship will be conducted at the Subject Property. No county or state soccer, lacrosse or tennis tournament or championship, which does not directly involve Seton Hall, will be conducted at the Subject Property. 47. The Applicant shall coordinate with the West Orange Police Department to hire off-duty police