2 ZBA Application

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 officers to control traffic during all home football games. Said police officers shall be required to be at their posts at least 1.5 hours prior -54-

to the commencement of each game and shall be required to remain at their posts on the Subject Property for at least 1 hour after the conclusion of the game. 49. tne Applicant shall place a memorial plaque in the area behind center field in the proposed junior varsity baseball field acknowledging that the subject Property was the former residence of General George McClellan. Said memorial plaque and , the language contained thereon shall be subject to the approval _ Of the West Orange Planning Director. Lo 49, The Applicant shall implement the activities contained in the approved Operations & Maintenance Manual prepared for the project. The Applicant shall submit its annual report to the Township Engineer regarding these activities on or before January 31 of each calendar year for the prior calendar year. 50. Before the Applicant can commence any work at the Subject Property, the Applicant must obtain a Letter of Interpretation from the New Jersey Department of Environmental Protection delineating any wetlands on the Subject Property and/or transition areas on the Subject Property or, alternatively, the Applicant agrees to submit to the New Jersey Department of Environmental Protection any Applications to obtain any required wetlands permits. 51. The Application is subject to approval of the Essex County Planning Board. 52. The Application is subject to the approval of the Hudson Essex Passaic Soil Conservation District. 53. The Applicant agrees to offer the use of the baseball and football fields located at the Subject Property for use by the townships of West Orange, Livingston and South Orange for their high school varsity teams in the case of an emergency. 54. In addition to hiring police officers during home football games, the Applicant shall also provide parking lot attendants to assist with the overall parking during home football games, and specifically on the field that is to be used as a temporary parking lot. 55. During home football games, no left turn shall be permitted out of the north driveway onto Prospect Avenue unless directed by a police officer at that location. 56. The path running in the northerly portion of the Subject Property shall not be used by construction vehicles or 55"

construction equipment unless essential and authorized by the Township Engineer or the monitor retained by the Township to supervise the construction. 57, All stockpiling and storage of soil, materials, construction equipment, or other materials shall be restricted to areas far enough away from trees in order not to cause damage to the root systems., Any questions as to the storage of any soil, material, construction equipment or other materials shall be determined by the Township Engineer, Township Planner or the monitor retained by the Township. 58. Any fill material brought to the Subject Property during construction shall be certified as clean and suitable for use on athletic fields. Certification must be provided to the Township Engineer and monitor at least three business days prior the transport of fill to the Subject Property. Representative soil samples of the proposed fill material are to be delivered to a NUDEP certified analytical laboratory for the analysis of the chemical parameters covered under a Priority Pollutant +40 screening. 59. Revised site plans and drawings are required to be submitted to the Planning Department before a construction permit is issued. 60. The Applicant shall record a permanent conservation easement as agreed to by the Applicant for the property below Ridge Road which 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 permissible appeal of a court with jurisdiction over the Zoning Board decision, whichever is earlier. 61. The use of a public address system at. the Subject Property shall be limited to (i) during football games and/or (ii) isolated individual events held at the Subject Property, and only at normal and customary decibel levels. Moved: Bruce Buechler Seconded: Phil Neuer Those in Favor: Bruce Buechler, Gregory Bullock, William Steinhart, Mark Sussman, Phil Neuer Those Opposed: None -56-

Abstentions: None I hereby certify that the foregoing Resolution was adopted by the Zoning Board of Adjustment of the Township of West Orange at its meeting of December 16, 2010 and that said Resolution memorializes the action of the Zoning Board taken at a special meeting held on November 8, 2010 granting the approval, with conditions by a vote of 7 in favor and 0 against. December 16, 2010 Bape Quel Race Eliz&beth Rochette Board Secretary -S7-

Amended Resolution ZB-08-37 January 17, 2013

RESOLUTION ZONING BOARD OF ADJUSTMENT TOWNSHIP OF WEST ORANGE RESOLUTION ZB-08-37 Amendment WHEREAS, the Seton Hall Preparatory School (“the “Applicant” or “Seton Hall"), applied to the West Orange Zoning Board of Adjustment (“the Board”) and received site plan approval with variances to add additional playing fields and new structures on its premises off of Prospect Avenue, also known as Block 81.01, Lots 1.01, 1.04, 1,05, and 1.06 and Block 42.01, Lots 1, 7, 7.01, 7.02 and 7.05, (the “Subject Property”), on the Tax Map of the Township of West Orange and located in the R-1 zone, and said approvals having been memorialized in Resolution ZB-08-37 dated December 16, 2010; and WHEREAS, the Board‘s resolution of approval was appealed by Kevin Malanga, by the filing of a suit in the Superior Court of New Jersey, Law Division, bearing docket No. ESX-L-1037-11, which named Seton Hall, the Board and the Township Forester as defendants and sought to overturn the decision of the Board; and WHEREAS, in an effort to resolve the matter the Applicant submitted another plan for the same site to the Board for approval; and WHEREAS, in accordance with Municipal Land Use Act and the decision of the court in Whispering Woods v. Middletown Township, 220 N.d. Super. 161 (Law Div. 1987), the Applicant

filed a New Application on or about October 2, 2012, and WHEREAS, the Applicant presented proof that adequate notice of the hearing on the New Application was published in the West Orange Chronicle, one of the official newspapers of the Board; and WHEREAS, the Applicant submitted proof of notice of the hearing upon all property owners within 200 feet of the property and all others required to receive notice; and WHEREAS, the New Application was heard at a public meeting of the Board held December 6, 2012; WHEREAS, the Applicant was represented by attorney Robert c. Williams, Esgq.; and WHEREAS the Applicant presented the testimony of Charles Stewart, a licensed professional engineer, surveyor and planner in the State of New Jersey, who was accepted by the Board as an expert in the field of civil engineering, Mr. Stewart outlined the changes to the originally approved plans that resulted in no additional variances, and consisted primarily of the relocation of the Bio-Retention Basin located on the southwest side of the property adjacent to the Shillelagh Club to the area outside center field on the JV Baseball Field, resulting in the Bio- Retention Basin becoming a Detention Basin, and resulting in the saving of additional trees, and leaving an additional part of the property in a natural state, necessitating lowering of the dV baseball field by 4 feet, reducing the need to bring Fill to the site, and installation of a new retaining wall, the

installation of a new rain garden, and an increase in the underground storage capability of the drainage under the practice field; and WHEREAS, the Applicant offered the testimony of Joseph Ciarone, licensed landscape architect, who was recognized as an expert in the field of landscape architecture, Mr. Ciarone testified that he prepared the Plan marked A-7 and same includes the changes that were highlighted by Mr. Stewart; and WHEREAS, John Linson, the Township Forester, appeared at the hearing and testified he is pleased with the new plan because it saves more trees, he also indicated that he does not want to see overcrowding of new trees so he will work with applicant to develop a species that will work best to implement the plan and that the tree permit should be granted; and WHEREAS, the Applicant offered and the Board accepted into evidence the following Exhibits: A-1 Overall Clearing and Grading Plan Revised through 5/25/10; A-2 Previously Approved Tree Removal Plan Revised through 5/24/10; A-3 Overall Clearing and Grading plan Revised through 9/23/12; A-4 Tree Removal Plan revised through September 23, 2012; A-5 Detailed Utility and Grading Plan revised through 9/23/12;

A-6 Detailed Layout Plan and Dimension plan dated 9/23/12; A-7 Landscape improvement Master Plan, Sheet 1, dated 12/5/12; and WHEREAS the Board marked the following exhibits into evidence: Board-1 Linson Letter dated December 5, 2012; Board ~2 Settlement Agreement; and WHEREAS, members of the Board questioned the Applicant's attorney and its witnesses; and WHEREAS, Mr. Malanga's attorney, Herbert Waldman was present and requested two additional conditions which were regarding notice to his client, said conditions were considered by but not accepted by the Board, and otherwise indicated his client's consent to the New Application; and WHEREAS, the West Orange Public Advocate Harvey Grossman was present for the hearing; and WHEREAS no members of the public questioned the witnesses or made public comment; and NOW THEREFORE, the Board hereby makes the following Findings of Fact and Conclusions of Law: A. The applicant is the owner of the property located off of Prospect Avenue, also known as Block 81.01, Lots 1.01, 1.04, 1,05, and 1.06 and Block 82.01, Lots 1, 7, 7.01, 7.02 and 7.05 on the Tax Map of the Township of West Orange and located in the R-1 zone.

well as The applicant was granted site plan and variance approval on December 16, 2010 to add additional playing fields and new structures on its property. A Lawsuit challenging the Board's grant of said approvals was filed by Kevin Malanga in the Superior Court of New Jersey, Law Division, and bearing docket No, ESX-L-1037-11, which named Seton Hall, the Board, and the Township Forester as defendants and sought to everturn the decision of the Board. In accordance with Municipal Land Use Act and the decision of the court in Whispering Woods v. Middletown Township, 220 N.J. Super. 161 (Law Div. 1987), the parties to the suit have entered into Settlement Agreement which called for the Applicant to file a New Application with the Board. The New Application requires no additional variances and represents an improvement to the original plan as it preserves additional trees by moving the Bio Retention Basin. The reasons for the grant of the original approvals are still present and the New Application should be granted with minor revisions to the conditions set forth in the original approval which are necessitated by the changes in the New Application. A motion to grant the New Application as_agt forth above, as a one year extension of the approvals, granted on meceaanneeraennenneme Tin areata Lees Say