2 ZBA Application

M-37 letter from U.S. Fish & Wildlife Service to Philip Neuer, received November 30, 2009 M-38 letter from Herb Waldman to Zoning Board dated December 18, 2008 with exhibits M-40 Summons to Seton Hall Prep School, West Orange Municipal Court, March 20, 2007 (for sole purpose of the board’s consideration in connection with a request for a condition of special construction monitoring) M-41 Letter from Leonard Lepore, to Msg. Kelly, December 8, 2006 M-43 NJDEP report re violations on Seton Hall site M-44 letter from Herb Waldman to Alice Beirne, March 5, 2010, re: cross examination M-45 letter from Alice Beirne to Herb Waldman, March 26, 2010 response re cross-examination M-46 current conditions map depicting old growth trees and historic remains M-47 A-G documents pertaining to 1988-89 potential rezoning M-48 photo of door frame M-49 photo of panels, identified by Philip Hayden as probably from greenhouse M-SO Fagan Report M-57 photo of Turkey Gage; present-day M-60 photo of remains of Pelican Gate M-61 photo of destroyed Pelican Gate M-63 current photo of interior of greenhouse M-64 current photo of greenhouse with yews before destruction M-65 current photo of iron fence M-66 current photo of item found partially buried on site S55

M-71 blow up of existing conditions depicted in M-46 M-72 current photo of greenhouse M-73 current photo of greenhouse M-74 current close-up photo of greenhouse M-79 current photo showing uprooted yew M-83 tree removal citation WHEREAS objector Gerald Carp, Esq., an adjoining property owner represented himself pro se, and eventually his wife, as well, and WHEREAS Mr. Carp cross-examined witnesses and offered the following Exhibits: c-1 page 5 of Mr. Stewart’s 4/18/07 plan, colored by Mr. Carp. Cc-2 sheet 1 of 1 Cc-4 11 photographs c-5 Asphalt Millings Guidance Document WHEREAS the following members of the public posed questions to the various witnesses: Lawrence Svetvilas 699 Prospect Avenue? Victoria Owens, 6 Korwel Court Rhea Seagull 662 Prospect Avenue Christian Lopez , 61 Woodland Avenue, Maywood, NJ Ellen Carp, 63 Ridge Road Elaine Lehmert, 666 Prospect Avenue ' Address is in West Orange, unless otherwise noted. -16-

Catherine Nadie, 448 McCoy Road, Franklin Lakes, Nd Sally Malanga, 57 Ridge Road Barry Schusterman, 21 Benvenue Avenue Ronni Strell, 354 Prospect Avenue Robert Alvarez Northfield Avenue Joseph Arambulo Northfield Avenue Sydell Demaio 25 Kenz Terrace Mike Sheppard, 28 Kaiser Lane Taylor Lanzet 20 Cannon Street Alyza Go 5 Normandie Terrace Gerald Gurland, 294 Arnaeo Terrace WHEREAS, Gerald Gurland and Brian Fenney of the West Orange Preservation Commission petitioned the Board for either a referral of the matter to the West Orange Preservation Commission or time for the opportunity for the West Orange Historical Preservation Commission to undertake analysis of the Application, said request was denied by the Board as not statutorily required and untimely and cumulative, but advised the Board members that comment would be received from individual Historic Preservation Board Members during the public comment portion of the Application; and WHEREAS, during the course of the hearings, numerous e- mails and letters were received by the Board secretary from members of the public both from West Orange and other places making comment on the Application, all such letters and e-mails were placed in the Board’s file but were not read or considered by Board members; and ales

WHEREAS the following members of the Public made a statement regarding the Application: Loren Svetvilas, 699 Prospect Avenue, who spoke about student safety, and who offered Exhibits LS-1 through LS-5, which were photographs of students walking along Prospect Avenue and also expressed concerns about loss of trees and use of asphalt millings; Nirva Singh, 230 Crescent Lane, Cliffside Park, NJ, who was a designated spokesperson for a group of Bergen County Community College students following the hearings, who testified that her group has generalized environmental concerns about the project; and Joseph P. Brennan, Jr., 13 Harvard Terrace, who stated that Seton Hall is a wonderful neighbor; Paul Tractenberg, 11 Tuft Lane, who testified he was involved in the drafting of the tree removal ordinance and that he would like the spirit and intent of that ordinance to be followed in this application; Thomas R. Farley, 67 Ridge Road, who stated that he is a member of the Board of Trustees of Seton Hall Prep, anda contiguous property owner, and he supports the application; Danielle Blake, 45 Lennox Terrace, a West Orange High School Student; Austin Glover , 17 Winding Way, and member of the Prep community who support the building of additional fields for the Prep; -18-

Terry Cunningham, 44 Maple Avenue who spoke in support of the Application because it would free up more township baseball diamonds in town if Seton Hall didn’t have to use township ball fields; Daniel Yennion, 6 Essex Street, Bellville, New Jersey, who was granted permission to speak on behalf of the Sierra Club; James Quinn, 15 Koewing Place, who spoke in Support of the Application; Jerome Eben, 26 Walker Road, who indicated he thought the objector’s engineer had a better plan and that he Board lacked enforcement authority; and Peter J. Degnan, 26 Benvenue Avenue, who spoke in favor of the Application; and Robert Alvarez, 293 Northfield Avenue, which is situated just east of the property at the bottom of a steep ridge, Mr Alvarez presented RA-1, RA-2 and RA-3 which were photographs of runoff from the Subject Property, and advised the Board of lacrosse balls coming over the fence and down onto his property and into his yard from above, which presented a danger to anyone in his yard; and Paul Taniro, 5 Mountain Drive, who spoke in favor of the Application; and Taylor Lanzet, 20 Cannon Street, Judith Caden, 21 Glen Road, spoke about the importance of recognizing General McClellan; Joyce Ridin, 38 Woodland who stated she did not believe the Tree Ordinance was being adhered to; -19-

Narisa Svetvilas, who was concerned about public safety and traffic and pedestrians near the Subject Property and introduced photographs she took as Exhibits NS-1 through NS-5, depicting pedestrian traffic patters; Sally Malanga, 57 Ridge Road, who spoke about preserving the historical remains; Elaine Lehmert, 666 Prospect Avenue who doesn’t think the fences on prospect will have an impact; and Ronnie Strell, 654 Prospect Avenue, who spoke of her basement flooding and the raised height of the existing soccer field; and Rhea Seagull 662 Prospect Avenue, who was worried about drainage onto her property; and Nancy Warshowsky, 4 Dogwood Road, who testified that she has been a resident since 1987, and highlighted the importance of trees in our world; and Terry Schwartz, 36 Colony Drive East, who has lived here since the 1960's and has experienced the parking conditions at the Seton Hall Northfield Avenue campus; and Warren Maspeizer, 30 Edgemont Road, a resident since 1966; and Gerald Carp, Esq. 63 Ridge Road, who requested a permanent buffer between fields and his property and stated his preference regarding the location of the cross-country track; and ~20-

Brian Mauerer, 2 Yale Terrace who advised the Board of a resolution of the West Orange Historical Preservation Commission; and WHEREAS, Public Advocate Harvey Grossman questioned the various witnesses and made closing remarks; and WHEREAS the members of the Board questioned the witnesses and the Applicant’s attorney and Mr. Waldman, the objector’s attorney; Mr. Carp and certain members of the public; and WHEREAS, the Board considered the report and testimony of Susan Borg, Township Planner; and WHEREAS the Board considered the various reports and letters and testimony and proposed conditions to approval prepared by Eric Keller, P.E., Specially appointed engineer to the Board for the project; and WHEREAS Board members individually visited the Subject Property on one or more occasions and on June 17, 2010, placed on the record the observations they made when visiting the Subject Property; and NOW THEREFORE, the Board hereby makes the following Findings of Fact: 1. The Applicant is the owner of the Subject Property located at 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. ae The Applicant has requested site plan approval for the installation of additional playing fields and 3 new structures. The Subject Property is an integral part of its operation of a -21-

private school, the academic portion of which is operates on a non-contiguous site on Northfield Avenue, less than one mile away from the Subject Property. 3. The Applicant requires the following variances: (1) a “DY 1 use variance for athletic fields, not permitted in the residential zone; (2) 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 (3) a variance for construction of 2 free standing signs when none are permitted in the residential district; (4) a variance from the requirement of no disturbance of vegetation within 100’ of ridge 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%; (5) a variance for construction of 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 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’. The Applicant is also need a soil removal permit and a tree removal permit. 4. During the Application, the Application was amended to include 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 Avenue. 533-

5. The Subject Property is approximately 45 acres in size. The Zoning Board has heard extensive testimony over the course of 26 meetings or hearings that commenced in November 2008. 6. Seton Hall is a private non-profit high school that is accredited by the New Jersey State Department of Education. 7. Seton Hall first leased the Subject Property in question in 1987 and purchased it in 1993. The Subject Property was previously the location of the Carteret Boys School. Seton Hall is a well-respected neighbor in Town. The Subject Property is situated in the R-1 zone and is private, not public, Property. Across Prospect Avenue from the Subject Property is a golf course, and the Shillelagh Club, cértain private homes and a church abut portions of the Subject Property. 8. Seton Hall seeks numerous variances in order to expand existing athletic facilities and fields and a field house at the Subject Property, with the construction of a football field, bleachers, a press booth, a concession stand, a storage room/athletic facility, five tennis courts, two baseball fields, practice fields, parking lots and required drainage facilities needed in connection with the further development of the Subject Property and a sign. OF Seton Hall currently maintains certain practice fields and a field house at the Subject Property which were previously approved by the Township Planning Board. Seton Hall has demonstrated, by the testimony of Monsignor Kelly and Peter Steck, its planner, of its need to expand the athletic “2

facilities and how the athletic facilities directly relate to Seton Hall’s core curriculum. Sports and athletic programs, especially in an all-boys high school such as Seton Hall, are a very important part of the education process and integral to the core function and curriculum of a high school such as Seton Hall Prep. Further, testimony demonstrated that Seton Hall also intends to use the Subject Property to conduct ecology classes and drivers' education classes, which are part of the school’s curriculum. 10. The Subject Property is well suited for the expansion of the athletic facilities sought, and it is important to note that the athletic facilities are in reasonably close proximity to the Seton Hall school building, which is located on Northfield Avenue. 11. Various public and private schools in West Orange are in residential zones and have athletic or ball fields such as the Mt. Pleasant Elementary School, Gregory Elementary School, Hazel Elementary School, Liberty Middle School, Stag Field adjacent to St. Cloud Elementary School, Redwood Elementary School, Pleasantdale Elementary School, Roosevelt Middle School, West Orange High School and the Solomon Schechter lower school and high school, plus of course Seton Hall Preparatory School on Northfield Avenue. Thus, it is clear that it is common for athletic fields and facilities to be built in connection with schools. 12. Seton Hall owns no other land in the Township of West Orange suitable for use for the construction of additional -24-