2 ZBA Application

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