2 ZBA Application

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