2 ZBA Application

30. Seton Hall has proposed leaving the cross-country track in its existing location, a condition that was supported by the objectors’ environmental expert, Amy Green. At closing argument, counsel for two objectors stated that they wish the path to be moved further to the south which would result in the destruction of approximately 37 additional trees. The Board finds that the proper place for the running track is in its current location but will require as a condition that it be resurfaced on the top and sides so that it is solid. 31. With regard to the use of asphalt millings, objectors provided Exhibit Carp 5 which are the Asphalt Millings Guidance Document issued by the New Jersey Department of Environmental Protection with a revision date of September 10, 2009. Clearly, these revisions are not applicable because the path in question predates this Guidance Document and there was no testimony as to the exact composition of the path that exists on the Subject Property that has been there for many years. Further, section F of the Guidance Document notes that “several uses of asphalt millings are fully appropriate in accordance with the regulations for recycling and beneficial use and, therefore, asphalt millings may be used as follows below.” One of the permitted uses set forth in subsection F 3 is as surfacing materials if an appropriate binder is applied to keep the asphalt millings in place. Subsection F 4 notes that asphalt millings may be used to construct or repave a roadway or parking lots and used for a walking or running path likewise appear to be clearly appropriate under these regulations. The pathway is ies