2 ZBA Application

during the Application, leading to the final proposal, accepted by Mr. Keller, the Board's engineer, and adopted by the Board. 37. The Parking variance should be granted with the Applicant providing for 372 non permanent spaces for overflow parking for home football games, as it is not good planning to provide for an impervious parking area that will only be used 4- 6 times per year. NOW THEREFORE, the kBoard hereby makes the following Conclusions of Law: zs “Zoning boards may choose which witnesses, including expert witnesses, to believe.” Board of Education v, Zoning Board, 409 N.J. Super. 389, 434 (App. Div. 2007). The board’s choice must be reasonable. Id. The board “cannot rely upon opinions that are unsupported by any studies or data.” Id. at 435. Thus, certain of the conclusions that were made by witnesses in this matter were, based upon the Board's assessment of the witnesses who testified in this application, not credible or supported. 2. The fact that Seton Hall is a private school, and not a public school, is irrelevant. N.J.S.A. 40:55 D-66(b) states: No zoning ordinance governing the use of land by or for schools shall, by any of its provisions, or by any regulation adopted in accordance therewith, discriminate between public and private non-profit day schools of elementary or high school accredited by the State Department of Education. *36-