Planning Review Memo ZB 22 12 Seton Hall Prep updated 3 31 23

AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org 3 is proposed atop a roof on the south side of the building. Two interior stairways and an elevator are proposed to provide access to the second floor and the roof terrace. An existing field house at the southern end of the property is proposed to be converted to storage use to replace the existing storage space in the building that is being expanded. According to the site plan, this building is 6,630 square feet in area. According to the application materials, two new parking spaces are proposed, which would increase the total number of spaces on site from 677 to 679, although it is unclear from the site plan where these spaces would be located. It is not apparent from the site plan what new landscaping, if any, is proposed. DISCUSSION/RECOMMENDATIONS Variance Proofs The subject property is located in the R-1 single-family residential zone district. A public or private school is a permitted conditional use in the R-1 zone, but as has been previously determined by the Board, school athletic fields are not a principal permitted use in the R-1 zone. A use variance was previously granted to permit the use, which has been modified through subsequent applications for “d(2)” variance approval for the expansion of a nonconforming use. The Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-70d(2) enables a board of adjustment to grant a variance to permit the expansion of a nonconforming use. An applicant for a “d” variance must comply with the requirements of the Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-70d. A “d” variance may be granted only “in particular cases for special reasons.” In addition, an applicant for a “d” variance must address the “negative criteria,” and affirmatively demonstrate that the variance can be granted “without substantial detriment to the public good” and “without substantial impairment to the intent and purpose of the zone plan and zoning ordinance” of the municipality. The applicant’s planner indicates in his report that the existing and proposed use of the subject property can be considered an “inherently beneficial use,” as it is an integral part of the overall school use by Seton Hall Prep. This position is consistent with the Board’s findings in prior applications for this property. Therefore the appropriate standard for review is in accordance with the Sica court decision cited

l Prep. This position is consistent with the Board’s findings in prior applications for this property. Therefore the appropriate standard for review is in accordance with the Sica court decision cited in the applicant’s planner’s report.