Compiled PB Application Package w Exhibits 111 Prospect Avenue Orange Prospect LLC 2 19 25

WHEREAS, the Board made the following findings of fact: 1. That the request of the applicant is necessary for the completion of the project. NOW, THEREFORE, BE IT RESOLVED, that the Planning Board approves the extension requested by the applicant which shall extend through and including September 8, 1999; and BE IT FURTHER RESOLVED, that the application is extended with all prior special conditiors remaining in. full force and effect and are incorporated herein by reference. The forgoing is a true copy of the resolution adopted by the Planning Board of the Township of West Orange at its regular meeting held on October 8, 1997. f Dated: October 8, 1997 ‘Wa, palates Upp a Migdatia Wagner, Secretary// c\Knol-Mar\Resol-1

From: 10/19/2012 00:48 #437 P.008/050 BOARD OF ADJUSTMENT THE TOWNSHIP OF WEST ORANGE RESOLUTION 2B-98-07 WHEREAS, Bow & Arrow Manor, Inc., the ("The Applicant y, hereinafter referred to as Manor, located at 111 Prospect Avenue, West Orange, New Jersey, 07052, and being the owner of said property where it owns and operates a restaurant known as "The Manor"; “applied to the West Orange Zoning Board of Adjustment ("The Board"), to erect and operate a hotel which will be known as "Residence Imn by Marriott at The Manor" which will require a use variance because it is located in the B-2 Zone because it wili exceed the maximum lot coverage of 40%, a condition pursuant to the ordinance for conditional use approval thus requiring the Zoning Board consideration and approval, together with a height variance “for 3 stories instead of 2 1/2 and for various "C" variances for parking for $6 spaces instead of 122 spaces as required, a driveway distance from the residential zone (golf course) of 25 feet instead of 50 feet as required, permission to park in the front yard of the Hotel where it is.not allowed, a side yard setback of 50 feet instead of 75 feet as required, a buffer strip to the residential district of 48.40 feet on the side and 73.82 feet in the rear instead of the 75 feet in addition to the required setback that is required and also sub-division approval and preliminary and final site plan approval in connection with constructing a 122 bed hotel; and free standing sign approval for the Hotel; being Block 151, Lots 15, 15.02, 17.02, 17.04, 17.05 and 17.06; and Block 151.03, 1

From: 10/10/2012 00:48 #437 P 009/050 Lots‘13, 205, 206, 207, 208, 209, 210 and 211 with a proposal for a sub-division into 2 lots wherein the restauraant banquet facility known as "The Manor" will continue on Lot 17.01 and the proposed hotel adjoining it will be on Lot 15.01; being in the B-2 Zone, wherein it is a conditional use; and ‘ WHEREAS, the Applicant presented proof that adequate notice of the hearing on said application was published in The West Orange Chronicle, one of the official newspapers of the Board; and ' WHEREAS, the Applicant submitted proof of service of hearing upon all property owners within 200 feet of the property; and WHEREAS, the application was heard at public meet ings of the Board on April 23, 1998 and May 14, 1998; and WHEREAS, the Applicant made their presentation through Robert Cc. Williams, Esq., as their attorney; and submissions included a title sheet prepared and signed by McCumsey-Petry, Engineers dated November 18, 1997 and revised March 31, 1998; a Minor Sub-Division prepared and signed by McCumsey-Petry, Engineers dated January 29, 1993 and revised June 17, 1997; Overall Parking Plan prepared and signed by McCumsey-Petry, Engineers dated November 15, 4997 and revised March 31, 1998; Layout Sheet, prepared and signed by McCumsey~Petry, Engineers dated November 15, 1997 and revised March 31, 1998 Alternate Layout Plan dated April 23, 1998, revised May 15, 1998 by McCumsey-Petry, Engineers; Grading and Drainage Plan prepared and signed by McCumsey-Petry, Engineers dated November 15, 1997; Lighting and Landscaping Plan

From: 1O/1o/20t2 00:49 #437 P.010/050 prepared and signed by McCumsey-Petry, Engineers dated November 15, 1997 and revised March 31, 1998; Soil Erosion and Sediment Control Plan prepared and signed by McCumsey-Petry, Engineers dated November 15, 1997 and revised March 31, 1998; Storm Sewer Profiles i prepared and signed by McCumsey-Petry, Engineers dated November 15, 1997; Sanitary Sewer Profile & Details, prepared and signed by McCumsey-Petry, Engineers dated November 15, 1997; Details, Page 10 of 11, prepared and signed by McCumsey-Petry, Engineers dated November 15, 1997; Details - Page 11 of in, prepared and signed by McCumsey~Petry, Engineers dated November 15, 1997 and revised March 31, 1998; Architectural Cover Sheet prepared by Robert Waldron, Registered Architect, undated; Ground Floor, First Floor, Second Floor, and Roof Plan, all prepared and signed by Robert Waldron, Registered Architect, and each dated October 7, 1997; Blevations (Page 5) and Elevations (Page 6) prepared and signed by Robert Waldron, Registered Architect, each dated October 7, 1997 revised April 1, 1998; Sections (Page 7), prepared and signed by Robert Waldron, Registered Architect, and Typical Units, prepared and signed by Robert Waldron, Registered Engineer, each dated October 7, 1997 together with various exhibits presented at the public hearing and viewed by the members of the Board and those in attendance in the audience; and WHEREAS, the Applicant presented various witnesses, who- included J. Michael Petry, Professional Engineer and Professional Planner, Robert Waldron, Registered Architect and Peter G. Steck, Licensed Planner, who satisfied the positive and negative criteria

From: 10/10/2012 00:49 #437 P.011/050 required; and testified that the use of a restaurant and banquet facility with a hotel adjoining it represented uses that complemented each other and that represented the highest and best use of the property and that because of shared parking and sharing other facilities, represented a lesser impact on the property and one that would not negatively impact on the surrounding area; and WHEREAS, the Applicant submitted copies of three prior Planning: Board Resolutions, being PB-92-10 adopted on December 1, 1993 granting certain variances and conditionally approving the Amended Site Plan Application and Minor Sub-Division Application; PB-96-08 adopted on October 9, 1996 extending the approvals previously granted in the prior resolution to September 4, 1997; and PB-97-21 adopted October 4, 1997 extending the approvals previously granted through September 8, 1999; and - WHEREAS, the Board considered 2 reports prepared by Harold K. Maltz, Professional Engineer and Professional Planner of Hamal Associates Inc. as a Traffic Expert and his testimony as having been hired by the Board concerning the project and indicating his approval because the Applicant had revised their plans in order to comply with the requirements of the said Harold K. Maltz and the Engineering Department of the Township of West Orange with whom there had been concurrence with the said Harold kK. Maltz; and WHEREAS, a sanitary sewer easement was recorded and met with the satisfaction of the Board; and

From: rom 10/10/2012 00:49 #437 P.012/050 WHEREAS, Bill Herinya resident at 23 Deerfield Drive, West Orange, New Jersey, questioned the various witnesses of Applicant regarding the easement above referred to and drainage problems and the effect of the new system and also expressed concern with the fence and its location and certain trees on the western side as to whether they would be remaining or would be removed and was assured they would remain; and 3 WHEREAS, the reports filed by Susan Borg, Township Planner and Allan J. Palmere, Assistant municipal Engineer together with their respective comments were considered by the Board; and WHEREAS, Robert Lavitt, the Public Advocate was in attendance and conducted examination of various witnesses as did various members of the Zoning Board of Adjustment expressing concern over the drainage problems, parking problems, safety of persons going from the Manor Restaurant Facility and access for emergency vehicles and limo’s and; whether or not there would be an adverse effect upon the area as to traffic or anything else detrimental; and concern that the proposed hotel use remain solely as a hotel use and not become an apartment use to which it could be adapted; and WHEREAS, ‘no one élse appeared at the meeting; and no one. else testified in favor of or in oppposition to the project; and WHEREAS, all the facts and data contained in the © submitted application and all the facts and testimony adduced at the public hearing on said application are incorporated herein as Finding of Fact of this Board as if set forth at length herein; and

From: 10/10/2012 00:50 #437 P.013/050 THE BOARD HAVING MADE THE FOLLOWING SPECIFIC FINDINGS OF FACT AND CONCLUSIONS: A. Applicant is the owner and operator of a long standing high quality restaurant and banquet facility at 111 Prospect Avenue, West Orange, New Jersey known as The Manor and seeks approval for a hotel to be erected adjoining it. B. The property consists of approxmately 14 acres, is located in the B-2 Zone where a hotel is a conditional use and it is designated as Block 151, Lots 15, 15.02, 17.02, 17.04, 17.05, and 17.06; and Block 151.03, Lots 13, 205, 206, 207, 208, 209, 210, and 211. c. The Board considered the 3 prior resolutions of the Planning Board adopted noting that the original approval before the West Orange Planning Board on December 1, 1993, bearing number PB- 92-10, granted site plan approval with variances for lot coverage, setback and parking and conditional use approval and it consisted of 5 buildings for the development of Summerfield Suites at The Manor as the hotel to be adjoining the Manor Restaurant Facility. It was further noted that on October 9, 1996 the West Orange Planning Board approved an amended site plan which reduced the number of buildings originally approved from 5 to 3 and the number of bedrooms from 128 to 122. The said approval were extended by the West Orange Planning Board Resolution of October 8, 1987 - bearing number PB-97-21 through September 8, 1999 and remained in full force and effect. The West Orange Planning Board had jurisdiction for the prior approvals because the hotel use proposed

From: 10/10/2012 00:50 #437 P.014/050 met all of the conditions of the West Orange Ordinance for Hotels in a B-2 Zone for a conditional use. D. The present design of the proposed hotel presented to the Zoning Board has reduced the buildings from 3 to 1, but it cannot be built without exceeding the maximum lot coverage of 40% which is a condition pursuant to the ordinance in order to obtain a conditional use approval and also it violates the Steep Slopes coverage «requirement. Therefore jurisdiction for this application rests with the Zoning Board. : E. The “Residence Inn by Marriott at The Manor" that is proposed as the hotel adjoining the Manor Restaurant will result in less impact on the surrounding uses. F. The Applicant proposes to sub-divide the property into 2 lots retaining the restaurant facility known as "The Manor" on proposed Lot 17.01 and "Residence Inn by Marriott at The Manor" which will be the hotel on proposed Lot 15.01. The Applicant will own the hotel but it will be operated by Marriott who has vast experience in such operations in that it can accommodate not only the usual over night accommodations for those attending a banquet or special affair at The Manor which will be next door but also for business persons who must- be in the area for longer than over night. G. Applicant seeks approval for a height variance for 3 stories instead of 21/2 stories as permitted although the maximum height of 35 feet will be the same and it appearing that the hotel will not appear as a 3 story structure as the first floor will be

From: 10/10/2012 00:50 #437 P.015/050 buried and from Prospect Avenue, only floors 2 and 3 will be seen; and in the back floors 1 and 2 will be seen but the 3rd Floor will appear as a roof area with dormers so as to complement the area and the adjoining facility of The Manor. H. The proposed lot coverage, 51.3% exceeds the maximum permitted of 40% and the 51.3% maximum lot coverage also affects the steep slopes lot coverage requirement of 34.5% so as to involve a further use variance requirement. I. While the number of buildings ‘has been reduced to 1 the number of beds remains at 122 as approved by the Planning Board in a subsequent amended application. . a. The Applicant also seeks various "C" variances which include parking for 96 spaces instead of 122 spaces as required, a side yard setback contiguous’ to the residential zone (the golf course side) of 50 feet instead of 75 feet as required; a buffer to the residential district of 48.40 feet on the side and 73.82 feet in the rear instead of 75 feet as permitted; parking in the front yard of the hotel which is not permitted; and driveway distance to the residential area of 25 feet instead of 50 feet as required and permitting a free ‘standing sign to be erected that would be suitable to advertise the hotel and will comply with ail the requirements of the ordinance applicable to signs and will be substantially the same size as the existing Manor sign. K. The drainage system will be improved and the plans submitted and approved by the Engineering Department will accommodate the needs of the residents and prevent problems for

From: 10/10/2012 00:51 #437 P.016/050 them; and a satisfactory sanitary sewer easement has been recorded. L. There will be shared parking between the hotel and The Manor and the 2 uses side by side complement each other and represent a less intense use of the facilities because they will have shared facilities for parking and other appropriate facilities, and there is mo current restaurant proposal for the hotel as the occupants will utilize the Manor. M. » The traffic concerns for the proposed facility were addressed by the engineering department and by Harold Maltz, the Traffic Engineer both in his reports and in his testimony and the requirements expressed by Mr. Harold Maltz and the engineering department have been adopted by the Applicant. N. Suitable sidewalk and pedestrian routes on the hotel site have been provided for so that guests will not be required to walk through the parking areas to access the hotel and their safety will not be adversely affected. QO. The drainage will be improved by going into a detention basin and only the area of the slope between the parking area and the ditch will drain into the ditch as a berm has been constructed behind the Manor Restaurant. P. The Applicant also seeks sub-division so that it will be sub-divided into 2 lots, the proposed lot 17.01 to be for the operation for the Manor Restaurant and Catering Facility and the proposed lot 15.01 to be for the "Residence Inn by Marriott at The Manor". Q- Applicant also requires amended preliminary and final