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

From: 10/10/2012 00:51 #437 P.017/050 site plan approval. R. The traffic situation having been appropriately addressed as testified to by Harold K. Maltz and as covered in his reports, will not lead to traffic congestion or traffic problems and in fact represents a less intense use of the facilities than approved by the Planning Board. s. The Board noted that should the application before it he denied the application of the Planning Board which has been extended to September 8, 1999 would be the plan that could be completed by the Applicant and would represent a more intense use of the property. vT. The plan submitted for lighting and landscaping and as testified to by the various witnesses will not produce any noxious fumes or generate any disturbing noises to the neighboring properties and their inhabitants. U. The compatibility of the 2 uses, the Manor Restaurant and Banquet Facility and the Hotel represents a less intensive use for parking as a shared parking facility recommended by the Urban Land Institute as indicated by the testimony of the Professional Planner, Peter G. Steck who testified that the 2 uses, restaurant and hotel complement each other, and represent an appropriate use of the area and represent a reduced impact on the land use which is a recommended purpose of proper planning. The testimony of the Professional Planner also supported the granting of the various "C" variances that are required as above setforth. The proposed use represents the highest and best use of the property. 10

From: 10/10/2012 00:52 #437 P.018/050 Vv. The proposed construction and use is designed to blend in with the character of the neighborhood and will not impact negatively on the surrounding area. Ww. Due to the nature of the proposed use, the design of the site, and the on site operation management of the operation, there will be no adverse impact to the health, safety or welfare of the existing residences in the area or to passersby or to the users of the facilities. x. The purposes of the Municipal Land Use Law will he advanced by the grant of the "D" variances and the "C" variances. Y. The granting of the "D" variances and the "C" variances will not substantially impair the general purposes of the West Orange Zcning Plan, Master Plan or Zoning Ordinances of West Orange. . Z. The benefits of said variances will substantially outweigh any detriment and will not substantially negatively impact on the surrounding properties and neighborhood. AA. The proposed building and use is not out of character with the neighborhood, will enhance the utility of the property, and will considerably enhance the neighborhood and benefit the general welfare of the general public and surrounding area by providing a much needed hotel service. BB. The proposed construction and use does not pose any threat to the safety and well being of anyone in the surrounding area. cc. The granting of the application will not be a substantial LL

From: 10/10/2012 00:52 #437 P 019/050 detriment to the public good. A motion to grant the Applicant's request for two "D" variances as to height for 3 stories instead of 2 1/2 as permitted and for maximum coverage of 51.3% instead of 40% as permitted and instead of 34.5% as permitted by the Steep Slopes Ordinance on Lot 15.01 and 59.9% as per Steep Slopes where 56.77% is permitted on Lot 17.01, and for "C" variances to include a side yard setback contiguous to the residential zone of 50 feet instead of 75 feet; parking for 96 spaces instead of 122 as required; a side yard puffer to the residential district of 48.40 feet and a rear yard buffer to the residential district of 73.82 feet instead of 75 feet as required; permitting parking in the front yard of the hotel which is mot permitted, and the driveway distance to the residential area shall be 25 feet instead of 50 feet as required; and a free standing sign advertising the hotel to conform with the signage requirements of the existing sign ordinance; and for minor sub-division to create 2 lots, one for the hotel and one for the restaurant and banquet facility and for amended preliminary and final site plan approval; was made by Alton Williamson, seconded by Zal Velez and voted upon as follows: AYES . NAYS ABSTENTIONS Abeles 0 ie) Foster Gunning Velez Weiss Williamson NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Adjustment of the Township of West Orange, based upon the Findings 12

From: 10/10/2012 00:52 #437 P.020/050 of Fact and Conclusions aforesaid, and upon the laws established in the State of New Jersey, hereby grants Bow & Arrow Manor, Inc., the "D" variances requested for a three story hotel building to be erected instead of a two and a half story im accordance with the plans submitted and for maximum lot coverage to be 51.3% instead of 40% as required by maximum lot coverage provisions and instead of 34.5% as required by the Steep Slopes Ordinance; and does grant the following "c" variances: for side yard setback contiguous to a residential zone of 50 feet instead of 75 feat as required; parking for 96 spaces instead of 122 spaces; side yard buffer 48.40 feet and rear yard buffer 73.82 feet to a residential district instead of 75 feet as required; permitting parking in the front yard of the hotel where it is not permitted and permitting entrance and exit setbacks for the driveway distance to be 25 feet instead of 50 feet as required and for a free standing sign advertising the Hotel to be in accordance with signage requirements of the existing ordinance and grants minor sub-division approval so aa to create 2 lots, one for the restaurant and banquet facility known as The Manor and the other for the operation of the hotel to be known as "Residence Inn by Marriott at The Manor"; and for preliminary and final amended site plan approval in order to permit the Applicant to construct a single building 122 bed hotel on property adjacent to the Manor Restaurant & Catering Facility at 111 Prospect Avenue, West Orange, New Jersey in accordance with the plans submitted; and subject to the conditions stated below being satisfied; and 13

From: R RESOLVED, that the grant of said variances upon the Applicant's full and complete llowing conditions: ditch shall be cleaned out twice per year in sbris so that it will be kept clear at all ed parking agreement between the Hotel and hall be prepared and submitted to the Board ad hereto as Exhibit "A", i reports as implemented by 0. Michael Betry Applicant, are subject to approval of the of the Township of West orange, which 7 approved report dated June 8, 1998 prepared gineers, entitled "Revised Drainage Report, ict Avenue, West Orange, New Jersey, 07052”. iding sign for the Hotel shall be similar to Restaurant. shall be allowed in the fire zone and/or t shall pay a development fee of 1% of the ne of the project as determined by the Tax lock wall with a gate shall be provided to wnce along the entire westerly portion of Lot on board wood fence and shall have suitable 14 10/10/2012 00:53 iby the Township along the entire ig so as not to e to be to the le property shall ibbish and trash. iall be installed the top of the 1all remain in its i shall be used as more than 30 days circumstances. ox use of persons Hotel facility so varking areas. the pavement and ted. However, if ‘isfaction of the congtructed of 4" ong the perimeter. tydrants within 700 #437 P 021/050

From: 10/10/2012 06:53 #437 P.022/050 16. The approvals granted herein are subject to the approval of the West Orange Fire Department. 17. All Findings of Fact and Conclusions of Law set forth herein are deemed conditions that are binding on the Applicant. 18. As built drawings must be submitted to the Engineering Department for their approval. 19. A tree cutting permit must be obtained by Applicant. 20.. Applicant must obtain approvals from New Jersey Department of Enviromental Protection, Soil Conservation Service, and the Essex County Planning Board and submit evidence thexeot to the Township Pianner. 21. Applicant shall contribute to its fair share of off tract sewer improvements as established by Ordinance No. 1328-95 for the South Mountain Relief Sewer in the amount of $862.50 per bedrom and the Vitro Pump Station in the amount of $112.50 per bedroom. 22. Complete compliance with the applicable conditions of the prior resolutions of approval of the Planning Board dated October 9, 1996 and December 1, 1993 including but not limited to: A. The Applicant shall require that all construction equipment must enter and leave by way of Prospect Avenue, except for the construction of the sanitary sewer connection. B. The Applicant shall install low water use fixture throughout the ‘Hotel" as well as upgrade the plumbing fixtures throughout the "Manor Restaurant" to low water use fixtures where necessary, subject to the approval of the Municipal Engineer. c. The Applicant shall remove from the ganitary sewer 16

From: 10/10/2012 00:54 #437 P.023/050 system any extraneous flow, such as cooling water, for the refrigerating equipment. D. The Applicant shall install grease traps and grit chambers for all kitchen facilities at the "Manor Restaurant” and the "Hotel". E. The final design of the site grading and drainage swale at the rear of the “Hotei" site, adjacent to the Deerfield Road residences, shall be subject to the approval of the Municipal Engineer. F. The Applicant shall consolidate by deed all lots, so there will be one lot for the "Manor Restaurant" and one lot for the "Hotel". : 23. The Applicant shall execute, prior to the issuance of a Certificate of Occupancy, an’ Affidavit of Compliance certifying they have fulfilled all conditions set forth herein, which shall be te the satisfaction of the Township Planner, Engineering Department, and Building Department of the Township of West Orange, who shall be furnished with a copy of this resolution. No Certificate of Occupancy shall be issued until receipt of an executed Affidavit of Compliance approved and signed by the Zoning Official. - 17

From: 10/10/2012 00:54 #437 P.024/050 MOVED. BY: Alice Weiss SECONDED BY: Zal Velez THOSE IN FAVOR: Gunning, Velez, Weiss, Williamson, Abeles THOSE OPPOSED: 0 ' ABSTENTIONS: Qo 4 I hereby certify that the foregoing Resolution was adopted by the Zoning Board of Adjustment of the Township of West Orange at its meeting of June 18, 1998 and that said Resolution memorializes the action of the Zoning Board taken at its meeting held on May 14, 1998, granting said application by a vote of 6 in favor and 0 against. Cth ux fort CATHERINE ADSITT, Board Secretary 18

From: 10/10/2012 00:55 #437 P.027/050 BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WEST ORANGE RESOLUTION ZB-99-10 WHEREAS, the Zoning Beard of Adustment of the Township of West Orange ("The Board") at a regular meeting held on July 15, 1999 considered an application submitted by Bow & Arrow Manor, Inc. lecated 111 Prospect Avenue, West Orange, New Jersey, 07052 to extend the time period for a previously granted site plan approval and various variances granted by the Board by resolution adopted June 18, 1998 granting a "D" variance for the building of a hotel, and for various "C" variances required in connection therewith, for premises on Prospect Avenue, West Orange, New Jersey being Lots 15.03 and 17.01 in Block 151, lecated in Zone B-2 and at which time site plan approval was also granted; 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 the notice of the hearing upon all property owners within two hundred feet of the property; and WHEREAS, the Board considered the presentation of Robert C. Williams, Esq., attorney for the Applicant to support the application for the extention; and

From: 10/10/2012 00:55 #437 P.028/050 WHEREAS, Robert C. Williams, Esq., explained to the Board that there was a delay initially because the Essex County Planning Board did not grant their approval until August, 1998; and that in connection with the application for the mortgage loan from the lender revisions had to be made in the plans which they are in the process of now doing; and the lender must be satisfied that there is sufficient time to complete the project; and it appears that final construction drawings will not be completed until the fall of 1989; and generally good cause was presented for extending the time to obtain the building permit to August 11, 2000 and for the completion of the building to August 11, 2002. It was indicated that construction will be started in the Spring of 2000; and WHEREAS, the report of Susan Borg, Township Planner, and her comments were considered; and WHEREAS, various members of the Board questioned the Applicant’s attorney; and WHEREAS, no one else appeared on behalf of or in opposition to the application; and WHEREAS, all the facts and data contained in the application submitted and all the facts and testimony adduced at the hearing, are incorporated herein as Findings of Fact of the Board ss if set out at length herein; and THE BOARD HAVING MADE THE FOLLOWING SPECIFIC FINDINGS OF FACT AND CONCLUSIONS: A. Applicant is the owner of premises 111 Prospect Avenue, West Orange, New Jersey, being Lots 15,03 and 17.01 in Block 151 as