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

From: 10/16/2012 00:55 #437 P.029/050 shown on the Tax Maps of the Township of West Orange. B. The property is located in a B-2 Zone. Cc. On June 18, 1998 the Zoning Board adopted a resolution granting approvals of a "D" variance and various "C" variances in order to permit the erection of a 122 bed hotel at the site. Db. The Applicant now seeks to extend the time for obtaining the building permit and the time for completion of the building beyond the required period. E. The Applicant gave good and sufficient reasons to support their application, indicating that there was a delay in obtaining the Essex County Planning Board approval until August, 1998, that in connection with negotiations with the mortgage lender there has been a delay in design approvals and plans and final construction drawings must be revised and completed by the fall, 1999. F, The Applicant seeks an extention to obtain the building permit to August 11, 2000 and for completion of the building to August 11, 2002, it being expected that construction will start in the spring of 2000. G. It was deemed by the Board that the granting of the approval for the extention was supported by good and sufficient reasons and that the granting of the relief sought will not substantially impair the intent and purpose of the West Orange Zoning Plan, Master Plan or Zoning Ordinances of West Orange. H. The purposes of the Municipal Land Use Law will be advanced by the granting of the extention as it will assist in the completion of the development in accordance with the resolution

From: 10/10/2012 00:56 #437 P.030/050 adopted. i. The granting of the extention will not impair the general purposes of the Zoning Plan, Master Plan or Zoning Ordinances of the Township of West Orange. A motion to grant the Applicant’s request to extend the time to obtain a building permit to August 11, 2000 and to extend the time for completing the proposed construction to August 11, 2002 relating to the variances granted by the Zoning Board by resolution adopted June 18, 1998 providing for the construction of a 122 bed hotel on Prospect Avenue, West Orange, New Jersey, was made by William Sullivan, and seconded by Zal Velez and voted upon as follows: AYES NAYS ABSTENTIONS Buechler 0 ° Gunning Rosenberg Sullivan Vecchio Velez Weiss NOW, THEREFORE, be it resolved that the Zoning board of Adjustment of the Township of West Orange, based on the findings of fact and conclusions aforesaid, and upon the laws established in the State of New Jersey, hereby grants the Applicant, Bow & Arrow Manor, Inc., extention of time for obtaining a building permit to August 11, 2000 and extention of time for completing the construction involved until August 11, 2002 concerning the erection of a 122 bed hotel on Prospect Avenue, West Orange, New Jersey pursuant to a resolution adopted by the Board on June 18, 1998 4

From: 10/10/2012 00:56 #437 P.031/050 granting the Applicant the relief sought consisting of a "D" variance and various "C" variances as therein stated; and site plan approval; and BE IT FURTHER RESOLVED, that the granting of the aforementioned extention for the obtaining of the building permit and the compeletion of the construction shall be conditioned upon the Applicant’s full and complete satisfaction and completion of the following conditions: a. All conditions imposed by Zoning Board resolution adopted June 18, 1998 shall continue and remain in full force and effect hereunder as more particularly stated as follows: A. The drainage ditch shall be cleaned out twice per year in order to remove all debris so that it will be kept clear at all times. B. A joint shared parking agreement between the Hotel and The Manor Restaurant shall be prepared and submitted to the Board for approval. om All plans and reperts as implemented by J. Michael Petry the engineer for the Applicant, are subject to approval of the Engineering Department of the Township of West Orange, which department specifically approved report dated June 8, 1998 prepared by McCumsey & Petry, Engineers, entitled "Revised Drainage Report, Manor Hotel, 111 Prospect Avenue, West Orange, New Jersey, 07052". D. The free standing sign for the Hotel shall be similar to that used by The Manor Restaurant. E. No parking shall be allowed in the fire zone and/or

From: 10/10/2012 00:56 #437 P.032/050 emergency drive areas. F. The Applicant shall pay a development fee of 1% of the equalized assessed value of the project as determined by the Tax Assessor. G. A concrete block wall with a gate shall be provided to enclose the dumpster. H. The wooden fence along the entire westerly portion of Lot 17.01 shall be a board on board wood fence and shall have suitable landscaping on both sides for screening as required by the Township Planner. I. The lighting in the rear of the property along the entire back must be screened by appropriate landscaping so as not to interfere with the residential properties, same to be to the satisfaction of the Township Planner. vw. All rubbish and trash in the rear of the property shall be removed and shall be maintained free of amy rubbish and trash. The board on board fence as above referred to shall be installed between the rows of the existing Evergreens at the top of the slope. K. The berm constructed behind The Manor shall remain in its present form. L. The Hotel to be constructed and operated shall be used as a hotel only so that no person may reside therein more than 30 days in any 90 day period except under extraordinary circumstances. M. A shuttle service will be provided for use of persons going from The Manor Restaurant facility to the Hotel facility so

From: 40/10/2012 00:57 #437 P.033/050 as not to subject them to have to walk through parking areas. N. The grass pavers may be utilized for the pavement and parking areas as designated in the plans submitted. However, if the grass pavers do not function to the satisfaction of the Township, then the emergency driveway shall be constructed of 4° stabilized base, 2" surface course and curbs along the perimeter. oO. No building is permitted without fire hydrants within 700 feet of the proposed structure. PB. The approvals granted herein are subject to the approval of the West Orange Fire Department. Q. As built drawings must be submitted to the Engineering Department for their approval. R. A tree cutting permit must be obtained by Applicant. Ss. Applicant must obtain approvals from New Jersey Department of Enviromental Protection, Soil Conservation Service, and the Essex County Planning Board and submit evidence thereof to the Township Planner. T. 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. UL Complete compliance with the applicable conditions of the prior resolutions of approval of the Planning Board dated October 9, 1986 and December 1, 1993 including but not limited to: 1. The Applicant shall require that all construction equipment must enter and leave by way of Prospect Avenue, except

From: 10/10/2012 00:57 #437 P.034/050 for the construction of the sanitary sewer connection. 2. The Applicant shall install low water use fixtures 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. 3. The Applicant shall remove from the sanitary sewer system any extraneous flow, such as cooling water, for the refrigerating equipment . 4. The Applicant shall install grease traps and grit chambers for all kitchen facilities at the "Manor Restaurant” and the "Hotel". 5. The final design of the site grading.and drainage swale at the rear of the "Hotel" site, adjacent to the Deerfield Road residences, shall be subject to the approval of the Municipal Engineer. 6. The Applicant shall consolidate by deed all lots, so there will be one lot for the "Manor Restaurant" and one lot for the "Hotel". Vv. The Applicant shall execute, prior to the issuance of a Certificate of Occupancy, an Affidavit of Compliance certifying they hav fulfilled all conditiens set forth herein, which shall be to 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 Cerfificate of Occupancy shall be issued until receipt of an executed Affidavit of Compliance approved and signed by the Zoning

From: 40/10/2012 00:58 #437 P 035/050 Official. 2. All revised plans and construction plans involved must be submitted to the West Orange Engineering Department for their approval. 3. All findings of fact and conclusions of law set forth herein are deemed conditions that are binding upon the Applicant. MOVED BY: Mr. Sullivan SECONDED BY: Mr. Buechler THOSE IN FAVOR: 7 THOSE OPPOSED: a ABSTENTIONS: 0 I hereby certify that the foregoing Resolution was adopted by the West Orange Zoning Board of Adjustment at its public meeting on August 19, 1999, memorializing the resolution adopted July 15, 1999 granting the application by a vote of 7 in favor and 0 against. _ fi / vol Teel “Mer Lege “a BARBARA MURRAY, Board Sécfetary

BOARD OF ADJUSTMENT THE TOWNSHIP OF WEST ORANGE RESOLUTION ZB-00-05 WHEREAS, Bow & Arrow Manor, Inc., the (The Applicant”), 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 modify its existing site plan for the Residence Inn Hotel previously approved by the Zoning Board on June 18", 1998, in order to comply with the more modern and updated look for the year 2000 and seeking aD” height variance, preliminary and final site plan approval and 9 “C” variances. The premises being Block 151, Lot 17.01 and 15.03 in Zone B-2 and also seeks waivers of having a new environmental impact statement , a new drainage report and a new traffic report ; 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 the property owners within 200 feet of the property; and WHEREAS, the application was heard at public meeting of the Board on May 11", 2000; and WHEREAS, the Applicant made their presentation through Robert C. Williams, Esq., as their attorney , and submissions included a Title Sheet, Overall Parking Plan, Layout

Sheet , Grading and Drainage Sheet, Lighting and Landscaping Sheet , and Soil Erosion and Sediment Control Sheet all prepared and signed by McCumsey-Petry, Licensed Engineers and each dated November 15", 1997 and revised April 5, 2000; Sanitary Sewer Profile , Construction Details, on three different sheets, each prepared and signed by McCumsey-Petry, Licensed Engineers and dated respectively November 15", 1997 and revised March 3", 2000 except for the final Construction Details which is dated July 30", 1998 and revised August 25, 1998; Architectural Cover Sheet ,Ground Floor , Second Floor, Roof Plan , North and East Elevations, South and West Elevations, North and East Courtyard Elevations and South and West Courtyard, cach prepared and signed by Robert Waldron, Licensed Architect and cach dated April 7", 2000 except for the South and West Courtyard Elevations which is dated April 4", 2000; and WHEREAS, the Applicant presented evidence of three prior Planning Board Resolutions granted, the first being PB-92-10 granted by the Planning Board adopted December 1, 1993 granting approval of an Amended Site Plan and approving the minor sub division application presented; PB96-08 adopted by the Planning Board on October 9, 1996 granting approval of a Site Plan Amended as presented and PB-97-21 adopted by the Planning Board on October 8", 1997 extending the Site Plan approval sub division and variances and conditional uses previously granted by them through September 8", 1999; and WHEREAS, the Applicant presented evidence of the resolution adopted by the Board of Adjustment under ZB-98-07 on June 18", 1998 granting the Applicant approval to construct the hotel known as “Residence Inn by Marriot” which included a “D” variance for height and various “C” variances for same, and evidence of a resolution adopted by the Zoning Board under ZB-99-10 on August 19", 1999 extending the time for completing the construction

involved until August 11", 2002 for the erection of the hotel; and WHEREAS, the Applicant presented various witnesses, who included Robert Waldron, Licensed Architect, J. Michael Petry , Licensed Engineer and Professional Planner and Harry Knowles, the owner of Applicant, was sworn but did not testify; and WHEREAS, Robert Waldron described the various changes in the plans from those that had been approved indicating that the principal purpose thereof was to modernize and update the hotel so that it would be state of the art in accordance with the latest product line of the Residence Inn for the year 2000 and also to enhance the site by providing a more residential character to the hotel; and he indicated that this would increase the number of rooms to 138 from 122 and would result in a slightly higher building, 4 feet 4 inches with a reconfigured parking layout but no increase in parking; J. Michael Petry, Licensed Engineer and Professional Planner testified to the various engineering changes and pointed out the various “C” variances that were required principally because of the special configurations and conditions of the property unique to it and because of special reasons that existed as he explained ; and he testified to the 9“C” variances required and explained why and the basis for same and supplied the necessary planning reasons to support the granting of same; and testified to the positive and negative criteria to support the “D” height variance needed; and 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, various Board members questioned the witnesses ; and WHEREAS, Barry Moskowitz, the Public Advocate did not conduct any