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

questioning of the witnesses; and ‘WHEREAS, various residents in the area questioned the witnesses presented; including Robert Frank of 21 Deerfield Drive, West Orange, New Jersey, who complained about not getting prior notice of prior private mectings with representatives of the Applicant; Linda Ljubicich, of 29 Deerfield Drive, West Orange, New Jersey, questioned if anymore trees were to be cut down and whether there would be further landscaping installed ; and David Lawrence of 35 Deerfield Drive, West Orange, New Jersey, gave a public statement stating that he lives directly behind the proposed site and indicates that property values have dropped for him because of a number of large trees having been cut down near their property and that they would have cut down trees on their property if they did not stop the construction man doing it and that with the trees gone they will be able to see the hotel because it is on a hilltop, and therefore he opposed the increase in the hotel size; and WHEREAS, no one else appeared at the meeting, and no one else testified in favor of or in opposition 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 Facts of this Board as if set forth at length herein and made part hereof: and 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 previously by resolution of this Board,

ZB-98-07 adopted on June 18", 1998 granted approval to build a hotel to be erected adjoining it and thereafter by resolution adopted on August 19, 1999 under ZB-99-10 extended the time to complete the building of same to August 11", 2002. The Planning Board had previously granted 3 different resolutions respectively on December 1, 1993 bearing number PB-92-10 which granted site plan approval with variances for lot coverage and other related items and on October 9, 1996 adopted another resolution approving an amended site plan reducing the number of buildings originally approved; and by resolution of the Planning Board. adopted October 8", 1997 extended the approvals through September 8, 1999. The premises are known as Block 151, Lots 17,01 and 15.03 on the Tax Maps of the Township of West Orange and is in the B-2 Zone. The Applicant seeks a “D” height variance because the new plan of the hotel increased to 138 rooms from 122 will be 4 feet 4 inches higher and therefore exceeds the permitted height allowed by ordinance. The Applicant seeks 9 “C” variances occasioned because of the change in plans and because of the peculiar configurations and topography of the premises which include maximum lot coverage to be 57.4% instead of 40% as required; under steep slopes, maximum density of 97 units instead of 86.2 units as allowed and maximum lot coverage of 59.1% instead of 34.5% as allowed; restaurant set back to residential district of 55 fect on

the side instead of 125 feet; side yard set back contiguous to residential district of 55 fect instead of 75 feet as required; buffer strip on all now residential districts of 28 fect on the side and 65.05 fect in the rear instead of 75 feet in addition to the required set back as required; parking in front where parking in front is not allowed by the ordinance: driveway distance to residential area of 23 feet instead of 50 fect and a 60 degree angled parking aisle width of 16 fect instead of 18 feet as required, Suitable sidewalk and pedestrian routes for the hotel site have been provided for so the guests will not be required to walk through the parking areas to access the hotel and their safety will not be adversely effected. Applicant also seeks preliminary and final site plan approval. Applicant asks for waivers for a new environmental impact statement, a new drainage report and a new traffic report as they are not required under the circumstances. The “D” variance is minimal in nature and the additional height is insignificant under the circumstances and will not be readily observed from the highway. The various “C” variances are necessary as an adjunct of the proposed use which represents the highest and best use of the property. ‘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 and represents an improvement of the design and layout

so as to be state of the art. Due to the nature of the proposed use, the design of the site and the onsite 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. The purposes of the Municipal Land Use Law will be advanced by the grant of the “D” variance and the various “C” variances . The granting of the “D” variance and the “C” variances will not substantially impair the general purposes of the West Orange Zoning Plan, Master Plan or Zoning Ordinances of West Orange. The benefits of said variances will substantially outweigh any detriment and not substantially negatively impact on the surrounding properties and neighborhood. The proposed building and use is not out of character with the neighborhood and will enhance the property, and will considerably enhance the neighborhood and benefit the general welfare of the general public and surrounding area by a much needed hotel service. The proposed construction and use does not pose any threat to the safety and well being of anyone in the surrounding area . The granting of the application will not be a substantial detriment to the public good. A motion to grant the Applicant’s request for the “D” height

variance to increase the height of the building by 4 feet 4 inches and for the various 9 “C” variances above mentioned and to grant preliminary and final site plan approval and to waive a new environmental impact statement, a new drainage report and a new traffic report was made by Zal Velez and seconded by Anthony Vecchio and voted upon as follows: AYES NAYS ABSTENTIONS Abeles 0 0 Beuchler Gunning Rosenberg Sullivan Velez Vecchio NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Adjustment of the Township of West Orange, based upon the Findings of Fact and Conclusions aforesaid, and upon the laws established in the State of New Jersey, hereby grants Bow & Arrow Manor, Inc., the “D” variance requested for the three story hotel building to be 39 feet 4 inches ; and does grant the following “C” variances: Maximum lot coverage of 57.4% instead of 40% as required; steep slopes maximum density of 97 units instead of 86.2 units as permitted and 59.1% maximum lot coverage instead of 34.5 % as permitted; restaurant set back to residential district of 55 feet on the side instead of 125 feet required; side yard set back contiguous to residential district of 55 feet instead of 75 feet; buffer strip in all non residential districts of 28 feet on the side and 65.05 feet in the rear instead of 75 feet in addition to the required set back; parking in the front which is not allowed; driveway distance to residential area of 23 feet instead of 50 feet as required and a

60 degree angle parking aisle width of 16 feet instead of 18 feet as required; for premises at 111 Prospect Avenue, West Orange, New Jersey, being Block 151, Lot 17.01 and 15.03 on the Tax Maps of the Township of West Orange, New Jersey and in order to permit the Applicant to construct a 138 bed hotel on property adjacent to the Manor Restaurant in accordance with the plans submitted and subject to the conditions stated below being satisfied and further preliminary and final amended site plan approval is granted and the requested waivers for new environmental impact statement and new drainage report and new traffic report are hereby granted ; and BE IT FURTHER RESOLVED that the grant of said variances shall be conditioned upon the Applicant’s full and complete satisfaction of the following conditions: 1. Applicant shall meet and perform all of the conditions set forth in the resolution ZB-99-10 adopted by the Board of Adjustment on August 19, 1999 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. Cc. All plans and reports as implemented by J. Michael Petry and 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. No parking shall be allowed in the fire zone and/or emergency drive areas. The Applicant shall pay a development fee of 1% of the equalized assessed value of the project as determined by the Tax Assessor. A concrete block wall with a gate shall be provided to enclose the dumpster. 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. 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. All rubbish and trash in the rear of the property shall be removed and shall be maintained free of any 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. ‘The berm constructed behind The Manor shall remain in its present form. 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. A shuttle service will be provided for use of persons going from The 10

Manor Restaurant facility to the Hotel facility so as not to subject them to have to walk through parking areas. 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. No building is permitted without fire hydrants within 700 feet of the proposed structure. The approvals granted herein are subject to the approval of the West Orange Fire Department. As built drawings must be submitted to the Engineering Department for their approval. A tree cutting permit must be obtained by Applicant. Applicant must obtain approvals from New Jersey Department of Environmental Protection, Soil Conservation Service, and the Essex County Planning Board and submit evidence thercof to the Township Planner. 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 bedroom and the Vitro Pump Station in the amount of $112.50 per bedroom. ll

U. Complete compliance with the applicable conditions of the prior resolutions of approval of the Planning Board dated October 9, 1996, October 8, 1997 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 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 Engincer. 3. ‘The Applicant shall remove from the sanitary sewer system any extraneous flow, such as cooling water, for ihe reftigerating equipment. 4. The Applicant shall install grease traps and grit chambers for al! 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 Engincer. 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”. 2. ‘The drainage report shall analyze the detention requirements using the most conservative design as done in the previous reports submitted. ‘This shall then be submitted to 12

the Township Engineer for approval. 3. N.J.DEP Rainfall Intensity Curve should be used to calculate runoff values and submitted to the Township Engineer for approval. 4. The final grading and drainage swale along the rear of the property shall be subject to the approval of the Municipal Engineer. 5. The swale along the rear of this property should be inspected to determine if improvements are needed after Hurricane Floyd and report made to the Township Engineer and to meet their satisfaction. 6. Accessibility to the dumpster relocated to the western portion of Lot 15.03 shall be such as not to interfere with the adjoining residential homes. 7. A report shall be submitted to the Engineering Department concerning the light fixtures and any modifications thereof so that the Engineering Department shall approve the same. 8. The configuration of the hotel over flow parking lot leaves a parking island that can accommodate considerable landscaping. The landscaping proposed is insufficient and a new plan shail be submitted which shall include sodding and an increase of the landscaping to the satisfaction of the Township Planner. 9. Any trees that were inadvertently and erroneously removed in the area of the proposed location of the hotel shall be restored by Applicant by the planting of appropriate trees to the satisfaction of the Township Planner and Township Forester and for which a tree permit shall be obtained. 10. A representative of the Applicant will meet with any Deerfield Drive resident 13