Letter Requesting Extension of Approval athletic center 10 16 2025

CHIESA SHAHINIAN & GIANTOMASI PC 105 Eisenhower Parkway, Roseland, NJ 07068 csglaw.com MARC E. LEIBMAN Counsel mleibman@csglaw.com O 973.530.2299 F 973.325.1501 October 16, 2025 VIA FEDERAL EXPRESS AND EMAIL Ms. Diana Chandler-Zimmerman Zoning Board Secretary West Orange Zoning Board of Adjustment 66 Main Street West Orange, New Jersey 07052 Re: Extension of Approval Request Seton Hall Preparatory School Amended Preliminary and Final Site Plan Approval with Variance Relief 700 Prospect Avenue; Block 82.01, Lot 1 Dear Ms. Chandler-Zimmerman: This firm represents Seton Hall Preparatory School, the owner and applicant (the “Applicant”), with respect to their development of property located at 700 Prospect Avenue and designated as Block 82.01, Lot 1 in the Township of West Orange (the “Property”) to swap the athletic facility with the maintenance facilities and expand the size of the athletic facility (the “Project”). The Project was approved by the Township of West Orange Zoning Board of Adjustment (the “Zoning Board” or “Board”) on September 28, 2023 and memorialized by the Board through a resolution adopted on October 19, 2023 (the “Resolution”). A notice of decision of the adoption of the Resolution was published by the Zoning Board on October 26, 2023. Section 25-48.10.a. of The Land Use Regulations of the Township of West Orange (the “Land Use Code”) provides that building or construction permits must be obtained within two years and one day after the date of the granting of site plan and variance approval. The Board is permitted to extend such time period “[f]or good cause shown and upon written application”. Similarly, pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (the “MLUL”), the Project is protected against zoning changes for a period of two years after the grant of final site plan approval. The MLUL allows the Zoning Board to grant further extensions of the protection period. The Board is permitted to grant NEW JERSEY NEW YORK 4899-0215-3843.v1

Ms. Diana Chandler-Zimmerman October 16, 2025 Page 2 a total of three (3) one-year extensions. See N.J.S.A. 40:55D-52(a). As a result, the protection period is set to expire on October 27, 2025.1 Following the adoption of the Resolution, the Applicant has encountered delays in finalizing its construction drawings and obtaining all required outside agency approvals. Therefore, the Applicant respectfully requests the Board grant a one-year extension of the protection period for the Project from October 27, 2025 to October 27, 2026 in accordance with N.J.S.A. 40:55D-52(a). On behalf of the Applicant and in furtherance of this request, enclosed are the following documents: • Township of West Orange Zoning Board Resolution (Case No. ZB-22-12) memorialized October 19, 2023; and • Notice of Decision published by the Zoning Board in the West Orange Chronicle on October 26, 2023. Kindly advise as to when this matter is expected to be placed on the Zoning Board’s agenda for consideration and whether an appearance is required. Thank you for the courtesies extended in this matter. Please feel free to contact me if you have any questions or require additional information. Very truly yours, Marc E. Leibman Counsel MEL:eap 1 Section 25-48.10.c. states, “The time limits mentioned in paragraph a above, shall commence on the date of the publication of a notice of the granting of the conditional use, variance or site plan in the official newspaper of the Township of West Orange or a newspaper of general circulation in the Township . . . .” Due to the Zoning Board publishing notice on October 26, 2023, we have calculated the protection period to expire on October 27, 2025 (two years and one day following the notice of publication of the granting and memorialization of the approval). It appears a notice was published on October 5, 2023 indicating only that an approval was granted on September 28, 2023. However, as noted throughout this request, the Resolution was not adopted until October 19, 2023 and notice of such adoption was not published until October 26, 2023. 4899-0215-3843.v1

FINAL — V1 —SKW — 10.18.23 ZONING BOARD OF ADJUSTMENT TOWNSHIP OF WEST ORANGE SETON HALL PREPARATORY SCHOOL Block: 82.01 - Lot: 1 700 Prospect Avenue, West Orange Case No. ZB-22-12 RESOLUTION WHEREAS, SETON HALL PREPARATORY SCHOOL (the "Applicant" or “Seton Hall”) has applied to the Zoning Board of Adjustment of the Township of West Orange (the "Board"), for amended final site plan approval and the following variance relief, in connection with its proposal to (i) construct an addition to an existing building and (ii) change the occupancy of another building, on property located within the R-1 (Residential) Zone, identified as Lot 1 within Block 82.01 on the Official Tax Map of the Township of West Orange, more commonly known as 700 Prospect Avenue, West Orange (the "Property" or the "Site"): A variance pursuant to N.J.S.A. 40:55D-70(d)(2) (a "(d)(2) expansion of a preexisting nonconforming use variance"), to permit the expansion of the use of the athletic complex on the Property by way of the proposed addition, whereas the Applicant obtained prior approvals from the Board permitting the athletic complex use which use is not permitted in the R-1 Zone, pursuant to Section 25-7.1 of the Township of West Orange Land Use Regulations Ordinance (the "Ordinance"); and WHEREAS, public hearings, on notice, were held on such application on June 22, and September 28, 2023, at which time interested citizens were afforded an opportunity to appear and be heard; and WHEREAS, the Board, after carefully considering the evidence presented by the Applicant and the reports from consultants and reviewing agencies, has made the following factual findings and conclusions: 1. The Board reviewed the application and deemed it to be complete.

FINAL — V1 —SKW - 10.18.23 2. Board Member Eben recused himself from the proceedings upon advice from the Board's Attorney. 3. The Property consists of a single 44.5-acre lot, located on, and fronting, the east side of Prospect Avenue, north of Northfield Avenue. The lot also fronts Ridge Road to the north and east. The Property constitutes the athletic complex of the Seton Hall Preparatory School and is accordingly improved with athletic fields, tennis courts, paved parking areas, a multitude of detached outbuildings, field houses, and other associated improvements. Surrounding land uses include single- and multi-family residences, religious institutions, private clubs, and commercial, industrial, office, and open space. 4. The Applicant proposes to construct a two (2) story addition to an existing one- story building that presently functions as a maintenance and storage space (the "existing maintenance/storage building"). Following the proposed addition, this building would feature a fitness room, offices, restrooms, a machine room, and a janitor’s closet on the first floor, and a training area, office, storage rooms, restrooms, balcony, and a janitor’s closet on the second floor (the "proposed fitness center"). Additionally, the Applicant proposes to replace the functions of the existing maintenance/storage building through the conversion and use of one of the existing field houses, particularly the 6.630 square-foot field house building situated on the south side of the Property (the "southern field house") for these purposes. 5. A public or private school is a conditionally permitted use in the R-1 (single family residential) Zone, but school athletic fields are not a principal permitted use in the R-1 Zone. As such, the Applicant received use variance relief from the Board, pursuant to N.J.S.A. 40:55D- 70(d)(1), to permit the existing athletic complex use on the Property. Such relief is memorialized by way of Resolutions first adopted by the Board on December 16, 2010, and subsequently on

FINAL — V1 —SKW — 10.18.23 January 17, 2013 following a "Whispering Woods" hearing on the matter, under Application No. ZB-08-37 (the "2010 Approval"). The Applicant also received (d)(2) expansion of use variance relief from the Board under Application Nos. ZB-15-03 and ZB-16-05, respectively memorialized by way of Resolutions adopted on April 16, 2015, and August 18, 2016 (the "2016 Approval"). Because the Applicant proposes to expand the scope of the Property’s athletic complex use, the presently requested expansion of a pre-existing non-conforming use variance is governed by the criteria of N.J.S.A. 40:55D-70(d)(2). 6. The Applicant’s proposal is depicted on, and otherwise supported by the following items submitted with its application: e A preliminary and final site plan set, prepared by Charles J. Stewart, P.E., P.L.S.., of E 2 Project Management, LLC, dated October 13, 2022, last revised January 31, 2023, same consisting of eight (8) sheets; © An architectural plan set, prepared by Donald R. Fiore, R.A., of Heintz & Fiore, LLC, dated August 30, 2022 without revision, same consisting of three (3) sheets; e A boundary survey, prepared by Charles J. Stewart, P.E., P.L.S.., of E 2 Project Management, LLC, dated October 13, 2022 without revision, same consisting of one (1) sheet; e A Planning Evaluation, prepared by John McDonough, L.A., ALC.P., P.P., of John McDonough Associates, LLC, dated December 23, 2022; and © Copies of prior Resolutions of Approval pertaining to the Property, under the following Application Nos. and adopted by the Board on the following dates: i. ZB-08-37, adopted December 16, 2010; ii. ZB-08-37, adopted January 17, 2013; iii. ZB-15-03, adopted April 16, 2015; and iv. AB-16-05, adopted August 18, 2016. 7. Paul Grygiel, A.I.C.P., P.P., the Township/ Board Planner, and John J. Hess, PES P.E., C.M.E., the Board Engineer (the "Board Professionals"), were duly sworn according to law. 3

FINAL - V1 — SKW — 10.18.23 8. John P. Wyciskala, Esq., of Inglesino, Webster, Wyciskala & Taylor, LLC, having a business address of 600 Parsippany Road, Suite 204, Parsippany-Troy Hills, entered his appearance on behalf of the Applicant and provided an overview of the application, relief sought, and witnesses to be presented. 9. The Applicant offered testimony from the following witnesses who were duly sworn according to law: a. Donald R. Fiore, R.A., of Heintz & Fiore, LLC, having a business address of 508 Millburn Avenue, Short Hills; b. Charles J. Stewart, P.E., P.L.S.., of E 2 Project Management, LLC, having a business address of 87 Hibernia Avenue, Rockaway; and c. Alexander Dougherty, P.P., of John McDonough Associates, LLC, having a business address of 101 Gibraltar Drive, Suite 1A, Morris Plains. 10. Mr. Fiore, Mr. Stewart, and Mr. Dougherty provided their credentials and were accepted by the Board as experts in the fields of architecture, civil engineering, and professional planning, respectively. Testimony Offered at the June 22, 2023 Hearing 11. Mr. Fiore introduced into evidence: (i) as Exhibit A-1, a colorized rendering of the first floor of the interior of the proposed fitness center, dated June 22, 2023; and (ii) as Exhibit Ac2, a colorized rendering of the interior of the second floor of the proposed fitness center, dated June 22, 2023. 12, Mr. Fiore, in explaining the impetus behind, and general considerations of, the proposal, testified that: (i) the proposal is intended to swap the functions of the existing storage/maintenance building and southem field house on the Property; (ii) the existing storage/maintenance building was originally intended to serve as a hub for the Applicant's Property maintenance program but, currently, only a limited amount of athletic equipment is 4

FINAL — V1 —SKW — 10.18.23 stored there; (iii) the southern field house hosts the existing weight room and fitness center, though the structure is situated relatively far from the sports fields and other amenities on the Property, making it inefficient for use by Seton Hall's athletic programs; (vi) the Applicant proposes to renovate and construct an addition to the existing maintenance/storage building and use the structure as an athletic fitness and training facility, and use the southem field house for the storage of athletic and other forms of equipment; and (v) the existing maintenance/storage building is situated about 900' from Prospect Avenue, 1250' from the nearest single-family dwellings to the south, 485' from Ridge Road, 975' from the nearest single-family residences to the north, and 820! from the northern Property line. 13. Mr. Fiore, in explaining the architectural considerations behind the proposal, testified that: (i) the existing maintenance/storage building has a 2,468 square-foot footprint and the existing southern field house has a 3,139 square-foot footprint; (ii) with the proposed addition to the existing maintenance/storage building, the structure would serve as the proposed fitness center with floor area totaling 9,596 square feet and a footprint of 7,684 square feet; (iii) the first floor of the proposed fitness center would feature a fitness/weight room, offices, restrooms, a machine room, and a janitor’s closet; (iv) the second floor of the proposed fitness center would feature, a training area, office, storage rooms, restrooms, balcony, and a janitor’s closet; (v) the proposed fitness center would feature entry and exit vestibules on its north and south facades, as well as three (3) overhead, garage-style doors on its west facade; (vi) the proposed fitness center would have two (2) stairwells, each respectively protruding from the building's north and south sides; (vii) the exterior of the proposed fitness center would feature brick veneer on the outside of its proposed stairwells, as well as metal siding and a significant amount of glazing on each facade; (viii) the proposed fitness center would be 30’ tall, as measured from the top of the

FINAL — V1 — SKW - 10.18.23 proposed stairways, and 28' tall, as measured from the top of proposed rooftop parapets, while the existing maintenance/storage building is 21' tall; (ix) by way of relocating the athletic training activities occurring within the southern field house to the proposed fitness center, which is located to the interior of the Property, on-site activity would have less of an impact to surrounding properties than it has presently; and (x) after taking sound readings from six (6) different points around the Property, and considering the noise generated by current training activities occurring within the southem field house, he is confident that no on-site activity would exceed permissible decibel thresholds. 14. On questioning by members of the Board and Board Professionals, Mr. Fiore testified that: (i) the Applicant plans to install solar panels on the roof of the proposed fitness center but cannot commit to doing so until a design is put together, (ii) the Applicant does not, as of the June 22, 2023 hearing, propose to add any further landscaping to the Property; (iii) the proposed fitness center likely will not be visible from the residences located about 1250 south of that location; (iii) the proposed fitness center would have about 9,596 square feet of floor area; (iv) because of poor water pressure, the Applicant would likely be unable to efficiently install sustainable water appliances on-site; (v) the proposed fitness center would feature a flat roof with parapets that would effectively screen any roof-mounted HVAC equipment; (vi) the proposed fitness center would feature overhead doors only on its west facade; (vii) lawn maintenance equipment, if any, is stored in the existing storage/maintenance building and would be stored in the southern field house; (viii) the height of the backstop on the nearby baseball field would prevent any wanton baseballs from hitting the proposed fitness center's glazing; (ix) egress from the proposed fitness center would be provided via doors next to both proposed stairwells; (x) the second floor balcony of the proposed fitness center will likely host a variety of activities, but be

FINAL — V1 —SKW — 10.18.23 rendered safe by way of proposed perimeter railings; (xi) no showers or locker rooms would be located within the proposed fitness center and, instead, such amenities would continue to be provided within the central field house on the Property; (xii) the central field house is located approximately 175' from the existing maintenance and storage building; (xiii) the Applicant has no current plans to alter the structure of the southern field house; (xiv) no kitchen or food service space is proposed within the proposed fitness center; and (xv) the proposed fitness center's first floor men's bathroom would feature two (2) stalls and two (2) urinals, its first floor women's bathroom would feature three (3) stalls, and two (2) single-use bathrooms would be provided on the second floor. 15. On questioning by Kevin Malanga, a member of the Public, having an address of 57 Ridge Road, West Orange, Mr. Fiore testified that: (i) the proposed fitness center would feature a significant amount of glazing on the exterior of all of its sides; (ii) the Property is situated near a ridge line; (iii) he is unaware of bird migratory patterns or anti-bird strike building materials; (iv) the Applicant has no plans to use the proposed fitness center, other than the second-floor balcony as a "VIP" or party space, or to play music while the proposed overhead doors are open; (v) the proposed fitness center would not serve any classroom or band-related functions; and (vi) the Applicant is not proposing anything that would be contrary to the conditions of the 2010 and 2016 Approvals. 16. Mr. Stewart, in explaining the existing conditions on the Property, testified that: (i) the Property is surrounded by a variety of uses; (ii) the Property features practice sports fields, a main stadium athletic field with bleachers and a wrap-around track, two (2) baseball fields, and a variety of outbuildings; (ii) the Property features extensive drainage improvements, including two (2) detention ponds and about one (1) mile of drainage pipes; (iii) stormwater runoff generated

FINAL — V1 —SKW — 10.18.23 on the Property is routed to storm sewerage drains along Prospect Avenue to the west and Northfield Avenue to the east; (iv) no part of the Property is within a floodplain; (v) there exists a total of 677 parking stalls on the Property; (vi) there exists a landscaping island just west of the existing storage/maintenance building; and (vii) the Property is mostly screened by perimeter landscaping, with a larger landscape buffer being located within the north end of the lot. 17, Mr. Stewart, in explaining the proposed conditions on the Property, testified that: (i) with the proposed improvements, the Applicant would be required to, and will, supply a compliant total of 679 parking stalls, with two (2) additional stalls being added near the existing caretaker's building on the west side of the Property; (ii) utility lines running to the existing storage/maintenance building would be restricted during construction of the proposed improvements and would be reconnected to the building following construction; (iii) the footprint of the landscaping island west of the existing storage/maintenance building would be reduced by about 2' from its eastern edge, without affecting existing trees or shrubs, in order to accommodate the footprint of the proposed addition; (iv) an existing stormwater drainage line located within close proximity to the existing storage/maintenance building would be rerouted to a newly proposed inlet and tied back into other existing drainage lines; (v) one (1) tree may be disturbed during construction of the proposed improvements, but said tree would either be relocated or replanted following the end of construction; (vi) the proposal poses a compliant amount of impervious coverage, attributed to the fact that most of the proposed improvements would be constructed atop existing paved surfaces; (vii) the proposal poses an approximately 1/10" (.1) acre increase in impervious coverage, which would have a de minimus impact on existing drainage conditions; (viii) a dumpster enclosure situated to the south of the existing maintenance/storage building would be relocated to the north side of that building and same will