Prior Resolutions of Approval submission

requirements to provide an Environmental Impact Statement (hereinafter “EIS”), in the areas of tree counting (the counting by the Applicant of only trees having a circumference of 6 inch in diameter or greater instead of trees of diameters of 4 inches or greater), that one of the purposes of the required EIS and Tree Ordinance is to preserve the maximum number of trees as possible, and to encourage invovative design and grading for storm water management, and that the Board might be criminally liable if it approves a project that might have an impact on an endangered species or its breeding ground (pertaining to the Indiana Bat); and WHEREAS objector Kevin Malanga offered the testimony of Sally Malanga of 57 Ridge Road, Ms. Malanga testified about her finding of fill dirt after the last construction by the Applicant, about hiring Bruce Kirshner to do a tree survey, and about her correspondence with Msgr. Kelly regarding the Application; and WHEREAS objector Kevin Malanga testified that the reason for his objections to the project are due to the impact it will have on his privacy, property values and the environment as a whole, and his concern regarding the possible use of illegal fill in the last phase of construction; and WHEREAS objector Kevin Malanga offered the testimony of Brian Friedlich, P.E., a licensed professional engineer of the State of New Jersey, who was accepted by the Board as such, Mr. Friedlich testified that a better idea for the project would be for an underground facility for storm water management, possibly -11-

under the proposed parking lot, which would eliminate the need to take down 133 trees and would reduce or eliminate need for a detention basin and that in his opinion the Applicant did not properly calculate its points system to evaluate the project's utilization of nonstructural methods of storm water management and that in order to cure same a permanent conservation easement of the northern portion of the Subject Property would be required; and WHEREAS objector Kevin Malanga offered the testimony of John Linson, an approved forester and New Jersey certified tree expert, and West Orange Township Forester who was recognized by the Board as a certified forester, he testified that there were many old trees on the Subject Property but there was no “old growth forest” on the Subject Property, that the four largest trees on Subject Property should be preserved and that the Applicant’s Tree Removal Application was complete and qualified for disposition by the Zoning Board; and WHEREAS objector Kevin Malanga offered the testimony of Carl Popolizo, a representative of the United States Department of Fish and Wildlife Service to discuss the Indiana Bat, Mr. Popolizo, testified that he did not write the Fish and Wildlife Service letter but there has been a determination by his office that project activities may proceed as long as trees are not taken down from April 1 to September 30, and that his office recommends that a bat survey be conducted by a Certified Indiana Bat Surveyor to determine if the species is present on the Subject Property; and -12-

WHEREAS objector Kevin Malanga offered the testimony of Steven Lydon, a licensed professional planner, who was recognized by Board as such, Mr. Lydon testified that the proposed use of the Subject Property is not an inherently beneficial use, as the Applicant can deliver its mission without the proposed improvements, and that the Applicant has therefore not established the positive criteria as most of the proposed improvements will not provide a direct public benefit and they serve no public need; and WHEREAS Objector Kevin Malanga offered the testimony of Joseph Fagan, a former resident of West Orange and self- described expert in West Orange history, who authors a historical column in the West Orange Chronicle and has collected postcards and other West Orange artifacts, who although not a historian by training, the Board accepted his testimony for his expertise in West Orange history, but not as a _ historical expert, Mr. Fagan testified about maps he attempted to introduce, photographs that he took of remnants of the greenhouses and gates on the Subject Property, and attempted to introduce evidence given to him by a prior resident of the caretaker’s cottage on the Subject Property, whom he visited and interviewed out of state, which the Board rejected on hearsay grounds; and WHEREAS objector Kevin Malanga offered the testimony of Kathleen P. Galop, an attorney with a background in historical preservation, and principal of the firm Preservation Possibilities, she testified about the remains of some Olmsted ~13-

installed plantings on the Subject Property and opined that the property may be eligible for historic designation because it contains the designs of a master in the field, namely the Olmsted Brothers landscape architects; and WHEREAS Objector Kevin Malanga offered Exhibits marked M-1 through M-81, the following of which were admitted into evidence by the Board: M-4 aerial photograph from Greene report M-5 photographs A-E of site taken by K. Malanga 3/25/07 M-6 Set of approved plans from 1999 application before planning board M-7 Letter from New Jersey Dept. of Environmental Protection regarding “Report of forested plot owned by Seton Hall Prep School, West Orange, NU” M-9 Cairone site improvement plan January 26, 2009 M-16 Amy Greene site plan M-17 Linson Memo November 5, 2009 M-18 Linson Memo October 28, 2009 M-30 letter from Kevin Malanga to Leonard Lepore, April 9, 2001 M-31, M-42 (same document) Letter from Lepore to John Murray (accepted for sole purpose of the Board’s consideration in connection with a request for a condition of special construction monitoring) M-34 Chart, NUJDEP Nonstructural Strategies Points System (NSPA) M-35 Stormater Management Rule FAQ’S M-36 report of Steve Lydon -14-

M-37 letter from U.S. Fish & Wildlife Service to Philip Neuer, received November 30, 2009 M-38 letter from Herb Waldman to Zoning Board dated December 18, 2008 with exhibits M-40 Summons to Seton Hall Prep School, West Orange Municipal Court, March 20, 2007 (for sole purpose of the board’s consideration in connection with a request for a condition of special construction monitoring) M-41 Letter from Leonard Lepore, to Msg. Kelly, December 8, 2006 M-43 NJDEP report re violations on Seton Hall site M-44 letter from Herb Waldman to Alice Beirne, March 5, 2010, re: cross examination M-45 letter from Alice Beirne to Herb Waldman, March 26, 2010 response re cross-examination M-46 current conditions map depicting old growth trees and historic remains M-47 A-G documents pertaining to 1988-89 potential rezoning M-48 photo of door frame M-49 photo of panels, identified by Philip Hayden as probably from greenhouse M-50 Fagan Report M-57 photo of Turkey Gage; present-day M-60 photo of remains of Pelican Gate M-61 photo of destroyed Pelican Gate M-63 current photo of interior of greenhouse M-64 current photo of greenhouse with yews before destruction M-65 current photo of iron fence M-66 current photo of item found partially buried on site -15-

M-71 blow up of existing conditions depicted in M-46 M-72 current photo of greenhouse M-73 current photo of greenhouse M-74 current close-up photo of greenhouse M-79 current photo showing uprooted yew M-83 tree removal citation WHEREAS objector Gerald Carp, Esq., an adjoining property owner represented himself pro se, and eventually his wife, as well, and WHEREAS Mr. Carp cross-examined witnesses and offered the following Exhibits: c-1 page 5 of Mr. Stewart’s 4/18/07 plan, colored by Mr. Carp. Cc-2 sheet 1 of 1 c-4 11 photographs Cc-5 Asphalt Millings Guidance Document WHEREAS the following members of the public posed questions to the various witnesses: Lawrence Svetvilas 699 Prospect Avenue’ Victoria Owens, 6 Korwel Court Rhea Seagull 662 Prospect Avenue Christian Lopez , 61 Woodland Avenue, Maywood, NJ Ellen Carp, 63 Ridge Road Elaine Lehmert, 666 Prospect Avenue ' Address is in West Orange, unless otherwise noted. ~16-

Catherine Nadie, 448 McCoy Road, Franklin Lakes, Nd Sally Malanga, 57 Ridge Road Barry Schusterman, 21 Benvenue Avenue Ronni Strell, 354 Prospect Avenue Robert Alvarez Northfield Avenue Joseph Arambulo Northfield Avenue Sydell Demaio 25 Kenz Terrace Mike Sheppard, 28 Kaiser Lane Taylor Lanzet 20 Cannon Street Alyza Go 5 Normandie Terrace Gerald Gurland, 294 Arnaeo Terrace WHEREAS, Gerald Gurland and Brian Fenney of the West Orange Preservation Commission petitioned the Board for either a referral of the matter to the West Orange Preservation Commission or time for the opportunity for the West Orange Historical Preservation Commission to undertake analysis of the Application, said request was denied by the Board as not statutorily required and untimely and cumulative, but advised the Board members that comment would be received from individual Historic Preservation Board Members during the public comment portion of the Application; and WHEREAS, during the course of the hearings, numerous e- mails and letters were received by the Board secretary from members of the public both from West Orange and other places making comment on the Application, all such letters and e-mails were placed in the Board’s file but were not read or considered by Board members; and -17-

WHEREAS the following members of the Public made a statement regarding the Application: Loren Svetvilas, 699 Prospect Avenue, who spoke about student safety, and who offered Exhibits LS-1 through LS-5, which were photographs of students walking along Prospect Avenue and also expressed concerns about loss of trees and use of asphalt millings; Nirva Singh, 230 Crescent Lane, Cliffside Park, NJ, who was a designated spokesperson for a group of Bergen County Community College students following the hearings, who testified that her group has generalized environmental concerns about the project; and Joseph P. Brennan, Jr., 13 Harvard Terrace, who stated that Seton Hall is a wonderful neighbor; Paul Tractenberg, 11 Tuft Lane, who testified he was involved in the drafting of the tree removal ordinance and that he would like the spirit and intent of that ordinance to be followed in this application; Thomas R. Farley, 67 Ridge Road, who stated that he is a member of the Board of Trustees of Seton Hall Prep, anda contiguous property owner, and he supports the application; Danielle Blake, 45 Lennox Terrace, a West Orange High School Student; Austin Glover , 17 Winding Way, and member of the Prep community who support the building of additional fields for the Prep; -18-

Terry Cunningham, 44 Maple Avenue who spoke in support of the Application because it would free up more township baseball diamonds in town if Seton Hall didn’t have to use township ball fields; Daniel Yennion, 6 Essex Street, Bellville, New Jersey, who was granted permission to speak on behalf of the Sierra Club; James Quinn, 15 Koewing Place, who spoke in support of the Application; Jerome Eben, 26 Walker Road, who indicated he thought the objector’s engineer had a better plan and that he Board lacked enforcement authority; and Peter J. Degnan, 26 Benvenue Avenue, who spoke in favor of the Application; and Robert Alvarez, 293 Northfield Avenue, which is situated just east of the property at the bottom of a steep ridge, Mr. Alvarez presented RA-1, RA-2 and RA-3 which were photographs of runoff from the Subject Property, and advised the Board of lacrosse balls coming over the fence and down onto his property and into his yard from above, which presented a danger to anyone in his yard; and Paul Ianiro, 5 Mountain Drive, who spoke in favor of the Application; and Taylor Lanzet, 20 Cannon Street, Judith Caden, 21 Glen Road, spoke about the importance of recognizing General McClellan; Joyce Ridin, 38 Woodland who stated she did not believe the Tree Ordinance was being adhered to; -19-

Narisa Svetvilas, who was concerned about public safety and traffic and pedestrians near the Subject Property and introduced photographs she took as Exhibits NS-1 through NS-5, depicting pedestrian traffic patters; Sally Malanga, 57 Ridge Road, who spoke about preserving the historical remains; Elaine Lehmert, 666 Prospect Avenue who doesn’t think the fences on prospect will have an impact; and Ronnie Strell, 654 Prospect Avenue, who spoke of her basement flooding and the raised height of the existing soccer field; and Rhea Seagull 662 Prospect Avenue, who was worried about drainage onto her property; and Nancy Warshowsky, 4 Dogwood Road, who testified that she has been a resident since 1987, and highlighted the importance of trees in our world; and Terry Schwartz, 36 Colony Drive East, who has lived here since the 1960’s and has experienced the parking conditions at the Seton Hall Northfield Avenue campus; and Warren Maspeizer, 30 Edgemont Road, a resident since 1966; and Gerald Carp, Esq. 63 Ridge Road, who requested a permanent buffer between fields and his property and stated his preference regarding the location of the cross-country track; and -20-