Prior Resolutions of Approval submission

FINAL — V1 —SKW — 10.18.23 under the basis for same set forth in Sica. 44. As per the Sica test, the Board concurs with Mr. Dougherty's unrefuted expert opinion in finding that: (i) the public interest at stake is quality education, with fitness, athletics, and necessary facilities being critical components in providing a quality education; (ii) the proposal poses minimal detrimental impacts as, with the exception of the proposed expansion of the non- conforming athletic complex use, the Applicant does not propose any other zoning deficiencies, and the proposed fitness center's activities would be located further from nearby residences than the existing field house which currently hosts such activities; (iii) the relatively minimal detriments wrought by the proposal can be effectively mitigated by way of conditions stipulated-to by the Applicant, including the restrictions on outdoor activities and noise, continued application of conditions that were part of prior approvals pertaining to the property, and inclusion of bird strike- resistant window features; and (iv) the public interest benefits yielded by the proposed expansion of use, particularly including the benefit wrought by promoting quality education, outweigh the relatively modest detriments associated with same. 45. Thus, based upon the foregoing, the Board hereby finds that the Applicant has demonstrated an entitlement to the requested amended preliminary and final major site plan approval and (d)(2) expansion of pre-existing non-conforming use variance relief. WHEREAS, the Board took action on this application at its meeting on September 28, 2023 and this Resolution constitutes a Resolution of Memorialization of the action taken in accordance with N.J.S.A. 40:55D-10(g); NOW, THEREFORE, BE IT RESOLVED by the Zoning Board of Adjustment of the Township of West Orange, that the application of SETON HALL PREPARATORY SCHOOL, for amended final site plan approval and (d)(2) expansion of use variance relief, as aforesaid, be 17

FINAL — V1 — SKW — 10.18.23 and is hereby granted, subject to the following conditions: 103) 2) (3) (4) The Applicant shall post sufficient funds with the Township to satisfy any deficiency in the Applicant’s escrow account; The Applicant shall comply with the comments and recommendations set forth in Board Engineer Hess's, memorandum pertaining to the application, last revised August 10, 2023, to the extent not already satisfied or otherwise inapplicable; The Applicant shall comply with the comments and recommendations raised in Board/Township Planner Grygiel's review memorandum pertaining to the application, last revised August 4, 2023, to the extent not already satisfied or otherwise inapplicable; The Applicant shall comply with all conditions stipulated to during the proceedings, including, but not necessarily limited to, the following: i. All athletic training activities related to the proposed fitness center must take place indoors; ii. Additional/enhanced landscape screening shall be added to the area south of the existing field house, to the satisfaction of the Board Professionals; iii. The Applicant shall install minimal outdoor nighttime security lighting to the proposed fitness center, subject to the review and approval of the Board Professionals; iv. An occupancy of no greater than ninety-six (96) persons shall be permitted on the proposed fitness center's second-floor balcony; v. The Applicant shall abide by all conditions of the 2010 and 2016 Approvals, to the extent not modified or rendered inconsistent by the grant of relief herein; vi. No music shall be played on the second-floor balcony of the proposed fitness center; vii. Only current students and faculty of Seton Hall Preparatory School shall be permitted to use the proposed fitness center, except for the second-floor balcony which may be used by alumni and others, subject to the restriction contained in Condition 4(vi) above; viii. All proposed exterior-facing glazing of the fitness center shall be equipped with bird strike-resistant technology and features, consistent with the guidelines of the American Bird Conservatory to reduce the incidences of bird strikes with buildings and subject to the review and approval of the 18

(5) (6) (7) (8) (9) FINAL — V1 —SKW - 10.18.23 Board Professionals; ix. All interior lights within the proposed fitness center shall be turned off at night and equipped with motion sensors; and xX. The Applicant shall comply with the requirements of the New Jersey Noise Control regulations, as set forth by N.J.A.C. 7:29, and the Township of West Orange Noise Control Ordinance, as set forth in Section 4-4 of the Ordinance at all times, including when the overhead doors to the center are opened. The aforementioned approval shall be subject to all requirements, conditions, restrictions and limitations set forth in all prior governmental approvals, to the extent same are not inconsistent with the terms and conditions set forth herein; The Applicant shall comply with all Federal, State, County and Township statutes, ordinances, rules, regulations and requirements affecting development in the Township, County and State; Pursuant to Section 21-48.10, er seg., of the Ordinance, the relief granted herein shall expire within the requisite time frames imposed by the Ordinance, unless such construction or alteration permitted by the site plan approval and variance(s) has actually commenced; The Applicant, in proceeding with development of the Property, is bound by the testimony and evidence presented on their behalf during the public hearings; and These conditions shall be printed on the cover sheet of the Site Plan Drawings to be submitted for signatures by the required municipal officials. ROLL CALL VOTE: Those in Favor: Dannemiller, Ricci, Scalora, Scott, Neuer Those Opposed: - The foregoing is a true copy of a Resolution adopted by the Zoning Board of Adjustment of the Township of West Orange at its meeting of October 19, 2023. Diana Charfdler-Zimmermann, Secretary ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WEST ORANGE, COUNTY OF ESSEX, STATE OF NEW JERSEY Dated: October 19, 2023 19