Prior Resolutions of Approval submission

installation of a new rain garden, and an increase in the underground storage capability of the drainage under the practice field; and WHEREAS, the Applicant offered the testimony of Joseph Ciarone, licensed landscape architect, who was recognized as an expert in the field of landscape architecture, Mr. Ciarone testified that he prepared the Plan marked A-7 and same includes the changes that were highlighted by Mr. Stewart; and WHEREAS, John Linson, the Township Forester, appeared at the hearing and testified he is pleased with the new plan because it saves more trees, he also indicated that he does not want to see overcrowding of new trees so he will work with applicant to develop a species that will work best to implement the plan and that the tree permit should be granted; and WHEREAS, the Applicant offered and the Board accepted into evidence the following Exhibits: A-1 Overall Clearing and Grading Plan Revised through 5/25/10; A-2 Previously Approved Tree Removal Plan Revised through 5/24/10; A-3 Overall Clearing and Grading plan Revised through 9/23/12; A-4 Tree Removal Plan revised through September 23, 2012; A-5 Detailed Utility and Grading Plan revised through 9/23/12;

A-6 Detailed Layout Plan and Dimension plan dated 9/23/12; A-7 Landscape improvement Master Plan, Sheet 1, dated 12/5/12; and WHEREAS the Board marked the following exhibits into evidence: Board-1 Linson Letter dated December 5, 2012; Board -2 Settlement Agreement; and WHEREAS, members of the Board questioned the Applicant’s attorney and its witnesses; and WHEREAS, Mr. Malanga's attorney, Herbert Waldman was present and requested two additional conditions which were regarding notice to his client, said conditions were considered by but not accepted by the Board, and otherwise indicated his client's consent to the New Application; and WHEREAS, the West Orange Public Advocate Harvey Grossman was present for the hearing; and WHEREAS no members of the public questioned the witnesses or made public comment; and NOW THEREFORE, the Board hereby makes the following Findings of Fact and Conclusions of Law: A. The applicant is the owner of the property located off of Prospect Avenue, also known as Block 81.01, Lots 1.01, 1.04, 1,05, and 1.06 and Block 82.01, Lots 1, 7, 7.01, 7.02 and 7.05 on the Tax Map of the Township of West Orange and located in the R-1 zone.

The applicant was granted site plan and variance approval on December 16, 2010 to add additional playing fields and new structures on its property. A Lawsuit challenging the Board's grant of said approvals was filed by Kevin Malanga in the Superior Court of New Jersey, Law Division, and bearing docket No. ESX-L-1037-11, which named Seton Hall, the Board, and the Township Forester as defendants and sought to overturn the decision of the Board. In accordance with Municipal Land Use Act and the decision of the court in Whispering Woods v. Middletown Township, 220 N.d. Super. 161 (Law Div. 1987), the parties to the suit have entered into Settlement Agreement which called for the Applicant to file a New Application with the Board. The New Application requires no additional variances and represents an improvement to the original plan as it preserves additional trees by moving the Bio Retention Basin. The reasons for the grant of the original approvals are still present and the New Application should be granted with minor revisions to the conditions set forth in the original approval which are necessitated by the changes in the New Application. A motion to grant the New Application as_iet——forth above, as well as a one year extension of the approvals, granted on necro cvenrcmnin in arent een ae

December 16, 2010 to December 16, 2013, and for a grant of the “FéVised tree removal permit was made by Mr. Buechler and seconded by Chairman Neuer and voted upon as follow: Buechler Yes Bullock Yes Quentzel Yes Steinhart Yes Sussman Yes Weiss Yes Chairman Neuer Yes NOW THEREFORE BE IT RESOLVED, that the Zoning Board of Adjustment of the Township of West Orange, based upon the findings and conclusions aforesaid, and upon the Laws established in the State of New Jersey hereby reaffirms the grant of the variances in its December 16, 2010 resolution and approves the amended site plan dated September 23, 2012. 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. All conditions contained in the Resolution No. ZB-08-07 are hereby reaffirmed, unless specifically altered, modified or deleted herein. 2. The deed for merging of the lots will be prepared and £iled with the Essex County Register (with a copy of the Zoning Board) within 90 days from the date of the hearing which was December 6, 2012.

3. Condition is hereby 4. Condition is hereby ui Condition is hereby number 1 (page 48) in Resolution No. ZB-08-37 deleted. number 10 (page 49) in Resolution No. ZB-08-37 deleted. number 12 (page 49) in Resolution No. ZB-08-37 modified to reflect that a detention basin will be installed instead of a Bio-retention basin. 6. Condition is hereby Condition x is hereby number 25 (page 51) is no longer applicable and deleted. number 48 (page 55) in Resolution No. ZB-08-37 modified to reflect that the plaque may be located in any appropriate place. 8. The Applicant will comply with the recommendations of Mr. Linson in 1). his letter of December 5, 2012 (Board Exhibit 9, The Applicant will work with Mr. Linson to identify a species for the new plantings. Those in Favor: Those Opposed: Abstention: I hereby certify that the foregoing Resolution was adopted by the Zoning Board of Adjustment of the Township of West Orange at its meeting of January 17, 2013 and that said Resolution 7 - memorializes the action of the Zoning Board taken at its meeting

held on December 6, 2012 granting the application with the by a vote of 7 in favor, 0 against and 0 abstention: tijd bi). VY ~* 4 3 January 17, 2013 Rose DeSena a Board Secretary

TOWNSHIP OF WEST ORANGE AFFIDAVIT OF COMPLIANCE MUST BE SIGNED BEFORE C.O. OR C.C.O. IS ISSUED Name: Address: Zoning Board of Adjustment/ Planning Board Application # Property Address: Block: , Lot: , Zone: Date Resolution Adopted: I, the applicant do hereby certify that all the conditions of the resolution stated in the above referenced application have been met. I do understand that if any of the foregoing is false, I will be subject to penalties and/or fines as per Township and State Ordinance. Furthermore, I understand J must contact the Township Zoning Official, Geniece Gary-Adams at (973) 325-4119, to review and approve that all conditions in the resolution have been satisfied. Applicant’s Signature Date Sworn to before me. Notary Public Signature Date and Seal Ihave inspected this application and certify that all the work is in compliance with the conditions set forth in the resolution and the approved signed plans. Approved by Zoning Official: Signature (Geniece Gary-Adams) Date E:\Forms & Awards\Affidavit of Compliance.doc

RESOLUTION ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WEST ORANGE LP 0) WHEREAS, Seton Hall Preparatory School, with an address at 120 Northfield Avenue, West Orange, New Jersey 07052 (the “Applicant”), owner of the property located at 700 Prospect Avenue, Block 82.01, Lot 1 on the Tax Map of the Township of West Orange, located in the R-1 Zone, filed with the Zoning Board of Adjustment of the Township of West Orange (the “Board”) an application for an amendment to previously granted final site plan approval to change the surface of two of the approved ball fields in their approval dated December 16, 2010, as amended by Resolution ZB-O8-37 dated January 17, 2013; and WHEREAS, the Applicant presented proof that adequate notice of the hearing on the application was published in the West Orange Chronicle, one of the official newspapers of the Board; and WHEREAS, the Applicant submitted proof of notice of the hearing upon all property owners within 200 feet of the property and all others required to receive notice; and WHEREAS, the Applicant was heard at a public meeting of the Board held on March 19, 2015; and WHEREAS, the Applicant was represented by attorney Robert C. Williams, Esq,; and WHEREAS, the Applicant offered the testimony of Charles J. Stewart, , P.E., a licensed professional engineer, who was recognized by the Board as such, Mr. Stewart testified that at the request of the Applicant, the plans have been amended to upgrade the varsity baseball field and the practice field from grass to artificial turf, and that upon doing same, the Applicant has increased the size of the underground storm water detention basin under the practice field by adding two more rows of pipe in the system to catch any increased run-off that may result from the change in the surface of the fields; and 1

WHEREAS, the following exhibits were marked for identification and all were accepted as evidence except where indicated: A-1 Approved plan with highlights A-2 New plan with highlights; and ‘WHEREAS, the Board considered the comment letter from Omland Engineering, Township Consulting Engineer, dated March 13, 2015 and the testimony of Eric Keller, P.E.,; and WHEREAS, members of the Board questioned the Applicant and its witness; and WHEREAS, no member of the public asked questions or made comment to the application. NOW, THEREFORE, the Board hereby makes the following Findings of Fact and Conclusions of Law: L The Applicant is Seton Hall Preparatory School, with an address at 120 Northfield Avenue, West Orange, New Jersey 07052, is the owner of the property located at 700 Prospect Avenue, Block 82.01, Lot 1 on the Tax Map of the Township of West Orange, located in the R-1 Zone 2. The Applicant requires amended final site plan approval to upgrade two of the approved ball fields from grass to artificial turf. 3. The Board finds that the revised plans make no essential change to the overall approved site plan other than field surface, and the Applicant has upgraded the underground detention basin to accommodate any additional runoff occasioned by the change in surface. 4, All other conditions of the previous approvals contained in Resolution ZB-08-37, dated December 16, 2010, as amended by Resolution dated January 17, 2013 shall remain in full force and effect. NOW, THEREFORE, BE IT RESOLVED by the Zoning Board of Adjustment of the Township of West Orange, that the within application of Seton Hall Preparatory School for amended final site plan approval is hereby approved.

A motion to grant the Application as set forth above was made by Mr. Neuer and seconded by Mr. Quentzel and voted upon as follows: Ayes Nays Abstentions ‘Neuer Yes Quentzel Yes Schwarzbaum Yes Steinhart Yes Sussman Yes Buechler Yes I hereby certify that the foregoing Resolution was adopted by the Zoning Board of Adjustment of the Township of West Orange at its meeting of April 16, 2015 and that said Resolution memorializes the action of the Zoning Board taken at its meeting held on March 19, 2015 granting the application by a vote 6 in favor, 0 against and 0 abstentions. Moved: Mr. Neuer Seconded: Mr. Steinhart Those in Favor: 6 Those Opposed: 0 Abstention: 0 Adopted: April 16, 2015