Prior Resolutions of Approval submission

RESOLUTION ZONING BOARD OF ADJUSTMENT TOWNSHIP OF WEST ORANGE SETON HALL PREPARATORY SCHOOL RESOLUTION: ZB-16-05 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, also known as Block 82.01 Lot 1 on the Tax Map of the Township of West Orange and located in the R-1 zone filed an application with the Zoning Board of Adjustment of the Township of West Orange (the “Board”) for amended site plan approval, with a D variance for an expansion of a conditional non-conforming use and a “C” variance for number of required parking spaces, and for site revisions and the addition of two free standing signs all being amendments to the initial approval dated December 16, 2010, as amended by Resolution 2B-08-37 dated January 17, 2013, as further amended by Resolution ZB-15-03 dated April 16, 2015, all for the construction of a high school athletic facility; 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 Application was heard at public meetings of the Board held on June 16, 2016 and July 21, 2016; and WHEREAS, the Applicant was represented by attorney Robert C. Williams, Esq.; and WHEREAS, the applicant presented the testimony of Charles J. Stewart, P.E., a licensed professional engineer in the State of New Jersey, who was recognized as such, Mr. Stewart testified that the plans have been amended to upgrade the football field from grass to artificial turf, to replace the existing scoreboard, to revise the location of proposed batting cages and the shot-put area, to add retaining walls and walks, to add bleachers and walkways to the varsity baseball field area, to add utility poles to revise the proposed concrete walk and wall layout, to add walkways by the tennis courts, to revise the sewer, water and electric utility layout, to replace the proposed rain garden with a manufactured treatment device, to add a type “A” inlet and HDPE pipe to discharge into detention basin P-200 and to replace the proposed curb island with a painted island, and further explained that these site changes were desired by the Applicant as construction of the already approved improvements was ongoing and as dictated by field conditions; and

WHEREAS, it appears that several of the requested changes were already completed before approval of the amended site plan was sought, to wit, the sidewalk that ties to the stairs, 400 feet of walkway to and from the tennis courts, the concrete slab for the new bleachers, the relocation of a sanitary sewer line, the addition of a sidewalk to the island curb, a sidewalk to spectator area which is 35-40 feet long and 6 feet wide, partial construction of a walkway to baseball field area, the relocation of the batting cages to be closer to tennis courts, and the addition of a new 4-5 foot high wall, 245 feet in length and the relocation of the shot put area; and WHEREAS, the Applicant offered the testimony of Carl P O’Brien, P.E., a licensed professional engineer in the State of New Jersey, who was recognized by the Board as such, Mr. O’Brien testified as to the changes to the football field from grass to artificial turf as well as the installation of the new track, and the specifications for the new scoreboard; and WHEREAS, the applicant presented the testimony of John D. Sadlon, a licensed landscape architect in the State of New Jersey, who was recognized by the Board as such, Mr. Sadlon testified about the requested changes to the previously approved landscape plan, and the necessity and reasons for same; and

WHEREAS, the applicant presented the testimony of Donald R. Fiore, RA, a licensed professional architect in the State of New Jersey, who was recognized by the Board as such, Mr. Fiore testified about the requested additional bleachers for the football and baseball field and the addition of two toilets at the concession stand; and WHEREAS, the Applicant presented the testimony of Peter Steck, a licensed professional planner in the State of New Jersey who was accepted by the Board as such, Mr. Steck testified that the athletic fields of a school are an inherently beneficial use (as found by the Board in the previous applications) and that the requested changes and variances required for the expansion of the conditional non-conforming use should be judged under a Sica standard which includes the four part weighing of the public benefit and negative impacts which have been addressed by the engineer and landscape architect, and that in his opinion, the Board has sufficient evidence to conclude the that the application can be granted without substantial detriment to the public good and without substantial detriment to the West Orange Master Plan Update and Land Use Ordinance; and WHEREAS, the Applicant offered the following Exhibits:

A-1 Amended Detailed Utility and Grading Plan dated 5/6/16, revised to 5/12/16; A-2 Original Detailed Utility and Grading Plan dated 9/10/08, and revised to 7/31/14; A-3 Construction Plan for Football field and Tack, sheet 4 of 9, dated 2/12/16; A-4 Drainage Plan for Football field and Track, sheet 5 of 9 dated 2/12/16; A-5 Proposed Scoreboard Rendering and Specifications for Football field; A-6 Landscape Plan dated 4/19/16; A-7 Original Detailed Utility and Grading Plan dated 9/10/08 and revised to 7/5/16; A-8 Proposed signage; and WHEREAS, the Board considered the testimony of Eric Keller, of Bowman Consulting, West Orange Township Consulting Engineers and Mr. Keller’s reports dated June 13, 2016, June 14, 2016 and July 14, 2016; and WHEREAS, the Board considered the testimony of Paul Grygiel, West Orange Acting Planning Director and Mr. Grygiel’s report dated June 13, 2016; and WHEREAS, Public Advocate Harvey Grossman, Esq. was present during the Application; and

WHEREAS, members of the Board questioned the Applicant’s attorney and its witnesses; and WHEREAS, the following members of the public questioned the witnesses: Kevin Malanga, Ridge Road questioned the engineer about the plans and how the changes came about; Gerry Karp, Ridge Road questioned the witnesses about the scoreboard lighting and whether it would have audio capability; and Rhea Seagull, 662 Prospect Avenue, questioned the engineer about the addition of two public toilets; and Robert Rashkes, 35 Oakcrest Road, questioned the witnesses about adding sidewalks along Prospect Avenue; and WHEREAS the following persons were sworn under oath and made comments about the Application: Kevin Malanga, 57 Ridge Road, Gerry Karp, Ridge Road Lauren Svetviles, 699 Prospect Avenue, who noted his dismay that the Applicant has not been punished for its deviation from the approved plans; Mr. Robert Rashkes, 35 Oakcrest Road, who noted his concern about lack of sidewalks for public access to the site;

Sally Malanga, 57 Ridge Road, who noted concern that the Applicant made changes without approvals and frustration about lack of enforcement for applicants which deviate from plans; Marty Berman, 59 Cobane Terrace, a teacher at Seton Hall Preparatory School who urged approval; Ronnie Strell, 654 Prospect Ave. who indicated the Applicant took down trees it said it would mot. NOW THEREFORE, the Board hereby makes the following Findings of Fact and Conclusions of Law: 1. The Applicant is the owner of the property located at 700 Prospect Avenue, also known as Block 82.01 Lot 1 on the Tax Map of the Township of West Orange and located in the R-1 zone. 2.The Applicant requires amended site plan approval, with a D variance for an expansion of a conditional non-conforming use and a “C” variance for number of required parking spaces and for site revisions and the addition of two free standing signs all as amendments to the initial approval dated December 16, 2010, as amended by Resolution 2B-08-37 dated January 17, 2013, as further amended by Resolution ZB-15-03 dated April 16, 2015, all for the construction of a high school athletic facility.

- While the Board does not condone the deviations from the original approved plans, the requested changes do not have any substantial impact on the surrounding neighboring properties and the amended site plan represents an improvement to the original site plan. The Applicant has satisfied the statutory criteria for the grant of an amendment to its previously approved plans. -All of the conditions of the previous approvals contained in Resolution dated January 17, 2013 and April 16, 2015 will remain in full force and effect. - The variances can be granted without substantial detriment to the public good, the West Orange Master Plan and Update and the West Orange Zoning Ordinance, and that the purposes of the Municipal Land Use Law will be advanced by the granting of this variance application. A motion to grant the Applicant’s request for amended site plan approval, with a D variance for an expansion of a conditional non-conforming use and a “C” variance for number of required parking spaces, and for site revisions and the addition of two free standing signs to the initial approval dated December 16, 2010, as amended by Resolution ZB-08-37 dated January 17, 2013, as further amended by Resolution ZB-15-03 dated April 16, 2015, but excluding the request to change the 8

location of the batting cages and shot put area was made by Chairman Neuer and seconded by Mr. Schwarzbaum, and voted upon as follows: Buechler Nash Quentzel Schwarzbaum Steinhart Sussman Neuer Aye Aye Aye Aye Aye Aye Aye Nay Abstentions Nay A second motion was made by Mr. Neuer and seconded by Mr. Steinhart which would allow the change of placement of batting cages and the shot put area, as shown on the amended plans, and voted upon as follows: Buechler Aye Nay Abstentions

Nash Aye Quentzel Aye Schwarzbaum Aye Steinhart Nay Sussman Nay Neuer Aye 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 of law aforesaid, and upon the Laws established in the State of New Jersey, hereby grants the applicant the following variances and approvals: 1. A “D” variance for expansion of a conditional use that does not meet the conditional use standards of the ordinance variance for construction of athletic fields 2.A “C” variance for 677 parking spaces (with 372 overflow spaces) when 699 are required by the ordinance. 10