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