Town CrierWest Orange, New Jersey
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Supporting Documentation · May 28, 2026

Prior Resolutions of Approval submission

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Page 43

construction of both the school building and gymnasium) is in furtherance of the welfare of the community.” Id. at 4. 13. Under the New Jersey Administrative Code section 7:7A- 4.3(b) (5), because the Board has found that nothing on the Subject Property is listed on or eligible for listing on the National or New Jersey Register of Historic Places, that granting the variances sought would not be violative of the New Jersey Administrative Code. Seton Hall has clearly addressed the historic significance of the Subject Property. 14. To the extent that on appeal an issue is raised with the Board’s decision to not permit the West Orange Historic Preservation Commission to participate in the application, Chairman Neuer previously noted on the record during the hearing this application has received widespread notice and coverage in the local press, online at various websites in addition to the required notices. The Historic Preservation Commission waited until approximately mid-2010 to even approach the Board, which was too late given how much time had gone by and how far this application has progressed. Further, N.J.S.A. 40:55D-110 and 55D-111 do not instruct or require otherwise, although it is very questionable whether either of these statutes are applicable to this matter. It is clear under section 110 that a simple failure to refer to a matter to the Historic Preservation Commission will not void the Board’s approval. The legislative language does not sanction a wholesale ignoring of historic issues in reviewing an application, which was clearly not done in this case. Seton Hall and certain objectors presented -43-

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