Planning Report 01 09 2026

Planning Report – Seton Hall Preparatory School, Health and Fitness Center January 9, 2026 700 Prospect Avenue, Township of West Orange, NJ John McDonough Associates, LLC Land Use Planning · Landscape Architecture 5 101 Gibraltar Drive, Suite 1A, Morris Plains, NJ 07950 · Phone: 973.222.6011 · Fax: 973.786.6537 Planning Justifications for ‘D-3’ and ‘D-2’ Variance Relief Land use planning operates within a legal framework. The statute recognizes that land use is not meant to be rigid and inflexible and gives zoning boards authority to grant “adjustments” if specific criteria are met. New Jersey courts have determined that schools are so vital to public welfare that the land use inherently serves the public good. The definition of “inherently beneficial” in the municipal land use law at N.J.S.A. 40:55D-4 specifically includes schools. Inherently beneficial uses are of such paramount public interest that they automatically satisfy the statutory positive criteria for use relief. Thus, the statutory test that applies to inherently beneficial uses is much more relaxed than other types of uses. The Supreme Court in Sica v. Board of Adjustment of the Township of Wall, 127 NJ 152 (1992) established a simplified 4-prong balancing test for inherently beneficial use relief, as applied below. The more rigorous elements of proof are not required as part of the analysis. The same test is established in Sica is applicable when considering “D-3” conditional use variance relief when the use in question is an inherently beneficial use, per House of Fire Christian Church v. Zoning Bd. of Adjustment of the City of Clifton, 379 N.J. Super. 526 (App. Div. 2005), 879 A.2d 121. The four prongs of the test are addressed below. 1. Identify the public interest at stake. The public interest at stake is quality education and the necessary facilities to fulfill the academic mission of the school. Athletics and fitness are critical components of SHP’s mission to foster the spiritual, intellectual, social, and physical growth of its students. The school values the role of athletics in the formation of character in young people, the understanding of fair play and sportsmanship, and the acquisition of life-long interests, friendships, and skills. Athletics develop more complete, socially responsible individuals. The locations of the proposed light poles support the safety, visibility and

isition of life-long interests, friendships, and skills. Athletics develop more complete, socially responsible individuals. The locations of the proposed light poles support the safety, visibility and functionality of the athletic field. 2. Identify the potential detrimental effects that could ensue from the grant of the variance. The proposed light pole height will have minimal if any detrimental effects. The site has been designed to flow, function, and operate safely, comfortably, and efficiently, and the addition of the proposed light poles do not alter any of these site planning objectives.