November 15, 2012

Gogan replied yes. Chairman Neuer asked to have Mr. Gogan’s report, with a revision date of 10/19/12, marked as Exhibit A-2 and to have Exhibit A-1 and Exhibit A-2 entered into evidence. Mr. Gogan stated that water flows from all of the properties on West View Road into the applicant’s rear property line and causes a problem for Mr. McCann. He said that they are proposing to redirect the water to West View Road by installing new gutters and a new drain. Chairman Neuer asked Mr, Gogan if they will be complying with Mr. Lepore’s letter; Mr. Gogan replied yes. Mr. Gogan stated that the width of the rear yard is compliant but the shortage is in the depth of the yard which requires a rear yard variance. He said that it would be a hardship for that reason. Mr. Quentzel referred to drawing C-1 of the plans and asked Mr. Gogan if the front stoop is being reduced; Mr. Gogan said that they are planning on rebuilding the front stoop. Mr. Quentzel asked if they are reducing it in size. Mr. Gogan said it will be slightly increased in size but not subject to a variance. Mr. Quentzel stated that if they are expanding the stoop then it will need a variance because the stoop will be extended closer to the curb. Mr. Grygiel asked Mr. Gogan if the roof tine will be closer to the lot line; Mr. Gogan replied no. Mr. Grygiel said that no variance will be needed then. Mr. Gogan stated that they will be using modular pavers. Chairman Neuer asked if the pavers were pervious; Mr. Gogan replied yes. Chairman Neuer asked if any members of the public had any comments. John McCann, 46 Edgewood Avenue, approached the podium and was sworn under oath. Mr. McCann stated that he bought his house in 1977 and at that time there were only five houses on the street. He said that he raised his house up to let the drainage run off and eventually he put a pipe into the storm sewer to let the water run down to the storm sewer. Mr. McCann stated that it appears there is a depression there, not a ditch, and it helps to control the storm water run-off. Mr. McCann stated that he is not opposed to this application and that the applicant is very cooperative. Ms. Weiss stated that she thinks it is an improvement and that if Mr. McCann is pleased then she approves. Chairman Neuer asked for a motion. Mr. Buechler made a motion to approve with the following conditions: the roof may be raised in

s an improvement and that if Mr. McCann is pleased then she approves. Chairman Neuer asked for a motion. Mr. Buechler made a motion to approve with the following conditions: the roof may be raised in height and will be uniform construction higher structure, the siding materials on the addition match the existing color on the house, no overnight sleeping in the basement, install emergency access steps, that Mr. Quentzel called Bilco, or a similar type emergency exit through the upper basement windows. [8]

Ms. Beirne stated that requiring the applicant to make a bigger window is not an egress; Mr. Buechler said it would just be an emergency exit and not for allowing overnight sleeping in the basement. Ms. Gabry seconded the motion to approve. The vote was as follows: Buechler: Yes Steinhart: Yes Bullock: Yes Sussman: Yes Gabry: Yes Weiss: Yes Merklinger: - Zaolino: - Quentzel: - Chairman Neuer Yes Chairman Neuer called for a recess at 9:30 pm. Chairman Neuer resumed the meeting at 9:45 pm. 3. ZB-11-14/Longo Carried from 10/18/12 Block: 88; Lot: 21; Zone: OB-2 Seeking “D” and “C” variances for converting a two family house Into a three family house EXHIBITS A-1 — Architectural drawings (AR-1) and Elevations (AR-2) dated 2/23/12 A-2 — Site plan, zoning table and existing and proposed conditions (sheet 1) and Survey (sheet 2) revision date of 4/21/12. DISCUSSION Carmine Campanile, Esq., attorney for the applicant, approached the podium. Mr. Campanile stated that his client, Vincent Longo, submitted an application to re-convert an existing two family house back to a three family house. He said that originally it was a three family house. He said that Mr. Longo will make some changes and add additional space to the third floor. Mr. Campanile detailed the existing conditions and stated that they are requesting a “D” use variance and “C” variances for lot area, side yard setback, lot coverage and parking, He said that the applicant is proposing three parking spaces with three tandem spaces behind them. Chairman Neuer asked Mr. Campanile if he recognizes that the Township does not recognize tandem parking; Mr. Campanile replied yes. [9]

Mr. Campanile stated that some of the variances are for existing conditions and the “D” use variance is for the three family house. He said that he has three witnesses testifying this evening; the owner, Nicholas Salerno the Architect and Anthony Marucci the Engineer. Mr. Buechler asked Mr, Campanile if the house is being currently used as a two or three family house and if someone is living on the third floor. Mr. Campanile stated that there is someone living on the third floor and that the applicant was violated for that on 10/27/11. Mr. Buechler asked Mr. Campanile why it took the applicant a year to get back before this Board. Mr. Campanile said that the applicant had to get a new architect and those plans were finished in February, 2012 because the owner made some changes; he said that Mr. Marucci’s plans were dated April, 2012 and submitted in May, 2012 and that a new Planner came in and did not complete his report until August of 2012. Chairman Neuer said that he always makes the same comment in this situation and said that it is much preferred to ask for permission rather than forgiveness. The Chairman said that he is having a lot of trouble understanding how his client is still collecting rent on the third floor. He said that the third floor should have been closed off. Mr. Campanile said that the applicant is in constant contact with the Township and that he still has to deal with the violation. Mr. Quentzel asked Mr. Campanile if there is proof that it was once a three family house. Mr. Campanile said yes and that the property record card was submitted with the application. Chairman Neuer said that they did not give a date when it was converted to a two family house; Mr. Campanile said that they can only go by the property record. Chairman Neuer observed that the alleged prior non-conforming use, in his opinion, has been abandoned. Mr. Campanile that this application is not bottomed on the former use. Vincent Longo approached the podium and was sworn under oath. Mr. Longo stated that he is the owner of the property and purchased it in December 2010. Mr. Campanile asked Mr. Longo if he is aware that there is still an issue to be resolved by the court regarding the house being used as a three family; Mr. Longo said he does understand that. Mr. Campanile asked Mr. Longo to comment on Ms. Borg’s report regarding her concerns with the existing

court regarding the house being used as a three family; Mr. Longo said he does understand that. Mr. Campanile asked Mr. Longo to comment on Ms. Borg’s report regarding her concerns with the existing garage. Mr, Longo s said that he had a contractor make sure it was structurally safe and he has replaced the garage door. He stated that he also re-seeded the front lawn and ‘will paint and replace the hand rail on the front stairs. Mr. Longo stated that he wants to convert the house back to a three family because he feels the third floor is wasted space and he wants to make it more livable. He said that he also wants to improve the rear staircase. Mr. Campanile asked Mr, Longo how many cars the tenants currently have. Mr. Longo said they have three cars and he will assign them their parking spots. [10]

Ms. Weiss asked Mr. Longo if the house was sold as a two or three family house when he bought the property in 2010; Mr. Longo said he did not know because it was never discussed. Ms. Weiss asked Mr. Longo if a realtor was involved in the sale of the house; Mr. Longo said that he bought it from the owner and a realtor was not involved. Ms. Weiss asked Mr. Longo if the owner was living in the house when he purchased it; Mr. Longo said he was not sure but he thinks the owner was living there part time. Ms. Weiss asked Mr. Longo if he made the deal himself; Mr. Longo replied yes. Ms. Weiss asked Mr. Longo how many families were living in the house when he purchased it; Mr. Longo said there were only people living on the first floor. Ms. Weiss asked Mr. Longo if he knew whether it was a legal two or three family house when he purchased it; Mr. Long said that it was never discussed if it was a two or three family house. Mr. Quentzel asked Mr. Longo if he had a HUD settlement when he purchased the house or if any rents were adjusted; Mr. Longo said no because there was no one living on the second or third floor. Mr. Buechler asked Mr. Longo how quickly after he purchased the house he leased out all three floors; Mr. Longo said he leased them out approximately two or three months after the purchase. Mr. Buechler asked Mr. Longo if he was taxed as a two or three family house; Mr. Longo said he did not know because his wife takes care of that. Mr. Longo stated that after he purchased the house and made repairs to it, he made an economic decision to rent all three floors. Mr. Quentzel asked Mr. Longo what type of repairs he made to make the third floor livable. Mr. Longo said that he did electrical work, made repairs to the bathroom, replaced tiles and painted. He said that he did a total renovation. Chairman Neuer asked Mr. Longo if he obtained permits when he did this work; Mr. Longo replied yes. Ms. Gabry asked Mr. Longo if he was represented by an attorney when he bought the house; Mr. Longo replied yes. Ms. Gabry asked Mr. Longo if he owned other rental properties; Mr. Longo replied yes. Ms. Gabry asked Mr. Longo if he inquired about the Township’s requirements to rent out the house; Mr. Longo said that Tom Tracy, the Townships Construction Official, told him that he could rent out the second and third floor as one apartment. Mr. Steinhart asked Mr. Longo

s to rent out the house; Mr. Longo said that Tom Tracy, the Townships Construction Official, told him that he could rent out the second and third floor as one apartment. Mr. Steinhart asked Mr. Longo if he paid cash for the house or did he finance the house; Mr. Longo said that he does not know. Mr. Steinhart asked Mr. Longo if an appraisal was done on the house; Mr. Longo said no. Mr. Steinhart said that if he did finance the house then he would have had to have had an appraisal done. Mr. Bullock stated that the house was purchased in 2010 and in 2011 be received a violation from the Township because the house was being rented improperly. Mr. Bullock told Mr. Longo that he is still in violation. Chairman Neuer told Mr. Campanile that he is having a difficult time accepting testimony from his client because Mr. Longo stated that he does not know if he has a mortgage on his property or [11]

if he paid cash. The Chairman stated that Mr. Longo invested $200,000 of his money and did not know if he could rent the third floor. Chairman Neuer opened the floor to questions from the public. There were no more questions for Mr. Longo. Mr. Campanile called his next witness. Nicholas Salerno approached the podium and was sworn under oath. Mr, Salerno detailed his educational and professional background stating he was a licensed Architect in the State of New Jersey. He said that he has testified before this Board many times. Chairman Neuer accepted his credentials as an expert witness in the field of Architecture. Mr. Salerno presented the architectural and elevation plans and stated that he prepared these plans for this application. Chairman Neuer noted that drawing AR-1 of the architectural plans and drawing AR-2 of the elevation plans, dated 2/23/12, were pre- marked as Exhibit A-1 for identification. Mr. Salerno referred to drawing AR-1 and detailed the existing first, second and third floor plans and stated that the applicant is proposing to add 376 sq. ft. to the third floor’s existing 613 sq. ft. He said that they are also proposing to widen the stairwell so that it meets code. Mr. Salerno referred to drawing AR-2 and detailed the elevations of the house. He said that the addition will only be seen in the rear of the house. Chairman Neuer asked Mr. Salerno how many staircases will serve the second and third floor; Mr. Salerno said there is one staircase on the second floor and one staircase to the third floor. He said that two forms of ingress and egress are required and the State will be requiring fire escapes for a third floor but they are not installing one. Chairman Neuer asked Mr. Salerno if there are two forms of ingress and egress on the first and second floor; Mr. Salerno replied yes and said that the third floor currently has one form of ingress and egress. Mr. Salerno stated that they are not proposing any additional height and the house currently meets the Township’s height requirement. Chairman Neuer opened the floor to questions from the public. There were no more questions for Mr. Salerno. Chairman Neuer asked Mr. Salerno if he prepared drawings AR-1 and AR-2 of the plans; Mr. Salerno replied yes. Chairman Neuer asked to have drawing AR-1 of the architectural plans and drawing AR-2 of the elevation plans, dated 2/23/12

if he prepared drawings AR-1 and AR-2 of the plans; Mr. Salerno replied yes. Chairman Neuer asked to have drawing AR-1 of the architectural plans and drawing AR-2 of the elevation plans, dated 2/23/12 entered into evidence. Mr. Campanile called his next witness. Anthony Marucci approached the podium and was sworn under oath. Mr. Marucci detailed his educational and professional background stating that he is a Professional Planner and Engineer [12]

licensed in the State of New Jersey. Mr. Marucci said that he has testified before this Board many times. Chairman Neuer asked Mr. Marucci if he prepared the plans being presented; Mr. Marucci replied yes. The Chairman recognized Mr. Marucci as an expert in the fields of Engineering and Professional Planning. Mr. Marucci presented the site plan, zoning table and existing and proposed conditions on sheet 1 and the properly survey on sheet 2 with a revision date of 4/21/12. Chairman Neuer stated that these plans were pre-marked as Exhibit A-2 for identification. Mr. Marucci detailed the existing conditions of the property. He said that they will be extending the rear of the property to allow for an additional bedroom and egress on the third floor. Mr. Marucci said that they are proposing a third parking space and that the impervious lot coverage will be increased. Mr. Marucci described the six neighboring houses stating that they are all three story and were built prior to any zoning ordinance. He described the rear of the house and said that there is plenty of room to park three more cars behind the existing parking spaces. Mr. Marucci stated that the allowable height in an OB-2 zone is not to exceed 48’ and that they are well below this. Mr. Marucci detaifed the positive and negative criteria. He said that the “D” variance is non- conforming for a two family house and that a three family is even more non-conforming. Mr. Marucci said that they are not changing any of the existing conditions even though they do not meet the current requirements. Mr. Marucci stated that at one time, according to tax records, this property was a three family house and was converted to a two family house before 2010. He said that converting it back to a three family makes sense because there is a need for rental units. Mr. Marucci stated that Mr. Longo had a conversation with the Township’s Construction Official, Tom Tracy, and he was told that he can utilize the second and third floor to make one larger apartment. Mr. Marucci said that doing that would negatively affect the neighborhood because it would attract larger families. Mr. Buechler stated that he is not willing to accept testimony regarding Mr. Tracy because that is just hearsay. Chairman Neuer told Mr. Marucci that he should not harp on what Mr. Tracy said. Mr. Marucci said that Mr. Tracy is the Construction