December 20, 2012

ariance. Vice Chairwoman Gabry opened the hearing again for the record. Mr. Buechler stated that the garage cannot be taller than 15’ according to the ordinance and they are proposing 29.5 feet. Mr. Novak stated that in every other town an accessory structure can only be 1 or 1.5 stories. Mr. Buechler asked Mr. Bocchino if he needed a certain height because of the boat; Mr. Bocchino said yes. Mr. Buechler asked Mr. Bocchino if he could bring it down to fit the boat; Mr. Novak stated that he can bring the ridge down half way and drop it from 14’ to 7’. Mr. Buechler stated that the height of the structure will be reduced by 7° and will be

approximately 22.5’ tall. He asked Ms. Beirne to have the resolution show this and instructed Mr. Novak to show it on the revised drawings. Mr. Buechler stated that his motion to approve this application is subject to the changes just stated and the application must be amended to include the additional variance. Mr. Sussman seconded the motion. The vote was as follows: Buechtler: Yes Steinhart: Yes Bullock: - Sussman: Yes Gabry: Yes Weiss: Yes Merklinger: - Zaolino: - Quentzel: Yes Chairman Neuer = - 2, ZB-12-17/Blake Carried from 11/15/12 Block: 121; Lot: 45; Zone: R-T 132 High Street “C variance for side yard setbacks for a deck DISCUSSION Natalie Blake and Keon Blake approached the podium and were sworn under oath, Mr. Blake explained why they had to come before the Zouing Board. He stated that when they purchased their home, the home inspector advised them that the existing deck was unstable and had to be replaced. Mr. Blake said that after they replaced the deck, Ms. Adams came by the house and told them that they needed a variance because it was encroaching the side yard. He said that the original deck was concrete and they replaced it with a wooden deck. Mr. Buechler asked Mr. Blake if it was a concrete slab; Mr. Blake said yes. Mr. Buechler addressed Mr. Blake asking if the deck was not there when he bought the house; Mr. Blake said yes the deck was not there. Mr. Buechler asked Mr. Blake if he applied for a building permit to build the deck; Mr. Blake said no and said that he did not know they needed a permit. Mr. Buechler asked Mr. Blake if they replaced a concrete slab with a wooden deck; Mr. Blake said yes. Mr. Buechler asked Mr. Blake if the contractor he hired to do the work told them that they needed a permit; Mr. Blake said no. Mr. Buechler asked Mr. Blake if the contractor was from Town; Mr. Blake said no, Mr. Quentzel asked Mr. Blake if the contractor was licensed; Mr. Blake said no. Mr. Buechler stated that he is concerned about the deck being safe, the footings in particular, and suggested that someone from the Township’s Building Department inspect the deck. He told Mr. Blake that he should have applied for a building permit and had the deck built correctly. Mr. Buechler said that before they approve this application someone from the Township must inspect the deck. Mr. Quentzel suggested that subject to approval the deck must

had the deck built correctly. Mr. Buechler said that before they approve this application someone from the Township must inspect the deck. Mr. Quentzel suggested that subject to approval the deck must be inspected. 8

Mr. Sussman referred to Mr. Blake’s letter that was submitted with the application and wanted clarification about the house being deemed unstable. Mr. Buechler asked Mr. Blake if an Engineer came back to inspect the house and say that it is safe. Mr. Blake said that they are currently in the process of having electrical and plumbing inspections. Ms. Weiss asked Mr. Blake if the same contractor that built the deck is building the garage; Mr. Blake said no. Ms. Weiss advised Mr. Blake to make sure the contractor is licensed before he hires him. : Mr. Buechler asked Mr. Blake if they are rebuilding the garage; Mr. Blake said yes. He said that the garage was leaning and the contractor advised him that it had to be taken down. Mr. Quentzel asked Mr. Blake if they are rebuilding the garage on the same footprint; Mr. Blake said yes. Mr. Buechler stated he did not know if the plans were drawn before or after the deck was built so the Town must inspect the deck. Vice Chairwoman Gabry asked if there were any more questions for Mr. & Mrs. Blake; seeing none. Vice Chairwoman Gabry asked if there were any members of the public present for this application; seeing none. Vice Chairwoman Gabry closed the meeting and asked for a motion. Mr. Buechler made a motion to approve the deck, subject to the Township’s Building Inspector doing a physical inspection of the deck and submitting a letter to this Board stating that the deck is structurally sound, and rebuilding the garage on the same footprint with the condition that the exterior of the garage is to match the exterior of the house. Mr. Quentzel seconded the motion to approve. The vote was as follows: Buechler: Yes Steinhart: Yes Bullock: - Sussman: Yes Gabry: Yes Weiss: Yes Merklinger: Yes Zaolino: - Quentzel: Yes Chairman Neuer -

3. ZB-12-19/Rustagi Carried from 11/15/12 Block: 167.03; Lot: 34; Zone: R-3AH Requesting two (2) “C” variances for rear set back to build a deck and height for raising an existing retaining wall DISCUSSION Saras Rustagi approached the podium and was sworn under oath. Vice Chairwoman Gabry asked Mr. Rustagi what development his property was in; Mr. Rustagi said Vizcaya. Mr. Rustagi stated that when he was having his house built the builder told him that, in order to make a deck as big as he wanted, he would have to apply for a variance because it did not meet the rear set back requirements. Mr, Rustagi said that he also wanted to utilize all of the property in his narrow back yard. He said that, because of the steep slope, there is an existing 6’ high retaining wall and another existing 6’ fence that is approximately 5° away from the retaining wall. Mr. Rustagi said that he would like to move the fence closer to the retaining wall to gain five more feet of space in the back yard and increase the height of the retaining wall to 8.6’ for safety reasons. He said that he understands that in order to raise the height of the wall another variance is required. Vice Chairwoman Gabry said that the drawing shows the fence is not on the property line. Mr. Rustagi said that the fence is closer to the house; not the property line. He said that they would just like to move this fence back farther to gain more wasted space in the yard. Mr. Grygiel confirmed that this is what the applicant is proposing. Mr. Buechler asked Mr. Rustagi if the Architect that drew the plans will be supervising the project; Mr. Rustagi replied yes. Ms. Weiss asked Mr. Rustagi if the houses on either side of his house have targe decks; Mr. Rustagi replied yes. Vice Chairwoman Gabry asked Mr. Rustagi if he submitted any detailed plans for the deck; Mr. Rustagi said no. He said all he submitted was the measurements of the deck on the plans. Ms. Weiss asked Mr. Rustagi what materials he will be using on the deck; Mr. Rustagi said they will be using Trex. Vice Chairwoman Gabry told Mr. Rustagi that they will need to see detailed plans before they approve the deck. Vice Chairwoman Gabry asked if there were any more questions for Mr. Rustagi; seeing none. 10

Vice Chairwoman Gabry asked if any members of the public were present for this application; seeing none. Vice Chairwoman Gabry closed the meeting and asked for a motion. Mr. Sussman made a motion to approve with conditions set by Mr, Buechler as follows: the applicant must submit revised plans for the deck ten (10) days before the next regular Zoning Board meeting on 1/17/13 by 1/7/13; the plans must show where the retaining wall will go and where the fence will be relocated to; the plans must be signed and sealed and Trex or similar materials to be used for the deck. Vice Chairwoman Gabry seconded the motion to approve. The vote was as follows: Buechler: Yes Steinhart: Yes Bullock: - Sussman: Yes Gabry: Yes Weiss: Yes Merklinger: Yes Zaolino: - Quenitzel: Yes Chairman Neuer - ADJOURNMENT The meeting was adjourned by Vice Chairwoman Gabry at 9:42 pm 10, 2013 January Nt (- Jays Rose DeSena Zoning Board Secretary 11