February 21, 2013

Mr. Bucchler said that he is not in favor of this resolution based upon his suggestions previously stated for the record. Mr. Sussman said that this is a reasonable course of action for the Board to take. He said that the applicant should not have to go through all of this work if they will not get the variance. Mr. Buechler stated that he will vote to deny the interim motion to approve the variances sought assuming the work is inspected by a Professional Engineer and was done in accordance with the construction code and is structurally sound. He said that the Zoning Board and Township did not create the applicant’s problem and that the applicant built the additions on their own without requesting building permits from the Town or seeking a variance from the Board. Mr. Buechler said that the Board should not grant preliminary approval subject to a determination if the construction was done in accordance with code and is structurally sound, He said that Board should have that information in advance of making a determination. Mr. Buechler will vote to deny the motion for preliminary approval without prejudice. Ms. Gabry agreed with Mr. Buechler and would vote to deny the motion. The vote was as follows: Buechler: No Steinhart: Yes Bullock: - Sussman: Yes Gabry: No Weiss: Yes Merklinger: - Zaolino: - Quentzel: Yes Chairman Neuer Yes Chairman Neuer advised the applicant to get this done fast and asked her to state for the record that she agrees to this; she replied yes. Chairman Neuer called for a recess at 9:18 pm. Chairman Neuer resumed the meeting at 9:25 pm. 2. ZB-12-23/Merlino Carried from 12/20/12 Block: 168.03; Lot: 19; Zone R-6 12 Rutgers Street “C” variance for rear yard setback to permit an addition to a home DISCUSSION Daniel Merlino and Rebecca Rojas, applicants, approached the podium and were sworn under oath,