October 17, 2013

A-2 — Photograph and Survey Package (3 photos and survey) A-3 — Photograph A-4 — Photograph A-5 — Letter dated 10/11/13 from the Department of Human Services/Division of Developmental Disabilities O-1— Photograph O-2 — Photograph 0-3 — Photograph Package (17 pages) Joseph Vena, Esq., attorney for the applicant, approached the podium and detailed the application. He stated that the application is for a handicap ramp for an existing group home. Mr, Vena said that the group home is a permitted use and that the applicant filed all the necessary materials to satisfy State requirements. He said that when the State inspected the home, they were told that because they have wheelchair residents, they must provide a secondary egress for the wheelchairs. Mr. Vena stated that there are only three residents living in the home and it meets all of the other ADA requirements. Vice Chairman Buechler noted for the record that the application stated that the property is in a B-5 zone but the property is in an R-5 zone. Mr. Vena stated that the handicap ramp replaced the existing steps in the side yard. He said that the Township ordinance, regarding yard encroachments, clearly states that steps leading to a first floor, which do not project 6’ from the home, are permitted. Mr. Vena stated that the ADA ramp replaced the steps and questioned why it would need a variance. Mr. Neuer noted for the record that the client had built the ramp without the required permits. He asked Mr. Vena how many steps had been there before they were removed by the applicant; Mr. Vena said that his client will answer that question. Shiggy Rosenberg approached the podium and was sworn under oath. Mr. Vena asked Mr. Rosenberg how many steps were there; Mr. Rosenberg said there were four steps and they were the same width as the handicap ramp. Mr. Neuer asked Mr. Rosenberg to state the length of the ramp; Mr. Rosenberg said the ramp is approximately 22 or 23 feet. Mr, Neuer said that he does not see a 23’ ramp being equal to four steps. Mr. Rosenberg said that the ramp functions as a step to the residents. He also noted that the ramp does not extend out from the house more than 4’. Mr, Neuer stated that they are expanding the non-conforming use. Mr. Vena asked the Board if this is an interpretation or is it a variance; Vice Chairman Bucchler said that the Board will listen to the testimony

ated that they are expanding the non-conforming use. Mr. Vena asked the Board if this is an interpretation or is it a variance; Vice Chairman Bucchler said that the Board will listen to the testimony first and that there is no decision yet. Mr. Vena asked Mr. Rosenberg why he purchased the property; Mr. Rosenberg said he purchased the property to open a group home. He said that he finds out what the State requirements are to open a group home and follows what is required. Mr. Rosenberg said that

when the State came to inspect the home, after they received their Certificate of Occupancy from the Township, they were told that they would need two forms of egress for the residents in wheelchairs and that is when they built the ramp. He said that when the State came back to inspect the ramp, they asked to see the Certificate of Approval from the Township for the ramp and that is when he found out they needed a permit to build it. Mr. Rosenberg said that when he went to the Township to apply for the permit, that is when the Zoning Officer told him that he needed a variance and no permits were issued. Mr. Vena asked Mr. Rosenberg to describe the residents living in the home. Mr. Rosenberg said that all of the current residents are confined to wheelchairs and that they need 24 hour total care. Mr. Vena asked Mr. Rosenberg if the staff sleeps in the home; Mr. Rosenberg said no. Vice Chairman Buechler asked Mr, Rosenberg if this was the first group home he owned that had wheelchair occupants; Mr. Rosenberg said no but it was the first group home that they built from the ground up. Vice Chairman Buechler asked Mr. Rosenberg if they could use the garage as a means of egress; Mr. Rosenberg said the State rejected using the garage as an egress. He said that the State Department of Community Affairs said they do not allow egress through the garage because the door to the garage is in the kitchen and that is not allowed. Mr. Buechler asked Mr. Rosenberg if there was any other egress from the rear of the house they could have used; Mr. Rosenberg said no. He said that the back of the house slopes and there is no back door. He said that the stairs in the rear of the house come out from the basement. Mr. Neuer asked Mr. Rosenberg what permits they applied for to get the Certificate of Occupancy from the Township. Mr. Rosenberg said they applied for electrical and plumbing permits and the inspections were done by the Township for the Certificate of Occupancy. Mr. Neuer asked Mr. Rosenberg if his testimony was that even though he knew that he had previously applied for and obtained permits when built the ramp he did not know he needed a permit to build it; Mr. Rosenberg replied yes. Mr. Neuer asked Mr. Rosenberg who decided where the ramp would go; Mr. Rosenberg said their architect decided where the ramp would go. Mr. Neuer questioned the fact that the

r. Rosenberg replied yes. Mr. Neuer asked Mr. Rosenberg who decided where the ramp would go; Mr. Rosenberg said their architect decided where the ramp would go. Mr. Neuer questioned the fact that the architect did not know that the ramp encroached the side yard and asked Mr, Rosenberg who the architect was; Mr. Rosenberg said that Christian Design is the architect firm. Mr. Bullock asked Mr. Rosenberg if his testimony is that the architect instructed them where to build the ramp but gave no instruction about getting a permit to build it; Mr. Rosenberg replied yes. Mr. Sussman asked Mr. Rosenberg what room the side door is in; Mr. Rosenberg said the side door is in a vestibule near a bathroom. 10

Mr. Quentzel asked Mr, Rosenberg if they looked at any other location for the ramp; Mr. Rosenberg replied yes. Mr. Quentzel asked Mr. Rosenberg what is at the rear of the house on the south side; Mr. Rosenberg stated it is a bedroom area. He said that the garage was a two car garage and it has been converted into a one car garage and one bedroom. Mr, Rosenberg said that there are two bedrooms in the front of the house and one in the rear. Mr. Neuer asked Mr. Rosenberg what the sizes of the bedrooms were; Mr. Rosenberg said he did not know. Mr. Neuer asked Mr. Rosenberg if they could convert the front bedroom window into a ramp; Mr. Rosenberg said no because it would not be structurally sound. Mr. Neuer asked Mr. Rosenberg who told him that it would not be structurally sound; Mr. Rosenberg said the State told him that. Mr. Sussman asked Mr. Rosenberg how many bedrooms in the house; Mr. Rosenberg replied four bedrooms. Mr. Sussman asked Mr. Rosenberg if they were anticipating a fourth resident; he teplied yes. Mr. Neuer asked Mr. Rosenberg who pays for the residents to live there, Mr. Rosenberg said that the State funds it. There were no further questions for Mr. Rosenberg from the Board or the Professionals. Mr. Neuer asked if there were any members of the public that have any questions for Mr, Rosenberg. Norman Frowley approached the podium and stated that he lived at 36 Jessica Way in South Orange, New Jersey. Mr. Foley said that his rear fence borders the property at 28 Devon Drive. Mr. Frowley asked Mr. Rosenberg if the other group homes that he owns have wheelchair residents; Mr, Rosenberg replied no. Mr. Frowley asked Mr. Rosenberg if the staff at the group home is medically trained, Mr. Rosenberg replied yes. He said that this is required by the State. Mr. Frowley asked Mr, Rosenberg if he had any documentation proving that they considered alternate places to put the ramp; Mr. Rosenberg said that they met with the State and the architect for the purpose of considering alternate locations for the ramp. He said that he will look to see if they have any documentation regarding these meetings. Mr. Frowley asked Mr. Rosenberg if the architect advised him that they needed two means of egress for the wheelchair residents; he replied no. There were no further questions from Mr. Frowley. 1

Mark Brown approached the podium and stated that he lived at 27 Devon Drive. Mr. Brown asked Mr. Rosenberg if it was explained to him that he needed to install the ramp before he opened the group home; he replied no. Mr. Brown asked Mr. Rosenberg if he installed the ramp prior to secking the variance; he replied yes. Mr. Brown asked Mr. Rosenberg if the ramp is above ground; he replied yes. Mr, Brown asked Mr. Rosenberg if the ramp is substantially above ground; he replied no. Mr. Brown asked Mr. Rosenberg if the ramp is 3’ above ground and 20’ long; he replied no. Mr. Brown asked Mr. Rosenberg if he thought the ramp was unsightly; he replied no. Demi Turner approached the podium and stated that he lived at 8 Mountain Way South. Mr. Turner asked Mr. Rosenberg if he is the owner of the home; he replied yes. Mr. Turner asked Mr. Rosenberg if he has opened a group home before; he replied yes. Mr. Rosenberg said that this is his business. Mr. Turner asked Mr. Rosenberg if he has the proper certifications to run these facilities; Mr. Rosenberg replied yes and stated that he did not proceed until the State approved this site. Mr. Turner asked Mr. Rosenberg if he did his due diligence; Mr. Rosenberg said that he did his best. Vice Chairman Buechler asked Mr. Rosenberg who built the ramp; Mr. Rosenberg said he had a contractor build the ramp. Vice Chairman Buechler asked Mr. Rosenberg if the contractor advised him that he needed a permit; he replied no. Mr. Turner asked Mr. Rosenberg how he resolved the issue when he found out that he needed a permit to build the ramp; Mr. Rosenberg said that he went to Town Hall to apply for the permits and was advised, at that time, that a variance was needed. Mr. Neuer asked Mr. Rosenberg if he is a paid employee of the company; Mr. Rosenberg replied no and said that he owns the company. Mr. Bullock asked Mr. Rosenberg if he verified that the contractor he hired to build the ramp was licensed; Mr. Rosenberg replied no and said that it was an error. Mr. Neuer asked Mr. Rosenberg if the other group home he owns has two egresses; he replied yes but said that they are not wheelchair residents. 12

Mr. Neuer asked if they can swap the patients from the other residence to this residence; he replied no. There were no further questions for Mr. Rosenberg. Mr. Vena called his next witness. Anthony Marucci approached the podium and was sworn under oath. He detailed his educational and professional background as a licensed Professional Planner and a Professional Engineer in the State of New Jersey. Mr. Buechler accepted Mr. Marucci as an expert in Professional Planning. Mr. Marucci presented the site plan and stated that he signed and sealed the plans. Mr. Buechler asked to have the site plans dated 6/3/13 marked as Exhibit A-1 as identification. Mr. Marucci referred to the site plans and detailed the site and where the ramp was built. Vice Chairman Buechler asked Mr, Marucci if the foot of the ramp is equal to the garage; he replied yes. Mr. Marucci presented three photographs of the ramp and a copy of the survey; Mr. Buechler asked to have the photography package of three photos and the survey marked as Exhibit A-2 for identification. Mr. Buechler asked Mr. Maruicci if he took the photos; he replied yes and said be took them on May 25, 2013. Mr. Buechler asked Mr. Marucci if the images were altered in any way; he replied no. Mr. Marucci detailed the photos stating that the platform of the ramp is at the same elevation the steps were and the most it could be is three feet off of the ground. Mr. Marucci said that the Township’s Zoning Official is calling the ramp a structure but he calls it a means of egress. Mr. Marucci presented a second group of photos. Mr. Buechler asked to have the first photo marked as Exhibit A-3 and the second photo marked as Exhibit A-4 for identification. Mr, Marucci detailed the photos that show hedges alongside and in front of the ramp. He said that the hedges run alongside the ramp and border the property to the north. Mr. Buechler asked Mr. Rosenberg how many times the State inspected the home; he replied twice. Mr. Marucci stated that the group home is allowed because it is a permitted use. He said the question is if the ramp is violating the side yard encroachment which requires a variance. Mr. Marucci began justifying the need for the variance and why the ramp was built in this location. He said that this is the only logical location it could be built because the rear of the 13

property slopes and a door was already at this location. Mr. Marucci said that it was determined that this was the easiest way to egress. Mr. Buechler asked Mr. Marucci if the ramp was built in the back of the house, would they have to build a concrete walkway extending to the front; he replied yes. Mr. Marucci said that the only exceptions to encroachment to a side yard are steps and fire escapes and that this ramp is basically a fire escape. He said that the residents are handicapped and they need this egress. Mr. Marucci said that the ramp does not impair the zone and there is no detriment to the public good. He said that according to the ADA law, it is critical to have handicap accessibility and that the Township should have policies in place for ADA requirements. Mr. Vena asked Mr. Marucci if the ramp is visible; Mr. Marucci referred to Exhibit A-3 and Exhibit A-4 and said that the ramp is buffered from view. Mr. Marucci presented a letter from the State Department of Human Services. Mr. Buechler asked to have the letter from the State Department of Human Services Division of Developmental Disabilities, dated 10/11/13, marked as Exhibit A-5 for identification, Mr. Marucci referred to the letter from the State advising Mr. Rosenberg that in order for the home to be licensed, a ramp is required from the exit door on the side as the home as a second means of egress for the residents that use wheelchairs. Mr. Neuer asked Mr, Rosenberg if the entity that owns the group home property is a non for profit; he replied no. Mr. Neuer asked Mr. Rosenberg if he knew the law requiring a second means of egress was in effect when he bought the property; he replied yes. Mr. Neuer stated that the applicant could have purchased a property with a second means of egress because he knew the law was in effect when he bought the property. He said that this is a self-created hardship. Vice Chairman Buechler stated that the property did have a second means of egress and that the applicant stated that he did not know that it needed a ramp. Mr. Marucci said that the applicant did not know the property needed a ramp and the Township did not require it; he said that the State required the ramp. He said that if the applicant had known he needed a ramp he would have advised him to build a concrete platform; not a ramp. There were no further questions for Mr. Marucci from the

required the ramp. He said that if the applicant had known he needed a ramp he would have advised him to build a concrete platform; not a ramp. There were no further questions for Mr. Marucci from the Board or the Professionals. Mr. Buechler asked if any members of the public had any questions for Mr. Marucci. Mark Brown approached the podium stating that he lived at 27 Devon Drive. Mr. Brown asked Mr. Marucci if Mr. Rosenberg should have asked the State what the requirements were before he purchased the property; Vice Chairman Buechler said that Mr. Rosenberg testified that the State told him after the fact. 14

Mr. Vena asked Mr. Rosenberg if he knew what kind of clients he was going to have living in the house. Mr, Rosenberg said he did not know what level of care the residents would have at that time nor did the State. He said that it was unclear until after the residents moved in that they would need a ramp as a second means of egress for them. There were no further questions and Vice Chairman Buechler declared the hearing closed. Vice Chairman Buechler asked if any members of the public had any comments. Ms. Sandra Adams approached the podium and was sworn under oath. She stated that she lives right next door at 26 Devon Drive and the shrubbery and the ramp abuts the property line. Ms. Adams stated that the original landing from the side door was not as wide as the ramp; she said the ramp is much wider than the stairs were. Ms. Adams referred to the shrubs along the property line and said that there is no room to move between them and the ramp. She said that the ramp is unsightly and it lowers her property value. Ms. Adams said that the shrubbery was thinned out when they built the ramp and construction debris was thrown on to her property. She said that snow runoff will end up in her yard because here is no place to put the snow when they have to shovel it. Ms. Adams presented photos depicting the shrubbery along the ramp on the property line. Vice Chairman Buechler asked Ms. Adams if she took the photos herself and would she testify that they are accurate; she replied yes. Mr. Buechler asked to have the photos of the shrubbery marked as Exhibit O-1 and Exhibit O-2 for identification. Vice Chairman Buechler asked Ms. Adams if the applicant was asked to plant more shrubs along the property line would she agree to that; she replied no. Mr. Bullock asked Ms. Adams if the construction debris, in her side yard, was cleaned up; she replied yes and stated that she cleaned it herself. Vice Chairman Buechler asked Mr. Rosenberg to provide Ms. Adams with his business card. Mr. Steinhart asked Ms. Adams if the Board required the applicant to build a fence along the ramp on the property line would she agree to that; she replied yes. Vice Chairman Buechler asked if any other members of the public had any comments. Norman Foley approached the podium and was sworn under oath. Mr. Foley said that ignorance of the law was no excuse and that Mr. Rosenberg should have