October 17, 2013

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