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