November 21, 2013

8 Township. He said that the ramp is not a detriment and that you cannot put the ramp at any other location. Mr. Vena said that the house is too narrow and that is why they need the variance. He said that he is very concerned about the comments from the neighbors but Ms. Adams is the only property owner that would have any effect from the ramp. Mr. Vena said that this is the same as a family living in the house that has many cars that have to be maneuvered at times. Mr. Vena said he is asking the Board to approve this application with conditions such as widening the driveway, put in pathways and putting up a fence. He said that the ramp is required by the State of New Jersey and that it is for safety. Mr. Vena said that the applicant did not know he needed a permit to build the ramp. He said that he hired an architect and a builder that did not advise him and that once he found out that he needed a permit, he came right to Town Hall to get it. Mr. Vena asked the Board to just consider if the applicant is entitled to the variance. Vice Chairman Buechler called for a recess at 9:35 pm. Vice Chairman Buechler resumed the meeting at 9:43 pm. Vice Chairman Buechler opened the meeting for deliberation. He stated that it is always better to ask for permission rather than forgiveness, as Mr. Neuer always says. Vice Chairman Buechler asked Mr. Grygiel, in his opinion, what the Board should focus and base their opinion on regarding this application. Mr. Grygiel said that the application before the Board is for a side yard variance, the plans focus only on the ramp and that the Board should focus only on the ramp and the testimony regarding it. He said that the applicant must prove the positive criteria and that the Board needs to be convinced. Mr. Grygiel said that the negative criteria must also be met. He said that all the discussion regarding the driveway and parking issues are not part of the application today and that is not what is before this Board. Vice Chairman Buechler asked Mr. Grygiel if the applicant must prove the negative criteria because they have a Certificate of Occupancy that was issued by the Township. Mr. Grygiel said that every variance needs to address the negative and positive criteria. Mr. Quentzel asked Mr. Grygiel if it would be permissible to have the applicant install a sidewalk; Mr. Grygiel said that he would recommend that the Board see

ress the negative and positive criteria. Mr. Quentzel asked Mr. Grygiel if it would be permissible to have the applicant install a sidewalk; Mr. Grygiel said that he would recommend that the Board see what they are proposing. Vice Chairman Buechler said that the Board could make it a condition. Mr. Grygiel said that he disagrees because this application is limited to a side yard variance for a ramp. He said that sick people are living in the home and the ramp is for getting them in and out of the house. He said that the Board should not turn a blind eye to the reason for the ramp. Mr. Grygiel also said that he is not saying that they should not take the other things into account; he said that all he is saying is that this is not the issue before this Board. Vice Chairman Buechler stated for the record that Chairwoman Gabry and Ms. Weiss will not be voting on this application.