May 17, 2012

Board was provided with sworn testimony from the engineer who inspected the tower and testified that State and Federal regulations will be complied with by that tower owner, Chairman Neuer stated that this applicant must make sure that such testimony and commitments from the tower owner are also part of the Auburn revised application. Ms. Weiss said that the previous application proposed 2’ and 8° dishes and not 10’ and 8” dishes like this one. Chairman Neuer said that the applicant is acting diligently and in good faith and offered a motion to approve the application for a rehearing with an amended application having to be submitted, the number of antennae not to exceed two and proper notice given as a new application. He also stated that any fees are to be submitted and subject to reviews by the Township Planner and Board Engineer. Mr. Sussman seconded. The vote was as follows: Buechler: - Steinhart: Yes Bullock: Yes Sussman: Yes Gabry: Yes Weiss: Yes Quentzel: Yes Chairman Neuer Yes Sacks: - INTERPRETATION ZB-12-09/56 Undercliff Terrace S. Carried from 4/19/12 Block: 45.20; Lot: 48; Zone: R-5 Interpretation of Chapter 25-7.1for Number of Stories and Lot size EXHIBITS A- Select title agency package dated 5-14-12 B- Ordinance 25-24.1 page 97 & 98 DISCUSSION Joseph A. Vena, Esq., approached the podium and stated that he represents Mr. Jonathan Kantor and is here requesting an interpretation of the Zoning Ordinance as it applies to Mr. Kantor’s property. Mr. Vena stated that there was an issue that was raised by the Zoning Official regarding rebuilding a structure if more than 50% has been destroyed. He detailed the ordinance, Section 25,24.1(d), that he submitted in his package D. Mr. Vena said there are two things that he wants to present to the Board that were not previously submitted; the legislative history and the ordinances. Mr. Vena stated that this case was previously before the Board. He began detailing copies of resolutions that he submitted in packages B and C stating that they will confirm what the Board previously approved. Mr. Vena said that the prior resolution holds that Mr. Kantor’s property constitutes a buildable lot.