November 20, 2014

use; he replied no. Mr. Wang said he used a title company. Mr. Neuer stated that the Board can approve the application subject to title; he said if it is encroaching the applicant will have to remove the part of the driveway that is encroaching.

Mr. Neuer asked Mr. Evans if the applicant will agree to that; he said that the part of the driveway that is encroaching could be removed or the applicant can come to some agreement with the County. Mr. Neuer suggested that the applicant try to negotiate with the County to get the appropriate approval. He said that approval for Green Acres from the State may take a year. Mr. Evans asked Chairman Buechler when the County took possession of the Reservation; he said that the County had possession of the Reservation forever. Mr. Neuer stated that this would have showed up in the title and asked Mr. Wang to get a copy of the title and the survey he received when he purchased the land. Ms. Gabry asked Mr. Wang if he currently lives in the house; he replied no. Mr. Wang said that there is only one bedroom in the house and he has a wife and two children. He said that he rents the house out periodically. Ms. Weiss asked Mr. Wang if he plans on living there; he replied yes. Mr. Neuer asked Mr, Wang if the basement is finished with a bedroom; he said that he does not now if it is a bedroom and does not intend on using it as a bedroom. Chairman Buechler asked Mr. Wang if there is any ingress or egress from the basement; he replied yes. Mr. Wang said there is a garage door and a sliding door. Mr. Neuer said that the plan can be modified to show the basement as a recreation room and the Board can make it a condition. Chairman Buechler called for a recess at 9:30 pm. Chairman Buechler resumed the meeting at 9:37 pm. Mx. Evans listed all of the variances that are required and justified the need for the variances. He said that the front of the house would still appear as a two story home and the side and rear of the house would appear as a three story home. Mr. Evans said that this would not create a negative impact on the neighborhood. Chairman Buechler asked Mr. Evans if the height was measured from the highest to the lowest spot; he said the height was measured from the lowest spot on the grade of the house and the highest from the rear of the house. Mr. Grygiel said the height is measured from the average grade to the highest point; he said the Township Ordinance was changed regarding this. He said that worst case scenario it cannot exceed 35° and the house is in compliance with height.

Mr. Evans said there will be a 3.9% increase in lot coverage and the greenhouse will be 175 sq. ft. Mr. Neuer asked Mr, Evans what the height of the greenhouse will be; he said they are proposing 189” and the top of the grade to the top of the roof will be 15’. Chairman Buechler asked Mr. Evans if the greenhouse is on top of the retaining wall; he said that it is shown on the plans like that now but it will be built in accordance with the Township's code. Mr. Evans stated that there only variance required for the greenhouse is for the height. Mr. Neuer asked Mr. Wang to explain why the greenhouse needs to be so high; he said that the greenhouse is for his wife. Mr. Wang said that his wife suffers from depression and working in the greenhouse doing gardening is her “medicine”. Mr. Neuer asked Mr. Wang why the greenhouse has to be that high; he said that the greenhouse has to be that height because there is a lot of shade in the corner of the property where it will go. He said that if the greenhouse is too low, the light will not be able to come through and his wife needs daylight to control her depression. Mr. Wang said that the gardening helps his wife with her depression. Mr. Neuer asked Mr. Wang is there is a house on the property line near the greenhouse; he said that there is a substantial distance from the neighbor’s house and the greenhouse. Mr. Wang said the distance is at least 60’. Chairman Buechler asked Mr. Wang why they need 5000 sq. ft. of living space for four (4) people; he said that his daughter has a boyfriend and his son has a girlfriend and his parents will live there too. Mr. Wang said that they need the kitchen to be isolated from the bedrooms because Chinese cooking needs proper ventilation in the kitchen due to the fumes. He said that the current rooms are small and they need the space for their everyday life. Mr. Wang also said that they do not sleep in a basement. There were no further questions for Mr. Wang or Mr. Evans from the Board Members of the Professionals. Chairman Buechler asked if any members of the public had any questions for Mr. Wang or Mr. Evans; seeing none Chairman Buechler closed the hearing and opened the meeting up for discussion. Mr. Neuer stated that he is going to recommend approval of the application because the constraints on the property do not have a negative impact on the zoning ordinance. He

meeting up for discussion. Mr. Neuer stated that he is going to recommend approval of the application because the constraints on the property do not have a negative impact on the zoning ordinance. He said that from the front of the property it appears as two stories and three stories are apparent if you are in the rear of the house. Mr. Neuer said that the greenhouse is necessary due to his wife’s medical issues and he is sensitive to the form of depression that is due to lack of sunlight. Mr. Neuer said that because the greenhouse is for a medicinal purpose and will be in the rear of the house, it will not be a detriment to the zoning plan. 10

Mr. Neuer stated that he recommends approval of the application subject to the applicant doing a full investigation that would satisfy this Board. He said that Mr. Wang will have to deliver a copy of the title insurance policy in effect and a copy of the original survey to Ms. Beirne and if it is an encroachment into the reservation and not Green Acres restrictions he must negotiate with the County to grant an easement or remove that portion of the driveway. Mr. Neuer said that if it is subject to Green Acres restrictions then he should remove the portion of the driveway that is encroaching. He said that he will recommend that the basement will not be used as a bedroom and the office on the second floor will not be used as a bedroom as conditions of the approval. Chairman Buechler stated that he will recommend as a condition of approval that once the house is constructed all of the materials on the exterior must match. Chairman Buechler instructed Mr. Wang to submit the title policy and survey to Ms. Beirne by December 2, 2014, Ms. Gabry stated that Mr. Wang should submit the survey from 1979 and the survey from 2011. Ms. Gabry seconded the motion made by Mr. Neuer to approve the application. The vote was as follows: Bullock: - Steinhart: - Gabry Yes Sussman: Yes Merklinger: - Weiss: Yes Neuer: Yes Chairman Buechler: Yes Quentzel: Yes 3, ZB-14-10/Franco Carried from 10/23/14 Block: 176.25; Lot: 10; Zone: R-4 24 Ferris Drive Seeking four (4) variances for installing an above ground swimming pool Hugo Franco approached the podium and was sworn under oath. Chairman Bucchler stated for the record that he was at Mr. Franco’s house the other day. He said that Mr. Franco already built the backyard retaining walls and the deck and is seeking approval after the fact. Chairman Buechler said that this Board cannot legally approve the application without the consent of the property owner, Dr. Blank, whose property part of the retaining wall is on. Chairman Buechler asked Mr. Franco if he has a written agreement with Dr. Blank; he replied no, Chairman Buechler asked Mr. Franco if he made arrangements with his other neighbor regarding the deck; he replied no. 11

Chairman Buechler stated that the Board has no choice but to adjourn this matter and advised Mr. Franco that if he wants to proceed tonight the Board will deny the application. Chairman Buechler asked Mr. Franco if he would like to adjourn until the December 18, 2014 regular meeting or the January 15, 2015 regular meeting; he said he would prefer to be adjourned until the January 15, 2015 meeting because he would like to check with his attorney. Chairman Bucchler stated for the record that this application will be carried over to the January 15, 2015 and that no further notice will be necessary. Chairman Buechler advised Mr. Franco to bring the two written agreements with his neighbors with him to the January 15" meeting. The meeting was adjourned by Chairman Bucchler at 10:23 pm. Adopted: December 18, 2014 Jl- Rose DeSena Zoning Board Secretary 12