November 20, 2014

Mr. Evans referred to Exhibit A-5 and stated that one variance is required for the front yard setback because of the house that is adjacent to the property. Chairman Buechler asked Mr. Wang if they can deem this hearing as the first hearing. He said that it would be as if they never had a hearing on June 19, 2014. Mr. Wang replied yes. Ms. Weiss referred to Mr. Grygiel’s report regarding the applicant’s driveway encroaching eleven (11) feet into the Essex County Reservation and asked Mr. Evans to comment on that; he stated that the driveway and the fence are existing conditions. Chairman Buechler asked Mr. Evans if the applicant provided notice to the County; he replied yes. Mr. Wang stated that the driveway and the fence were like that when he purchased the house. Mr. Neuer stated that he does not know if that portion of the Reservation was purchased with Green Acres funding and the County would not know that. He said that Mr. Wang would have to research that. Mr. Wang said that he has an old survey dated 1980 that shows the driveway was like that at that time. Mr. Neuer told Mr. Wang that if there is an encroachment he would have to deal with two levels of government; the County and the State of New Jersey. He said that the application includes land that he does not own. Mr. Neuer said that this Board can approve the application subject to having the portion of the driveway that is encroaching removed. Mr. Quentzel said that it looks like the retaining walls are encroaching also. Chairman Buechler asked Mr. Evans if the impervious coverage was calculated by the property line; he replied yes. Chairman Buechler asked Mr. Evans if in his opinion as a Professional Planner and Architect, the Board can approve an application for a pre-existing, non-conforming use; he said that he cannot make that decision but said that he has been involved in cases that had pre-existing conditions and encroachments. Ms. Gabry stated that the encroachment would probably require a separate approval. She said that there is a website for Green Acres and it would list if the Reservation was Green Acres. Mr. Neuer asked Mr. Wang if he had an attorney when he purchased the house; 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

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.