February 19, 2015

He said that the survey that was submitted as part of his application clearly reflects an encroachment of the property owned by Dr. Blank. Vice Chairman Neuer said that even if the Board wanted to approve the retaining wall that was built without permits they cannot do that. Vice Chairman Neuer asked Mr. Franco if there was anything he wanted to say; Mr. Franco stated that he has tried many times to work it out with Dr. Blank with no success. Vice Chairman Neuer asked Dr. Blank if he had any comments; he replied yes. Jonathan Blank approached the podium and was sworn under oath. Dr. Blank stated that he lives at 20 Ferris Drive and was made aware of Mr. Franco’s wall encroaching on his property at the last Zoning Board hearing. Vice Chairman Neuer asked Dr. Blank if he has agreed to leave the wall on his property; he replied no. Dr. Blank stated that he sent a letter to the Board Members expressing that he would like Mr. Franco held accountable. Vice Chairman Neuer asked the Board Secretary if she received the letter; she replied yes and presented the letter to Vice Chairman Neuer. Vice Chairman Neuer stated for the record that the letter from Dr. Blank is not signed or dated. Vice Chairman Neuer asked Dr. Blank if he was to ask him to read the letter would that be his testimony; he replied yes. Vice Chairman Neuer asked to have the ten (10) page letter from Dr. Blank marked as Exhibit Blank-1 and entered into evidence. He also asked to have the letter dated 2/19/15. Dr. Blank referred to Exhibit Blank-1 and summarized the contents of his letter. Vice Chairman Neuer asked Mr. Grygiel if the fence on the wall constitutes a variance. Mr. Grygiel said that the Township’s Zoning Official makes that determination but if it appears to be one structure, then it would require a variance. Dr. Blank stated that the fence is on the wall. Ms. Weiss stated that this seems like a legal issue and not a Zoning Board issue. She asked Dr. Blank if he is interested in negotiating with Mr. Franco; he replied no. There were no further questions for Dr. Blank from the Board Members or the Board Professionals. There were no members of the public that had any questions for Dr. Blank. Mr. Franco stated that he took a picture of the fence and presented it to the Board Members.