February 19, 2015

Vice Chairman Neuer asked to have the photo of the fence marked as Exhibit A-1 for identification. Mr. Franco referred to Exhibit A-1 and stated that the wall cannot be seen; Vice Chairman Neuer stated that this is not the issue. Vice Chairman Neuer closed the hearing and opened it up for discussion from the Board Members. Vice Chairman Neuer stated that during the course of the hearing the Board Members learned about the wall encroaching on Dr. Blank’s property. He said that there was a Planner and an Engineer listed on the application but they did not appear before the Board. Vice Chairman Neuer said that, based on the application and the way that it was noticed, even if the Board Members were inclined to approve the only thing they could approve was the swimming pool. He said that the retaining wall was built without permits and it encroaches and there is no way to know if the fill that was used was clean fill. Vice Chairman Neuer stated that there were also other defects in the application. Ms. Weiss stated that this is a legal issue and that the Board Members have no choice but to deny the application. Mr. Sussman said that he agrees with Ms. Weiss and that the Board has no choice but to deny. Mr. Quentzel said that he also agrees with the other Board Members and that they cannot approve the application with the survey showing the encroachment. Vice Chairman Neuer stated that the swimming pool was positive but what was done was illegal. He said that the applicant did not ask for permission and the Board cannot legalize the use based on the application submitted to them. Vice Chairman Neuer moved that the application be denied with prejudice. He said that the applicant did not properly include all the necessary variances in the application and that the applicant did not present any compelling reasons to approve. Vice Chairman Neuer said that no negative or positive criteria was presented, the fill was installed without permits or inspections so there is no way to know what the contents of that fill is and the wall was built without any review from the Township’s Building Department. He said that this Board does not have the power to issue any injunctive relief. Ms. Gabry seconded the motion to deny with prejudice. The vote was as follows: Bullock: - Steinhart: - Gabry: Yes to deny Sussman: Yes to deny Neuer: Yes to deny Weiss: Yes to

ny injunctive relief. Ms. Gabry seconded the motion to deny with prejudice. The vote was as follows: Bullock: - Steinhart: - Gabry: Yes to deny Sussman: Yes to deny Neuer: Yes to deny Weiss: Yes to deny Quentzel: Yes to deny Chairman Buechler: -