April 21, 2016

Mr. Williams referred to the language in condition #10 of the adopted resolution and said that nowhere in the transcripts or the minutes of the meeting was it said that the resolution would be null and void if the applicant did not comply. He said that he never objected to the wording in the resolution because the applicant had all intentions on complying. Mr. Williams said shortly after the ninety (90) days, the applicant was fined by the Township Zoning Official for not taking the building down within the ninety (90) days as required by the condition. Once the complaint was filed in court, he said that he would file an application to modify the condition and come back before the Zoning Board. Mr. Williams said that the applicant did everything they could to take the building down and he would like the Board to remove the condition. Mr. Williams asked if the Board Members received all of the documentation that he submitted; Vice Chairman Buechler replied yes. Chairman Neuer stated for the record that he was recused from hearing this application but the basis for his recusal no longer exists. Chairman Neuer stated that he consulted with Ms. Beirne and they determined that he could conduct this hearing but he will not vote on the matter. Chairman Neuer stated for the record that he is present but not voting on this application. Ms. Beirne stated that there are three members of the public that requested certain procedural issues regarding this application. Ms. Beirne said that she received a request from Brooke Carlson for the issuance of subpoenas but she received an email today from Ms. Carlson stating that she is withdrawing her application for the subpoenas. Ms. Beirne said that she received a request from John Walsh for the issuance of subpoenas but she received an email from Mr. Walsh today stating that he is withdrawing his application for subpoenas. Ms. Beirne stated that she received a request from Tal Ben-Zvi to subpoena financial records from the applicant. She said that after a consultation between Chairman Neuer and herself they determined to deny that request but invited Mr. Ben-Zvi here this evening to argue his reason why he is entitled to request the financial records Vice Chairman Buechler asked Mr. Williams if he was aware of the request made by Mr. Ben- Zvi; he replied no. Ms. Beirne advised Mr. Williams that she sent him an

ed to request the financial records Vice Chairman Buechler asked Mr. Williams if he was aware of the request made by Mr. Ben- Zvi; he replied no. Ms. Beirne advised Mr. Williams that she sent him an email advising him of the request made by Mr. Ben-Zvi to subpoena the financial records approximately two months ago. Mr. Williams said he may have seen the email. 18