May 19, 2016

Mr. Williams presented his closing statements and asked the Board to approve this application. Vice Chairman Buechler declared the record closed. Ms. Weiss stated that the proposed modifications will make this a better facility and that she is in favor of the application. Ms. Gabry stated that her concern regarding the parallel parking issue in the front of the building was addressed and that she is in favor of the application. Mr. Schwarzbaum said that the proposed modification is big improvement especially for parking. He said that he would like to make a motion to approve this application with a condition that physical therapy and occupational therapy be provided for residents only and not for non- residents. Vice Chairman Buechler said that enforcing this condition would be difficult but they can add it as a condition. Vice Chairman Buechler said that he would suggest a condition regarding the containers on the premises be removed forty five (45) days at the conclusion of the construction and that all of the waivers Mr. Williams requested be approved and added as part of the resolution. Ms. Gabry seconded the motion to approve the application with said conditions. The vote was as follows: Buechler Yes Schwarzbaum: Yes DarConte: Yes Steinhart: Yes Gabry: Yes Sussman: - D. Nash: - Weiss: Yes Quentzel: Yes Chairman Neuer: - 2. ZB-16-02/Arceo Carried from 4/21/16 Block: 43; Lot: 29; Zone: R-5 70 Lowell Avenue Seeking a “c” variance for the height of a retaining wall to be constructed in the rear yard EXHIBIT A-1 — Photo Board — nine (9) photos David Oliverous and Samual Arceo approached the podium. Mr. Oliverous stated that Mr. Arceo is the applicant and is his uncle and that he is present to help him with the translation because Mr. Arceo does not speak English very well. 10

Mr. Oliverous and Mr. Arceo were sworn under oath. Daniel Roma approached the podium and was sworn under oath. Mr. Roma stated that he is the architect for the applicant and detailed his educational and professional background as a licensed architect in the State of New Jersey. Vice Chairman Buechler accepted Mr. Roma as an expert in architecture. Mr. Oliverous stated that his uncle, Mr. Arceo, wanted to repair the retaining wall on his property to make it better and started to repair it himself. Vice Chairman Buechler asked Mr. Oliverious if his uncle is a licensed contractor; he replied no. Vice Chairman Buechler asked Mr. Oliverious if his uncle read the Township Engineer’s letter; he replied yes. Mr. Roma presented photos of the property. Vice Chairman Buechler asked Mr. Roma if he took the photos himself; he replied yes that he took them this morning. Vice Chairman Buechler asked to have the photo board marked as Exhibit A-1 for identification. Mr. Roma referred to Exhibit A-1 and detailed all of the photos. Mr. Roma stated that Mr. Arceo removed some plants without authorization to repair the wall and planted new ones. Vice Chairman Buechler asked Mr. Roma if Mr. Arceo planted them on his property or the neighbor’s property. Mr. Roma said that it is hard to say because it is hard to tell where the property line is on the existing survey. Vice Chairman Buechler asked Mr. Roma if they will have a surveyor survey the property before they build the wall so that it is on his property; he replied yes. Mr. Roma said that Mr. Arceo decided to remove the old wall because it was in disrepair. Vice Chairman Buechler asked Mr. Roma when Mr. Arceo tore the wall down; he said in 2015. Vice Chairman Buechler asked Mr. Roma when Mr. Arceo purchased the house; he said twenty (20) years ago. Ms. Gabry asked Mr. Roma if the applicant built the wall twenty (20) years ago; he replied no. Vice Chairman Buechler asked Mr. Roma if he knew when the wall was built; he replied no. 4

Mr. Roma said that Mr. Lepore suggested that he extend the wall along the side of the house up to the front property line and he agreed with him. Mr. Roma said in order to extend the wall, they would have to remove two trees at the end of the property. Mr. Roma referred to the architectural plans that were submitted to the Board showing the reconstructed wall and said that it will only be two (2) to three (3) feet high along the side of the house. He said that a licensed contractor will be hired to reconstruct the wall. Mr. Roma said that the wall will be nine (9) feet above the ground at the middle of the wall. There was some discussion regarding how high the block wall will appear to be from the neighbor’s back yard. Mr. Quentzel asked Mr. Roma if there are any photos of the applicant’s wall before it was torn down; he replied no. Mr. Roma noted a photo in Exhibit A-1 of a retaining wall on a neighbor’s property. He said that he took this photo to demonstrate what the applicant’s wall looked like before he took it down. Vice Chairman Buechler asked Mr. Roma how high the old wall was; he replied seven (7) feet. Mr. Roma said that the wall was just in the rear of the house and not along the side of the house. He said that the purpose of the wall was to eliminate the water runoff to the neighbor’s property. Vice Chairman Bucchler said that the applicant must comply with everything stipulated in Mr. Lepore’s letter. Vice Chairman Buechler referred to Mr. Lepore’s letter regarding the roof leaders and asked Mr. Roma where the roof leaders go to; he said he did not know. Vice Chairman Buechler asked Mr. Roma what type of seepage pit they are proposing; he said that they will install a pit with crushed stones that will collect the water. Vice Chairman Buechler advised Mr. Roma that they will not finish hearing this application this evening because they will have to come back with additional drawings and information for the Board to even consider this. Mr. DarConte asked Mr. Roma how far from the property line will the wall be constructed; he said approximately six (6) inches. Mr. Grygiel asked Mr. Roma if the height of the wall that is being proposed will make the back yard flat; he replied yes. Mr. Grygiel asked Mr. Roma if the height of the wall being built complied with the height that is required by ordinance, would the yard still be usable; he

ll make the back yard flat; he replied yes. Mr. Grygiel asked Mr. Roma if the height of the wall being built complied with the height that is required by ordinance, would the yard still be usable; he replied yes. There were no further questions for Mr. Roma from the Board Members or the Board Professionals. 12

Vice Chairman Buechler asked if any members of the public had any questions for Mr. Roma. Dorothy Butler approached the podium and stated that her mother lives at 88 Lawrence Avenue. She asked Mr. Roma if the dirt pile in his back yard was dirt brought in since the applicant purchased the property; he said no. Ms. Butler asked Mr. Arceo if he changed the grade from the original side yard since he purchased the house; he replied no. Mr. Arceo said that when he built his patio five (5) years ago he pushed the dirt back. Vice Chairman Buechler asked Mr. Arceo how much dirt he moved in his back yard; he said approximately one hundred (100) wheelbarrows. Ms. Gabry asked Mr. Arceo if the applicant got a permit for the patio; he said no that it was an existing patio and he put stairs in. Ms. Butler asked Mr. Arceo if the applicant added a wall to the patio; he replied yes. Vice Chairman Buechler asked Mr. Arceo how high the wall along the patio is; he replied three (3) feet. Ms. Butler asked Mr. Arceo how high the wall was that was taken down; he replied six (6) feet. Chris Scioscia approached the podium and stated that her mother lives at 88 Lawrence Avenue. Ms. Scioscia asked Mr. Roma to show her where the nine (9) feet high part of the wall be on the plans; he complied. Ms. Scioscia asked Mr. Arceo if he put the concrete from the old patio he removed and buried it under the pile of dirt that he moved; he replied no. Shiela Tropp approached the podium and stated that she lived at 9 Florence Place. Ms. Tropp asked Mr. Roma if there will be adequate drainage after they install the wall because she does not have water runoff on her property now; he replied yes. Ms. Tropp asked Mr. Roma will they be removing any trees; he said they will be removing two pine trees on the side of the house. Vice Chairman Buechler asked Mr. Grygiel if removing those trees require a permit; he said no. Mr. Roma asked Vice Chairman Buechler if the applicant builds the wall six (6) feet high that is the maximum height allowed by the Town would he have to come back before the Board. Vice Chairman Bucchler said if he decides to scale down he would not have to come back before the Board but then he would not have enough protection for his children playing in the back yard 13

so they would not fall down the hill as he stated in his testimony. He said that he will still need permits to do the work. Vice Chairman Buechler asked Mr. Arceo if he has any outstanding fines from the Township’s Zoning Officer; he said no he paid the fine. Vice Chairman Buechler said that this application will be carried to the June 16, 2016 meeting and no new notice will be required. Vice Chairman Buechler said that all revised architectural drawings must be submitted ten (10) days before the meeting. Vice Chairman Buchler said that the drawings must show the wall continued up the side of the property and what type of block they will be using for the construction of the wall. He said that the applicant must clean up all of the debris before the next meeting and to have someone else testify at that meeting as to how the water drainage will be addressed and testify as to where the roof leaders drain off to. Vice Chairman Buechler said the applicant must also re-stake the property line so it shows whose property the new trees are on. The meeting was adjourned by Vice Chairman Bechler gb10:42 ¥ Rose DeSena Zoning Board Secretary Adopted: June 16, 2016 14