October 20, 2016

Chairman Neuer asked Mr. Williams if the applicant applied for a certificate from the Township administrative officer certifying that the structure existed before the current Township ordinance. Mr. Williams stated that the owner of the site was issued a certificate of continued occupancy from the Township. Chairman Neuer said that a certificate of continued occupancy does not prove that the structure was built before the ordinance. He said that the statute clearly states the above. Mr. Williams said that the owner went to the town and told them that he was purchasing the property and they issued a certificate of continued occupancy. He said that it was recognized at that time as a non-conforming use. Mr. Williams said that they also went back in the tax files and it has always been a commercial use. Chairman Neuer stated that there is a statute that requires the applicant to apply for a certificate that certifies the structure existed before the current Township ordinance. He said that the Board is going to reserve their decision until the end of the hearing as to whether the applicant must obtain that certificate. Mr. Petry presented the minor sub-division map, with a revision date of 10/3/16 that was pre- marked as Exhibit A-6 for identification and the parking, loading and improvement plan, with a revision date of 10/3/16 that was pre-marked as Exhibit A-7 for identification. Mr. Petry stated that if the application is approved then the proceeds from the sale of the residential property will allow the applicant to make the improvements to the site. Vice Chairman Buechler asked Mr. Petry if the owner will only do the improvements to the site if he sells the two family house; he said yes. Mr. Petry said that the owner will either refinance the two family home or sell it. Chairman Neuer asked Mr. Petry if his testimony is that no improvements will be made if the application is denied or if the owner does not sell the house or refinance it; he replied yes. Ms. Gabry asked Mr. Petry if there is a contract that says the improvements to the site will be made subject to the approval of this application; he said not that he does not have any such information. Mr. Petry referred to Exhibit A-7 and detailed the proposed improvements. He said that they will be installing curb lines, landscaping and adding a keyless pad at the entry door. Mr. Petry stated

on. Mr. Petry referred to Exhibit A-7 and detailed the proposed improvements. He said that they will be installing curb lines, landscaping and adding a keyless pad at the entry door. Mr. Petry stated that the loading area has enough room and is in compliance with the Township ordinance. He said that the impervious coverage on the property will be reduced and that the parking arrangements will remain the same. Chairman Neuer asked Mr. Petry if they are proposing a handicap parking space; he said no. Mr. Petry stated that in parking lots of less than twenty (20) parking spaces a handicap space is not required, Chairman Neuer asked Mr. Petry if the business has walk-in purchasers; he said he does not know. Chairman Neuer asked Mr. Keller if the business has walk-in purchasers, are they required to have a handicap parking space; Mr. Keller said that he always thought they would need one handicap parking space.