August 17, 2017

Ms. Berkenwald called her first witness. Anna Facey, applicant, approached the podium and was sworn under oath. Ms. Facey stated that they purchased their home in May of 2016 from the contractor who renovated the home. Mr. Kantowitz approached and stated that he objects; he said that Ms. Facey’s testimony is a proffer on estoppel and asked that the applicant “cut to the chase”. Chairman Neuer stated that he is going to allow the applicant to proceed with her testimony because they have yet to make their legal argument. Ms. Facey stated that they purchased their home as a three (3) bedroom with a spare room; she said that she did not know that there was once a garage there. Ms. Facey stated that they park both of their vehicles in their driveway. She said that the width of the door where the garage used to be is too small to park a vehicle inside and that they would have to widen that doorway. Ms. Facey also stated that they do not have the finances to convert the bedroom back into a garage at this time. She said that even if the room was converted back to a garage they would still park both cars outside in the driveway. Ms. Gabry asked Ms. Facey if they were represented by counsel when they purchased the house; she said yes. Ms. Gabry asked Ms. Facey if they have a survey of the property; she said yes Vice Chairman Buechler asked Ms. Facey when they received the certificate of continued occupancy; she said the same day that they closed on the house. Vice Chairman Buechler asked Ms. Facey who gave them the certificate of continued occupancy; she said her attorney. Chairman Neuer asked Ms. Berkenwald if she had a copy of the certificate of continued occupancy; she said no. Mr. Kantowitz asked Ms. Facey if she requested any documents from the Township when she retained Ms. Berkenwald; she said yes. Mr. Kantowitz asked Ms. Facey if she requested a copy of the certificate of continued occupancy; she said no because they depended on their attorney because they did not know the proper procedure. Mr. Kantowitz asked Ms. Facey to elaborate on her testimony regarding not having the finances to turn the bedroom back into a garage; Ms. Facey stated that they have already spent thousands of dollars during the property dispute lawsuit with the objector and they do not have the money to do the construction.