May 17, 2018

Chairman Buechler asked Ms. Durkin if at the time the property was purchased, did they seek advice from any professionals to determine if this property is suited for the installation of a ramp to make the home handicap accessible; Ms. Durkin said she did not know. Chairman Buechler asked Ms. Durkin if she has anyone that can answer that question; she said she does not believe so. Chairman Buechler asked Ms. Durkin if the applicant looked at better suited properties; she said she did not know. Chairman Buechler asked Ms. Durkin if she has anyone who can testify to that; she said she does not know. Ms. Durkin stated that what she can tell the Board, based on some of the questions that Chairman Buechler and some of the other Board members had at the last meeting, is that New Jersey has the Fair Housing Act which is a Federal statute and she cited 10:5-12.5 which is the New Jersey LAD Act; the law against discrimination. Ms. Durkin said that the title of that statute is regulation of land use, housing unlawful discrimination: 10:5-12.5. She said that 12.a of that statute states as follows: it should be unlawful discriminations for a municipal, county, or other local civil or political subdivision of the State of New Jersey or an officer, employee or agent thereof to exercise the power to regulate land use or housing in a manner that discriminates on the basis of race, creed, color, national origin, ancestry, marital status, familial status, sex, gender identity or expression, nationality or disability. Ms. Durkin said that although she does not think that this is the Board’s intention she feels that it is important to bring this statute to the attention of the Board because she feels that this is not a question that is proper for this application. She said that this Board cannot discriminate against Ethan and his family, because he is handicapped, by telling them that they can live in a certain home. Chairman Buechler stated that the Board appreciates the litigation threat and it is well noted. Ms. Durkin stated that this was not a litigation threat. . Chairman Buechler stated that under the Land Use Law, regardless of who the applicant is, one of the things that is required is that if someone is seeking a variance for a certain property to see if it is well suited and if they looked at alternative pieces of property that might be better suited in the

ngs that is required is that if someone is seeking a variance for a certain property to see if it is well suited and if they looked at alternative pieces of property that might be better suited in the surrounding area. He said that usually, when someone is seeking approvals, a property is purchased subject to the approvals but in this particular case the applicant knew the use that was intended and they did not hire someone to make that investigation at the time they purchased the property. Chairman Buechler addressed Ms. Durkin and said that she told him that she has no one to answer those questions and that is testimony that she is not going to provide. He said this is not discrimination; this is whether you meet your burden for the variances that you are seeking under the New Jersey Land Use Law. Chairman Buechler stated that the Board is not making a decision yet; he said this is only the beginning of the application.