July 19, 2018

asked to sit down. Chairman Buecher stated that the record will reflect that he asked Mr. Kantowitz to take his seat because the proceedings had already begun and the Board follows a certain order. Mr. Brovarone referred to the photos that Mr. Facey took and said that the lights have met the criteria and that the condition in the resolution has been satisfied. Mr. Kantowitz, attorney for the objector, approached. He stated that he represents a neighboring property at 19 Jones Place. Mr. Kantowitz stated that the applicant did not satisfy the condition in the resolution and that the Township’s Zoning Official also cited the applicant because the condition was not satisfied. Chairman Buechler stated that this is not a procedural issue and said he will address the case law that Mr. Kantowitz presented to the Board in a memo addressed to Ms. Beirne dated July 16, 2018. Chairman Buechler said that he read the case laws that were cited by Mr. Kantowitz and said that the Board considered them and determined that they are not applicable. Chairman Buechler stated that the Board will make the determination if the condition was satisfied. Mr. Kantowitz stated that he wanted the record to reflect his objection to that. Chairman Buechler advised Mr. Kantowitz that he is welcome to appeal the Board’s decision. Chairman Buechler stated that a few Members of the Board went to the property and looked at the lights. He said that the condition requires that the light fixture have permanent shields that cover the lighting elements and that they should point downward and not shine towards the house on Jones Place. Chairman Buechler stated that the applicant did replace the light fixtures and that they are pointing downward but the metal casing does not appear to go below the level of the light bulb. Chairman Buechler suggested that the Board is not going to waive the condition because the applicant did not fully comply because the shield does not cover the light bulb. He said that the applicant must install light fixtures where the metal shield extends below the bulb so that it is a true shield. Vice Chairman Neuer stated for the record that he was at the property at 9:45pm and took photos that were marked as Exhibit Board-1 for identification. He said that he was standing in Ms. Stiles backyard and could see the light bulbs and that there is a great deal of light

9:45pm and took photos that were marked as Exhibit Board-1 for identification. He said that he was standing in Ms. Stiles backyard and could see the light bulbs and that there is a great deal of light shining on the house.