BRACCHITTA, ERICKSON, KUBISKY, WOLFSON, ZAPF, DUBOWSKY (ALT. #1) AND ZALEWSKI (ALT. #2) BOORADY, ENGINEER AND ALEXANDER (FILLING IN FOR LORBER)

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1 MINUTES OF REGULAR ZONING BOARD OF ADJUSTMENT MEETING HELD ON TUESDAY, JANUARY 13, 2015 Vice Chairman Zapf called to order the regular meeting of the Board and announced the meeting was duly advertised in compliance with the Open Public Meetings Act by noticed dated January 5 th, 2015 sent to the Daily Record, Suburban Trends and posted on the bulletin board and website at Borough hall. PRESENT: ALSO PRESENT: ABSENT: BRACCHITTA, ERICKSON, KUBISKY, WOLFSON, ZAPF, DUBOWSKY (ALT. #1) AND ZALEWSKI (ALT. #2) BOORADY, ENGINEER AND ALEXANDER (FILLING IN FOR LORBER) *BYRNE AND FOREMAN Vice Chairman Zapf mentioned in the packet we have the approval of the minutes from September 30 th, Ms. Ward asked any corrections. Vice Chairman Zapf stated I have none. Mrs. Kubisky mentioned I have one. The first page you spelled my name wrong. Ms. Ward stated oh yes and spell check didn t pick it up. I ll make the change. Vice Chairman Zapf asked for a motion to accept the minutes from the September 30 th meeting with the one correction. Mr. Dubowsky made the motion to accept the minutes. Mr. Bracchitta seconds. Roll call: Yes: No: Abstain: Dubowsky (Alt. #1) Bracchitta, Erickson, Kubisky, Wolfson, Zapf and Zalewski (Alt. #2) None None Vice Chairman Zapf mentioned the next order of business is the December 9 th minutes if we had them but they are very extensive. Ms. Ward mentioned they re done but they have to be proof read. Vice Chairman Zapf mentioned we ll have them for the next meeting. The next order of business is Preliminary & Final Major Site Plan Application #343, Variance Application # and Flood Plain Encroachment Application #FPE by Robert Bower and Alice DeFalco, on property known as Block 8, Lot 8.3 on the municipal tax map also known as 131 Ryerson Road (a time extension has been granted until March 2015). This is for a draft resolution. Ms. Ward mentioned it s done but Tom just sent some comments to Charlie so you ll be getting the resolution shorty. We will definitely have it for the February meeting. Mr. Alexander mentioned I have a meeting with Tom after this meeting to go over his comments. Vice Chairman Zapf stated okay. The draft resolution will be on for the February meeting. *Ms. Ward mentioned Pat has arrived at the meeting, our chairman just in case you didn t know.

2 Page 2 January 13, 2015 (regular)) Mr. Zapf mentioned we are on #3. Chairman Byrne mentioned Variance Application # (use) by Joy Ann Aquilio, on property known as Block 50, Lot 40 on the municipal tax map also known as 40 Hunter Road (complete December 5 th, 2014 decision by April 4 th, 2015). This is a public hearing. Mr. DeMarco, attorney, with the office of DeMarco and DeMarco, 912 Belmont Ave., North Haledon, representing the applicant, Joy Ann Aquilio, in this application. Ms. Aquilio is present and she is my only witness. Mr. Alexander swore in Ms. Aquilio. Chairman Byrne asked for the background of what they want to accomplish. Mr. DeMarco stated Ms. Aquilio is the owner of 40 Hunter Road in Lincoln Park. She has filed an application seeking the required approval to convert the basement of the home to an extended-family dwelling-unit. It is Ms. Aquilio s intention to occupy the basement unit so that her son who is handicapped will occupy the first and main floor of this ranch-style home. Chairman Byrne stated okay. Mr. DeMarco asked Ms. Aquilio if she is the owner of 40 Hunter Road is that correct? Mr. DeMarco asked when did you purchase the subject property. Ms. Aquilio testified in March Mr. DeMarco asked what is your intention with respect to the property. Who will occupy the subject property? Ms. Aquilio testified the upper level will be occupied by my handicapped son and the lower would be occupied by myself. Mr. DeMarco asked can you explain to the Board the type of structure/the type of home. Is it a ranch style/colonial style? Ms. Aquilio testified I would say it is a ranch. Mr. DeMarco asked the main floor consists of one level and that s what your son will be occupying. Mr. DeMarco asked it is your intention to occupy the basement correct? Mr. DeMarco mentioned you understand in requesting this approval this property can never be utilized as a two-family home correct? Mr. DeMarco stated okay. Again other that you and your son will anyone else be occupying the subject property? Ms. Aquilio testified no. Mr. DeMarco asked you ve submitted plans in connection with this application. Ms. Aquilio testified I did.

3 Page 3 January 13, 2015 (regular) Mr. DeMarco asked you ve reviewed those plans. Ms. Aquilio testified I did. Mr. DeMarco asked the plans are accurate when you submitted them. Ms. Aquilio testified yes they are. Mr. DeMarco asked do they continue to be accurate today. Ms. Aquilio testified yes they are. Mr. DeMarco asked in fact the architectural plans and drawings that you ve submitted depict that the extended-family dwelling will have separate cooking, separate sleeping and separate sanitary facilities from that of the principal dwelling correct? Ms. Aquilio testified yes it will. Mr. DeMarco asked so that both you and your son will each have your own cooking facilities. Mr. DeMarco asked your own sleeping facilities and your own sanitary facilities. Mr. DeMarco mentioned currently the property is commonly metered so that both units are on one meter for purposes of utilities correct? Mr. DeMarco asked and that will continue. Ms. Aquilio testified yes it will remain the same. Mr. DeMarco asked you have no intention to separately meter the two units. Ms. Aquilio testified no. Mr. DeMarco mentioned in fact you understand that you are prohibited from separately metering these two units? Ms. Aquilio testified yes I do. Mr. DeMarco stated okay. You understand the Borough code and you and I have discussed that pursuant to the code the extended-family dwelling unit should not exceed 550 square feet correct? Ms. Aquilio testified correct. Mr. DeMarco stated the extended-family dwelling unit that you are seeking approval for is 720 square feet is that correct? Mr. DeMarco asked can you explain to the Board why you are seeking this variance. Ms. Aquilio testified I m seeking this variance because my son who is handicapped would be living in the upper unit and when I first saw this home and decided to purchase it, it met all the requirements that I needed. A place for him to be in order to meet his needs of being an excessive compulsive individual with a fear of contamination not allowing anybody else into his privacy or into his space, therefore the bottom level was there in order for me to live in and also it met the needs that

4 Page 4 January 13, 2015 (regular) I had because I too am handicapped I have back problems. Being on one level for me would be perfect as well so that was the reason why this house was selected because it met those qualifications. Mr. DeMarco mentioned in fact at the time of you purchased the property were there any representations made to you with respect to your intended use of the property? Did anyone tell you that this would be a permissible use at the time you purchased the property? Ms. Aquilio testified it said it on the realtor s report. Mr. DeMarco asked it indicated that you could occupy this property. Ms. Aquilio testified that it could be occupied that way. Mr. DeMarco asked when did you first learn that you couldn t use the property as you had intended. Ms. Aquilio testified as my contractor began to go ahead and do things that were necessary and went for the permits then we realized we weren t going to be able to do it. Mr. DeMarco asked in fact given the layout of the property there is no way to avoid seeking a variance for the excess square footage simply because you can t take square footage from one floor and put it to the other floor. Ms. Aquilio testified there is no way. Mr. DeMarco asked do you occupy the property today. Ms. Aquilio testified no. Mr. DeMarco asked but you will occupy the property upon completion of construction correct? Mr. DeMarco asked if granted these approvals. Ms. Aquilio testified yes correct. Mr. DeMarco mentioned you understand that home occupations or professional offices are not a permitted use for this property? Ms. Aquilio testified there will be none. Mr. DeMarco stated okay. You also understand that the garage areas cannot be converted to livable floor space and must remain as a vehicular storage use only correct? Mr. DeMarco stated you also understand that you and I had discussed that there may be a restrictive covenant or a deed restriction which would prohibit the use of this property as a two-family home correct? Ms. Aquilio testified correct. Mr. DeMarco stated or would prohibit the use of this property by anyone other than people related by blood or marriage from occupying an extended-family dwelling correct? Mr. DeMarco asked you are agreeable to that condition.

5 Page 5 January 13, 2015 (regular) Mr. DeMarco asked are you willing to sign such a deed correct. Mr. DeMarco asked you also understand that any HVAC units have to be located within the building envelope for primary structures and cannot be located specifically within the left side yard or the front yard of the property because that would require additional variances. Mr. DeMarco asked you are agreeable to sighting the HVAC units accordingly. Mr. DeMarco stated I have nothing further. Mr. Alexander asked Ms. Aquilio how old her son is. Ms. Aquilio testified my son is 42. Mr. Alexander stated okay. Chairman Byrne asked if anyone from the Board has any questions before we go over the engineer s report. All right. Do you want to go through the report Tom? Mr. Boorady stated sure. My report is dated November 20 th, 2014, on the first page lists all the supporting documents that you have likely before you. Just for the record, the latest plans I have are prepared by Albert Martorano, of Ringwood, New Jersey, 2 sheets of an architectural plan dated May 3 rd, 2014 with no revision dates. I believe everyone has those and the survey that accompanied the application is by Rigg Associates, of Glen Rock, New Jersey, consisting of one sheet dated March 24 th, 2014 bearing two revisions, the latest which is November 24 th, My report didn t reference the latest survey because there was a minor revision that needed to be made and the surveyor did make that and that s what you have before you. Moving on to page two of my report, I note all of the items that were incomplete back in November have been provided and the application deemed complete upon submitting that information. On the bottom of page two is the project summary. The property is located in the R-15 Zone, extended-family-dwelling units are permitted in the R-15 Zone subject to the rules under Section of the Borough Code. There are two existing variances and the rest of the bulk conditions are conforming. The two variances are lot coverage, 30.1% exists where a maximum of 25% is permitted in the R-15 Zone; and the left side yard setback is 19.8 feet where a minimum of 20 is required. Those are the only two variances and those won t be affected by any of the proposed work that is associated with the extended-family-dwelling unit. Moving onto my technical review comments on pages 3 and 4, I believe the testimony that the attorney just provided by questioning the applicant really addressed all of those four items and confirmed those items. I don t really have any additional questions for the applicant. I m assuming everyone had time to read through my report. I m happy to go through it but I don t want to waste your time, so if there are any specific questions you have I ll address. Chairman Byrne mentioned I have a question about the actual extended-family dwelling and maybe you could explain it so everyone understands what that means as opposed to a two family. Mr. Boorady mentioned the extended-family-dwelling unit all the utilities have to be on one meter basically you can t have separate meters like on a two-family home. The other big distinction is you have to be related by blood or marriage to construct an extended-

6 Page 6 January 13, 2015 (regular) family-dwelling-unit. Chairman Byrne asked in the future if they decided to sell the house what happens to the bottom portion it stays as an extended-family-dwelling. Mr. Boorady stated the property will have a deed restriction on it that will specifically restrict that area from being occupied by a future owner that isn t related by blood or marriage. Chairman Byrne stated okay. Mr. Boorady mentioned how is that is enforceable I don t know, but nevertheless your ordinance permits you to grant that arrangement with separate kitchens. There is a common entranceway and they show that on the plans but you know essentially your ordinance permits that to occur. Chairman Byrne stated all right. Mr. Boorady mentioned the only variance they are looking for is that square foot the 720 is proposed where your ordinance allows 550 square feet maximum. Mr. Alexander asked Tom if there was also a variance for the entranceway. Mr. Boorady stated I apologize you re right. Item 3.b. of my report, and perhaps the applicant can provide a little bit more information as to why the layout of the house is such, that when you look at the architectural plans there are separate entranceways that appear to be on the architectural plans. You know technically you have to have a unified entrance that both families can walk through. If you are familiar with the architectural plans, you can explain that to us. Mr. DeMarco asked Ms. Aquilio you are aware the architectural plans show a separate entrance both for the basement and for the main floor correct? Mr. DeMarco stated that is not something that you proposed to do that is something that has existed correct? Mr. DeMarco stated in preparing the plans with Mr. Martorano and considering the layout of the property, have you given though to the possibility of eliminating the entrance in the basement and only having one entrance on the main floor? Ms. Aquilio testified definitely. Mr. DeMarco mentioned you are going to be occupying the basement? Mr. DeMarco asked what went into your thought process in maintaining the separate entrance in the basement. Ms. Aquilio testified it is a safety issue. If there were I fire over there I would have to have a means of getting out, otherwise it would necessitate me to be able to go into the garage and to be able to raise and lift a double garage door in order to get out, or it would also necessitate the fact that I would have to climb upstairs into my son s space which with him being a separate compulsive and with his fear of contamination that I cannot do, along with climbing those stairs I have back problems so it would be an issue for me. Mr. DeMarco mentioned your primary purpose in maintaining the two existing entrances is for safety?

7 Page 7 January 13, 2015 (regular) Mr. DeMarco asked and also to accommodate your son s disability in not having to go in his space given his excessive compulsive disorder. Ms. Aquilio testified correct. Mr. DeMarco mentioned those are the reasons why we are proposing it. We understand the concern of your ordinance in that this could potentially be a two family with separate entrances that s not the intent here. We believe with the one meter and the deed restriction there is adequate protections so when this applicant leaves this property, whether it be tomorrow or a hundred years from now, you don t have to be concerned about a two family. Mr. Zapf mentioned it still has an internal stairway to get upstairs any how and that door currently serves as the basement entrance which many homes have more than one way in on several levels and it is just going to stay the way, it s the internal structure that s going to be different. Mr. DeMarco stated that s correct. Mr. Zapf stated but it is understood and we understand the problem you have with your son, you should be able to use the internal stairs to go up and use door on the main level. It is your choice not to and the garage door is right next to it so there is actually another entryway onto that level anyway and I don t think we would propose that you close the garage door up either. Chairman Byrne asked there is an outside entrance right like a walk out basement. So if they were to put a wall and leave that entrance and have the stairs on the one side and the laundry room, I m assuming your son is going to use the laundry room as well? Ms. Aquilio testified no he will not he has his own facility. Chairman Byrne stated I don t see anything. Mr. Zapf mentioned it s in the hall foyer right opposite the stairs. Chairman Byrne stated I see is. Well I was going to say if you had a wall there across the hallway I think that would meet the definition a common entrance. So as you are coming in from the outside if the door on the left is for the stairs right past that if you had a door (a wall and a door) that would be a common entrance. She would have an entrance to her section and he would have an entrance upstairs. Mr. Boorady stated that s interesting. Chairman Byrne mentioned I don t know how easily it is to put that there but I think that would apply. Mr. Zapf stated there is a linen closet door that has to open up into that space. Chairman Byrne mentioned well you can always put the linen closet entrance in the laundry room. I m just saying I think you could comply with the requirement if you had a wall there and a door because that would separate you would have a common entrance. I know it sounds a little burdensome to put that there. Mr. DeMarco asked you are on page 1. Chairman Byrne stated on page 1 of 2. Mr. DeMarco stated okay. Chairman Byrne mentioned as you walk from the outside entrance next to the garage on the right, like you are facing the garage to the right. there is an entrance there and you come in. Mr. DeMarco stated right over here.

8 Page 8 January 13, 2015 (regular) Chairman Byrne stated you come in and on your left there is the entrance to the stairwell and on the right is the entrance to the laundry, right past the stairwell if you had another door it would be considered a separate entrance to your space, a separate entrance to his and a common hallway for both. Mr. Zapf asked Tom would that necessitate if you were going to call that a common entrance would you have to close the one off upstairs. Mr. Boorady stated I don t think so. Chairman Byrne mentioned I know you are allowed to have separate as long as you also have a common one. Mr. Boorady stated in prior applications, for example, you ve had decks and technically you can go in and out of a deck door as well. Mr. Zapf mentioned you can go in and out the garage door as well. Mr. Boorady stated if you have one common entrance I think that that maybe meets the definition, whether they use it or not I don t think that matters. Chairman Byrne mentioned but as long as it is there. I don t think a garage door can be considered an entrance. Would that be considered an entrance as well? Mr. Boorady asked you mean the overhead. Chairman Byrne asked could you consider it I would be fine because you wouldn t have to do that you could use the garage as the common entrance. Mr. Boorady stated it says an extended-family-dwelling unit shall share a common unseparated entranceway and exit way with the principal dwelling. If you want to consider a garage door an entranceway or exit way you could I guess. Mr. Zapf stated then that s three that s the way I would look at it. Mr. DeMarco mentioned they have a two-car garage so that the occupants of both the upper level and lower share the garage. Mr. Boorady stated I don t think you need that wall in the hallway in that case. If you are both using the garage, you wouldn t need the hallway. Chairman Byrne stated then you wouldn t need the hallway. I m hoping that s right it doesn t say it in the code. Mr. Zapf mentioned there are really three common entrances. Mr. Boorady stated there really are, assuming you are going to leave the stairway the door at the top and bottom will be unlocked, so there wouldn t be anything preventing your son from coming down and saying hello to you, or you going up to say hello to him. I don t think the wall in the hallway would matter if you consider the garage area as common entranceway and they both have cars and they use the garage. Mr. Zapf mentioned three common entrances. Mr. Boorady stated they may never use any of those doors. Mr. Alexander stated there is no variance for that. Chairman Byrne stated so then we wouldn t need a variance. Mr. Boorady mentioned I think you are right.

9 Page 9 January 13, 2015 (regular) Mr. Zapf stated so there are three common entrances then. Mr. Boorady mentioned you are not making any modification to these plans. Ms. Aquilio testified no changes as to what is here. Mr. Boorady stated okay. Mr. DeMarco mentioned you understand that you will have to present as-built drawings to conform with the approvals here tonight? Chairman Byrne mentioned the variances already exist for the 30% impervious so we don t have to worry about that so we are basically here for the use variance. Mr. Boorady stated I just like to identify anything else with the property conforming or nonconforming just so you know what other variances. Chairman Byrne asked does anyone from the Board have any questions about the application. Anyone from the public have questions? Mr. Alexander asked for name and address please. Mr. Piro stated my name is Robert Piro and I live at 41 Hunter Road across from the dwelling. Mr. Alexander asked him to spell his last name. Mr. Piro stated P-i-r-o. My question is is there a maximum occupancy for the dwelling? Chairman Byrne stated there is actually an ordinance for occupancy of regular homes. Mr. Boorady stated I d have to look that up. Mr. Byrne stated there is I believe based upon bedrooms and bathrooms there is some calculation that is used but I don t know what it is. Mr. Boorady stated it is a single-family home that will be used with a related member of the family in a separate living area. Mr. Piro stated you raised a good point and having lived across from the property for the last ten years the reality is I believe this was an extended-family dwelling before is that correct? Ms. Ward mentioned there was no deed restriction found when they came in for a zoning permit. Nothing in the records indicate it was an extended-family dwelling. They couldn t do what they wanted to do because the unit was bigger than required by ordinance. Mr. Piro stated my concern with this is you can put restrictions in the deed but what can you do as far as enforcement? Unfortunately this house was severely abused for the last 10 years. It was used as a multi-family dwelling and we had several police reports (disturbances of the peace) and it was a very bad situation and there was very little we could do to prevent this. We went to the town and we were told at the time it was a mother/daughter, an extended-family dwelling is what we were told and it was rented out by non-relatives and there was very little that could be done in terms of enforcement. Chairman Byrne asked what can be done for that. Mr. Boorady stated apparently there were no deed restrictions prior so what this will actually do is offer you those protections that you were concerned about. There will be a deed restriction and she ll have to put a deed restriction on there. It will have to be her and her son, or somebody related to her by blood or marriage.

10 Page 10 January 13, 2015 (regular) Mr. Piro asked how is that enforced. Ms. Ward mentioned the zoning officer. Mr. Piro stated we want you to be accommodated but I m just saying what happens when it gets into some else s hands and it was a very horrible situation that s why I asked what the maximum occupancy is. There was like 8 to 10 people living in there and it was a bad situation and there was nothing the zoning officer could do. Mr. Erickson mentioned I would think they could take action based upon the deed restriction. Ms. Ward mentioned I believe it is based on the bedroom count how many people can live in the home. Chairman Byrne asked what about the other bedrooms upstairs that you son has, what is the plan with those. Ms. Aquilio stated they are just going to be there as rooms. Chairman Byrne asked there is no plans to have anyone move in. Ms. Aquilio testified no not with his condition it can t happen. Chairman Byrne stated okay. Just so you know there are 3 bedrooms on the first floor. Mr. Piro mentioned there are 3 bedrooms on the first floor. Chairman Byrne mentioned and two baths and the proposed basement there is one bedroom and one bath right? Mr. Piro asked if the calculation was done. Mr. Zalewski stated I think it is based on the BOCA Code. Ms. Ward mentioned the construction official would know that. Mr. Piro stated the maximum occupancy could be at least one person per bedroom. Chairman Byrne stated I think it is two per bedroom. Mr. Piro stated so you could have 8 people living there but they would all have to be blood related is that what you are saying? Chairman Byrne stated right. Mr. Piro asked is that what you are saying and that s a deed restriction. Chairman Byrne stated so now you have some teeth, so if you complain now we know they went for a variance and it is in the deed. Before it sounds like it was illegal. Ms. Ward mentioned it wasn t a legal mother/daughter. When they did the zoning permit, they discovered there was no deed restriction on it. The realtor said it was a mother/daughter, an extended family but it wasn t. Mr. Boorady asked is anyone going to live with you or your son. Ms. Aquilio testified no. Mr. Boorady asked he is going to live upstairs by himself and you are going to living downstairs by yourself.

11 Page 11 January 13, 2015 (regular) Ms. Aquilio testified that s correct. Mr. Boorady asked do you plan on renting any units to anyone. Renting any bedrooms to any person? Ms. Aquilio testified no. Mr. Boorady stated okay. Mr. Piro asked is it possible to put a maximum on this or do we have to live with it. Chairman Byrne stated I have to clarify something for you. If she sells the house to someone else, they can move people in it and there is nothing we can do about it. Ms. Ward mentioned if they violate the BOCA Code the zoning officer can go after them. Mr. Boorady stated she s on the record saying she is not going to rent any rooms out and there will be a deed restriction so I think you are going to be covered more than you were if somebody else bought this house. Mr. Piro stated okay. There is no stipulation that you can make that it won t be rented out? Mr. Boorady stated we can t guarantee that but there is at least some enforcement that you can see Sal now. Ms. Ward stated they can t rent rooms out because that is not allowed in the Borough. Mr. Zapf stated this goes with the house it doesn t go with the owner. Chairman Byrne mentioned right it s in the deed. Mr. Zapf stated so if the house is sold everything that we would vote on stays with the house. Ms. Ward mentioned so the next owner could be an extended-family dwelling. Mr. Piro stated oh it continues to be a mother/daughter. Chairman Byrne mentioned the only way they can undo that is to take everything out of the basement and have it removed from the deed. Mr. Bracchitta stated it still has the same restrictions a blood relative or marriage. Mr. Boorady mentioned the next owner could also change it and make it a one family. Ms. Ward stated we ve had other ones converted back to single-family homes. Chairman Byrne stated what they can t do is make it a two family. Mr. Zapf mentioned without coming back before us and going through the whole process again. Ms. Ward mentioned a two family requires certain floor areas and you need 22,500 square feet for the lot size. Chairman Byrne asked is there any other work being done other than the modifications in the basement. Any outside work siding/windows? Ms. Aquilio testified that was already done. Chairman Byrne stated okay. Ms. Aquilio testified everything was previous taken care of. When I bought the house I had them

12 Page 12 January 13, 2015 (regular) take care of all the necessities that needed to be done to bring the house up. Chairman Byrne asked do you have any other questions or comments. Mr. Piro asked I guess the deed restriction basically says it is only blood related people allowed to live on the second floor. There is nothing else that can be put in the restrictions to give it a little more teeth? Mr. Alexander stated the deed restriction is promulgated by the Borough Code. Mr. Piro mentioned so you are limited to what the code is. Mr. Alexander stated they have to cite what the code requires it to say. Chairman Byrne mentioned so now if you find that you see something you don t like and you make a complaint the zoning officer, he can say look there is a deed restriction you can t do that. Ms. Ward mentioned we have a number of extended-family dwellings throughout Lincoln Park and we ve never had any problems with them. This is the first time that I m hearing we had a problem on Hunter Road. I don t know if Sal was aware of it? Mr. Piro stated he was notified and police reports, the police were visiting there quite often so it was a horrible situation. Mr. Boorady stated it sounds like your situation is going to improve right? Mr. Piro stated I m hoping. I mean we are happy to have an owner here who is actually going to occupy the place. We were just under the impression that this was a previously extended-family dwelling and that s what we were told and now I m hearing differently. Chairman Byrne stated it was never legal. Does anyone from the Board have any questions? Does someone want to move it? Mr. Boorady asked anyone else from the public wishing to speak. Chairman Byrne stated thank you. Mr. Zapf moved it. Mr. Bracchitta seconds. Roll call: Yes: Zapf, Bracchitta, Byrne, Erickson, Kubisky, Wolfson and Dubowsky (Alt. #1) No: Abstain: None None Mr. DeMarco thanked the Board. Shall I prepare the proposed deed restriction and forward it to your counsel? Chairman Byrne mentioned they can t start the proposed construction until after the resolution. Ms. Ward mentioned the deed restriction needs to be approved and recorded before they receive their certificate of occupancy right? Mr. Boorady stated right. In the past what we ve done is the resolution gets memorialized and next month then they can start. They can t get a C.O. until the deed restriction has been recorded. The Board Attorney has to review and approve it and you must record the deed and sometimes that takes

13 Page 13 January 13, 2015 (regular) several weeks. I wouldn t have an object to allowing her to start construction as long as Sal knows he can t issue the C.O. until the deed is recorded. Ms. Ward mentioned that will be in my correspondence. Mr. Boorady stated that will be a condition of the resolution. Mr. Alexander stated right. Mr. DeMarco asked there will be no issues with her son occupying the first level, it is only utilizing the basement as the extended-family unit which would require the resolution anyway. Mr. Boorady mentioned whether he can occupy it or not is up to Sal. As far as getting final C.O. you ll have to have the deed restriction in place first. Mr. DeMarco stated understood. Chairman Byrne stated a month from now we ll read in the memorialization resolution but you can get all your permit now and before you get the C.O. make sure you have the deed restriction. Mr. DeMarco stated understood. Ms. Ward mentioned it will be on for the February 10 th meeting the resolution. Chairman Byrne stated you don t have to be here for that. Ms. Ward mentioned you ll get a copy in the mail. Mr. DeMarco stated okay. Thank you. Chairman Byrne stated good luck. Mr. Zapf moved to close the meeting. Mr. Bracchitta seconds. Meeting adjourned 8 P.M. Respectfully submitted: Joan Ward, Secretary Patrick Byrne, Chairman

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