September 20, 2012

Mr. Williams continued detailing the positive criteria stating that the pharmacy will be “invisible” because it will be located inside of the building. There was some discussion regarding the public being able to see the pharmacy and Mr. Williams said that they will know there is a pharmacy inside of the building by the sign outside. Chairman Neuer noted for the record that he did not accept Mr. William’s comment about the pharmacy being invisible. Mr. Vena stated that Mr. Williams will not be at the Zoning Board meeting on 10/18/12. Chairman Neuer stated that if they come back with a new Planner then they will nced to submit a new Planners report. Mr. Williams detailed the positive criteria for the parking variance, He said that the applicant bas seven (7) parking permits in the Municipal lot and, although 37 parking spaces are required, they are moving closer to conformity by proposing 21 spaces with this application. Mr. Williams stated that the layout will enhance the site and make it more aesthetically pleasing. Mr. Williams stated that although the sign is not allowed, due to the size and depth of the lot, a sign is needed. He said that the sign must be located on the southern lot line, close enough to Valley Road, so that it is identified. Mr. Williams stated that the applicant will conform to Ms. Borg’s suggestions regarding the height of the sign. Mr. Vena asked Mr. Williams if he thought the Board should approve this application based on the facts he provided in his testimony. Mr. Buechler stated that Mr. Williams is not qualified to answer that question. Chairman Neuer asked Mr. Williams if there was anything in the Master Plan that says that two uses on a site are permitted; Mr. Williams replied no, Chairman Neuer told Mr. Williams that, based on his answer to that question, his statement regarding the application being consistent with the Master Plan was questionable. Chairman Neuer referred to a case that Mr. Williams cited in his report regarding a proposed pharmacy being an accessory to a principle use. The Chairman told Mr. Williams that ifthe is going to cite a case then he should list the book and page number of the case sited. Chairman Neuer noted the time and advised the members of the public that this Board adjourns at 11:00 pm. He announced that this application will be carried over to the next regular Zoning Board Meeting

airman Neuer noted the time and advised the members of the public that this Board adjourns at 11:00 pm. He announced that this application will be carried over to the next regular Zoning Board Meeting on October 18, 2012 and that no further notice is necessary. Mr. Vena stated that Mr. Williams will not be at that meeting and that he requested to be placed first on the agenda.

ADJOURNMENT The meeting was adjourned by Chairman Neuer at 11:03 pm. October 18, 2012 oO J Cf f If /2— t Rose DeSena Zoning Board Secretary