October 18, 2012

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING October 18, 2012 The West Orange Zoning Board of Adjustment held a regular meeting on October 18, 2012 at 8:00 PM at 66 Main Street, West Orange, N.J. in Council Chambers. Chairman Neuer called the meeting to order at approximately 8:00 P.M. It was announced that notification of this meeting was given to the Township Clerk, the West Orange Chronicle, and posted on the Township Bulletin Board on November 29, 2011 in accordance with the “Open Public Meetings Act.” Chairman Neuer asked everyone to stand for the Pledge of Allegiance Alice Beirne, Esq., Board Attorney, read the Opening Statement. PRESENT: B. Buechler, G. Bullock, D, Gabry, P. Neuer, W. Steinhart, M. Sussman, A. Weiss, L. Zaolino ABSENT: B. Quentzel (excused absence) ALSO PRESENT: P. Grygiel, Consulting Planner/Acting Planning Director Board Attorney, Alice Beirne, Esq. Board Secretary, Rose DeSena Harvey Grossman, Public Advocate ANNOUNCEMENTS Future Meetings: November 8, 2012 (Special Meeting) ~- 8:00 PM November 15, 2012 (Regular Meeting) - 8:00 PM December 20, 2012 (Regular Meeting) — 8:00 PM Chairman Neuer announced that application ZB-12-16/Bocchino, originally scheduled to be heard at this meeting, will be carried to the Zoning Board’s regular meeting on 11/15/12 per the applicant’s request and that no further notice is required. Chairman Neuer announced that application ZB-12-17/Blake, originally scheduled to be heard at this meeting, will be carried to the Zoning Board’s regular mecting on 11/15/12 per the applicant’s request and that no further notice is required. Chairman Neuer noted that the Board Secretary has provided the Board members with a copy of an amended Township ordinance regarding Historic Preservation. He stated that if any Board Member had any questions regarding this ordinance that they should speak to the Town Council. (1]

DISCUSSION Chairman Neuer noted that there has been a request for a Special meeting by Robert Williams, Esq., attorney for Seton Hall Prep School. Revised plans have been submitted with respect to application ZB-08-37 that was approved last year. Chairman Neuer noted the two requested meeting dates that Mr. Williams provided to the Board, December 6th and December 13", and asked the Board which date was good for them; the Board agreed on December 6, 2012. Chairman Neuer asked the Board Secretary to contact Mr. Williams, advising him that this application will be heard on December 6, 2012. MINUTES Adopt Minutes: September 20, 2012 (Regular Meeting) Chairman Neuer asked the Board if they had any comments regarding the minutes from the regular Zoning Board meeting held on 9/20/12. Seeing none, the Chairman asked for a motion to approve. Mr. Buechler made a motion to approve the minutes; Ms. Gabry seconded the motion. All were in favor. SWEARING IN Consulting Planner for the Township, Paul Grygicl, was sworn under oath. DISCUSSION Mr. Carmine Campanile, Esq., attorney for application ZB-11-14/Longo, approached the podium. Mr. Campanile stated that due to the full agenda this evening, he feels that his client will not be heard and requested to be carried to the next Zoning Board meeting on November 15, 2012. Mr. Buechler noted that the last time Mr. Campanile was before this Board was on 10/27/11. He advised Mr. Campanile to be prepared to explain, at the next meeting, why his client took so long to come back before this Board. Chairman Neuer stated that application ZB-11-14/Longo will be carried over to the Zoning Board regular meeting on November 15, 2012 and no further notice is necessary. [2]

APPLICATION 1. ZB-12-03/DEKAB, LLC Carried from 9/20/12 Block: 18; Lots: 27 & 29; Zone: R-M 372 Valley Road Secking a “D” variance for use and three (3) “C” variances for parking, lot coverage and signage. Joseph Vena, Esq., attorney for the Applicant, approached the podium and detailed what occurred at the last meeting on 9/20/12. He said that, at this meeting, the Applicant will be addressing the variance for the pharmacy not being allowed in that zone. Chairman Neuer asked Mr. Vena if he also noticed for two principal uses on one lot; Ms. Beirne stated that she read the notice and the notice did include that information. Mr. Vena called his first witness. Samih Abbassi approached the podium and was sworn under oath. Mr. Vena stated that Dr. Abbassi is the owner and asked him why they would like to put a pharmacy in their building. Dr. Abbassi stated that this was decided at the request of the patients. Mr. Vena asked Dr. Abbassi what kind of usage the parking lot gets and asked how many cars park there. Dr. Abassi stated that the staff parks in the lot and that there is usually ample parking for them and their patients. Dr. Abassi stated that they also had an agreement with the restaurant next door to utilize their parking lot. Chairman Neuer asked Dr. Abbassi if they had a written agreement with the restaurant to park there; Dr. Abbassi said no. He said that they agreed to let the restaurant patrons use their parking lot at night but there was no written agreement between them. Ms. Gabry asked Dr. Abbassi how many doctors are there at one time. Dr. Abbassi said that they have four physicians but only two doctors work there at one time. He said that he may be there sometimes doing paperwork, but he does not see patients during that time. Mr. Bucchler asked Dr. Abbassi if he personally observed enough parking spaces for their patients; Dr. Abbassi replied yes. He stated that there are windows in the front of the building and that he looks outside many times during the day. Dr. Abbassi stated that there are also times when an ambulance comes into the parking lot. Chairman Neuer asked Dr. Abbassi to define what a non-ambulatory patient is because their Planner’s report stated that they have patients that are non-ambulatory. Dr. Abbassi stated that non-ambulatory patients are not able to walk in so an ambulance brings them. Chairman Neuer asked Dr.

r Planner’s report stated that they have patients that are non-ambulatory. Dr. Abbassi stated that non-ambulatory patients are not able to walk in so an ambulance brings them. Chairman Neuer asked Dr. Abbassi how many non-ambulatory patients for the entire building are seen during one day; Dr. Abbassi stated approximately two patients per day need transportation. [3]

Chairman Neuer asked Dr. Abbassi how many patients seek the services of the physicians at this location in one day. Dr. Abbassi stated that he is the busiest of all the physicians and he sees about 30 patients in one day. Chairman Neuer asked Dr. Abbassi how many regular patients are his; Dr. Abbassi stated that he has about 10,000 patients. There was some discussion about approximately how many patients Dr. Kadri, Dr. Deen, and Dr. Khan see in one day. Mr. Buechler asked if it would be fair to say that approximately 35-40 patients are seen in one day; Dr. Abbassi said yes. Chairman Neuer asked Dr. Abbassi how many of the patients asked if they would install a pharmacy in the building; Dr. Abbassi said about 10 patients. Chairman Neuer asked if they would be sub-contracting the pharmacy out to a licensed pharmacist; Mr. Vena said that they are leasing the space to a licensed pharmacist. Chairman Neuer asked if they had discussed with this pharmacist how many patients they need to service in order to break even. Mr. Vena stated that the pharmacy they are leasing the space to is an established pharmacy, called E&M Pharmacy, and that they are located in Orange, New Jersey. The Applicant did not respond to the inquiry. Chairman Neuer asked if E&M Pharmacy will be closing their present pharmacy; Mr. Vena said that he does not know. Mr. Vena said that they have already relocated to a larger facility in Orange and that the Valley Road location will be an accommodating location, Chairman Neuer asked how far E&M Pharmacy is from this location; Mr. Vena replied approximately a mile and a half. Mr. Sussman asked Dr. Abbassi if he stated that he has 10,000 patients; Dr. Abbassi said yes. Mr, Sussman asked Dr. Abbassi how often he sees his regular patients; Dr. Abbassi said once every two years. Mr. Sussman asked Dr. Abbassi if only 10-15 patients asked him for a pharmacy after stating that he had 10,000 patients; Dr. Abbassi said yes. Ms. Gabry asked Dr. Abbassi how many of the 10-15 patients who asked for a pharmacy were non-ambulatory; Dr. Abbassi said most of them were ambulatory but he cannot recall for sure. Ms, Gabry asked Dr. Abbassi what kind of Doctor he was; Dr. Abbassi said he is an internist and an allergist. Chairman Neuer asked Dr. Abbassi how many employees will work at E&M Pharmacy; Dr. Abbassi said that he did not know. He said that Dr. Khan

was; Dr. Abbassi said he is an internist and an allergist. Chairman Neuer asked Dr. Abbassi how many employees will work at E&M Pharmacy; Dr. Abbassi said that he did not know. He said that Dr. Khan is in negotiations with the pharmacy. Chairman Neuer asked Dr. Abbassi how many feet from the front door of the building to the pharmacy counter. Dr. Abbassi said approximately 15-20 feet. Chairman Neuer stated that, according to the plans, it appears to be longer. Dr. Abbassi said when you walk into the front door you go down 4 or 5 steps first. He also said that he could be wrong and that it could be longer. Chairman Neuer asked Dr, Abbassi if the patients have to use stairs to enter the pharmacy; Dr. Abbassi said no. Chairman Neuer asked Dr. Abbassi if he was correct in stating that anyone [4]

wanting to visit the pharmacy has to go down the stairs and then back up them to exit; Dr. Abbassi said yes. ‘There were no further questions for Dr. Abbassi. Chairman Neuer asked Mr. Vena to call his next witness. George Wheatle Williams approached the podium. Chairman Neuer stated that Mr. Williams was sworn under oath at last month’s meeting and he will continue under oath. He asked Mr. Williams if he was still a licensed Professional Planner in the State of New Jersey; Mr. Williams replied yes. Mr. Williams began by stating that he is here to provide testimony regarding the two principal uses and establishing a pharmacy not permitted in this zone. He detailed what he testified to at the last meeting, stating that he reviewed the Township’s Master Plan, the 2005 re-examination plan, the site plan application and site plan. Mr. Williams stated that he also reviewed Ms. Borg’s and Omland Engineering’s reports. Mr. Williams stated that the applicant is a long time business owner in Town and previously came before this Board to convert an old house of worship into a professional office building. Mr. Williams said that the applicant has decided to purchase a residential single family home to increase parking for his property and improve the site layout. He said that the applicant is also seeking to take storage space in his building and make it a pharmacy. Chairman Neuer asked if the clients proposal to acquire the property is contingent on granting approval for the pharmacy or will he increase the parking regardless. Mr. Vena said that the client has already purchased the property and the parking lot will be improved with or without the pharmacy approval. Mr. Williams stated that when you enter the building there are four (4) steps and a lift that a patient can use instead of the stairs. He said that the applicant is proposing to remove the first _ floor storage area to make better use of it and establish a pharmacy which will provide a service to their patients. Mr. Williams detailed the site, the surrounding area and the photos that he presented in his recent Planner’s report dated 10/8/12. Mr. Williams stated that, according to the Master Plan, the Township wishes to improve the Valley corridor area and that in his opinion this project advances this standard. Mr. Williams stated that this project will also create two jobs and he noted that any

Township wishes to improve the Valley corridor area and that in his opinion this project advances this standard. Mr. Williams stated that this project will also create two jobs and he noted that any number of jobs created is a plus. Mr. Williams stated that, according to the Township’s 2004 Master Plan, there are no inconsistencies with this project. [5]

Mr. Grygiel stated that the Township has adopted a 2010 Master Plan and that the document that Mr. Williams is referring to is not the latest Plan. He said that there are no substantial changes to either plan regarding the Valley corridor. Mr. Williams stated his opinion that the pharmacy will provide a one stop convenience for the patients visiting this site. He said that, if approved, the pharmacy design will focus on the patients visiting this site and they will be able to have their prescriptions filled before they leave the facility. Mr. Bucchler asked Mr. Williams if a stretcher can fit on the lift; Mr. Williams said that the lift is ideally suited just for a wheel chair. Mr, Williams stated that once you enter the building, the physician’s waiting room is on the left and there are lavatories on the right. He said that, if you go beyond the lavatories, there is an entrance to an existing storage area, where the pharmacy will be located, that is approximately 900 sq. feet. Chairman Neuer stated that there is no scale to say how far the pharmacy is from the front door. Mr. Williams said that he is guessing that from the sidewalk to the front door is 95’ and that the pharmacy is 60° from the front door. Mr. Williams detailed the first floor layout. Chairman Neuer asked if the pharmacy will be dispensing narcotics; Mr. Vena said possibly. Chairman Neuer said that he does not see anything in the plans regarding security for the narcotics; Mr. Williams said that if the application is approved they will present those plans, Mr. Williams detailed the positive criteria and stated that this project encourages development and is a convenience to its patrons. Mr. Williams said that if the applicant had proposed a record store, for example, this would not advance the purpose but because the pharmacy is similar to the existing use as a medical office, it will advance the purpose. Mr. Williams stated that the hours of operation for the pharmacy will be the same as the medical building during the week but it will be open on a Saturday by State law. Mr. Williams stated that the applicant is proposing to add more parking for the site and said that there are no other suitable sites for the pharmacy. Mr. Williams detailed the negative criteria. He stated that there will be no substantial detriment to the neighborhood; that the applicant’s primary intent is to

ther suitable sites for the pharmacy. Mr. Williams detailed the negative criteria. He stated that there will be no substantial detriment to the neighborhood; that the applicant’s primary intent is to service the patients onsite; the signage will be minimal; there will be no impact on the Zone because they have already been approved for the bigger project and this one is much smaller and that there will be an additional ten (10) parking spaces onsite to accommodate the original approved use. [6]