October 18, 2012

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]