November 8, 2012

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT SPECIAL MEETING NOVEMBER 8, 2012 The West Orange Zoning Board of Adjustment held a special meeting on November 8, 2012 commencing 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 October 15, 2012 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, D. Gabry, W. Merklinger, P. Neuer, B. Quentzel, W. Steinhart, M. Sussman. ABSENT: G, Bullock (excused absence) L. Zaolino (excused absence) A. Weiss (excused absence) ALSO PRESENT: P. Grygiel, Consulting Planner/Acting Planning Director E, Keller, Consulting Engineer Board Attorney, Alice Beirne, Esq. Board Secretary, Rose DeSena Harvey Grossman, Public Advocate ANNOUNCEMENTS Future Meetings: November 15, 2012 (Regular Meeting) - 8:00 PM December 6, 2012 (Special Meeting) — 8:00 PM December 20, 2012 (Regular Meeting) — 8:00 PM January 17, 2012 (Regular Meeting) - 8:00 PM - SWEARING IN Consulting Engineer, Eric Keller and Consulting Planner for the Township, Paul Grygiel were sworn under oath. (1]

Chairman Neuer introduced William Merklinger and announced that he was appointed by Mayor Parisi as an Alternate Member of the Zoning Board of Adjustment. Mr. Merklinger was administered the oath as an Alternate Member of the West Orange Zoning Board of Adjustment. APPLICATION 1. ZB-12-20/First Hartford Realty Corp., Designated Agent for CVS Block: 153.16; Lot: 1-6 &24-27; 265 Prospect Avenue “—D” Use variance & “C” variances for building a EXHIBITS A-L — Survey/existing conditions dated 1/5/12 A-2 — Proposed Layout and Materials (drawing C-3R) dated 10/25/12 A-3 — Delivery Vehicle & Maneuvering Plan (drawing VM-1) dated 8/13/12 A-4 — Emergency Vehicle Maneuvering Plan (drawing VM-2) dated 8/13/12 A-5 ~ Grading & Drainage Plan (drawing C-4) dated 8/13/12 A-6 — Section View (drawing SV-1) dated 11/6/12 A-7 — Utility Plan (drawing C-5) dated 8/13/12 A-8 — Lighting Plan (drawing LT-1) dated 8/13/12 A-9 — Landscape Plan (sheet R-01) dated 7/23/12 A-10 — Outline First Floor Plan (sheet 0-1) dated 8/13/12 A-11— Mezzanine Plan (colored sheet 0-2) A-12— Exterior Elevations (black & white sheet A-4.1C) A-13 — Exterior Elevations (sheet A-4.1) A-14 —- Exterior Lighting Plan (sheet EL-1) A-15 — Zoning Summary Chart DISCUSSION Robert Williams, Esq., attorney for the applicant approached the podium and began detailing the application. He stated that the Pal’s Cabin Restaurant, currently located on this site, will be demolished and developed into a CVS Pharmacy. Mr. Williams stated that the applicant is here requesting site plan approval and a use variance. He said that the Pharmacy is a permitted use in this zone but there is no mention in the West Orange Ordinance of a drive thru window for this use, so therefore it is not permitted. Mr. Buechler asked Mr. Williams if, assuming this Board approves this application, will the CVS Pharmacy located on Eagle Rock Avenue be closed. Mr. Williams stated that there is no plan to simultaneously close that store but there will be testimony regarding this. (2)

Mr. Buechler stated that 24 hour operations are permitted in the Township with conditions. Mr. Williams stated that the Township does permit 24 hour operations but it is a separate police regulation and does not fall within the purview of the Zoning Ordinance. Mr. Williams stated that there are a number of exhibits on boards that they will be presenting. He said that he has prepared reduced versions each of the exhibits; he then distributed those reduced copies to every Board member. Chairman Neuer asked Mr. Williams if the exhibits were pre-marked; Mr. Williams said yes. Chairman Neuer asked Mr. Williams if what was distributed and placed in front of the Board Members is a full package of what all of the exhibits to be presented by his witnesses; Mr. Williams said yes. Chairman Neuer asked Mr. Williams what will happen with the Pal’s Cabin Restaurant operation; Mr. Williams stated that the owners are considering many options. Chairman Neuer advised Mr. Williams if they decide to relocate to Mayfair Farms that would require another application. Chairman Neuer stated that there were two Schedule A’s attached to the application. He said one lists sixteen (16) variances and one lists twelve (12) variances. Mr. Williams said that the original application that they submitted had sixteen variances but it was reduced, by way of amendment, to twelve variances which was part of a second submission. Mr. Buechler stated that the Township’s Planner’s report says that fifteen (15) variances are required. He asked which variance was missing from the list. Mr. Williams stated that they will provide testimony that the parking variance should be eliminated and that the Board will determine that. Chairman Neuer asked Mr. Williams if he noticed properly. Mr. Williams stated that the steep slopes may need a variance, the size of the sign was reduced and the parking variance was eliminated. He said that he noticed for twelve (12) variances and is confident that the notice was sufficient. Mr. Buechler said as the hearing goes on, they will check with Mr. Grygiel to see why his variance list is different. Mr. Wiiliams called his first witness. Sharon Burke approached the podium and was sworn under oath. Ms. Burke detailed her educational background and stated that she is a Civil Engineer licensed in the State of New Jersey since 1999. She said that she has testified

e podium and was sworn under oath. Ms. Burke detailed her educational background and stated that she is a Civil Engineer licensed in the State of New Jersey since 1999. She said that she has testified before numerous Boards in this State regarding similar applications. Chairman Neuer asked Ms. Burke if she worked on projects of similar size and scope; she replied yes. Chairman Neuer accepted Ms. Burke’s credentials as an expert in Civil Engineering. Ms. Burke presented the survey of the property and the existing conditions. Chairman Neuer asked Ms, Burke if she prepared these drawings herself; Ms. Burke replied no. Chairman Neuer [3]

stated that the survey and existing conditions dated 1/5/12, being presented, has been pre-marked as Exhibit A-1 for identification but is not being admitted into evidence. Ms. Burke began detailing the site stating that it is located at the intersection of Eagle Rock Avenue and Prospect Avenue. She said that it currently contains the Pal’s Cabin Restaurant and is in a B-2 Zone which is a general business district. Ms. Burke stated that the Pharmacy is a permitted use in this district but the proposed drive thru requires a “D” use variance. She continued by detailing the ingresses and egresses being proposed. Ms, Burke presented drawing C-3R of the proposed layout and materials plan, with the revision date of 10/25/12. Chairman Neuer stated that this drawing was pre-marked as Exhibit A-2 for identification. Ms. Burke began detailing the layout stating that the applicant is proposing a CVS Pharmacy, She detailed the retail and service area, the receiving area and the upper mezzanine. Ms. Burke also detailed the interior dimensions. Mr. Buechler asked Ms. Burke what the mezzanine will be used for; Ms. Burke said it will be used for storage. Mr, Buechler asked is there is an elevator in the building; Mr. Williams said no, there will be a lift. Ms. Burke referred to the zoning chart and said that the effective lot area was revised. Chairman Neuer asked Ms. Burke where the zoning chart was that she is referring to; Ms. Burke said it was on the front page of the plans. Chairman Neuer asked if the zoning chart was pre-marked; Mr. Williams stated that it was pre- marked as Exhibit A-15 for identification. Ms, Burke stated that they revised the zoning chart because of item #1 in Mr. Keller’s technical review regarding the effective lot area. Ms. Burke detailed the parking lot including the size, configuration and the number of parking spaces. She said that, according to the ordinance, 69 parking spaces are required and they will be providing 80. Ms. Burke noted that the Township Ordinance has revised the dimensions of the parking spaces and that they changed the plans to reflect that. Ms. Burke stated that the main entrance to the store will face the intersection of Eagle Rock and Prospect Avenues. She said there is a maximum of three (3) cars per queue per lane for a total of six (6) cars for both fanes. Chairman Neuer questioned there only being three (3)

on of Eagle Rock and Prospect Avenues. She said there is a maximum of three (3) cars per queue per lane for a total of six (6) cars for both fanes. Chairman Neuer questioned there only being three (3) cars per queue; he said that the lane looks much longer. - Ms. Burke stated that the average transaction time for one customer in the drive thru is 2-3 minutes with a maximum of five minutes. Chairman Neuer asked Ms. Burke approximately how many cars is that per day; she said 30-50 cars per day. Mr. Buechler asked Ms. Burke what she based her times on; Ms. Burke said this is the information she received from the applicant. Mr. Buechler asked if there was an independent study done; Ms. Burke replied no. [4]

Mr. Buechler said that he does not understand why they need two drive-thru lanes instead of one. Chairman Neuer asked Ms. Burke what the dimension was from the entrance to the drive-thru lane; Ms. Burke said approximately 55-60 feet. Chairman Neuer stated that, based on the length of a car, her testimony regarding three cars in a queue is “pushing it” with the dimensions that she just gave him. Ms. Burke said that she can get more data for that. Mr. Buechler stated that there was a prior application that came before this Board and the Fire Department had a concern about emergency vehicles not being able to pass through. Ms. Burke said that they will schedule a meeting with the Fire Marshall. Mr. Bucchler said that before they can vote on this application the Board will need to see a report from the Fire Department. Ms. Burke said that she will try to set up this meeting tomorrow. Ms. Burke presented drawing VM-1 of the Delivery Vehicle & Maneuvering Plan dated 8/13/12. Chairman Neuer stated that this drawing was pre-marked as Exhibit A-3 for identification. Ms. Burke detailed how the delivery vehicles will enter from Prospect Avenue coming from Route 280. Mr. Buechler asked if they will make a left into the driveway; Ms. Burke said yes. Chairman Neuer asked Ms. Burke if the delivery truck could enter if cars are parked in that area; Ms. Burke stated that delivery time is between 7:30-8:00 am and they do not anticipate any cars being parked there during that time of day. Mr. Buechler disagreed saying that he thinks that time of day is the most used time. He said that during the morning rush hour, cars will be pulling in and out of the spots in front of the store at the same time a tractor trailer pulls up to make a weekly delivery. Mr. Buechtler said that other deliveries will also be made more than once a week. Chairman Neuer asked Mr. Williams to find out if some of those parking spaces can be designated as no parking during certain hours of the day. Ms. Burke stated that the delivery truck will not be in the parking spaces; it is in an aisle. Mr. Buechler said that the truck will have a hard time maneuvering at that time of day if cars are pulling in and out. Mr. Williams said that they will take a look at that. Mr. Merklinger stated that the plans were not clear on how the delivery trucks will enter the property and unload. Mr. Keller said that he

d out. Mr. Williams said that they will take a look at that. Mr. Merklinger stated that the plans were not clear on how the delivery trucks will enter the property and unload. Mr. Keller said that he would like to see a diagram of a truck entering the property and exiting the property; Mr. Williams stated that they will provide that. Mr. Buechler questioned the parking spaces shown on the plans stating that it was confusing. Mr. Grygiel stated that it is confusing because the present lines from the Pals Cabin parking spaces are on the plans along with the proposed parking spaces. Ms. Burke stated that she will remove the existing parking spaces and show just the spaces being proposed. She said that the only parking spaces being proposed are in front of the store and not in the rear of the store. Mr. Merklinger asked Ms. Burke if the refuse company will follow the same pattern as the delivery trucks. Ms. Burke said that they will make a separate diagram for every vehicle entering and exiting the property. Ms. Burke began detailing access to the site. She said that there will be no access from Eagle Rock Avenue, the driveway on Woodhull Avenue will be right in and right out only; the first driveway on Prospect Avenue will be right in and right out and the second driveway on Prospect [5]

Avenue will be full access. Mr. Buechler asked if a left hand turn is allowed on Prospect Avenue currently; Mr. Merklinger said there are currently no restrictions. Ms. Burke presented drawing C-4 of the Grading and Drainage Plan dated 8/13/12. Chairman Neuer stated that page C-4 of the Grading and Drainage Plan, dated 8/13/12, has been pre- marked as Exhibit A-5 for identification. Ms. Burke said that they have retained the existing drainage flow pattern in their design. She said that they also tried to minimize the parking and the driveway slopes and said that they had to use a retaining wall to do this. Ms. Burke presented drawing SV-1 of the Section View plan dated 11/6/12. Chairman Neuer stated that page SV-1 of the Section View plan, dated 11/6/12, has been pre-marked as Exhibit A-6 for identification, Ms. Burke described the retaining wall stating that itis 160 ft. in length and wilt run along Woodhull Avenue and that it will be 10-12 ff. in height. Chairman Neuer said that the application states the wall is 12’ high and the fence they are proposing to place on top of the wall was reduced to 4’ high, Ms. Burke detailed where the residences are and where the Pharmacy will be located. Mr. Buechler asked Ms. Burke if there would be access to the site from Woodhull Avenue; Ms. Burke said that the residents would have to walk down the end of the street to the entrance. Mr. Buechler asked Ms. Burke if the drainage would go into Woodhull Avenue. Ms. Burke referred to the drainage plan and stated that there are inlets in the northwest corner of the retaining wall that will pick up the surface run off. She said that she will review this with Mr. Keller. Chairman Neuer asked Ms. Burke what materials they will be using for the retaining wall; she replied that it will be a modular block retaining wall designed by a Structural Engineer. There was discussion about the grade change from where the parking lot ends and Woodhull Avenue; Ms. Burke stated that they will be raising the grade of the parking lot significantly. Mr. Steinhart asked Ms. Burke if they will be cutting and filling; Ms. Burke said it will be mostly filling, Chairman Neuer asked Ms. Burke if the retaining wall is lower than the existing Pals Cabin Restaurant; she replied yes. Ms. Burke stated that presently the impervious coverage is at 88% and will be going down to 60% thereby improving

the retaining wall is lower than the existing Pals Cabin Restaurant; she replied yes. Ms. Burke stated that presently the impervious coverage is at 88% and will be going down to 60% thereby improving an existing non-conforming condition. Ms. Burke presented drawing C-5 of the Utility Plan dated 8/13/12, Chairman Neuer stated that drawing C-5 of the Utility Plan, dated 8/13/12, has been pre-marked as Exhibit A-7 for identification. Ms. Burke detailed the Utility Plan. Ms. Burke presented drawing LT-1 of the Lighting Plan dated 8/13/12. Chairman Neuer stated that drawing LT-1 of the Lighting Plan, dated 8/13/12, has been pre-marked as Exhibit A-8 for [6]