January 10, 2013

houses in the area are two family homes and not three family homes. Mr. Buechler stated that a parking variance is needed and the stacked parking that they are proposing is not recognized by our ordinance and is difficult to enforce. Ms. Gabry stated that she agrees with Mr. Buechler. She said that this is not a positive benefit for the general welfare of the public. Mr. Bullock stated that he also agrees with Mr. Buechler and that he is not in favor. Chairman Neuer stated that he has respect for Mr. Campanile as a crédible and experienced practitioner.. He stated that the house was a two family when the applicant purchased it and that he never should have spent $200,000 without taking some steps to verify that he could use it as a three family house. Chairman Neuer stated that, in terms of the Use variance, there is a high burden of proof on the applicant. He said that having tenants on all three floors is an illegal use and that while it is not the place of this Board to punish (that is up to the Municipal Court) this Board is required to render its decisions based on the applicant making his case. He said that Mr. Marucci did not prove anything and he personally had some issues of the credibility of Mr. Longo. Chairman Neuer said that Mr. Longo admitted that he never went to the town to verify if it was a two family or a three family and that he will vote no and urge the other Board members to vote no. Chairman Neuer moved to deny this application supplemented by Mr. Buechler’s comments. Mr. Bullock seconded the motion to deny this application. The vote was as follows: Buechler: Yes to deny Steinhart: Yes to deny Bullock: Yes to deny Sussman; Yes to deny Gabry: Yes to deny Weiss: - Merklinger: Yes to deny Zaolino: - Quentzel: Abstained Chairman Neuer Yes to deny 2 ZB-12-20/First Hartford Realty Corp., Carried from 11/8/12 Designated Agent for CVS Block: 153.16; Lot: 1-6 & 24-27 265 Prospect Avenue “D” Use variance & “C” variances for building a CVS Pharmacy EXHIBITS A-2a - Layout and Materials plan - sheet 3CR dated 12/20/12 (remarked A-16) A-17- Grading & Drainage Plan ~ shect C-4 dated 12/20/12 A-18 — Utility Plan — sheet C-5 dated 12/20/12 A-19 — WB-62 Delivery Vehicle Maneuvering Plan — sheet VM-1 dated 12/20/12 A-20 — Compactor Roll-Off Maneuvering Plan — shect VM-2 dated 12/20/12