March 7, 2013

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT SPECIAL MEETING March 7, 2013 The West Orange Zoning Board of Adjustment held a special meeting on March 7, 2013 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 February 21, 2013 in accordance with the “Open Public Meetings Act.” Chairman Neuer asked everyone to stand for the Pledge of Allegiance Alice Beime, Esq., Board Attorney, read the Opening Statement. PRESENT: B. Buechler, D. Gabry, W. Merklinger, P. Neuer, B. Quentzel, W. Steinhart, M. Sussman, A. Weiss ABSENT: G. Bullock (excused absence) L. Zaolino (unexcused 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: March 21, 2013 (Regular Meeting) - 8:00 PM April 18, 2013 (Regular Meeting) — 8:00 PM May 23, 2013 (Regular Meeting) — 8:00 PM MINUTES Adopt Minutes: February 21, 2013 (Regular Meeting) Vice Chairwoman Gabry made a motion to approve the minutes; Mr. Steinhart seconded the motion. All were in favor to approve the minutes of the regular meeting held on February 21, 2013.

SWEARING IN Consulting Engineer, Eric Keller and Consulting Planner for the Township, Paul Grygiel were sworn under oath. APPLICATION 1. ZB-12-20/First Hartford Realty Corp., Carried from 1/10/13 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-29 - Layout & Materials colored rendering sheet CR-3 - revision date 2/25/13 A-30 — Revised Drainage & Grading Plan sheet C-4 — revision date 2/25/13 A-31 — Planting Plan sheet L-01 revision date 2/25/13 A-32 — Utility Plan sheet C-5 -~- revision date 2/25/13 A-33 — Delivery Vehicle Maneuvering Plan Sheet VM-1, 2, 3 — revision date 2/25/13 A-34 — Lighting Plan sheet LT-1 — revision dated 2/25/13 A-35 — Reduced version of layout and materials colored rendering - sheet CR-3 A-36 —Surmary of Variance Relief prepared by Peter Steck — 3/7/13 A-37 — Variance Schedule A — revision dated3/7/13 A-38a—Letter addressing Traffic Impact Assessment Report comments prepared by Gary Dean — dated 12/18/12 A-38b- Traffic Impact Assessment Report — dated 8/28/12 A-39 — Peter Steck’s Planners Report dated 10/25/12 DISCUSSION Chairman Neuer stated that this is a special Zoning Board meeting that was requested by CVS Pharmacy that has been carried from the special meeting held on 1/10/13 and will be the only application heard at this meeting. The Chairman then asked if anyone was present at this meeting for any other application since if they were then while they were welcome to observe this application there would be no other matters heard tonight. Seeing none the Chairman asked the attorney for CVS to approach. Robert Williams, Esq. approached the podium and detailed his perceptions of what transpired at the meeting on 1/10/13. He stated that the applicant was required, by this Board, to re-submit certain materials and that Mr. Keller submitted an updated memo addressing these submissions. Chairman Neuer noted for the record that the applicant has submitted many responses to comments and inquiries from the Board and its professionals to the Board as required.

Mr. Williams referred to Mr. Keller’s memo dated 3/1/13 and stated that the applicant has agreed to comply with all of the comments in this report and that they will address them at this meeting. .Mr. Williams stated that the applicant submitted a tree removal application and that the Township Forester, John Linson, submitted his report dated 3/7/13. He said that the applicant has agreed to make the adjustments that Mr. Linson suggested in this report. Mr. Bucchler stated that, at the last meeting, the applicant was asked to submit a list of all the drive-thru Pharmacies; Mr. Williams stated that that list was submitted to the Board Secretary. Copies of that list were circulated to the Members of the Board. Mr. Williams re-called Sharon Burke, Chairman Neuer stated that Ms, Burke will continue under oath as an expert in the field of Engineering. Mr. Williams asked Ms. Burke if she submitted revised plans as requested by this Board; she replied yes. Chairman Neuer asked Mr. Williams if Mr. Keller’s memo was issued after the plans were re- submitted; Mr. Williams said yes. Chairman Never stated for the record that the memo from Mr. Keller dated 3/1/13 is part of the file and does not need to be marked as an Exhibit. Chairman Neuer referred to #3 of Mr. Keller’s memo regarding an existing depressed curb along Prospect Avenue that is adjacent to the southerly property linc that is being used by the adjacent property owner as a parking pad. He asked Mr. Williams if the applicant would consent to an easement as a condition if the application is approved. Mr. Williams said they will not consent to giving them an easement because CVS will be the lessee of the property and has determined to close it. Chairman Neuer instructed Mr. Williams to notify that neighbor that they can no longer park there or utilize that piece of property and to send a copy of that notice to the Board Secretary. The Chairman stated that the Board wants to make sure that the neighbor is protected and afforded the opportunity to appear before the Board before a vote is taken. Mr. Williams referred to #4 of Mr. Keller’s memo regarding the soil removal plan and asked Ms. Burke to address it. Ms. Burke said that Mr. Keller has concerns regarding how the applicant would get the soil there because it is coming from off site. Ms. Burke said that the soil will be brought in using Route 280.

t. Ms. Burke said that Mr. Keller has concerns regarding how the applicant would get the soil there because it is coming from off site. Ms. Burke said that the soil will be brought in using Route 280. She said that once a contractor is hired they will instruct them to work with Mr. Keller providing him the final information. Ms. Weiss asked Mr. Keller why they care how the soil is being brought in; Mr. Keller said the soil removal permit requires that they submit that information. Chairman Neuer referred to #5 of Mr. Keller’s memo and asked him if he was requiring the applicant to make the driveway on Prospect Avenue larger. Mr. Keller said that they do not have to make that driveway larger. He said that that the truck will cross a double yellow line while exiting from that driveway, which is not appropriate, but the Essex County Planning Board will address that matter.

Chairman Neuer stated that this application has to go before the Essex County Planning Board and asked Mr. Williams if he filed an application with them yet. Mr. Williams said they have not filed the application yet but they have met with the County and are working on the application. Chairman Neuer said that if the County has any changes then the applicant must come back to this Board to explain the changes. Mr. Williams referred to #6 of Mr. Keller’s memo and asked Ms. Burke if the lights will remain on all night; Ms. Burke replied yes. Ms. Weiss asked Mr. Keller if he was in favor of the lights being on all night. Mr. Keller said yes because it is a 24 hour store, Ms. Weiss asked Mr. Keller if the lights being on all night would affect the neighbors on Woodhull Avenue. Mr. Keller said that Pals Cabin currently has lights on all night and he does not think it will negatively affect the neighbors. He said that the lighting plan is much better than the applicant originally proposed and that the neighbors would have to look into the site to see the lights, Mr. Keller also said that there are not many lights in the back. Chairman Neuer stated for the record that Ms, Weiss is a regular member of the Zoning Board and she has read all of the transcripts from the applicant’s previous meetings, has signed the confirmation of those facts and will be eligible to vote on this application. Mr. Williams referred to #7 of Mr. Keller’s memo which requested that the Township Forester provide his comments in respect to the Tree Removal permit and the Landscaping Plan. He referred to Mr. Linson’s report dated 3/7/13 which contained those comments and stated that the landscape plan is appropriate. Mr. Williams said that Mr. Linson did list two issues and said that the applicant will comply. Chairman Neuer stated for the record that Mr. Linson recommended preserving two existing white pine trees and planting additional perennials and herbaceous plants within the planting bed and also removing the existing Black Locust tree and replacing it with a mixture of evergreen and deciduous flowering trees to provide suitable screening. Mr. Williams referred to #8 of Mr. Keller’s memo regarding the applicant providing revised sign drawings. Mr. Keller stated that, according to the Township ordinance, the sign letters cannot extend more than 12” from the building and recommended

emo regarding the applicant providing revised sign drawings. Mr. Keller stated that, according to the Township ordinance, the sign letters cannot extend more than 12” from the building and recommended including a note or other legend to that effect on the sign drawings that were provided. Mr. Williams said that the applicant will comply. Mr. Williams stated that the applicant has provided information about the compactor. Ms. Burke detailed the compactor’s specifications that were submitted with the application. Mr. Keller requested that the model number for the compactor should be placed on the plans. That will be complied with by the Applicant

Chairman Neuer asked if there were any further questions for Ms. Burke by Members of the Board or its professionals; seeing none, Chairman Neuer asked if any member of the public has any questions for Ms. Burke; seeing none the witness was excused. Mr. Williams called his next witness. Gary Dean approached the podium and was sworn under oath. Mr. Dean detailed his educational and professional background as a licensed professional Traffic Engineer in the State of New Jersey and stated that he has testified before other Boards. Chairman Neuer accepted Mr. Dean as an expert in the field of Traffic Engineering. Chairman Neuer referred to a Traffic Impact Assessment report dated 8/28/12 and a letter dated 12/18/12 from Mr. Dean addressing the comments expressed in a memo prepared by Omland Engineering dated 10/29/12, The Chairman asked Mr. Dean if he prepared the 8/28/12 report and the 12/18/12 letter; Mr. Dean replied yes. Chairman Neuer asked Mr. Dean if he was to ask him to read the report and the letter referenced above, would it constitute his testimony tonight; Mr. Dean replied yes. The Chairman asked to have the Traffic Impact Assessment dated 8/28/12 marked as Exhibit A-38a and the letter from Mr. Dean addressed to the Board dated 12/18/12 marked as Exhibit A-38b for identification. Mr, Dean referred to sheet CR-3 of the Layout & Materials colored rendering with a revision date of 2/25/13. Chairman Neuer stated that sheet CR-3 of the Layout & Materials colored rendering with a revision dated of 2/25/13 was pre-marked as Exhibit A-29 for identification. Mr. Dean began detailing the ingresses and egresses to and from the site shown on the rendering. He said that it is his opinion that the CVS Pharmacy will generate less traffic then Pal’s Cabin Restaurant does now. Mr, Dean stated that directing the traffic to signalized intersections will also be much safer. Mr. Dean addressed #1 of Mr. Keller’s report dated 3/1/13 regarding the second drive-thru window that is being proposed. He said that almost every CVS store that has drive-thru windows has two because it provides better service to their customers. Mr. Dean said that the drive-thru is a convenience for the customer. He said that a transaction could take 3-5 minutes if the customer needed to consult with the pharmacist and the next customer would have to wait which could create stacking, Mr. Dean

for the customer. He said that a transaction could take 3-5 minutes if the customer needed to consult with the pharmacist and the next customer would have to wait which could create stacking, Mr. Dean said that it reduces an impact on the neighborhood and just works better to provide the highest service to the customer. Chairman Neuer asked Mr. Dean if that was the only reason; Mr. Dean said yes because it is a better design. Mr. Quentzel asked Mr. Dean if they could make the two drive-thru windows one lane. Mr. Dean said the lanes will alternate and it would be virtually impossible for a customer to leave at the same time because one employee takes care of both drive-thru windows.

Ms. Weiss stated that she visited one of the CVS stores that had a drive-thru window and spoke to one of the employees. She said that the employee stated that if a customer wanted to talk to the pharmacist they would have to come inside of the store. Ms. Weiss asked Mr. Dean to explain how one person can work both of the drive-thru windows. Mr. Dean said that the outer lane is served through a pncumatic tube like the ones used at a bank drive-thru, He said that the outer lane is usually used just to drop off a prescription. There was some discussion regarding how a customer would know that the outer lane is used just for drop-off because there would be no signage designating that requirement. Mr. Buechler referred to Mr. Dean’s report and asked him how he made the determination that all movements at the intersection of Woodhull and Eagle Rock Avenue operate at service D or better at all hours of the day. Mr. Buechler stated that his recollection is that every traffic expert who has testified before this Board, for applications that involve this intersection, has stated that it operates at level F. Mr. Dean stated that depending on the time of the day certain movements operate at level F, He said that levels of service at certain peak hours operate at D, E and F levels and that he explains all of the levels at all of the hours of the day in his report. Chairman Neuer asked Mr. Dean if the levels of service were determined before or after the County made some improvements to the intersection; Mr. Dean replied after. Mr. Dean said that at certain times it does operate at level F. He said that even if Pal’s Cabin Restaurant stays on the site, they will also have a traffic impact at this intersection. Mr. Buechler asked if both of the drive-thru windows will operate 24/7; Mr. Williams said that they will provide testimony to answer that question tonight. Ms. Gabry asked Mr. Dean if he made any observations on how far back the traffic is backed up for the cars heading north; Mr. Dean said that traffic backs up beyond the site. He said that for this reason they have restricted a left turn out of the site on Prospect Avenue. Mr. Steinhart stated that he has concerns about the functioning driveway on Woodhull Avenue. He said that there will be more traffic on Woodhull because Team Capital bank’s driveway also exits on Woodhull Avenue. He said that it is not

ncerns about the functioning driveway on Woodhull Avenue. He said that there will be more traffic on Woodhull because Team Capital bank’s driveway also exits on Woodhull Avenue. He said that it is not good now and he thinks it will become worse. Chairman Neuer stated that the changes that they are making are going to have a negative impact on Woodhull Avenue. He said that this Board wants to make sure there is safe and efficient egress and ingress before the variances are granted. Mr. Dean said that the driveway on Woodhull Avenue carries very little traffic. He said that during the peak hour there were 20 cars on Woodhull Avenue and the level of service is C. Mr. Steinhart asked Mr. Dean how many vehicles can queue from the stop line on Woodhull; Mr. Dean said three vehicles can queue and the fourth vehicle exiting CVS would wait in the driveway.