March 7, 2013

Mr. Steinhart asked Mr. Dean how many cars would enter CVS from Woodhull Avenue; Mr. Dean said one car every five minutes on average during peak time. Mr. Merklinger stated that there was previous testimony that a customer would have to go inside the store for a consultation. He then stated his observations that Woodhull Avenue may become a bottleneck because cars going east and west on Eagle Rock Avenue would use that driveway. Mr. Dean said that if Woodhull Avenue were a busier road he would agree but it has very little traffic. Mr. Buechler asked Mr. Dean if an employee will come outside to block the bypass lane when a tractor trailer is entering the driveway from Prospect Avenue for deliveries so that other cars will know a truck is entering. He said that prior testimony stated that the track would back into the loading zone. Mr. Dean referred to the Delivery Vehicle Maneuvering Plan and detailed how the truck will enter and back into the loading zone. Chairman Neuer noted for the record that sheet VM-1, 2, 3 of the Delivery Vehicle Maneuvering Plan with a revision date of 2/25/13 was pre- marked as Exhibit A-33 for identification. Mr. Dean stated that the truck can also swing wider and could pull into the loading zone but that would depend on the driver. Chairman Neuer stated that a condition was previously accepted by the Applicant that the deliveries would be between midnight and 4AM only. Chairman Neuer called for a recess at 9:40 pm. Chairman Neuer resumed the meeting at 9:53 pm. Chairman Neuer asked Mr. Dean how many lanes exit the shopping center on Eagle Rock Avenue; Mr. Dean said his perception is that there are two lanes and he analyzed it as two lanes. Chairman Neuer asked Mr. Dean if he analyzed how many cars come in and out of the other CVS on Eagle Rock Avenue; Mr. Dean said yes. He said that the projections in his report are higher and are an overestimate of future traffic. Chairman Neuer referred to page 6 of Mr. Dean’s report and asked him if the applicant has considered any additional right of ways; Mr. Dean replied yes. He said that there have been discussions with the County about a right tum dedicated lane onto Eagle Rock Avenue. Chairman Neuer said there is a right turn dedicated lane there now. Chairman Neuer asked Mr. Dean how many cars can stack in the queue in the drive-thru; Mr. Dean stated that his report identified

e. Chairman Neuer said there is a right turn dedicated lane there now. Chairman Neuer asked Mr. Dean how many cars can stack in the queue in the drive-thru; Mr. Dean stated that his report identified three cars in each lane for a total of six. He said they can probably get seven cars in his opinion. Chairman Neuer asked Mr. Dean to identify the benefit of two drive-thru lanes are from a Traffic Engineering stand point, Mr. Dean said so that the cars do not back up. Chairman Neuer asked Mr. Dean if he knew how long someone could tolerate waiting in a drive- thru Jane; Mr. Dean did not know. Chairman Neuer said, based on his experience, someone can

wait in a lane for six minutes and if they only have to wait six minutes they do not need two Janes. Mr. Keller suggested that the applicant put up a sign that says “do not block driveway” to prevent a potential queue on Woodhull Avenue. Mr. Dean said that he does not think there will be a queue because traffic is very light on Woodhull Avenue. The Chairman asked if there were any further questions from Members of the Board or its professionals for Mr. Dean; there were none. The Chairman asked if any members of the public had any questions for Mr. Dean. Marlon Lewis approached the podium and stated that he lived at 10 Woodhull Avenue. He asked Mr. Dean if he thought that three quarters of the traffic exiting the site would use the Woodhull Avenue driveway; Mr. Dean replied that this was possible. Mr. Lewis asked Mr. Dean if he thought that there will still be only three cars queuing along the driveway adjacent to Woodhull Avenue; Mr. Dean replied yes. Mr. Lewis asked Mr. Dean if there was going to be any signage on Woodhull Avenue; Mr. Dean said that there will be some very low elevation signs and some standard roadway signs that say “do not block driveway”. Mr. Lewis asked Mr. Dean if he thought that they should have a sign on Woodhull Avenue that says “local traffic only”; Mr. Dean replied no. Chairman Neuer asked Mr, Williams if the applicant would agree to a condition of having a “local traffic only” sign placed on Woodhull Avenue; Mr. Williams said there would be no objection to that. There were no other members of the public that had questions for Mr. Dean. Mr. Williams called his next witness. Anthony Gallinari approached the podium and was sworn under oath. Mr. Gallinari stated that his is the Vice President of Acquisitions at First Hartford Realty who is sourcing for CVS Pharmacy. Mr. Williams asked Mr. Gallinari if CVS will be open for 24 hours; Mr. Gallinari said yes. He said that the drive-thru windows will also be open for 24 hours. Mr. Williams asked Mr. Gallinari to explain why CVS will need two drive-thru windows. Mr. Gallinari said that in response to a broader demographic there is more need and more demand. He said that there will be more population in the future because of the baby boom and said that the two drive-thru windows are in preparation for growth.

Mr, Buechler asked Mr. Gallinari if the proposed drive-thru windows are for prescriptions only; Mr. Gallinari replied yes. Mr. Quentzel asked Mr. Gallinari where he got his baby boom statistics from; Mr. Gallinari said from the United States Census. Mr. Gallinari stated that the two drive-thru windows are full service. He said the outside window is a pneumatic tube and a customer cannot pick up from there. Mr. Gallinari said that most pick- ups are from the inside window. He said by nature, people will go to the inside window for pick- ups and most drop-offs from the second window. Mr. Buechler asked Mr. Gallinari how he based his testimony; Mr. Gallinari said from the pharmacists that work at the store. Chairman Neuer asked Mr. Gallinari to state the percentage of customers who utilize the drive- through and the response was 4%. Chairman Neuer asked Mr. Gallinari if CVS does not get approval for two drive-thru windows will they abandon the project; Mr, Gallinari said that he cannot answer for CVS. Mr. Williams said that Mr. Gallinari cannot make that decision for them. Chairman Neuer asked Mr. Gallinari how many of the CVS stores who do not have a drive-thru window had to come back before a Board to ask for one. Mr. Gallinari said some stores have but not a majority of them have. Mr. Gallinari said that with one drive-thru lane, a customer who is waiting over six minutes will leave and go to a Rite Aid that has two drive-thru lanes so that they do not have to wait. He said CVS is trying to avoid this. Mr. Gallinari said that there is a strong demand by the public for drive-thru windows. Chairman Neuer asked Mr. Gallinari what his projection is about increase of use in the next five years; Mr. Gallinari could not give a definite percentage. Ms. Weiss asked Mr. Gallinari how many CVS stores in the state of New Jersey have two drive- thru windows; Mr. Gallinari replied 81 CVS stores have dual drive-thru windows. Ms. Weiss asked Mr, Gallinari ifit is possible to have a drive-thru window that is not open for 24 hours; Mr. Gallivari replied yes. Ms. Weiss asked Mr. Gallinari if the CVS stores with 24 hour drive-thru windows are on a main street; Mr. Gallinari said that most of them are on busier intersections. Ms. Weiss asked Mr. Gallinari about the safety of the drive-thru and asked if they have had any incidents; Mr. Gallinari said none that he is

inari said that most of them are on busier intersections. Ms. Weiss asked Mr. Gallinari about the safety of the drive-thru and asked if they have had any incidents; Mr. Gallinari said none that he is aware of. He said that he only knows of some incidents inside of stores where they have had theft which is mostly shoplifting. Mr. Steinhart asked Mr. Gallinari if they are building a CVS store on Rt. 10 in Livingston New Jersey where the old Saturn dealership was; Mr. Gallinari replied yes.

Mr. Steinhart asked Mr. Gallinari if there are any restrictions to turning out of the driveways and did the drive-thru need a variance; Mr. Gallinari said that he did not know. Mr. Steinhart asked Mr. Gallinari if the store is going to be open for 24 hours; Mr. Gallinari said he did not know. Mr. Steinhart asked Mr. Gallinari where the drive-thru will be situated; Mr. Gallinari said that it will be in the rear of the building. Mr. Merklinger asked Mr. Gallinari if they would consider outside drop-off only and inside consultation only; Mr. Gallinari said that it would be possible and he will ask CVS if they would accept that as a condition. Chairman Neuer asked if there were any further questions from Members of the Board and its professionals for Mr. Gallinari There were none. Chairman Neucr asked if there were any members of the public that had any questions for Mr. Gallinari. There were none. Mr. Williams called his next witness. Peter Steck approached the podium and was sown under oath. Mr. Steck detailed his educational and professional background as a Professional Planner licensed in the State of New Jersey. Chairman Neucr accepted his credentials as an expert in Professional Planning. Chairman Neuer asked Mr. Steck if he prepared the planners report, dated 10/25/12, that was submitted to this Board; he replied yes. The Chairman asked Mr. Steck if he asked him to read this report into the record verbatim, would that constitute the basis of his testimony; Mr. Steck replied basically yes with some revisions to the plans that were revised. The Chairman asked to have Mr. Steck’s report marked as Exhibit A-39 for identification. Mr. Steck stated that the CVS is proposing to construct a pharmacy with a drive-thru component at this site. He said that nothing in the Township ordinance prohibits a drive-thru, but because it is ina B-2 retail business zone it is not permitted and requires a “D” variance. Mr. Steck stated that a revised list of variances was submitied because, as the application evolved, the variances lessened. Mr. Steck referred to the handout that was given to the Board members listing the variances that are being requested. Chairman Neuer asked to have Schedule A listing the variances being requested with a revision date of 3/7/13 marked as Exhibit A-37 for identification. Mr. Steck listed all of the variances that the applicant is

uer asked to have Schedule A listing the variances being requested with a revision date of 3/7/13 marked as Exhibit A-37 for identification. Mr. Steck listed all of the variances that the applicant is requesting. Mr. Steck detailed his opinions as a licensed professional planner of the positive and negative criteria and stated that, from a Planning perspective, the second drive-thru offers convenience to the customers. He said that by the customer remaining in their car during the evening hours it

will provide them security. Mr. Steck stated that another benefit of remaining in their cars would be during inclement weather. He said that it is also very convenient for parents having small children with them. He said that neither one nor two drive-thru windows will be a detriment to the Zoning Ordinance. The Chairman noted the time was 11:00 pm and stated that the Board adjourns at this time. He asked the Board members if they wanted to stay longer to have Mr. Steck finish his testimony or if they wanted to adjourn; the consensus of the Board was to adjourn. Chairman Neuer said that the application will be carried to the regular Zoning Board meeting on 3/21/13 and that no further notice will be required. Mr. Williams said that Mr. Steck may not be able to attend on 3/21/13; Chairman Neuer told Mr. Williams that if Mr. Steck cannot make this date then he must appear and request a special meeting, ADJOURNMENT. The meeting was adjourned by Chairman Neuer at 11:08 pm Approved: March 21, 2013 Luff of, FZ. Load oY ana [S Rose DeSena Zoning Board Secretary