March 7, 2013

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.