April 3, 2013

The Board voted on the Application as follows: Motion: Chairman Bagoff Second: Mr. Ghebremicael Carlucci: - Eben: Y Ghebremicael: Y Gurland: Y Heller: Y Klein: Y Lester: - McCartney: Y Weston: Y Wilkes II: - Bagoff: Y APPLICATION PB-13-07/Village Supermarket Inc., d/b/a Shop Rite Block: 155.21; Lot: 40; Zone: P-C 1 Rooney Circle Preliminary and final site plan without variances to operate 24-hour business. EXHIBITS None DISCUSSION Joseph H. Alessi, Esq., attorney for the Applicant, told the Board the Applicant, Village Super Market Inc., was seeking to extend its operation to be opened twenty- four hours. As indicated in West Orange ordinance 4-9.1, the Applicant was to comply with the regulations of the West Orange Police Department; the Applicant was also required to have site plan approval, which had been granted several years ago. Enzo Pavese, AIA, The Pavese Group, P.A. was sworn in and accepted by the Board to be an expert witness in architecture. Mr. Pavese advised the Board he had designed the original project; he stated the site plan that was part of the current Application was the same as the original site plan. Mr. Eben opined that the original Langan Engineering site pian, in the easterly corner was there was confusion as to the way the parking spaces were laid out. Referencing the Overall Site Plan dated March 14, 2013; he asked Mr. Pavese how the parking was laid out because it appeared to show double parking. Mr. Pavese said the darker lines on the plan indicated what was currently on the site. The parking stalls were in an east-west pattern. Mr. Eben said he would like to see a cleaned-up site plan; he did not think the disabled parking was correctly indicated. Mr. Grygiel said that some items were not on the submitted site plan but that anything not shown on the current plan would be included in the plans submitted for subsequent Applications. Chairman Bagoff asked if the Application’s site plan was sufficient for the ordinance being discussed. Mr. Grygiel answered in the affirmative. Vito Altieri, General Store Manager, West Orange Shop Rite, was sworn in and accepted to be an expert witness. Mr. Altieri said the store wanted to move to a twenty-four hour operation for the convenience of the community. He gave a brief recapitulation of comments from Sergeant John Morella of the West Orange Police Department in his report dated

ove to a twenty-four hour operation for the convenience of the community. He gave a brief recapitulation of comments from Sergeant John Morella of the West Orange Police Department in his report dated March 13, 2013. Mr. Altieri discussed the outstanding issues, which included the amount of money permitted in the cash NAPLANNING.BRD\WPIMINUTES|2013\4-3-13 Minutes.doc 41