March 21, 2013

2. ZB-12-20/First Hartford Realty Corp., Carried from 3/7/13 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 DISCUSSION Robert Williams, Esq. approached the podium and detailed his perceptions of what transpired at the last meeting concerned with this application held on 3/7/13. He said that the applicant is now seeking to amend the application from a dual drive thru to a single drive thru. Mr. Williams stated that they would like to reserve the right to return to the Board in the future, if need be, for the dual drive thru. Mr. Buechler said that if the application is approved they must submit revised drawings; Mr. Williams agreed to that. Chairman Neuer granted the amendment and said that the plans must be revised to a single drive thru lane if the application is approved. Mr. Williams stated that at the last meeting the applicant’s Planner, Peter Steck, testified before the Board. He said that Mr. Steck referred to his planning evaluation report, which was marked as Exhibit A-36 for identification, which constituted the basis of his testimony. Mr. Williams re-called Peter Steck. Mr. Steck approached the podium. Chairman Neuer said that Mr. Steck having sworn at the last meeting will continue under oath. Mr. Steck acknowledged that fact. The Chairman referred to page 1 of Mr. Steck’s report noting, for the record, that this Board is not the West Orange Board of Adjustment. He said the correct title of this Board is the West Orange Zoning Board of Adjustment. Chairman Neuer asked if any members of the Board had any questions for Mr. Steck. Ms. Weiss said that they were discussing the Livingston CVS at the last meeting and asked Mr. Steck if he verified the hours of operation of that store. Mr. Steck said that he does not know but the representative of CVS who is present may have that information. Ms. Weiss asked Mr. Williams if Livingston allows stores to be open 24 hours; Mr. Williams replied no but said that West Orange does allow it.