March 21, 2013

asked that the Board approve the variances requested and also approve the recommendation for the tree removal and the soil removal permit. Chairman Neuer opened the floor to discussion by the Board members. Mr. Quentzel said that Essex County should have to approve the soil removal. Mr. Williams said that West Orange has to approve it because they have their own soil removal program. Chairman Neuer stated that this Board’s approval is subject to ail applicable Essex County approvals. Ms. Weiss made a recommendation that the Board approve this application. She said that she would prefer that the drive thru close by midnight and open at 7am. Ms. Weiss said that she also has some concerns about the Woodhull Avenue driveway. She suggested that if the application is approved and that driveway does not work out that the applicant must come back to this Board. Ms. Gabry said that the Board spoke earlier about putting up a “local traffic only” sign and this might help Mr, Lewis’ concerns. She also said that she would rather see a CVS store there than an abandoned site. Mr. Sussman said that he is also in favor of this application because it is a benefit to the Township. He said that he is concerned about the issues that Mr. Lewis raised and asked if it would be possible to move the driveway back a short distance or have another driveway on. Prospect Avenue remain open. Chairman Neuer said that the driveway on Woodhull Avenue cannot be relocated according to testimony from the Traffic Engineer. He also said that to propose another driveway remaining open on Prospect Avenue is not feasible at this time. The Chairman stated that testimony was presented that ingress and egress was safe and efficient; the Board should not attempt to re- design the project. Ms. Weiss said that the Engincer stated that it would be safer closing the two driveways on Prospect Avenue. Mr. Bullock said that he agrees with Mr. Sussman and Ms. Weiss and thinks that Mr. Lewis’ concern is valid. Mr. Merklinger also suggests that the Board approve this application and said that he does not see any problem with a 24 hr. / 7 days a week drive thru. Mr. Buechler said that he thinks it is a positive step reducing it to one drive thru. He said he has some concerns with some of the lighting in the back of the store and he would vote in favor of limiting the single drive thru from 7am — 12

positive step reducing it to one drive thru. He said he has some concerns with some of the lighting in the back of the store and he would vote in favor of limiting the single drive thru from 7am — 12 midnight.