06 Previous PB and ZBA Decisions

Exhibit Date D August 17, 2000 Board Description of Resolution/Approval Zoning Board Determination that doctrine of res judicata is not applicable to bar Applicant from proceeding with their application to obtain a “d” variance and for “c” variances connected therewith for premises located at 451-471 Mt. Pleasant Avenue, which shall include demolishing the existing 2 family dwelling with garage in rear of Lot 8.04 in order to construct a “satellite” building for 2 offices or stores to be part of the Metropolitan Plan Exchange Strip mall. ZB-00-12 E October 19, 2000 Zoning Board Approval of application for: 1) a “d” variance to allow two principal uses on the same lot, for the purpose of demolishing the existing dwelling type structure and garage in the rear on Lot 8.04 and to combine Lot 8.04 with Lot 5, and erect a one story free standing retail building of 3,240 square feet; 2) various “c” variances for excessive lot coverage (84.8% instead of 60% permitted), permission to have 182 parking spaces instead of 215 as required, minimum sidewalk width of 4 feet instead of 5 feet, dispensation of 75 foot buffer to the residential area required in addition to setback requirements, excessive maximum lot coverage, identification ground sign installation and waiver of submission of an Environmental Impact Statement; 3) amended site plan approval; and 4) consolidation of all lots into one lot. ZB-00-12 F July 6, 2006 Planning Board Amended preliminary and final site plan approval for the addition to the Metropolitan Plant Exchange of an overhead canopy. PB-05-57 G July 6, 2006 Planning Board Amended preliminary and final site plan approval with parking variance (239 parking spaces required and 168 provided) to renovate an existing retail store to be used as a bagel shop with no more than 36 seats. PB-06-11 H February 3, 2010 Technical Review Committee of the Planning Board Technical site plan approval, without variance, to operate a restaurant (“Julio’s”) with no more than 48 seats. PB-10-01T 2 3226763.1 100724-109634