06 Previous PB and ZBA Decisions

WHEREAS, the Applicant presented the argument regarding res judicata through his attorney,Lawrence B.Diener,Esq.,who gave oral argument without any testimony being offered; and the submissions included Area Map,Title Survey,Topo Survey & Existing Conditions ,General Site Plan, Site Plan Detail ,Grading,Drainage,Soil Erosion; Construction Details & Erosion Notes; all prepared and signed by M.Lan7afama & H.Keller,Professional Engineers and all revised April 10,2000;Landscape Plan prepared and signed by Brian S. Conway,Licensed Engineer,dated November 12,1998;Floor Plans, Elevations, Sign Detail, prepared and signed by Harold Glucksman,Licensed Architect dated February 22,2000 and Engineering Report and Drainage Plan signed and prepared by Gary Szelc,Professional Engineer, and dated April 14,2000; and WHEREAS, the attorney for the Applicant pointed out that in the new application a drainage plan which provides for the installation for a "dry well" in the parking lot has been provided which was not included in the prior application; that the bridge inspection regarding the new application has been performed which includes core testing and a load rating, whereas the prior inspection was only a visual one;that the within application contemplates 2 stores that will be either retail and/or professional office space without any specific tenant; that a traffic engineer has been retained to do a professional traffic survey with this application which was not done before; and that the prior application consisted of a free standing building containing 3,600 square feet whereas the new application has been revised to scale the building down to 3,240 square feet with dimensions of 60 feet by 54 feet,thus reducing the depth by 6 feet . Further the easterly side yard will be increased by 4 feet and the sidewalk will be increased to 8 feet. Further changes include eliminating both the sidewalk at the rear ofthe building and the Page 2 RESPONSE TO OPRA 2023-1028_000436