April 24, 2014

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT SPECIAL MEETING April 24, 2014 The West Orange Zoning Board of Adjustment held a special meeting on April 24, 2014 commencing 8:00 PM at 66 Main Street, West Orange, N.J. in Council Chambers. Chairwoman Gabry called the meeting to order at approximately 8:00 P.M. It was announced that notification of this meeting was given to the Township Clerk, the West Orange Chronicle, and posted on the Township Bulletin Board on April 4, 2014 in accordance with the “Open Public Meetings Act.” Chairwoman Gabry asked everyone to stand for the Pledge of Allegiance. Alice Beirne, Esq., Board Attorney, read the Opening Statement. PRESENT: ABSENT: ALSO PRESENT: ANNOUNCEMENTS Future Meetings: SWEARING IN G. Bullock, D. Gabry, W. Merklinger, P. Neuer, B. Quentzel, W. Steinhart, M. Sussman, A. Weiss Bruce Buechler (excused) Paul Grygiel, Consulting Planner Eric Keller, Consulting Engineer Board Attorney, Alice Beirne, Esq. Board Secretary, Rose DeSena Harvey Grossman, Esq., Public Advocate D. Dillon, Audio-Digital Transcription Service May 15, 2014 (Regular Meeting) — 8:00 PM. June 19, 2014 (Regular Meeting) — 8:00 PM July 17, 2014 (Regular Meeting) — 8:00 PM Consulting Planner for the Township, Paul Grygicl and Consulting Engincer for the Township, Eric Keller were sworn under oath.

OLD BUSINESS William Sullivan, Esq. approached the podium. He stated that at the April 17"" meeting, the Board granted a special hearing date of June 5" for his client, Yury Patin, who has an application pending before this Board. Mr. Sullivan said that, due to an administrative matter, he is not able to make the June 5" meeting and requested to have the special meeting re-scheduled to May 29", Chairwoman, Gabry asked the Board members if they would be available to attend a special meeting May 29", Mr. Merklinger said that he cannot attend and Mr. Neuer stated that he has a semi-conflict but can be at the meeting by 8:15pm. Ms. Weiss stated that she is not sure yet but will confirm with the Board Secretary. Chairwoman Gabry advised Mr. Sullivan that there may be six (6) Board members available for a special meeting on May 29" or possibly seven (7); Mr. Sullivan said that is fine and said he will notice for a special Zoning Board hearing for May 29, 2014. The request was granted and a special meeting is now scheduled for May 29, 2014. APPLICATION(S) 1. ZB-13-15/Quick Chek Corp. Carried from 3/20/14 Block: 168; Lot: 26, 28; Zone: B-2 $55 Northfield Avenue Seeking multiple “D” and several “C” variances for site plan and subdivision Approvals for developing a Quick Chek food store with fuel sales. EXHIBITS A-1 — Proposed Floor Plan Sheet 1 of 3 dated 10/19/13 A-2 — Photo simulation prepared by Michael Berardesco Studio A-3 - Aerial exhibit, prepared by Bohler Engineering, dated 1/14/14 A-4 — Overall Site Plan rendering, prepared by Bohler Engineering, dated 4/18/14 A-5 — Site Plan rendering, prepared by Bohler Engincering, dated 4/18/14 A-6 — Existing condition photo taken by Michael Berardesco Studio on 9/10/13 A-7 — Existing condition photo taken by Michael Berardesco Studio on 9/10/13 A-8 — Photo simulation prepared by Michael Berardesco Studio A-9 — Canopy elevation, prepared by Bohler Engineering, dated 1/16/14 A-10— Rendered elevations, prepared by GK+a Architects, dated 11/19/13 A-11 — WBSO Truck turning exhibit, prepared by Bohler Engineering, revision date 4/5/14 A-12 — SU Truck turning exhibit, prepared by Bohler Engineering, revision date of 4/5/14 A-13 — Reduced version of the photo simulation Jennifer M. Porter, Esq., attorney for the applicant, approached the podium and began detailing the application. Ms. Porter stated that her

te of 4/5/14 A-13 — Reduced version of the photo simulation Jennifer M. Porter, Esq., attorney for the applicant, approached the podium and began detailing the application. Ms. Porter stated that her client is proposing to demolish the former Joy Luck Chinese Pavilion restaurant and construct a Quick Chek convenience store, with fuel sales, at 555 Northfield Avenue. She stated that the property is in a B-2 zone and that there are six (6) components to this application. Ms. Porter said that the applicant is seeking Board approval to 2

subdivide the property into two (2) parcels by redrawing the lot lines between lots 26 and 28. She said the applicant is also seeking preliminary and final major site plan approval to construct the convenience store, with fuel sales, on lot 28. Mr. Neuer asked Ms. Porter if they are secking variance relief for both lots 26 and 28; she replied yes. Ms. Porter said that the proposed food store is a permitted use in the B-2 zone; however the fuel sales as well as the hotel are conditional uses. She said that the applicant is secking conditional use variance relief from some of the conditional use criteria for the proposed Quick Chek fuel sales. Ms. Porter said that they are not proposing to change the hotel use, but since the former Joy Luck Chinese Pavilion restaurant is attached to the hotel, they must re-face the fagade of the hotel. She then detailed all of the bulk variances for the hotel and the Quick Chek design features. Ms. Porter stated that the last component of this application requires the applicant to seck a modification of a condition set forth in a prior resolution from 1986. She said that the Township Engineer, Leonard Lepore, required that all three lots comprising this property were to have been consolidated by deed. This was not done and the present proposal would not allow for such a consolidation. Ms. Porter provided a list of witnesses that will be testifying on behalf of the applicant. She noted that the application was submitted in December, 2013 and deemed complete in January, 2014. Ms. Porter also noted that they were scheduled to be heard in March, 2014 but, due to a busy agenda, asked to be carried over to this special meeting date. Mr. Neuer said that he had some questions regarding one aspect of the application and asked Ms. Porter if her client will be selling ready to eat food and beverages, at retail, for on and off premises consumption; she replied yes. Mr. Neuer asked Ms, Porter if the food will be available upon a short waiting time; she replied yes. Mr. Neuer asked Ms. Porter if customers can place an order at a counter; she replied yes. Mr. Neuer asked Ms. Porter if the food will be served in disposable wrappers, containers or plates; she replied yes. Mr. Neuer asked Mr. Grygiel if this would be considered a fast food restaurant if tables are being provided for more than fifteen (15) customers. Mr. Grygiel said

ntainers or plates; she replied yes. Mr. Neuer asked Mr. Grygiel if this would be considered a fast food restaurant if tables are being provided for more than fifteen (15) customers. Mr. Grygiel said that this was not determined to be a fast food restaurant by the Township’s Zoning Official or himself. He said that his opinion is that this will be a convenience store because all convenience stores include this now. Mr. Grygiel said that the Board can make that determination. Ms. Porter called her first witness.

Jeffrey Albanese approached the podium and was sworn under oath. Mr. Albanese stated that he has been in the convenience store business for thirty three (33) years and came to work for Quick Chek nineteen (19) years ago. He said that he is responsible for finding all of the new Quick Chek sites as the operations person and as the real estate person for Quick Chek; he stated his testimony would be in both capacities. Mr. Albanese stated that Quick Chek was founded by a dairy farmer and his family still owns them. He said it started with milk delivery service and in 1967 they opened their first store. Mr. Albanese said that there are 137 plus stores and forty (40) of them are with fuel sales. He said that every Quick Check is privately owned and they do not franchise the stores. Mr. Albanese said that the first convenience stores were called milk and jug stores and the Quick Chek business is based around convenience. He extolled the virtues of the soup sold by the company. Mr. Albanese presented the internal floor plan of the building that was submitted with the application. Chairwoman Gabry stated that floor plan, dated 10/19/13, was pre-marked as Exhibit A-1 for identification. Mr. Albanese presented a three-dimensional rendering of what is being proposed on the site. He also passed out 11x17 copies of the same three-dimensional rendering to the Board members. Chairwoman Gabry stated that the three-dimensional rendering of the proposed site was pre- marked as Exhibit A-2 and the 11x17 renderings of the proposed site was pre-marked as Exhibit A-13, both for identification. Mr. Albanese referred to the floor plan and detailed it. He said that no cooking is done on premises and that they only use a toaster oven and microwave oven. Mr. Albanese detailed the location of the various products being sold in the store and noted where two (2) ADA compliant bathrooms will be located. Mr. Neuer asked Mr. Albanese to refer to the floor plans and point out the location of the soup counter; he complied. Mr. Albanese said that the store carries a line of groceries, for convenience, and noted on the plans where they are located in the store. Mr. Albanese said that they chose this site because they think it is a good location because it is on a thoroughfare road with retail and has easy access to public transportation. Mr. Albanese said that Quick Chek has been voted

hose this site because they think it is a good location because it is on a thoroughfare road with retail and has easy access to public transportation. Mr. Albanese said that Quick Chek has been voted as the best place to work in the State of New Jersey for the fifth year in a row and for the second year in a row in the State of New York. He said that every new hire is mandated to attend a meeting for training and that the owner of the company, Dean Durling, meets every new hire. Mr. Albanese said that they are very community minded and that they will be hiring between 35-50 people from West Orange for this site. He also said that they usually promote from within the company. Mr. Albanese said that Quick Chek is a big contributor to the Junior Diabetes Foundation and said that during super storm Sandy they reserved fuel for emergency vehicles. He said that they 4

co-sponsor the balloon festival in Readington, New Jersey and that they raise hundreds of thousands of dollars for the Children’s Miracle Network. Mr. Albanese said that the reason they started providing seating inside and outside of the stores is because they asked their customers what they could do better. The customers responded that they wanted a place to be able to sit down. He said that they provide seating as a convenience. Mr. Albanese said that there will be sixteen (16) cameras inside and outside of the store and that they work very closely with the local police departments in case of criminal activity. Mr. Albanese stated that there will be approximately six (6) tractor trailer fuel deliveries per week and said that the Engineer will speak more about this. Ms. Porter asked Mr. Albanese what other types of deliveries there will be on the site; he said that small box trucks will deliver bread, soda and other snack items once or twice a day, Mr. Albanese said that if it is a quick delivery they will sometimes utilize a regular parking space but they prefer all the delivery trucks use the loading zone. He said that the garbage is picked up approximately two (2) to four (4) times a week and that the Engineer will explain the area for the dumpster pick up. Ms. Porter asked Mr. Albanese what other products are sold in the store; he said they also sell cigarettes and lottery tickets. Ms. Porter asked Mr. Albanese to speak about the gas operation. He said that they have standard operating procedures in place and that the underground tanks are double walled and corrosion resistant, Mr. Albanese said that they provide training for the operators of the fuel pumps. He said that fuel attendants are hired just to work the pumps and that they do not work in the store. Mt. Albanese said that there are two employees working on the inside and one on the outside during the midnight shift. Mr. Steinhart asked Mr. Albanese to explain the range of requirements for this Quick Chek prototype; he said that the prototype for this Quick Chek is a one to two acre piece of property with eight fue! dispensers and sixteen fueling stations. Mr. Steinhart asked Mr. Albanese to describe the largest Quick Chek prototype in the State of New Jersey; the witness said that this is the largest. Mr. Steinhart asked Mr, Albanese what it is about this site that is attractive for

to describe the largest Quick Chek prototype in the State of New Jersey; the witness said that this is the largest. Mr. Steinhart asked Mr, Albanese what it is about this site that is attractive for a Quick Chek; he said it is on Northfield Avenue, which is a major road; the visibility, the retail and it was very attractive when he passed the site. Mr. Bullock asked Mr. Albanese what is the optimum lot size for this type of operation; he said 1.8 to 2 acres.

Mr. Bullock asked Mr. Albanese if this lot size is smaller than the optimum size that it should be; he said that they have stores on smaller sites then this one. Mr. Bullock stated that the optimum size lot would not require so many variances. Mr. Bullock asked Mr. Albanese how the soup is prepared; he said that the soup is pre-cooked and it is heated in either crock pots or in a steam table. Chairwoman Gabry asked Mr. Albanese if the design of this Quick Chek could be put on a one acre site; he replied no. Ms. Weiss asked Mr. Albanese if they have Quick Cheks without the gas stations; he said they do have some but they have not opened one without a gas station since 2004. Ms. Weiss asked Mr, Albanese if all of the Quick Cheks with gas stations have eight (8) gas pumps; he said yes. Ms. Weiss asked Mr, Albanese if the fuel is part of the Quick Chek company; he said no that they buy “off the rack”. Ms. Weiss asked Mr. Albanese what the gas is called; he said it’s called Quick Chek gas. Ms. Weiss asked Mr. Albanese if the Quick Chek gas is cheaper; he said that they have one price for the gas and the customers are satisfied. Mr. Neuer asked Mr. Albanese if he arrives at a Quick Chek and asks the attendant to fill his car up with gas, can he leave his car there and go into the store while the car is being fuled; he replied yes. Mr. Neuer asked Mr. Albanese if his car will be unattended if he goes into the store; he said no because the attendant will attend to the car. Mr, Albanese said that there are cameras on the outside that are continually taping. Mr. Neuer stated that he expects the Traffic Engineer to address the concerns about the tractor trailers making the deliveries, Mr. Neuer asked Mr. Albanese if they will sell electronic cigarettes; he replied yes. Mr. Neuer said he has a concern about that because there is no minimum age for someone to purchase electronic cigarettes. Chairwoman Gabry asked if the gas attendants handle cash; he replied yes. He said they make frequent “cash drops” in the timed-safe. Chairwoman Gabry asked if the gas attendants are able to make change; he replied yes. Mr. Neuer asked if both the convenience store and the gas pumps will be open 24 hours a day/seven days a week; he replied yes.