April 24, 2014

Mr. Grygiel said that there is a Township Police ordinance in regards to a business operating 24 hours a day seven days a week and the applicant must comply with that ordinance. Mr. Neuer stated that the applicant must obtain permission from the Township Police Department for a 24 hour operation as a condition of approval. Mr. Neuer asked Mr. Albanese how many of the Quick Chek stores are open 24 hours a day/seven days a week; he replied all but one. Ms. Porter requested to amend the application to include a variance for the lot area for two proposed uses for the Quick Chek lot. There were no further questions for Mr. Albanese from the Board or the Professionals. Chairwoman Gabry asked if any members of the public had any questions for Mr. Albanese. Adam. Goldman approached the podium and stated that he lived at 40 Ferris Drive. He said that he had a question regarding the variance required for the site being within 500 feet from a school and a playground. Chairwoman Gabry said that Mr. Albanese did not testify to that; she said that this variance was mentioned in the attorney’s opening statement. Mr. Goldman was requested to hold his question until there was a witness who testifies as to this variance. A. Brett Steig, Esq. approached the podium and stated that he is representing Valmar Realty, LLC and Robert Murro. Mr. Steig asked Mr. Albanese what age someone has to be to purchase e-cigarettes; he said that he does not know. Mr. Steig asked Mr. Albanese if he knows that the site is adjacent to a school and a playground; he replied yes. Mr. Steig asked Mr. Albanese if he will sell e-cigarettes anyway even though the site is in proximity of a school and a playground; he said that he will come back with that answer. Mr. Steig asked Mr. Albanese if Quick Chek could commit to not selling cigarettes; he said no. He said that they sell the same products in all of their stores. Mr. Steig asked Mr. Albanese what other businesses on Northfield Avenue are open 24 hours each day; he said that the McDonald’s has a 24 hour drive-thru window. Mr. Steig asked Mr. Albanese who delivers the fuel; he said a major hauler. Mr. Steig asked Mr. Albanese if there have been any instances of fuel spills when delivering the fuel; he replied no.

Mr. Steig asked Mr. Albanese to give him an example of a smaller Quick Chek store built recently; he said none of them that have been built recently are smaller. Mr. Albanese said that their Sparta, New Jersey store is 4500 square fect and this store is 5496 square feet. Mr. Steig asked Mr. Albanese if they were to build a smaller store on this site would it require less variances; he said he is not sure but their Planner will answer that question. Mr. Neuer asked Mr. Albanese if they deliver the fuel at night; he said he could arrange the times of delivery for the fuel. Mr. Neuer asked Mr, Albanese if the tractor trailer food deliveries could be delivered at night also; he said they could arrange that also. Mr. Neuer asked Mr. Albanese if they would accept that as a condition of approval; he replied yes. Troy Dorch approached the podium and stated that he lived at 228 St. Cloud Avenue. He asked Mr. Albanese how many gas pumps they are proposing; he said cight (8) gas pumps and sixteen (16) fueling positions. Mr. Dorch asked Mr. Albanese if the fuel pumps will be in the front of the store; he replied yes. Mr. Dorch asked Mr. Albanese if they have done a study of the traffic impact; he said that their Traffic Engineer will address that question. Mr. Dorch asked Mr. Albanese if they have done a study of the crime levels; he replied no. Mr. Albanese said they have a great camera system and there are always people watching the cameras. Mr. Dorch asked Mr, Albanese if he have any crime studies for any of the twenty seven (27) Quick Chek stores; he said he does not have any crime studies and he has never heard about them. He said that if anything does happen they have a great security system. Mr. Neuer asked Mr. Albanese if he has a statistical analysis of crime for the stores; he said no but he can get back to the Board with that answer. Mr. Neuer advised Ms. Porter that Mr. Albanese must provide the Board with statistics of crimes at the New Jersey stores for the past three years. Chairwoman Gabry asked Mr. Albanese if there is someone who watches the cameras; he said no one specifically watches the cameras non-stop. Mr. Sussman suggested that Mr. Albanese provide the Board with statistics of crimes at the New Jersey stores for the past five years; not three years. He agreed.

Mr. Keller asked Mr. Albanese to describe the difference between the Sparta Quick Chek which is smaller, and the store being proposed; he said the Sparta store has the same products and the same set up as this one. Mr, Albanese said the only difference is possibly the indoor seating. Rosary Morelli approached the podium and stated that she lived at 22 Ralph Road. She asked Mr. Albanese if the gas station will be located on the west side; he replied yes. Ms. Morelli asked Mr. Albanese where a car would make a left hand turn to go into the site if they were traveling on the east side of Northfield Avenue; he said that the Traffic Engineer wilt answer those questions. Mr. Bullock stated, for the record, that just today he heard that there were plans to regulate the sale of e-cigarettes and make it the same as the sale of regular cigarettes. Chairwoman Gabry called for a recess at 9:23 pm. Chairwoman Gabry resumed the mecting at 9:35 pm. Christopher Harewood approached the podium and said that he is a reporter for the Alternative Press. Mr. Harewood requested permission to record the meeting; Chairwoman Gabry granted him permission to record the meeting. Mr, Albanese approached the podium and said that he was informed that Quick Chek’s policy on selling e-cigarettes is the same as their policy for selling regular cigarettes. Mr. Neuer stated, for the record, that the weakest statement someone can make is that “it is their policy” and he is not satisfied with that statement. He said he would like to hear more. Mr. Albanese said that they also have an outside company that shops in their stores, as a test, to see if they are in violation. Mr. Merklinger asked Mr. Albanese if they will be selling any alcoholic beverages; he replied no. Ms. Porter called her next witness. Grayson Murray approached the podium and was sworn under oath. Mr. Murray detailed his educational and professional background as a licensed Professional Engineer in the State of New Jersey. He stated that he is a principal of Bohler Engineering the Engineering firm for this project. Mr. Neuer asked Mr. Murray if he has worked on projects of similar size and scope; he replied yes, Mr. Neuer stated that the plans that the plans that were submitted to this Board are signed by a different person. Mr, Murray stated that he worked with Mr. Cahill on the plans.

Chairwoman Gabry accepted Mr. Murray as an expert in Professional Engineering. Mr. Murray presented an aerial view of the site. Chairwoman Gabry noted for the record that the aerial view of the site was pre-marked as Exhibit A-3 for identification. Mr. Murray referred to Exhibit A-3 and detailed the proposed site and the surrounding uses. He said that the applicant is proposing the sub-division of lots 26 and 28, located in a B-2 zone, and the sub-division of a boundary line where the prior Joy Luck restaurant mects the Best Western hotel. Mr. Murray continued to describe the property noting that there is 456 feet of frontage on Northfield Avenue and that there are no storm water management controls currently on site. Mr. Murray presented the overall site plan rendering; Chairwoman Gabry noted for the record that the overall site plan rendering, dated 4/18/14, was pre-marked as Exhibit A-4 for identification. Mr. Murray referred to the overall site plan rendering and detailed the surrounding properties. He said that the Best Western hotel will remain along with the fifty eight (58) parking stalls on their site. Mr. Murray presented the site plan; Chairwoman Gabry noted for the record that the site plan dated 4/18/14 was pre-marked at Exhibit A-5 for identification. Mr. Murray referred to the site plan stating that the applicant is proposing a 5490 sq. foot convenience store and fueling station. He detailed where the convenience store will be located at the north part of the site and the fuel sales will be located at the south part of the site. He said that the fuel dispensers will be under a canopy approximately sixty (60) feet from the Quick Chek facility. Mr. Murray stated that this is the perfect location for the convenience store because there is a park and ride and public transportation on Northfield Avenue. Mr. Murray presented a rendering of the exterior elevations; Chairwoman Gabry noted for the record that the exterior elevations rendering was pre-marked as Exhibit A-10 for identification. Mr. Murray referred to the Exhibit and detailed the facade stating that it will be full brick with a € Ss Chairwoman Gabry asked Mr. Murray if there is an architect for this project. She said that he is testifying as an expert in Engineering for this site. Mr. Murray said that he is testifying to the general characteristics of the building. He said that

architect for this project. She said that he is testifying as an expert in Engineering for this site. Mr. Murray said that he is testifying to the general characteristics of the building. He said that they will bring the architect to the next meeting. Mr. Neuer asked Mr. Murray if there is a trash receptacle; he said that he is getting to that. Mr. Murray referred to the site plan noting where the trash receptacle is at the northwest corner of the property. He said that they also have trash receptacles at the south end of the property. Mr. Murray said that they use a “Billy Goat” to vacuum the parking lot and drive aisles once a week, He also noted on the plan where the fully gated enclosure for the recycling and trash dumpster is located. 10

Mr. Murray noted on the site plan where the gas pumps and the diesel fuel dispensers are located. He said that the two (2) diesel dispensers and the eight (8) gas pumps share an island. Mr. Murray referred to the site plan and detailed the parking layout and said that they exceed the Township ordinance standards. He said that they have wide parking spaces that are 10’ x 18° and are providing a total of thirty eight (38) spaces. Mr. Murray referred to the site plan and detailed the access to the site. He said that if you are traveling east on Northfield Avenue, there is a traffic signal across from the center of the lot where you can make a left turn to access the site. Mr. Murray said that they are proposing to install sidewalks along the entire southerly property line and also along the cast side. He said that they will also be providing a pedestrian crossing signal at the traffic signal. Mr. Murray detailed the design of the fueling positions stating that there is enough room that will allow vehicles to pass each other in the aisle. Mr. Murray presented the WBS50 truck turning plan; Chairwoman Gabry noted for the record that the WBS0 truck turning plan was pre-marked as Exhibit A-11 for identification. Mr. Murray referred to the plan stating that it depicts the fuel delivery truck path. He said that the fuel delivery truck travels west on Northfield Avenue and enters in a clock wise pattern. Mr. Murray said that it takes approximately 25 to 30 minutes to fill the underground tanks. Chairwoman Gabry asked Mr. Murray if there will be a left turn signal at the light; he said no, there will just be a green signal. Chairwoman Gabry asked Mr. Murray how often the fuel is delivered; he said fuel deliveries are six (6) times a week. Chairwoman Gabry asked Mr. Murray if the recycling is picked up by a private hauler; he replied yes. Mr. Steinhart asked Mr. Murray if vehicles traveling east bound will be able to make a left turn into the site; he said yes. Mr. Steinhart asked Mr. Murray if pedestrians will be able to cross at that traffic signal; he said yes and detailed how the timing for the traffic and the pedestrian crossing will work. Mr. Steinhart asked Mr, Murray if there is a no U-turn sign at that location; he said no. Ms. Porter said that their traffic engineer will go into further detail regarding the traffic. Mr. Neuer stated that he want to

d Mr, Murray if there is a no U-turn sign at that location; he said no. Ms. Porter said that their traffic engineer will go into further detail regarding the traffic. Mr. Neuer stated that he want to hear this witness testify to the engineering aspects of this application and not the traffic. 11

Mr, Murray presented the SU truck turning plan; Chairwoman Gabry noted for the record that the SU truck turning plan was pre-marked as Exhibit A-12 for identification. Mr. Murray referred to the plan and detailed how the trash hauler will enter the site, pick up the trash and then exit the site. Mr. Murray stated that all fuel systems are state of the art and that they meet all the Federal and State guidelines. He detailed the regulations of the underground storage tanks. He said that there is never an over-fill of the tanks and he detailed all of the safety factors of the pumps. Mr. Murray stated that the site is in a flood hazard area and they are in compliance with storm water management. He said they will be adding green space and, based on this design, the storm water management will be improved. Mr. Murray stated that they will be using LED light fixtures and detailed the light levels. He said that there will be lights under the canopy and soffit lights under the building. Mr. Murray detailed the signage saying that there will be a series of canopy signs and each sign is 22.6 sq. Feet. Mr. Murray detailed the landscape improvements they are proposing. Ms. Porter said that they submitted a complete response to Omland Engineering’s report dated 2/14/14 and they will address the comments point by point. She said that the majority of the comments are acceptable to them. Mr. Neuer asked Mr. Murray if they have or have not addressed the issues in the Omland report regarding re-orienting the pumps; he said that they will need to investigate this further. Mr. Neuer stated that they had the Omland report since February and asked Mr. Murray how much more time they will need to address this. MrKeller-stated-that-hi nsers-regarding-the-fuel locatien-isthatit shanty p tvO-00 P want to come into the site off of Northfield Avenue, then you will have a conflict. Mr. Neuer asked Mr. Murray to engage in a conversation with Mr. Keller regarding why Mr. Keller believes the design is not an acceptable. Chairwoman Gabry asked Mr. Murray if they would consider reducing the number of pumps or redesign as Mr. Keller suggested. Mr. Keller stated, for the record, that he made a suggestion only and that he is not here to design the site. He said that it is only an option. Mr. Neuer stated that he was confused about the tankers which deliver the fuel. He asked if

at he made a suggestion only and that he is not here to design the site. He said that it is only an option. Mr. Neuer stated that he was confused about the tankers which deliver the fuel. He asked if both the high, low and diesel fuel are in the tanker at the same time. Mr. Albanese said that the gas grade fuels, high and low grade, are in separate tanks in the same tanker and are delivered at the same time. He said that the diesel fuel is delivered in a separate tanker. 12

Mr. Never asked Mr. Albanese how many gallons of fuel the tanker truck holds; he replied 9000 gallons of fuel. Mr. Merklinger asked Mr. Murray if the site can be accessed from the Best Western driveway; he replied yes. Mr. Grygiel stated that he had some questions regarding the signage as stated in his report; Ms. Porter said that testimony will be provided by the Planner about the signage and the variances. Mr. Grygiel asked Mr. Murray if there will be Exhibits for the signage; he replied yes. Chairwoman Gabry asked Mr. Murray if there are access points to the site from St. Cloud Avenue; he replied no. Mr. Bullock asked Mr. Murray how they would access the rear of the site; he said from the front entrance, Ms. Weiss asked Mr. Murray where the cars are from that currently park on that site; he said they are patrons of the zoo. Ms. Weiss asked Mr. Murray where the cars will park once Quick Chek takes ownership; he said he doesn’t know but will find out. Mr. Grossman asked Mr. Murray if the plan could be scaled back slightly by reducing the number of gas pumps; he said yes. Mr. Grossman asked if the building size could be reduced; he replied no. There were no further questions for Mr. Murray from the Board or its Professionals. Chairwoman Gabry asked if any members of the public had any questions for Mr. Murray. Adam Goldman approached the podium stating that he lives on 40 Ferris Drive. He asked Mr. Murray if the County of Essex approved this plan yet; he replied no. Mr. Goldman stated that there is not a crosswalk immediately in front of the site and said that the crosswalk is further west. He asked Mr. Murray how they would prevent vehicles from using the U-turn in the zoo; he said that he will defer that question to their traffic expert. Sam Furci approached the podium and stated that he lives at 60 Rock Spring Avenue and asked Mr. Murray how two vehicles can be fueled at one bay at the same time; he said that there is one nozzle on each side of the fuel pump, Mr. Furci asked Mr. Murray if a noise study has been done; he replied no. He said that the noise levels meet State regulations and the residents will not be impacted. 13