July 24, 2014

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT SPECIAL MEETING July 24, 2014 The West Orange Zoning Board of Adjustment held a special meeting on July 24, 2014 commencing 8:00 PM at 66 Main Street, West Orange, N.J. in Council Chambers. Chairman Buechler 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 July 10, 2014 in accordance with the “Open Public Meetings Act.” Chairman Buechler 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 B. Buechler, G. Bullock, W. Merklinger, P. Neuer, B. Quentzel, W. Steinhart, M. Sussman D. Gabry (excused absence) A. Weiss (excused absence) Paul Grygiel, Consulting Planner Eric Keller, Consulting Engineer Alice Beirne, Esq., Board Attorney Rose DeSena, Board Secretary H. Grossman, Public Advocate D. Dillon, Audio-Digital Transcription Service August 21, 2014 (Regular Meeting) — 8:00 pm September 18, 2014 (Regular Meeting) — 8:00 pm October 23, 2014 (Regular Meeting) — 8:00 pm Consulting Planner for the Township, Paul Grygiel and Consulting Engineer for the Township, Eric Keller were sworn under oath.

APPLICATION 1. ZB-13-15/Quick Chek Corp. Carried from 4/24/14 Block: 168; Lot: 26, 28; Zone: B-2 555 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-14 — Reduced size version of Exhibit A-5 sheet 4 of 15 of the site plan dated 5/18/14 A-15 — Revised site plan rendering prepared by Bohler Engineering dated 7/22/14 A-16 — Reduces size version of Exhibit A-15 of the site plan dated 7/22/14 A-17 — Reduced size version of Exhibit A-8 of photo simulation prepared by Michael Beradesco Studio A-18 — Revised photo simulation prepared by Michael Beradesco Studio (not dated) A-19 — Reduces size version of Exhibit A-18 (not dated) A-20 — WBSO Truck turing Exhibit prepared by Bohler Engineering dated — revision date of 6/23/14 A-2{ — SU Truck turning Exhibit, prepared by Bohler Engineering — revision date of 6/23/14 A-22 — Revised photo simulation prepared by Michael Berardesco Studio (not dated) A-23 — Revised color rendered building elevations prepared by gkt+a Architects dated 6/20/14 A-24 — Hotel side wall 2D elevation Exhibit, prepared by gi-ta Architects dated 7/23/14 Chairman Buechler stated that he read the transcripts from the special mecting for the Quick Chek application that was held on 4/24/14 and signed and returned the form that was provided to him by the Board Secretary stating such. Jennifer M. Porter, Esq., attorney for the applicant, approached the podium. Ms. Porter stated that the application was last heard at a special meeting held on 4/24/14. She said that testimony at that meeting was provided by Jeff Albanese who is in charge of operations and other aspects of the site for Quick Chek. Ms. Porter stated that testimony was also provided by Grayson Murray, the site engineer for Bohler Engineering, at the last meeting. Ms. Porter stated that the application before this Board is in six parts and detailed them. She said that the first aspect of this application is the preliminary and final subdivision approval. Ms. Porter said that the applicant is proposing to move the existing {ot line in order to create a new lot. She said that the lot line adjustment is classified as a major subdivision. Ms. Porter stated that the second aspect of this application is the preliminary and final site plan approval for the

w lot. She said that the lot line adjustment is classified as a major subdivision. Ms. Porter stated that the second aspect of this application is the preliminary and final site plan approval for the development of a convenience store and gas filling station that would include six gas pump islands. Ms. Porter stated that the third aspect of this application is the conditional variance relief for the gas filling station. She said that a convenience store is allowed in the B-2 zone but the gas station requires conditional use approval.

Ms. Porter stated that the fourth aspect of this application is the conditional use variance regarding the existing hotel. She said that certain existing non-conforming conditions will be increased but no further improvements are proposed for the lot that the hotel is on. Ms. Porter stated that the fifth aspect of this application is for the bulk variances and signage relief and the final aspect is for the merger of Lot 28 with a portion of existing Lot 26 with the remainder of Lot 26 as a separate lot. Mr. Neuer stated that he has an attorney/client relationship between the Gibbons Law Firm and himself which is unrelated to the Quick Chek application. He said that Ms. Porter was not involved in the matter that he retained the Gibbons Law Firm and asked Ms. Beirne if there would be a conflict. Ms. Beirne stated that her opinion is that there may be an appearance of impropriety even though there is no conflict of interest. Chairman Buechler disagreed and stated that the appearance of impropriety is not the correct standard and over-ruled Ms. Beirne. He said that Mr. Neuer was not required to recuse himself and that he could hear the matter. Ms. Porter stated that she agreed with Chairman Buechler’s ruling regarding Mr. Neuer not having to be disqualified or recuse himself from hearing the application. Ms, Porter stated for the record that they have reviewed all of the public commentary in regards to this application and that Quick Chek understands their concerns for impacts of environmental elements of this application and the potential for increased criminal activity in the area. She said that they will be calling experts to testify at future meetings to address these concerns. Mr. Neuer asked Ms. Porter if an updated Planner’s report was submitted due to the changes in the plan; she replied no. She said they could provide an updated report but their Planner will be providing testimony at a future meeting. Mr. Neuer said that if they decide to submit an updated Planner’s report it should be submitted at least ten (10) days before the next scheduled meeting. Ms. Porter called her first witness. Grayson Murray approached the podium and was sworn under oath. Mr. Murray stated that since the last meeting, he met with the Township’s Professionals regarding the feedback the applicant received from them and the Board members at that meeting. Mr. Murray

oath. Mr. Murray stated that since the last meeting, he met with the Township’s Professionals regarding the feedback the applicant received from them and the Board members at that meeting. Mr. Murray presented a revised site plan dated 7/22/14 which replaced Exhibit A-5 of the site plan dated 4/18/14 and reduced size versions of Exhibit A-5. Chairman Buechier noted for the record that the reduced size versions of Exhibit A-5 was pre- marked as Exhibit A-14 and the revised site plan dated 7/22/14 was pre-marked as Exhibit A-15 for identification. Mr. Murray presented reduced copies of Exhibit A-15.

Chairman Buechler noted for the record that the reduced copies of Exhibit A-15 were pre- marked as Exhibit A-16 for identification. Mr. Murray also presented reduced copies of Exhibit A-8 of photo simulations prepared by Michael Berardesco Studio. Chairman Bucchler noted for the record that the reduced copies of Exhibit A-8 of the photo simulations prepared by Michael Berardesco Studio were pre-marked as Exhibit A-17 for identification. Mr. Murray distributed the reduced copies of the Exhibits to the Board members. He referred to Exhibit A-15 and detailed the changes made to the site plan based on the suggestions made by the Township’s Professionals at their meeting. Mr. Murray stated that Mr. Keller had voiced a concern at the last meeting regarding the traffic flow of the vehicles entering the site and said that they agreed to rotate the layout which will provide better access to the convenience store and the gas pumps. Mr. Murray stated that the access points remain consistent with the first proposed plan. He said that Quick Chek will enter into an access agreement with the hotel so that access from both driveways will be allowed. Mr. Murray said that there is no cross parking agreement with the hotel. Mr. Murray stated that the square footage of the building area is being reduced and that they agreed to reduce the canopy size by 29% and set it back further from the right-of-way. He said this is consistent with Mr. Keller’s recommendation to move the gas pumps back to improve on- site circulation. Mr. Murray stated that they are reducing the number of gas dispensers from the original proposed eight (8) to six (6) which will provide twelve (12) fueling positions. He said that this is a 25% reduction. Mr. Murray said that they are also rotating the site 90 degrees and increasing the pump set-backs per Mr. Keller’s comments. Mr. Murray presented revisions of photo simulations prepared by Michael Berardesco and a reduced copy of the photo simulations that were passed out to the Board members. Chairman Buechler noted for the record that the revised photo simulations prepared by Michael Berardesco were pre-matked as Exhibit A-18 for identification and the reduced copy was pre- marked as Exhibit A-19 for identification. Mr. Murray referred to Exhibit A-18 and detailed the changes on the site. He stated that the loading area and the location of the

the reduced copy was pre- marked as Exhibit A-19 for identification. Mr. Murray referred to Exhibit A-18 and detailed the changes on the site. He stated that the loading area and the location of the trash and recycling area are now in an improved location.

Mr. Murray stated that they have modified the design on the north side of the parking area away from the pedestrian pathway. Mr. Murray addressed the concern expressed at the last meeting regarding the exhaust from the vent pipes. He said that they are proposing to install a permeator which utilizes current technology and captures 99.3 percent of vapor that escapes from those pipes. Mr. Murray said that it is a safety feature that maintains equilibrium and he proceeded to explain how it operates. Mr. Murray said that they have agreed to change the pylon sign to a monument sign, per the request of the Township’s Professionals, and are reducing it from a 25’ free standing sign to a 15 free standing sign. Mr. Neuer referred to Exhibit A-19 and asked Mr. Murray if that was the monument sign in the photo simulation that he was describing; he replied yes. Mr. Neuer asked Mr. Murray if the sign will be two sided; he replied yes. Mr. Murray stated that they will be providing a pedestrian crosswalk which will be controlled by a traffic signal on Northfield Avenue. Chairman Buechler asked if the crosswalk will be subject to County approval; Mr. Murray replied yes. Mr. Never asked Mr. Murray if he could speak about the dedicated “green time” for the signal; he said that their traffic expert will talk about that in his testimony. Mr. Murray said that they will be increasing the green space and that their Planner will talk about that in his testimony. He said that they also agreed to provide three additional trees that the ‘Township’s Professionals requested and the proposed retaining wall was modified in order to preserve an existing tree. Chairman Buechler asked Mr. Murray what they are proposing for impervious coverage; he replied 74% impervious coverage. Mr. Murray stated that the storm water management design being proposed is fully compliant with the code, He said that there no storm water controls on the property today and what they are proposing exceeds the DEP criteria. Mr. Murray detailed where the driveways will be located and said that the proposed parking stalls exceed the dimensions that are required by Township ordinance; he said the parking stalls will be wider than what is required. Mr, Murray said that the number of parking spaces that they are proposing also exceeds what is required by Township ordinance. Mr. Murray detailed the fueling

lls will be wider than what is required. Mr, Murray said that the number of parking spaces that they are proposing also exceeds what is required by Township ordinance. Mr. Murray detailed the fueling positions and stated that the space between the pumps can accommodate two-way traffic. He said that the dimensions are generous.

Mr. Neuer asked Mr. Murray what position the vehicles will be in when they are fucling; he said they will be facing east and west. Mr. Murray detailed the onsite design of the circulation pattern for the refuse trucks entering and exiting the site. He also detailed the circulation pattern for the delivery trucks. Mr. Murray detailed the lighting and said that by reducing the size of the canopy the lights and area lights are also reduced. He said that this eliminates a variance for the foot candles because the minimum required by Township ordinance is met through their redesign. Mr. Murray said that the lights will operate at safe levels. Mr. Murray addressed the following items in the Omland Engineering report dated July 14, 2014; Items #1-3 were addressed in testimony. Ttem #4 — existing easement is not able to be plotted. Item #5 — applicant agreed to extend the easement as a condition of approval. Ttem #6 — was addressed in testimony. Item #7 — has been addressed. Item #8 — the fill that is to be imported to the site will be “certified clean fill” and the source is unknown at this time. Item #9 — will be providing a minimum 5’ sidewalk along the building instead of 4’ as originally proposed. Applicant will not provide curbing around the building because bollards are standard at all of the Quick Chek locations as a means of protecting the building. Item #10 — will comply with the provision of the ADA signage. Item #11 — underground storage tank vent location was addressed in testimony. Item #12 — the number of proposed stop bars within the site are acceptable. Item #13 — cross easement is agreeable to Quick Chek and the Best Western Hotel Chairman Buechler asked Mr. Murray if the easement will be recorded; he replied yes. Ttem #14 — Mr. Keller stated that he has no problem with the buffer that is being proposed; he said that it is adequate. He said that the question is if the buffer should be confirmed ina conservation easement and asked the Board to consider that. Ttem # 15 — has been addressed. Item #16 — the applicant has agreed to provide a Knox box. Item #17 — the applicant has agreed to consult with the Township’s Fire Official regarding the placement of the required fire zones. Ttem #18 — applicant has agreed to add three trees on the site. Ttem #19 — applicant has agreed to extend the landscaped island and raise the