September 4, 2014

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT SPECIAL MEETING September 4, 2014 The West Orange Zoning Board of Adjustment held a special meeting on September 4, 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 August 20, 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: B. Buechler, G. Bullock, D. Gabry, W. Merklinger, P. Neuer, B. Quentzel, W. Steinhart, M. Sussman, A. Weiss ABSENT: None ALSO PRESENT: Paul Grygiel, Consulting Planner Eric Keller, Consulting Engineer Alice Beirne, Esq., Board Attorney Rose DeSena, Board Secretary H. Grossman, Esq., Public Advocate D, Dillon, Audio-Digital Transcription Service ANNOUNCEMENTS Future Meetings: September 18, 2014 (Regular Meeting) — 8:00 pm October 23, 2014 (Regular Meeting) — 8:00 pm November 20, 2014 (Regular Meeting) — 8:00 pm SWEARING IN Consulting Engineer for the Township, Eric Keller, and Consulting Planner for the Township Paul Grygiel were sworn under oath.

APPLICATION(S) 1. ZB-13-15/Quick Chek Carried from 7/24/14 Block: 168; Lot: 26; Zone: B-2 555 Northfield Avenue Secking multipie “D” and several “C” variances for site plan and subdivision approvals For developing a Quick Chek food store with fuel sales. EXHIBITS A-25 - List of 24 hour Quick Chek Convenience/Fuel Stores in New Jersey. A-26 — Crime and Incident Data for 24 hour Quick Chek Convenience Stores in New Jersey. A-27 — Air Quality Analysis Report prepared by RTP Environmental Assoc. dated 8/21/14. A-28 — Air Quality Analysis Photo Board. A-29 - “One in a Million” Statistical Data Handout adapted from DOE Radiation Worker Training — three (3) pages. A-30— ATR Recorder Traffic Exhibit - Weekday Average Hourly Volume (description on record). Chairman Buechler stated that the request that was made to audio record this meeting is being denied. He cited section 5.11 of the Zoning Board of Adjustment’s Rules of Procedure regarding the policy on the use of all recording devices that stipulates the use of a recording device requires approval by the Chairperson and shall be made no less than seven (7) calendar days before the scheduled meeting date. Jennifer M. Porter, Esq., attorney for the applicant, approached the podium and stated that the application was last heard at a special meeting held on July 24, 2014. 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 lot 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 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 adjacent hotel. She said that certain existing non-conforming conditions will be increased but no

ated that the fourth aspect of this application is the conditional use variance regarding the existing adjacent 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. Ms. Porter stated that they have recently submitted to the Board Secretary the soil removal permit that is required by code even though the applicant is not removing any soil. Ms. Porter detailed who testified before the Board at previous meetings and noted for the record that significant changes were made to the plan in response to comments made by the Board Members and their Professionals. Ms. Porter stated that at the last meeting, testimony was presented by the applicant’s site engineer, Grayson Murray, P.E. and their traffic engineer Charles Olivio and that Mr. Olivio will continue this evening. Ms. Porter stated that at the last meeting Mr. Neuer raised a question regarding a situation which have required him to be disqualified or to recuse himself from hearing the application because of a potential conflict of interest. Although the Chairman had ruled that neither disqualification nor recusal was required under the circumstances, Ms. Porter stated that this has become a moot point. Chairman Buechler stated for the record that Mr. Quentzel arrived at the meeting at 8:06 pm before Ms. Porter started her presentation. Charles D. Olivio approached the podium and was sworn under oath. Chairman Buechler siated for the record that Mr. Olivio was recognized at the last meeting as an expert in traffic engineering. Mr. Olivio said that he would like to address a question that Mr. Bullock had at the last meeting regarding his testimony stating that the Quick Chek will only increase traffic in the area by 2%. Mr. Olivio presented a traffic chart that he described as an ATR recorder that shows the weekday average hourly volume. Chairman Buechler asked to have the ATR. Recorder traffic chart marked as Exhibit A-30 for identification. Mr. Olivio referred to Exhibit A-30 and said that they have collected data over a period of time from midnight to midnight on a typical day. He said that the stronger peak of traffic is in the morning from 7:45 am to 8:45 am, then there is a lull in traffic during the mid-day, then a softer peak of traffic from 3pm to 4pm, then another peak in traffic from 5pm to 7pm. Mr. Olivio said that

morning from 7:45 am to 8:45 am, then there is a lull in traffic during the mid-day, then a softer peak of traffic from 3pm to 4pm, then another peak in traffic from 5pm to 7pm. Mr. Olivio said that there are approximately 25,000 vehicle trips on a typical week day with. traffic going both directions on Northfield Avenue and he detailed the number of vehicle trips per hour and per day.

Mr. Neuer asked Mr. Olivio if they have a traffic chart for the weekend; he replied no. He said that there is less traffic on the weekend. Mr. Olivio explained how the 2% increase of traffic was determined. He said that there is a large amount of traffic already on the road today and that a new traffic trip is typically someone that would stop at a Quick Chek for a cup of coffee or to buy milk in the morning. Mr. Olivio said that this averages out to be fifty (50) new vehicle trips in the morning and in the evening. He said that the traffic that is already on the road today will use the Quick Chek because it is a “one stop shop”. Ms. Weiss asked Mr. Olivio if Quick Chek did the study for themselves; he said no. He said that an outside traffic study is done and that the data is impartial. Mr. Neuer asked Mr, Olivio to explain what he meant when he said that Quick Chek is a “one stop shop”; he said that someone has the ability to enter the site and purchase gas and utilize the convenience store on the same property. Mr. Olivio said that any other site only allows you to purchase gas and then you would have to stop at another place to get a cup of coffee. He said that this adds traffic to the road. Mr. Neuer asked Mr. Olivio if someone who stops at Quick Chek to purchase gas can leave their car at the pump and go into the store; he said yes. Mr. Neuer asked Mr. Olivio if the car sits at the filling station while the person is shopping; he said yes. Mr. Neuer asked Mr. Olivio if leaving a car unattended at the filling station while shopping is safe; he replied yes. He said that most of the Quick Chek’s have this convenience and he has never seen a problem. Mr. Neuer asked Mr. Olivio why is a customer not required to remain with their car during the filling process; he said that the site is able to function effectively with this not being a requirement. Mr. Neuer stated that a customer is not allowed to fill their own gas tank in the State of New Jersey because it is not safe and asked Mr. Olivio if it is safe for them to leave their car to go into the store; he replied yes. He said it may appear to be unsafe but the design of the site can accommodate a customer to do that. Mr. Olivio said that their staff is also trained to operate and manage something like this and they are instructed to notify someone in the store if a car has to be moved. Mr. Neuer

tomer to do that. Mr. Olivio said that their staff is also trained to operate and manage something like this and they are instructed to notify someone in the store if a car has to be moved. Mr. Neuer asked Mr. Olivio if it would be easier to put signs up stating that a customer cannot leave their car; he said that leaving their car is not a problem. Mr. Neuer asked Mr. Olivio how many traffic signals in the immediate vicinity of the Quick Chek site; he referred to Exhibit A-3 of the aerial view of the area and pointed out all of the 4

locations of the existing and proposed traffic signals. Mr. Olivio stated that there is an existing signal at the Arena, an existing signal for the entrance to the complex, a signal is being proposed for the exiting movements of the proposed parking garage and there is an existing signal on the intersection of Sheridan Avenue and Northfield Avenue. He said that the Quick Chek is proposing a pedestrian crossing signal, at an existing traffic signal, which will have a countdown timer for pedestrian crossing. Mr. Olivio said that they are proposing to have the traffic signals ona 110 second cycle. Mr. Neuer asked Mr. Olivio what the green time will be for a pedestrian to cross Northfield Avenue; he said they will have twenty two to twenty three (22-23) seconds of walking time to cross and that is subject to Essex County approval. Mr. Olivio said that he personally recommends twenty seven (27) seconds of walking time to cross Northfield Avenue. Mr. Bullock stated that the current pedestrian crossing time on Northfield Avenue is thirty (30) seconds. Mr. Olivio said that he will work with the County to allow more pedestrian walking time. Mr. Sussman asked Mr. Olivio if the cycle starts when the pedestrian presses the button; he replied yes. Mr. Neuer asked Mr. Olivio if all the traffic signals are red when the pedestrian walking phase starts on Northfield Avenue; he said yes. Mr. Bullock asked Mr. Olivio how many trips were calculated in and out of Quick Chek during peak traffic times; he said 102 trips on a weekday morning, 127 trips during the evening and 117 trips during the Saturday peak time. He said that these numbers were calculated according to the independent study done. Mr. Sussman asked Mr. Olivio to explain how the traffic signals will operate; he said that they will all work in tandem with one another. Mr. Steinhart asked Mr, Olivio if the trip generation on to the site is based on the studies; he replied yes. Mr. Steinhart asked Mr. Olivio if Quick Chek provided him with their own trip projections in comparison to the independent study; he said no. Mr. Keller asked Mr. Olivio if there is an ability to shift the crosswalk to the west in case the pedestrian could not make it across the street in time so the person could stand on the median; he said that they prefer to have the crosswalk where it is being proposed. Mr. Keller asked Mr. Olivio

pedestrian could not make it across the street in time so the person could stand on the median; he said that they prefer to have the crosswalk where it is being proposed. Mr. Keller asked Mr. Olivio in what direction are the pedestrians mostly crossing from; he said basically from the McDonalds restaurant. He said that there is a lot of activity on the south side of Northfield Avenue.

Mr. Keller asked Mr. Olivio if the new traffic signal that the County is proposing for the parking garage will be coordinated with the other traffic signals; he said it is his understanding that it will be. Mr. Keller referred to item #43 on his memo dated July 14, 2014 and asked Mr. Olivio if the queuing calculations were provided; he said yes. He said that the technical appendix of the traffic study had the calculations. Mr. Olivio said that they can also provide a specific queuing calculation sheet if the Board requests it. Mr. Keller asked Mr. Olivio if he provided the traffic data in 2013 and in 2014 as required; he said that the seven (7) day period numbers for both years were comparable with some increases and those calculations were provided to the Board, He said that he will provide the Board with the traffic data in 2013 and in 2014. Mr. Grygiel asked Mr. Olivio why there is no shared parking with the hotel site and the Quick Chek site; he said that the owner of the hotel is comfortable with the parking on their site and the Quick Chek is comfortable with the parking on their site. Mr. Grygiel asked Mr. Olivio if all of the activity in the area was taken in the trip counts; he replied yes. Mr. Grossman asked Mr. Olivio if the proposed parking garage was taken in the trip counts; he replied yes. Mr. Olivio also detailed how they got their figures for the proposed parking garage because a traffic study was never done for that proposal. He said that the trip generations were strictly for the Quick Chek. Mr. Grossman asked Mr. Olivio how many additional trip generations were calculated for the proposed parking garage; he said that they calculated sixty six (66) exiting in the morning, under one hundred (100) in the evening and one hundred and thirty three (133) trip generations during Saturday. There were no further questions for Mr. Olivio from the Board members or the Professionals. Chairman Buechler asked if any members of the public had any questions for Mr. Olivio. Adam Goldman approached the podium and stated that he lives at 40 Ferris Drive. Chairman Buechler asked Mr. Goldman if he is the owner of the Dunkin Donuts on Northfield Avenue; he replied yes. Mr. Goldman asked Mr. Olivio what the total percentage of traffic will be increased in the area per week; he replied there will be approximately a 2% increase of traffic. He said that