February 26,2015

Mr. McDonough presented five (5) sheets of a permitted use overlay exhibit board and a hand out of the five (5) sheet permitted use overlay exhibit. He stated that this exhibit was prepared in his office under his supervision. Chairman Buechler stated that the hand out of the five (5) sheet overlay exhibit of permitted uses was pre-marked as Exhibit A-45 for identification and the five (5) sheets of a permitted use overlay exhibit was pre-marked as Exhibit A-46 for identification. Mr. McDonough referred to Exhibit A-46 and detailed the existing land uses and surrounding uses, He said that this information was taken from the State DEP data base. Mr. McDonough stated that the potential fueling stations are in green and that Quick Chek is looking for one acre minimum. He said that there are very few locations in town that they could put a Quick Chek on and the only viable site was the Essex Green Shopping Plaza. Mr. Sussman stated that all of the golf courses in the Township are considered commercial properties. Mr. Sussman asked Mr. McDonough if there was any site that they could combine with another site to make it an acre; he said that he did not know. Mr. McDonough said he did not go through that analysis. He said that they are just trying to establish a foundation that they are limited to where they can put a Quick Chek. Mr. McDonough stated that almost every gas station in the Township is non-conforming and within 500’ of a public building and presented a service station location exhibit board and a hand out of all of the service station locations in the Township. Chairman Bucchler stated that the service station location exhibit board that was prepared by Bohler Engineering dated 1/5/15 was pre-marked as Exhibit A-47 for identification and the hand out of the service station location exhibit prepared by Bohler Engineering dated 1/5/15 was pre- marked as Exhibit A-48 for identification. Chairman Buechler asked Mr. McDonough if he knows when these gas stations were built; he replied no. Chairman Buechler stated that they may have been around many years before the Township Ordinance was in existence. Chairman Buechler stated that the BP gas station site is much smaller than the site that Quick Chek is proposing and only gets tanker trucks and not delivery trucks. Mr. Steinhart asked Mr. McDonough if a Quick Chek has been developed on a site with

ite is much smaller than the site that Quick Chek is proposing and only gets tanker trucks and not delivery trucks. Mr. Steinhart asked Mr. McDonough if a Quick Chek has been developed on a site with less than one acre; he replied no. Mr. McDonough state that this will be a nicer, newer facility. Mr. McDonough continued his testimony. He said there are no detriments and that all of the concerns that were expressed have been addressed by the applicant. Mr. McDonough said that this will not alter the character of the neighborhood and it advances the Township’s Master Plan which is to encourage redevelopment. He said that this is a

complimentary land use and the revitalization of a dead space. Mr. McDonough stated that they will be making the site greener and the buffer bigger. Mr. McDonough stated that, from a planning standpoint, this is a good application and the positive criteria outweighs the negative criteria. Mr. McDonough cited brand new case law, an Exxon gas station vs Livingston, NJ, regarding proximity and said that they looked specifically at conditions, Chairman Buechler asked Mr. McDonough to send Ms. Beirne all of the cases he quoted in his testimony this evening. Ms. Porter asked Mr. McDonough if there were any deviations; he said none that are detrimental. Mr. Bullock asked Mr. McDonough to explain the Exxon gas station case that he quoted; he said that they challenged the ordinance regarding the proximity of a fuel station having to be 500° from public land. Mr. McDonough said they went after the ordinance’s validity. Mr. Grygiel asked Mr. McDonough if he stated that the restaurant use was developed since 1950; he replied yes. Mr. Grygiel asked Mr. McDonough if his testimony regarding the site being ten (10) times more than the minimum lot area required was for one lot or both lots; he replied both lots. Mr. Grygiel asked Mr. McDonough to explain what he meant when he said there could be many more signs on the site because of the lot size; he said he was referring to the free standing sign. There were no further questions for Mr. McDonough from the Board Members or the Board Professionals. Chairman Buechler asked if any members of the public had any questions for Mr. McDonough. Anthony Juliano approached the podium and stated that he lives at 115 Fairview Avenue. Mr. Juliano asked Mr. McDonough, besides the South Plainfield Quick Chek site that he compared to this site, has he studied any of the other Quick Chek sites; he replied yes. Mr. Juliano asked Mr. McDonough if the case he cited, regarding the proximity of a gas station to a public place, was a school; he replied no. Mr. Juliano asked Mr. McDonough if he ever testified to opposition to a Quick Chek; he replied no. Mr. McDonough said that he has never been to a bad Quick Chek. Robert Murro approached the podium and stated that he lives at 406 St. Cloud Avenue. 10

Mr. Murro asked Mr. McDonough how one more car or truck in a bigger facility doing bigger business would not affect the environment; he said he is not the environmental expert. Joel Goldstein approached the podium and stated that he lives at 299 St. Cloud Avenue. Mr. Goldstein asked Mr. McDonough if they ever considered the site on Pleasant Valley Way next to the United Rent All as an alternate site for the Quick Chek; he replied no. Robert Rashkes approached the podium and stated that he lives at 35 Oak Crest Road. Mr. Rashkes asked Mr. McDonough if he knew that Stagg Field is owned by the Township and not the Board of Education; he replied no. Chairman Buechler noted the time was 10:54 pm and stated that the meetings end at precisely at 11:00 pm. Chairman Buechler stated that Mr. McDonough will return at the next meeting. Chairman Buechler asked if any opposition will have any witnesses; Mr. Magaletta replied yes. Chairman Buechler stated for the record that this meeting will be carried over to 3/26/15 and no further notice will be necessary. The meeting was adjourned by Chairman Buechler at 10:59 p: Adopted: March 21, 2015 a Cie Zz hoy, S iY Rose DeSena Zoning Board Secretary 11