February 26,2015

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