March 26, 2015

Vice Chairman Neuer told Mr. McDonough that there should have been an inventory of existing uses in his planning analysis. Mr. Bullock asked Mr. McDonough what changes he would make in his Planning report dated 12/17/13 if he was requested to do so; Mr. McDonough said in terms of the relief that the applicant is seeking, the ongoing and continuing evolution of the area should have been discussed in the report. Ms. Porter referred to Exhibit A-15 and asked Mr. McDonough to point out the lot line; he complied. Ms. Porter stated that the reason the lot line was referred to as “invisible” is because there is no fence or demarcation on the lot line; she said it will be a landscaped area separating the hotel and the Quick Chek. Ms. Porter asked Mr. McDonough to explain why he cited the TSI East Brunswick case in his testimony; he said in regards to the negative criteria. Ms. Porter asked Mr. McDonough if the Township’s Master Plan speaks about the proposed use regarding the promotion of development specifically in the Saint Cloud area; he replied yes. Mr. McDonough said the Township’s Master Plan cited the need for new uses such as convenience and retail stores in the Saint Cloud area. Ms. Porter asked Mr. McDonough if the Township’s Planner also cited this in his report; he replied yes. Mr. McDonough stated that the proposed use is consistent with the Township’s Master Plan. Ms. Porter asked Mr. McDonough if gasoline filling stations and hotels are conditional uses; he replied yes. Ms. Porter asked Mr. McDonough if conditional uses are permitted in this zone subject to conditions; he replied yes. Ms. Porter asked Mr. McDonough to explain what a prohibited use is compared to a conditional use; he said that a prohibited use is not allowed and a conditional use is allowed with conditions. Mr. Magaletta asked Mr. McDonough if the applicant has a plan that shows the existing lot line; he replied yes. Mr. Magaletta referred to Exhibit A-15 and asked Mr. McDonough to point out the lot fine on lots 26 and 28; he complied. Mr. Magaletta asked Mr. McDonough if there is space between the rear of the restaurant and the hotel; he replied yes.

There were no further questions for Mr. McDonough. Mr. Magaletta called his next witness. Nicholas D’Ambrosio approached the podium and was sworn under oath. Mr. D’Ambrosio detailed his professional background as a Geographic Information Systems (GIS) expert and stated that he has never testified before a Zoning Board before. Vice Chairman Neuer asked Mr. D’Ambrosio if he has any licenses; he replied yes. Mr. D’ Ambrosio presented a site layout and aerial photograph map. Chairman Buechler asked to have the site layout and aerial photograph map marked as Exhibit O-1 for identification. Mr. D’Ambrosio referred to Exhibit O-1 and stated that the plan represents the current site conditions and began detailing them. Mr. Steinhart asked Mr. D’Ambrosio if Exhibit O-1 is going to be used in conjunction with any overlays; he said that the objectors’ Planner will use it for identification. Mr. Grygiel referred to Exhibit O-1 and asked Mr. D’ Ambrosio the source of the lot lines; he said that the objectors’ Planner provided him with the survey and the tax map of the proposed sub-division that was provided by the Township. Ms. Porter stated that she wanted to know the relevance of Exhibit O-1; Chairman Buechler stated that the Exhibit was marked for identification and not as evidence. Ms. Porter asked Mr. D’ Ambrosio how Exhibit O-1 is different from the aerial photograph that Mr. McDonough presented; he said that the objectors’ Planner will explain that. There were no further questions for Mr. D’ Ambrosio. Chairman Buechler asked if any members of the public had any questions for Mr. D’ Ambrosio; there were none. Chairman Buechler called for a recess at 9:31 pm. Chairman Buechler resumed the meeting at 9:42 pm. Mr. Magaletta called his next witness. Elizabeth Pomeroy approached the podium and was sworn under oath. Ms. Pomeroy detailed her professional and educational background as a Professional Planner licensed in the State of New Jersey.

Chairman Buechler accepted Ms. Pomeroy as an expert in Professional Planning. Ms. Porter stated that Chairman Buechler asked Mr. Magaletta at the last meeting if there would be any witnesses and he replied yes. She said that Chairman Buechler asked Mr. Magaletta if his witness will be preparing a report and he replied yes. Ms. Porter stated that she did not receive a copy of a report and wanted to know if there was a report. Ms. Pomeroy stated that she had read the transcripts from the past meetings, reviewed the file and visited the site. She said that in lieu of a report, she prepared visual exhibits and will be presenting testimony. Ms. Pomeroy presented ten (10) pages of figures that include colored photos of the survey, site plan and photographs of the site and said she will refer {o these figures in her testimony. Chairman Buechler asked to have the ten (10) pages of colored figures 1 to 12 marked as Exhibit O-2 for identification. Vice Chairman Neuer stated for the record that the Zoning Board’s rules and regulations stipulate that when a Professional testifies they are to submit a written report ten (10) days prior to the meeting. Mr. Maganella stated that the applicant is required to provide a report, not an objector. Ms. Pomeroy referred to Exhibit O-2 and detailed the current condition of the site, the parking area and the surrounding sites. Chairman Buechler asked Ms. Pomeroy if she knew when the hotel was built; she replied no. Ms. Porter stated for the record that she needs to understand who Ms. Pomeroy is representing. Chairman Buechler said that he was under the impression that Mr. Magaletta is the attorney for the owner of the BP gas station and he called Ms. Pomeroy as his witness. Chairman Buechler asked Ms. Pomeroy who she is representing and who she got paid from to be here. Ms. Pomeroy stated that she was paid from “crowdsourcing” which is a method of asking for donations over the internet from the community. Chairman Buechler asked Ms. Pomeroy who she received the check from; she said she received a check from one person. Ms. Pomeroy said that Charlotte Wescott gave her the check. Ms. Porter said that this witness represents individual members of the community and she objects. Ms. Beirne asked Ms. Pomeroy if she has a list of all of the contributors; she replied yes. Ms. Pomeroy stated that some of the contributors are

s individual members of the community and she objects. Ms. Beirne asked Ms. Pomeroy if she has a list of all of the contributors; she replied yes. Ms. Pomeroy stated that some of the contributors are anonymous. 10

Ms. Beirne instructed Ms. Pomeroy to submit a list of all of the contributors. Ms. Pomeroy continued her testimony and identified all of the figures in Exhibit O-2. Chairman Buechler stated for the record that her google map is incorrect in figure 3; he said there is no traffic light in it. Ms. Pomeroy stated that this is not a continuance of a non-conforming use; she said this is a new use. Ms. Pomeroy stated that there are safety issues regarding the hotel parking. Chairman Buechler asked Ms. Pomeroy if she is a traffic expert; she replied no, Ms. Pomeroy stated that there are three public uses in the area, not one use, and those three areas each need a 500° buffer. Vice Chairman Neuer asked Ms. Pomeroy if she is suggesting that there should be a 1500° buffer; she replied no. Ms. Pomeroy said that there is no buffer between the school and the Quick Chek. Chairman Buechler asked Ms. Pomeroy if she is saying that it is bad because the school can be seen from the Quick Chek; she said that the canopy over the gas pumps can be seen. Chairman Buechler said that the canopy is illuminated only at night and the school is not open ~ then, Ms. Pomeroy said that there will be a lot more commercial activity which is negative to look at. She said that the gas station will be unsightly to look at also. Ms. Pomeroy said that she believes that all of the information that was given to the Board Members was inconclusive. Vice Chairman Neuer stated that the applicant will have to go before the Essex County Planning Board also because Northfield Avenue is a county road. He said they will also address drainage and traffic at that time. Ms, Pomeroy said that the pedestrian improvements that the applicant is proposing do not meet the requirements of the Township’s Master Plan. Ms. Pomeroy stated that there is some conflict regarding the refuse and gas delivery trucks. She said that all deliveries are going to be introduced into the drive aisle. Ms. Pomeroy detailed how, in her opinion, the design lacks continuity noted by the lack of buffers. i

Ms. Pomeroy explained why the variances being sought should not be granted. She said that lots 26 and 28 are undersized and that there is no room for any further amenities for the hotel if you reduce the lot size. Ms. Pomeroy expressed her concern regarding the existing parking in front of the hotel and having no way to access the rear parking lot from the interior of the hotel. Chairman Buechler stated that there is no difference in what is there today or what is being proposed as far as walking through the parking lot to get to the rear of the hotel. Ms. Pomeroy stated that she does not see any benefit to this application. Chairman Buechler asked Ms. Pomeroy if the BP gas station has a canopy; she said she did not know. Ms. Pomeroy stated that the site is too small and by reducing the size of the lot it will affect the hotel. Chairman Buechler asked Ms. Pomeroy if she has any experience in environmental matters; she replied no, Ms. Pomeroy stated that the proposed use of this lot will have a negative impact. Chairman Buechler asked Ms. Pomeroy how many times she visited the site in the past three months; she replied three times. Chairman Buechler asked Ms. Pomeroy how much time she spent at the site; she replied one hour each time she visited. Chairman Buechler asked Ms. Pomeroy if she walked up and down Northfield Avenue; she replied yes. Mr. Quentzel asked Ms. Pomeroy if she is representing the BP gas station; she replied yes. Mr. Quentzel asked Ms. Pomeroy what the buffer is from Codey Arena to the BP gas station and did BP get a variance at the time of his approval; she said it was a pre-existing use. Mr. Quentzel asked Ms. Pomeroy if the BP gas station is within 500’ of the Codey Arena; she said it is 100’ from lot line to lot line. Mr, Quentzel asked Ms. Pomeroy if there are any benefits to the hotel use to be derived from the proposed Quick Chek development; she replied no. Mr. Quentzel stated that the new proposed development will provide easier access to the parking spots although Ms, Pomeroy said there would be no benefit to the current hotel use. 12

Mr. Quentzel asked Ms. Pomeroy how many parking spots the hotel currently has; she replied fifty eight (58). Mr. Quentzel stated that there are fifty six (56) rooms and more than one parking space per room, He asked Ms. Pomeroy if there would be enough parking spaces; she replied yes. Mr. Bullock stated that Ms. Pomeroy said that she represents the BP gas station but was paid by acitizen group. He asked Ms. Pomeroy how she can represent someone who did not pay her; she said that a shared group paid her. Mr. Bullock asked Ms. Pomeroy if she thought it would have been better if she had prepared a report; she said that she felt uncomfortable preparing a report before the applicant’s Planner finished his testimony. Mr. Grygiel asked Ms. Pomeroy if she knew the definition of a school according to the Township’s Ordinance; she said she did not know. Mr. Grygiel cited Section 25-4b of the Township’s Ordinance for specific definitions; he said a school shall mean any building for education. He asked Ms. Pomeroy if Stagg Field is considered a school; she replied no. Mr. Grygiel asked Ms. Pomeroy, in regards to the building coverage, if the proposal included increasing the size of the hotel building; she replied no. Mr. Grygiel asked Ms. Pomeroy if the County has to approve all of the street improvements on Northfield Avenue; she replied yes. Chairman Buechler noted the time and stated for the record that the Zoning Board meetings end promptly at 11:00 pm. Chairman Buechier asked Ms. Porter if she will be requesting another special meeting; she replied yes. Chairman Buechler stated that the Board Secretary provided him with the next available date of June 4, 2015 for a special meeting. He asked the Board Members if they were available for June 4, 2015; all were available, Chairman Buechler stated that this meeting will be carried over to a special meeting on June 4, 2015 and that no further notice will be required. Chairman Buechler advised Mr. Magaletta to bring back Ms. Pomeroy so that the attorney for Quick Chek and the members of the public have a chance to ask her questions. He said afier they have questioned Ms, Pomeroy, the meeting will go to public comment. Chairman Buechler said that all public comments will be limited to five (5) minutes.

The meeting was adjourned by Chairman Buechler at 11:04 pm. Adopted: April 16, 2015 14 Mba the Rose DeSena Zoning Board ee