March 26, 2015

Mr. Dias asked Mr. McDonough why Quick Chek is going forward with this if there is a big public outcry; he said that the community will benefit from the aesthetics because they are enhancing an undesirable site. Mr. McDonough said that it will enhance the community as a whole. There were no further questions for Mr. McDonough from the members of the public. Vice Chairman Neuer asked Ms. Beirne if Mr. McDonough provided her with a list of all of the cases that he cited during his testimony; she replied yes. Vice Chairman Neuer said that a number of the cases he cited are unreported. He told Mr. McDonough that when he cites an unreported case, a copy of all such cases must be attached to his report. Ms. Porter stated for the record that she would provide the Board Members with copies of the cases. Vice Chairman Neuer asked Mr. McDonough if there have been any changes to his report dated 12/17/13 that was submitted to the Board; he replied yes. Vice Chairman Neuer asked Mr. McDonough if he submitted an updated report; he replied no. Mr. McDonough said he testified to the changes. Vice Chairman Neuer asked Mr. McDonough if his report is accurate; he said it is not 100 percent accurate. Vice Chairman Neuer asked Mr. McDonough if he has represented Quick Chek in other cases; he replied yes. Vice Chairman Neuer stated that at the last meeting, Mr. McDonough was asked if there were any convenience stores within a certain proximity and he did not know the answer. He still does not know the answer. Vice Chairman Neuer asked Mr. McDonough if he agreed that items such as cold beverages, hot beverages, sandwiches and soup are sold at the convenience store to the east of the proposed site; he replied yes. Vice Chairman Neuer asked Mr. McDonough if he would agree that the Chinese restaurant to the east of the proposed site sells soup; he replied yes. Vice Chairman Neuer asked Mr. McDonough if there is anything that the Quick Chek sells that the other stores do not sell; he said that he does not know.