June 4, 2015

Chairman Buechler noted that there were inaccuracies in Mr. McDonough’s report because it was written over a year ago and it would not be allowed in evidence. Chairman Buechler referred to the Exhibit list and stated that the Exhibit numbers are off and advised Ms. Porter to go over Ms. Dillon’s Exhibit list and make the corrections. Mr. Magaletta requested that Exhibit O-2 be moved into evidence. Ms. Porter objected on the basis of credibility and stated that he report was not submitted ten (10) days prior to the hearing date. Chairman Buechler stated that Exhibit O-2 will not be entered into evidence. Mr. Magaletta approached and gave his closing argument. He said that as a procedural point, in 1986 the lots were to be consolidated into one lot and, for that alone, the application is insufficient. Mr. Magaletta said he objects to this plan because the site is inappropriate for the variances being sought. He said the site cannot accommodate the use and the burden of proof is on the applicant. Mr. Magaletta said there will be an impact on the hotel specifically because it will change the ways of the ingress and egress and also the number and quality of the variances will intensify the use of the hotel lot. He said that their traffic expert did not talk about pedestrian safety as they walk from the front to the back of the hotel; he said there is no buffer for anyone walking. Mr. Magaletta stated that he considers the reduction of the hotel property a change of use and this site cannot accommodate the use. He said that there are no other stores in the area which are open 24 hours per day, just mom and pop stores, and this will change the character of neighborhood. Chairman Buechler stated that there is a McDonalds down the street. Mr, Magaletta stated that this proposal goes against the Township’s Master Plan and that it will drive other businesses out of business, Mr. Magaletta said that he respectfully asks the Board Members to deny this application. Ms. Porter approached and gave her closing argument stating that this application has evolved significantly. Ms. Porter said that relief is warranted and should be granted because the applicant provided extensive data from their operations, real estate, safety and security, traffic, sound and planning experts. She said that testimony was presented to address the comments and concerns of the Board

ded extensive data from their operations, real estate, safety and security, traffic, sound and planning experts. She said that testimony was presented to address the comments and concerns of the Board Members and the general public. Ms. Porter said that the objectors have only presented testimony from one professional. Ms. Porter said that the fuel pumps have been a component of Quick Chek stores for the past fifteen (15) years and the business is family owned and not franchised. She said that the gas