June 18, 2015

Mr. Bullock voted yes to deny the application. Ms. Gabry stated that the proposed site is in a congested area and that the applicant can find another location that can be more accommodating. Ms. Gabry voted yes to deny the application. Vice Chairman Neuer stated that he has the utmost respect for Ms. Porter and this is not about her not doing her job; he said that the location for this application is not appropriate. He said that he also has respect for the people representing Quick Chek and that Quick Chek would be a welcomed business in West Orange but just not in this location. Vice Chairman Neuer referred to some of the testimony provided during the hearings and said that he questioned the credibility of the witnesses, specifically Mr. McDonough’s testimony was not credible in this case. He said that the McDonough report was not valid the night he testified and that the Board relies on experts to explain the things that Board Members may not know. Vice Chairman Neuer said that he was also not impressed by the testimony of Ms. Pomeroy, the planner for the objectors. He said that her testimony did not sway him at all. Vice Chairman Neuer said that Mr. McDonough did not take the time and effort to update his fifteen (15) month outdated report which must be submitted to the Board Members at least ten (10) days in advance. He said that the professional planner’s report and testimony are at the core of a variance application. He further noted that Mr. McDonough did not do a study of the area. Vice Chairman Neuer said that the proposed Quick Chek is not offering any item that is not already offered in the area and that a larger piece of property would be more suitable for this multi-use project. Vice Chairman Neuer said that Mr. McDonough kept saying that the lot line is invisible; he said that you can see the lot line and it is not invisible. Vice Chairman Neuer said that he did not hear one valid reason why the lot line would be placed right on the building line of the existing hotel; he said that while the building should not be moved the lot line should be placed a minimum of ten (10) feet to the west. No credible evidence has been presented to justify this very substantial deviation from the Ordinance. Vice Chairman Neuer said that there was no testimony provided regarding the operation of the hotel. He said that Mr. McDonough stated in his

ustify this very substantial deviation from the Ordinance. Vice Chairman Neuer said that there was no testimony provided regarding the operation of the hotel. He said that Mr. McDonough stated in his testimony that there is no egress from the rear of the hotel and that is not true. Vice Chairman Neuer said that there is a back door at the hotel. Vice Chairman Neuer said that the hotel property is being reduced to one acre and the Township Ordinance requires a hotel to be on five (5) acres. He said that reducing the size of the lot increases the negative impact on the zone and the community. It is a substantial increase of an existing non-conforming use and no proofs have been submitted to support it.