MOUNT LAUREL, MUNICIPAL CENTER
ZONING BOARD OF ADJUSTMENT
JUNE 05, 2013
7:00 P.M. - Court Room FIFTH REGULAR MEETING MINUTES
I.
The Regular Meeting was called to order by Chairwoman Conte at 7:00 P.M.
II.
The Pledge of Allegiance and Moment of Silence was observed
III.
The Public Announcement read by the Board Secretary as noticed & posted 1/13/13
IV.
Roll Call taken by the Board Secretary, Ms. DeSimone
Board Members: Ms. Jones, Present; Ms. Andersen, Present; Mr. Brod, Present; Mr. Peters,
Arrived late 7:10 pm; Mr. Killen, Absent; Mr. Kramer, Present; Mr. Francescone, Arrived late
7:40 pm; Vice-Chairman Green, Present; Chairwoman, Conte, Present.
Professionals: Mr. Litwornia, Traffic Engineer, Present; Mr. Kownatsky, Sr., Fire Marshal,
Present; Mr. Glass, Planner, Present; Mr. Long, Engineer, Present; Mr. Costa, Solicitor, Present;
Ms. DeSimone, Secretary, Present.
V.
Announcements and Review of Boards Procedures by Chairwoman Conte - It is the procedure of
this Board that every applicant is limited to 1-½ hours to present their case, which includes the public
portion. If for any reason the applicant exceeds 1 ½ hours, it will be continued to the next available
meeting, unless the Board is polled and agrees to continue the application. No application will be initiated
after 10:30PM unless the Board is polled.
If you intend on speaking during the public portion, please come down to the podium, sign in, and be
sworn in be sure to use the microphone when speaking. Agendas for tonight’s meeting are available at the
podium.
VI.
Resolution(s) to be memorialized 1.
ANNUAL REPORT MLUL 40:55D-70.1
Chair Conte called for a motion to memorialize the Annual Report resolution. Board member
Andersen moved the motion and Board member Kramer second the motion. All present voted
affirmatively and the motion was carried; so ordered Chair Conte.
.
2.
DAVID GORDON, #13-C-06
Chair Conte called for a motion to memorialize resolution #13-C-06. Board member Kramer
moved the motion and Board member Brod second the motion. All present voted affirmatively
with the exception of Ms. Andersen and Vice-Chairman Green who abstained and the motion
was carried; so ordered Chair Conte.
3.
DAN SCHAMING, #13-C-07
Chair Conte called for a motion to memorialize resolution #13-C-07. Board member Brod moved
the motion and Board member Andersen second the motion. All present voted affirmatively and
the motion was carried; so ordered Chair Conte.
4.
JASON M. LUTZ, #13-C-09
Chair Conte called for a motion to memorialize resolution #13-C-09. Board member Andersen
moved the motion and Board member Brod second the motion. All present voted affirmatively
and the motion was carried; so ordered Chair Conte.
5.
DIVING HORSE PROPOERTIES, LLC, #12-D-03
Chair Conte called for a motion to memorialize resolution #12-D-03. Board member Brod
moved the motion and Board member Kramer second the motion. All present voted affirmatively
and the motion was carried; so ordered Chair Conte.
6.
WHITESELL CONSTRUCTION, #13-D-05
Chair Conte called for a motion to memorialize resolution #13-D-05. Board member Andersen
moved the motion and Board member Brod second the motion. All present voted affirmatively
and the motion was carried; so ordered Chair Conte.
Regular Meeting Minutes
Page 2
JUNE 05, 2013
VII. Adopt Minutes
Regular Meeting Minutes – May 01, 2013
Chair Conte called for a motion to adopt the minutes. Board member Brod moved the motion
and Board member Andersen second the motion. All present voted affirmatively and the motion
was carried; so ordered Chair Conte.
VIII. Matters for Discussion
Litigation Update by Board of Adjustment Solicitor – No litigation at this time
IX.
The Boards Professionals were sworn in by the Board Solicitor Mr. Costa Mr. Louis Glass, Planner; Mr. William Long, Engineer; Mr. Al Litwornia, Traffic Engineer;
and Mr. Ross Kownatsky, Sr., Fire Marshal.
X.
Petitions before the Board
1.
ROBERT HOXIT, #13-C-08 154 Independence Lane – R-3 zone, Block 214, Lot 24.01,
The Board Secretary read the variance application and certified it application complete. The bulk
variance is sought from section 154-16 of the zoning ordinance to enable the applicant to
construction a 3-season room addition with a rear yard setback of 40’ where 50’ is permitted. Mr.
Robert Hoxit, residing at 154 Independence Lane was sworn in by the Board Solicitor. Mr. Hoxit
testified he has an irregular shaped lot and this is the only location to construct the 3-season
room. In addition Mr. Hoxit had marked into evidence A-1 two photographs a) When he
purchased the property b) Constructed an addition on his property; A-2 aerial photograph of
Independence Lane, a street in Devonshire and Timbercrest. Mr. Hoxit further stated his property
is in an R-3 zone rear yard setback is 50’ which necessitates a bulk variance. If his property was
in an R-1 zone the rear yard setback is 35’ he wouldn’t need a variance. Chair Conte opened the
public portion of the hearing, seeing none, closed the public portion. Chair Conte called for a
motion on application #13-C-08. Board member Andersen moved the motion to approve
application #13-C-08 and Board member Jones second the motion. Roll call vote: Ms. Andersen,
Aye; Ms. Jones, Aye Mr. Brod, Aye; Mr. Kramer, Aye; Vice-Chair Green, Aye; and Chair
Conte, Aye; motion carried approved.
Chairwoman Conte noted Board member Peters arrived
2.
BRENDA ZEITZ LEDOUX, #13-C-11, 231 Creek Road, Block 214, Lot 1.03
The Board Secretary read the variance application and certified it complete. The bulk variance is
sought from section 154-65E (1) (2) of the zoning ordinance to enable the applicant to 1.
Construct a 30’ x 30’ detached garage with a total height of 19’where 15’ is permitted. 2.
Maintain a second detached accessory building where one is permitted on a lot less than 30,000
square feet. The application was certified complete. Ms. Brenda Zeitz-Ledoux residing at 123
Creek Road was sworn in by the Board Solicitor. Ms. Ledoux testified that her home was tiny
and they need additional storage with her 11-year-old son. Due to a current subdivision and the
construction of 2 new houses directly in front of their property, their parking access has been
removed. They need a place to park their vehicles. Also, the existing shed that is currently in the
back left corner of the property will be removed and the 10’ x 6’ shed will remain. Chair Conte
opened the public portion of the hearing, seeing none, closed the public portion.
Chair Conte called for a motion on application #13-C-11. Board member Jones moved the
motion to approve #13-C-11 and Board member Brod second the motion. Roll call vote: Ms.
Jones, Aye; Mr. Brod, Aye; Ms. Andersen, Aye; Mr. Peters, Aye; Mr. Kramer, Aye; Vice-Chair
Green, Aye; Chair Conte, Aye; approved.
Regular Meeting Minutes
Page 3
JUNE 05, 2013
X.
Petitions before the Board - continued
3.
FELLOWSHIP BAPTIST CHURCH, #12-D-16, Chair Conte the applicant’s Attorney
was not present we will hear Wawa then call Fellowship Baptist Church.
4.
WAWA, INC., #11-D-26, 3601 Route 38, Block 500, Lots 2, 3 & 4, Use Variance
previously granted 3/7/12 Memorialized 4/4/12, Major Preliminary & Final Site Plan w/Bulk
Variances. The Board Secretary read the application and certified the completeness. Mr. Jeffrey
I. Baron, Attorney at Law represented the applicant. The witnesses to give testimony for the
applicant: Mr. Mike Redel, Project Engineer for Wawa Incorporated, Mr. Paul Phillips, Planner,
and Mr. Jeff Spalt, Engineer, Mr. David Shropshire, Traffic Engineer were sworn in by the
Board Solicitor. Mr. Baron stated the proposed Wawa is on the same lots as Martin Liquor
Store. Mr. Mike Redel testified the store would be a 24-hour operation, maximum number of
employees on the largest shift is 10, delivery schedule: Tractor Trailer fueling 1 to 2 times per
day on an as needed basis, dairy products 2 to 3 times per week, a truck will deliver the rest of
the food and other items 1 to 2 times per week. The deliveries off peak in the evening. Exhibits
marked A-1 Site plan, A-2 Freestanding sign detail, A-3 Façade signs front & rear elevations.
Chair Conte stipulates the professional status of Mr. Jeff Spalt, Professional Engineer. Mr. Spalt
testified the existing building on the lot is Martins Liquor/Dunkin Donuts store 16,000 square
feet with 84 parking spaces. Wawa requires 61 parking spaces and the site will have a total of
145 parking spaces. The Wawa building will be 5,585 square foot and will have access to the
front and back entrance of the building for parking. The fueling station will have a canopy with
(6) multi product dispensers and (2) diesels product dispensers a total of 8 multi product
dispensers at the fueling area. Stormwater management employed number of components
underground stormwater detention system and a using manufactured treatment device to remove
the total suspended solids jellyfish system. Mr. Spalt further discussed exhibits A-1 site plan
dated 6/2/13 sheet 5, A-2 signage details, A-3 store elevations dated 6/3/13, Exhibit marked A-4
elevation drawing of the gasoline canopy area. Signs over the front elevation are 12’ long the
lettering 3’8” tall and goose feature logo site above the word Wawa. At the rear elevation is the
same façade sign design its narrower 9’ wide, the letters are 2’8” tall the logo is above the word
Wawa. The monument sign is 5’ tall located on a brick base the sign is 5’1” tall a total of 10’1”
and 10’ wide sign feature and is approximately 51 square feet with the digital pricing component
of regular fuel and diesel fuel, Wawa logo, the (2) directional signs at the entrance and exit will
be located 3’ from the r.o.w. instead of the 10’ from the r.o.w line and 12’ to 15’ from the
driveway line and 2 façade signs 1) Rt. 38 Front entrance façade sign 12’ 1 ½ “ width, 5’6” high
and 66.7 square feet in area, 2) Rear parking area entrance façade sign 9’– 1” width, 4’-1 ½”
high and 37.31 square feet in area. The canopy will have no signage the dispenser pumps will
have a decal 1½’ Wawa and a goose logo. Exhibit A-5 a zoomed out version of A-1 an aerial
photograph of the Wawa site intersection. The applicant would like to have an additional
directional sign at the entrance from Marter Avenue. The Martin Liquor/Dunkin Donuts existing
freestanding sign will be moving 60’ along with the driveway being relocated. Mr. Glass noted
that Wawa will be leasing the property from the owners of Martins Liquor and the lots will be
consolidated. Mr. David Shropshire, Traffic Engineer testified that he prepared a traffic study
also prepared the NJDOT permit. The traffic study shows that Wawa is a very high pass by
traffic type of use and 75% of the peak hour traffic is already on the roadway and stopping by the
site so you’re adding to the site from the highway system.
Regular Meeting Agenda
Page 4
JUNE 05, 2013
X.
Petitions before the Board - continued
4.
WAWA, INC., #11-D-26, 3601 Route 38, Block 500, Lots 2, 3 & 4, Use Variance
The proposed signage for the building, and freestanding sign, from a safety and general operating
public in the area with the highway and internal circulation. It’s a comprehensive sign package
that is well designed. Chair Conte stipulates the professional status of Mr. Paul Phillips,
Professional Planner. He testified the Wawa land area is 4.66 acres the requirement is 5 acres a
bulk variance isn’t required due to the pre-existing use the zoning district is Business. Also,
discussed were the positive and negative criteria per the Municipal Land Use Law theirs no
detriment to the public good or zone plan. Mr. Glass, ZB Planner reviewed his reports dated May
9 and May 15, 2013. The applicant agreed to a field stakeout of the signs for the professional
staff. Mr. Long reviewed his report on Engineering and Traffic dated May 30, 2013. Mr.
Kownatsky, Sr., Fire Marshal reviewed his report dated May 13, 2013. Chair Conte noted the
applicant was at the 1½ hrs. Mr. Baron asked the Board members for an additional 30 minutes.
Chair Conte called for a motion to extend the application an additional 30 minutes. Board
member Peters moved the motion and Board member Jones seconded. Roll call vote: Mr. Peters,
Aye; Ms. Jones, Aye; Ms. Andersen, Aye; Mr. Brod, Aye; Mr. Kramer, Aye; Vice-Chair Green,
Aye; Chair Conte, Aye; so moved. Chair Conte opened the public hearing to the public. Ms.
Barbara Rich, residing at 37 East Central Avenue, Moorestown, N.J. was sworn in by the Board
Solicitor Mr. Costa. Ms. Rich discussed the Moorestown property behind the Wawa and
discussed environmental issues, the phosphorous coming off the site, the borings, and the spill
plan. The spill plan is in the Fire Marshal’s office and is part of a yearly inspection. Mr. Spalt
said that borings were done and the seasonal high water varies between 1 ½ to 3’ below surface.
Mr. Sean Wilson, residing at 152 Ramblewood Parkway was sworn in by the Board Solicitor.
Mr. Wilson discussed the Traffic impact, the Business impact in the area and there are 78 gas
tanks in this area. Chair Conte stated the Wawa was before the Board for a Site Plan and this
Board previously approved the Use Variance. Mr. Luban Siddiqui residing at 416 B Willow Turn
was sworn in by the Board Solicitor. Mr. Siddiqui owner of the Dunkin Donuts, and he leases a
portion inside Martins Liquor Store. He stated that the Wawa plan is going to impact his
business, the relocation of the Dunkin Donuts sign as well. Chair Conte seeing no further public
wanting to speak, closed the public portion. Mr. Baron summarized the application. The Board
Solicitor reviewed the conditions: Wawa is requesting a Major Preliminary and Final Site Plan,
Bulk variances for the freestanding sign, two façade signs, and three directional signs; Access to
Marter Avenue no left in and no left out; consolidate the lots; submit signage for the gas pump
dispensers; To stake the proposed sign locations; Relocating the Martins Liquor Store and
Dunkin Donuts existing 15’ Freestanding sign; Mountable concrete island pork chop off of
Route 38 expand 50’ to 50’ curb and 22’ width on the egress drive – no signage on the pork
chop; Agreed with the Board’s professionals reports; Install a stop sign in the back of Dunkin
Donuts. Chair Conte called for a motion on application 11-D-26. Board member Peters moved
the motion to approve and Board member Brod second the motion. Roll call vote: Mr. Peters,
Aye; Mr. Brod, Aye; Ms. Jones, Aye; Ms. Andersen, Aye; Mr. Kramer, Aye; Vice-Chair Green,
Aye; and Chair Conte, Aye; motion carried and approved.
3.
FELLOWSHIP BAPTIST CHURCH, #12-D-16, 1520 Hainesport Road (R-3 zone)
Block 700, Lot 21 - Use Variance previously granted 1/9/13 & 4/3/13 and Minor Site Plan –
Mr. Andy Wallin, Assistant Pastor of Fellowship Baptist Church stated their Attorney, Mr. John
Wilson, was not present for the hearing this evening.
Regular Meeting Agenda
Page 5
JUNE 05, 2013
X.
Petitions before the Board - continued
3.
FELLOWSHIP BAPTIST CHURCH, #12-D-16, 1520 Hainesport Road (R-3 zone)
Mr. Wallin asked for the application to be tabled, continued to the August 7th meeting and he
further requested an extension of review time to September 30, 2013. Chair Conte called for a
motion to table action and continue the public hearing to August 7th and extend the review time
to September 30, 2013. Board member Andersen moved the motion and Board member Kramer
second the motion. All present voted affirmatively and the motion was carried and approved.
Chairwoman Conte noted Board member Francescone arrived and participated on the last
application.
5.
COSTCO WHOLESALE CORPORATION, #13-D-02, 100 Centerton Road - MCD,
Block 503.01, Lot 1.04. The applicant proposes the addition of a wholesale gasoline fuel
facility. The Board Secretary read the application and certified the completeness for a Use
Variance, Amended Preliminary and Final Site Plan and Development Checklist Waivers.
Mr. Matthew P. Madden, Esquire representing the applicant. The witnesses for the applicant to
give testimony Mr. Pete Gwathmey, Store Manager; Mr. Russell McFall, Professional Engineer,
Maser Consulting; Mr. Nick Verderese, Traffic Engineer, Dynamic Traffic; David Roberts,
Professional Planner, Maser Consulting; Mr. Doug Brookbank, Architect, Mulvanny G2
Architecture; were sworn in by the Board Solicitor. Mr. Gwathmey, Costco Store Manager
testified to the hours of operation for the gas fueling station Monday-Friday 6:30 am to 9:30 pm
Saturday & Sunday 6:30 am to 7:00 pm. The existing Costco store has 50 employees on a shift
and a total of 167 employees. Costco will hire an additional 8 new employees and promote 1
employee to a Supervisor. Chair Conte called for a 5-minute break and then reconvened the
meeting at 9:45 PM. Mr. Gwathmey stated there will be 10 to 14 fuel deliveries a week. Mr.
McFall, Professional Engineer – Chair Conte stipulates his professional status. Mr. McFall
prepared the Land development plans and Environmental Assessment report exhibit A-1 Overall
Shopping Center plan and the existing features of the Centerton Shopping Ctr.; exhibit shows
Costco with the overall parking; A-2 Site Plan with the landscaping overlaid for clarity removing
1.6 acres of the parking lot to the north of the Costco store with a loss of 104 parking stalls in
that area. The fuel facility consists of 8 pumps double sided 16 fueling dispensers a canopy over
the pumps a kiosk holds the electrical data that goes into the warehouse. The new landscaping is
1,300 square feet increased from current landscaping. Chair Conte noted for the record the
Fire Marshal had to leave the meeting for an emergency. The Development Checklist
Waivers: 1) Showing the existing right of way and easement within 500’ of the tract 2) Showing
contours within 200’ of the tract 3) Submission of an Open space plan, Recreation plan and
Community facility plan the applicant isn’t going to impact the open space, recreation or
community facility plans. Mr. Nick Verderese, Traffic Engineer - Chair Conte stipulates his
professional status. Mr. Nick Verderese testified looking at exhibit A-1 parking lot. He looked at
two locations, the signalized intersection opposite from the YMCA and the other at the stop
controlled at the Costco site in this area doing traffic counts the peak hours Monday – Friday
from 4 pm to 6 pm and mid-day on Saturday they’re the highest hours along Centerton the
majority traffic is associated with the uses on Centerton Road. Chair Conte noted the Fire
Marshal returned to the meeting. Eliminating these spaces will not create issues with how
many spaces are available on the property during peak hours. A-2 the gas station Is as far
removed from the front door and pedestrian walkways.
Regular Meeting Agenda
Page 6
JUNE 05, 2013
X.
Petitions before the Board - continued
5.
COSTCO WHOLESALE CORPORATION, #13-D-02,100 Centerton Road- MCD
The Costco gas station proposes 8 lines of traffic, 8 pumps, and 16 fueling positions, about a
100’ of queuing distance as well as the availability of 16 to 50 vehicles in the gas station. Mr.
Doug Brookbank, Architect – Chair Conte stipulates his professional status Mr. Brookbank
discussed exhibit A-3 Rendering of fuel facility looking East; Costco gas station is one way
traffic and the 4 islands are set up so that cars can fuel from either side of the pumps the hose
will reach to either side of the car. Exhibit A-4 Perspective looking south; exhibit A-5 rendering
swinging around looking due south; exhibit A-6 rendering DD4.2-02 fuel facility the enclosure
north south east west entry restroom, heated entry for attendants and canopy signage. Mr.
Madden said the applicant was requesting a waiver for additional light intensity 30’ candles
permitted and they’re applying for 35.3 LED lighting package will be under the canopy designed
to through all of the light on the dispensers and onto the surface where your fueling.
Underground storage tanks will conform to the NFPA, DEP and Township Ordinance as well as
the dispensers, pumps and vapor lines. Mr. David Roberts, Professional Planner – Chair Conte
stipulates his professional status. Mr. Roberts testified he felt the property is particularly suited
for this proposed use and discussed exhibit A-7 Use Variance Relief –Costco Gas booklet pgs.
1-12 in a handout form colored photographs and tax map sheets. The public combine their
shopping trips at Costco or Wegmans, Target and then get their Costco gas. Positive criteria –
guiding the development of land and the public welfare there is an added convenience to the site
and will reduce trips and save time and gas for people that will be using this shopping center; (g)
providing for sufficient space an appropriate location for variety of commercial uses according to
the perspective environment requirements meet the needs of the New Jersey citizens the
appropriate location; (h) transportation routes that promote free flow traffic reducing trips on
Route 38 and 73 reducing congestion reducing and consolidating the turning movements this site
helps to do; (e) planned unit developments which this is part of which incorporates the best
layout of design to this site the way that this is designed for function and located on the site its
clearly an accessory to Costco. Negative criteria – no substantial impact on the surrounding
areas the use of gas sales is targeted and can’t sell only to Costco members in New Jersey it will
be targeted to the Costco member to maximize their convenience. Costco members don’t get
discounted prices everybody pays the same price and it’s listed on the sandwich board. The
ordinance 2006-8 reference specifically that motor vehicles stations are prohibited in the mcd
zone and the sale of batteries that take place in the main building are permitted that is clearly an
indication that the intent was not allow this use. However in ordinance 2006-8 reference in the
examination report mentions the reasons are the traffic from the pedestrian and vehicular
circulation. Chair Conte noted the time. Mr. Madden requested an additional 30 minutes. Chair
Conte asked for a motion to continue the application for an additional 30 minutes Board
member Andersen moved the motion and Board member Kramer second the motion. Roll call
vote: Ms. Andersen, Aye; Mr. Kramer, Aye; Mr. Brod, Aye; Mr. Peters, Aye; Mr. Francescone,
Aye; Vice-Chair Green, Aye, and Chair Conte, Aye; so moved. Mr. Madden concludes the
testimony for the applicant. Chair Conte asked if Board members had questions. Board member
Andersen questioned in the application you indicated one of the reasons for the variance was
undue hardship if you were denied this use. There’s been no testimony on the undue hardship.
Mr. David Roberts, Planner stated that undue hardship is something to do with economic
hardship.
Regular Meeting Agenda
Page 7
JUNE 05, 2013
X.
Petitions before the Board – continued
5.
COSTCO WHOLESALE CORPORATION, #13-D-02,100 Centerton Road- MCD
It’s clear that Costco has a history of this convenience to its members. He would rest on his
testimony that he gave that at this particular site and for this location we meet the purposes of
zoning. Mr. Madden stated the applicant was requesting a waiver for additional light intensity
30’ candles permitted and they’re applying for 35.3 LED lighting package will be under the
canopy designed to through all of the light on the dispensers and onto the surface where your
fueling. Underground storage tanks will conform to the NFPA, DEP and Township Ordinance as
well as the dispensers, pumps and vapor lines. Mr. Madden stated the applicant was requesting a
waiver for additional light intensity 30’ candles permitted and they’re applying for 35.3 LED
lighting package will be under the canopy designed to through all of the light on the dispensers
and onto the surface where your fueling. Underground storage tanks will conform to the NFPA,
DEP and Township Ordinance as well as the dispensers, pumps and vapor lines. Mr. Glass,
Board Planner reviewed his report dated May 14, 2013, he discussed the use variance for the gas
station which is prohibited and the loss of 104 parking spaces for the gas station – the fueling
station area will displace the area where all the of the store employees park -the prohibited
sandwich board sign – the development checklist waivers requested – the Township ordinances
2005-28 and 2006-8 which prohibit gas service stations located in a shopping center – the
pedestrian safety concerns – the four façade canopy signs- and why the applicant can’t reduce
the 8 pumps to 6 pumps. Mr., Long, Board Engineer reviewed his report dated May 20, 2013 the
applicant’s response to Mr. Long’s report from Mr. Russell McFall, Engineer, and dated May 30,
2013. Mr. Long summarized his report discussing the need to justify the use variance – the
applicant needs to provide testimony regarding the negative criteria – the development checklist
waivers – the applicant needs to revise the plans regarding the setback lines and the bulk
requirements – the parking spaces being removed and then relocated after the service station is
completed - the parking assessment Costco currently has 750 parking spaces and the will be 646
parking spaces upon completion of the project – the plan notes a net increase in the “green area”
– the site is subject to the Township Soil Testing ordinance and the applicant should provide a
phase I environmental site assessment. Mr. Al Litwornia, Board Traffic Engineer reviewed his
reports of May 30, 2013 and June 5, 2013. The applicant submitted a new traffic study on June 4,
2013, prepared by Mr. Nick Verderese, Engineer. Mr. Litwornia reviewed the details of the
Traffic Study. Mr. Kownatsky, Sr., Fire Marshal reviewed his report dated May 23, 2013. Mr.
Kownatsky reviewed the open items in his report. Chair Conte opened by the hearing to the
public, seeing none, closed the public portion. Vice-Chair Green asked Mr. Glass about the
ordinances and what consequences would you for see. Mr. Glass stated that other shopping
centers would be applying for gas stations with one-way traffic and the perfect location would be
in the shopping center where Burger King is they have a pad site that could be used for a gas
station. Mr. Madden addressed Vice-Chair Green concerns the Municipal Land Use Law
provides, it’s not like case law with litigation where there’s a precedence set for every
application, which has to rise and fall on its own merits. Board member Francescone stated he
was around when the ordinance was adopted and what concerns were we trying to address or
what were we worried about? Mr. Glass the concern was over the fact the township was getting
over stored with gasoline stations and that the Boards felt the gasoline stations be limited to
Route 38 and 73 given the regional pattern. No need to have an excess of gas stations defined as
pumping gas doing repairs and bodywork the noise.
Regular Meeting Agenda
Page 8
JUNE 05, 2013
X.
Petitions before the Board - continued
5.
COSTCO WHOLESALE CORPORATION, #13-D-02,100 Centerton Road- MCD
Board member Francescone questioned; was the ordinance written to prohibit service station,
which include all this, or is it written to say gas only. Mr. Glass the definition is for tire, battery
and operations and Costco sells tires and batteries and is defined in the ordinance to prohibit
motor vehicles service station. Board member Andersen read the definition of Motor Vehicle
service station; Any building, land area or other premises or a portion thereof used for the retail
dispensing of sales, of the vehicular fuels, servicing and repair of trucks under 10,000 lbs., sport
utility vehicles and automobiles and including as an accessory use the sale of and the installation
of lubricate, tires, batteries and other similar vehicle accessories. Mr. Costa recalled this issue, he
wasn’t involved in the litigation. Costco came before the Board asking for the same thing and
the Board denied the Use variance. Costco filed an appeal in the Burlington County Superior
Court then Judge Sweeny said that the ordinance would allow it based on the definition because
of that opinion Costco filed an appeal to the appellant division during the appellant appeal the
Township Council changed the ordinances to clarify what fueling was. Mr. Litwornia, Traffic
Engineer stated that the ordinance was being changed in conjunction with the Big Box Stores.
The Township Council wanted to make sure that no Big Box Stores that would be in different
zones would have gas either. It was for the existing stores and the proposed stores. It’s the issue
of pedestrian safety not vehicular safety someone walking out of their car where they’re looking
at big box stores with carts and a lot of purchases. Chair Conte concluded whether the members
of this board feel that this area is not going to have pedestrian traffic and therefore does it meet
with the township ordinance. Board member Francescone can somebody from the applicant
address pedestrian traffic in the area you want to put the fueling station. Mr. Roberts, Planner
stated that this is a remote location were there a not pedestrians there isn’t a safety issue because
it’s tucked in the corner. You don’t pass the gas station to get to the front door of the store.
Chair Conte said so that anybody that comes out of the store with a cart would run into gas
station traffic if they’re parked there. Board member Francescone can you show from Centerton
Road where they come in and leaving the site. Mr. Verderese reviewed the truck circulation
pattern. Fire Marshal what are the posted hours on your receiving door. The applicant stated
5:00am to 2:00pm. The fueling trucks would deliver at 6:30am. Chair Conte talked about the gas
station lighting hours 6:30 to 7:00 or 10:00 will the lights stay on, off or dimmed when the
warehouse is closed. The applicant stated the lights will be on when the station is open and off
when the station is closed. The pumps have the price on them there’s no pricing sign. Mr.
Madden stated we appreciate your time for staying late this evening and you have heard a lot of
testimony that this site is suitable for the Use Variance and the Site Plan. Chair Conte asked the
Board Solicitor to read the condition for the Use Variance only: Mr. Costa stated the condition
would be there will be no fueling outside of the fueling station hours.
Chair Conte called for a motion on application #13-D-02. Board member Francescone moved the
motion to approve the Use variance and Board member Kramer second the motion. Roll call
vote: Mr. Francescone, Affirmative if anybody thinks that pedestrian traffic is any worse here. If
you go to the Target or Wegmans people going in and out and the Wawa where people are
walking to the gas station this is a minimal risk as were approving of this day and keep prices
low I vote in the affirmative; Mr. Kramer, Agrees on a weekly bases he attends the township
council meetings and it seems like they want to be more business friendly and this is an
opportunity for this to happen and the gas prices are for Mt. Laurel residence.
Regular Meeting Agenda
Page 9
JUNE 05, 2013
X.
Petitions before the Board - continued
5.
COSTCO WHOLESALE CORPORATION, #13-D-02,100 Centerton Road- MCD
Ms. Andersen, Doesn’t Agree; and stated that council has made it clear they don’t want fueling
stations in MCD district there is a pedestrian safety issue. Mr. Glass pointed to the numerous gas
stations and a lot in that area it’s not necessary a fueling station for Costco customers and doesn’t
promote the general welfare in town. Mr. Brod, Agree; Mr. Peters, Doesn’t Agree; I think the
detriments outweigh the benefits. Vice-Chair Green, Doesn’t Agree; I just don’t see enough
positives on this one just the fact that it could be open up to everybody and could exacerbate the
situation it’s not just for Costco members the traffic flow bringing in a fuel truck in a major
shopping center. Chair Conte, I Disagree; for the reasons stated by Board members Andersen,
Peters and Vice-Chairman Green, and noted the motion is denied.
Mr. Madden thanked the Board.
XI.
Temporary Use Permit - None
XII.
Comments by Board Members or Professionals –
VI.
Resolution(s) to be memorialized Chair Conte noted the resolution for Highview Homes was held to the end of meeting to have
enough members to vote.
7.
HIGHVIEW HOMES, LLC, #03-D-34B a.k.a. Laurel Green – Phase 2
Chair Conte called for a motion to memorialize resolution #03-D-34B. Board member Peters
moved the motion and Board member Francescone second the motion. All present voted
affirmatively with the exception of Board members Brod, Kramer, Vice-Chair Green abstained
and Chair Conte opposed the vote and the motion was carried; so ordered Chair Conte.
Chair Conte noted at the AAA Service Center on Briggs and Route 38 a sandwich board in the
pork chop. The Board Secretary will discuss with the Zoning Officer.
XIII.
Adjournment
Chair Conte called for a motion to adjourn the meeting at 12:25am. Board member Peters moved
the motion to adjourn and Board member Brod second the motion. All present voted
affirmatively and the motion was carried; so ordered Chair Conte.
Adopted on:________________
_____________________________________
Respectfully submitted:
Jenifer L. DeSimone, Sec. Zoning Brd. of Adj.