Gas station’s plan for store faces opposition

Gas station’s plan for
store faces opposition
Hess follows lawsuit
with application
for convenience store
BY VINCENT TODARO
Staff Writer

A group of residents is expected to contest a proposal for a store to be built at the rear of a Hess gas station on Route 18 in East Brunswick.

Amerada Hess Corp. will appear before the Zoning Board of Adjustment tonight with an application to build a 1,660-square-foot convenience store, called a mini-mart, at its gas station near Albert Street. Hess also wants to modify the gas station itself.

The 1.1-acre property is located at 232 Route 18, adjacent to a residential development, which is behind the property. Some of the nearby residents previously protested Hess’s effort to be allowed to sell food items from the site, but they were further aggravated to learn of the use variance application to construct the mini-mart.

Although part of Hess’ property is in the township’s highway commercial (HC-2) zone, the rest is in a residential zone, which does not allow mini-marts.

A recently amended township ordinance allows gas service stations in the HC-2 zone to have accessory marts as a conditional use. But Hess needs a use variance in order to expand its business into the RC-3 zone, where it is not permitted.

The site currently has a 390-square-foot, one-story building, as well as a 225-square-foot kiosk beneath a steel canopy, according to a report from the township’s Planning and Engineering Department.

Hess would demolish both of those structures and remove the existing gas pump islands, according to the current plans. It would then build three new gas pump islands under the existing canopy, and also construct the 1,660-square-foot store.

Residents from the area of Albert Street, Serviss Avenue and Andrew Place are expected to attend tonight’s hearing to voice objections to the application. Paul Dukat is one of those residents.

"It’s totally ridiculous that they’re even considering putting themselves in a residential zone," he said. "They were well aware that the area was residential when they moved here."

He said residents fear a devaluation of their properties if Hess is allowed to build the mini-mart. Residents are also worried about increased noise, traffic, garbage and parking problems.

In 2002, Hess was cited by the township for selling food items out of its Route 18 location in violation of a township ordinance. The company appealed, but the zoning board upheld the summons and would only allow the gas station to sell soda and cigarettes.

Hess filed a lawsuit against East Brunswick, and a settlement resulted in the township amending the zone to allow snack food and beverage sales at the service stations along Route 18.

Dukat likened the situation to that of the Wawa store on Milltown Road, which has tangled with the township over whether it can expand its facility. He noted the irony in that a group of residents near the Wawa have feared the store will add a gas station, while some of the residents near the Hess station oppose the store.

The Hess site includes a number of pre-existing nonconformities with the township’s zone that will remain, such as setbacks, buffer and the size of signage, according to the application.

However, the township’s engineering report made numerous recommendations on how the application can be improved. For instance, it pointed out how there is no sufficient loading area to transfer goods and products to the store. There are also no sidewalks proposed for the frontage on Route 18.

Dukat, who said he and his family have lived in the area for 20 years, said he would prefer to see the residential lot behind Hess stay residential.

"They’re welcome to put up their own house," he said.

Tonight’s hearing will take place at 8 p.m. at town hall.