Opponents of Holmdel
7-11 celebrate denial
Zoning Board denies use
variance, citing traffic,
24-hour operation
HOLMDEL — The audience let out a collective sigh of relief last week after the Zoning Board rejected an application to build a 7-Eleven convenience store at a busy north Holmdel intersection.
The board voted 5-1 July 12 to deny the application, with board member Edward Festa casting the only supporting vote.
Southland Corp., the owner of the 7-Eleven chain, wanted to build a store at the southeast intersection of Laurel Avenue and Middle Road, near the Hazlet border, but needed a use variance because convenience stores are not a permitted use in the business zone.
Opponents, led by the nearby New School of Monmouth County, continued their year-long opposition to the plan with a last ditch protest before last week’s meeting.
Approximately 15 people wearing matching shirts and holding signs gathered outside town hall.
Susan Chilvers, educational director of the private Middle Road school who organized the protest, had mixed feelings before the meeting.
"I am hopeful that the board will make the right decision," said Chilvers. "I think that all the evidence presented is in our favor, but we will just have to wait and see."
Zoning Board Chairman Irwin Baron started the discussion on the application.
"As I looked at this application I had one thought in the back of my mind," he said. "Can this use variance be granted without causing substantial detriment to the public?"
Baron said that when he looked at the traffic issues surrounding the proposed location, he was taken aback by the fact that, based on the applicant’s traffic study, the store would generate only 40 new vehicles a day.
"When you think about it, that is not that much," said Baron, drawing objections from the audience. "But," he added, "when you put 40 additional cars into a traffic stream, you are really creating a conflict."
Baron also focused on the proposed store’s hours of operation.
"If we granted this application, we would be putting a commercial business inside of, or adjacent to a residential area," said Baron. "And while the 7-Eleven is a 24-hour business, this area is not a 24-hour area."
Baron concluded by saying that the application represented a substantial impact to the community and would undermine the intent of the township’s zoning ordinance.
"For these reasons, I move that the application be denied," he said.
Board member Doreen Ignatiou seconded the motion, saying that a 24-hour convenience store in a residential area "would be quite disturbing."
Ignatiou went on to say that "the negative impact of this application greatly outweighs the positive."
Festa questioned whether the application could be approved with certain conditions, such as limiting the hours of operation, but the board attorney, Michael Irene, said no.
"The application is before the board as it exists," he said. "I suppose the applicant could always come back with a revised application, but as for now, you can only vote on the application in front of us."
Festa said he was upset that some of the things he had said through the course of the hearings had, in his opinion, been misconstrued.
"I said the owner of the property has the right to sell it, and I still agree with that, but a lot of what I said was misinterpreted," said Festa. "I will not agree with the motion to deny this application."
Board member Cornelius McCaffrey voted to deny the application because he felt that there are already enough convenience stores in the area.
"The products and services offered by 7-Eleven are already available at another store three minutes away," McCaffrey said.
After the meeting, the audience gathered outside town hall and congratulated each other.
"I am delighted by the decision," said Chilvers. "I am glad that the resounding majority of the board agreed."
Chilvers added that she felt the decision was a relief to everybody.
"I think the board considered all the evidence carefully and made an excellent decision."
Larry Fink, chairman of the township Environmental Commission and a Democratic Township Committee candidate, said he would like to work with the New School and any interested individuals to purchase the property for open space.
"I am happy that the board made this decision and I would like to explore the possibility of purchasing this property," he said.