Holmdel sued for denying use variance for 7-Eleven
Township Committee prohibits campaigning
on public property
HOLMDEL — Quicker than getting a cup of hot coffee from 7-Eleven, the township has found itself in litigation.
The Southland Corp., which owns the 7-Eleven chain, is suing both the Township Committee and the Zoning Board for denying its application to build a 7-Eleven at the intersection of Laurel Avenue and Middle Road, near the Hazlet border.
In its suit, Southland Corporation is claims that the Township Committee’s zoning ordinance is arbitrary, unreasonable and capricious, according to Township Attorney Duane Davison.
Additionally, Southland claims the Zoning Board decision to deny the company a use variance was arbitrary, unreasonable and capricious.
Davison will represent the Township Committee and Zoning Board Attorney Michael Irene will represent the board in the litigation stemming from the suit.
Because there must be a authorization from the committee for Davison to defend the township, the committee voted unanimously in favor of Davison at Monday’s committee meeting.
The Zoning Board voted July 12 to deny 7-Eleven’s application.
The board voted 5-1 to deny the application, with board member Edward Festa casting the only supporting vote.
Southland Corp. needed a use variance because convenience stores are not a permitted use in the business zone.
Southland initially proposed building a combination gas-station convenience store, but dropped the gas station from the plans.
For over a year residents had come out to express their opposition to the proposed convenience store.
Residents of both Holmdel and Hazlet joined together to fight the proposal, claiming that the intersection of Laurel Avenue and Middle Road was already a traffic nightmare and that several other convenience stores already existed in the area.
Faculty, parents and students at the New School of Monmouth County, Middle Road, located a short distance from the site, led the opposition and staged a number of protests against the proposed convenience store.
Davison is unsure when the litigation will be begin.
The suit "was just filed so we have no idea when this will begin," he said.
Also Monday, the committee voted unanimously to adopt an ordinance prohibiting employees or incumbents seeking office from using public property for campaign purposes.
Public property would include such things as fax and copy machines.
The ordinance also prohibits the use of public facilities for fund raising while any part of the building is in use for township business.