zone to be amended
as result of lawsuit
Highway commercial
zone to be amended
as result of lawsuit
By vincent todaro
Staff Writer
EAST BRUNSWICK — The township has settled a lawsuit from Amerada Hess Corp. by agreeing to allow more mini-marts at gasoline stations as long as they meet certain conditions.
The company went before the township’s Zoning Board of Adjustment last year asking that it be allowed to sell snack foods from a kiosk at one of its Route 18 stations. The board turned down the request, as well as another from the company asking that a local summons it was issued for selling snack foods be overturned.
Hess, represented by the Woodbridge law firm of Wilentz, Goldman and Spitzer, then filed suit against the township, arguing that modern gas stations should be able to use kiosks to sell snack foods. Hess also argued it never violated any township ordinances.
The Township Council announced the settlement at its meeting Monday night, when it also introduced an amendment to its highway commercial zone, which includes the Route 18 corridor. Township Attorney Michael Baker said the township realized that a better way to handle the situation with gas stations that seek mini-marts is to allow them as long as they meet conditions set forth in the revised ordinance.
Baker said the amendment is intended to "cope with the trend of mini-marts" at gas stations.
"Rather than ignore it, we chose to address it in a proactive fashion to make sure there are proper buffers, and that traffic and safety are taken into account," he said of the revised ordinance.
In addition, the ordinance will have conditions for parking requirements, vehicular flow and other factors, he said.
Hess will likely present a new application to the board to have the mini-mart operate again, Baker said.
"The case goes away and they’ll proceed under the new ordinance," he said.
Zoning Board Attorney Gary Schwartz said in September that the question the board had to answer before deciding on the request was whether the use of the snack shop kiosk constituted an accessory use that was "customary and incidental" for a gas station. The board responded by voting 7-0 that it was not a permitted accessory use.
Board members also argued that Route 18 did not need any more convenience stores, and that the sale of snack foods would increase traffic. Some residents also spoke out against the mini-mart.
The amended ordinance would remove an important clause the board used to deny Hess’ request. The clause states that gas stations can sell only soda and cigarettes in addition to gas and vehicular items.
Another clause that would be removed states that the use "shall not be detrimental to the health, safety or general welfare of the township, and it shall not result in a depression of any established property values in the general area." However, the amendment also adds several new clauses regarding gas stations’ mini-marts.
The new ordinance will state that parking for the retail use must include one space per 200 square feet of retail space; building coverage for mini-marts can be no more than 5 percent of the total lot area; ATMs must be located inside the retail building; and on-site video games cannot be operated.
In addition, it stipulates that the site must "be designed to minimize the potential for turning-movement conflicts and to facilitate safe and efficient on-site circulation."
Also, all buildings must have the same architectural features and designs on all sides, and outside display or storage of merchandise relating to anything but automobile maintenance supplies is not allowed.
The council voted in favor of introducing the amended ordinance. Republican Councilwoman Christi Calvano recused herself from the vote because she works for Wilentz, Goldman and Spitzer.
A public hearing on the ordinance is scheduled for July 28.

