Food sales now allowed at Rte. 18 gas stations
Ordinance is response
to lawsuit filed by Amerada Hess Corp.
By vincent todaro
Staff Writer
EAST BRUNSWICK — With many gas stations now doubling as convenience stores, the township has taken action to regulate the business and protect nearby neighborhoods.
At its meeting Monday night, the Township Council adopted an ordinance that allows gas stations to sell food and other items upon meeting certain conditions. The ordinance regulates the food concessions in part by requiring buffer areas, setting parking standards and limiting what can be sold.
The council’s action is a reaction to a recent lawsuit by the Amerada Hess Corp., which sued the township recently over a Zoning Board of Adjustment decision against allowing the sale of food from a kiosk at one its Route 18 stations. The company argued that the mini marts are part of a modern trend at gas stations and that they are an accessory use.
Township Attorney Michael Baker acknowledged that the new ordinance will allow the township to settle the lawsuit. Hess is being represented in the case by the Woodbridge-based firm Wilentz, Goldman and Spitzer. Councilwoman Christi Calvano, who works for that law firm, recused herself from the vote.
Debra Rainwater, of the township’s Planning and Zoning Department, said the ordinance is intended to regulate the 16 gas stations on Route 18 — 10 of which are located near residential homes. The ordinance requires the service stations to have buffer areas separating the businesses from the homes.
Baker said the township updates its ordinances when it is found that they are not up to date with "modern trends." He said that if an ordinance is not in keeping with more recent legal decisions and state statutes, a municipality will often find itself facing a court challenge.
Baker added that the previous ordinance governing gas stations and food concessions was "vague" and that officials felt it would be wise to put in parking regulations, buffer setbacks and other features to protect residences.
He said that if an application were turned down based on the old ordinance, the township could face several lawsuits from the various gas stations. That would allow a judge, rather than the board or the township, to decide how the food sales would be regulated.
The Hess case caused the township’s professional staff to start looking into the issue, not only to resolve the case but to address the overall legal issue, Baker said.
Councilwoman Catherine Diem said the governing body is trying to be proactive in protecting residents.
Mayor William Neary said the ordinance will regulate everything from the size of the parking lot and the number of required parking spaces to what food and merchandise is offered. In North Carolina, mini marts are even allowed to sell fried chicken, he said.
"(The ordinance) is designed to protect the people who live behind (the mini marts)," he said.
The ordinance bans cooking on the premises and requires there be one parking space per pump island, Baker said.
Council President Donald Klemp said the township has received noise complaints from residents who live near gas stations. Permitting food sales will not increase noise, and the township has other ordinances to regulate noise, he said.
One resident, Paul Dukat, said he and his family were not pleased with the ordinance. In a letter to the council, he said he lives near one of the Route 18 Hess stations and he and his family are woken up at all times of the night by people who come to buy late-night snacks. He said they frequently hear blasting car radios and revving engines.
Dukat also noted that by the time the police are called and they arrive, the noise-makers have "peeled off into the night."
"When all the neighbors bought our dream homes, we all knew that there was a gas station. No one but no one would ever have bought their dream home had there been or had you ever allowed combination gas and food stores …," he said.
Dukat also cautioned the township against caving in to demands from businesses.
"We cannot and must not ever cower and hide and surrender every time we are threatened by every monster conglomerate," he said.