Gas station fight gets some refueling

Windsor residents appeal zoning board decision to allow EZ Auto to build a Mobil station at the corner of Church Street and Route 130.

By: Lauren Burgoon
   WASHINGTON — Windsor residents are going to court to fight a township zoning board decision allowing a gas station in their neighborhood.
   The residents, represented by attorney Jack Pidgeon of Pidgeon & Pidgeon in Princeton, are appealing the board’s March decision that clears the way for EZ Auto to build a Mobil station at the corner of Church Street and Route 130. The proposal was bitterly opposed by residents and the school board because, they argued, a gas station could endanger nearby homes and children at Windsor School, which is across the street from the site.
   The appeal will be heard in Superior Court. Normally such appeals start on the Township Committee level but in this case the zoning board’s decision, which was finalized April 21, was published and consequently codified on April 22.
   "After the board’s decision the board secretary usually publishes a notice in the newspaper. But unbeknownst to anyone in this case, the (station owner’s) attorney filed a notice the morning after," Mr. Pidgeon explained.
   The board secretary’s notice came five days later. There is a normally a 10-day lag to allow a chance to appeal but protesting the immediate publication by EZ Auto’s attorney would have landed the matter in court anyway, Mr. Pidgeon said, so the residents decided to move ahead with the appeal instead.
   He filed the appeal on May 17 in Superior Court but has yet to receive a court date or docket number. The appeal will only include arguments that the zoning board’s decision violated municipal land use land. The case cannot include anymore expert testimony, which both sides used in their arguments before the zoning board.
   The judge could remand the case back to the zoning board level.
   "As a village we are very hopeful that the judge will correct the decision. We had been told by so many people that our case was a slam dunk when it went before the zoning board that I, personally, am guardedly hopeful about the courts," Church Street resident Laura Friedman said in an e-mail. "Someone has to make the right decision."