Rocky Hill officials voice concern over proposed measure
By: Jake Uitti
MONTGOMERY The Township Committee chose not to introduce an ordinance Thursday that would remove the rule that service stations must be at least 500 feet away from public buildings, as well as change several other aspects of the original ordinance.
If introduced and adopted, the new ordinance would have major implications regarding the Wawa application in the township.
Wawa proposes to move one lot east from the corner of Routes 518 and 206. The new site, 550 feet east down Route 518 closer to the borough of Rocky Hill is the site of the former Princeton GammaTech building and within 500 feet of Rocky Hill’s Water Works building, if measured property line to property line.
The new Wawa would include a 12-bay gas station.
"The committee didn’t introduce (the updated ordinance) the other night, but that doesn’t mean it won’t be introduced at some other time," Township Attorney Kris Hadinger said. The Township Committee is reviewing the ordinance because of a jurisdictional and language question raised by Susan Lawless, Rocky Hill’s attorney.
On March 13, the Planning Board unanimously approved a recommendation to retain jurisdiction of the Wawa application, but to forward the disputed portion of the land-use ordinance to the committee for review, clarification and possible amendment.
The issue revolved around whether the proposed Wawa would be a service station with a convenience store as an accessory use or a convenience store that also sells gasoline.
The distinction is important because if it is determined that the proposed Wawa is a service station with a convenience store as an accessory, then the facility is a conditional use, which is prohibited within 500 feet of a public building under the current ordinance.
Township Planner Richard Coppola, who was in attendance Thursday, said the current ordinance dates back to 1984.
"The committee had requested that we prepare updates and clarifications to the ordinance," Mr. Coppola said. "So we did that. What happens at this point will be the policy deliberations of the governing body."
Mr. Coppola also said the ordinance updates were prepared "to update the ordinance provisions governing service stations in the township. They were not prepared specific to any application."
Ms. Lawless said Thursday that Rocky Hill is opposed to removing the 500-foot requirement for service stations, noting that even if the Township Committee did introduce and adopt the new ordinance, the Princeton GammaTech site, a federal Superfund site, could be removed as a possible site for gas stations, given its history with the borough.
"We are very concerned and I would like to let you know that Rocky Hill residents do not take this issue lightly," said Borough Councilman Ed Zimmerman at the meeting. "I urge you to keep the 500-foot limitations in place."
Borough Councilmen Brian Griner and Jared Witt also voiced their concern Thursday regarding the possibility that Wawa may be allowed to move and add a 12-bay gas station.
"We’re talking about stuff that is dangerous to transport, dispense, and that can leak," said Rocky Hill Mayor George Morren at the committee’s work session Wednesday night. "Wawa has been fined by the DEP for various problems in the past."
Tim Prime, an attorney hired by Wawa, told the committee, "I urge you to adopt the new ordinance. It needs to be updated." He noted that the state Department of Environmental Protection is and will be very involved with the Wawa site and its underground gas tanks.
"There is a lot of information that the Township Committee wants to gather and digest before introducing an ordinance of this type," said Mayor Louise Wilson. "It has implications way beyond the Wawa site.
"These are big questions," the mayor added. "It’s not quick work."
Mayor Wilson said the ordinance was being reviewed in large part because of the Wawa application.
"The ordinance needs clarification," the mayor said. "Once it was sent to the Township Committee, the door was opened for today’s Township Committee to clarify what was meant in 1984. And it is also within the Township Committee’s purview to say, ‘That was then and this is now, and some changes are in order.’ We need more information before we make that call."
Montgomery, the mayor continued, is not going to "take action that threatens Rocky Hill’s water supply. Having said that, there are environmental experts that would say under oath that given all the protections that have to be in place for the new tank installations, that this would not threaten the water supply. But there are other experts who would say, ‘You’re playing with fire.’"

