ROBBINSVILLE: Gas station restrictions removed by ordinances

by James McEvoy, Managing Editor
   ROBBINSVILLE — The Township Council unanimously approved two ordinances amending the use of gas stations in the planned commercial development (PCD) zone.
   The two amendments, which were approved at the March 14 meeting, entail the elimination of proximity clauses while the other allowed for gas stations with convenience stores to be a conditionally permitted use.
   According to township officials, the proposed elimination of proximity clauses was due to courts recently ruling such provisions to be unconstitutional.
   ”Generally, if you have an ordinance that says you can only have this because of spatial separation, that’s the definition of arbitrary and capricious,” said Township Attorney Mark Roselli. “There’s no planning reason, there’s no objective standard other than we don’t want gas stations to be within a certain area (of each other).
   ”Fifty years ago there may have been safety concerns,” Mr. Roselli added. “Things have changed and courts have recognized that.”
   He further noted the use is still conditional, meaning any application for a gas station would still have to satisfy certain conditions and criteria.
   ”It’s not a carte-blanche use,” he said, adding applications would also be subject to review for construction and fire safety issues. Councilwoman Sheree McGowan said wanted to be sure the removal of the provision was due too litigation concerns and not to satisfy a specific application.
   However, resident Marilyn Yasko, who identified herself as a chemical and bio-chemical engineer, expressed safety concerns due to the removal of the clause.
   ”There’s a reason they have separation on gas stations,” Ms. Yasko said, noting several neighboring communities that have such proximity clauses. “There’s a reason for safety here. I know that we want to bring business into town, but don’t do it (at the expense) of the safety of the public.”
   She said she made similar comments previously to the township planning board.
   ”You’re taking the teeth out of the law,” she added.
   Timothy F. McGough, township engineer, in response noted Hamilton is in the process of similarly eliminating proximity clauses.