Owner sues Hamilton over separation ordinance repeal
by James McEvoy, Managing Editor
HAMILTON — Daniel Steele, owner of a BP gas station on Route 33, is suing the township months after the township removed separation requirements between gas stations.
The council approved the amended ordinance by a 4-1 margin at the April 16 meeting. Previously, the township’s ordinance prohibited gas stations from being built within 1,500 feet of each other.
The township council approved the measure after Lindsay Burbage, township attorney, and Gary Forshner, an attorney who represents the developer that may build a Wawa gas station on Route 130, said the ordinance as is would not stand up in court.
However, R. William Potter, the attorney representing Mr. Steele, disagrees.
”The basis for the repeal of that ordinance was gravely flawed by some inaccurate information claiming that it would never withstand a challenge in court,” Mr. Potter told The Hamilton Observer.
He noted instances where such separation clauses have stood up in court, including the state Supreme Court.
The basis of holding up such separations, he said, included the fact that “excessive clustering” of gas stations can cause traffic congestion, gas fumes and fire safety issues.
In addition, he said there is an instance of a federal court upholding similar separation measures due to concerns pertaining to urban blight and the corresponding impact of larger stations putting smaller mom and pop stations out of businesses.
”We think that the separation ordinance was a good ordinance and the council, I think, was just misdirected,” he said. “I say that with all due to respect to Lindsay Burbage (township attorney), who I think is a very fine attorney.”
He said he hopes the township will reverse course on the ordinance.
”We’re extremely hopeful that it never comes to trial. Our intention is really just to preserve the option,” he said. “Our goal is, to borrow a phrase, friendly persuasion with good information.”
Township Business Administrator John Ricci said they will defend the ordinance change.
”We believe that the adoption of the ordinance removing the restriction on distance was appropriate,” Mr. Ricci said.
Mr. Steele and others who spoke during the public comment portion of the ordinance in April, noted removal of the ordinance could result in increased competition.
Councilman Kevin Meara, the lone dissenter against the ordinance adopted in April, said at the time he wanted more research with regards to case law. He said further that through removal of the ordinance the council appeared to be cherry picking.
The township Zoning Board of Adjustment will hold a special meeting July 23 to hear another application for a “super” Wawa on Route 33, located near Mr. Steele’s BP station.

