Proposed Quick Chek Gas Station of Concern to Butler Residents
Majority of audience members who spoke oppose the plan.
The proximity of gas pumps to residences and the size of the lot of the proposed Quick Chek convenience store and gas station on Route 23 North from Bartholdi Avenue to Boonton Avenue dominated the conversation at Thursday night’s Butler Planning Board meeting asr residents voiced their opinions one last time on the application.
All but one member of the public who made statements opposed the application. Although many have spoken up multiple times at the hearings that have spanned back to January 2011, this was the first time they were allowed to comment instead of asking cross-examination questions of specific witnesses.
Proximity of Gas Pumps
The majority of audience members were quick to say they have no problems with Quick Chek in general. Lafayette Avenue resident Jerry Allison said he has been a loyal customer of the New Jersey-based chain since the 1970s, having “purchased thousands of pints of Häagen-Dazs ice cream from Quick Chek.”
Many even said they aren’t as bothered by the proposed 24-hour convenience store. The problem cited by several residents is the gas station portion of the proposal, which would feature 12 gas pumps.
“It’s too close to our homes, too close to our children and too close for comfort,” Allison said. “The mega gas is a bad idea.”
Allison also said he has driven up and down Route 23 in the Morris County area and has not yet seen any instances of mega gas stations being located adjacent to homes.
Representing Elizabeth Lyons, a Lafayette Avenue resident in her 80s, attorney John Delaney said his client is concerned about “the noise, the fumes, the danger, the intensity” and is fearful of a car hitting the pumps, possibly causing problems for nearby residents. In addition to what he said would be a strain on privacy, Allison also said he worries about the danger that children playing in backyards would face if something negative happens to the pumps.
“God forbid there should be an accident,” resident Richard Watt said. “Within a quarter of a mile, there are three schools and two churches.”
Residents Mary Anne Holdsworth and Saleem Akhtar, the latter of whom is a chemist, both brought up the health implications of being exposed to benzene, a highly flammable liquid found in gasoline.
‘Too Much in Too Little’
Another theme echoed by much of the public who commented at the meeting is dismay at the size of the lot versus how much is proposed for the project.
Allison brought up that Butler’s requirements for this type of use is at least two acres. Likewise, he mentions that Quick Chek lists a “two-acre minimum” in its site criteria for convenience stores with gas pumps on its website.
However, the lot for which the project is proposed is less than 1.2 acres. To accommodate for the borough’s regulation, Quick Chek has applied for a variance, one of many throughout the project.
“That’s like fitting 10 pounds into a six-pound bag,” Allison said. “It’s just too much in too little.”
The size of the lot is the main detractor for resident Bob Norman, who also said he finds nothing wrong with Quick Chek and that “no matter where they go, they are to be commended for the way they keep their [stores].”
Norman also brought up some of the other variances for which Quick Chek is asking, including having a building with a height of 21 feet when planning board regulation calls for 15 feet.
“It’s not going to be a peanuts, popcorn and Cracker Jack place,” Norman said. “It’s really going to be a small grocery store.”
Speaking for Lyons, Delaney said his client urges the board not to put too much on the site.
“It’s going to be a detriment to [Lyons], the community and her neighbors,” Delaney said.
Bartholdi Avenue resident Katherine Lambiaso expressed more of a problem with the proposed layout of the Quick Chek than with the project in general.
She said she would prefer the building be closer to Bartholdi Avenue than Boonton Avenue, only the former of which has sidewalks.
“If they want me to use that convenience mart, I want it to benefit our community, not just necessarily the highway traffic,” Lambiaso said.
Traffic and Entrances
Norman said he does not believe it would be safe to pull into the entrance of the proposed lot going faster than 30 miles per hour, citing that Route 23 has a 50 miles-per-hour speed limit in that area.
“In order to go down to 30 miles an hour, all of the cars behind you must also slow to 30 miles an hour or even slower,” he said.
Bartholdi Avenue resident Kathryn O’Neill said getting into the far right lane on Route 23 while approaching her street is already a scary experience without Quick Chek being there.
“I fear for my life and my children’s lives in my minivan,” O’Neill said. “What will happen, I assume, is that cars going to Quick Chek will go speeding past me in the right hand lane, or I will be in that lane and they will be very pissed off that they can’t get into Quick Chek.”
She also referenced the incident from earlier in the week when a woman had to be taken to the hospital via medevac helicopter after being hit by another car on Route 23.
“You can’t tell me that that’s not going to happen if this Quick Chek comes in,” O’Neill said.
Watt also took issue with the possibility of increased traffic on Lafayette Avenue, bypassing Bartholdi Avenue with various schools and churches, saying “you’ll have to fight for who can get up to Bartholdi.”
However, Watt said the biggest problem he foresees is the sight line when exiting the property. Other community members agreed.
“When you look back up the highway, all you can see is two bright lights,” Norman said. “You can’t tell what lane they’re in and you can’t tell how fast the car is coming.”
Norman said he is drafting a letter suggesting that the state build a shoulder there, although he admitted that would eat into some of the property.
Dissenting Voice
The only member of the public who expressed support of the project was Engle Oostdyk, whose family has owned the property since 1951.
Oostdyk, who was one of the last members of the public to speak, said that he has never had any problems entering the site after “over thousands of times” of personal experience. He also said he has never had to wait more than 15 seconds to exit, even during rush hour.
Oostdyk said he considers Route 23 to be the face of Butler and, referring to the redevelopment of the site with Quick Chek on the lot, believes many residents in Butler will benefit “if the face of Butler is enhanced.”
Although he was the only pro-Quick Chek voice at the meeting, he voluntarily struck his statements from the record after Delaney and David Dixon, another attorney whose client opposes the project, made calls to cross-examine him. Neither attorney made similar requests for any of the previous members of the public who spoke during the night.
The hearings will continue April 19 with public comments continuing in limited form. Janice Young, who was not present at Thursday’s planning board meeting, is scheduled to bring her son Ryan, who is physically disabled, to discuss how the proposed Quick Chek gas station could have negative effects on his health.
This will be followed by closing remarks from Dixon and counsel for Quick Chek.
Kathleen Grotto
11:46 am on Friday, March 16, 2012
The proposed Quick Chek on Rt 23 in Butler is a dangerous and unhealthy idea. The gas fumes and possibility /pobability of gasoline leaks and spilloff from the gas pumps puts all residents in danger of polluting the water table. The traffic flow will be seriously disturbed as well as school buses and pedestrian walkways. When a community seriously protests a proposal the leaders of the township should listen. kathleen grotto
Black
7:02 pm on Friday, March 16, 2012
What makes this Quick Check Gas Station any different from any other gas station in town? nothing as a matter of fact with all the safety rules and regulations it will probably be safer then the older stations in the area. The location of it would not effect or disturbed the school buses there is no bus root that passes the proposed location of the station. As for pedestrian walkways walking anywhere along Rt23 is not safe. as for traffic flow the location is great right before a traffic light just like the two stations by the target and home depot.
Michael N. Hull
4:09 pm on Friday, March 16, 2012
Sounds as you have the same problem as we have in Bardonia, NY 10954
http://nanuet.patch.com/articles/proposed-quickchek-is-not-appropriate-for-bardonia
Just two days ago the application was withdrawn. Now the proposal is to put a Walgreens on the site. Planning Boards are supposed to enforce the zoning code. Apparently, developers think the zoning code is what they tell the PBs and ZBAs it should be.
Keep up the good fight.
Black
6:59 pm on Friday, March 16, 2012
I will say i think that a Walgreens is a much better proposal then a gas station!!
keith
4:43 pm on Friday, March 16, 2012
are the people of butler that dumb any time you can get a tax raitable you should get it my vote bulid it already
Black
7:00 pm on Friday, March 16, 2012
Ditto lets get this done with and vote already!!!
Sherry
7:03 pm on Friday, March 16, 2012
Keith I was at the meeting last night .And the people from the town of Butler represented them selves very professional and quite knowledgeable I did not see any one person being (DUMB). Yes the tax raitable would be nice BUT WILL IT KEEP THE RESIDENTS IN BUTLER SAFE ??
Michael N. Hull
7:44 pm on Friday, March 16, 2012
The lot is already a rateable! The owner wants to make maximum profit at your expense by having the zoning changed to suit him and not you. If he is turned down you will get something else proposed on the site. The local residents pay taxes too and they have a right not to have their zoning laws manipulated to suit a single person.
Sherry
8:06 pm on Friday, March 16, 2012
I believe that the residents are ok with something else coming in there . something that will not cause them medical problem and will fit in this site because lets face it this is trying to stuff 8 pounds of crap in a 10 pound bag
keith
12:36 am on Saturday, March 17, 2012
so you mean to say that the health hazards of a gas station is greater than a auto grage i do beleave that quick check is looking to do the same thing in bloomingdale aswell and the people that live by that site are not complainig like those of you in butler if you live by a highway you get highway busness i mean you allready have a bar on the same corner that is open till 2 am
Mary Anne
7:00 am on Saturday, March 17, 2012
Keith, I take it you don't live near the proposed site, or you are somehow either involved with Quick Chek or the owners. Let me address the tax rateable, currently the owners of the property pay $32,000 in taxes per year. Tax rateables are based primarily on the size of the building, the lot size 1.165 acres stays the same, the building proposed is SMALLER then the current building, so it is quite possible that the tax revenue would stay the same or become smaller. As far as what people who buy near a highway expect..we expect any business to abide by the current zoning laws, just as the bar and other RT 23 business have done in the past, this applicant wants over 20 variances to cram this into the property, we did not expect to have a mega 24 hr/7 day per week gas station next to us when we bought our property, and expect the current zoning laws to be followed. This application also affects our ability to sell or refinance our homes because, FHA, VA, Or reverse mortgages can not be written within 300' of a gas station. If the project is such a good idea, call Quick Chek to suggest they build it near where you live.
Robert Jonas
11:35 am on Saturday, March 17, 2012
In addition to the other citizens concerns, there is the ethical issue of siting a convenience store just above the existing 7-11, what is the planning board thinking ? Part of community planning is fairness in dealing with the businesses that choose to locate in our town. I'm completely against this application.
Richard Dean
2:06 pm on Saturday, March 17, 2012
I am for Quick Chek as a resident who has been here all my life. Quick Chek's around New Jersey almost always have the lowest priced fuels over their competitors. They have good sandwiches custom made. Arguments such as the water table possibly being contaminated, well how many houses in the vicinity have wells? As for the question about situating one type of store across the street from another of the same type, if we don't allow that then I would say we would be restricting competition but maybe 7Eleven will win since it is the world biggest convenience store chain with something like 30,000 locations often within a mile or two of each other while Quick Chek is a comparitively tiny chain that is New Jersey based and family owned. A mile north there are two pharmacies within about 200 feet of each other with huge Rite Aid in Meadtown of Kinnelon and tiny Wayne Pharmacy in the old Butler Bowl building in Butler with seeming to do ok. Remember competition brings more customers to the area.
Michael N. Hull
2:36 pm on Saturday, March 17, 2012
Richard:
The adjective that you omitted is 'fair' competition. Is the 7Eleven operating under the applicable Zoning Law? Will the QuickChek operate under the same law? If so then the competition is 'fair' and we have no argument.
However, I understand that the QuickChek requires multiple variances be granted. If granted then the 7Eleven is no longer competing on a level playing field. If the 7Eleven's business is damaged it is likely to sue the town for its loss and the cost of defending that suit could cost the taxpayers several millions of dollars.
Are you sure you want to go down that road? Who is preventing the owner of the site from developing it within the applicable zoning law? No one!
Mary Anne
10:36 am on Sunday, March 18, 2012
Richard, The proposed application won't affect you at all, since you don't live in the affected area, you would still be able to sell or refinance YOUR Home using VA, FHA, or a reverse mortgage, you won't have to see a 20' wall in your backyard, and you won't have to put up with the increased traffic and noise. I guess to your way of thinking it is ok to "throw our neighborhood under the bus" so you can get your Quick Chek coffee in the morning. No one is objecting to Quick Chek building a store just like the 7-11, it's the gas station we don't want. So you are comparing apples and oranges. If they just wanted a store we wouldn't be against it. They are not competing fairly, as one of the variances they seek would regrade the property making the Boonton Avenue section where they want to put their bulding on a grade of about 16', add to the top of that a 21' building and now you have a building which would totally block the view of the 7-11 from the southbound lanes, what happened to fair competion now? Perhaps if you had come to some of the planning board meetings you would have know that. The proposed building is smaller then the current one, and the gas pumps are not a building so they wouldn't be taxed as one, so the ultimate tax gain wouldn't necessarily be a plus, especially when you consider the cost of additional police, fire and other expenses the town would have to cover. Oh, and Richard, I live in the affected area and I have a well.
butler124
2:43 pm on Monday, March 19, 2012
Why would it increase the cost of police and fire? I highly doubt one building would require additional police on duty, and the fire department is a volunteer service....so unless the building were to be on fire, there's really not a lot of difference.
John G
5:15 pm on Sunday, March 18, 2012
You all should remember this when you apply for multiple variances for additions to your properties. Also at Allison, go up the street a mile or so and you will see a mega Hess next to a school and residential development, forgot Morris County, it's in your own town.
Mary Anne
6:49 am on Tuesday, March 20, 2012
In response to butler 124 and John g, I have lived in the area for over 40 years and would be notified if anyone was applying for variances for addtions to their properties, and no one has, to my knowledge. What multiple variances are you talking about? Mr Allison 's comment is based on the fact that he would have a 20' wall in his backyard and his house would be about 15' from the gas tanks. That is not the case, with the Hess station. The residential areas are not as close. As for addtional police and fire, we are a small town and we have a small police force, do you really think that a 24/7 gas /store complex is not going to generate problems? Yes our fire department is a volunteer service, and a good one, however as with all volunteer services, there are limited amounts of members.
Richard Dean
7:37 pm on Tuesday, March 20, 2012
BTW, all of the reference to the proposed Quick Chek, 14 year old Hess and the future new gas station at the Roserne site as "mega gas stations" is really incorrect in my opinion. They are just average fuel dispensing businesses with convenience stores, nothing out of the ordinary nation wide. Regarding fire, NJ has some of the strictest fire safety provisions in our uniform fire prevention code. The existing gasoline businesses in the area have had not had that many problems needing police involvement than most other businesses in recent years. Definitely they have not required as much law enforcement presence as the sports card shop needed last year on father's day.
Mary Anne
10:03 am on Thursday, March 22, 2012
Here, we go again, comparing apples and oranges, yes, the sports card shop was certainly a problem for the town because he had the dog killer signing autographs. But, that was a one day deal. How do you compare that to a 24 hour 7 day per week operation? You don't think that it has the potential for a problem? Well, again, it would not affect you, since you don't live near the site. It would however, affect me, and my neighbors, and we don't want it!
Richard Dean
9:31 pm on Thursday, March 22, 2012
Mary Anne, property owners within 200 feet receive notices but if outside that distance by just one foot they don't. And a variance granted makes it legal. You are right about comparing apples and oranges, I was wrong making a comparison since that one day incident cost us taxayers a lot of money for all those cops on overtime. After thinking it over I can see why the residents are concerned about the bad element going to the Quick Chek at all hours, after all there must be hundreds of incidents documented at the 7 Eleven duri\ng the past 18 months. I remember all of the problems that happened at Goody's Hamburgers when it first opened with cops from a dozen towns having to respond almost every weekend night for trouble while innocent people were eating in their cars until midnight, something that left Butler's leaders not wanting another fast food place for many years.
Mary Anne
9:14 am on Friday, March 23, 2012
Richard, I remember the problems at Goody's, this supports our fears about having tables at the Quick Chek, this invites people to hang around, including those leaving the bar, after a night of drinking, or kids with nothing better to do. Do you remember all the problems generated when the game room was open? We understand that the property will be developed, but it should be developed, within the current rules. We are also opposed to the gas station for many other reasons, including traffic. Residents on Layfayette Street don't want a 20' wall in their back yard, which is one of the many variances that is requested, they don't want an underground gas tank located within feet of their homes, as they are concerned with spills and leaks, because it did happen at the current location of the 7-11 when it was a gas station. Those of us in the area whose homes were built prior to the town supplying water, all have wells, so we are concerned about that. We are also outraged that some corporation would come into our town and request all these variances, on an undersized lot (by their own standards, they want 2 acres for a store and station this site is 1.165) I guess they feel we are a bunch of hicks they can pull something over on. Do you think that the folks on Layfayette Street would ever be able to sell their homes if this goes in? One thing for sure, VA, FHA, or reverse mortgages are not approved within 300' of a gas station, so that affects financing for us all.
NJ Steel
10:56 pm on Saturday, March 24, 2012
First off, people that live on Lafayette Street basically live on the highway. They are worried about some tanks in the ground??Show me 1 case where tanks are leaking in the ground with the modern tank technology that new gas stations put in place. Tanks leaking is a lame excuse why you don't the gas station there. Please...I would worry about all the pollution produced by the motorcycles, trucks, and cars before I worried about tanks in the ground. Secondly, you couldnt sell your house as it is...BECAUSE YOU LIVE ON TOP OF A HIGHWAY, not because a brand new gas station is there. Thirdly, I would rather have a 20 foot retaining wall instead of the looking at the back of an ugly, old, dilapidated building. Lastly, you are worried about traffic??? How did 7 eleven get built if residents are worried about traffic? I say build it. What would people on Lafayette street like to see go up instead of a gas station????? Another used car lot??
Michael N. Hull
11:33 pm on Saturday, March 24, 2012
Check out this video on YouTube:
http://www.youtube.com/watch?v=1ZWFoXTFUYY&feature=youtube_gdata_player
NJ Steel
10:15 am on Sunday, March 25, 2012
Thank you Michael Hull for further re iterating my point that you are all NIMBY type people. The Quick Chek that was on fire in Middletown NJ was not a gas station but just a Quick Chek in a strip mall. NO gas pumps there. Try again. Find me a gas station with modern equipment where the tanks caused devastation or leaked. The new equipement has unbelievable detection devices that most NIMBY people could never comprehend. I guess the older residents of Butler like looking at flop style buildings that look like they are about to crumble rather than see brand new development.
Michael N. Hull
1:14 pm on Sunday, March 25, 2012
NJ Steel: I may be NIMBY but I do have the courage to use my own name. Since you do not this is my final response to you.
Despite safety precautions taken at gas stations static discharge fires are common as are fires caused by teenagers smoking while pumping gas. Here are YouTube links to such fires and one video speaks to the common occurrence of static electricity fires.
http://www.youtube.com/watch?v=J6Ch7TDci8I&feature=youtube_gdata_player
http://www.youtube.com/watch?v=3TgGHcA_z7M&feature=youtube_gdata_player
http://www.youtube.com/watch?v=wj4mw2It_bg&feature=youtube_gdata_player
http://www.youtube.com/watch?v=gHB5pGG71ks&feature=youtube_gdata_player
http://www.youtube.com/watch?v=5m-VgWwfh0c&feature=youtube_gdata_player
http://www.youtube.com/watch?v=GA7ppYiYicw&feature=youtube_gdata_player
http://www.youtube.com/watch?v=QgAaj3DkA-w&feature=youtube_gdata_player
http://www.youtube.com/watch?v=eUEU3aZlzWc&feature=youtube_gdata_player
The question in Butler resolves around the Town enforcing its zoning laws. There is more than one party, the Quick Chek, to these concerns. The residents have a right to have zoning laws enforced. Developers think that zoning laws are what they say they are. I will be publishing an article in NY on the consequences of granting variances on implementation of the RLUIPA law. Stay Tuned.
It takes something stronger 'steel' to overcome illegality. Human courage backed up a consciousness of what is just suffices.
NJ Steel
7:08 pm on Sunday, March 25, 2012
All you showed me was a bunch of static electricity fires caused at gas stations. Oh thats rights...fires and dangers can only happen at the Quick Chek that is going to be built in Butler NJ. Seriously..nothing devestating. I ask you...What other businesses would you like to see there???? A car lot???
Mary Anne
10:26 am on Wednesday, April 4, 2012
In reply to NJ Steel, or who ever you represent, Royal Pontiac property owner??, Quick Chek?? We live in the area, I'm sure that you don't. In answer to your question about what we would like to see built there....Something that doesn't need 23 variances to be built for starters, something that doesn't bring our property values down because FHA, VA and reverse mortgages aren't written within 300' ft of a gas station, something that doesn't stay open 24 hours and 7 days per week. Yes we would prefer a used car lot, they are closed on Sundays and are open during normal business hours. As for the comment about a 20' wall, of course you would rather see that, IT WON'T BE BUILT IN YOUR YARD. How dare you try to minimize the legitimate concerns of the residents of Layfayette St. for whatever REAL reasons you support this project.
Mary
4:56 pm on Tuesday, April 17, 2012
I'm a Butler resident and oppose this strongly. I take Route 23 to and from work every day and every day there are many, many, many cars that drive the lane that is supposed to be the entrance/exit from the proposed QC site. I use that lane to make the right turn onto Boonton Ave. This is going to be a nightmare as cars pile in and out of that place. Wait and see!!
steve aungst jr
12:36 am on Saturday, May 5, 2012
There truly doesn't need to be a high volume traffic business there at all. That whole intersection is a crapshoot to manuever to begin with, and I even feel the entrance to the 7 eleven in that right shoulder/exit lane is extremely dangerous as well. You forget, on a highway people are racing like idiots to get around, and others make last minute decisions..bad combo for that whole area. Its tough to say what a good business would be for that area, but another gas station....really!?!?
I hear all this hype about new tanks and technology. Who is to say these materials will last as long as proposed? How many "great technological advances" in materals fail? NASA to this day cant make a skin that will stay intact on a shuttle 100% with all the resources they have. I am sure when the old tanks were dropped in the ground back in the day nobody anticipated the failures of them and the level of damage they incurred. Monitor systems fail...all electrical and mechanical systems are vulnerable to failure. If Quick Check truly cares about its customers and their happiness and health, build a store, drop the pumps from the plan and move on with building. Otherwise it simply looks like all they worry about is profit to them, and nothing matters about the community.
K Lambiaso
11:16 pm on Tuesday, May 29, 2012
The proposal isn't looking at all potential customers. With the wall on the Boonton Ave side commuters using NJ transit bus won't be able to walk easily to the Quick Chek convience mart. Also fellow pedestrians coming up Bartholdi Ave would have to cross over the gas fueling areas to get safety to the mart. Overall, the lot is too awkward for both uses requested. Looks like it is targeted only for vehicle traffic mainly from Rt 23 northbound.