Quick Chek, Butler Borough Sued Over Store Approval
Lafayette Avenue resident believes convenience store could harm her disabled son.
It has been months since the Butler Planning Board approved a proposal allowing a Quick Chek convenience store and Mega Gas station to be built on Route 23, between Boonton and Bartholdi Avenues.
But now, one of the residents who opposed the project has filed a lawsuit in Morris County Superior Court against the developer, Borough of Butler and Butler Planning Board, according to the Suburban Trends.
The lawsuit, filed by Janice Harper-Young, a Lafayette Avenue resident who claimed during public hearings on the proposal that the project would have negative health effects on her multiply-disabled son, alleges that Quick Chek did not present sufficient evidence before being granted multiple variances. The suit also alleges the Butler Council did not notify area residents before changing the borough's zoning ordinance, Suburban Trends reported.
The Butler Planning Board heard testimony on the proposal for 16 months before voting 5-2 in favor of the application. Harper-Young testified that she felt the loud noises from the 24-hour operation of the connected gas station would cause her 20-year-old son, who has several medical issues, to lose sleep. She also said the sunlight that will be blocked by the structure is needed for her son's health.
Harper-Young told the planning board she would be forced to sell her home and move out of the borough if the application went through.