Quick Chek Proposes 20-Foot Buffer Wall

The engineer of the proposed Quick Chek on Route 23, between Boonton and Bartholdi Avenues, proposed a plan to increase the height of a proposed buffer wall from eight- to 20-feet tall at the Butler Planning Board’s Thursday meeting.

Engineer Keith Cahill, who has already , said the reasoning behind increasing the proposed height of the wall is to prevent all potentially negative visual impact on adjacent properties, especially those on Lafayette Avenue, from both the site and Route 23.

The specific height selection was done to accommodate the highest window levels of adjacent neighbors’ houses.

“Quick Chek has looked at trying to be a good neighbor, looking at many different aspects and what they’re providing,” Cahill said. “They’re taking the extra effort to provide this screening.”

In terms of maintenance, Cahill verified that the wall would be completely on Quick Chek’s property and that all maintenance that might be needed would be done on the property and not encroach on the neighbors. Additionally, he said, maintenance should be minimal due to the type of wood material being used to construct the wall.

Board member Warren Frerichs asked whether the wall would also help to buffer noise from the highway.

“Common sense says yes,” Cahill said. “It’s a significant vertical separation between the residents and Route 23. It will help, although I have not studied that.”

In response to Lafayette Avenue resident Robin Allison’s query as to when the wall’s construction would happen during the whole site building process, Cahill said he does not know exactly when but that it will probably be one of the last things done.

“Because I know you have to do a significant amount of earthwork first, the wall won’t be the first thing built,” Cahill said.

Board member John Donnelly questioned whether the height of the wall would have any effect on the vegetation on the homeowners’ side of the wall.

“Pushing the timeframe out about five or six years, what will be the effect on trees, with the lessening of light to those trees?” Donnelly said. “You’re casting bigger shadows down there. There’s going to be less light there.”

Cahill said there will be some form of shadow but that there won’t be a significant impact on homeowners’ existing vegetation.

To soften the appearance of the wall, Cahill said Quick Chek has proposed evergreen tree landscaping and enhancing the structure with “creeper” vines that grow up over time.

Variance Notification Dispute

The Quick Chek proposal, which includes plans for a store and seven-pump gas station, . The two major points of dispute for many of the residents present at Thursday’s meeting were that the variance request shift to 20 feet was a significant change and that Quick Chek had not provided notification of the variance alteration.

Resident Bob Norman asked Cahill multiple times about the height variance requirements and other residents expressed dismay during the meeting’s mid-session break that they had not been notified of the change.

Cahill explained that exceeding six feet requires a height variance in Butler. However, he argued that changing the original height request from eight to 20 feet is not a new variance request, simply an intensification of an already established request.

Following Cahill’s testimony, attorney David Dickson, representing clients who object to the proposed site, argued both that notification to the planning board was necessary and that the shift to 20 feet should be considered a significant change.

“In this particular instance, I believe notice would be required because it is a significant change in the variance sought,” Dickson said. “Further, it violates this board’s own rule of having all amendments or all plans submitted at least 10 days prior to a hearing. I would object to any further proceedings on this.”

Before the board voted to reject the objection on both accounts and continue hearing the Quick Chek testimony, Board Attorney John Barbarula said that he did not agree with Dickson’s argument, stressing that the shift to 20 feet is a “reactive change” and not a new plan.

“I do not believe this is a significant change because the application is in keeping with what was presented to [the planning board],” Barbarula said.

Following Board Member Jim Brown’s query over what exactly can be considered a significant or substantial change, Barbarula said there is no overwhelming precedence and that the decision is really subjective based on board members’ experience.

“It’s like the chief justice of the Supreme Court said, ‘I know pornography when I see it,’” Barbarula said. “You are going to have to decide that you know 'significant' when you see it.”

Regarding Dickson’s point on notice not being given, Brown said that the board often receives similar applications for which changes are requested and that “it’s all part of the whole discussion as far as the application goes.”

Further testimony was also heard during the meeting from Quick Chek planner John McDonough.

This issue will be carried over again to the board’s Oct. 20 meeting, when Dickson will present his own witnesses to testify.