7/11 & HazDel
7/11 & HazDel
Southland has appealed. The issue now goes before another board, where the Holmdel Zoning Board of Adjustments must defend it's decision. This is not a public hearing. The only thing that the HAZDEL group can do now is ask for an intervention - a lengthy process of reviewing the transcripts and hightlighting from them the issues already raised in the original hearings that support the boards decision on a legal basis. A new New School Parent (un-involved in the original battle) who is lawyer familiar with the proceedures and Southland's legal team has offered to work this issue PRO-BONO. This is very welcome since we're still raising money to pay the professionals involved in the initial protracted set of hearings.
We WON!!! July 12, 2000
The Holmdel Zoning Board of Adjustments voted 5 to 1 that the use waiver should not be granted. The Board's Legal Counsel directed them to focus on the Issue of the Use Variance. Did the applicant prove that:
 | + The Site was PARTICULLARY suited to the proposed application almost to the exclusion of other permitted uses |
| - No significant detriment to the Public Good, and |
| - No significant impairment of the purpose of the zoning plan |
such that the Board could reconcile it's omission from the overall plan.
The board was required to
| impartially hear ALL sides, |
| review the materials / tapes before hand, |
| listen to the guidance of their legal counsel, |
| openly discuss their perspectives on the case and |
| vote to decide the case on it's own merits. |
The board did this, despite significant heckling, from many members of the opposition. During their deliberation the several members of the board protested the heckling, political stands taken, and time wasted discussing alternatives that were not a part of the proposal at hand.
They acknowledged the traffic reports indicated a relatively low increase of traffic - perhaps less than other permitted uses. Many were concerned with the impact to the already existing "Failed" traffic conditions that the entering / exiting traffic would have on the situation.
The impact of the 24 hour nature of the proposed use was deemed to have a significant negative impact on both the environment and the nature of the residences near by. It did not seem that the board felt it appropriate to allow the use but limit it's hours of opperation, although the prospect was discussed.
Since most of the traffic was expected to be "Pass-By", one board member indicated the use was not providing the neighborhood service outlined by the description of the Zone. The needs it might provide were already available there on a more reasonable schedule, and from non-residential areas within 3 minutes drive of the proposed site.
We've won. We can be especially proud of the people who argued so effectively for us, both the professionals, and non-professionals. This issue is still not over. We need to complete the payment for the professionals. Future work may still be needed. As some members of the board pointed out that the use is suitable even though it is not particularly suitable. There was some discussion that if a permitted comercial use had been proposed the burden of proof & decision could go the other way. This could be prevented if the Planning Board / Ruling Body is convinced to rescind the zoning change that made this a B2 lot. This would return it to residential use. Alternately the owner may be convinced to sell it for a use that is in-keeping with the neighborhood, but without detriments to the extent the 7-Eleven would have had. Either way there's bound to be more fundraising and continued attention, though not to the same level as this past year.
Remember : We need to continue the show of force at the Holmdel Meetings. We have to show we're not going away, and we're not placated by the elimination of the Gas Station. We need to get more people than ever!!!!
Brief notes from the February, March & April meetings:
The February, March & April meetings are a bit of a blur, attendance dropped slightly, but we still made a reasonable showing and kept up the opposition.
February saw a readout from the site visit, modification to the landscaping, and parking plans and further concern about the parking & garbage. Most of the questioning was put off due to a tight agenda. March the traffic report started. The repetition was interminable and tempers flaired during the public questioning. Again questioning was interrupted due to lack of time and a full agenda. April Southland's wrapped up its case. The former traffic engineer was replaced and the new expert spoke to issues raised by the zoning board's experts. Finally cross examination was completed. The opposition case was able to start. Larry Carton called the first two of his witnesses - Connie Dobilas & Candice Wolkovitz. Connie testified to the comments that were made during the 1997 zoning board that changed the property from Residential Townhouse - to B2 neighborhood business. She also spoke about the traffic & business done in her P&P Sweet Shop on the opposite corner. Candice had put together an exhibit of photos taken during a typical day at the Laurel & Middle Road intersection. She testified that the times the traffic was at its worst was on rainy days and during the summer holidays. Since the case still wasn't wrapped up, the board scheduled a full special meeting to wrap the case up and (hopefully) come to conclusion.
That meeting is set for 5/10/2000. The final opposition witness - our planning expert - will testify & be questioned. Then it will be the public's turn to make sworn statements of their opinions. Anyone not represented by Larry Carton will be free to stand up, be recognized, and state their position/concerns for the board's consideration.
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Fourth Zoning Meeting Held 1/5/2000 at Holmdel Town Hall
Southland's second expert (site planner) completed his testimony, and the third (site engineer) started. No real decisions were made other than to have a site visit Saturday 2/5, and the next town hall meeting 2/9. Despite the rumors, hopes, etc., Southland still showed no sign of backing off. The current prediction is at least 2 more town meetings - one to complete the applicant's case (traffic engineer) and at least one more to put the opposition case (our expert witness) before the board.
There was 80-90 people there. This was pretty good considering the timing so close to the holidays and with no prep meeting before hand.
Southland's Planner, Peter G Steck, resumed his testimony, recapping and continuing that 3 of the 6 existing businesses at that intersection were not permitted uses, and that both B2 corners had free standing signs too close to the intersection given the current zoning. He argued that the bulk variances were all associated with pre-existing conditions, predominantly brought on by earlier appropriations for right-of-way and road widening. All adjacent land was not in the B2 zone, and so they could not solve the problem by acquiring more land. He also argued that not getting the variances would constitute a hardship. He said the free standing sign would be needed for people approaching from the south to see the business, due to the bend in the road just before the property. Not only is such recognition needed for retail survival, he said it could even be considered a safety feature warning drivers in advance so there would be fewer abrupt turns from people overshooting the driveways. He claimed the site was particularly suitable, and an efficient use of space as well as being minimal traffic impact since it was not a destination use. He used the pictures he had taken (Exhibit A4) to demonstrate some of these points.
Some points raised in cross examination by the Board, Larry Carton, and Susan Chilvers included:
| The photos were deliberately taken when there were no cars obstructing the view. |
| B2 permitted uses are most predominantly destination uses, and that the "passing use" of a convenience store generates significantly more entrance and exit traffic than other existing businesses. |
| There was some contention that the sign required a variance not a waiver (required great burden of evidence / testimony of both the positive and negative factors. |
| Many of the other uses, and the signs appeared to have been there for a while and could have been in place before the current zoning regulations came into effect. |
| Several comments the expert made were corrected in some way by Larry Carton (precision in measurements, directions, definition of restaurants as conditional uses versus use by right, and the "legal" basis of the "common sense" assumption that acquiring adjacent property would not solve the buffer / bulk variances. |
| Southland had not queried the neighborhood for their "need" for a convenience store there, but had assumed it would be used by the neighborhood, based on past experience from other sites. |
For the most part the public was well behaved and weren't reminded to refrain from stating their own opinions, and asking questions that were not germane to the testimony and topic at hand. On the other hand there were times when unacknowledged comments and heckling made it hard to hear the testimony and responses. The point was re-iterated that Larry Carton's clients would only be allowed to speak through Larry.
The next witness was Jeff Spalt, a qualified site engineer, who was directly involved in the many iterations of the site plans, and who provided color plans and elevations of the site. He indicated that the site size, parking, coverage met the zoning requirements. He indicated they added side walks, and modified the landscaping, trash enclosure and driveways in keeping with the feedback from the county planners, and the board's representatives, taking into account streetscape and planned buffers even though adjacent businesses had not.
He speculated that if it weren't for earlier land grants for roadway development, etc., the lot would have been an acre in size, and that if the site triangle was measured from the extended curb rather than the lot line, the sign placement would have met the 50' requirement. He argued that the sign proposed was well under the legitimate size for a free standing sign (assuming it is permitted) and that it's height (20') was proposed to ensure clear line of sight below it. If needed he said it could be lowered although he understood the lowest it could be was ~13'. He indicated that he found it a particularly suitable use for the location, both because of the high traffic that would make it profitable, and because of their misinterpretation of the B2 zone "uses for the convenience of the neighborhood" as including the "convenience store".
He was cross examined for details on the:
| waste storage enclosure, and waste removal vehicles and procedures, |
| landscaping alternatives considered, |
| alternative placement of a low sign such as that at the Holmdel Plaza at Rt. 35 & Laurel Ave, |
| signage and other means of ensuring safe ingress, and egress on Laurel Ave, |
| buffer encroachment and driveways nearest the school, and |
| which of the points he testified to were based on his expertise and which were assumptions and approximations he had made outside that area of expertise. |
It was obvious that many board members and the public were concerned with the traffic and safety impact of the plan. At that point the topic was adjourned until the February 5th informal site walkthrough. Southland engineer's would be there to answer the Board's questions. The public would be welcome to observe. The walkthrough would be announced and the notes taken that would be read into the minutes at the zoning board meeting 2/9 at 8PM when the cross examination of this witness would continue.
Third Zoning Meeting Held 11/10 at Holmdel Town Hall
We won another significant point! The board ruled in our favor that a Convenience Store is not a permitted use for this property. This means Southland has to argue harder to get the variance needed to allow it. Despite the rumors / hopes / positive signs that were seen before the meeting, Southland showed no sign of backing off. As predicted it looks like this will be a long drawn out fight. The fight continues at the January 5th meeting when it would be after a "reorganization discussion". At that time the board would plan a site visit for some Saturday Morning in January.
We had ~75 HAZDEL people sign in. There was close to 100 people there.
Southland re-started their case asking first that the board vote on interpreting if a convenience store is a permitted use in a B2 zone. Southland's Planner, Peter G Steck, argued hard & long that
| That a convenience store is in the purpose of "businesses for neighborhood convenience". |
| The list of B2 permitted uses came from the B1 permitted uses, and all products sold at a convenience store could be found at one or more permitted uses. |
| A convenience store is best categorized as a "Specialty food store & Deli" |
| Similar to other uses. |
The Board, Larry Carton, and 5 others posed questions after that testimony. Most pertinent were questions pointed at other categorizations such as fast food, general retail food store, and even the extreme "Sex Shop". The specific language of the Ordinance used "limited to" and singular "specialty use", with plural alternatives, not combined usage that if taken even further would lead to a supermarket. The writers did not choose to use the language of "retail sale of consumables" that is a more accurate categorization. Also the examples listed did not include stores that were typically open later than 9pm. The point was also raised that at the 1997 zoning board meeting when the property was re-zoned from Residential Town House to B2 Neighborhood Business that convenience stores were not permitted.
Several times the public were reminded to refrain from stating their own opinions, and asking questions that were not germane to the testimony and topic at hand. While the public might not agree with the expert's testimony or answers, the expert should be allowed testify / respond uninterrupted. The point was re-iterated that Larry Carton's clients would only be allowed to speak through Larry, and Larry was again requested to supply a list of clients.
The board upheld the interpretation that a convenience store would not be a permitted use, and so Southland continued with their case asking for the additional USE Variance.
The Site Plans and Variance arguments have to show that the
| positively - i) it upholds the purpose of the land use ii) not granting the variance poses a hardship in essence confiscating the property iii) it would advance the public good. |
| negatively - |
i) it won't pose a substantial detriment to the public (e.g. traffic, safety, lighting, flooding etc.)
ii) it would not impair the implementation of master land use plans and current use of surrounding area.
| The suitability of the site for the proposed use Competition doesn't matter. |
Of course Mr. Steck argued that a convenience store is for the convenience to the neighborhood, and so in the public good and upholding the land use, The limitations on lot size, set back etc could not be met and so would prevent its use by any business. Even though it's not a permitted use many of the other businesses aren't either He also argued it was a more efficient land use.) A cross-roads with a signal control is the traditional and best place for convenience stores. That it is seldom a destination for a trip but for through traffic, and so has little effect on traffic.
He did not complete this testimony before time ran out. The topic was adjourned until the January 5th meeting when it would be after a reorganization discussion. At that time the board would plan a site visit for some Saturday Morning.
HAZDEL Meeting Notes from 11/4 at the P&P Sweet Shop
The revised proposal was posted 10/26. Fewer variances are needed, although the biggest complaint - 24 Hour Convenience Store not allowed in B2 Zone is still there. We have to hang tough and continue the fight, especially since Southland shows signs of weakening.
8:00 PM Southland Corp. has revised their plans for Lot 1, block 52 Holmdel i.e. at SE Corner of Laurel Ave & Middle Rd Holmdel. They filed the revisions on 10/26.
Their current proposal for a 2940 sq. ft 7-11 will go before the Holmdel Zoning Board of Adjustments Wednesday November 10 at 8pm.
They are requesting the Holmdel Board grant them several Variances / Waivers.
1) The lot was re-zoned B2 neighborhood commercial in 1996. The planned use as 24 hour convenience store is not consistent with the initial interpretation of that zoning. [40:55D - 70(c)]
2) The lot is undersized for this use. A depth of 200' is required from the curb. The depth is 181.5' from S Laurel Ave & 184' from Middle Rd.
3) A Free Standing is planned. Free Standing signs are only allowed on lots >=1 acre. Lot 1 is only 0.75 acres.
4) If allowed Free Standing signs must be 50' from the intersection. The plan calls for it to be Sign 25' from the intersection.
5) The driveways are too near the intersection. 100' clearance is required. Two driveways are planned (one on each of Laurel Ave & Middle Rd) 84' & 89' from intersection.
6) The driveways are also two close to the property lines. 20' clearance is required. One driveway is 9.53' from the property line the other is 5' from property line.
Other waivers / variances may be required by the board, given the impact on the traffic and other planning.
A new traffic study was done though we have not yet seen it.
The Holmdel Planner/Engineers Report was also not yet available. Our planner will try to find out when it will be available. It could be just before the Holmdel Board meeting.
Our lawyer, Larry Carton, reported that we can still expect Southland to restart their case, relative to the new plans, probably not calling on the original planner. Larry will be able to cross-examine their experts. Eventually, (unless Southland withdraws their proposal) Larry will get to call for testimony for our side. It is not clear when that will be. Our planner can be expected to refute many points their experts raise. Key to our case is the Board's original interpretation of the B2 zoning. Connie Dobilas & Susan Chilvers or other participants in the Re-Zoning Board Meeting from the summer of 1996 may well be called to testify to the original interpretation. Some of the articulate school children, may also be called on to make a statement about their concerns with the proposal.
Various sources have raised the hopes that Southland may still withdrawal. WE CAN'T EASE UP UNTIL THEY DO!!!! Otherwise they might take advantage of our weakening, to get the most out of what they've invested in the proposal (Larry C. estimates it at least $50K). Points indicating possible weakening on Southland's part include:
| The 7-11 Franchisee in Union Sq. Plaza wrote objecting to the plan and threatening lawsuit due to infringement of the Non-Competition clause in his contract. |
| Southland response is reported to have indicated the proposal is likely to be abandoned - due to more favorable location on Rt. 36 & Wilson in Middletown. |
| Another lawyer mentioned his involvement in a Middletown Zoning Board meeting for a 7-11 on Rt. 36 & Wilson. |
Actions to be taken to show we're not weakening:
| 3+ people took phone lists to call out people for Wednesday November 10, 8PM in Holmdel Town Hall |
| Susan Chilvers cancelled her vacation, and offered to drive a school bus to provide seniors transport. Her plan is to arrive at Senior Center Parking Lot ~7pm, leave there ~7:20 to get them to Holmdel early enough to get seats. |
| Susan & Cathy Waters drafted a letter to send various Southland execs along with a copy of the signed petitions & local press coverage of protest |
| The School kids would distribute fliers again the Monday before. |
| Susan sent a letter to all New School families pushing for even more representation at the Wednesday Planning meeting, especially since the presence at the HAZDEL meeting had dwindled (4 from New School and 27 total.) |
| Susan reported that The New School kids raised > $700 to help with legal fees. |
| It was suggested that someone get a photo of the large 7-11 in Barnagat to use as a bad example. |
| Other participants in the 1996 re-zoning discussion should contact Larry C. We need people to testify that the initial board interpretation did not include quasi fast-food, 24 hour store that would have a dramatic impact on the nature of the neighborhood. We need people to testify to the low impact examples that had been given (e.g. professional building, small clothing shop, beauty salon, etc.) and other comments (e.g. they explicitly said not a 7-11). |
| Every one must turn out on Wednesday, bringing a friend or relative if possible. Wear your No 7-11 HAZDEL Tee-Shirts. (We still have some more for donations of $5 or more to our legal fund). |
Larry Fink reported that the Holmdel Open Space Study was considering several properties on Rt. 35, as well as the property further down Middle Road across from Allocco Park. Unfortunately only parcels >=5 acres are eligible for funds The hope is to get all or a portion of the woodland, stream & flood planes, set aside for people to enjoy.
Larry F. passed out a notice for a Town Meeting for Saturday 11/6 at Noon, for our Congressman and a Panel discussion on Suburban Sprawl, Land Use at Tatum Park Saturday. It would be an opportunity to discuss problems and provide ideas for solutions at the Federal Level e.g allow funds to protect open space, even small amounts if its the last space available.
Remember : We need to continue the show of force on Wednesday. We have to show we're not going away, and we're not placated by the elimination of the Gas Station. We need to get more people than ever!!!!
Second Zoning Meeting Held 9/22 at Holmdel Town Hall
We won the easier 1/2 of the battle! The Gas Station is being removed from the proposal! The tougher fight - opposing the 7-Eleven Convenience Store is still ahead.
84 "HAZDEL" Citizens signed in before the meeting got rolling. Several people were wearing XL tee-shirts with the "No 7-11 HAZDEL" logo. These are available through the school for $10 a piece. Proceeds go to the HAZDEL opposition fund. Once again all the seats (~60) were taken, and the back wall of the court had to be raised for people in the lobby to see & hear the proceedings. People were still arriving after the brief session had ended.
The meeting was called to order. After a short administrative item, Southland's Proposal came up. Southland's counsel, Mr. Bruno, indicated that due to recent feedback on the traffic study and public out-cry, Southland plans to request an extension and amend their proposal. They would eliminate the Gas Station altogether. A new traffic study must be done and the amended proposal must address all of the issues that were raised by the planning board.
Mr. Carton, lawyer for the opposition, pointed out that the amended plans would be changing substantially. He requested that the plans be made available sufficiently in advance of the scheduled board meeting to allow both the board and opposition sufficient time to prepare.
The amended proposal is scheduled for review at the November 10 Meeting, at 8PM.
Because of the extent of the changes to the proposal, the zoning board is requiring that Southland make the amended plans available in advance of the next scheduled date and re-notify the neighbors within 200 feet, and the general public by November 1.
Thanks again for the continued support. The turn out was great. We need to do as well or better in November. We also need to continue to raise funds for the legal & professional fees. So far we're about 1/2 way to our goal. Connie Dobilas at the P&P Sweet Shop & Sue Balding at The New School are still collecting checks made out to "Carton & Associates" from businesses and individuals. Those who wish to be formally recognized as being represented by Mr. Carton should mark the checks as "HAZDEL CLIENT" . Those who do not want to be represented by Mr. Carton, but wish to contribute to the funds for experts to testify against the proposal should mark the checks as "HAZDEL DONOR" . These checks will go into a trust account to cover the expenses of the fight. Or you can buy a tee-shirt as described above. You can also sponsor one or more of the students in an 8-mile walk-a-thon to raise money for the fund.
HAZDEL Meeting Notes from 9/20 at the P&P Sweet Shop
8:00 PM : Meeting changed from 9/16 Due the Hurricane Floyd. The purpose was to share information about actions taken since July, hear from Mr. Carton the outlook for our fight, and to formulate action plans to get the word out for the 9/22 8PM meeting at Holmdel Municipal building, 4 Crawfords Corner Rd, Holmdel, and raise more money to finance the fight.
While only 34 attendees signed in, several were people who had not previously attended meetings. This was not unexpected given the religious holidays and the short notice given the recent weather problems.
Dr. Susan Chilvers, Education Director of the New School, kicked the meeting off with a brief summary of the purpose. She shared more about a demonstration that was held on 9/15. Fliers were being made up and the Kids would help distribute more Wednesday AM. The High School team had protest tee-shirts made up, and had covered the production costs already. They were going for a $10 donation to help with legal and professional fees for opposing the 7-11 proposal.
Mr. Larry Carton, our counsel, shared his assessment of our chances, and his recommendations to the team at fighting force. He said we have a VERY STRONG case. Our publicity and show of force has been excellent. Larry had heard from many politicians un-officially that they thought the proposal was a bad idea. He speculated that they might be reluctant to take a public stand for fear of being expected to take a stand on every other zoning proposal. He projected that the next two meetings would be spent hearing from Southland's expert testimonies. Those directly represented by Mr. Carton can't cross-examine Southland's experts. The board would look to Larry to do that for the people on the list he supplied them. Those not directly represented could raise questions but these should be kept crisp, and clearly related to the testimony of the witnesses. Once again it is best to avoid comments or phrasing that could be taken as an attack on the board.
Ms. Connie Dobilas, owner of the P&P Sweet Shop, reported on the monies that had been raised so far. We're only about 1/2 way there. We had enough to pay the planner. but not Larry as yet. We would welcome donations of ANY amount. She will also be contacting several of the interested businesses that hadn't yet contributed, and walking door to door in several of the near by condos, Tuesday evening to tell them about the meeting, give them a flier, and invite them to join our opposition.
Ms. Mary Ellen Connelley, HAZDEL committee woman, reported approaching many of Holmdel's politicians to make them aware of how upset the Hazlet community was with the over-development of it's border with Holmdel. As she put it Holmdel got the rates, and Hazlet got the headaches. She encouraged everyone to stay active, turn out in force. She, with others, volunteered to call those whose phone numbers we had to remind them of the meeting and to ask them to come.
The group agreed to the following:
| Every one would attend the Meeting 9/22, bringing as many others as possible. |
| Face to face contact to the Holmdel Town House residents was arranged. |
| Phone calling lists were distributed to those who would call and leave reminders, and other polling lists would be sought. |
| People were encouraged to come wearing one of the fund-raising tee-shirts. |
| Some of the Hazlet board would check the possibility of advertising at the Hazlet Day. |
| Connie Dobilas at the P&P Sweet Shop & Sue Balding at The New School are still collecting checks made out to "Carton & Associates" from businesses and individuals. Those who wish to be formally recognized as being represented by Mr. Carton should mark the checks as "HAZDEL CLIENT" . Those who do not want to be represented by Mr. Carton, but wish to contribute to the funds for experts to testify against the proposal should mark the checks as "HAZDEL DONOR" . These checks will go into a trust account to cover the expenses of the fight. Or you can donate $10 through the school and receive an XL tee-shirt with our "No 7-11 HAZDEL" logo . You can also sponsor one or more of the students in an 8-mile walk-a-thon to raise money to finance the fight. |
Follow on from 7/28 Meeting - Quoted letter from Susan Chilvers
July 30, 1999
Dear HAZDEL Concerned Citizens,
Thanks so much for all coming to the Planning Board meeting Wednesday night and making your presence felt. I think it was a very important first step and I’m sure we will be taken seriously in our future endeavors.
Details of the meeting can be found on the New School web site if you have access to this (http://nj5.injersey.com/~tnsadmin). Cathy Waters, a N.S. parent who waded through the township materials and produced the detailed "fact sheet" has been reporting on our meetings, and posting details. (If like me, you don’t have a computer, ask a friend for a print out.)
The main point is that our lawyer, Larry Carton, is being treated by the Planning Board as an equal and opposite "force" to the Southland Corporation lawyer and can counter all their many technical points. Larry has been working really hard on our behalf networking with everyone he knows or plans to know! He has talked to the following political people all of whom are very supportive of our cause and will work with us:
Freeholders: Amy Handlin, Tom Powers
Assemblyman: Dr. Sam Thompson, Joseph Azzolina
Senator: Joseph Kyrillos, Jr.
Larry has also engaged a planner, Richard E. Lapinski, to be an expert witness for us. His vitae accompanies this letter.
We have had great press coverage . There were reports in Two River Times, Asbury Park Press, the Independent, and the Courier (see attached article.) We can continue to be in the papers by sending letters to the editor about our position and reactions to the town meeting (e.g.: The Southland Corp.’s lack of knowledge of their site surroundings, the neighborhood, all their infringements on zoning laws, etc. . .)
? Contact the following with your letters:
| Asbury Park Press - | attn: Roya Rafei
- fax 933-1916 attn: Larry Benjamin - fax 922-4818 |
| Independent - | attn: Marilyn Duff - fax 254-0486 |
| Two River Times - | attn: Eileen Moon - fax 747-7213 |
| Courier - | attn: David Krewson - fax 957-0143 |
FAlso VERY IMPORTANT we need money for our terrific lawyer. Make checks payable to: Lawrence Carton Associates. Drop them off with Connie at the corner store or at The New School, attention: Sue Balding. The monies will be recorded and deposited in a Trust Account for the procedures expenses (lawyer, planner, etc. . .) People who donate money can be clients or donors. Clients are listed for the Zoning Board and Southland lawyer, and are represented by Larry. Donors reserve the right to speak themselves and can be questioned by the opposing lawyer or the Board. Giving money by check does not waive your right to speak as long as you are not listed as a client. We need a good list of clients so Larry can say he represents "x" number of people. Mark your check "donor", or "client" on the memo.
� Mark September 22nd on your calendar. Plan to bring at least one or two friends or family to the next Planning Board meeting. We will have a neighborhood meeting early in September to discuss our strategies for September 22nd. Keep talking to people and remind them to stay enthusiastic.
Sincerely,
Susan Chilvers - Educational Director
The New School of Monmouth County
First Zoning Meeting Held 7/28 at Holmdel Town Hall
Our first skirmish went very well (IMHO) but the war has only just begun.
7:30 PM: "HAZDEL" Concerned Citizens started Gathering with protest signs before the Town Hall. A few people from newspapers were there, and some photos of older students & adults with signs were taken.
63 "HAZDEL" Citizens signed in before the meeting got rolling to fast to catch new arrivals. MANY more joined later. By the time the 7-Eleven Proposal came up on the agenda, all the seats (~60) were taken, the walls were lined, and the back wall of the court had to be raised for people in the lobby to see & hear the proceedings. One person estimated that we were 90-100 people strong.
The meeting was called to order and the proceedings briefly described. It was interesting to watch the board in action on the earlier application on the agenda. We saw witnesses sworn in, their name, affiliation and qualifications to testify were given. The counsel for the applicant would ask questions while soliciting their testimonies. Exhibits were meticulously labeled, and referenced for the records. After the testimony of a witness was complete, the Board had the first shot at questioning the witness. In some cases specific requests were made for more details to be provided later, or questions to be answered by other witnesses. In one case a previous witness was recalled for further questioning. After the board's questions were satisfied, the opposing counsel was able to cross-examine the witness. When that was complete the public (not represented by opposing counsel were allowed to question the witness). This took quite some time. When as much as could be accomplished on that application had been completed, the board scheduled a follow-on meeting to close on the items requested that could not be addressed immediately.
There was a brief break as the court was re-arranged to accommodate the large crowd interested in the 7-Eleven - Gas Station proposal. Property owner Mrs. Cerlione was in attendance. Southland's counsel - Mr. Bruno, and 3 of their 4 expert witnesses were present. Mr. Carton was recognized as opposing counsel representing "the UN-incorporated group styled as the Concerned Citizens of HAZDEL". He was asked to provide a list of people he represents, which he will do for the next meeting. The board reminded him & those present that those he represents are not to question the witnesses. Members of the public not represented by counsel will be able to question witnesses. Once all of the applicant's witnesses and those of opposing counsel have testified, members of the public can read statements (for or against) into the record.
About 9:30 Opening statements were made by both Mr. Bruno & Mr. Carton. I will add more information from my notes as time permits. The meeting was recorded and transcribed so official meeting notes should be available from the board. The first witness called was the Ken Cushing Real-Estate Planner for Southland. He testified to the selection of the site, business "demands" that convenience stores (c-stores) sell gas & gas stations have c-stores. He testified to the lot & proposed building size & parking area as well as expected times & methods of delivery. He indicated that once approval and permits were granted construction would begin immediately and the store would be in operation 6-8 months later. in response to Mr. Carton's cross examination the witness indicated that
| his selection of the site had not taken into account the presence of the school next door, |
| he didn't know the distance of the fuel tanks from the school, and |
| he was unaware of any constraints that might be posed on the plans as a result. |
The counsel for the applicant requested public questioning wait until the site engineer had testified, as he would be able to address many of these issues. The board declined that request. Given the lateness of the hour, and the many (I counted at least 5 ) members of the public who had questions for the witness, the proposal was tabled until the September 22 Meeting when it would be the first item on the agenda, at 8PM.
As the "HAZDEL" citizens cleared out, I caught up with Susan Chilvers, and Danny Maiulo. I understand that Connie Dobilas at the P&P Sweet Shop & Sue Balding at The New School are collecting checks made out to "Carton & Associates" from businesses and individuals. Those who wish to be formally recognized as being represented by Mr. Carton should mark the checks as "HAZDEL CLIENT" . Those who do not want to be represented by Mr. Carton, but wish to contribute to the funds for experts to testify against the proposal should mark the checks as "HAZDEL DONOR" . These checks will go into a trust account to cover the expenses of the fight.
HAZDEL Meeting Notes from 7/26 at the P&P Sweet Shop
7:30 PM : Meeting changed from The New School of Monmouth County to the P&P Sweet Shop to have more room. The purpose was to share information about actions taken since the 7/20 meeting, hear from some of the Hazlet township officials and to formulate action plans to prepare for the 7/28 8PM meeting at Holmdel Municipal building, 4 Crawfords Corner Rd, Holmdel.
Over 65 attendees signed in, plus some observers. Over 40 were people who had not attended the 7/20 meeting. It seemed there was about 1/3 Holmdel residents, 1/3 Hazlet residents and 1/3 New School Parents.
Dr. Susan Chilvers, Education Director of the New School, kicked the meeting off with a brief summary of the actions since the 7/20 meeting. Fliers were distributed widely. Letters were sent to the Holmdel Zoning Board Members, and the Board of Chosen Freeholders from many of The New School Parents. Many politicians were contacted, and several Hazlet officials, including Mayor O'Brian, and several members of the Hazlet Board, candidates for various Holmdel and Hazlet offices, representatives from Holmdel Environmental Committee, and members of the Citizens for Informed Land Use. Fact Sheets and a summary of the pertinent Holmdel zoning ordinances were distributed at the meeting as was a response to Susan's letter to Southland. Letters and fact sheet were given in person to Gov. Whitman in person. A lawyer experienced in planning and adjustment cases was contacted, and joined the meeting as well.
Mayor Frank O'Brian, pledged the support he and the current Hazlet representatives could provide, but warned that support is limited as they have no votes in Holmdel's autonomous zoning decisions. Their weight of their arguments in the record would be far less than the weight of Holmdel taxpayer making the same arguments. Southland is a large corporation that owns 7-Eleven and Citgo. They have made the combination very profitable, especially in states where "Self Serve" is permitted. He and others including Deputy Mayor Michael Sachs, emphasized the importance of turn out at EVERY meeting and persistence. The fight would not complete in just a meeting or two. The team has made a very strong start with the preparations to date. Continued and increased support (200 - 300 people) through out all the associated meetings will be important to be successful in swaying the board of adjustment's decisions.
Mr. Art Davey, candidate for Holmdel office this fall, emphasized that he and his running mates are committed to support and represent the entire Holmdel community, not just those the other side of Rte. 35. He indicated they will pay attention to the concerns of neighboring communities.
Mr. Larry Carton, counsel to the Middletown Planning Board, shared a background on the adjustment / planning process, his assessment of how the issue will progress, and his recommendations to the team for effective ways to get their position officially in the record.
There are two separate boards in question, the Planning Board and the Board of Adjustments. Holmdel's boards are conscientious, and thorough. It is the job of the Board of Adjustments to determine, based on the record, if the benefits of the proposal out-weigh the down-side of the proposal. The greatest weight is given to professionals testifying in their area of expertise, the next to Holmdel Tax payers and voters, and to the impact that publicity and sheer attendance can have on the voting public. This summer and early fall is not a good time to push through controversial proposals, since many politicians are up for re-election and there is apt to be low turn out. The proposal cannot be turned down based on either commercial competition or emotional arguments. Emotional attacks at the Board's integrity are ESPECIALLY INEFFECTIVE at swaying the Board's decision in favor of the attacker. If the variances are not granted, the applicant can sue to over turn the decision. At that point the Board of Adjustments' Counsel will be involved, and the burden on the opposition is less. The case is apt to be heard by Holmdel Judge Lawson, who will assess the fairness of the claims, again based on the record. Practically speaking both sides have an equal burden of proof.
The meeting on 7/28 is likely to be the first of 2 - 4 meetings. The meeting starts at 8pm. The first item is likely to take 1 hour. The Southland proposal is second and last on the agenda. Their testimony is unlikely to complete before 11 (no new business is accepted after 10:30). Southland has been preparing their case for 1.5 - 2 years. They are well supported by very competent people - their Lawyer (Mr. Bruno), Planners, Engineers, Traffic and Environmental Analysts. Their experts will testify for the record that their plans are sound, will benefit the community with additional jobs, services and resulting additional taxes. There will most likely be two "cases" - one for the variances for the convenience store, and one for the gas station. The case for variances for the convenience store is "easier" to make. It primarily hinges on the size of the property, arguing that a convenience store is an unstated but permitted use in the B2 zone, and that the traffic & environmental impact of the proposal are reasonable. The case for the gas station is much more complicated, because of Holmdel's stringent requirements for gas stations which have been upheld 3 out of the last 4 proposals for gas stations.
Larry recommended that a portion of those concerned be represented by a lawyer and engage at least one planner. Those directly represented by the lawyer would be limited in their ability to individually testify, or cross-examine Southland's experts. The board would look to their lawyer to do that for them. Those not directly represented by lawyer & planner, could still donate funds to hire the lawyer & planners, and would be free to speak up as individuals. Larry estimated that it would cost in the neighborhood of $2000 for one planner, and that a total of $5000 be planned for legal counsel & experts combined. One traffic analyst when shown Southland's report expressed the opinion that it would be hard to counter. Questions from the attendees raised other arguments to consider: the rights of the school's students, statements by the board when the lot was re-zoned in 1997, and other possible appeals for use of the land, either to remain as open space or be turned into commuter parking. Additional discussion about the importance of getting testimony in the record against the 7-11 since the Southland strategy could be to drop the gas station, but retain the 7-11 and get the variances needed for it a concession to not getting the variances for the gas station.
Ms. Connie Dobilas, owner of the P&P Sweet Shop, had worked with others to research other 7-11 stores and gas stations in the area. The nearest Citgo station is only 0.7 miles away on Middle Rd in Hazlet. Owners of the nearest 7-11 store, only 1.7 miles away on Rte 35 & Union Ave in Holmdel, and a nearby Exxon station, participated in the meeting and offered financial support for the cause. Connie also reported that from Old-Bridge to Sea-Bright, no town had more than one 7-11. This would be the first. All of those were on major roads, and none were next to schools. Again this would be a first. There was also discussion of current problems with flooding, and the impact the increase in coverage would have on that situation.
Mr. Larry Fink was the person who initially raised the upcoming development plans to the attention of the New School. Larry pointed out he was a member of Holmdel's Environment Commission who are currently proposing uses for Holmdel's open space funds and possibly some from the county. The other topic on their agenda is this same proposal. Larry F. is also a member of the Citizens for Informed Land Use (CILU). He and other members present recommended continuing the push for publicity. Suggestions included sending copies of signed letters to politicians to all local press, and getting some of them read into the record, using the signs (with-out weapon-like sticks) made up by one of the parents (especially "Children & Gas don't Mix") with kids at the school, and outside the 7/28 meeting with calls to local papers to get photos, provide press releases concerning the protest / campaign, and making road side signs to raise awareness of passers-by. Larry Fink and Carol Bekenstein (also a member of CILU) are running for office in Holmdel in the fall. Larry F. also encouraged everyone to stay active in the Environmental concerns, such as those espoused by the CILU even when fight ends (successful or not).
The group agreed to the following:
| Every one would attend the Meeting 7/28, bringing as many others as possible. Holmdel residents sympathetic to the cause are especially needed. Face to face contact or phone calls to the Holmdel Town House residents may help swell the Holmdel participation as well. Contacts through friends and co-workers could help. |
| People were encouraged to come before the meeting starts to have an impact on the Board as they arrive, and to get the press to take photos of the group with the signs. |
| A portion of the team (possibly the school) will hire a lawyer, & a professional planner to represent their case, and get a strong case made for the official record. Others (who could still contribute to the fund for the lawyer & planner) would not be directly represented and would be allowed to participate cross-examining Southland's experts, and reading statements into the record. |
| Contributions for the planning and legal support will be collected, especially through appeals to local businesses, various fundraisers and donations made through concerned citizens. Depending on how this is done, it may be possible for this to be a tax deduction for both businesses and citizens. $2000 is needed quickly to get the needed planner to provide a well considered report in ~ 2 weeks time. $750 would be needed to retain Larry Carton. |
HAZDEL Meeting Notes from 7/20 at The New School
7:30 PM : Meeting convened at The New School of Monmouth County to share information about the proposed construction on the SE Corner of Middle Road and Laurel Avenue, and to formulate action plans to prepare for the 7/28 8PM meeting
50 Attendees signed in, and several more joined later.
Dr. Susan Chilvers, Education Director of the New School, kicked the meeting off with a brief history of the Lot 1 Block 52 Holmdel at the SE Corner of Middle Road and Laurel Avenue. The intersection is right on the border between Holmdel and Hazlet, with Keansburg not far away. The property is currently owned by Mrs. Cerlione. Many years ago the School contacted Mrs. Cerlione about her adjacent property, at that point the land was zoned for TH Residential use and not for sale. Within the several years Mrs. Cerlione worked through the Holmdel Zoning board to get it changed to B2 Commercial Use. This is described as limited to a low impact business such as a Beauty Parlor, Professional Office, Small Retail Clothing Store or similar 9-5 business.
At this point Mrs. Cerlione is planning to sell to Southland Corporation contingent on their ability to get the variances needed to put up a 7-Eleven Convenience Store and a Citgo Gas Station with plans that have been under revision for over a year. On 7/19 the school received formal notice about the 7/28 planning meeting where the proposal will be presented and voted on.
Ms. Connie Dobilas, owner of the Sweet Shop on the NW Corner of the intersection, shared some more details quoting from the zoning board meeting where the change was made from RTH to B2 Zone, and the assurances the board gave at that time regarding the constraints on how the land could be used. She also shared excerpts from the 7/17 Asbury Park Press notice of the Southland Corporation proposed variances that would be discussed and voted on at the 7/28 Holmdel zoning board meeting 7/28 8pm on Crawfords Corner Road in Holmdel.
Mr. Danny Maiulo, president of the New School Board, shared the plans that he was able to obtain, and excerpts from the letters and reports regarding the proposal, the many variances required, and Southland's revisions/responses to be discussed on the 28th.
There were many points raised by the concerned neighbors in the "HAZDEL" area. Impact to the environment, traffic, vandalism and health & safety of the school children were all raised. There were different opinions expressed as to the need to hire a lawyer, and get a postponement to allow the citizens more time to organize formal response and locate our own experts to testify. While many participants have valid "emotional" reasons for defeating this proposal, facts will have the greatest impact with the zoning board.
The group agreed the following actions:
| Susan Chilvers 732-787-7900 & Connie Dobilas 732-787-2981 agreed to be contact people for this effort. |
| A follow on meeting was scheduled for 7:30 PM Monday 7/26 to evaluate the support that has been gathered and determine specific plans for the 7/28 zoning board meeting. |
| One parent provided attendees with a list of elected and public officials to contact immediately. This includes County Freeholders, Hazlet and Holmdel Mayors and committee members, EPA, Governor and State & Federal Representatives. |
| Every one concerned is to contact as many of these people as possible. For each person / agency listed one person committed to contacting that person / agency directly, and solicit their support by attending the 7/26 meeting and 7/28 meetings. |
| Contacts were identified for a variety of media, including the Asbury Park Press, the Independent and the Two River Times. |
| Several people volunteered to identify candidates for the lawyer to represent the group. These candidate list will be collated and reviewed by Danny Maiulo. |
| Additional
Fliers were printed up for 7/26 and 7/28 meetings.
Several people volunteered to distribute these door to
door covering the entire neighborhood (Plum Rd, Middle
Rd, Laurel Ave, Fox Chase, & Hidden Woods). These are
available from The New School & |
| Another offered to contact the contractor/owner of the SW corner lot(s), who plans to build 3 residential homes there. |
| Another offered to generate a e-mail list and send out information electronically. |
| William Bevington will make up signs for people attending the 7/28 meeting to carry. |
Fact Sheet On Amended 7-Eleven Proposal
| Location: | SE Corner
Middle Road & Laurel Avenue Holmdel Lot #1 / Block #52 |
| Notice to be Received: | 11/1/99 |
| Zoning Board Meeting: | 11/10/99
8PM 4 Crawfords Corner Road, Holmdel, NJ, 07733 |
| Applicant: | Southland Corporation |
| Property Owner: | Marie
Cerlione (Sale to Southland Corporation contingent on Plan Approval) |
| Site Plan: | 2,940 SF
7-Eleven Convenience Store Parking, Lighting, Landscaping |
| Site Zoned for: | B-2 Neighborhood Business District |
| In 1997 Holmdel Zoning Board re-zoned Lot1 / Block 52 from R-TH to B-2 during summer session vote 3 for/ 2 against. At the previous meeting concerned neighbors were assured the use would be limited to a low-impact 8-5 business such as a beauty salon, professional office, clothing store, etc. | |
| Variances / Waivers needed: | |
 | Depth from Laurel Ave is 181.5 ft |
| Depth from Middle Road is 184 ft |
| Set back is TBD ft from S. Laurel Ave |
| Set back is TBD ft from Middle Road |
| Lot is only 33,338 sq. ft |
| Sign is planned to be TBD sq. ft. |
| Plans place it TBD ft from intersection |
| 4 are planned on store (2 for store & 2 for ATM) |
| Plan calls for only TBD ft from Southern property line |
| Plan calls for only TBD ft from Eastern property line |
| Driveway on Laurel Ave will only be TBD ft from Southern property line |
| Driveway on Middle Road will only be TBD ft from Eastern property line |
| Driveway on Middle Road could still interfere with left turn lane. |
Traffic Counts: New Traffic Study to be done September - October
Recent Accidents: In June this
year there have been 11 accidents in the vicinity of
Laurel Ave - Middle Road intersection.
Recent Developments:
| Laurel Avenue has had several Town Houses erected in the past year or two. |
| The AT&T buildings on Laurel Ave have expanded traffic, requiring police monitoring of traffic during peak hours. |
| Target Store is just opened on Palmer Avenue, not far from Middle Road - Palmer Avenue intersection. |
| Middle Road & Poole Intersection is being expanded. |
| The wooded lot on the SW corner is owned by a developer who plans to build at least 3 homes in near future. |
Contact Numbers Every One Should Call
| County Freeholders Office 431-7387
|
| Hazlet Mayor Frank O'Brian 264-4092 | ||||||||
| Hazlet Committee Members -
township # 264-1700
| ||||||||
| Holmdel Mayor Chin
| ||||||||
| EPA
| ||||||||
| Office of the Governor
609-292-6000, 609-365-3200 | ||||||||
| State Representative Azzolino 671-4906 | ||||||||
| Federal Representative Pallone 264-9104 |
| Children and gasoline don't mix! |
| 200% use planned |
| 0% "low impact" use planned |
| Over rule the over use plans |
| Gas station requires 9,662 SF more space. |
| Even school kids know: 16' is less than 300' (30-92B). |
| Over rule the over crowded lot lines. |
| Over rule the over crowded buffer zones. |
| No free standing signs on < 1 Acre (30-96.2b). |
| No signs > 40 SF (30-96.2b). |
| Limit 2 signs per business, not 4 or 8 (30-96.2b). |
| Over rule the over blown signs (30-96.2b). |
| How many gas stations next to other Holmdel Schools? |
| How many convenience stores next to other Holmdel Schools? |
| Traffic Study from July '98 already out of date. |
| Traffic Study should be done during School Year. |
| Copyright � 2002 The New School of Monmouth County All rights reserved Last Update: 01/17/02 08:20 PM TEL: 732-787-7900 |
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