At last night’s special hearing, our Borough Zoning Board seemed ready to waive more than a dozen laws to allow a very rich applicant to throw a busy convenience store into the mix at the already congested, chaotic, and dangerous intersection of Main Street and Hillside Avenue.
The Board wound up not voting, most likely because the members had yet to see certain important exhibits, submitted by a resident, concerning traffic accidents. The Board decided to recall the applicant’s traffic expert, to testify again at another hearing.
Will our Zoning Board ultimately approve that reckless proposal?
We’ll probably find out at the next special hearing on the matter, date and time to be revealed at the next regular monthly meeting of the Zoning Board, which is set for 3/27, 7:30 pm at Borough Hall, 54 Fairmount Avenue. (Use the side entrance. Take the elevator to the upper level, Council Chambers.)
*The author has chosen to abstain from participating in or voting on this issue in her capacity as an alternate member of the Historic Preservation Commission.
The new owner of the Exxon lot was, and still is, an arm of a big business that operates some 70 gas stations and convenience stores across New Jersey and beyond. https://www.zoominfo.com/c/waseem-petroleum/348833162
For whatever reason, the founder and owner of that big enterprise wanted that particular evergreen tree gone.
On or about 5/8/23, the founder filed an application (linked above) for a permit to chop down that tree, which he described as “8” DBH”.
That 5/8/23 tree removal application was not decided because the trees were not marked, according to the DPW.
However, the new Exxon owner also designated that evergreen for removal in his pending application for variances necessary to replace the Exxon garage with a convenience store. (See p. 193 of the site plan in the 9/27/23 Zoning Board agenda package linked here: https://chathamborough.granicus.com/ViewPublisher.php?view_id=1)
Instead of waiting to resolve that issue at the next HPC meeting (set for 10/17/23) or at the Zoning Board hearing (then set for 10/25/23),** the new Exxon owner simply authorized next door neighbor Liberty Drug (195 Main Street, block 122/lot 1) to chop down the evergreen, according to DPW and the man behind the counter at Liberty.
On or about October 10, that evergreen tree vanished, stump and all, leaving no way to determine if the diameter of the trunk did in fact exceed 6” as the new Exxon owner had claimed on 5/8/23 and, as such, required a permit.
An official claimed the diameter of the trunk was less than 6” but so far has not provided any evidence.
Whether or not the new owner technically enjoyed the right to fell that healthy tree without a permit, by authorizing an intermediary (Liberty) to do the job before the Zoning Board could even hear his case, in effect the new Exxon owner sidestepped meaningful review of a critical aspect of his variance application.
At the October 17 meeting of the Historic Preservation Commission, and without mentioning the disappearance of the evergreen tree, a lawyer for the new Exxon owner presented a new store design intended to address many of the other concerns raised at the previous HPC meeting, but he was unable to answer several important questions, including some about that missing tree.
The lawyer agreed to return to the Historic Preservation Commission on November 21, along with an expert who can answer the outstanding questions. ***
More important than the loss of one tree is the principle at stake.
Will the Historic Preservation Commission and Zoning Board properly address the new owner’s flagrant flouting of the normal procedures for reviewing variance applications, or will they let it pass, in effect condoning similar behavior in the future?
*The author has elected to abstain from participating in or voting on this matter in her capacity as an alternate member of the Commission.
** The new Exxon owner postponed the Zoning Board hearing on his variance application to the November 15 meeting of the Zoning Board, but as of October 25, it appears the application won’t be heard until the December 20 Zoning Board meeting because the next HPC meeting isn’t until November 21. https://chathamborough.org/resident/calendar/zoning-board-2-1698276600
*** See meeting video, starting approx. minute 58:50. https://vimeo.com/875962789
Would you like to see a convenience store/gas station in Chatham’s Main Street Historic District?
Should our Zoning Board waive the normal rules to allow that?* **
Come to the public Zoning Board hearing.
NEW NEW Date!
December 20, 7:30 pm, at Chatham Borough Hall, 54 Fairmount Avenue, upper level.
What’s this all about?
The new owner of the Exxon station on Main Street hopes to add a convenience store that’s inconsistent with our Borough Zoning laws.. To go ahead, he must convince the Zoning Board that adding that store would be good for Chatham.***
The applicant operates a similar gas/convenience store that’s open 24/7 just over the border in Summit. 18 County Rd 649 – Google Maps
The main difference is that the Shell/7-Eleven on River Road has a brick facade, instead of the vinyl siding the applicant plans for the TigerMart on Chatham’s Main Street.
By keeping long hours – often all night – convenience stores average 1,400 transactions per day, and most patrons (65%) consume their purchases on the spot. “Litter can be a significant challenge,” notes the trade association that advocates for the industry. @
Come to the public hearing, postponed yet again to November 15, 7:30 pm, at Chatham Borough Hall, 54 Fairmount Avenue, upper level.
That is your chance to get the facts, ask questions, make comments, and show you care about your town.
If you cannot be there in person, you can Zoom or call in. You’ll find the directions by clicking on the Zoning Board Meeting to be posted on the Borough calendar:
** Exactly what is the applicant proposing to build? To see the complete application, visit the Clerk’s office at Borough Hall, 54 Main Street or click on “Agenda Packet” for the Zoning Board at this link: https://chathamborough.granicus.com/ViewPublisher.php?view_id=1
Or download the basic application (no exhibits or supporting documents):
