By Marion Filler
New landscaping, softer lighting, and a walkway off Mills Street were not enough to sway the Morristown zoning board to allow a convenience store to replace service bays at the Delta gas station on Washington Street.
After hearing testimony from traffic experts, engineers, planners and architects over four hearings, board members unanimously rejected the application at Wednesday’s virtual session.
A Dunkin Donuts pitched for the same location was shot down in 2015 amidst vigorous local opposition and concerns about pedestrian safety and motorist access.
A straightforward interpretation of the town master plan was cited this time: Although pre-existing businesses are grandfathered, auto repair shops and convenience stores are not allowed in this zone.
Paul Ricci, the applicant’s planner, testified that 80 percent of gas stations now have convenience stores, calling it a “national trend.” He also contended a store would be an improvement to the site and beneficial to the neighborhood.
“So, you want us to harmonize pre-existing non-conformities like service stations to the greatest extent possible and to bring these sites as close to conformance as we can, and it’s your testimony that we’re going to do that by introducing another non-conforming use onto a site with existing non-conformities?” asked town Planner Phil Abramson.
Ricci countered that removal of the repair shop, which is leased to its occupants but not owned by the applicant, would result in less noise and pollution. The combined use of the property for food and gas would be in the public’s interest, he asserted.
So would the addition of trees and bushes, and clearly defined lanes for entrance and egress, he said.
Three residents called to express opposition. Anticipating additional traffic from the convenience store, Cierce Riley worried about making a left turn from the station to either Mills or Washington streets.
“I think it’s going to be a nightmare” Riley said, adding: “Selling goodies to teenagers is a terrible temptation for the High School and Alexander Hamilton students. This is as bad as Dunkin Donuts.”
Gary Thomas wanted to know how many backed-up cars from the corner traffic light would it take to obstruct egress from the station on both Mills and Washington streets. If motorists parked at the convenience store tried to leave at the same time as gas customers and pedestrians, it would be “very tight in there,” said Thomas.
He also strongly objected to the potential sale of vaping products at the proposed store. Resident Roger Mayerson called with many of the same reasons for rejecting the proposal.
At a July meeting, it was proposed that the gas station and convenience store both would be open from 5:30 a.m. to 11 p.m. That’s an hour earlier than the gas station opens now. Also, two employees would be present at all times.
But having a store with late hours of operation was a problem for board Chairman Steve Pylypchuk.
“The repair shop operates in normal business hours from 9 to 6, Monday through Friday. The convenience store is open 18 to 19 hours a day, seven days a week” said Pylypchuck. “I believe a convenience store at late hours attracts a different clientele than simply having a gas station open at 10 o’clock.”
The likelihood that a convenience store would become a hangout for students from nearby Alexander Hamilton Elementary School and Morristown High School was another obstacle to approval.
Board member Anthony Murphy drove by and noticed large groups of grade schoolers gathered across the street after school, and feared they might flock to the convenience store once it opened.
“Normally I would be in favor of this application,” said Murphy. However, he added, “I think a hangout spot so close to the school would not be good for the kids.”
Although the plan included a new walkway on the Mills Street side of the gas station, Board Vice Chairman Scott Wild had an issue with the pedestrian approach from Washington Street, where people would need to pass behind parked cars to reach the store.
“Is it safe to walk to a convenience store where there is no walkway?”
“I think we all agree that removing car repair is certainly a benefit, but some of the detriments far outweigh that one benefit, said board member Barbara McNally.
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October 22, 2021 at 12:15PM
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Morristown zoning board nixes gas station convenience store - Morristown Green
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