Date: Fri 14-Mar-1997

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-Church-Hill-gas-station

Full Text:

Zone Change Requested For Church Hill Gas Station

BY ANDREW GOROSKO

Pepper Partners Limited Partnership wants to change the zoning designation on

some property it owns along Church Hill Road in the borough to allow it to

build a new gas station there to replace an outdated station.

Attorney John Fallon, representing the partnership, asked Planning and Zoning

Commission (P&Z) members March 6 to endorse the rezoning proposal.

The P&Z's opinion will be forwarded to the Borough Zoning Commission which

will decide whether the property gets a new zoning designation. If the Borough

Zoning Commission approves rezoning the property, the partnership would then

seek site plan approval for a new gas station at 47 Church Hill Road.

Mr Fallon told P&Z members the site has been in use as a gas station since

1924. The Citgo station now doing business there is a "pre-exisiting,

non-conforming use," he said. The current commercial use of the site doesn't

conform to its current zoning designation. The site was in use as a gas

station before borough zoning regulations were enacted, Mr Fallon said.

The partnership's 7.2-acre site lies on the north side of Church Hill Road,

extending eastward from The Boulevard. The site now has both residential and

professional zoning. The partnership wants to convert 2.8 acres of that land

to business zoning. Converting a portion of the site to business zoning would

be the zoning mechanism which would allow a new gas station to be built there

to replace the existing station.

Mr Fallon told P&Z members the existing gas station lacks sufficient space for

vehicles to wait in line to get gasoline. A new station would be built farther

away from Church Hill Road, he said.

Also, the current positioning of the station in relationship to Church Hill

Road doesn't provide good sight lines for motorists leaving the station, he

said.

The partnership wants to build a safe, modern, practical and convenient gas

station on the property, Mr Fallon said.

"We think it's positive for our customers and the town," he said.

The lawyer said the partnership would like to have the P&Z's endorsement for a

change of zone when it approaches the Borough Zoning Commission.

The P&Z functions as the borough's planning agency. The P&Z makes

recommendations to the Borough Zoning Commission on matters such as zone

change requests.

The partnership initially pursued a change of zone for 47 Church Hill Road

last year.

In a September 5, 1996, letter to the Borough Zoning Commission, Stephen

Adams, the P&Z's former chairman, said the P&Z opposed a zone change because:

such a change wouldn't be consistent with the town's plan of development;

Church Hill Road has a traffic congestion problem and creating a business zone

there would generate more traffic; and a gas station is not the highest and

best use of the property.

In October 1996, the partnership withdrew its request for a zone change which

was pending before the Borough Zoning Commission, but reserved the right to

submit another zone change request for the property.

P&Z members asked that Mr Fallon provide them with plans depicting where on

the 7.2-acre site the existing gas station is located. Such a plan will be

available soon, he said.

P&Z member Heidi Winslow said changing the zoning on the partnership's

property would amount to expanding a currently non-conforming land use to

increase its level of business. There are good reasons for not creating a

business zone in an area which already has professional, residential and

industrial zoning, she said.