Size matters

Proposals for bigger-than-average convenience stores are encountering public opposition in New Jersey and Iowa.

In New Jersey, Wawa wanted to build a new 6,000-square-foot c-store with a 12-bay garage in the township of Montgomery, but has run into stiff opposition; and in Des Moines, Iowa, an influential residents’ association has formed a “Convenience Store Committee” with the aim of revising approval procedures for bigger c-stores.

The Township Committee of Montgomery, N.J., on Nov. 9 adopted amendments to the service station ordinance — representing a roadblock to a controversial application by Wawa to build a c-store and gasoline station on Route 518. The vote was 4-1, with Committeeman John Warms dissenting.

The action set up a potential confrontation with Wawa. Representatives of the company said they are considering legal action against the township because of the amendments, The Princeton Packet, a local newspaper, reported.

On Nov. 2, Tim Prime, an attorney representing Wawa, sent a letter to the township challenging Montgomery's wellhead protection and service station ordinances, claiming the former is illegal and the latter arbitrary.

Amendments to the service station ordinance include a size restriction on new service stations, limiting them to 3,500 square feet if accessories such as refrigeration and trash facilities are outside the store, and to 4,000 square feet if they are inside. In addition, the ordinance specifies that no new service station can be within a wellhead protection area.

Wawa is proposing to move its c-store 550 feet east toward the border of Rocky Hill, N.J., increase the size to 6,000 square feet and add a 12-bay gasoline station to its facility. The site, once occupied by Princeton GammaTech, is near Rocky Hill's municipal well.

The committee adopted the ordinance with one further amendment that made it clear that if the state Department of Environmental Protection does not approve the township's wellhead protection draft ordinance, which is part of the recently approved amendments, then that section of the service station ordinance would not apply.

"We were looking at the service station ordinance and how it applies throughout the township," said Mayor Louise Wilson. "It needed updating in a lot of areas and when it came to clarification of important issues that Wawa's application brought to the fore, we felt as a committee that it was prudent to put restrictions on service stations in close proximity to public drinking water sources — and, when possible, try to prevent supersize convenience stores that might be attached to a service station."

The amendments will be imposed townshipwide, though they were precipitated by the Wawa application.

"It's not about whether or not we want Wawa in town," Mayor Wilson said. "I would hope they can find a different location or they would have to go to the zoning board for a set of zoning variances."

Mr. Warms said he voted against the ordinance because it was "short-sighted."

He said limiting the size does not look forward to any future development.

"Seriously limiting the size of a combined gas pump and convenience store doesn't make any sense," he said. He added that having a site in the township that has a service station, gas facility and c-store would be an asset and, if placed appropriately, could reduce traffic in town.

Ken Muller, a Wawa store representative, said, "We are going to weigh our options and see if we are going to court to sue the town."

He added, "I think what (the committee) did was really political. Our application originally was variance-free....Basically, what they did was unfair to us and unfair to Montgomery Township. It was just making Rocky Hill comfortable."

The move to amend and update the township's service station ordinance was initiated by the Wawa application, which is still before the Planning Board, said township planner Richard Coppola. The service station ordinance had not been changed since it was drafted in the 1980s, he added.

Mr. Prime, the Wawa attorney, said the added condition that no new service station can be in a wellhead protection area is unnecessary. He also disagreed with a size limit on c-stores.

Mr. Prime said regulation of underground storage tanks is the responsibility of the DEP and its regulations assure that they do not pose a threat to well water.

Township officials replied, however, that the township has the right to make its wellhead protections more stringent as long as the DEP approves the protection plan. Several weeks ago, the township sent a draft of its wellhead protection plan to the DEP for review. If the draft is approved by the state agency, the township will most likely adopt it.

Lawrence Galiano, a hydrogeologist representing Wawa, said monitoring equipment used with underground storage tanks meet DEP regulations and those regulations are sufficient.

Another hydrogeologist, Tom Gillespie, said Wawa would have to lose 1,200 gallons of gasoline before it reached drinking water.

Mr. Prime contended that imposing a size limit on the convenience store is "arbitrary and capricious," adding, "There is no reason to single out retail convenience stores for an absolute size limitation."

Valerie Kimson, an attorney representing Rocky Hill, said gasoline is not the only substance of concern, noting there are other fuels, tires and lubricants that can cause water contamination. In addition, she said, if no size limitation were placed on the Wawa application, there would be issues with traffic.

"Putting a gas station on a well is not a good idea," said Rocky Hill Mayor George Morren. "People should have confidence in the safety of their drinking water."

A residents’ group in Des Moines said that the size and scope of metro area convenience stores appeared to be growing, according to The Des Moines Register.

Residents were concerned some of the businesses were getting too big for the street corners and neighborhoods that house them, the newspaper reported.

The Des Moines Neighbors, an umbrella group for the city's 51 recognized neighborhood associations, became a forum for their concerns.

From those early discussions on the issue last spring, the Convenience Store Committee was born.

About six residents from across Des Moines are working together to draft language they hope will result in a citywide ordinance to update the review process for large-scale c-store operations.

Ed Conlow of the Waveland Park neighborhood is the committee's chairman.

He said the group's purpose is not to discourage economic development, but rather to make sure development complements existing homes and businesses.

"Essentially what we're looking at is keeping (convenience stores) in character with neighborhoods," he said.

Conlow said the group would like to see an ordinance passed that would require review by the Des Moines Plan and Zoning Commission and notification to residents if new c-store projects have enough gas pumps to serve six or more vehicles at one time.

The review process would give residents an opportunity to provide input on some of the bigger c-stores that have cropped up in recent years, he said.

Sherman Hill neighborhood resident Bob Mickle feels action at the city council level is needed to ensure that convenience stores are "in harmony" with residential areas.

"The zoning ordinance needs to be updated, because it was written before these really huge convenience stores were around," he said.

Brian Millard of the Lower Beaver neighborhood said updating the ordinance is an important part of encouraging responsible growth and quality development.

"Convenience stores fit neighborhoods 10 to 20 years ago, but something changed," he said. "Now, they're like gas stations on steroids."

Millard, who is also a member of the Plan and Zoning Commission, said his work with the Convenience Store Committee is done of his own accord and not on behalf of the zoning commission.

Conlow said the resident group hopes to finalize its ordinance proposal soon and present it to the Des Moines City Council for consideration.