BOARD OF ZONING AND BUILDING APPEALS
May 25, 1995
Present: Dan Bellman, Ashlin Caravana, Lon Herman, Gilbert
Krone, Eric Stewart
Also Present: Doug Tailford, Village Planner
Visitors: Brian Lindamood (Sentinel),Kim Zeune (Zeune
Construction &Development),Cindy Schumaker (Petroleum Ltd.),
Pat Scarpitti, W. L. Lavender, Mary Kay Roberts, Ed &Kay Vance,
Dave Woerner, Dave &Joanne Woodyard, Eloise DeZwarte, Mary
Fellabaum, Jim Jump, Jim Muir, Kevin Bennett, Dave Tumbas, Jurgen
Pape, Frank Edie, Sam Mackenzie- Crone, Ode Keiderling, Janice
Thornborough, Arnold Eisenberg
Minutes: October 27, 1994. Dan Bellman was absent from the
meeting; otherwise, Mr. Krone moved to approve minutes as
presented. Mr. Stewart seconded, and MINUTES WERE UNANIMOUSLY
Citizen Comments: None
Mr. Zeune and Ms. Schumaker, Marathon, Cherry Valley Road
Mr. Zeune and Ms. Schumaker were present to request a
conditional use permit and variance for their proposed gas
station/ convenience store with drive-in and upscale deli/car wash
next door to Wendy’s. Following Granville Planning Commission
advice, they have redesigned the business so that a setback
variance will not be needed. Ms A Schumaker said that this is a
unique design, for the usual style of Marathon station is not
appropriate for Granville and that they have simplified the
traffic pattern and added green space. GPC also had requested
moving the store to delete the mass of asphalt, but Mr. Zeune
said the traffic flow would not work any other way.
Mr. Zeune explained that the traffic study concluded that
very little traffic would be added because using Galway Drive a well-maintained exit would not add as section. substantially to the inter- In fact, the traffic flow will be improved over what is at Wendy' s now. He explained the difference between primary trips and passerby trips in the Clyde E. Williams traffic study, and much discussion ensued about the amount of traffic generated, especially during the noon hour. Mr. Tailford answered questions about proposed turn lanes and driveways and talked about the extensive Bird and Bull traffic study. Mr. Bellman felt we have
caomprpoobulnedm at the intersection now and that a gas station would the difficulty. The applicants answered questions from the members and the citizens.
The applicants have not yet applied to the state for an
alcohol permit but they may consider it later.
The store would be open 6 a. m. to midnight.
Diesel would be available at the last pump, at the request
of the GPC. The station would not be accessible to large trucks,
although the fuel delivery truck would come every other day.
Dr. Scarpitti, who has a medical practice across Cherry
Valley Road, was concerned about the difficulty of getting to
Westgate Drive and making left turns, which is already a problem
and a dangerous situation. Both sides of the road must be considered.
He wanted to see a traffic pattern explained. His
elderly patients don' t need this extra headache; also, he needs
to be able to get to the hospital quickly for emergencies rather
than extensive waiting for traffic and lights. He was also
concerned about who would pay for improvements in the area. Mr.
Zeune explained that they have planned for stacking up of cars
across the street and this should not be a problem for Westgate
Drive. Local people will not be making left-hand turns out of
Wendy' s and Marathon.
Mr. Vance questioned the traffic study' s accuracy, feeling
the study was too limited. He figured that one car per minute
would be coming to the pumps alone, not to mention other customers.
He cited other pollution sources, overcrowding, and impact
on village facilities and services. It is important for BZBA to
consider all the criteria carefully in making their decision. In
addition to merely not being detrimental, a proposed use must
also be compatible. He did not feel people could be told not to
make a left turn on Cherry Valley Road. Mr. Tailford said that
this study was only on Marathon's possible impact on the area and
what they needed to provide. The earlier study was a long-term plan. A piecemeal study is the only way to do it unless the
village pays for the entire area up front before other businesses
apply and pay for their share.
Mr. Bellman stated that the area is zoned for business and
BZBA can determine what kind of a business would be acceptable.
A professional office would have substantially less traffic.
Mr. Muir, a realtor/ appraiser, feels the site is too small
for a gas station and a gas station should be on a corner lot. He felt the planning lock is too dense and that there would be grid- at the carwash. Ms. Schumaker was willing to make changes banlodckth. at she knew of some other gas stations in the middle of the Ms. Thornborough wondered whether a Marathon station was nineetedresdecwtiitohn.a possible SuperAmerica on the other side of the Mr. Tumbas asked about impact on NewarkG- ranville Road of added traffic at the intersection. Ms. Woodyard stated that it s very difficult to exit Wendy' s now and another high- traffic business would make it chaotic. Ms. Roberts, a longtime resident of the neighborhood, complained of the added traffic now and was apprehensive of additional traffic. Mr. Pape stated that people do not want a gas station there.
Granville and Newark have sufficient gas available as well as car wash places. Ms. Muir stated problems with added trucks, more debris. Mr. Edie from Clouse Lane added that there is no need for a place like this and and cited traffic woes when and if Fackler' s puts in a bar. Mr. Keiderling cited air and water pollution, light pollution, odors, gas and oil recovery, and possible environmental damage. Ms. Schumaker assured the group that she will use the latest modern technology to process waste materials and prevent pollution.
Dr. Woodyard provided some negative historical background
for Marathon' s "sordid" treatment of Don Bennett and lack
of keeping promises. Ms. Schumaker stated that she is a Marathon
jobber and the company does not control her. She can buy gas
from them and use their credit card but she is independent from
Ms. Fellabaum stated that in order to keep downtown Granville
business viable, a convenience store is not desired at the
Ms. Caravana brought the discussion to a conclusion and
requested the applicants to apply the proposal to the criteria
for a conditional use:
1) The proposed use is a conditional use within the zoning
district and the applicable development standards of this Zoning
Ordinance are met. The village attorney has determined that a
gas station or fast food restaurant-traffic-oriented
business is acceptable. The car wash is in use and
acceptable under the ordinance.
2) The proposed use is in accordance with appropriate plans
for the area and is compatible with existing land use. Ms.
Schumaker said that her study indicates a need for such a use. All neighboring uses are commercial.
3) The proposed use will not create an undue burden on public facilities and services, such as streets, utilities, schools, and refuse disposal. Ms. Schumaker feels that it will
not place undue burden on village facilities. The car wash is
relatively quiet, she reported, and they will meet the village lighting guidelines. The dumpster will be well maintained, and
sewer and water facilities are available.
4) The proposed use will not be detrimental or disturbing
to existing neighboring uses and will not entail a use, structure,
or condition of operation that constitutes a nuisance or
hazard to any persons or property. Although Ms. Schumaker felt
her application fulfilled this condition, others disagreed. Mr.
Stewart said that there are enough gas stations in the vicinity
already. Also, nuisance of traffic and noise are a major concern
with rapidly growing adjacent residential areas. Extra traffic
generates safety problems. Mr. Krone felt that all who spoke
here tonight had legitimate concerns but that he would like to
have seen both traffic studies and to have invited the author of
the studies to explain them to this group so that we can better
envision what the impact might be, rather than considering this
application piecemeal. It would seem that Marathon would be
creating a significant traffic burden and adding to the problems
of traffic flow there. Marathon needs to provide more traffic
analysis to justify their traffic plan. He felt that in fairness
to the applicant, more data is necessary, but a majority of BZBA
members chose to vote at this time.
Ms. Caravana thanked the audience for attending and speaking
and encouraged people to appear in the future.
Adjournment: 9: 10 p. m.
Next Meeting: June 22, 1995
MR. BELLMAN MOVED TO APPROVE THE APPLICATION
AND MR. STEWART SECONDED. THE CHAIR INFORMED
THE APPLICANTS THAT THEY MAY WITHDRAW AT THIS
POINT BEFORE A VOTE, WHICH APPEARS NEGATIVE,
OR THEY COULD APPEAL IF THEY WISHED. THEY
CHOSE TO HEAR THE OUTCOME. THE VOTE WAS
UNANIMOUSLY AGAINST THE APPLICATION AS