Zoning board gives OK for BJ's Wholesale Club
BY TOYNETT HALL Staff Writer

HOWELL — The Zoning Board of Adjustment has granted Tropicana Commercial Center a use variance that will permit the construction of BJ's Wholesale Club and other stores at Route 9 north and Lanes Mill Road.

The board approved the variance on July 21. In order to receive a use variance, an applicant must prove to the zoning board that the project would be more of a benefit to the municipality than a detriment.

The board voted 5-2 to grant the variance.

Board Chairman John Van Noy said, "The whole purpose of the [board] is to not play academic and legalistic games, but to look at the equity of the situation and does it make sense in a particular application being suggested. The residents are far better off with this application rather than forcing an academic nonmeaningful distinction on the use of ARE-3 (agricultural/ rural estate zoning) in this particular case. This particular application makes sense in so many ways."

Board member Michael Sirna commented on the traffic improvements the applicant plans to make at Route 9 and Lanes Mill Road and noted that if the community was against the proposal, there would have been fervent opposition.

"The amount of traffic improvements [the applicant plans to make] are not only benefiting this project, but the entire area. This is not just site specific. The applicant went above and beyond in making sure these improvements were going to be feasible and actual improvements. For a project this large, to not see one person come out and object is a little puzzling."

Traffic engineer John Rea, who testified on behalf of the applicant, said the road improvements will decrease delays for motorists at the intersection.

The applicant will provide significant buffers to separate its property from surrounding homes.

Paul Philips, the applicant's planner, said, "This proposal seeks to achieve a balance; to accommodate additional development and provide a significant buffer to the houses on Castle Court."

Board member Richard Ryan opposed granting the variance and said the project would "create global changes in terms of traffic to the area."

"I have no sympathy for property owners that are going to assemble properties zoned for one type of use and disallow for other types of use," he said. "They want to come in and put 10 pounds in a 5-pound lot. This is going to bring a lot of negative changes to the area."

Attorney Gerald Sonnenblick, representing the applicant, summed up his presentation by assuring the board that his client would "make sure this is an appropriately developed site."

Board members Wendell Nanson, Michael Sirna, Charles Chirico, Steven Meier and John Van Noy voted to grant the applicant the use variance. Board members John Armata and Ryan voted no.