It appeared that the Eatontown Planning Board was ready to make a decision on the application on Jan. 12, but one of the project's objectors is appealing that the planning board is not the proper body that should be confirming or denying the construction of the convenience store and gas station.
The local business, which is either the Exxon just north of the proposed site or the owner of the Ashley Furniture store located across the street, feels that Eatontown Zoning Board of Adjustment should have jurisdiction over the application and not the planning board.
The developer needs, among others, an proximity ordinance variance that would allow the gas station to operate within 2,000 feet of another fueling area.
The planning board professionals have said they feel a variance from the proximity ordinance is not considered a bulk variance and therefore falls under the planning board's jurisdiction. The opponent of the plan feels it does require a bulk variance and that the zoning board should have jurisdiction.
The zoning board is expected to discuss the matter at its next meeting in February to determine whether or not it is the proper board to hear the case.
If the zoning board decides it is the proper body to make a determination on the case, the developer would need to start its testimony over again and the opponents to the plan would be able to present testimony once again as well.
So far, Quick Chek's traffic expert, planner and engineer have all testified before the planning board.
We'll keep our readers posted on the status of the application once the zoning board reaches its decision.