Planning Board Denies 7-Eleven Application

The Freehold Borough Planning Board may have denied a 7-Eleven application for 63 E. Main St., but the fate of the property remains undetermined.

During its Jan. 25 meeting at Borough Hall, the governing body voted 6-2 to turn down an application by HRS Investments for a proposed 7-Eleven. Planning Board Vice Chairwoman Danielle Sims and member Adam Reich voted against the resolution, while Planning Board President Kevin Mulligan and board members Marjorie Goetz, Gary Jackson, Robert Oakes, George Schnurr and Kevin Asadi supported the negative resolution.

In addition, HRS Investments’ alternate plans for the site—reopening it as a gas station—are on hold and may put the ball back in the Planning Board’s court. In late December, the HRS Investments applied to the Freehold Borough Code Enforcement Office for a permit to reopen a gas station. Code Enforcement Officer Henry “Hank” Stryker approved the application as a pre-existing nonconforming use. However, a Freehold Borough resident appealed Stryker’s decision.

According to Planning Board attorney F. Patrick Accisano, if the resident’s appeal is found valid, the Planning Board may be called on to review whether or not the property had been abandoned and thus the owner would not be allowed to open a gas station as a pre-existing nonconforming use.

“The issue of abandonment is very fact sensitive,” Accisano said. He recommended the board consider hiring a planner to consult on the abandonment issue, should the appeal come before the governing body. The Planning Board voted 6-2 to hire a planner in the event the issue was found to rest in the board’s jurisdiction. Goetz abstained, Asadi voted against, and all other members in favor.

Accisano said the public will be given notice should the appeal be found valid and within the Planning Board’s jurisdiction. Accisano noted that HRS Investments indicated that they would appeal to the Monmouth County Planning Board should the local Planning Board find that the property had been abandoned.

HRS Investments would have to file an application before the Planning Board to open a gas station if the property is found to have been abandoned, Accisano explained.