7-11 Lawyer Contends Board Is Inconsistent

‘KEEP OFF DUNES’ signs donated by Avalon Civic Club and Home and Land Owners Assn, are displayed by Mrs. Thomas (Alice) Marvel, piesldent of Civic Club: Tom J. McKIttrick, president of home owners, and Mrs. Yvonne Ballinger, chairman of borough Environmental Commission.

Boro Plans Family Day

AVALON - The Recreation Department and the Elementary School will hold ‘‘Family Day" on the school property 10 a.m.-5 p.m. Saturday. Sept. 25. The program includes Booths, displays, and school tours and The Sorcerer's Apprentice and Sleepy Hollow will be presented in a puppet THERE WILL also be games and races involving family members Other special events planned this fall are a dog show Oct. 8, Grease Band Oct. 16, a pre-school-fourth grade Halloween party Oct. 29. and the Harvest Ball, with the Doctors of Rhythm, Nov. 19. , DIRECTOR OF Recreation Dave Haberle has an nounced the weekly Fall,, schedule as follows: Monday !M0 a m . Slimnastics, II a m -3 p.m , Open for adult activi. ty - Walking. Jogging Paddle Tennis - Hilliard* - Shuffle Board etc . M:30p m . Afternoon exercises; 3-6 p m . Weightlifting; 7:30-10 p m . Adult Basketball i men and women I. 6-10 p.m . Adult Pocket Billiards and Darts. TUESDAY: 9 a.m.-noon. Tot Shops (begins Oct. 5); l2:30-« p.m . Senior Citizen Meeting and Game Time meetings 2nd and 4th Tues day each mbnth - Borough Hall; 4-5:30 p. m , Open Acttvity; 7-6 p.m . Dance Workout - Fee Program; #-10 p.m.. Open Activity. 9th - 12th

grades. #10 p.m. Adult Pocket , Billiards and Darts Wednesday 9 10 a m.. Slimnasties; 12;30-3 p.m., Bowling league - Wildwood Lanes • starts Oct. 8; 4-4:30 p.m.. Afternoon exercises; 4-5:30p m . Open Activity; 5-6 pm. Weightlifting. 7-9:30 p.m. Roller Skating - Sept. 15 and Sept 29; 8-10 p m.. Roller Hockey Sept. 22. THURSDAY: 9 a m noon. Tot Shop; 1-3:30 p m . Open adult activity; 1 pm . Table shuffleboard - Borough Hall Meeting Room. 4-5:30 p.m.. Gymnastics. 7-# p m . Dance Workout. 8-IOp m . Coed Volleyball, badminton and table tennis; #-10 p m , Adult Billiards and Darts Friday S-IOa m . Slimnastics. 10 a m . Bridge Borough Hall; ll a m -3:30 p m . Adult open activity; 3« pm, Weightlifting. 7-9 pm, Open Aptivfty - when available Society To Mefet OCEAN CITY - The first meeting of the fall season of the Humane Society of Ocean City will be held at 8 p.m. Tuesday, September 21 in the Youth Recreational Canter, Sixth and Atlantic Ave., Ocean City. The nomination committee for the Society’s 1982-83 Officers will be Announced. All members, as well as animal-loving residents of the area serviced by the Society (Cfcean City, Somers Point, Marmora, Beesleys Point, Palermo. Strathmore and Longport) are invited.

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Th« sola on itams listad in ♦ha clrculor In today s pa par bagon on Tuatdoy. Thus cartoin Hams may ba sold oul. Should this occur, plaas* gch^o our sorvica dash at tho htqnt of tho 1 storo andxroquost a rolnchock. A / Thank'you

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by Bob Shile# SCHELLENGERS LANDING — A decision by. the Lower Township Board of Adjustment to prohibit the operation of a SevenEleven in this section of the township without a use variance, exhibits ‘ inconsistency" on the board’s part in its interpretation of the local zoning ordinance, according to attorney Eric Gaver. Gaver, who reprfesents. Southland Corp., owner of the Seven-Eleven chain, ' charged there's a "lot of internal inconsistency" when the board rules a convenience store must obtain a variance because it's not directly marine-related, after only two months earlier allowing a wholesale meat processing • business in the same area with a variance. “IT'S DISTURBING when the board exhibits inconsistency in decisions," the attorney said. "It’s very difficult advising cjients when the board exhibits a liberal opinion one time and then makes a 90 degree turn and goes in the opposite direction." Seven-Eleven has planned to construct one of its convenience stores at 2nd AVe. and Rt. 109, near the entrances to* Victorian Cape May. Gaver indicated Wednesday that he’s uncertain whether the corporation will seek the variance. Under the township's existing zoning plan a SevenEleven. or any convenience . store, can’t be built in the Landing unless the zoning board^ decides the operation fs permitted in the special Marine Business district. This area is supposed to be specifically for marine business activities, although the zoning ordinance does permit the retail, wholesale, processing and packaging on site of goods considered to be "marine related" or “pertinent to marine use." Specific uses in the zone include marinas, motels and saloons.. Gaver argued strenuously that Seven-Eleven is marine-related because the items it sells — including those planned for the special bait and tackle section — are needed by both commercial and recreational boaters. "It (SevenEleven) is reasonably and logically pertinent to the marine area," he said. Continuing, the attorney stressed that the intent of > the zoning ordinance is not ’ to prohibit the area to only those activities directly related to marine use but to instead provide “flexibility." He pointed out that restauranU and bars — both permitted uses in the zone are not directly marine-related. BUT SEVERAL businessmen in the area objected to the proposal, claiming the non-marine-related business would increase existing traffic congestion, encourage vandalism and juvenile problems, and compete with existing businesses already selling food and other convenience items to boaters. Businessman Frank Speigel noted that the Landing area is "unique" and should remain marine use

only.

"It’s a tourist area ...not an area where people will come for their groceries," he said. Echoing the remarks of

other, Richard Weber, owner of the South Jersey Fishing Center, - also expressed concern that the area should remain solely as a tourist oriented boating and fishing area. * "This is the first time I’ve seen the Landing area on the upbeat,’’ he asserted. "Development here is just starting.” The five zoning board members present at the Sept. 7 hearing unanimously agreed with the businessmen that a SevenEleven — or any convenience store — is not marine related. Board chairman Roberf Smeltzer asserted he felt SevenElevten’s intent to introduce bait and tackle into its Landing store was a "guise" to mask its intent to sell its regular products. He also emphasized that if Seven-Eleven was permitted in the area, any other store selling similar items such as a chain super market or drugstore would also have to be

permitted.

Attorney Gaver charged the chairman’s remark about a "guise" was a "low blow." He asserted that it was clearly stated on the application requesting a zoning interpretation that the company intended to in elude a bait and tackle section, adding that the remark indicated a “misperception and - misrepresentation" of his client's intent. Board member Lionel Eatroff — who also sits on the local planning board. — expressed concern a SevenEleven may draw people from nearby Cape May

rather than from the marinas. This, he said, would increase traffic congestion and not provide the "mutually beneficial rela tionship" the planning

board wanted between the existing business and fishing and boating in dustries when they created the special Marine

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