Sep 2, 2013 3 min read

The legal battle over Speedway’s plans to build a gas station and convenience store in Carroll Township will continue.

Lawyers representing Speedway LLC of Enon, Ohio, Thursday filed an appeal through Washington County Court challenging the township zoning hearing board’s decision to reject a variance allowing three large underground gasoline storage tanks.

The zoning board denied the variance July 31 because of township ordinances that restrict the installation of the underground storage tanks within 200 feet of occupied homes or other buildings. There are five homes within 200 feet of the 1.5-acre parcel at Routes 88 and 837, including one just 97 feet from the property.

Speedway’s lawyers, however, contend the underground tanks would not pose a serious safety hazard and that township’s regulations regarding the setbacks are “an arbitrary, unnecessary or unreasonable intermeddling with the private ownership of property and an improper exercise of police power.”

Two tanks would hold about 12,000 gallons of fuel, while the third tank would hold 20,000 gallons, according to court documents.

The appeal says the company will take precautions to ensure safety and ensure truck traffic does not cause congestion at the intersection.

“It is well settled law in the Commonwealth of Pennsylvania that the storage of gasoline in properly constructed and equipped tanks is not dangerous to life and property, or a fire or explosion hazard,” the appeal reads. “The storage of gasoline is not a nuisance per se.”

Dennis Paluso, the solicitor representing the zoning hearing board, said the appeal paves the way for the court to have the final say on the issue.

“The zoning board made a decision based on the ordinance in place,” Paluso said. “The zoning hearing board decided the requirements needed for a variance were not met, according to the law. It appears to be that both sides tend to be quite litigious in this matter.”

The proposed Speedway gas station was the target of an appeal by a nearby grocery store that raised concerns about its location. Mon Valley Foods Inc., which operates the nearby Giant Eagle, in June asked for the zoning hearing board to reverse its May 28 ruling that agreed the construction of a gas station is a permitted use in the township.

Mon Valley Foods claimed there were “conspicuous zoning violations” on Speedway’s plan to include the three bulk fuel storage tanks with 200 feet of several homes, a situation that the zoning ordinance prohibits.

Company officials also questioned food sales by Speedway, claiming that where more than 25 percent of the gross business is food, the establishment should be regulated as a drive-in restaurant.

It says that Speedway failed to apply for a drive-in/food service exception, which would require a wall or fence with bumper guards abutting adjoining properties and a plan to control or eliminate litter.