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Front PageFebruary 7, 2008 


Court upholds board's denial of Wawa plan

OLD BRIDGE - A state appellate court has agreed with the township's denial of Wawa's plan to build a convenience store and gas station on Route 516.

Wawa applied to the Zoning Board of Adjustment in October 2004 for site plan approval to construct a 5,748-square-foot convenience store and gas station with six multi-product fuel dispensers, a kiosk and a lighted canopy. The proposed location was a 3.4-acre site on Route 516 near Jake Brown Road.

After four public hearings, the board voted to deny the application in February 2006.However,Wawa filed suit in state Superior Court, naming the board and the township as defendants, and won a reversal of the decision. The board announced in December 2006 that it would appeal the ruling, at the urging ofMayor JimPhillips.

The board's primary concern with Wawa's proposal was an increase in traffic generated at and around the proposed site. In particular, traffic heading east on Route 516 would have to enter the property without a designated left-turn lane or traffic light, and because of vehicular stacking, traffic would be forced to travel on the shoulder, according to Phillips.

The board also raised concerns about tanker truck gasoline deliveries, which Wawa proposed to restrict to the Route 516 entrance.

Members also said the zone already had an abundance of convenience stores, gas stations and other retail uses, and said Wawa would not be providing a service that was lacking in the area.

There are two gas stations in close proximity- one across the street on Route 516, and one on the corner of Jake Brown Road. A7-Eleven store and the Double D Deli are both within a half-mile of the site. Phillips has cited these businesses as further reason why he believes theWawa would be an unnecessary addition.

"Wawas are very nice stores," Phillips said in a previous interview. "I just don't approve of one there."

Wawa's representatives have said that the store would only bring a 25 percent addition in traffic to the area. But Phillips said that, based on existingWawa locations in town, the store would bring much more traffic than it suggested. There are three Wawas in Old Bridge, located on Route 34, Route 18 and at the intersection of Texas Road and Route 527.

The Appellate Division court emphasized that a zoning board decision is presumptively valid, and that deference should be given to the local board members, who are familiar with their own community's characteristics, and therefore better able to assess the true merits of an application, according to Phillips. The court reportedly found that Wawa did not meet its burden of proving that the board's decision was a clear abuse of its discretion.

Phillips said the decision "supports the wisdom" of the zoning board, "andmilitates against judges substituting their own opinions for sound decisions of the local planning officials." He said the ruling is a boost for the volunteers who give up their time to serve on the township's land-use boards.