Judge rejects Wawa lawsuit

A Middlesex County Superior Court judge rejected a lawsuit Friday filed by Wawa convenience store against the township Zoning Board of Adjustment.

By:Al Wicklund
   MONROE — A Middlesex County Su­
perior Court judge rejected a law­
suit Friday filed by Wawa
convenience store against the town­
ship Zoning Board of Adjust­
ment.
   The
lawsuit contends that an application
calling for a combination conven­
ience store/gas station should be
approved since the board did not
consider the application in a timely
fashion.
   Judge
Douglas K. Wolfson denied Wa­
wa’s suit and sent the matter back
to the township’s Zoning Board of
Adjustment for a complete hearing,
said Karl Meyertons, Zoning Board
attor­
ney.
   Judge
Wolfson held an attorneys’ confer­
ence Friday afternoon with Mr.
Meyertons and Thomas Farino, the
Wawa law­
yer.
   Mr. Fari­
no could not be reached for com­
ment.
   Wawa
filed an application with the zoning
board last June for a use variance to
build a convenience store and gas
station with 10 fuel pumps at the
northeast corner of the intersection
of Route 522 and Cranbury-South
River
Road.
   The
board denied the application at its
Feb. 28 mee­
ting.
   Wawa
representatives did not attend the
meeting, but Wawa filed the law­
suit in state Superior Court con­
tending the township zoning board
had not made a decision on the ap­
plication within 120, as required by
law. The application originally was
filed in Ju­
ne.
   Mr.
Meyertons said at the time the suit
was filed, the zoning board had met
with Wawa officials in June for a
technical review of the proj­
ect.
   He said
the board asked Wawa for an envi­
ronmental report and an alternate
plan showing what the site would
look like without the gas sta­
tion.
   Mr.
Meyertons said the application
should have been denied in Decem­
ber because Wawa failed to pro­
duce the report and plan sought by
the board six months earlier.