Wawa must reapply for use variance

Zoning board cannot extend the use variance approval

By:David Koch
   BORDENTOWN TOWNSHIP — Before the Wawa Co. could even begin to show its site plan for a proposed superstore and gas station on Route 130, it needs a use variance from the zoning board — again.
   A year after the zoning board granted a use variance to Wawa Co., the deadline has passed and Wawa may have to reapply.
   The zoning board has determined that it is not within its power to extend the use variance approval.
   "The zoning board does not have the power to extend it (the use variance ordinance) after the deadline," said Bordentown Committeeman George Chidley. "They have to start the process again."
   Currently, lawyers for Wawa are in Burlington County Superior Court trying to extend the use variance past its deadline.
   In April of last year, the Zoning Board of Adjustment had approved a use variance requested by Wawa for its proposed superstore. The use variance was needed because the proposed Wawa would be built on three lots, one zoned for residential.
   There also was nothing in the current zoning ordinance to handle a mixed business of a retail store and a gas station.
   "Basically, they (Wawa Co.) wanted to look at the concept of the convenience store/gas station as one use," said Jim Cann, chairman of the zoning board.
   But hearings before the zoning board stretched on, partially due to opposition from nearby residents and a Mobil station across the street owned by Apco Petroleum Inc. and Tri-State Inc. Lawyers representing the owners of the Mobil station listed 85 reasons why a use variance ordinance should not be granted to Wawa, Mr. Cann said.
   "The especially cited reasons were environmental health and safety concerns," Mr. Cann said.
   Nearby residents on Wilson Avenue also objected to the proposed Wawa because of increased traffic and noise, and that Wawa’s construction would eliminate two paper streets, New Jersey and Harding avenues. Paper streets are planned but have yet to be built.
   But at a special zoning board meeting on March 30 of last year, the zoning board granted Wawa a use variance.
   "It was a very difficult decision and it was something the board gave a lot of thought for," said Mr. Cann. The zoning board held 16 special meetings from June 1999 to March 2000 discussing the Wawa use variance.
   But before the use variance passed, the zoning board added conditions to Wawa’s site plan, which include the reduction of the gas station’s pumps from 16 to eight, and the building of a school bus stop on Groveville Road.
   But because of litigation between Wawa and the owners of the Route 130 Mobil station, a year has passed since the zoning board approved the ordinance.
   "If they want a use variance, they need to reapply," said Mr. Cann.