Wetlands problem too expensive to overcome
By Andrew Corselli, Staff Writer
Residents in the Oxford Place neighborhood are both exultant and relieved after Thomas Mascia withdrew his controversial application for a Sonic restaurant following the discovery of wetlands on the property.
”Who knows what would have happened had he not withdrawn that application, but I would say that the majority of the residents on Oxford Place are pleased,” said David Cole, whose residence lies next to where the Sonic would have been on the corner of Route 206.
A letter from Donald Whitelaw, Mr. Mascia’s attorney, to the Planning Board dated March 10 said that “perhaps another applicant willing to invest several million dollars to develop and improve the site” could be found “but it will not be Mr. Mascia.” The letter said it is not anticipated that Mr. Mascia will proceed with a new application.
Mr. Mascia hired wetlands specialist Edward A. Kuc to survey the land and filed a report of finding no wetlands with the Department of Environmental Protection in September. A DEP inspector went to the site and found wetlands on Dec. 8, and a letter notifying Mr. Mascia of the findings was sent to him on Jan. 25, Mr. Whitelaw wrote.
Following the discrepancies, another DEP visit was scheduled just prior to the Planning Board’s Feb. 10 meeting. It was then that the wetlands were finally identified and disclosed, he wrote.
At the Feb. 10 Planning Board meeting, Mr. Mascia’s engineer, Brett Skapinetz, said the new wetlands map would require significant drainage work, perhaps needing an underground basin.
”I would say it is a victory for the neighborhood,” said Mr. Cole. “I completely understand the system that the Planning Board must listen to applications as they are submitted, but it is my opinion that the business plan from day one was much more aggressive than what should have even ever been considered.”
The withdrawal brought an end to months of heated debates between township residents and Mr. Mascia, whose proposal was first heard last September. Mr. Mascia’s site plan called for 22 waivers and five variances, like setbacks and impervious surface, and requested permission for a 17-foot-high and 80-square-foot wide neon sign.
The restaurant held the possibility of bright lights, people eating in their cars, being open 24 hours a day all on an undersized corner lot next to residential uses, said Ronald Gasiorowski, an attorney hired by 13-14 households in the Oxford Place neighborhood.
Many believed the fast food joint was too much for the 1.5-acre lot, which is located where Briken’s Dairy Farm store once sat, to handle.
”Personally I thought it was ill-suited for there,” said Mr. Gasiorowski, an attorney hired by over a dozen households in the neighborhood. “The whole application came down to fitting 10 pounds of salt into a five-pound bag.”
”We felt that it would hurt our neighborhood, having a Sonic there,” said Denise Acocella of Oxford Place. “It would cause a lot of traffic. It just wasn’t a good fit. Our kids wouldn’t have had the freedom to run around like they do now. There (were) a lot of concerns. That location just wasn’t big enough; there wasn’t adequate space to drive around on that lot.”
Mr. Cole also feared that the Sonic would bring safety issues. In an effort to sway the Planning Board to deny Mr. Mascia, who owns several Sonics, Mr. Cole retrieved police reports from a Sonic in Franklin Township. Throughout 2010, there were 21 incidents at that particular Sonic, including six burglar alarms, an assault, a fight and a noise complaint, the complaints show.
”My plan was that, if the application had not been withdrawn, I would have forwarded that information on to (Mr. Gasiorowski),” Mr. Cole said, “and I would have expected that information would have been presented.”
A lot of the residents are content that their appearances at Planning Board meetings over the past six months weren’t all for naught. They even wish Mr. Mascia well in future business endeavors, so long as they are not in the immediate area.
”We’re just glad it’s not there,” Ms. Acocella said. “If he wants to open up someplace else, that’s fine. No ill will. I’m just happy it’s not in that spot.”

