Plans for a super Wawa on northbound Route 73 straddling the Voorhees and Berlin Township border are alive again after they were killed by the Voorhees Planning Board last September.
A state Superior Court judge last week ordered the board to reconsider the controversial plan, which was rejected over Cooper Road traffic concerns.
Developer NIKI-J&J Voorhees Cooper Partners LLC sued the Township in January and the parties have since reached a tentative settlement that calls for the developer to make traffic improvements on Cooper Road, according to the August 10 order signed by Camden County Superior Court Judge Steven J. Polansky.
Meanwhile, the Berlin Township Planning and Zoning Board on Tuesday will consider the developer's application for preliminary and final major site plan approval for the part of the Wawa that would be in Berlin. The meeting begins at 5:30 p.m. at the Berlin Municipal Building, 135 Route 73 South.
Under the plan, a 5,915-square-foot Wawa store with 12 gasoline-fueling stations would be built on 4.95 acres. Driveways would be on Route 73 and Cooper Road. The property is about a quarter mile south of the intersection of Cooper Road and Route 73, where a 7-11 convenience store is located.
The Super Wawa would have entrance and exit on Route 73 (bottom) and a long driveway would have an entrance and exit on Cooper Road (top).
Most of the Wawa store and the gasoline pumps would be located on the Berlin side of the property, according to court documents.
NIKI-J&J within 30 days of the order must submit revisions that include the traffic improvement plan to the Voorhees Planning Board, Judge Polansky stated. The developer also must include a traffic report analyzing the anticipated impacts of the traffic improvements.
A Planning Board hearing must be held within 30 days of the submission of the revised plans or after an extended time agreed on by both parties, according to the order.
The developer's complaint in the lawsuit alleged "inappropriate board sidebar discussions" that occurred both during the developer's testimony to the Planning Board and the deliberation and the vote.Â
NIKI-J&J's lawsuit took particular aim at board member and Deputy Mayor Jason Ravitz and his role in the denial.
"The most egregious example occurred while the roll-call vote was being taken, during which time Vice Chair Maureen Augustine and board member Ravitz...were engaged in a discussion at the conclusion of which the board member Ravitz advised the Vice Chair to 'just abstain,'" the lawsuit states.
After the sidebar discussion, Ravitz voted "no" on the application, which resulted in a 3-3 tie. Augustine, the last vote, abstained and the application was denied because it did not receive a majority of votes.
When asked by the developer's lawyer why she abstained, Augustine "indicated she did not want anyone to be harmed or injured as a result of a favorable vote so she could not, in good conscience, vote in favor of the application," the developer's complaint states.
The Township, responding to the complaint, stated it was "without sufficient information to admit or deny the allegations" about the allegedly inappropriate sidebar discussions.
A board resolution memorialized the denial in December, but the developer maintained the document was flawed.
"The resolution, however, includes several misstatements of testimony provided by the applicant's witnesses, and misstatements of facts about the application, thereby failing to accurately represent the record," according to the lawsuit complaint.
In its response, the Township denied the developer's allegation about misstatements in the resolution.
Previous coverage:
Developer asks court to overrule Voorhees Planning Board and approve a new Route 73 Super Wawa.
