Wawa to build in Plumsted

PLUMSTED - The New Jersey Supreme Court ruled in favor of Plumsted on Oct. 17 by denying a petition for certification that was filed by E-Z Auto Service in an attempt to overturn approvals for a new Wawa convenience store with gas service to be constructed at the intersection of Route 539 and Route 528.

Directly across the street from an existing Wawa, the future site of the new Wawa with gas service will be the closed Marshall's Corner Restaurant that also had gas service years ago, according to information provided by Mayor Ron Dancer.

In a press release, Dancer said that by denying the petition for certification, the Supreme Court chose not to hear the appeal by E-Z Auto Service. Demolition of the closed restaurant and construction of the new Wawa with gas service is expected to begin in the near future.

Dancer said that after more than four years of litigation and court appeals by E-Z Auto Service, Plumsted will now have another million dollar plus business tax ratable constructed.

On June 19, a three-judge panel of the state Superior Court Appellate Division unanimously ruled to uphold the approval to construct the new Wawa with gas service at the intersection of Route 539 and Route 528.

The Planning Board approved Wawa's plan in August 2002. However, a nearby gas service competitor, E-Z Auto Service, Route 539, filed an appeal in state Superior Court. A Superior Court judge upheld the approval and denied the appeal, according to the press release.

E-Z Auto Service then filed another appeal with the Superior Court's Appellate Division that was ultimately and unanimously denied on June 19.

According to Dancer, during the litigation the township's master plan and zoning ordinance came under attack by the plaintiff.

In 2001, the Township Committee adopted an ordinance to rezone by reducing residentially zoned land to commercially zoned land to encourage business ratables in appropriate commercial zone areas of Plumsted.

Increasing the township's commercial zone and decreasing the residential zone was upheld by the Superior Court and the Appellate Division, according to the press release.

Dancer said officials are pleased the courts have upheld Plumsted's master plan and zoning. He said every tax dollar paid by clean commercial and light industrial ratables is a tax dollar saved by homeowners.