Route 70 Wawa Application In Brick Continued Yet Again

BRICK, NJ — At about 10: 45 p.m., Patricia Young finally got to ask the question she's been waiting to ask for more than a month: What can be done to maintain her privacy if the Brick Township Board of Adjustment approves the application to put a Wawa near her home?

Young, like many of the more than 40 people still in the municipal courtroom as the public comment on the project finally began, had been waiting since early February for her opportunity to speak, and for a while Wednesay night it appeared no one would get that chance.

But after allowing four residents to get up and ask their questions and comment on the application and the clock nearing midnight, zoning board Chairman Harvey Langer took a count of how many people were still waiting for their turn. After seeing nearly 20 hands raised, Langer decided to continue the hearing on the application once more

"We'll be here til 2 a.m.," Langer said. Public comment on the project will resume March 22, with the meeting scheduled to begin at 7 p.m.

The application by Brick 70 Developers, which is part of Paramount Realty Group, proposes a Wawa and a "quick-service" restaurant on property at the corner of Route 70 east and Duquesne Boulevard and North Lake Shore Drive and requires more than 10 variances. The property, which would combine five lots, has multiple zoning areas, including business, office-professional, and residential. Convenience stores are not a permitted use in the office professional or residential zones.

The bulk of Wednesday's meeting, however, was consumed by Vincent Sanzone, the tax attorney whose family owns the home immediately adjacent to the property. Sanzone repeatedly argued with board attorney John Miller, with Langer, and with John Jackson, the attorney for the developer, over various points. On at least two occasions the arguing became so heated with multiple people talking that the court reporter responsible for taking down all of what was said had to interrupt and ask them to stop.

The meeting started with an update from Jackson, who said a witness who had spoken early on about Wawa's operations was unable to be at the hearing due to a medical issue.

That angered Sanzone immediately, because he had questions he wanted to ask about Wawa's operations. He was left only with the option of questioning engineer Jeremy Lang of Maser Consulting about those issues, and proceeded to ask Lang for specifics on what time deliveries would be made to the store of fuel, of food, and by vendors. He asked about the size of the trucks used, and for the delivery frequency, expressing skepticism when Lang told him that vendor deliveries only occurred during the day, and that food or dairy deliveries lasted 15 minutes or less.

As had happened previously, Miller interrupted Sanzone, trying to get him to clarify his questions. That only served to irk Sanzone further. But the situation became even more heated when Sanzone tried to present his sister, Diane Sanzone, as an expert witness.

Diane Sanzone, who has a doctorate in ecology and conservation ecology and is a Fulbright Scholar, told the board she has testified across the country in relation to environmental impacts of gasoline and oil for companies including BP and ExxonMobil. But she has never testified in any court on land use matters, she said.

After lengthy arguments over whether she would be allowed to testify that included Vincent Sanzone yelling at Miller for not addressing his sister as Dr. Sanzone as a reflection of her doctorate, Miller allowed her to testify with a very limited focus.

After listening to several minutes of Diane Sanzone speaking on environmental impact studies in general terms, Langer interrupted again.

"We're not putting tankers on Lake Shore Drive. What are you testifying to?" he asked Diane Sanzone, who responded that she believed the applicant had not done the necessary environmental impact studies. That prompted an angry response from Jackson, who said the developer had filed every single report, and Langer said "any land use applicant has to comply with every fedeal state and local law" pertaining to the environment.

"While she might be very educated, she cannot testify as to whether variance relief is appropriate," Miller said.

After listening to several minutes of Diane Sanzone speaking on environmental impact studies in general terms, Langer interrupted, telling Vincent Sanzone that her testimony wasn't adhering to the limited scope Miller had spelled out.

"Her testimony isn't directly focused on the application," Langer said, saying facts and testimony are supposed to be presented to assist the board in making its decision on the application.

"I'm going to put my cards on the table here," Langer said. "I know what you're trying to do here. You're trying to drag this out. Your questions need to be relevant. There are people in the audience who have good questions to ask and they deserve that opportunity."

Vincent Sanzone erupted in response, insisting he wasn't trying to drag the proceedings out and blaming the interruptions of Langer and Miller for adding to the length of the hearing. Diane Sanzone then began to testify on what she believed should have been submitted, and Langer interrupted her, asking if she had read the environmental impact statement filed by Brick 70 Developers for the Wawa application.

Diane Sanzone said she had not, then accused the board secretary, Christine Papa, of refusing her Open Public Records Act request for the paperwork. As Papa became angry, Langer interrupted, which prompted yelling by Vincent Sanzone as well. Diane Sanzone, who lives in Massachusetts, then said she had mailed her OPRA request on March 2, and Papa said she had not received it yet.

In New Jersey, government entities have seven business days to fulfill an OPRA request once it is received, Langer said, noting that the seven-day window begins the day after the request has arrived.

With Jackson objecting — as he had several times — Miller then declared Diane Sanzone ineligible to testify as an expert witness because she could not speak to the facts of the application, which enraged her and Vincent Sanzone, who called Jackson "despicable.

At that point, about 9:45 p.m., Vincent Sanzone asked to make his closing argument, but first, demanded the board adjourn the application.

"It's not your application," Miller said, explaining that Sanzone did not have the legal right to make the request. With that, Sanzone began what turned into an hourlong closing argument that included him slamming his hand on the wall that separates the audience from the front of the room and prompted objections from Jackson, who said the closing argument crossed from summation to testimony as Sanzone read from Brick's land use ordinances as well as citing case law.

It also led to further confrontations, as Sanzone accused Langer and other board members of not taking the matter seriously, of making fun of him, and of not paying attention. At one point, about 35 minutes into Sanzone's closing argument, Langer was looking at his phone, and Sanzone ripped into him for laughing.

"I received a text from my daughter who is pregnant and due any day now. That's why I am laughing," Langer said angrily. Sanzone said, "Oh, your first grandchild?" "No, my seventh," Langer said. Sanzone tussled with Langer repeatedly, insulting Langer early in the meeting with a comment saying the board chairman must dye his hair since he isn't gray. Langer retorted that he does not dye his hair.

The loudest confrontation, however, occurred when Sanzone tried to cite a case where Christine Cofone, the planner for Brick 70 Developers, had testified in another town. Jackson objected, and Miller told Sanzone he could not cite the case because "none of us knows what she testified to because none of us heard it," Miller said. "The case is irrelevant."

As Sanzone tried to argue his point, Jackson interrupted again, accusing Sanzone of trying to sneak the case into the record despite being told no. The two attorneys yelled at each other, with Langer trying to interrupt and Miller trying to restore order before the court reporter, exasperated by the continual cross-talking that had occurred throughout the night, particularly from Sanzone, erupted and yelled at everyone to stop.

"I cannot make a record of what any of you are saying," she said. "Stop talking over each other."

That did not stop Sanzone, who again interrupted Miller when the board attorney again told him he could not present a case where Cofone had testified.

Finally, Sanzone finished his statement, arguing that the board cannot approve the Wawa project because the developer's requests, from his view, violate Brick's master plan and zoning ordinances.

The March 22 hearing will feature public comment and a probable vote by the board.

Vincent Sanzone argues with Board Attorney John Miller as Board Chairman Harvey Langer listens. Photo by Karen Wall