Developer sues Woodbridge after Dunkin' plan for Route 35 is rejected
WOODBRIDGE – The Planning Board is being sued over its denial of a plan to build a Dunkin' on Route 35 in the Colonia section that would only have two drive-thru windows and no indoor counters or seating.
In November, the Planning Board formalized its rejection of the proposal by St. George Property Management to demolish the 1,680-square-foot vacant bank at 1379 Route 35 and replace it with a 973-square-foot Dunkin'.
St. George Property Management, owner of the property, alleges in the Superior Court lawsuit filed in Middlesex County that the Board’s decision was "arbitrary, capricious, unreasonable and unlawful."
But in the response to the lawsuit, the Board denies the allegation and says that the project's design was "flawed in many respects."
The Board argues that St. George Property Management "failed to provide evidence" that the "design was safe and appropriate for the site and its location fronting on a busy highway and adjacent residential uses."
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The Board also argues that the testimony presented during the public hearing on the plan was "confusing." The Board also says it was free to reject the testimony of the project's expert witnesses.
The half-acre lot with an irregular shape is adjacent to the township's R-6 High-Density Single Family zone.
The original plan called for entrances and exits from both Route 35 and Long Hill Road.
The plan also called for several variances, including minimum gross floor area, front and rear yard setback, landscaping, number of parking spaces, loading zone spaces and sign size.
Kaushik Patel, managing member of St. George Property Management, told the Board that 18-wheel tractor-trailers would be prohibited from making deliveries to the Dunkin’.
The developer also agreed to eliminating a walk-up window from the plan.
In the resolution rejecting the plan, the Board said the proposed number of parking spaces would be a traffic issue, the stacking of vehicles in the two drive-thru lanes would lead to circulation issues and said, despite Patel's testimony, there would be deliveries by 18-wheel tractor-trailers that would be required to cross two lanes of traffic to turn left onto Route 35.
Email: mdeak@mycentraljersey.com
Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account.
This article originally appeared on MyCentralJersey.com: Woodbridge NJ sued after Dunkin' plan for Route 35 rejected
