Have you heard about lower speed limits, higher sewer rates, challenges to our zoning, and more News of Interest to #NewtownPA residents?

Read the February 6, 2023, issue of News of Interest to Newtown area residents.

Planning Commission Report, Earned Income Tax Trends, Joint Zoning Council, 2023 Liquid Fuels Program, Sycamore Street Speed limit Reduction, More…

This is my personal summary of the February 8, 2023, meeting of Newtown Township Board of Supervisors (BOS). This is not a complete nor an official summary.

Access the 2023 BOS Chronicle for detailed summaries of all 2023 BOS meetings plus the BOS voting record (UNOFFICIAL) for 2023.

Agenda Items

• Planning Commission Report – see Full Summary
• Earned Income Tax (EIT) Trends
• Joint Zoning Council Report
• Engineer's Report
  • 2023 Liquid Fuels Road Program
• Solicitor's Report
  • Speed Limit Lowered to 25 MPH on Sycamore Street
• Manager's Report
  • Police Report – Traffic Citations (January 2023 and all of 2022)
• Official Video
• Transcript

At a special session of the Newtown Township Zoning Hearing Board (ZHB) on January 30, 2023, Provco/Wawa appealed the ZHB's 2021 denial of all signage and fuel dispenser variances to the JMZO E30 zoning ordinance (read “Wawa's Request for Zoning Variances Denied!”).

Wawa is challenging Section 803.E.30.3, Section 1103.CA, and Section 1101.A of the ordinance, as "arbitrary, unreasonable, and not substantially related to the purposes of the Pennsylvania Municipalities Planning Code (MPC), or the public health, safety, or welfare of Newtown Township that the JMZO purports to serve" (refer to the “Amended ZHB #1104-19 Provco Pinegood Newtown LLC Substantive Challenge”).

Specifically, Wawa wants to have 8 fueling dispensers (16 pumps) whereas the E30 ordinance allows only 6 and it wants signage facing or visible to the Bypass, which is also prohibited by Newtown zoning codes.

John Van Luvanee, attorney for Provco/Wawa presented two expert witnesses to testify at the ZHB hearing. This audio snippet features the testimony and cross-examination by Newtown Township's Solicitor (Dave Sander) of expert witnesses Jason Korczak, P.E., Bohler Engineering and Mike Redel, a Real Estate Project Engineer employed by Wawa.

Peter Nelson, an attorney representing Upper Makefield Township was a party to the case and also cross-examined Provco's witnesses at the hearing

Listen to the testimony and cross-examination...

Plans to build a 24 hour Wawa convenience store and gas station on the Newtown Bypass are headed to court.

The board of supervisors on Wednesday night voted to deny preliminary/final land development plans for the project, which has been the source of discussion and debate in the township for the past four years.

[See the Wawa Versus Newtown Timeline going back to 2017.]

Supervisor Kyle Davis, who has opposed the location of the store from the start, joined John Mack and Elen Snyder in voting to deny the plan while Chairman Dennis Fisher and supervisor Phil Calabro voted against denial.

The developer of the project, Provco Pinegood, will likely be appealing the decision to the Bucks County Court of Common Pleas where a judge will ultimately decide its fate.

At the meeting, Provco’s land use attorney, John VanLuvanee, presented what he called a “clean plan” to the supervisors, meaning that there were no outstanding issues that needed to be addressed under the township’s land development ordinances.

“This is not an application to determine whether or not a Wawa should be sited on the southeast corner of Silver Lake Road and the bypass. That’s already been determined and a special exception has been granted,” said VanLuvanee. “Tonight we’re looking objectively at a series of land development plans to determine whether they meet the ordinance. That’s the only issue before you tonight.”

“There are a lot people in the community who would like a Wawa and there are some who don’t,” said Chairman Fisher. “We worked to create the E30 ordinance and I believe Wawa has submitted a plan that has tried to follow that ordinance.”

Supervisor John Mack disagreed with Fisher that Provco has followed the ordinance, saying he believes that “Provco is not making a good faith effort to follow our ordinances. In fact every step of the way it has challenged the ordinance and even calls things in the ordinance silly. They have no respect for our laws and no respect for our residents.”

Earlier in the meeting, Mack also questioned Provco regarding the hours of operation of the store. He argued that because there’s a residential use well within 750 feet of the property hours of operation should be limited.

Supervisor Elen Snyder expressed disappointment that the proposed project is not more environmentally friendly. “I don’t think you made any effort to do so whatsoever. Yes, you do have native trees. I appreciate that. Other than that there’s not much to address climate change in the future. I’m not down with that. I’m sorry.”

Snyder also raised concerns over the impact the Wawa will have on the local mom and pop gas stations. “We have gas stations that have been here for decades. What I’m worried about is that you will undercut them as far as the price of gas and I don’t want to see our home-grown businesses lose business.”

[Image does not show the actual proposed charging stations, which are yet to be determined.]

On January 18, 2022, the Newtown Planning Commission heard from Variance to permit the installation of three (3) electric vehicle charging stations (G-16 use) which is not a permitted use in the LI District and would require relief from the parking standards.

The applicant is Cameron C. Troilo & Olga Jean Troilo, applicants/owners, Homewood Suites, 110 Pheasant Run, Newtown Business Commons, Newtown Township, Newtown, PA.

These charging stations will be for shared use by hotel guests, the office complex, and any member of the public.

Listen to the discussion...

The Newtown Township Zoning Hearing Board (ZHB) issued its official written decision regarding the Application of Provco Pineville Acquisitions, LLC to build a Wawa super store at the intersection of the Newtown Bypass and Lower Silver Lake Road in Newtown.

The decision grants the applicant’s request for a special exception to operate a Motor Vehicle Fueling and Convenience Store, but denies the applicant’s requests for all variances (number of fueling stations and sign relief). The ZHB voted 3-2 on September 20, 2021, to deny the variances (read “Breaking News: Wawa's Request for Zoning Variances Denied!”).

All parties have 30 days from November 4, 2021 to file an appeal to the Court of Common Pleas from the Decision. I fully expect Provco to do so.

More details, including "Findings of Fact", witness testimony synopsis, and the decision on each variance request...

After three grueling hearings and one public comment session, the Newtown Zoning Hearing Board (ZHB) denied Wawa's requests for variances to the new E30 Special Exception zoning ordinance.

At its September 20, 2021, meeting, the ZHB voted 4-1 to grant a special exception for the Wawa convenience store/gas station, which the Township did not oppose, but DENIED ALL VARIANCES by a 3-2 vote.

That means that the Wawa can operate at the proposed location on Lower Silver Lake Road and Newtown Bypass, however it will be limited to 6 gas fueling stations (Wawa asked for 8), and there will be no signs other than what is allowed by the E-30 Special Exception ordinance.

[Image: Proposed electronic signage on Newtown Bypass]

Developers of a proposed Wawa gas station and convenience store off the Newtown Bypass appeared before the Newtown Township Planning Commission on Tuesday.

Representatives for Provco Group, which develops Wawa stores across the region, presented the most recent plans for the 5-acre vacant lot at the southwestern corner of the Newtown Bypass and Silver Lake Road.

Provco is seeking several variances from the township related to signage, the size of the canopy, the number of fuel pumps, and whether project met the definition of a "special exception" gas station and convenience store in the township's OR zoning district.

Planning commission member Peggy Driscoll said the township shouldn't have to change its zoning to fit Wawa's business plan.

"The ordinance should be upheld," Driscoll said. "I think you're allowed six pumps and you should be happy with that."

Provco is also seeking approval for electronic signage, which is currently not permitted in the OR zoning district. Commission member Kierstyn Zolfo said granting Wawa a special exception would be unfair to nearby competition.

"If we allow this, then that puts them at a disadvantage," Zolfo said. "Or it forces them to make an investment."

Listen to this 21-minute audio excerpt from the meeting... https://bit.ly/PC-Wawa20Apr21podcast

At its April 21, 2021, Zoom meeting, the Newtown Planning Commission discussed Provco’s Zoning Hearing Board “Special Exception” application that includes variances to allow a proposed Motor Vehicle Fueling & Convenience Store (i.e., Super Wawa) on the southwest corner of Newtown Bypass & Lower Silver Lake Road in the Newtown Office Research district.

Note that this so-called “E-30” use recently was created by the Newtown-Wrightstown-Upper Makefield Joint Zoning Council via a “municipal cure” process.

The requested variances to the E-30 use includes 8 multi-product fueling dispensers where 6 are permitted & associated signage, including an electronic sign visible to the Bypass where electronic signs are prohibited throughout Newtown.

Presenting at the meeting was John VanLuvanee, Esq., agent on behalf of Provco Pineville Acquisitions, and project engineer Jason Korczak of Bohler Engineering. After the presentation and general discussion and questions by Commission members, each member was requested to vote on the special exception application in general and specifically regarding the variances for the fueling dispensers and electronic signage on the Bypass.

Listen to this 21-minute excerpt from the meeting...

On March 17, 2021, attorneys for Provco Pineville Acquisitions, LLC, submitted an application to the Newtown Zoning Hearing Board for a hearing to grant a “special exception” E-30 use to build a Super Wawa combination convenience store and gas station on the SW corner of Newtown Bypass and Lower Silver Lake Road in the Office Research (OR) district. This is the same location as in it’s original application that was presented to the Newtown Board of Supervisors (BOS) back in In May 2018 [Read “Developer and Attorney Present Their Case for a WaWa Superstore on the Newtown Bypass”].

Previously, this use was not permitted in the OR district and many variances would have been necessary to approve the Wawa application back in 2018. Provco filed with the Newtown Zoning Hearing Board (ZHB) a "Challenge to Validity" of the JMZO to sidestep those variances. The BOS voted to send its solicitor to the hearing to oppose the challenge, but it hasn't yet been taken up by ZHB primarily because the Jointure initiated a "curative amendment" to the JMZO.

The amendment was passed by the JMZO to allow the "E-30" use in the OR zone of Newtown as well as other locations in Wrightstown and Upper Makefield. [Read “Discussions of E-30 Zoning Amendment” for more details about the curative amendment.]

Wawa Still Pushing for Variances. Find out what they are here…

[The image above is an idea of what Wawa would likely prefer.]

In a first-ever virtual Zoom meeting of the Newtown Township Planning Commission (PC) on April 21, 2020, the members discussed the latest version of the E-30 Ordinance - Convenience Store/Fueling Station - submitted by the Joint Zoning Council (JZC).

In the 9-minute audio snippet featured in this post, the PC members discuss their consensus as to the maximum number of allowable fueling "pumps" and "stations". The Commission members answered questions sent via email by resident Michael Horbal:

It seems that the term "fuel pumps" is used by the town, but that proposed developments have used multiproduct fuel dispensers (MPD, Definition) with their terminology and there seems to be some confusion as to what is being proposed.

My questions are:

1. Does "fuel pumps" have the same meaning as multiproduct fuel dispenser (MPD)?
2. How many fuel pumps are being proposed by the planning commission?
3. How many vehicles will be able to receive gas at the same time under the planning commission proposal?
4. Does the proposal put our existing local gas stations at a competitive disadvantage if new stations will allow more fuel pumps than what currently exists?

Find out how the PC answered Mr. Horbal’s questions here…