The courts — and a majority of nearby residents — have spoken: there will be no new Wawa coming to 287 Holland Road.
The proposed Wawa would have been situated on 6.481 gross acres with frontage on Rockville Road, Buck Road and Holland Road.
The Court of Common Pleas of Bucks County ruled that the Northampton Zoning Hearing Board acted incorrectly when it upheld the township zoning officer's determination last May that allowing Wawa to install more than a dozen fuel pumps shouldn't change the lot's primary use designation as a retail store.
"Although the zoning hearing board held a further hearing, there was no additional evidence introduced at that hearing on this particular factual issue," read a portion of the decision. "As a result, the record continues to lack the substantial evidence required to support the finding that the proposed accessory use is 'entirely incidental and subordinate to' the proposed principal use.
"Accordingly, the Court finds that the zoning hearing board abused its discretion and the decision to uphold the determination of the Zoning Officer is reversed."
Attorney Christopher Papa who has long represented Northampton residents in their fight against Wawa, heralded the victory as a David versus Goliath matchup.
"This a huge victory, after a nearly three-year legal battle against steep odds, by the local community to preserve the quaint, residential integrity and nature of Holland," Papa said. "One for the little guy."
Related Content:
- “Northampton ZHB OK's Holland Wawa. Matter Goes Back to Bucks County Judge: The case is all about the word entirely.”; https://sco.lt/74PVya
- “Wawa’s Suburban Focus - Including Holland & #NewtownPA - Is Getting Pushback From neighbors”; https://sco.lt/69lUnI
Comments from Brett Duffey, a leader in the fight against Wawa in Holland (and Newtown):
Residents against the Holland Super Wawa disaster have defeated corporate Wawa! Judge Denise Bowman ruled the Northampton Township Zoning Hearing Board (ZHB) abused its power when it upheld the incorrect determination of Zoning Officer Mike Solomon that a Super Wawa is a convenience store with "entirely incidental" gas pumps.
One of the determining factors in her decision (see attached document) was the presence of the words "entirely incidental". In addition, Provco/Wawa changed their line of argument midway through the legal process. At first, they argued that the proposed Wawa contained a primary convenience store use and a secondary gas station use.
Obviously these arguments are ridiculous, especially considering the costs associated with the process. Dozens of neighbors against this project dolled out upwards of $20,000 of their hard earned money just to prove the zoning officer made a mistake. It is appalling that it took over two years of legal arguments to prove gas is not comparable to baked goods.
Furthermore, the court noted that the ZHB abused its power on two separate occasions when it upheld and then reaffirmed Solomon's zoning interpretation. All of this is to say, a super gas station 70 feet from homes in Holland does not belong, never has, and never will. The people fighting this monstrosity will never back down, not when the future of our community is at stake.