Plans to Complete Newtown Rail Trail Bike/Run Path Depend on Impact Study Results

The township is in discussions with Provco on a potential settlement of litigation regarding its proposal to build a Wawa convenience store and gas station in the township.

The supervisors have been meeting in executive session to draft a settlement agreement, according to township sources. No additional details were forthcoming.

It was also not known if the settlement is for all the litigation regarding the Wawa project or just one aspect.

Provco has been fighting the township on a number of legal fronts, including the validity challenge before the zoning hearing board and an appeal in Bucks County Court of the township’s vote denying approval of its land development last fall.

Provco is seeking to build a Wawa convenience store and gas station on Lower Silver Lake Road and the Newtown Bypass in the township’s office-research zone.

During a recent Meet Mack Monday Zoom meeting, a former Newtown Supervisor asked “Should Newtown Township contract with one trash company for savings, efficiency, less noise and pollution?”

The discussion at the Meet Mack Monday meeting quickly moved on to how some homeowners associations have taken matters into their own hands to reduce costs and reduce noise and other pollution by hiring a single source for trash collection.

Mack's Newtown Voice · Talking Trash at 22 May 2023 Meet Mack Monday (audio podcast)

Left unanswered, however, was the question about whether it would be a good idea for the township to sign a contract with a single trash company to collect all the trash.

This survey asks your opinion...

At the 24 May 2023 #NewtownPA Board of Supervisors (BOS) meeting, land development attorney Joe Blackburn, representing Deluca Construction, came before the BOS to try and convince the members to withdraw their opposition to the Deluca proposal to build 2 houses on a 3.08 acre plot in the Conservation Management (CM) District, which only allows 1 house per 3 acres. The site is located at 70 Twining Bridge Rd.

Spoiler Alert! The supervisors had previously voted to send a letter to the Zoning Hearing Board opposing the relief. This time, the Board voted 4 to 1 to also send its solicitor in opposition.

“I’m in favor of maintaining the letter of the law with regard to our ordinances,” said Supervisor John Mack.

More details regarding this application: https://johnmacknewtown.info/26apr2023bos.html#Deluca

[At its May 24, 2023, public meeting #NewtownPA] supervisors voted to send its solicitor to the June 1 Zoning Hearing Board (ZHB) meeting to oppose an appeal by DeLuca Construction to subdivide a three acre lot at 70 Twining Bridge Road into two lots where only one is permitted under the Conservation Management Zone (CMZ).

Land development attorney Joe Blackburn said that it needs two lots to recoup the cost from the anticipated demolition of a "dilapidated" existing farmhouse, which he said will be costly due to the amount of asbestos abatement that will be required.

“We truly can’t put a single house on a lot based on the remediation costs associated with the property. We’re talking about hundreds of thousands of dollars, which are not recoverable with a single family home,” said Blackburn.

The supervisors had previously voted to send a letter to the zoning board opposing the relief. On Wednesday night the board voted 4 to 1 to also send its solicitor in opposition.

“I’m in favor of maintaining the letter of the law with regard to our ordinances,” said Supervisor John Mack.

Chairman Dennis Fisher voted to oppose the motion.

During public comment, Bill Mahler, who chairs the township's Joint Historic Commission, commended the supervisors for voting to send its solicitor to the hearing. "It is important to uphold the ordinances," he said.

"As far as the structures on that property, I am deeply concerned about the three 170 year old structures built by the Twining family who originally bought that land in 1695 and passed it down through at least nine generations.

"I would deeply contest Mr. Blackburn's comment about the advance state of dilapidation. I was in those properties six years ago when this came up. I was in them again recently. And they are actually in a very salvageable condition and in a position to be preserved."

The Number of Newtown Township’s Restaurant Liquor Licenses Is Over the Allowed Quota

According to the Pennsylvania Liquor Control Board (PLCB), Newtown Township has 14 “Active” restaurant liquor licenses plus one held in “Safekeeping” for Blue Point Grill, which is scheduled to open in July 2023. This is more than two times the quota of 7 such licenses (1 license per 3,000 municipal residents) allowed by law (i.e., “Liquor Code”).

However, municipal authorities – e.g., Board of Supervisors – can approve the transfer of licenses into the municipality in excess of the municipal quota. The approval must happen through written resolution passed at a public meeting. If a municipality refuses to allow a license transfer, the PLCB cannot transfer the license into that municipality (read, for example, “Blue Point Grill's Liquor License Transfer Not Approved”; https://www.johnmacknewtown.info/bpgliquorfail.html).

More restaurants, such as Capital Grille, are seeking approval to open in the Brixmor shopping center and will be asking the BOS approve transfer liquor licenses from other townships. This survey asks your opinion regarding such transfers.

What do you think? TAKE THE SURVEY.

Applebee’s is the latest township restaurant to secure permission from the township to create a permanent patio for outdoor dining.

On Wednesday night (May 24, 2023), the board of supervisors voted unanimously to approve plans by the eatery to build an 800 square foot patio extension at the West Road eatery.

“This proposes no increase to the building’s square footage, to its off street parking count nor to the existing seat count,” design engineer Chris Lang told the supervisors.*

Two variances were granted for the project by the zoning hearing board for impervious coverage and for front yard setback.

As part of the approval, Applebee’s agreed to use native plants to landscape the patio area. A number of street trees will also be added to enhance the buffering between the patio and the Newtown Bypass.

Since COVID-19, requests from patrons have spiked for outdoor dining options. And municipalities around the county are considering similar requests for amended development plans.

Nine Newtown Twp residents attended this Zoom meeting, which focused on the following topics (view the presentation below...):

• Video of Opening Presentation
• Deluca Construction Project – Appeal to Board of Supervisors (BOS): The applicants are seeking to subdivide a 3.08 acre parcel at 70 Twining Bridge Road into two lots for single family homes whereas the CM District permits only one home on 3 acres. Will they succeed in getting the BOS to change its mind and NOT oppose the plan? 
• Finally! Work Recommences on Lower Dolington Rd Trail!
• Zoning “Validity Challenges”: Provco/Wawa (Combo Convenience Store/Gas Station in OR District), Kushner RE (245 Unit Apartment Building in OR District)
• Capital Grille Restaurant and Parking in Shopping Center
• Speed Limit Enforcement: Newtown-Yardley Rd
• Single-Hauler Municipal Trash Collection?
• Detailed Meeting Notes

More...

The Capital Grille, an upscale fine dining restaurant and steakhouse, is proposing to open a restaurant at the Village at Newtown shopping center on Eagle Road.

According to a conditional use application submitted to Newtown Township, The Capital Grille is looking to locate a 236-table restaurant inside an 8,000 [actually 8,500] square foot space formerly occupied by Pier One Imports on the east side of Eagle Road..

In addition to seeking conditional use approval, The Capital Grille will be asking the township to approve a liquor license transfer from a business in Warrington to the township.

The liquor license transfer and ongoing parking concerns at the center are expected to be key sticking points during the upcoming conditional use hearing expected to be held in June before the board of supervisors.

Parking in the village has gotten more challenging, especially on Friday evenings at the McCaffrey’s side of the shopping center. Even before that residents have complained about traffic and parking inside the redeveloped center.

Brixmor, the company that owns and manages the shopping center, is allowed to have up to 45 percent of its space devoted to restaurant use, under a redevelopment agreement with the township. The new restaurant would bring the percentage up to 35.7 percent.

The more challenging obstacle for The Capital Grille will be securing approval by the supervisors of a liquor license transfer. In the past the supervisors have been reluctant to approve any additional liquor licenses in the township.

The quota for liquor licenses for Newtown Township is around seven, said supervisor John Mack. The township currently has double that number, he said.

Last year when the Blue Point Grill originally presented plans for a seafood restaurant at the former Corner Bakery Cafe at the Newtown Shopping Center, the supervisors initially denied a request for a liquor license transfer from outside the township.

"The supervisors voted to deny that primarily because, at least I thought, because we have enough liquor licenses in Newtown. We don't want to become the next Pottersville," he said, referring to a fictional town in the movie, "It's A Wonderful Life." [Read 

BPG, however, was able to secure an existing license in the township from the Friends Bar and Grill, which had closed in early 2022. It eventually won conditional use approval from the township and is now preparing for a July opening.

Newtown Borough officials want to learn more to improve the safety, accessibility, and convenience of walking, biking, and other forms of active transportation within the town.

To gain valuable insights into the concerns and preferences of residents and visitors, Newtown Borough, in collaboration with Walk Friendly Newtown, has launched an initiative to gather public feedback. The input received will play a role in prioritizing future enhancements to the town’s infrastructure and fostering a more pedestrian-friendly environment, officials said.

The gatherings will provide a platform for individuals to discuss their concerns and aspirations regarding the borough’s pedestrian and cyclist infrastructure.

To encourage community engagement, Newtown Borough has established multiple avenues for individuals to share their thoughts. One option is to participate in an online survey, accessible at bit.ly/NewtownSurvey.

On May 15, 2023, Wisler Pearlstine, LLP, attorneys representing Kushner Real Estate (aka KRE Upper Macungie Associates, LP), submitted a “Substantive Validity Challenge with Curative Amendment” to #NewtownPA Township.

The developer seeks to amend the Joint Municipal Zoning Ordinance to allow a 245-unit multi-story apartment complex to be built on Lower Silver Lake Road, a few hundred feet south of the proposed Wawa (see image above). This type of development is not currently permitted in the OR (Office/Research) zone, where it is proposed.

More...

On May 18, 2023, workers were seen on Lower Dolington Road installing underground rain water drain pipes and basins as part of the rainwater management system associated with the trail. This work was halted back in March 2022 dues to underground cables that had to be relocated.

This video shows the section of the project beginning at Frost Lane (Roberts Ridge Park) and ending at Everett Drive.

At the May 10, 2023, #NewtownPA Board of Supervisors meeting, Township Engineer Leanna Colubriale tried her best to assure Supervisors Elen Snyder and John Mack that she will pursue the Lower Dolington (LDR) Rd trail contractor to update the timeline for completion of the project, which has been on hold since March 2022; i.e. DELAYED OVER ONE YEAR!

I refer to this as the "Lower Dolington Road Trail Fiasco!"

Ms. Colubriale said that initial discussions with the contractor set mid May 2023 for work to recommence.

As of May 15, 2023 - crickets!

It sounded like Ms. Colubriale's company - Remington-Vernick Engineers - would hold the contractor's feet to the fire, but that was also promised back in July 2022!

This is my personal summary of the May 10, 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
  • Applebee’s, 2 West Road
  • Billboards
• Public Comment Regarding Wawa & Pedestrian Safety
• 4 May 2023 Engineer’s Report
  • Lower Dolington Road Trail Fiasco
  • Business Commons Sidewalk Project
• Fire Services Agreement Amendment
• April 2023 Police Report
• See My Detailed Meeting Notes for more details, including Sterling Act Resolution, Bills List, Meeting Room AV Improvement Proposals, etc.
• Etc

More...

This issue focuses on: Blue Point Grill to Open in July with Bigger Patio, Business Commons "Mixed-Use" Mix-Up, LED Streetlights Study Approved, Recent Meeting Notes, More...

The latest Newtown Township Zoning Hearing Board meeting last Thursday night on a proposed Wawa in the township saw one expert witness testify on behalf of the developer, Provco Pinegood Newtown LLC, board solicitor Michael Clarke wrote in an email to NewtownPANow.com.

The next hearing on the matter will be May 30, he added.

“No decision will be reached at that (May 30) meeting,” Clarke wrote. “While not confirmed, we expect a vote will occur in July.”

Provco is proposing a 5,585 square-foot Wawa with eight fuel dispensers on a 4.95-acre parcel just off the Newtown Bypass near Lower Silver Lake Road. Thursday night’s meeting was the latest in a series of zoning hearings being held on a validity challenge filed by the developer to certain provisions of the joint municipal zoning ordinance that governs zoning for Newtown, Upper Makefield and Wrightstown townships.

The provisions of the JMZO being challenged are those that don’t allow eight fuel pumps on a tract less than five acres, and don’t allow the type of electronic sign being proposed by Provco, considered an “electronic messaging center” under the JMZO.

At the April 26, 2023, #NewtownPA Board of Supervisors (BOS) meeting, Michael Fuller of Keystone Lighting Solutions (KLS) presented a summary Phase 2 of the Delaware Valley Regional Planning Commission (DVRPC) LED Street Light Procurement Program.

After the presentation, the BOS unanimously approved a resolution AUTHORIZING COOPERATIVE PURCHASING AND PARTICIPATION IN THE REGIONAL STREETLIGHT PROCUREMENT PROGRAM ADMINISTERED BY THE DELAWARE VALLEY REGIONAL PLANNING COMMISSION (specifically authorizing the township to enter into Phase 2 of the DVRPC LED Street Light Procurement Program.

To return tax dollars locally and to prevent further property tax increases, the Senate passed Sen. Frank Farry’s (R-6) Commuter Tax Fairness Act today to make Philadelphia’s City Wage Tax more equitable for non-residents.

Currently, the city wage tax of 3.44% is imposed on salaries, wages, commissions and other compensation paid to employees working for a Philadelphia employer. Non-residents – even those who work remotely and never set in the city – are forced to pay the full Philadelphia City Wage Tax if their employer is based in the city.

“Because residents who live in surrounding municipalities but work in Philadelphia pay all of their local income tax to the city rather a portion to their home municipality, the tax burden is greater for non-Philadelphia workers of those municipalities,” Farry said. “My bill would keep a fair share of tax dollars local. Your local tax dollars should be used to help your community.”

A bill to broaden protections for LGBTQ+ people passed the Pennsylvania state House of Representatives on Tuesday - the first to advance this far after yearslong efforts by Democrats - though it faces strong headwinds in the Republican-controlled Senate.

The bill passed 102-98 in the House where Democrats have a razor-thin majority, becoming the first of its kind to see a floor vote. Gov. Josh Shapiro, a Democrat, said he supports it.

Similar legislation - long supported by LGBTQ+ advocates, and even a priority of former Gov. Tom Wolf - has failed to get a floor vote in either chamber, despite clearing committee years ago.

Under the bill, it would be illegal to discriminate against LGBTQ+ people in housing, workplaces and public services.

The legislation would add the categories "sexual orientation, gender identity or expression" to a law that empowers the state Human Relations Commission to investigate complaints of discrimination because of someone's race, sex, religion, age or disability. The commission can impose civil penalties, such as back pay or damages.

UPDATE (May 24, 2023): BOS approved a Resolution supporting repeal of the Sterling Act.

UPDATE (May 5, 2023): “Senate Passes Farry’s Commuter Tax Fairness Act to Keep Tax Dollars Local”; https://sco.lt/7EkhRg

At the April 27, 2023, Bucks County Tax Collection Committee meeting, the discussion focused on the Sterling Act and passing a resolution to formally request the Governor of the Commonwealth of Pennsylvania and the Senators and Representatives of the General Assembly of Pennsylvania to amend the Sterling Act and require that an amount of up to one (1%) percent of the non-resident Philadelphia Wages of non-residents of Philadelphia be remitted to the municipality in which the taxpayer resides.

The Sterling Act does not require Philadelphia to remit any portion of its Earned Income Tax revenue to the municipality in which the non-resident taxpayer resides, even though the non-resident’s home municipality has enacted its own Earned Income Tax.

As of 2021 data, there are 763 Newtown Twp residents who pay in excess of 3.4% Wage Tax to Philadelphia. This represents a loss of over $360,000 per year in EIT that the Township would have collected from these residents.

“We are looking for ways to revitalize the Newtown Business Commons, to both preserve the business office district and address the recent changes in the business environment, where workers are increasingly working from home,” said Peggy Driscoll, Chair of the Newtown Planning Commission NTPC, at the April 26, 2023, Board of Supervisors (BOS) meeting.

The most recent proposal by Bucks County Planning Commission (BCPC) laid out the details for “Mixed Use” newly constructed apartment buildings in the OLI/LI Overlay Zones; e.g., in the Business Commons area, like the ones shown here in this video (source: BCPC).

“We are optimistic that we will be able to add some residential uses to the Commons to help us attract and retain younger residents to the area,” said Ms. Driscoll.

The problem, however, is that the NTPC and BCPC seem to be at odds about how to implement “mixed-use” residential/retail in the business commons.

LED Street Light Program, Deluca Construction Proposal Violate CM District Zoning, Mixed-Use Residential/Retail Mix-Up, more…

This is my personal summary of the April 26, 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

• DVRPC LED Street Light Procurement Program Presentation
• Planning Commission Report [SYNOPSIS]
  • Deluca Construction at 70 Twining Bridge Road
  • OLI/LI Overlay “Mixed-Use” Residential Proposal Mix-Up
• My Detailed Meeting Notes
• Official Video
• Video Transcript

This Zoom meeting focused on the following topics:

• Single-Use Plastics Ban: What McCaffrey’s Market VP of Operations had to say about it at the April 3, 2023 EAC meeting. 
• “Mixed Use” Apartments Suggested for Business Commons: Draft specifications presented to Newtown Planning Commission. 
• New PFAS Limits Proposed for Drinking Water: EPA is proposing drastically lower safe limits. How do these limits compare with measured amounts in our water? 
• Deluca Seeks Variance to Build Homes in CM District: The applicants are seeking to subdivide a 3.08 acre parcel into two lots for single family homes whereas the CM Districts permits only one home on 3 acres.
• Lower Dolington Road Trail Fiasco: Residents are disappointed in the progress or lack thereof.
• LED Streetlights Feasibility Study
• Tractor Trailer Trucks Parked on Lower Dolington Road: An Eyesore & Hazard – What Can Be Down About It? More importantly, what can be done to improve pedestrian safety?
• Blue Point Grill Patio Expansion Request
• Detailed Meeting Notes

The Blue Point Grill (BPG) on Monday, May 1, 2023, asked the Newtown Township Zoning Hearing Board for relief to build an outdoor paver patio to accommodate additional seating at the soon-to-open seafood restaurant at 3 West Road.

UPDATE (May 1, 2023): In a unanimous vote, the Newtown Zoning Hearing Board granted the owners of Blue Point Grill permission to expand its outdoor dining area on the north side of the building by 960 square feet, enough to fit an estimated 12 to 16 additional tables. BPG will now need to amend the conditional use application, which means one more appearance before the board of supervisors. More...

The 976 square foot patio would increase impervious surface at the site by .10 percent, which the planning commission determined to be a de minimis impact and recommended against any opposition.

The supervisors followed the recommendation of its planning commission agreeing not oppose the variance request.

Welcome to the April 24, 2023, Meet Mack Monday Zoom meeting! I am John Mack, your host and a Newtown Supervisor. Each month I host a Meet Mack Monday Zoom meeting to inform residents of items that are of interest to them and to get feedback and comments from them. This helps me keep better informed of residents’ concerns when voting on important issues at supervisor meetings.

This short 14-minute presentation focuses on the following topics:

* Single-Use Plastics Ban – What McCaffery’s Market had to say about it at April 3, 2023 EAC meeting. Some survey results will be presented.
* Business Commons Overlay – Specifications for “Mixed” Residential/Business use presented to Newtown Planning Commission by Bucks County Planning Commission
* PFAS In Our Drinking Water: EPA is proposing drastically lower safe limits. How do these limits compare with measured amounts in our water?
* Lower Dolington Road Trail Fiasco: Residents are disappointed in the progress or lack thereof.
* LED Streetlights Feasibility Study
* New Plan to Fix Villas of Newtown Detention Basin – Another project that has been plagued by delays. Bids accepted for new solution. Will It Work?
* Tractor Trailer Trucks Parked on Lower Dolington Road Are An Eyesore & Hazard – What Can Be Down About It?
* Deluca Construction of 2 single-family houses at 70 Twining Bridge Rd - Seeking relief in connection with a proposed subdivision of a 3.08-acre parcel into 2 lots where the lots will not comply with the dimensional regulations of the CM district. Another potential “historic resource” threatened?
* Wawa Update – Decision by ZHB regarding Amended Challenge to Validity of the JMZO put off to May 4, 2023. Why?
* Blue Point Grill Patio Expansion – The owners are seeking relief to install a 976 sq.ft. patio which will exceed the max. allowable impervious limitation for Newtown Shopping Center. More seating, less accessible parking space?

Plastics Ban Special Meeting Overview, Villas of Newtown Basin Project Awarded, Lower Dolington Road Trail Delay, $75K for Newtown Fire Association, March 2023 Police Report, more…

This is my personal summary of the April 12, 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

• Public Comment – Terry Christensen on LDR Trail Delay
• Proposed Plastics Ban - Overview of April 3, 2023 Meeting
• Engineer’s Report - Review Bids for the Villas of Newtown (VON) Basin Repairs
• Comments By Michele Fountain, Township Planner
• Comments By VON Residents
• Solicitor’s Report: Resolution amending the 2023 Budget to allocate $75,000 of American Rescue Plan funds to the Newtown Fire Association
• Manager’s Report
• Routine Bill Payment Proposal
• March 2023 Police Report
• Official Video
• Video Transcript

Read the summary...