Provco's E30 Validity Challenge at ZHB: Part 2

01/31/23 • 61 min

At a special session of the Newtown Township Zoning Hearing Board (ZHB) on January 30, 2023, Provco/Wawa appealed the ZHB's 2021 denial (see sco.lt/6Eh7rM) of all signage and fuel dispenser variances to the JMZO E30 zoning ordinance. Provco 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." 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 witness Mr. 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. The hearing was very similar - hence, Deja Vu All Over Again - to the first hearing before the ZHB on May 6, 2021 (www.johnmacknewtown.info/zhbwawarnd1.html). This time, however, Proco/Wawa is challenging the validity of the E30 ordinance, which it is also pursuing in a court case. If it wins that case, none of the restrictions of the E30 ordinance would apply such as the right of the Supervisors to limit the hours of operation because there is a "residential use" within 750 feet of the property.

Previous Episode

Trucks Parked on Lower Dolington Road

Residents of developments along Lower Dolington Road (LDR), including Woods of Saxony and Hill Haven, have complained about tractor trucks parking on LDR near their developments. As one resident said: “I would like to express my concern regarding tractor trailer trucks parking on dolington road. There are at least 2 that park there all the time and it looks terrible. The trucks also block road signs that alert oncoming cars to a stop sign at frost lane. I believe the trucks belong to residents that live in the area and park their trucks there when they are home. It's unsafe ( blocking the signage), and an eyesore. I mentioned it to the police and they said they would look into it. Nothing has changed. It's Been months.” The trucks usually park south of Yorkshire Dr. This is a recording of the discussion of this issue that took place at the end of the January 23, 2023, Meet Mack Monday Zoom meeting. Considering that the township is spending over $1 million to construct a beautiful trail along LDR, we should not allow parking of any vehicle along the trail, especially not big tractor trucks, IMHO.

Next Episode

Provco's E30 Validity Challenge at ZHB: Part 1

At a special session of the Newtown Township Zoning Hearing Board (ZHB) on January 30, 2023, Provco/Wawa appealed the ZHB's 2021 denial (see https://sco.lt/6Eh7rM) of all signage and fuel dispenser variances to the JMZO E30 zoning ordinance. Provco 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." 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 witness Jason Korczak, P.E., Bohler Engineering. Peter Nelson, an attorney representing Upper Makefield Township was a party to the case and also cross-examined Provco's witnesses at the hearing. The hearing was very similar - hence, Deja Vu All Over Again - to the first hearing before the ZHB on May 6, 2021 (https://www.johnmacknewtown.info/zhbwawarnd1.html). This time, however, Proco/Wawa is challenging the validity of the E30 ordinance, which it is also pursuing in a court case. If it wins that case, none of the restrictions of the E30 ordinance would apply such as the right of the Supervisors to limit the hours of operation because there is a "residential use" within 750 feet of the property.