John Mack - Newtown Supervisor
Provco/Wawa Appeals ZHB’s Decision: 30 Jan 2023

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!”).

NOTE: Provco Pinegood Newtown, LLC (aka Provco) is the owner of the property on the Newtown Bypass where Wawa wants a super store (combination gas station and convenience store). Provco purchased the site in January 2022 from Innovative Hospitality Management (aka, IHM Newtown, LLC, located at 2012 Trowbridge Drive, Newton) and will build the store and rent it to Wawa. This is typically how Wawa does things. Although Provco’s name appears on all the documents, be assured that Wawa is calling all the shots.

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 Substative 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.

See the unofficial transcript of the testimony prepared by Youtube.

Testimony and Cross-Examination of Jason Korczak

Mack's Newtown Voice · Provco's E30 Validity Challenge at ZHB: Part 1

Testimony and Cross-Examination of Mike Redel

Mack's Newtown Voice · Provco's E30 Validity Challenge at ZHB: Part 2

Deja Vu All Over Again

The hearing was very similar - hence, Deja Vu All Over Again - to the first hearing before the ZHB on May 6, 2021 (“Newtown Township Versus Wawa: Round 1, Signage”). 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.

Wawa has been wrangling with Newtown Township to build a superstore (combination gas station and convenience store) on the Newtown Bypass for over 5 years. To keep track of it all, I created the “Wawa Versus Newtown Timeline.” Check it out!

Transcript

An unofficial time-stamped transcript generated by Youtube from the video of the hearing is embedded below. You can also download the PDF version. Use the timestamps to access specific sections of the video pertaining to the transcript.