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...
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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.
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