Chick-fil-A CANCELS presentation before the #NewtownPA Planning Commission Meeting

This is my personal summary of the May 22, 2024, meeting of the #NewtownPA Township Board of Supervisors (BOS). This is not a complete nor an official summary.

• Petition Opposing Chick-fil-A Plan
• Adoption of Updated Comprehensive Plan
• Wildflower Garden Plan

More...

At the May 22, 2024, #NewtownPA Board of Supervisors (BOS) public meeting, DonnaSerdula, a resident from the Wiltshire Walk development delivered a petition to the Supervisors opposing plans for a Chick-Fil-A fast food restaurant at the eastern end of the township.

The online petition was signed by close to 800 of her Newtown neighbors raising “deep concerns”over a zoning application from Newtown Equities LLC seeking variance relief for a new Chick-fil-A fast food restaurant at Upper Silver Lake Road and Newtown-Yardley Road.

A social worker may soon be assisting police officers in Newtown Borough, Newtown Township, and Upper Makefield Township.

Both Newtown Borough and Newtown Township officials have approved a memorandum of understanding with Bucks County Human Services Division to introduce a co-responder to the area.

The co-responder, who will also work out of the Newtown Ambulance Squad, will have their salary covered by the county for the first two years. After that, the municipalities will assume responsibility for the co-responder’s salary, officials said.

Last month, Bucks County Commissioner Diane Ellis-Marseglia and county official Ivone Kovalsky addressed the Newtown Borough Council to garner support for the program.

Launched in 2020 with bipartisan support from Bucks County Commissioners and county law enforcement agencies, the co-responder program pairs county social workers, called co-responders, with police departments. The co-responders assist by joining police on some calls and handling follow-up requests to aid with mental health, substance abuse, domestic violence, and aging issues. Equipped with county cars and protective gear, the social workers connect individuals in crisis with relevant resources, allowing police officers to focus more on law enforcement duties.

The program is funded by the county for the first two years.

On March 19, 2024, Doylestown Township's Board of Supervisors authorized the advertisement of an ordinance to eliminate the use of single-use plastics bags in the Township as a step toward reducing the environmental impact of plastic waste in our community.

Meanwhile, Newtown Township's single-use plastics ban ordinance went into effect on April 9, 2024.

This short Powerpoint presentation presentation compares the major differences between these two single-use plastic ban ordinances.

On March 19, 2024, Doylestown Township's Board of Supervisors authorized the advertisement of an ordinance to eliminate the use of single-use plastics bags in the Township as a step toward reducing the environmental impact of plastic waste in our community.

The public hearing will be held on Tuesday, May 21, 2024.

The ordinance, which would go into effect 180 days after it is enacted, will prohibit the use of single-use plastic bags and non-recycled paper bags at retail stores, including restaurants, food trucks, farmers markets, retail stores, festivals, carnivals & fairs.

The ordinance addresses only single-use plastic bags, and does not address plastic utensils, hard plastic containers

A violation will be subject to a fine of at least $50.

SPOILER ALERT: The developer was granted an “indefinite extension” for its zoning hearing.

It’s been a real roller coaster ride for those of us interested in Chick-fil-A’s plans to open a second drive-thru restaurant in #NewtownPA Township. See the Timeline below for details.

• April 11, 2024: Zoning Hearing Board application Request for Variance issued, detailing the variances requested. This document lists a May 2, 2024, “Appeal Date”.

• April 12, 2024: The April 16, 2024, Planning Commission (PC) agenda sent to Commission members. It includes “Newtown Equities, LLC., 98 Upper Silver Lake Road” under Zoning Hearing Board. The PC also receives April 11, 2024, ZHB application. The PC was originally schedule to hear the Chick-fil-A plan on this date, but that did not happen.

• April 13, 2024: I write a Newtown Patch article informing the public of the Chick-fil-A application and the upcoming April 16, 2024 public Planning Commission meeting. Read “A Chick-fil-A On The Bypass Intersection Across from WAWA?”

• April 16, 2024: Just 3 hours before the April 16, 2024, Planning Commission meeting, lawyers representing Newtown Equities LLC/Chick-fil-A, CANCELED their planned presentation before the Commission. Read “Chick-fil-A CANCELS presentation before the #NewtownPA Planning Commission Meeting”.

• April 15-19, 2024: The CODES DEPARTMENT WEEKLY REPORT includes these dates for the Chick-fil-A ZHB application meetings: 5/21/24 PC – “request from attorney for applicant”, 5/22/24 BOS – “Via memo,” and 6/6/24 ZHB – “Will request timeline waiver”

• April 29, 2024: I host a Meet Mack Monday Zoom meeting where this application is discussed. Attendees voiced opposition to the plan mostly because of the traffic backup it would cause on Newtown-Yardley Road, which already has problems during “rush hour.” When asked what could be done to oppose this plan, it was suggested that a petition opposing this application should be started.

• April 30, 2024: Donna Serdula, a resident of the Wiltshire Walk development, which is located within 500 feet of the site of the proposed restaurant, launched an online petition drive in opposition to the plan. See “STOP Zoning Changes Allowing Chick-fil-A Construction in Newtown”. To date (14 May 2024) the petition has collected over 730 signatures and over 20 comments.

• May 10, 2024: The Township Manager notified supervisors: “The Township has been granted an indefinite extension for the Chick Fil A zoning hearing application. The application will not be scheduled for review unless the applicant notifies the Township of its intent to proceed with the application.”

What’s the Next Move? Read on...

Chick-fil-A developer Newtown Equities LLC has requested an indefinite extension of its zoning hearing application, meaning the controversial application has been withdrawn and will not be scheduled for review unless the developers decide to proceed.

Concerned residents, who blasted the plan to build the fast food eatery at the former TD Bank site on the Newtown Bypass, see it as good news but not a clear win.

“While this is a positive step, it is a conditional and temporary halt, not a definitive victory,” said Donna Serdula, the township resident who has spearheaded opposition to the plan. “The application could be resubmitted in the future, possibly in a different form or location. We must stay vigilant and prepared to mobilize again if necessary.”

The developer’s zoning application shows the restaurant facing Newtown-Yardley Road and Upper Silver Lake Road, with waiver requests submitted that ask the township to allow Chick-fil-A to place signage for its store on the Newtown Bypass.

[Read more about the plan here… “Chick-fil-A Wants to Set Up Shop at Intersection of NT-Yardley Rd and #NewtownPA Bypass”; https://sco.lt/5L9k7U].

Serdula, a Wiltshire Walk resident, said the variances would disrupt the peaceful neighborhood and environment.

“If the supervisors approve the zoning changes and variances, it will be a turning point for Newtown’s future,” she said. “We face a choice: Do we want the Newtown Bypass to remain a bypass, or do we want it to turn into a congested and commercialized business route like Route 1?”

Serdula went on to detail several concerns she and the community have with the proposed development, including increased traffic and safety risks, environmental impacts and emergency access issues.

A petition Serdula started entitled “Stop Zoning Changes Allowing Chick-fil-A Construction in Newtown” garnered more than 700 signatures as of May 12.

“After living in New Jersey for eight years, surrounded by retail stores and fast food restaurants that populate Route 130 in Delran, my family decided to move back to Bucks County. We sought the peace and quiet away from commercial hustle, aiming to return to a quieter area reminiscent of my childhood. I am not against Chick-fil-A as a business.”

“But I firmly believe that a fast food restaurant known for creating insane traffic backups does not belong in our small residential neighborhood, disrupting the tranquil life we chose to return to. The site, previously a quiet TD Bank, is simply unsuitable for such a high-traffic business.

Serdula said the 2025 local elections will be crucial in the fight against overdevelopment.

“The candidates we choose will significantly influence our community’s future,” said Serdula. “Please remain engaged and ready to act. Your continued support is crucial as we strive to preserve the charm and safety of Newtown.”

At the 8 May 2024 Board of Supervisors meeting, Newtown Walk resident Charlie Feuer asked why there is a delay in moving forward on the Newtown-Yardley Rd/Tara Blvd crosswalk improvement plan.

Mr. Feuer noted that improvements were first approved in 2022. The township engineer noted that PennDOT suggested a revised plan that included a "Refuge" island with pedestrian crosswalk buttons rather than an overhead flashing beacon as in the original plan submitted to PennDOT.

Mr. Feuer asked 3 specific questions:

1. When did the township engineer come to the determination that PennDOT is requiring a refuge Island on this mid-block crosswalk?

2. When will the second plan with revisions be submitted to PennDOT for approval? Will it include the refuge Island which has become obviously a requirement?

3. What is the specific timeline of events from today? What is the expected time of approval for that [plan] to get the permit? RVE has already told us that there's 30 days for a development of an estimate or bid process then there's 60 days for the bids to be replied to and then there's another 60-90 days until construction can begin.

This is my personal summary of the May 8, 2024, meeting of the #NewtownPA Township Board of Supervisors (BOS). This is not a complete nor an official summary.

Access the 2024 BOS Chronicle for detailed summaries of all 2024 BOS meetings to date. Also, access the (UNOFFICIAL) 2024 BOS Voting Record.

Agenda Items, Discussions, Decisions, and More

• Reports of Committees, Boards and Commissions
  • Board Members
    • 29 April 2024 Meet Mack Monday Zoom Meeting
• Reports of Officials
  • Engineer’s Report
    • “Dolington Deep Ditch!”
    • Newtown-Yardley Road and Tara Drive Crosswalk Improvements
  • Solicitor’s Report
    • $1 Million General Obligation Note
  • Manager’s Report
    • April 2024 Police Report
    • Co-Responder Memorandum of Agreement
• Public Comments
  • Delancey Court Residents Request BOS Rescind Its Approval of Day Care/Medical Building Conditional Use Application
  • Newtown Walk Resident Wants to Know Why the Delay in Moving Forward on Crosswalk Improvement Plan
• Other Items of Interest
  • My Detailed Notes
  • Official Video
  • Video Transcript

BREAKING NEWS (5/10/2024; 9:04 AM):  The Twp Mgr just notified supervisors: "The Township has been granted an indefinite extension for the Chick Fil A zoning hearing application. The application will not be scheduled for review unless the applicant notifies the Township of its intent to proceed with the application."

Lots of people love Chick-Fil-A, but some aren't loving its proposed location in Newtown Township.

A petition opposing construction of the popular eatery at 98 Upper Silver Lake Road, near Newtown-Yardley Road, was launched on April 30, and has gotten [more than] 600 signatures, most from local residents.

"As residents living within 500 feet of the proposed construction site ... we are deeply concerned about the potential negative impacts on our community," states the petition, started by resident Donna Serdula. 

Serdula, who lives about 1,200 feet from the proposed 6,000-square-foot Chick-Fil-A, said it will be a traffic nightmare for her neighborhood, Wiltshire Walk, and for surrounding residents, too.

"It’s going to be huge. It’s bigger than the Wawa that’s going to be building near it,” she said.

“Why are they building this here? I mean, they already have a Chick-Fil-A that's a seven minute drive away,” she said. “They aren’t building it for the community. They’re building it to draw traffic from (I-295). They’re building it because the Wawa is going to draw traffic for everyone who wants hoagies and gas.

“Essentially, they’re turning Newtown into a truck stop,” she said.

“I opposed the Wawa for several reasons," said township Supervisor John Mack, "but primarily because there’s a lot of issues with the traffic at that intersection. It already backs up from Newtown-Yardley Road,” he said.

Chick-Fil-A has been scheduled to make its first case for variances for setbacks and signage before the township Planning Commission on April 16, but canceled three hours before the meeting, Mack said. [Many] residents had planned to attend. "Chick-Fil-A chickened out," Mack said.

What's Next?

???? The application will not be scheduled for review unless the applicant notifies the Township of its intent to proceed with the application

More...

According to a recent email from the Bucks County Water & Sewer Authority to Newtown Twp: “Based on the provided information, we believe NBCJMA [Newtown Bucks County Joint Municipality Authority]  has presented enough evidence to allow the “AOP” project [Toll Brothers Twining Bridge/Durham Rd Housing Plan] for 45 EDUs to be added to the NICMP [Neshaminy Interceptor Connection Management Plan], and moved immediately to the released column.”

In summary, the Toll project can proceed, other EDU's/connections (e.g., Wawa?) will be processed on a case by case basis.

The Neshaminy Interceptor is a large sewer main that takes sewage from Bucks County to a Philadelphia treatment facility. When there is a major storm, the interceptor becomes filled with storm water that takes up much of its sewage capacity.

NBCJMA Executive Director Warren Gormley points to the Neshaminy Interceptor problem as a big reason why the authority is looking into the feasibility of acquiring a 17.5-acre tract on Lower Silver Lake Road for the construction of a state-of-the-art treatment facility to serve the authority’s 9,000 customers in Newtown Township and Newtown Borough. It would bypass the need for sending sewage to Philadelphia for treatment.

This Zoom meeting focused on Chick-fil-A on the Bypass, Plastic Bag Ban, Corners at Newtown Development, Washington Xing Bridge Replacement, and more...

• Opening Presentation
• Further Discussion and Details
  • Chick-fil-A On the Bypass
  • Petition Aims to Prevent Approval of Chick-fil-A on Bypass
• Links to More Information
• Detailed Meeting Notes

BREAKING NEWS (5/10/2024; 9:04 AM):  The Twp Mgr just notified supervisors: "The Township has been granted an indefinite extension for the Chick Fil A zoning hearing application. The application will not be scheduled for review unless the applicant notifies the Township of its intent to proceed with the application."

UPDATE (5/9/2024): I was just informed that the ZHB has granted Chick-fil-A an EXTENSION until July (when many residents will be away) - cheap move on their part - although typical of developers trying to sneak by public opposition!

A Newtown Township resident has launched an online petition drive against a proposal to build a Chick-Fil-A restaurant on the east side of the township.

Newtown Equities, LLC, has filed a zoning application with the township to build a 6,000-square-foot restaurant with a drive-thru at the former site of the TD Bank at 98 Upper Silver Lake Road near its intersection with Newtown-Yardley Road.

[Read “Chick-fil-A Wants to Set Up Shop at Intersection of NT-Yardley Rd and #NewtownPA Bypass”; https://sco.lt/5L9k7U]

The property is diagonally across the Newtown Bypass from the site of the new Wawa convenience store and gas station approved by the township last year through a settlement agreement.

Newtown Equities has not formally presented its plan at a township meeting. It had been scheduled to appear before the planning commission on April 16, but several hours before the meeting asked to be removed from the agenda.

[Read “Chick-fil-A CANCELS presentation before the #NewtownPA Planning Commission Meeting”; https://sco.lt/6k72zw]

Donna Serdula, a resident of the 50-home Wiltshire Walk development, which is located within 500 feet of the site of the proposed restaurant, said she's "deeply concerned" by the proposal.

So much so that she launched an online petition drive this week and said she's working to organize her neighbors in opposition to the plan.

“STOP Zoning Changes Allowing Chick-fil-A Construction in Newtown” petition.

As of 5/10/2024, over 659 people have signed the petition!

"What people don't realize is that this proposed Chick-Fil-A is not on the Newtown Bypass. It's on Newtown-Yardley Road and Upper Silver Lake Road. And Newtown-Yardley Road can't handle the existing traffic. In the morning, you're already sitting through two or three lights to get to the bypass. If there's a Chick-Fil-A there, you're not even going to be able to make a left onto the bypass. It's going to become impossible.

"And we don't even have the Wawa yet," added Serdula. "On top of that, the township is working to change the zoning of the Newtown Business Commons to bring in different types of uses to support the local businesses. That's going to bring in traffic.

"Chick-Fil-A doesn't want to build there because they want to support the community," Serdula said. "They already have a Chick-Fil-A a few miles away. They're building there because they want to pull in business from I-295 and from the drivers getting gas at the Wawa," she said.

Serdula said the township and its residents need to start thinking seriously about what they'd like Newtown to be - a quiet, residential community or a traffic nightmare.

This is my personal summary of the April 24, 2024, meeting of the #NewtownPA Township Board of Supervisors (BOS). This is not a complete nor an official summary.

Access the 2024 BOS Chronicle for detailed summaries of all 2024 BOS meetings to date. Also, access the (UNOFFICIAL) 2024 BOS Voting Record.

• Historical Architectural Review Board
  • Amma’s Southern Indian Cuisine Signage
  • Deterioration of North Sycamore Street Properties
• Reports of Committees, Boards and Commissions
  • Planning Commission
    • JMZO Amendments
    • Demolition By Neglect
• Public Hearing
  • Piccolo Trattoria Application for Transfer of Restaurant Liquor License
• Reports of Officials
  • Engineer’s Report
    • Business Commons Sidewalk
    • Newtown-Yardley Rd/Tara Blvd Crosswalk Improvements
• New Business
  • Washington Crossing Bridge Discussion
• Other Items of Interest
  • My Detailed Notes
  • Official Video
  • Video Transcript

Washington Crossing residents fight bridge replacement. They say history is on their side...

The Delaware River Joint Toll Bridge Commission met Monday and heard from residents near the Washington Crossing bridge, officials announced in February that they were considering replacing due to age, function and condition.

The proposal was immediately met with protest from residents, who live near the site of the historic Revolutionary War crossing and the bridge over the Delaware. On Monday, Washington Crossing residents crammed into the commission meeting, telling officials that replacing the narrow, metal bridge with a bigger span would destroy the bucolic setting of one of America's most historic and sacred historic sites.

"Word on the street — and the word on the street is usually pretty good — it's already approved. It's going to be done," he told the bridge commissioners, citing unnamed "politicians" from New Jersey.

"The reality is this bridge is historic. It's a historic symbol. We need to maintain Washington Crossing for Washington Crossing. Not for transporting cars, all kinds of cars, across a bridge," he said.

Commission Chairman Aladar G. Komjathy, who lives in Lambertville, dismissed the allegation that the bridge replacement is a done deal. From the time of the announcement, the commission has stated it is only in the preliminary stages of evaluating a replacement plan and that it could take years before a decision is made.

At the April 24, 2024, #NewtownPA BOS meeting, Peggy Driscoll, Chair of the Planning Commission, expressed surprise that a potential historic structure - the Twining farmhouse - was demolished without input or approval by the Joint Historic Commission an the supervisors. The farmhouse was located on property owned by Toll Brothers, which plans to build a housing development at that location at the intersection of Twining Bridge Rd and Durham Rd.

Supervisor Mack informed her that the demolition was sanctioned by the BOS within the settlement agreement that allowed Toll to development the property.

Specifically, the settlement agreement specified that “Prior to offering the Township dedication of the Open Space Parcel, the Developer shall demolish the existing house on the Open Space Parcel, remove it from the Property, and grade the Property to the satisfaction of the Township Engineer.”

For more details, read "A “Major” Historic Resource Re-Discovered!"; https://johnmacknewtown.info/blog/?viewDetailed=202212161011

[Photo of outdoor dining area taken on 4/28/24.]

At the April 24, 2024, BOS meeting, #NewtownPA Supervisors approved the transfer of a liquor license to Piccolo Trattoria, which will allow the restaurant to begin serving alcohol as a complement to its food at its newly expanded restaurant.

The expansion of the restaurant into the former Dogs and Cats Rule store next door has allowed Elabed to change to a full-service concept offering lunch, brunch and dinner seven days a week with a menu featuring Italian, Mediterranean, American, and fusion dishes. He's also planning on operating a small catering area inside the restaurant that will serve up to 100 private guests.

As part of the expansion, the eatery is constructing an 80-seat covered outdoor dining area at the far western end of the shopping center. A knee-high wall will surround the patio area to protect diners from the parking area and access road.

The supervisors made their approval of the license transfer contingent upon the restaurant not allowing music of any type to be player via loudspeakers on its outdoor patio.

"At other restaurants, we have prohibited outdoor speakers, basically including Starbucks, Iron Hill, and Ardana. All of those have complied with not having outdoor speakers," said Supervisor John Mack.

Supervisor Chairman Dennis Fisher said he wouldn't have a problem with live music inside being audible on the patio, but he'd be against any kind of speakers on the patio.

Recall that #NewtownPA's plastic bag ban recently went into effect. Unless a temporary exemption is granted, retail stores must stop supplying customers with non-recyclabe plastic bags and offer paper bags instead for which they can charge a fee of up to 10 cents per bag.

This past Monday I stopped by McCaffrey's in #NewtownPA and had a paper bag issue. As I explained on FB:

"I got this recyclable paper bag from McCaffery's yesterday for 10 cents. Wanting to save 10 cents, I put all my 3 small items in the bag - including a cardboard container in the bottom containing Swedish meatballs and gravy. Unfortunately, the gravy leaked through the cardboard box AND the bag. Next time I am going to have go to the produce department and put the hot food box in a plastic bag, which are still available!"

Now, I know you are going to tell me to have bags in my car and me of all people should know that.

This is my personal summary of the April 10, 2024, meeting of the #NewtownPA Township Board of Supervisors (BOS). This is not a complete nor an official summary.

Agenda Items, Discussions, Decisions, and More

• Reports of Committees, Boards and Commissions
  • Board Member John Mack
    • Report from 4 April 2024 Meeting of Zoning Hearing Board
• Public Hearing
  • Conditional Use Hearing for Durham Investment, LP
• Reports of Officials
  • Manager’s Report
    • Law Enforcement Accreditation Services proposal
• Other Items of Interest
  • My Detailed Notes
  • Official Video

BREAKING NEWS (5/10/2024; 9:04 AM):  The Twp Mgr just notified supervisors: "The Township has been granted an indefinite extension for the Chick Fil A zoning hearing application. The application will not be scheduled for review unless the applicant notifies the Township of its intent to proceed with the application."

Just 3 hours before the April 16, 2024, Planning Commission meeting, lawyers representing Newtown Equities LLC/Chick-fil-A, CANCELED their planned presentation before the Commission. I think they were not prepared to be confronted by the angry residents expected to show up.

When the meeting ended, I spoke to about 6 residents who were still in the parking lot wondering what the next step was. I suggested that they contact their representatives on the Board of Supervisors.

In case you wish to do the same, here’s the names and official email addresses of Supervisors: https://johnmacknewtown.info/contactnt.html

The following is a summary of the activities of the Newtown Fire Rescue for the week ending 11 April 2024.

Emergency Calls:

Fire Calls –   9  Township (3)  Borough (3) Mutual Aid (3)

EMS Calls – 15  Township (15)  Borough (0 ) Mutual Aid (0)

Weekly Highlights

• Fire Safety Inspections – 12
• U&O Inspections – 1
• Knox Box Inspections - 8
• Tank Inspections - 4
• Car Seat Installation- 1
• Fire Prevention Activity - 5
• Consultation – 5

Discover the Latest #NewtownPA information about Roadwork, Fate of the Washington Crossing Bridge, Planning for Future Housing Projects, and More…

Read the online version: https://www.johnmacknewtown.info/noiapr24.html

Resistance to a potential project that could see the Washington Crossing Toll-Supported Bridge transformed into a bigger, broader span is growing.

In an effort to protect the 119-year-old span, the Upper Makefield Board of Supervisors is spearheading an effort to get the bridge placed on the National Register of Historic Places.

The board also recently passed a resolution that raises concerns that a major bridge overhaul — creating a much wider modern span — would wreak havoc on the historic character of Washington Crossing Village and the National Park of the same name, exacerbate flooding, send traffic problems soaring and have hazardous impacts on the environment, including threatening endangered species.

Now, Wrightstown is rallying to Upper Makefield’s cause.

At a public meeting on Monday, the Wrightstown Board of Supervisors authorized signing a companion resolution to Upper Makefield’s.

The Wrightstown resolution raises the same worries about traffic, the environment and the destruction of historical character. It also says that less costly and impactful alternatives to bridge replacement should be considered, including making the span a one-way bridge controlled by traffic signals.

Wrightstown Supervisor Chairman Chester Pogonowski noted that Wrightstown, Upper Makefield and Newtown Township collaborate through a local zoning jointure to control development and ensure quality of life for residents.

“The three neighboring municipalities have worked hard to preserve open space and historic resources,” Pogonowski said. “It is important to ensure that these are not compromised by another agency’s desire to increase the movement of traffic back and forth across the Delaware River.”