Lawyers Representing Kushner Real Estate Present Their Zoning "Validity Challenge" to #NewtownPA Planning Commission

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 next Planning Commission meeting is set for Tuesday, May 21 at 7 p.m. [at 100 Municipal Dr in Newtown PA 18940]. If Chick-Fil-A is on the agenda, it will likely be a packed house. That's because, Serdula said, residents are concerned with that intersection. With Wawa on one corner and Chick-Fil-A on the other, two more corners are prime for similar development.

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

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 5/9/2024, 638 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

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.”

On April 4, 2024, the #NewtownPA Zoning Hearing Board granted Appeal 1210-24: i.e., Newtown Artesian Water Company (NAWC), requested variances from and a special exception pursuant to the Joint Municipal Zoning Ordinance of 2006, as amended, specifically Section 404(C) to permit a rear yard setback of 36.46 feet where a minimum of 50 feet is required; Section 404(C) to permit a building height of 40 feet where a maximum of 35 feet is permitted; to permit the construction of a PFAS filtration plant.

Supervisor Mack - a "party to the case" requested that a tree barrier be installed on the border with the Country Bend common ground to mitigate any noise generated by the facility.

This is my personal summary of the March 27, 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
  • Planning Commission
    • Newtown Artesian Water Company Filtration Plan
    • Durham Investments Day Care/Medical Building Plan
• Reports of Officials
  • John Mack
    • Human Resources Commission Meeting
    • 25 March 2024 Meet Mack Monday Meeting
    • NIXLE
• Engineer’s Report
  • 2024 Liquid Fuels Road Program
  • Lower Dolington Road Trail Guardrail Repair & Relocation Update
• Solicitor’s Report
  • Authorize advertisement of a public hearing to consider adopting Comprehensive Plan
  • Newtown Artesian Water Company Building Addition
• Manager’s Report
  • February 2024 Newtown Fire & Emergency Services Report
• Other Items of Interest
  • My Detailed Notes
  • Official Video
  • Video Transcript

Managing Growth and Development: Housing Projections Analysis

The 109-page FINAL DRAFT of the 2024 Newtown Area Comprehensive Plan (“the Plan”; LINK: https://tinyurl.com/FinalDraftCompPlan) was approved for advertising by the Newtown Township Board of Supervisors at its March 27, 2024, meeting. Other members of the Jointure – Wrightstown and Upper Makefield – are expected to do the same, if they have not done so already.

The Plan was developed by the Bucks County Planning Commission (BCPC), and current version dated 2/27/24 is the result of several years of back and forth deliberations among Jointure members. Its purpose is to address the challenges faced by the members. The Plan, which contains nine guiding principles for the future, is a blueprint for the future.

Each Jointure municipality will hold a public meeting to answer questions and hear comments from residents. Newtown Township’s plans to include this at its May 22. 2024, Board of Supervisors meeting.

In order to help Newtown Township residents prepare for the scheduled May 22, 2024, meeting, I hope to prepare several short synopses of major sections of the Plan. This first synopsis focuses on:

Principle #1 - PROMOTE SMART GROWTH

Read the analysis in Newtown Patch...

Seven  #NewtownPA Twp residents and one Middletown resident attended this Zoom meeting, which focused on License Plate Reader cameras, removing PFAS from drinking water, Roberts Ridge Park meadow plan, Comprehensive Plan, LDR Trail guiderail problems, and more...

• Opening Presentation
• Further Discussion and Details
  • LDR Trail Guiderail Problem
  • Roberts Ridge Park Lawn to Meadow Conversion
  • Washington Crossing Bridge Replacement
  • Nixle Alert Application
• Links to Important Information
• Detailed Meeting Notes

Welcome to the March 25, 2024, Meet Mack Monday Zoom meeting presentation! I’m John Mack, your host and a Newtown Township Supervisor.

The goal of Meet Mack Monday Zoom meetings is to inform residents of township issues that impact them and to get feedback and comments from residents about such issues. This helps me keep better informed of residents’ concerns when I vote on the issues at Board of Supervisors meetings.

TOPICS COVERED:

• License Plate Reader Cameras Approved
• Newtown Artesian Water PFAS Filtration Plan
• Roberts Ridge Park Lawn to Meadow Conversion
• Proposed Durham Rd Day Care & Medical Buildings
• Dealing with Trash on the Trail
• Comprehensive Plan Update
• Washington Crossing Bridge Replacement Plan
• Problems with the LDR Trail Guiderail

Download the PPT Notes: https://rebrand.ly/25mar24mmmNotes

UPDATE 3/27/24: The Newtown Township Supervisors approved the 2024 Road Program.

Joseph Schiavoni, Director of Public Works, has evaluated the bids and has put a paving package together to remain under the budgeted amount. The township had allocated $755,000 in the budget for paving to be paid by the General Fund, Highway Aid Fund, and American Rescue Fund.

This item was included in the 27 March 2024 BOS meeting under the Engineer’s Report. The Supervisors unanimously approved the Program.

The recommended paving includes (see map):

Base bid:

•  Eagle Rd. (portion), Farnsworth Way, Ashford Way, N&S Ascott Ct., Amaryllis Ln., Lotus Pl., Campus Dr; $542,114.10

Alternate bids:

• Alt #2 Cypress Place; $70,660.00
• Alt #3 Coachwood Ct; $43,005.45
• Alt #4 Mulberry Pl; $24,053.65
• Alt #5 Monterey Pl; $30,890.05
• Alt #6 Mahogany Walk; $33,783.80

For a total of $744,507.05

This totals 1.99 miles of township roadways. Note that there are approximately 71 miles of township roads requiring repaving every 20 years. Therefore, to merely keep up with current roadway conditions 71/20 or 3.55 miles of roads should be repaved per year. At this rate, the township is falling behind at about 1.5 miles of roads per year needing repair but not getting it!

This is my personal summary of the 19 March 2024 Newtown Planning Commission Meeting. This is NOT a complete nor is it an official summary.

The Agenda included the following:

• Newtown Artesian Water Company, 251 Frost Lane
• Final Review of Comprehensive Plan Update
• Proposed Day Care Center & Medical Office on Durham Rd

More...

Due to system problems in the aftermath of the January cybersecurity incident at the County, mutual aid statistics for Newtown Ambulance services (NAS) that responded in to the Township is not yet available.

This month‘s report has been generated based on NAS's internal systems and a dispatch report provided by the County EHS Office..

TOTAL RUNS: 211

Note that we count every vehicle response as an individual run. The County on|y counts number of incidents, not number of responses. Total run numbers are based on the total number of reports in the NAS internal system.

At its 19 March 2024 public meeting, Newtown Planning Commission gave its unanimous support to the Newtown Artesian Water Company (NAWC) and its plans for a building addition at its plant on Frost Lane to filter out harmful PFAS contaminants from the system’s drinking water.

The company is seeking a special exception and variances to build a 2,000-square-foot, two-story addition onto its Utility Operating Facility, including related driveway and parking improvements.

With PFOS and PFAS contamination spreading out from the Willow Grove Naval Air Station to Montgomery and Bucks counties, the Newtown water system is planning to add a new filtration system.

[See this NAWC Q2 2022 chart (the latest I have) showing PFAS levels in its water wells: https://sco.lt/7eob8i]

“We need a rear yard variance for the addition. There’s a 60-foot requirement. We’re about 36 feet. There’s also a 50-foot buffer on top of that for the driveway and the building," NAWC told the planners. "We asked for a height variance so that we could design an addition that looks more residential and in keeping with the neighborhood. It’s not something you’re going to readily see from the road but we thought the effort was worth it."

The utility said the relief being requested from the zoning board is the minimum necessary "to afford reasonable use of the property considering the existing and threatened contamination of the public water system. What is proposed is in keeping with the character of the neighborhood ... What is proposed is not adverse to public health, safety and welfare, but in furtherance of it."

Construction is scheduled to begin in 2025 with an opening in 2026.