Northampton Zoning Hearing Board Tables Holland Wawa Decision After Residents’ Attorney Says It Can Set a Precedent

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

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 (LINK: TBD). 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.

wIn order to have a rain water drainage system separate from the sewer system, the Township must have a plan to reduce rain water drainage into the streams, which can become polluted when the rain water carries in pollutants.

To do this, the Township came up with a pollution reduction plan to convert some open fields to meadows that will absorb rain water before it can enter the streams. The open fields at Roberts Ridge Park are key components of that plan.

Regarding this plan, the PA Department of Conservation and Natural Resources  (DCNR) sent this message to the #NewtownPA Township Manager:

"PA DCNR is inching closer to advertising your lawn conversions for public bid."  NOTE: This includes the conversions planned for Roberts Ridge Park (see image). This was a bone of contention among residents who demanded - and eventually got - a change in the plan that would preserve the open field that is often used. For more on that, read "Supervisors Approve REVISED Pollution Reduction Plan."

"The speed bumps have been their own execution of grant funding contracts and legal review of landowner agreements," said DCNR. "I’m told they fully expect work to begin – turfgrass kill – later this summer for a fall seeding. Worst case scenario is preparation and seeding spring 2025."

"So, as the grass starts to grow, please mow. I cringe just a little bit but if you stop mowing, in invites invasive weeds to grow and seed, exactly what we don’t want to happen."

This was discussed at the March 25, 2024, Meet Mack Monday...

In late February 2024, news broke that [Wendy’s]  was considering charging different prices at different times of day — a tactic usually associated with airlines and ride-hailing companies.

[On February 15], Wendy’s announced a multimillion-dollar investment to roll out digital menu boards across all its U.S. stores. This investment would support “dynamic pricing and menu offerings,”

“Beginning as early as 2025,” said Wendy’s CEO, “we will begin testing more enhanced features like dynamic pricing and day-part offerings along with AI-enabled dynamic pricing menu changes and suggestive selling.”

See my insights below for why this may be prohibited in Newtown Township...

The next Meet Mack Monday Zoom meeting is scheduled for March 25, 2024, starting at 7 PM. Some madness may be involved. See what's on the agenda and the login info below.

The Tentative Agenda

A 15-minute Presentation

• License Plate Reader Cameras Coming – Do you have my data now? What happens to YOUR data?
• Newtown Artesian Water Company – Plan to deal with PFAS in our drinking water
• Comprehensive Plan Update – Your chance to see some details before most other people!
• Washington Crossing Bridge – Details regarding the plan to REPLACE it
• Child Care Facility and Medical Office (413 Durham Rd) – What's the Planning Commission's opinion?
• Repair and Relocation of LDR Guiderail - Why the delay?

Privilege of the Floor

Discuss whatever is on your mind.* 

RSVP to let me know what issues should be covered at my next Meet Mack Zoom meeting on March 25, 2024, starting at 7 PM. See below for possible discussion topics. Upon completion of this form you will be shown the login information. Even if you cannot attend, I will send you links to the discussion and background information.

Topics include:

• Wawa coming soon to Bypass
• Jointure will allow 5G antennas
• NAACP race and policing report
• ED streetlight payback period disputed
• more...

Read the entire issue online here: https://www.johnmacknewtown.info/noimar24.html

License Plate Readers Coming To 4 Newtown-Wrightstown Intersections - Newtown, PA - ​The system will cost the township $151,000 to install. The cost will be fully funded and reimbursed through a grant.