Provco's E30 Validity Challenge at ZHB: Part 1

Mack's Newtown Voice

At a special session of the Newtown Township Zoning Hearing Board (ZHB) on January 30, 2023, Provco/Wawa appealed the ZHB's 2021 denial (see https://sco.lt/6Eh7rM) of all signage and fuel dispenser variances to the JMZO E30 zoning ordinance. Provco 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." 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 witness Jason Korczak, P.E., Bohler Engineering. Peter Nelson, an attorney representing Upper Makefield Township was a party to the case and also cross-examined Provco's witnesses at the hearing. The hearing was very similar - hence, Deja Vu All Over Again - to the first hearing before the ZHB on May 6, 2021 (https://www.johnmacknewtown.info/zhbwawarnd1.html). 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.