Newtown Planning Commission Discusses Wawa's Challenge to OR Zoning

Provco - representing Wawa - has sued Newtown because it does not have a zone that allows a combination gas station and convenience store. In a separate but somewhat related action, a curative amendment was proposed that seeks to find a zoning area for the use within the jointure area of Newtown Township, Wrightstown and Upper Makefield (view the video here: https://johnmacknewtown.info/municure.html). Although Supervisor Calabro suggested that this is "protecting" Newtown, Township Solicitor Dave Sander said it does not apply to Wawa's substantive legal challenge to the joint municipal zoning ordinance previously filed by Wawa. Only if that challenge does not succeed will Wawa be subject to the Municipal Cure. At the June 6, 2020, Newtown Planning Commission Zoom meeting, the members tried to understand the process and were frustrated that the township virtually has no choice but to give Wawa want it wants - i.e, modification of the OR (Office/Research) zone, which is along the Newtown Bypass, to allow a Super Wawa to be built there pretty much the way Wawa wants to build it - primarily due to the fact that Newtown does not have the funds to fight Wawa in court, a situation exacerbated by the COVID-19 pandemic. In other words, Wawa has the township over a barrel! In addition, this will be by "exceptional use," not "conditional use," which means the Zoning Hearing Board - NOT the Supervisors - will have the authority to approve this use. The ZHB is not elected by the public, just sayin'