Credit: Google Maps
In the case of Falls Township residents versus Buckingham Retail properties, the residents have done what some thought “unthinkable” – they won.
Residents, attorneys, as well as representatives on behalf of Buckingham have met with the Falls Zoning Hearing Board on four separate occasions to address the possible construction of a Wawa convenience store with 12 gas pumps, a Rite Aid pharmacy and a restaurant for the corner property of West Trenton Avenue and Pine Grove Road in Falls. Read the original story here.
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The board, as well as representatives and neighbors, sat through nearly 16 hours of combined testimony and public comment before holding a 20 minute executive session for deliberation Tuesday night at the Falls municipal building. It was immediately after President Colin Henderson called the meeting back to order that the board unanimously denied Buckingham’s request for six property variances, sending representatives of both Buckingham and Wawa packing.
The board was met with clapping and cheering by the residents over their decision.
Four members sought party status against Buckingham in the case, fighting for nearby businesses and residents of Stevens Road – all of which they said had a lot to lose shall Buckingham receive the requested variances and turn the abandoned Acme site into “Grand Central Station”.
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Buckingham was looking for approval of front yard and parking setbacks as well alleviation from Falls’ ordinances regarding full service pump requirements and distances allowed between service stations.
According to Buckingham at the initial zoning hearing meeting, the unique shape of the lot had made their plans for the property and the ability to abide by township ordinances “impossible.”
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Falls ordinances clearly state that if variances are requested, the client must prove the property, not themselves, have a hardship in meeting requirements so a variance can be issued.
Peter Rosenberg, an attorney representing his father, a resident of adjacent Stevens Road, said Buckingham wanting to build three businesses on a lot that couldn’t handle it wasn’t reason enough. “The property is not subject to a hardship, the user is subject to a hardship of their own making,” he said. “It’s on the duty of the applicant to prove there is a reason to bend the rules, if there is a reason to bend the rules than what is it?”
Rosenberg, who has also been a Falls resident all his life, even pleaded personally to the board to deny Buckingham’s request. “This would forever change the dynamics of this community by allowing a big corporation to overtake our township in pursuit of money, I have a big problem with that,” he said.
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Darrell Zaslow, local attorney who represented a nearby shopping center in the case, said he couldn’t be sure what the outcome would be, but that he hoped it would be denied.
“Unfortunately a lot of these cases don’t end here,” he said. “They end up in Doylestown.”
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Attorney Thomas Hecker who represented Buckingham in the case couldn’t be sure of the company’s next step moving forward.
