Credit: Tom Sofield/LevittownNow.com
Falls Township has reaffirmed its decision that Wawa does not qualify as a service station under the township zoning code.
The municipality held a hearing this month at the request of the Bucks County Court of Common Pleas where they were asked to provide additional evidence and reasoning behind why they granted conditional use approval back in May for the re-development of the Acme site at West Trenton Avenue and Pine Grove Road into a Wawa, Rite-Aid and drive-thru restaurant.
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The request by county Judge Gary Gilman to the municipality was in response to now remanded legislation brought forth by the owners of the nearby Plaza Shell Service Station in late October.
Their attorney, Joseph Caracappa, argued that Wawa, which sells fuel and basic car maintenance and accessory parts should face regulation as a service station under township code, and therefore be prohibited from building within 1500 feet of another service station – making the 8.7 acre site that is just 600 feet from Plaza Shell unusable.
The township, according to Solicitor Michael Clarke, was asked to research its files and determine if any legislative history existed regarding the zoning ordinance. When they found none, Chief Zoning and Code Enforcement Officer Thomas Bennett was asked to make the determination, to which he stated that he did not interpret Wawa as a service station, therefore disqualifying them from the specific zoning instructions laid out by the appellate.
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The township defines service stations as “(lots) or (buildings) providing for the sale of fuel, lubricants, automotive accessories, maintenance and minor repairs for motor vehicles.”
The debate has held up the construction of the approved Wawa, which was slated to begin last July and end late December 2017. Construction has not yet begun on the property’s drive-thru restaurant but is complete on its Rite Aid.
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