No Wawa Superstore In Northampton Township After Judge Rejects Appeal

NORTHAMPTON TOWNSHIP, PA —There will be no Super Wawa in Holland as a Bucks County judge sided with residents and rejected an appeal by the developer and township zoning board, ending the years-long battle.

Bucks County Court of Common Pleas Judge Denis M. Bowman ruled that the township's Zoning Hearing Board "abused its discretion" when it upheld Zoning Officer Mike Solomon's determination that allowing the convenience store to add more than a dozen fuel pumps shouldn't change the lot's primary use designation as a retail store.

Last April, Bowman sent an appeal back to the zoning board to hold a further hearing to prove that the gas pumping is “entirely incidental and subordinate” to the retail use.

The Super Wawa would have been located on 6.481 gross acres on 287 Holland Road with frontage on Rocksville, Buck and Holland roads. Provco Pinegood Northampton, LLC. was developing the property.

"Although the ZHB held a further hearing, there was no additional evidence introduced at that hearing on this particular factual issue," the judge ruled this week. "As a result, the record continues to lack the substantial evidence required to support the finding that the proposed accessory use is "entirely incidental and subordinate to" the proposed principal use. Accordingly, the Court finds that the ZHB abused its discretion and the decision to uphold the determination of the zoning officer is reversed."

Residents voiced their disapproval of the proposed Wawa, as some made their thoughts clear at a 2021 meeting regarding the new location. A civil lawsuit was filed and a petition drive was launched.

Citizens submitted an appeal to the zoning board in February 2021 arguing that Solomon had "misinterpreted and/or misapplied the applicable Zoning Ordinance provisions in reviewing the Land Development Submission."

Wawa later revised the plans, shifting its emphasis to being a convenience store selling numerous products, including fuel.

Wawa spokesman Lori Bruce could not be reached for comment Wednesday morning.

Messages were left for Solomon and Township Manager Robert Pellegrino Wednesday morning seeking comment.

Christopher Papa, an attorney who was representing residents in the Wawa battle, called the decision "just."

"I believe it was a great and just decision, with the Judge following the plain language of the ordinance," Papa told Patch Thursday. "It was a good team effort with wonderful local, community support and a strong legal argument."

Brett Duffey, one of the township's residents who led the charge against Wawa, issued a statement late Monday night, saying residents have always argued that a convenience store 70 feet from homes in Holland was not a good idea.

"We were notified that the residents against the Holland Super Wawa project have defeated Wawa and their team of highly paid lawyers," Duffey said. "The residents are appalled that it took over two years of legal arguments to prove gas is not comparable to baked goods."

Bowman stated in her ruling that entities like Wawa, Turkey Hill, Sheetz, and other similar convenience stores commonly conduct multiple business activities including selling baked goods, operating a deli, selling lottery tickets, offering an ATM on site, and selling gasoline.

The judge said that the court also acknowledged that the application of a zoning ordinance with updated language might have resulted in a different outcome in this case.

"This Court, however, is constrained to apply the applicable provisions of the existing Zoning Ordinance which, it seems, have not been updated since 1977," the judge stated.

"All of this is to say, a super gas station 70 feet from homes in Holland does not belong, never has, and never will," Duffey concluded. "The people fighting this monstrosity will never back down, not when the future of our community is at stake."