THE NUTSHELL ON THIS
APPLICATION
In early 20200
Bainbridge Roslyn, LLC and Peter Tiburzio, the owners of the Roslyn
Valley Shopping Center located at 1331 Easton Road,Roslyn, Abington Township, PA
made application to occupy approximately 6,000 s.f. of the
Roslyn Valley Shopping Center as a Wawa Convenience store.
The Property is 2.65 acres and presently developed with an inline shopping
center consisting of approximately 29,500 s.f. of leasable area.
The Zoning there is MS-VC Main Street
Village Center . The use "Convenience Store" is
permitted only by Special Exception - which is what they
request. Convenience Store use includes take-out,
automated teller machines, legal lottery sales, and alcoholic
beverage sales. The Special Exception is oonly
to be permitted if there is no detrimental effect on the
communityy- injurious to the public health, safety and
welfare.
The Shopping Center was first
developed in 1966. One of the 2 buildings there is approx
17962 sf and includes the Rite Aid Pharmacy taking
approx 11,890 sf . The northernmost building is approx
11,530 sf . There is a 2 lane drive aisle between the 2
buildings that once served a bank drive through window.
# driveways include full in and out near the Rite Aid, a
right in right out only near the middle , and one full in
out access onto Woodland ..
The property is currentlyThe property is currently non -
conforming with regard to off street
parking, minimum green area and rear yard setback and
building coverage. The "Existing Conditions
Plan" by LandCore Engineering shows these features.
Our zoning ordinance requires that non-conformities be brought
into compliance when a site is re-developed.
In addition they
propose to renovate the 11,530 sf of the northernmost
building into a 6,000 sf Wawa ( the Special
Exception use limits them to 3,000 sf), to reconfigure vehicle access to Woodland Rd ,
reconfigure parking aling the norther portion and
add 14 parking spaces and to provide additional
green-space and buffering along Woodland Rd. The
applicants are requesting a variance ( which requires a
hardship which is explained below 5-13-20 )
I am curious to know if neighbors all were
properly notified of the Zoning Hearing Board hearings ---
and .... the law requires your input to be permitted at Planning
Meetings --- but if your Township never tells you about them
........ then I guess they don't need to worry about your
pesky comments ........
CHRONOLOGICALLY
2-17-20 Date of the original Zoning Plan a copy of
that plan is here
as Exhibit C
https://www.abingtonpa.gov/home/showdocument?id=15160
3-13-20 A revised Zoning Plan was created
Found in the 11-17-20 Zoning Hearing Board Documents
5-13-21 Bainbridge Ltd and Tiburzio made application
to the Zoning Hearing Board Made Application
see it here
https://www.abingtonpa.gov/home/showdocument?id=15160
asking for a Special exception to allow the Convenience store
and a Variance to increase the size from 3,000 to 6,000sf
The
variance requires a hardship - Here is their description of
theirs: The Property is the only multi-tenant, in-line retail
center in the Roslyn neighborhood of Abington Township. The
Property is forced to compete for tenants with much larger, more
modern, anchored shopping centers in the Township located on Old
York Road and in the vicinity of the Willow Grove Park mall. As
a result, the Property has experienced consistent and -
prolonged vacancies with a total of five (5) as of the date of
the filing of this application with three more pending
vacancies. Additionally, the Roslyn neighborhood is currently
underserved in terms of convenience store retail. The existing
Wawa convenience store at the corner of Susquehanna and
Bradfield Roads is undersized, antiquated and incapable of
serving the needs of the community. Because of its diminutive
size, as well as physical constraints on parking and
circulation, this existing Wawa convenience store contributes to
significant traffic issues at the adjacent intersection. The
proposed Wawa Store (without gas) would provide a much-needed
infusion of an anchor to the shopping center which will be a
stimulus for the further renovation and re-tenanting of the
shopping center while providing a viable shopping option for the
Roslyn neighborhood. However, doing so necessitates that the
Wawa store be able to accommodate all of the products and
services that customers have come to expect from a Convenience
Store. To provide all of these products and services the Wawa
Store must exceed the 3,000 square feet limitation prescribed by
§2103.C Use C-10. As will be demonstrated by testimony and
exhibits at the hearing in this matter, Applicant's request for
relief from §2103.C Use C-10 is in the public interest, it will
not detract from the appropriate use and enjoyment of adjacent
properties, nor cause injury to the public health, safety and/or
welfare. Indeed, if the requested relief is not granted, the
Property will suffer substantial hardship by exacerbating and
prolonging vacancies within the shopping center.
8-13-20
Applicant's attorney Lewis writes Shaun
Littlefield Twp Zoning Officer - a Request for
Determination that te proposed use complies with
section 2601 B3 because the commercial use is separated
from residential by a street ( not an "alleyway") and therefore
not limited to 6 am to midnight operation - but can operate a
full 24 hours. Letter found as Exhibit C here :
https://www.abingtonpa.gov/home/showdocument?id=16511
8-20 The Zoning Hearing Board heard the
matter and turned it down or at least part of it . 3 to 2
8-27-20 Littlefield responded to applicant's 8-13-20 request for
determination by saying the plan and accompanying
information was inadequate to render a determination
9-11-20 Applicant's attorney Lewis writes
Shaun Littlefield Twp Zoning Officer with an updated
Zoning Plan and request for the determination Letter found
Exhibit D here :
https://www.abingtonpa.gov/home/showdocument?id=16511
10-1-20 Shaun Littlefield sent letter to attny Craig Lewis
that the alley was NOT a street and they would need a
variance Letter found Exhibit E here:
https://www.abingtonpa.gov/home/showdocument?id=16511
10-6-21 Bainbridge & Tiburzio filed an Addendum to the
Zoning Hearing Board Application -
11-17-20 Zoning Hearing Board They appealed
the determination of the rear paved section as an alley instead of a street.
Discussion
largely about the alley and whether it was used as a street over
the years and which neighbors had access to it etc . If it
were a street and not an alley, it would not be considered as
abutting residential and 24 hr operation would be allowed .
3-14-21 -
from the Commissioner :
The applicant
appeared before the Zoning Hearing Board a few months ago.
The original
application was denied due to the size but was approved for the
requested convenience store usage. The size request was then
appealed by the applicant.
On 3-9-21 Judge
Wendy Rothstein scheduled oral argument regarding the request to
have a 6,000 SF store (instead of the 3,000 SF allowed). The
Applicant would like the opportunity to present some conditions
that it would agree to in order to have the size requirements
waived. So the Judge agreed to send the matter back to the
Zoning Hearing Board while the Applicant continues to work on
coming up with conditions. The Zoning Hearing Board will
consider any conditions at a future public meeting, but that
date has not been scheduled yet.
)The application related to the
24 hour operations has been put on hold while the Applicant
works on the conditions as well, so that will also be considered
at a future date.
If the township
is not satisfied with the conditions, it still has the right to
oppose the application. (and then the applicant would also have
the right to appeal that decision)
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3-26-21
From Craig R. Lewis Direct Dial: (610) 941-2584 Direct Fax: (610) 684-2021 Email:
rlewis@kaplaw.com
www.kaplaw.com
March 26, 2021 VIA EMAIL & U.S. MAIL
To: Shaun Littlefield, Zoning Officer
Abington Township 1176 Old York RoadAbington, PA 19001
RE: Request to Amend Appeal from October 1,
2020 Zoning Determination
Abington ZHB Appeal No. 20-17; and
Remand and Consolidation with ZHB Appeal No. 20-09
1331 Easton Road, Roslyn, PA
Bainbridge Roslyn, LLC and Peter Tiburzio
Our Reference No. 16154.001
Dear Shaun:
As you know, I represent Bainbridge Roslyn,
LLC and Peter Tiburzio (collectively herein “Bainbridge”), the owners of the Roslyn
Valley Shopping Center located at 1331 Easton Road,Roslyn, Abington Township, PA (“Property”).
The Property is presently developed with an inline shopping
center consisting of approximately 29,500 s.f. of leasable area.
As you will recall, Bainbridge proposes to occupy approximately
6,000 s.f. of the Shopping Center as a Wawa Convenience store (“Proposed Use”).
Zoning Determination and
Appeal
On October 1, 2020, you
determined that the alley separating the Property from the
abutting residential district does not constitute a
street and therefore the Proposed Use is subject to the hours of operation restrictions set forth
in §2601.B.3 of the Abington Township Zoning Ordinance (“Zoning Determination”). On
October 6, 2020 Bainbridge filed an appeal from the Zoning Determination (“Determination
Appeal”) to the Abington Township Zoning Hearing Board (“Board”). On November 17,
2020, the Board conducted a hearing on the Determination Appeal. At Bainbridge’s
request, the Board has not yet rendered a decision on the Determination Appeal.
Request to Amend Appeal
Please accept this letter as Bainbridge’s
request to Amend the Determination Appeal to include an alternative request for relief in the
form of a variance from §2601.B.3.c to permit the Proposed Use to conduct 24 hour operations
(“Variance Request”). The Variance Request does not seek relief from subsections (a) or (b) and
therefore, if granted, the Proposed Use would remain subject to the restrictions therein, i.e.
no deliveries between 10:00 p.m. and 6:00 a.m. and no trash or rubbish removal between 10:00 p.m.
and 6:00 a.m.
Consolidation of Appeals
and Reconsideration
Bainbridge previously filed an
application to the Board seeking a special exception in accordance with Section 1005 Use C-10 of
the Zoning Ordinance and a variance to permit the Proposed use to occupy 6,000 square feet
where the Zoning Ordinance restricts a convenience store in the MS-VC District to a maximum of
3,000 square feet. This application was docketed as ZHB Appeal No. 20-09. By decision dated
July 14, 2020, the Board granted Bainbridge’s request for a special exception and denied
its request for a variance (”Decision”). Bainbridge appealed the Decision to the Montgomery
County Court of Common Pleas (“Zoning Appeal”).
By order dated March 9, 2021, Judge
Rothstein remanded the Zoning Appeal to the Board to be consolidated with the Determination
Appeal, to permit Bainbridge to supplement the record in the consolidated appeal, and to permit
the Board to thereafter reconsider its Decision. Therefore, please also accept this letter
as Bainbridge’s request, in accordance with Judge Rothstein’s March 9, 2021 Order, to
consolidate the Zoning Appeal and the Determination Appeal for consideration by the Board at
its regularly scheduled hearing date of April 20, 2021.
As permitted by Judge Rothstein’s Order,
Bainbridge will submit additional evidence in the form of
proposed conditions for the Board’s consideration in the
consolidated appeal
Thank you for your attention to these
matters. If you have any questions or require anything further, please contact me at your
convenience.
Best Regards, Craig R. Lewis
cc:
Joseph C. Kuhls, Esquire, Solicitor for the Zoning Hearing Board
Michael P. Clarke, Esquire, Solicitor for Abington Township
Brad Nathanson
Marc B. Kaplin, Esq.
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May 19,2021 Zoning Hearing Board
Agenda desription :
CONTINUED
APPLICATION a. 20-17: Upon Remand from the Montgomery County
Court of Common Pleas, the previous and pending Applications
(20-09 and 20-17, respectively) of Bainbridge Roslyn, LLC and
Peter Tiburizo, relative to real property at 1331 Easton Road,
Roslyn, PA 19001 (commonly referred to as the Roslyn Valley
Shopping Center) have been consolidated and amended to request:
a) a special exception pursuant to Abington Township Zoning
Ordinance (the “Ordinance”) Section 2103.C and the Comprehensive
Use Matrix to permit a Use C-10 (Convenience Store); b) a
variance from Ordinance Section 2601.B-3.c to permit a
convenience store to conduct 24-hour operations; and c) a
variance from Ordinance Section 2103.C-10.5 to allow a
convenience store of 6,000 square feet. Any other relief
originally set forth in either of the above-named Applications
has been withdrawn. The property is zoned within the Main Street
Village Center (“MS-VC”) District of Abington Township’s Ward #
14
Documents below the agenda:
ZONING
HEARING BOARD AGENDA ITEM April 20, 2021 DATE Code DEPARTMENT
AGENDA ITEM NUMBER FISCAL IMPACT Cost > $10,000 Yes No PUBLIC
BID REQUIRED Cost > $20,100 Yes No AGENDA ITEM: Bainbridge
Roslyn, LLC and Peter Tiburizo, 1331 Easton Road, Roslyn, PA
19001
EXECUTIVE SUMMARY: 20-17: Upon Remand from the
Montgomery County Court of Common Pleas, the previous and
pending Applications (20-09 and 20-17, respectively) of
Bainbridge Roslyn, LLC and Peter Tiburizo , relative to real
property at 1331 Easton Road, Roslyn, PA 19001 (commonly
referred to as the Roslyn Valley Shopping Center) have been
consolidated and amended to request:
a) a special exception pursuant to Abington Township
Zoning Ordinance (the “Ordinance”) Section 2103.C and the
Comprehensive Use Matrix to permit a Use C-10 (Convenience
Store);
b) a
variance from Ordinance Section 2601.B-3.c to permit a
convenience store to conduct 24-hour operations; and
c)
a variance from Ordinance Section 2103.C-10.5 to allow a
convenience store of 6,000 square feet.
Any other relief originally set forth in either of the
above-named Applications has been withdrawn.
The property is zoned within the Main Street Village
Center (“MS-VC”) District of Abington Township’s Ward # 14.
PREVIOUS BOARD ACTIONS: n/a
6 RECOMMENDED BOARD ACTIONS: 20-17: Upon Remand from the
Montgomery County Court of Common Pleas, the previous and
pending Applications (20-09 and 20-17, respectively) of
Bainbridge Roslyn, LLC and Peter Tiburizo , relative to real
property at 1331 Easton Road, Roslyn, PA 19001 (commonly
referred to as the Roslyn Valley Shopping Center) have been
consolidated and amended to request:
a) a special exception pursuant to Abington Township
Zoning Ordinance (the “Ordinance”) Section 2103.C and the
Comprehensive Use Matrix to permit a Use C-10 (Convenience
Store);
b) a variance from Ordinance Section 2601.B-3.c to permit
a convenience store to conduct 24-hour operations; and
c) a
variance from Ordinance Section 2103.C-10.5 to allow a
convenience store of 6,000 square feet.
Any other relief originally set forth in either of the
above-named Applications has been withdrawn.
The property is zoned within the Main Street Village Center
(“MS-VC”) District of Abington Township’s Ward # 14.
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6-30-21
Special
Meeting, Zoning Hearing Board -
06/30/2020 7:00 PM - 8:59 PM
PUBLIC
NOTICE OF SPECIAL MEETING
ABINGTON TOWNSHIP ZONING
HEARING BOARD
June
30, 2020 at 7:00 PM
Notice is hereby given that the Township of Abington Zoning
Hearing Board (ZHB) will hold a special meeting on June 30,
2020 at 7:00 PM by webinar..... ( several other property
applications preceded this: )
20-09: This
is the application of Bainbridge
Roslyn, LLC and Peter Tiburizo, owners of the property
addressed as 1331 Easton Road, Roslyn, PA 19001, commonly
referred to as the Roslyn Valley Shopping Center. The
applicants are seeking a Special Exception to convert 6,000
square feet of the 11,530 square foot northern building on
the property for a new Wawa store. A Use C-10 {Convenience
Store}, is permitted in the Zoning Ordinance by Special
Exception within the Main Street Village Center District. A
variance from Section 2103.C-5 is also requested as the
gross floor retail area is limited to 3,000 square feet for
a Convenience Store. The property is located within Ward #
14 of the Township of Abington.
-
Each speaker must provide their first and last name
and confirm they are a resident of Abington Township
for the public record before beginning their
comments.
-
Each speaker will be provided three minutes for
comments.
Note: There
is a 30 day period after the date the decision is rendered
for any and all aggrieved persons to file an appeal in the
appropriate court to contest the actions of the Zoning
Hearing Board. Applicants that take action on a
Zoning Hearing Board Approval during the 30 day appeal
period, do so at their own risk.
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Conshohocken
residents win 8-16-21
https://www.pacourts.us/assets/opinions/Commonwealth/out/501CD20_8-16-21.pdf
They were faced with a text and map amendment ( which
this is not ) but they won based largely on Spot Zoning law
and the fact that this was NOT part of the
Councilmembers' vision.
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As of 8-24-21 Still no written results from June
30th 2021 ZHB meeting/hearing It is
my understanding that at this meeting they approved the size
at 6,000 sf and the 24 hour operation but
that this would be limited to deliveries for 24 hours
with no deliveries on Sat or Sun . We have yet
to see the official written opinion of the Zoning
Hearing Board - so this has not been
verified yet. They have some time after that is
revealed for an appeal period before any final decision will hold
and work can begin.
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