WAWA  MAIN POINTS  & SIDE 
				BY SIDE COMPARISONS WHAT 
				THEY BOUGHT - VS- WHAT THEY WANT TO HAVE  
				
             If there are mistakes here 
				please let us know 
				so we can correct anything that needs correcting.
                 
				
				This is in no way complete. We have asked for an official 
				PROFESSIONAL comparison but have received none to date so this is the best we 
				could come up with to help summarize the issues.  
				This is as one resident understands it and sees it. Nothing more. 
				
                 
				 
                
                  
				   The property was bought 
				with PB (Planned Business ) Zoning . Service Stations are 
				conditional uses by special exception - so they can be had 
				without rewriting the text of our Zoning Ordinance.   
				
				 _________________________________________________________ 
				FIRST
				 & FOREMOST:
				 
				
				
				
				
				
				### Current PB Ordinance  801B 6 allows that when 2 
				ordinances seems to conflict,  the more restrictive 
				condition shall  rule 
				
				
				
				 Proposed ORD 
				 - 
				SECTION IV .  
				REPEALER 
				“Any and all ordinances or parts of 
				ordinances in conflict with the terms of this ordinance are 
				repealed, replaced, and rescinded, by the adoption of this 
				ordinance”.
				
				This 
				ordinance proposes that everyone else's rights come second. 
				Period . The clauses and provisions of our 
				various ordinances are there to protect the rights of many 
				property owners.  No 
				one property owner should be given a trump card over everyone 
				else's rights. No one ever.  ) 
				_______________________________________
  
				SPOT ZONING  This 
				zoning "use" proposed is vastly different in every way from 
				every other use. It is 
				designed exclusively for the applicant's  own use down to 
				minute details, excluding himself from nearly every regulation 
				that other uses are bound by.   Instead of just 
				applying it to his own property ( for which it clearly was 
				sritten) they are trying to amend the ordinance, meaning it will 
				apply to other properties, the consequences of which are not 
				even fathomable.  At the same time he seeks to eliminate 
				fair competition with his language requiring the use to be 
				within 800 ft of a train station , and no other such use may be 
				within 2000 feet.  His efforts to evade spot zoning and 
				eliminate competition have effects for many other Abington 
				property owners and may be quite detrimental to some .       
				In fact,  he knew what the zoning was
				before he bought the property
				 and knew that we have a 
				way to obtain waivers and variances that are in the interests of 
				the residents. This method of gaining advantages does not keep 
				the welfare of Abington residents at it's core, serving one at 
				the expense of many.  ______________________
  
				NOT A TRANSIT ORIENTED 
				USE  On the one hand, the Commissioners are purporting to 
				build a Transit Oriented District - pedestrian friendly (your 
				reward for this by the way, is increased density and traffic and 
				many new residential AND Commercial neighbors
				 in this already 98 % 
				developed township) . 
				This applicant, however, is now trying to place
				 a non-transit oriented 
				use  IN a transit oriented 
				development - REQUIRING that this "Fueling Center" 
				be within 800 feet of a train.  
				 People using public transit don't need fuel if our real 
				goal is pedestrian oriented communities.
				 It even encourages much 
				more traffic across a very busy highway, posing safety issues or 
				slowing traffic to a crawl to accommodate.  Montco Plan Comm 
				- recommended revisiting this thought  ______________________ 
				SERVICE STATIONS ARE 
				ALREADY ALLOWED BY SPECIAL EXCEPTION  So there is no need 
				to give such an outrageous, comprehensive use "by right" 
				- which when passed 
				will take away much of the Community's right to have a 
				say  ----a bad thing 
				to do ____________________________ NUISANCE  
				 NOXIOUS OR 
				HAZARDOUS USES  & 
				COMMUNITY CHARACTER  
				 ### 
				Current PB   801.p no use with noxious or 
				hazardous gas, vibration, illumination, noise, hazard by 
				explosion, fire or otherwise , or shall create any congestion or 
				hazardous traffic condition…nor generate a nuisance to the 
				surrounding property by reason of truck or delivery traffic. 
				The municipality may require expert advice… costs borne 
				by applicant  402.4.I  
				Outdoor uses shall not create a nuisance  801 T 
				Community Character may not be negatively 
				impacted by hours of operation, traffic safety . 
				
				
				At the 10-23-12 
				Planning Commission meeting testimony as to the hazards of bring 
				in large trucks was given.  And re: traffic  it was 
				stated that 125 customers per hour were expected at rush hours - 
				25% of that traffic would be ones not already on the road - but 
				coming just for Wawa use.  
				
				Proposed ORD 
				24 hour retail use, illumination , traffic, noise not 
				controlled to level of residential --- even though they abutt residential  _________________________ 
				HOURS OF USE  
				### Current PB  -  
				801T  Commercial 
				areas abutting residential properties shall not operate between 
				12midnight  and 6 am
				
				 . 
				 At 
				the 10-23-12 Planning Commission meeting testimony was given 
				that only 1 large truck per week plus perhaps 1 large fuel truck 
				would make deliveries - but there would be numerous smaller 
				trucks. 
				 
				
				
				
				
				Proposed ORD-:
				  24 hr operation 
				- deliveries and trash 
				not allowed 12-7  ___________________________ 
				NOISE 
				### Current PB The ordinances controlling this are voluminous - Unsure what he has 
				exempted himself from & what will apply or be enforceable. On 10-23-12 his rep said that he was withdrawing all noise exemptions 
				and would comply with the noise ordinances. However, with S 
				Michael's as a shining example,  Abington has a history of 
				being unable to resolve resident complaints about noise & 
				decibel level violations. This is unlikely to be an exception.
				  http://www.ecode360.com/9007246  has the decibel levels 
				& regulations .   
				801P1a2 says noise shall not exceed average intensity of 
				noise from other causes 
				and in other parts of the code  noise of generators, 
				machinery  etc is 
				covered .  
				Proposed ORD-:
				  he had originally 
				exempted himself from some of these 
				standards - now says he will comply. Montco Plan Comm 
				-   recommended 
				he not restrict himself from 
				the standards and added  restricting  
				site-operated radios from bing broadcast 10pm - 6am .  
				____________________________ 
				MULTIPLE USES -  
				### Current PB  - no more 
				than 1 principal use per parcel  
				
				Proposed ORD 
				-  Multiple uses 
				Fueling, retail, atm, financial services, food prep , vending 
				machines, etc ______________________________ 
				MAXIMUM BUILDING COVERAGE 
				### Current PB    -50%
				
				    
				Proposed ORD - 
				60% ____________________________ 
				HEIGHT 
				### Current PB -  50 feet
				   Proposed 
				ORD -   Not 
				specified - no limitation given   Creating confusion in
				 an ordinance that 
				says it "trumps" all others…...  
				____________________________ 
				MAX IMPERVIOUS SURFACE 
				### Current PB  70%  
				
				Proposed ORD 
				-   80%
				 ( but if he goes to 70% 
				then he gets other "benefits" in 
				 not having buffering…. ) ____________________ 
				FRONT YD DIMENSION / 
				SETBACK / BUFFER   
				### Current PB  60 foot 
				dimension //  20 foot 
				landscape buffer  
				
				Proposed ORD 
				-  20 foot setback
				 and buffer would not 
				apply  if 
				he has 70% impervious & nearest 
				dwelling is over 50ft from the line line (using the 
				other's property as his buffer) Mont Co Plan Comm - 
				recommended buildings built to street 
				( if that is the case than NO traffic accommodations can 
				be made using this property)   
				____________________ 
				SIDE YARD DIMENSION SETBACK & BUFFER 
				### Current PB   40 ft 
				dimension // 6ft landscape buffer if next to Commercial but 25 
				feet landscape buffer 
				if next to residential 
				// 
				Proposed ORD 
				-  15 feet and buffer 
				would not apply  if 
				he has 70% impervious & nearest 
				dwelling is over 50ft from the line line (using the 
				other's property as his buffer) ____________________ 
				REAR YARD DIMENSION
				 SETBACK 
				### Current PB  50 foot 
				dimension//  20 ft setback 
				// 25 ft setback  if 
				it adjoins residential  
				
				Proposed ORD 
				-  15 feet and buffer 
				would not apply  if 
				he has 70% impervious & nearest 
				dwelling is over 50ft from the line (using the other's 
				property as his buffer) __________________________ 
				
				 BUFFERS 
				### Current PB 402.4.L 
				Proposed ORD 
				- if less than 30% of the lot is maintained as green space  
				and then the regular PB buffer area 
				rules would apply 
				----   
				but if he chooses more than 30% preserved as green space and 
				then he can have 
				no 
				buffers if the nearest residential unit 
				is 50 feet away.   
				In other words, he is not buffering the neighbor’s 
				property - he is using the neighbors property to buffer his own. 
				The residential neighbor whose house was located 
				50 feet away or more, would lose the right to have 
				buffering for the enjoyment of that 50 feet 
				of his property - or to perhaps build closer to his fence 
				line and still have the right to have buffering on
				 the commercial property. 
				All neighbors should be entitled to suitable use of their 
				own personal property and have adjacent commercial provide 
				proper buffering. ___________________ 
				SIGNEAGE ALLOWED  
				### Current PB  :  
				1008.2.b2   
				allows 2 signs  
				selected  from : 
				freestanding 50 sf 20 ft high 
				or wall signs 200 sf 
				25 ft hi  or 
				canopy signs 30 sf at canopy ht or monument signs 75 sf 
				10 ft high  
				Proposed ORD 
				-  5 feet setback
				   - 
				 He allows himself a total of 
				23 signs    ( said 10-23-12 that this included 
				signs for the Toni Roni/ Bank property ) 2 
				Freestanding  
				65 sf max area  of 
				signeage 25 ft high  8 Wall signs 
				500 sf max area per building  
				30 ft high  5 Canopy signs 
				40 sf max area 
				at canopy height ( undetermined)  8 max Directional 
				signs with or w/o ads - 50 sf 
				in the aggregate 
				less than 4 ft high   _________________________ 
				
				NUMBER OF DRIVEWAYS 
				### Current PB - 2 
				Proposed ORD 
				- 3  ( 4 shown in 
				plan )  ___________________________ 
				MOTOR 
				FUELING CENTER  
				### Current PB - Service stations are allowed
				 by special exception 
				already -  so the 
				intent is that the hearing would be held 
				and residents and commissioners would 
				decide if the motor vehicle fueling Center was 
				appropriate 
				Proposed ORD 
				- The use as a fueling Center would be given by right if 
				two of these three uses were present ( one present in the last 
				five years) service station/auto sales/auto service/////300 foot 
				frontage///2000 feet from other feeling Center// 800 feet from 
				rail station// ___________________________ 
				PARKING SPACES 
				Current PB-  10 ft 
				wide  
				Proposed ORD 
				-  9 feet wide 
				This is a "tax" on everyone who gets body dings in their 
				vehicles - and  large 
				vehicles often cannot even get into these spots 
				_________________________ 
				GRADE LIMITATIONS 
				Current PB -801.I.11  
				grade changes ### Current PB 
				 he needs permit and plan 
				and soil erosion plans  
				
				Proposed ORD 
				-REGULAR PB STANDARD SHALL NOT APPLY Montco Plan Comm 
				- recommended keeping requirements to get special permit for 
				grading ________________________________ 
				LANDSCAPING STANDARDS 
				 
				
				### Current PB 402 4 L   
				801.U  
				Proposed ORD 
				-  REGULAR PB 
				STANDARD SHALL NOT APPLY 
				
				MECHANICAL EQUIPMENT STANDARDS  
				Current PB 
				801.J   
				
				Proposed ORD 
				-  regular mechanical 
				equipment standard shall not apply Montco Plan Comm - recomm 
				keeping requirements  
				of PB     
				
				___________________ ILLUMINATION /LIGHTING STANDARDS 
				
				
				### Current PB  801.M.1 
				not taller than 20 ft height  
				
				Proposed ORD -  carryover illumination 
				standards shall apply only to adjoining residential properties. 
				All on lot public parking areas, aisles and accessways 
				shall be provided with an average minimum of one half 
				(.5) footcandles of light calculated over the online public 
				parking areas, aisles and accessways . Montco Plan Comm- 
				- recomm keeping requirements 
				of PB  
				//requiring set back 20 ft from residential lines // 
				any side or rear standards closer than the setback 
				distance be no more than 10 ft hi and directed away from prop 
				line  ____________________________ 
				
				FINANCIAL LOSS OR GAIN  Local gas stations, 
				coffee houses and others will be affected by this business. 
				whoever buys gas or food at this Wawa, will not be buying these 
				items at another Abington location.  We have had 
				conversations with other local station owners who have said that 
				WAWA's arrival in this slow economy will put them out of 
				business.  Do we support 
				our local businesses - or support those that would change all of 
				our laws and rules to undermine them? 
				 While we are quick to count $ that will be added - is 
				anyone calculating the losses? Including the traffic and the 
				location at the supposed "gateway" to our community
				 that we had been touting.
				 ______________________________ MONTCO 
				PLANNING COMMISSION  9-12-12 did not recommend 
				approval as it was written .  _____________________________ 
				
				THE  PLANNING COMMISSION  10-23-12 did 
				not recommend approval as it was written . 
				Chairman Rosen recommended a traffic study.  Residents and 
				others expressed many problems. a traffic study will certainly 
				not resolve all the problems inherent in this 
				
				____________________________ 
				I RECOMMEND WE NOT OPEN 
				THE DOOR TO DEVELOPERS WRITING OUR CODES FOR US -In my 
				opinion not a use that is safe, or friendly to this busy 
				intersection, to this gateway to our community, or to the 
				residential properties that it abutts.  It simply should 
				not be allowed.  And no developer should feel that Abington 
				would bend all of its laws in such a comprehensive manner to 
				accommodate such a plan without the full and complete compliance 
				of all of the residents affected.   ___________________    
				We
				welcome your comments  
                to share either anonymously or with your name attached with 
                your  fellow Abington residents.   Send  any 
				updated 
                information, comments or questions  to:
                
                
				lel@abingtoncitizens.com 
                
                
                 
          
                
            
          
          
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