Court Rules In Favor Of Hatboro Wawa Plans

HATBORO, PA — The Court of Common Pleas of Montgomery County has ruled in favor of developers hoping to build a "super-Wawa" at the corner of York and Horsham roads.

In a ruling handed down on Thursday, the court said that the borough's zoning hearing board "unconstitutionally excluded a legitimate land use" by denying developers the right to build a Wawa, with gas tanks, on the property.

"The court’s decision confirms our position that a new Wawa convenience with fueling facility is allowed at the proposed site at York and Horsham roads," developers Hatboro York Road, LLC said in a written statement.

"This ruling allows for the opportunity to bring extended services and products to the borough, as well as create new jobs, additional tax revenue and economic development. We look forward to working with the borough to move this plan forward in keeping 40 years of tradition alive in Hatboro with a modernized store."

The proposal has met with stiff opposition in the community, including from neighbors and elected officials. Complaints have centered around traffic, potential dangers involving the sinking of gas tanks and the fact that there already are other Wawa stores in the area.

Thursday's ruling did deny developers' request for an immediate variance they had requested to vary the store's parking lot size a few feet from borough requirements.

The court's ruling says Hatboro York Road, LLC "is entitled to site-specific relief permitting (them) to develop a convenience store with fuel dispensing facilities and parking on the property." Developers must not re-submit an application to do so to the borough, the ruling states.

In a letter to Hatboro officials, the president of the development company said the store would bring 30-40 jobs to the area, along with roadway improvements around the store.

It would be a 5,500-square-foot store.

Hatboro Mayor Nancy Guenst, who has spoken publicly against the Wawa plans, said Friday that borough council plans a vote on Monday whether to appeal the court's ruling.

"I encourage all members of the community to attend that meeting to have your voices heard," she said in an email to Patch.