20 June 2023 Planning Commission Meeting Summary

Two lawyers and one city planner representing Kushner Real Estate (aka KRE, aka KRE Upper Macungie Associates, LP; interesting how developers “develop” aliases :) presented their zoning "Validity Challenge" to the #NewtownPA Planning Commission at its June 20, 2023 public meeting.

[Seated at left in the image is Edward Murphy, Esq., Wisler Pearlstine; Tom Comitta of Thomas Comitta Associates, Inc. - a Town Planning and Landscape Architecture firm - is seated in the middle; and Joseph Blackburn, Esq., Wisler Pearlstine, LLP, is seated on right.]

Some Background

On May 15, 2023, KRE submitted a “Substantive Validity Challenge” with Curative Amendment” to #NewtownPA Township. The developer seeks to amend the Joint Municipal Zoning Ordinance (JMZO) to allow a 245-unit multi-story apartment complex to be built on Lower Silver Lake Road, a few hundred feet south of the proposed Wawa. This type of development is not currently permitted in the OR (Office/Research) zone, where it is proposed. [Read: “Developer Challenges #NewtownPA Zoning to Allow 245 Unit Apartment Building in OR District, But Sh*t May Happen”]

Are You Concerned About Overdevelopment in Newtown?

According to the challenge document "a municipality is foreclosed from attempting to prepare and enact a municipal curative amendment within 36-months following the date of enactment of a separately adopted municipal curative amendment or reaffirmation of the validity of its zoning ordinance."

Developers are using Validity Challenges, zoning amendments, and other tactics to change Newtown’s zoning ordinances and get exactly what they want. 

These battles, I fear, will eventually lead to developers rewriting zoning ordinances (laws) meant to protect the promise of Newtown as “A Great Place to Live, Work, and Worship” as well as enjoy open, undeveloped space.

Audio Recording

The following is a video I made from an audio recording of the meeting. You can also view the video on Youtube where you will also find a transcript of the recording.