NO BUCKINGHAM WAREHOUSE COMMUNITY GROUP FILES TWO LEGAL CLAIMS TO ENSURE MORE PATHS TO VICTORY IN PREVENTING PROPOSED TRUCK TERMINAL

Today, the No Buckingham Warehouse (NBW) Community Group's Steering Committee and Affected Parties took legal action against the proposed Truck Terminal in Buckingham Township. On July 24, 2024, the Buckingham Township Supervisors held an unannounced legal hearing in addition to their regular business meeting. At the conclusion of this "hearing", the Supervisors voted 2-1 to deny J.G. Petrucci Company, Inc.'s application to develop the DiGirolamo tract for a storage warehouse. Since that vote, J.G. Petrucci stated that they plan to appeal this decision to the Bucks County Court of Common Pleas.

The NBW Community Group Steering Committee fears a court on appeal may overturn the Supervisors' denial of J.G. Petrucci's application. Our concern stems from a separate vote before the denial, where the Supervisors voted 2-1 that Petrucci's proposed project is a storage warehouse, despite clear evidence presented that the project is a Truck Terminal. Our view remains that the presented plan and the projected 90 anticipated tractor trailer trips per day (representing over 23,000 truck trips per year) clearly shows that this building is not being constructed for warehouse storage. Unfortunately, the Township's recent denial letter also neglected to make any mention of the heavy truck traffic, or its impact to residential streets and neighborhoods.

Buckingham Township Engineer, Dan Gray and J.G. Petrucci's engineering firm representative, Greg Glitzer, were definitive in their July 24th, 2024 meeting statements, confirming our view, that a Truck Terminal would not be permitted by Buckingham's Zoning Ordinance in the proposed location. The result of the zoning interpretation vote by the Buckingham Township Supervisors takes away a strong argument against any appeal by J.G. Petrucci and gives Petrucci an easier path to winning its appeal and building this project. This means our fight to stop this Truck Terminal is not over. We cannot rest until these plans are defeated or withdrawn completely.

"While we are thankful to the Township Supervisors for denying the plan that was in front of them, our Steering Committee, as well as our legal counsel, are worried that their denial will not hold up during the appeal process. Because they designated this structure as a warehouse, and not a Truck Terminal, as evidence showed, the developer has an easier path to victory on appeal." said Mike Bateman, Chair of The NBW Steering Committee. "We expect Buckingham Township to vigorously fight J.G. Petrucci's appeal, but we cannot afford to put the future safety of our community at significant risk by only trying to win on one legal front when several other extremely viable paths are available. By pursuing multiple legal avenues, we put Buckingham's residents in the best possible position to avoid seeing construction of this Truck Terminal, which will endanger our community, destroy our infrastructure, adversely impact property values, and bring over 23,000 annual truck trips to our small and narrow roads."

In an effort to ensure a court's potential decision to overturn the Township's denial doesn't jeopardize Buckingham's future and safety, the NBW Steering Committee believes it is prudent to pursue additional and appropriate legal paths (full filings attached and linked):

• APPEAL OF BUCKINGHAM'S ZONING OFFICER'S DETERMINATION THAT PETRUCCI'S PROPOSAL IS A WAREHOUSE AND NOT A TRUCK TERMINAL TO BUCKINGHAM'S ZONING HEARING BOARD
o At the Board of Supervisors Meeting on July 24th, the Township Zoning Officer determined Petrucci's proposal constitutes a Warehouse under the Township Zoning Ordinance. We have filed an appeal of this determination to Buckingham's Zoning Hearing Board (ZHB). Under Pennsylvania law, the ZHB is empowered to consider this determination and is the appropriate venue for such an appeal. The ZHB is comprised of Township residents specifically selected and authorized to make zoning decisions.
o A successful outcome of this Appeal would result in this proposal being classified as a truck terminal and therefore not be allowed on this land forcing the developer to either drop their plans or apply for a zoning variance.

• APPEAL OF BUCKINGHAM'S SUPERVISORS VOTE DETERMINING THE ZONING DESIGNATION TO THE BUCKS COUNTY COURT OF COMMON PLEAS
o We have filed an appeal to overturn the specific vote by Buckingham's Supervisors that found Petrucci's proposed project was a warehouse rather than a Truck Terminal.
o A successful outcome in this appeal would result in the proposal being classified as a truck terminal and therefore not be allowed on this land forcing the developer to either drop their plans or apply for a zoning variance.

While we were happy to see an expeditious denial letter issued to Petrucci from Buckingham Township, J.G. Petrucci now has 30 days from the issuance of this letter to file an appeal. Waiting for this appeal process to play out would exhaust our time to file any additional claims because the law requires that we must file our claims, as outlined above, within 30 days of the Board's vote, leaving us reliant on the hope that the court upholds the Township's denial.

If J.G. Petrucci appeals Buckingham Township's denial, the NBW Steering Committee also plans to intervene in that appeal along with several Buckingham and Plumstead Township residents. This will ensure the residents' voices are heard, provide full transparency, and keep the community informed. We look forward to supporting the Township in this anticipated defense of the Board's denial of this land development plan.

"Our legal filings today are an effort to continue to work with our Township towards our combined stated goal, to prevent this project from ever being able to be built. Unfortunately, the way that laws and rules are written, we are forced to file specific challenges and appeals in order to best ensure we all achieve our goal of preventing a Truck Terminal in Buckingham. Our group hopes that the Township's leadership supports us as we all continue to oppose this project. We are all Team Buckingham." stated Jennifer Potthoff, NBW Steering Committee Member.

4868 Tall Oak Ct.
Buckingham, PA 18902

The No Buckingham Warehouse Group (NBW) includes residents of Buckingham, Plumstead and Doylestown Township committed to preventing the development of a Truck Terminal in Buckingham, Pennsylvania by New Jersey based developer J.G. Petrucci, on land owned jointly by Bucks County Commissioner Eugene DiGirolamo, and Bensalem Mayor Joseph DiGirolamo. The land is surrounded by small and narrow roads, and the anticipated 23,000 truck trips per year present a significant threat to resident safety and quality of life. The group already consists of over 1,700 nearby residents registered on Facebook, with countless more in opposition beyond. Donations to support NBW's opposition and legal efforts are being accepted at: www.gofundme.com/f/fight-industrial-warehouse-invasion-in-buckingham

This release was published on openPR.