Supervisors Approve Rite Aid Construction

The Upper Southampton Board of Supervisors on Tuesday unanimously approved a plan for the construction of a Rite Aid drugstore on County Line Road at Second Street Pike.

The local OK is contingent upon approval from PennDOT. While in some cases that may seem like a mere formality, that is not likely the case following a recent policy change of the agency, which has Upper Southampton and other communities up in arms.

According to board members, PennDOT recently decided towns have to be co-applicants with developers on highway occupancy permits, which supervisors say means communities would be liable for stormwater management issues. Supervisor Marguerite Genesio explained that Upper Southampton, like other towns, is refusing to be a co-applicant.

Chairwoman Lola Biuckians said agreeing to PennDOT's new requirement would mean the township would be responsible for maintaining and possibly replacing stormwater infrastructure.

“We really can't accept this responsibility,” she said.

Project attorney Tom Hecker said he completely understands that position and believes the new policy contradicts state law.

After the meeting, he added, “The repercussion could be to shut down development in this state.”

While Hecker promised the supervisors he'd “do what I have to do” to get PennDOT's approval, he also acknowledged after the meeting that the project could be redesigned to avoid intrusion into the state's right-of-way.

The Rite Aid building would be 14,000 square feet and would include a drive-thru window, according to project engineer Vince Fioravanti. He and Hecker promised the board that developer/land owner Mike Makon would not allow the building's cellar to be occupied, restricting it to storage. If that floor were to be occupied, it would have dramatically increased the number of parking spaces required by the township.

Supervisor Walter Stevens expressed concern that the building might look like a “big square building.” Hecker said Rite Aid has gotten away from a square look and now features parapet walls and a “more upscale” appearance.

Once construction were to begin, Fioravanti told Patch, it would take about a year to complete.

In addition to granting preliminary and final approval to the plan, the supervisors gave their nod to changing the zoning of a rectangular, 1-acre parcel at the eastern end of the property. That land would remain as open space in perpetuity, creating what Hecker said would be a “nice buffer” to residents, while also be used for stormwater management. The change is from Residential 2 to Retail Services, which Fioravanti said is the same as other sections of the property, which also includes an existing shopping center.

If the applicant is unable to move ahead with the plan, because of PennDOT or any other reason, Township Solicitor Donald Williams said the supervisors could revert the zoning to R2.