Dispute still frustrating grocery shoppers
The case is now 6 years old. The township once again has ruled for one developer. Another plans to appeal.
EAST BRANDYWINE » Could township residents who for two years have lamented the fact they have no place nearby to grocery shop be getting two new stores?
It’s possible, but in a case that’s been circulating in various courts and township boards for more than six years, it’s hard to tell.
The viewpoint from the developers of East Brandywine Center, where a “Giant Coming Soon” sign has teased motorists on Route 322 in Guthriesville for years, is upbeat.
“After more than six years in the planning process, the Giantanchored East Brandywine Center has received final township land development approval, after East Brandywine Township supervisors on June 21 approved a development plan to build a new shopping center that will include a Giant supermarket,” Carlino Commercial Development, developer of the proposed East Brandywine Center, declared in a statement Friday.
It is true the three-member board of supervisors approved the final development plan on Wednesday – for the third time.
But like the first two times, owners of the existing and neighboring retail center, Brandywine Village, plan to appeal the board’s
decision in Common Pleas Court.
“We will appeal,” said Paul Prince, the Pottstown attorney representing Brandywine Village Associates.
“It’s totally illegal,” said Leonard Blair, a partner in Brandywine Village, claiming township officials have met with Carlino representatives in closed-door meetings in violation of the Sunshine Law.
The township has erred in favor of Carlino’s plan in several respects, Prince said, including taking three acres for a connecting road between the two properties when half an acre would have been enough for the road; not enforcing parking requirements for the new development; condemning easements belonging to Brandywine Village in a case that remains undecided; and taking actions that conflict with its own 1994 plan.
“There are some serious issues from our perspective,” Prince said.
And, Blair said, Brandywine Village plans to open an independent grocery store in that center.
“That was approved by us two months ago,” Blair said.
Township residents have been without a grocery store since September 2015, when its only store, Stauffers – formerly Croppers – closed its doors. That store has remained vacant since then.
Giant first expressed interest in opening a store in the adjacent East Brandywine Center, owned by the estate of the late Frank and Beatrice Watters, in 2010, Carlino noted.
The 10-acre-plus site will be home to East Brandywine Center, a 65,000-squarefoot shopping center, 51,500 of which will be anchored by Giant. The remaining 9,500 square feet of retail space will be leased to businesses which meet the community’s daily needs, the developer said.
Among the infrastructure improvements required by PennDOT and East Brandywine Township are a relocated traffic signal on Route 322 and a connector road from Route 322 to North Guthriesville Road.
“We are grateful to the township supervisors and area residents for their support for this project over the years,” said Peter Miller, president of Carlino Commercial Development. “It has been a long road, but we are proud to be able to bring a modern, convenient grocery store and all of the benefits that go with it to the East Brandywine community.”
In the middle of the contentious legal – and community – argument has been the East Brandywine government.
Township Manager Scott Piersol noted that last week’s approval was the third time supervisors gave their OK to plans for the new center. He believes their decision will be upheld in court again, but he acknowledged the case has created hard feelings.
“They want a grocery store,” Piersol said. “Some residents blame us; they don’t realize we don’t own that ground and we don’t have any say about what goes into any of these centers. People are looking for the convenience. Unfortunately, there’s nothing we can do.”
And the prospect of having two grocery stores right next to each other?
“It’s not unheard of to have that kind of competition,” he said.
Some frustrated residents began a Change.org petition to support the building of the Giant shopping center, Carlino Commercial Development noted in its statement. Having a grocery store in the community will eliminate the 20-minute drive residents now must take, Carlino argued.
In addition, the developer has agreed to improving the road safety on Route 322. Traffic is estimated to increase in the next few years, as nearly 500 housing units are in various stages of land development and approval in the immediate vicinity, the developer said.
“With the township’s final approval in hand for East Brandywine Center, the building project could be underway within a few months. However, continued legal opposition from the adjacent landowner will continue to delay the start of the construction project,” Carlino’s statement read.