Arcadia Files Legal Notice Asserting Housing Development Approved

NEWTOWN TOWNSHIP, PA — The developer behind a controversial housing proposal that was rejected in November by authorities in Newtown Township is asserting through a legal notice that the application was in fact approved.

Arcadia at Newtown Holdings, in a legal notice published Jan. 18 by attorneys at Eastburn and Gray, said the application has been "deemed approved" due to "failure of the Board of Supervisors of Newtown Township, Bucks County, PA to act on the application within time period required."

The Arcadia Green proposal sought to construct 76 residential units (23 single-family detached houses and 53 single-family attached townhomes) on 22 acres off the Newtown Bypass at Buck Road.

Arcadia attorney John VanLuvanee has argued in court that an emailed decision he received Nov. 24 was not certified or signed until December, according to a report in the Bucks County Courier Times.

"Arcadia at Newtown Holdings, L.P. ("Arcadia") is publishing notice that its Application for Tentative Approval of a Mixed Residential Planned Residential Development of 76 dwelling units," the legal notice begins.

When contacted Wednesday afternoon, Newtown Township Board of Supervisors Chairman Phillip Calabro declined to weigh in on the matter just yet. The board was scheduled to meet Wednesday night.

Newtown Township Solicitor David Sander told the Courier Times the municipality would “fight these frivolous claims in court at every turn" and said the applicant was using "obscure technicalities" to try and overturn the decision by the board.

The Arcadia project, the subject of numerous meetings, was met with resistance from many surrounding neighbors over traffic and safety concerns.

"The decision is a deemed approval of a Mixed Residential Planned Residential Development of 76 dwelling units for the site described above," the legal notice continues, stating the application and related materials can be reviewed at the Newtown Township municipal building.

"All interested persons are hereby notified that the appeal period for appealing the decision described above will expire thirty (30) days after the date of the second publication of this notice."

The notice can be viewed in full here.