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Middletown Township denies major warehouse project in a meeting mired by accusations of ‘bad faith’

Council members said the developer failed to answer basic questions about the warehouse proposal.

Residents protest outside a meeting of the Middletown Township Council on Aug. 6 at Indian Lane Elementary School. The council unanimously denied a proposed 330,000-square-foot warehouse that drew large protests from local residents, who said the warehouse would bring additional traffic, air pollution, and safety risks.
Residents protest outside a meeting of the Middletown Township Council on Aug. 6 at Indian Lane Elementary School. The council unanimously denied a proposed 330,000-square-foot warehouse that drew large protests from local residents, who said the warehouse would bring additional traffic, air pollution, and safety risks.Read moreDenali Sagner / Staff

A meeting that devolved into shouting and accusations of “bad faith” ended with the Middletown Township Council voting unanimously to deny a proposed 330,000-square-foot warehouse at the site of the old Franklin Mint on Baltimore Pike.

Council members on Wednesday night said the developer, Outrigger Industrial, failed to answer basic questions about the warehouse proposal, including what businesses would be using the warehouse and whether construction would disrupt a gas pipeline running near the site.

“The applicant had a number of opportunities to provide responses to our experts, to address the issues, and as I mentioned, this application was submitted in November, we’re now here in August with, still, outstanding issues,” said Councilman David Bialek.

The meeting was the culmination of a monthslong development effort by Outrigger that drew ire from local residents who voiced concerns over increased traffic, air pollution, and noise on and around Baltimore Pike.

Outrigger’s proposal for the former Franklin Mint site involved a 330,000-square-foot multi-tenant warehouse.

“There is a very antiquated supply of older buildings in Delaware County, somewhat in Chester County, and certainly in Philadelphia, that need to be replaced with new state-of-the-art facilities, and we think we can meet that demand, so we’re going to be focusing on the local users,” Scott Henderson, senior vice president at Outrigger, said.

Representatives from Outrigger said the warehouse would not house an e-commerce giant like Amazon, given that the space would likely be too small, but would rather be leased to four to six local businesses. Outrigger did not name any potential tenants for the space.

As consultants for Outrigger presented to the council on air quality, traffic, and noise-reduction studies, members of the audience booed and shouted at speakers, accusing the developer and its representatives of lying and presenting misinformation.

After presentations from the developer, public comment stretched for more than an hour, as dozens of Middletown residents urged the council to reject the warehouse.

“I’ve lived in this community for about 10 years. I totally love this community. Clean, beautiful, lots of greenery, friendly people. This all stands to be threatened right now if this warehouse gets to be built,” said Yolanda Torres.

Andrea Buechner, a 35-year resident of Middletown, expressed concern that additional traffic on Baltimore Pike would impede ambulances, which already struggle to pass through the congested corridor. Buechner and others said their concerns have been amplified by the closure of Delaware County’s Crozer-Chester Medical Center and Taylor Hospital, which has redirected more patients to Riddle Hospital, just down the road from the proposed warehouse.

“I would ask that you put your thumbprint on someone else’s community,” Buechner said, to a roaring round of applause.

A petition to block the warehouse has garnered more than 1,400 signatures as of Thursday.

As the meeting drew to a close, disagreements between Outrigger and the township over zoning regulations and incomplete application materials came to a head.

The former Franklin Mint site is zoned as SU-1A, a special designation in Middletown that was created to bring in mixed-use development, including commercial and residential spaces. The zoning designation allows for a wide range of buildings, including single- and multifamily homes, hotels, convenience stores, restaurants, and supermarkets. A 2018 amendment to the township’s code added “indoor storage building or warehouse” to that list.

Outrigger maintained they have the legal “by right” to build the warehouse — meaning that because the proposal conforms to the existing zoning code, the township has little legal ground to deny it.

However, multiple reviews deemed the warehouse plan incompatible with the corridor’s needs, including a review by the Delaware County Planning Department that found the plan is “an intense use of the site and is not compatible with neighboring residential uses nor complimentary to the overall character of this portion of Baltimore Pike.”

Both the county planning department and the Middletown Township Planning Commission recommended the project not be approved.

Councilman Christopher Stump said missing information from Outrigger about the warehouse’s lot lines raised questions “around disclosure of information” and “rushing information.“

Henderson, of Outrigger, accused multiple members of the council of “significant bias” for comments made in meetings and on Facebook.

“Our experts have tried communicating with you, and these outstanding issues still exist,” said Council Chair Bibianna Dussling. “There’s definitely a strong feeling of bad faith … from our experts and frustrations surrounding a lack of communication, lack of resolution of these issues.”

Four township councilors were present — Bialek, Dussling, Stump, and Susan Powell. All four voted to deny the warehouse, a vote that was met with cheers and applause from the packed school gym.