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Mar. 15—Allowing industrial development on a 171-acre plot at Route 10 and Freemansville Road would threaten the safety of surrounding roads, according to a traffic expert who testified for plaintiffs before the Cumru Township Zoning Hearing Board.

The hearing Monday continued a legal challenge to a 2018 zoning change that permits warehouses on the plot, which borders Flying Hills and other residential areas.

Speaking as an expert witness for plaintiffs was Joseph Fiocco, a traffic engineer with SAFE Highway Engineering in Bucks County.

Fiocco was the latest expert to testify against the rezoning of the plot where developer Northpoint of Riverside, Mo., has proposed building a 739,000-square-foot warehouse. The hearing is slated to continue into April and beyond.

Last month's hearing featured testimony from Mark Deimler, municipal engineer with Solanco Engineering in Lancaster County, who reiterated the plaintiffs' central claim that the zoning change amounts to illegal spot zoning.

Robeson Township officials also objected to the zoning change in a letter submitted to Cumru Township last month.

The citizens group behind the challenge, which includes businesses and residents near the site, asserts that the rezoning was in response to a request from the plot's owner, Cumru-based marketing company Mail Shark, which had plans to build a warehouse there before the COVID-19 pandemic.

Traffic analysis

Several dozen members of that group attended the hearing in the Gov. Mifflin Intermediate School cafeteria as Fiocco shared the results of a traffic analysis by his firm.

The analysis referenced a traffic study conducted by McMahon Associates of Montgomery County from 2018 to 2020 in accordance with Mail Shark's plans for the site. McMahon was also hired by NorthPoint to analyze the impact of the current plans proposed in 2022.

Fiocco said McMahon found that NorthPoint's proposed use would create the least traffic of numerous industrial or warehousing uses allowed under the zoning change, which rezoned the plot from rural conservation to general industrial.

Under general industrial zoning, the site could accommodate a warehouse 100,000 square feet larger than what Northpoint proposes, according to McMahon's conclusions.

A warehouse of that size could generate as much as 478 daily truck trips, according to McMahon, compared with the 163 daily truck trips estimated to result from NorthPoint's plans.

Fiocco noted NorthPoint has yet to locate a tenant for their warehouse and that their proposal could fall through.

A high-use tenant or new plans for the site could create substantially more traffic and strain surrounding roads beyond what McMahon predicted, Fiocco said.

Fiocco also conducted an analysis using the Highway Safety Manual — a national source that agencies use to evaluate traffic safety — comparing estimated crash levels at the site if it hosted a residential development versus a warehouse of maximum size.

He said the HSM predictions found that a residential development would result in a negligible increase in crashes in areas surrounding the plot when compared with the crash numbers from an industrial development.

The most extreme increase in crashes would be seen at the Freemansville Road and Route 10 intersection, Fiocco said, with a residential development generating an additional 1.7 crashes per year versus an additional 3.3 crashes annually for an industrial use.

In total, an estimated four crashes per year could be avoided on surrounding areas of Routes 10 and 724 if the area's zoning reverted to rural conservation, Fiocco said.

He said the features of surrounding roads, such as narrow shoulders, few turning lanes and steep grades, could mean that building a warehouse could increase crashes far beyond what is predicted by the HSM.

"We are of the opinion that this study is extremely conservative," Fiocco said, referring to the crash predictions.

Cross-examination

In cross-examination, Keith Mooney, an attorney representing the developers, questioned whether PennDOT took crash data into account when approving the addition of a traffic light at Freemansville Road and Route 10 — a change Fiocco said would contribute to the increase in accidents.

Fiocco said it is typical that PennDOT would analyze traffic data when issuing a highway occupancy permit, though he found no evidence that crash data was reviewed by PennDOT or local officials when approving changes to the intersection.

Attorneys also questioned why Fiocco chose to expand his analysis beyond the scope of what PennDOT required for McMahon's study.

"I used a study area that I believed would be negatively impacted by this (warehouse) development," Fiocco said.

Attorneys asked whether Fiocco's conclusions about traffic impacts amounted to speculation.

Fiocco said traffic studies that PennDOT mandates developers submit for plan approval are required to make assumptions based on existing traffic data.

Allen Shollenberger, representing developers, also questioned Fiocco's conclusion that a residential development would add no daily truck trips to surrounding roads.

"You don't consider a FedEx or UPS truck as being a truck?" Shollenberger asked Fiocco.

Fiocco said his analysis didn't account for FedEx or UPS trucks.

The next hearing is scheduled for April 24 in the Gov. Mifflin Intermediate School.