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The developer seeking to turn the struggling Exton Square Mall into a residential community and retail center plans to file a lawsuit in West Whiteland after the township's board of supervisors rejected the proposal in a vote last week. Abrams Realty & Development, based in Elkins Park, purchased the 75-acre property for $34.25 million in March and spent months presenting its redevelopment proposal to the township's planning commission. The town center project faced community pushback over concerns about the amount of traffic that would be generated by adding 718 homes at the busy intersection of Routes 30 and 100, where the mall was built in 1973. MORE: Your guide to Philadelphia's $91 million streetlight replacement project After making several revisions to the proposal — including the removal of 73 townhomes — West Whiteland's planning commission unanimously recommended in August that the township's board approve the project. But at the board meeting last week, Supervisors Rajesh Kumbhardare and Brian Dunn voted 2-0 to reject the plan. During the public meeting, they cited complaints from residents and doubts about the township's sewer capacity for stormwater management. Jo Ann Kelton, the township's third supervisor, resigned at the meeting before the vote was held. John Weller, West Whiteland Township's director of planning and zoning, said Monday he was aware that the board had reservations about the project but was "surprised" by the motion to reject it. The planning commission had determined in August that Abrams Realty's master plan complies with the township's zoning ordinance. He said the next step for the project will be up to the developer. "As far as the township is concerned, the board’s action concludes the review process and this is no longer an active project," Weller said. Peter Abrams, principle of Abrams Realty, said he will challenge the board's decision in court. "We are surprised too but confident in our game plan to get it back on track quickly," Abrams said. Dunn and Kumbhardare did not immediately respond to requests for comment. The developer's proposal called for 381 apartments, 172 townhomes and 165 units for older adults. The two apartment buildings would have a combined 167,180 square feet of commercial space and another 48,743 square feet for offices. With the exception of the Boscov's store, most of the existing mall would be demolished and the Main Line Health facility would be relocated to a new building. Before getting the green light from the planning commission in August, Abrams Realty had tweaked its proposal to add a terrace for public events and a main street running through the development. There also would be spaces for entertainment and fitness facilities. The changes were made based on feedback from earlier hearings about the original proposal submitted in February. Days after Abrams Realty' submitted its application in the winter, West Whiteland Township rezoned the property to limit its residential density. At the time, the township said the developer would not be held to the revised zoning regulations. Still, the zoning designation of the property as a "town center" means the township's approval is needed even if the master plan adheres to zoning laws. “If the plans comply, they’re required to approve them,” Marc Kaplin, a land use attorney representing Abrams Realty, told the Philadelphia Business Journal after the vote. Weller said that if Abrams wants to submit a new master plan for the property, the proposal will be subject to the updated zoning ordinance that sets a density limit of six dwellings per acre. That would require the developer to further scale back the number of homes included in the project. Abrams Realty had hoped to break ground as soon as this spring, starting with the construction of the new Main Line Health building. The demolition of the mall was not expected to happen before 2027.
