C&B Development, LLC v. Maxatawny Township Zoning Hearing Board: Pennsylvania Commonwealth Court Blocks 709,000-SF Warehouse Because Its Only Access Road Falls Inside a 500-Foot Residential Buffer
On October 14, 2026, the Commonwealth Court of Pennsylvania affirmed a Berks County trial court ruling against C&B Development, LLC. The developer wants to build a 709,000-square-foot warehouse and a commercial building on a 75.5-acre tract in Maxatawny Township, near Kutztown University. The Maxatawny Township Zoning Hearing Board ruled that the private road the warehouse needs is a related impervious surface, so the ordinance's 500-foot setback from homes applies to it. The board also refused a dimensional variance, and the appellate panel upheld both rulings.
Why it matters
Warehouse setback and buffer rules usually measure from the building. Under this ruling they can also reach the access drive, and a site whose only frontage runs past homes may be unbuildable for logistics use. The court also held that the hardship a variance requires must come from the land itself. A developer who simply cannot fit the use it prefers on the site has a self-imposed hardship, especially when the district allows other uses. Industrial developers buying land in townships that have adopted warehouse-specific ordinances should test access routes against those buffers before signing a contract.
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Case timeline · 6 entries Latest: October 14, 2026 — Commonwealth Court affirms
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