The shareholder of a Bally school bus company, whose proposal to construct a bus depot in Douglass Township has been rejected, appeared at Monday's board of supervisors meeting asking for reconsideration. However, the board ignored Brian Quigley's request.

        In response, the applicant plans on filing an appeal in the Montgomery County Court of Common Pleas, according to his attorney, Judith P. Rodden.

        The appeal, to be filed this week, will argue that Quigley's due process rights have been violated, according to Rodden, a Philadelphia attorney.

        "We have significant grounds for appeal," she said Tuesday morning.

        Contacted early Tuesday afternoon, township Solicitor Paul Bauer declined to comment, stating that an appeal has not yet been filed.

        According to Rodden, her client was not provided the opportunity to address concerns identified in a letter issued early last month, by the township's appointed engineer, with municipal officials.

        On Feb. 15, citing significant traffic issues and a lack of progress, the supervisors voted to deny Quigley's proposal to create a bus depot at 290 Middlecreek Road.

        At the same meeting, they also rejected a request by Quigley, the manager and part owner of Quigley Bus Service, Inc., for a 30-day extension on the project, which calls for 134 buses and 64 vans on 27.79 acres located at the intersections of Middle Creek, Swamp Creek and Schlegel roads. The applicant also requested a staff meeting with municipal officials to discuss traffic issues.

        On Monday, Quigley – whose business supplies buses for the Boyertown Area and Oley Valley school districts – appeared at the public meeting with Rodden and his traffic and structural engineers. The attorney said she and the engineers addressed the board. Rodden asked the supervisors to reconsider their decision, referencing an earlier recommendation by the township's planning agency for a 30-day extension.

        According to Rodden, her client asked for a short extension in order to respond to concerns raised by Gilmore & Associates, the township's appointed engineering firm, in a letter from early February.

        The lawyer also claimed Bauer misspoke during the most recent meeting when he told the board the applicant last submitted a plan in October. According to Rodden, Quigley presented municipal officials with a revised plan in mid-January.

        During the Feb. 1 supervisors meeting, engineer Josh Hagadorn told the board his firm was "reviewing the revised plans," and would issue a review letter "prior to the Feb. 11, 2016 Planning Agency meeting," according to minutes posted on the township's website.

        Unresolved concerns over potential traffic issues played a significant role in their decision to vote unanimously against a land development plan.

        During a zoning hearing on the proposal in 2012, 12 of 13 people expressed their opposition to the project based on traffic concerns, according to Bauer.

        The zoning hearing board's decision included a requirement that the developer complete "a traffic study/road capacity analysis study," according to the township's planning agency meeting minutes from Feb. 9, 2012.

        That ruling also required Quigley to submit a comprehensive traffic study of 14 intersections surrounding the property located at the intersections of Middle Creek, Swamp Creek and Schlegel roads, to township officials and its contracted engineering firm by Monday, Sept. 28.

        On Feb. 15, Hagadorn stated that the applicant never presented a study to support claims by his traffic engineer that the proposal would have no impact on the nearby intersections.

        The board's decision prevents officials from collecting more than $400,000 in traffic impact fees, according to Rodden. She said that the applicant planned on making several proximate road improvements, including the widening of Middlecreek Road and the implementation of multiple sight triangles.

        "The traffic impact of this project would be negligible," the attorney said Tuesday. "Many of the buses that would be stored there are already on the road. And many of the bus drivers already live in the township."