NORTH WHITEHALL TOWNSHIP PLANNING COMMISSION
3256 LEVANS ROAD, COPLAY, PA 18037

PLANNING COMMISSION MINUTES OF JANUARY 26, 2010

 

Meeting brought to order at 7:30 p.m., on Tuesday, January 26, 2010 by Chairman Richard Celmer.

Attendance:


Chairman Richard Celmer

John Barto III

Vice Chairman Brian Horwith

Leonard Nuss

Secretary Bruce Stettler

Joanne Guth

Attorney Lisa Young

Jeff Johnson

Township Engineer Steve Gitch

Planning Administrator Jane Kelly

Supervisor Jerry Joseph

 

Minutes of the November 24, 2009 meeting were approved as presented.

 

John Barto III made the motion to nominate Brian Horwith as Vice Chairman for 2010, Jeff Johnson seconded, all others agreed.
Jeff Johnson made the motion to nominate Bruce Stettler as Secretary for 2010, seconded by Leonard Nuss, all others agreed.

 

Planning Commission has recommended the following conditions:

Jeff Johnson motioned to the table the plan until all the items discussed are cleaned-up, Bruce Stettler seconded, all agreed.
Rising Sun Farms Phase II, Lot 9- Preliminary/Final- Project # NWT – 09-017 – Minor Subdivision, 5828 Park Valley Road, 45 Acres, AR zone, Parcel ID 5560 5903 8411.Waiver request to be considered a Preliminary/Final, 90-Day Deadline starts 1/15/10, 90-Day Deadline 4/14/2010. The plan was presented by Steve Pany; Pany & Lentz Engineering and Laurie Atiyeh; developer.

Planning Commission has recommended the following conditions:

Comments from the Floor:

Nina Weiss, 5795 Harvest Place, Schnecksville, stated 5 years ago our developer stated they were going to finish the roadway and cul-de-sac, the Township said no more development until this one is complete, Please stick to your guns! Also Ms. Weiss stated the land has not been farmed this past year.

James Ehritz, 5775 Harvest Place, Schnecksville, stated he purchased his property for the cul-de-sac and was never made aware of a possible through street; he likes the cul-de-sac for the safety. We all have deed restrictions for all homes in this subdivision and that guest house does not come close to following the deed restrictions, it is an eye sore, it is not up to code and it is too small.

Jim Falco, 5866 Park Valley Road, Schnecksville, stated this project was started 5 years and when it snows, the road is not plowed for a couple of days afterwards unless the builder, who is not the responsible party, comes and plows it. The road is still not complete, we, the residents would like the road dedicated to the Township so we can have it plowed and have leaf clean-up. We also do not want a through street, we like our cul-de-sac. We were never informed of the possibility of a through street.

Richard Uttard, 5830 Harvest Place, Schnecksville, stated he would like the road completed and does not want a through street, he prefers the cul-de-sac.
Gus Youwakim, 3075 Rockdale Road, Slatington, stated he was the builder of the homes in this subdivision and he does the plowing because he feels responsible for these residents. The road is not finished, the swale was not finished, and he completed that also. The guest house, in his opinion, should be condemned, there are cracks everywhere and there is also water in the basement.

Judy Danko, 5820 Harvest Place, Schnecksville, questioned if Baron Homes is aware of the need for a lot line adjustment? Mrs. Danko also questioned if this plan will be in compliance with the Township’s steep slope ordinance.  Is this a smoke screen for a future development? Mrs. Danko is requesting the developer and the Township enter into a Municipal Service Agreement, stating the road will be completed if not the Township will complete it. Mrs. Danko also questioned whether there was an original improvements agreement from the Rising Sun Farms development.

Brian Horwith motioned to recommend a denial of the Preliminary Plan, Leonard Nuss seconded, all others agreed.

                       

Planning Commission has recommended the following conditions:

John Barto III motion to recommend Preliminary/Final approval, Jeff Johnson seconded, all agreed.

 

Township Supervisor Jerry Joseph read a statement he prepared regarding Wal-mart’s request for Mr. Joseph to recuse himself. A copy of that statement is included in the minutes.  Township Supervisor Jerry Joseph did not recuse himself.

Erick Schock stated Wal-mart was well within their right to request Township Supervisor Jerry Joseph to recuse himself.

 

 

Planning Commission Chairman Richard Celmer asked Township Solicitor Lisa Young what would her legal opinion be on this matter.
Township Solicitor Lisa Young stated that her legal opinion was that the courts have held that recusal is warranted when a member of a tribunal like the Board of Supervisors or Planning Commission participates as an advocate or witness in opposition to a plan or other matter.  Many court decisions have determined that a bias exists in a situation such as this, or even to a lesser degree when a member is not necessarily a plaintiff in several actions but have found this bias where the member gave testimony in opposition at a zoning hearing or supported litigation in opposition in which their spouse was a litigant.  This was discussed with Supervisor Joseph and the cases were presented to him with an explanation.  Her legal opinion was that a bias exists with the member in question with regard to voting on these plans.  This does not necessarily mean he cannot voice an opinion, simply the courts have held that a recusal on the vote is warranted.

Planning Commission Vice Chairman Brian Horwith questioned if the applicant could seek an injunction.
Township Solicitor Lisa Young stated that the applicant may choose to pursue an injuction if they desire and feel it is appropriate.  To date, no actions have been filed against the Township by the developer.

Chuck Braymer, 3532 Apple Road, Orefield, stated “wasn’t the Township sued”; won’t there be bias also on the Township’s part?

Township Supervisor Jerry Joseph stated Wal-mart should give him a chance to do his work. He will put his bias aside, “leave it behind me and base my decision on facts and not feelings”.

The decision was made between the Planning Commission members and the Wal-mart representatives to continue the meeting Thursday 1/28/10 at 7:30pm.  The building and the website will be posted regarding the continuation of the meeting.

Any other items that may be discussed at the discretion of the Planning Commission

 

Judy Danko, 5820 Harvest Place, Schnecksville, requests the Planning Commission draft a letter to the Board of Supervisors regarding the improvements agreement for Rising Sun Farms, the road conditions and the cul-de-sac.

Rich Casari, 4209 Iroquois Street, Schnecksville, stated Mr. Joseph has voted with intelligence and honor, give him a chance.

Nancy Braymer, 3532 Apple Road, Orefield, questioned if an answer to SALDO 10.3E will be given at the Thursday night continuation meeting of Wal-mart.  Mrs. Braymer has a presentation on this subject she would like to make.
Planning Commission Chairman Richard Celmer assured Mrs. Braymer she be given time to make her presentation at the Thursday night meeting.

Basic Course in Subdivision Review at the Lehigh Valley Commission is available of all Planning Commission members, 2/23, 3/2 and 3/9. Please let Jane know if you are interested in attending this course.

 
John Barto II made the motion for a continuance of the meeting to Thursday, January 28, 2010 at 7:30pm., Jeff Johnson seconded, all others agreed

Meeting Adjourned: 10:15pm.
Jane K. Kelly
Recording Secretary
Planning Administrator
North Whitehall Township

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