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

PLANNING COMMISSION MINUTES OF JANUARY 28, 2010

Meeting of Tuesday January 26, 2010 was re-convened at 7:30 p.m., on Thursday, January, 28, 2010 by Chairman Richard Celmer.

Attendance:

• North Whitehall Commercial Center, Lot 5, Wal-Mart Store – Preliminary – Project # NWT- 07-021 – Land Development, 3872 Route 309, south side of Route 309, opposite Levans Road, 32.67 acres, PC zone, Parcel ID# 5468 4911 9262. Current 90-Day deadline 2/17/2010. Bud Newton; Newton Engineering and Erick Schock; Fritzpatrick, Lentz & Bubba were present for questions regarding the plan. Cindy McCormick was also present from SSM to discuss the Township traffic review letter.

Charles Knauss, 3525 Apple Road, Orefield, inquired how are the Township residents to know there is a meeting tonight? Does it not have to be advertised in the newspaper?
Township Solicitor Lisa Young stated the meeting for Tuesday was advertised and this is a continuation from that meeting. This meeting does not have to be advertised separately.
Planning Commission member Bill George stated this meeting was reported in the Parkland Press in an article regarding the Tuesday meeting.

• Traffic Review
• Education Drive should not be Wal-mart’s responsibility
• Sand Spring Road will be at a service level C once Wal-mart completes the roadway improvements.
• The cost estimate needs more clarification.
• SSM recommended the Traffic After Study be expanded from the intersections recommended by PennDot.

Planning Commission member Joanne Guth questioned if the money to be contributed will cover the traffic improvements.
Mr. Schock stated this amount has not been discussed with the Board of Supervisors as of this time.
SSM, Cindy McCormick, stated the amount to be contributed by the developer has not been determined yet and the amount must be discussed with the Board of Supervisors and should also be a condition of the Final Plan approval.

Planning Commission member Bruce Stettler questioned the service level at Route 309 and Sand Spring Road; will the improvements Wal-mart is proposing make it better?
Bud Newton, Newton Engineering, responded that the intersection of Route 309 and Sand Spring Road is currently failing and the improvements will make it better.

Planning Commission Vice Chairman Brian Horwith questioned if there is an estimate of how much will the traffic increase in front of the store daily?
Cindy McCormick, SSM indicated it could be approximately 20% increase during peak hours from the north.

• Conditions listed from various Planning Commission meetings:
• Childproof gates shall be provided for entrances to stormwater pipes
• The detention basin shall be privately maintained and plantings to improve the quality of stormwater shall be added.
• A detail for the proposed water tower shall be submitted and approved at the time of building permit application.
• Levan’s Way and Sam’s Way are proposed to be private roads but still shall be constructed to Township standards.
• The parking of RV’s and tractor-trailers shall be restricted by adequate signs approved by the Township and Wal-mart management shall be responsible to enforce said restrictions.
• Security cameras shall be installed throughout the parking lot.

Planning Commission member Joanne Guth questioned the Light Pollution from the parking lot lights?
Bud Newton stated light coverage will stay in the parking lot and not beyond the property; Wal-mart will control what is needed for safety and security.

• SALDO 10.03 there has been some discussion on whether the plan conformed to this section of the SALDO
• The land is zoned for it - Planned Commercial - this is a planned commercial development.
• It was brought to the attention of the Planning Commission by the developer that the lead arsenic issue in the soil will not be hidden from the public. The developer has submitted to DEP and EPA addressing how contaminated soils will be remediated.
• Following all the Zoning requirements – no variances or waivers have been requested, only an interpretation, found in favor of the applicant.
• Nearby development – Orefield Cold Storage is the adjacent property with truck traffic; there are also commercial properties on the east of Route 309.
• Safety – There will be no hazardous materials brought onto the site for sale.  Wal-mart has satisfactorily addressed for fire safety.

Planning Commission member John Barto III remarked that in his opinion this is the only plan that relates to SALDO 10.03, but will a 24HR store fit our Township?
Bud Newton stated it has not been decided if the store will be open 24 hours; this will be a market decision by Wal-mart.

Planning Commission member Jeff Johnson remarked the emergency services access is adequate; this is by far the most protected building in the Township. It goes beyond what the books ask for regarding emergency services. Wal-mart has added or moved fire hydrants asked of them.

Planning Commission member Bill George stated in his 35 years on the Planning Commission he has never seen a plan get this much scrutiny.

Planning Commission Vice Chairman Brian Horwith questioned the store trips, how many per week, a guess? And what will happen to Route 309?
Bud Newton stated approximately 30,000 trips per week is estimated and once the roadway improvements are complete traffic will be better along Route 309.

Planning Commission member Bruce Stettler questioned overnight parking, will it be prohibited and how will it be stopped.
Bud Newton stated no overnight parking will be allowed, there will be signs and the managers will instruct the offenders or call the police for back-up. Mr. Newton also stated temporary storage trailers are no longer used for seasonal items.
Planning Commission member Joanne Guth questioned the “Will Service” letter from LCA, is this satisfactory for approval?
Township Solicitor Lisa Young stated yes.
Comments from the Floor:

Nancy Braymer, 3532 Apple Road, Orefield, questioned if overnight parking is allowed at the Trexlertown Wal-mart?
Bud Newton stated yes.

Nancy Braymer, 3532 Apple Road, Orefield, made a Traffic/Safety related presentation to the Planning Commission. A copy of that presentation is attached to the minutes.

Safety numbers were given. Mrs. Braymer stated when the State Police were present for a Planning Commission meeting and questioned if the incident numbers would have a significant impact on the State Police coverage in North Whitehall Township, their response was “absolutely, that is significant” and no new hires are anticipated for the State Police in 2010.

Mrs. Braymer questioned if the LOS on Levans Road is going to be addressed? She still believes the east/west roads will be affected including Kernsville Road.

Joan Casari, 4209 Iroquois Street, Schnecksville, commented on the light at Routes 873/309. She indicated 75% of the trucks can not make that turn.  There are 450 homes along Schneck Road. Who is going to look into that problem and how are we going to get out onto Route 873 with the traffic?

Mark Hills, 5149 River Drive, Laurys Station, stated there is a difference between peak shopping hours and peak traffic hours, they are not the same. The Wal-mart traffic will not be the same as work traffic.

Christine Smith, 5526 Park Valley Road, Schnecksville, stated she had worked at LCCC and the traffic was bad then, you just need to give yourself enough time to get there.

Joan Casari, 4209 Iroquois Street, Schnecksville, questioned if side roads receive greater use, is the Township going to update these roads?

Barbara Deane, 4638 Cortland Drive, Orefield, questioned what is this going to do to the Township? Is this harmonious? It will affect our safety and quality of life.

Charles Knauss, 3525 Apple Road, Orefield, questioned the Sand Spring Road intersection, will a donation be given to make the improvements.
Bud Newton stated Wal-mart has proposed to make a traffic improvements donation to be discussed with the Board of Supervisors.

Various discussions were held on how the traffic contribution amount is calculated.

Charles Knauss, 3525 Apple Road, Orefield, commented on copies of the 2005 approved minutes from the Dunkin Donuts and their Traffic Impact Fund contribution.

Mark Hills, 5149 River Drive, Laurys Station, stated Wal-mart has jumped through every hoop and done everything asked of them for people that do not ever want it in the Township, the President of the United States just stated he wants jobs created, let Wal-mart create jobs in our Township.  Wal-mart will also put money in the School District, the County and the Township.

Planning Commission Vice Chairman Brian Horwith asked Township Solicitor Lisa Young for clarification on the recent litigation involving Wal-mart. Can a motion be made with litigation open or unsettle? What is the status?

Township Solicitor Lisa Young stated that the approvals necessary for this plan to move forward have been issued.  With regard to the outcome of the particular cases, the Township has prevailed on all those decided by the courts to date, with two matters still outstanding.  The first two matters from 2008 in Lehigh County were appealed to the Commonwealth Court by the opposition and decided in favor of the Township.  A more recent records appeal to the Open Records Office was also decided in favor of the Township.  Lehigh County denied the Conditional Use Appeal with the exception of two items on remand to the Board of Supervisors.  The Board of Supervisors held a hearing and rendered a decision back to the Court.  That decision is currently under appeal.  The subdivision approval was appealed to Lehigh County and the appeal was denied.  The matter is also outstanding on appeal to the Commonwealth Court from the decision in Lehigh County.  The last two items are open; however, the Township approved the conditional use and the subdivision allowing the developer to move forward at its own risk.  The land development plan is not frozen by these appeals and may be acted upon by the Planning Commission. 

Planning Commission member Leonard Nuss stated he has lived in the Township for 68 years probably longer then anyone in this room except Bill George.  After talking to many people in the Township about Wal-mart some do not want a Wal-mart but a lot of the people want to see a Wal-mart here.  Wal-mart has gone through a lot of plan changes and site changes to satisfy recommendations from engineers, Planning Board and the public. They have also done many studies that were recommended. I have looked at the legal end of this situation as a member of the Planning Board; therefore I am making a motion to approve the Preliminary Plan of Wal-mart conditioned upon approval of outside agencies.

Leonard Nuss moved to recommend approval of the Preliminary Plan subject to conditions and approval of outside agencies, Jeff Johnson seconded, a row call vote was taken, all in favor, motion carried.

Charles Knauss, 3525 Apple Road, Orefield, stated if Wal-mart goes in it will be the BIGGEST mistake the Township has ever had made.

Joan Casari, 4209 Iroquois Street, Schnecksville, questioned who is paying for the traffic improvements and sewage plant?
Bud Newton stated Wal-mart.

 
Brian Horwith motioned to adjourn, Jeff Johnson seconded, all others agreed

Meeting Adjourned: 10:00pm.
Jane K. Kelly
Recording Secretary
Planning Administrator
North Whitehall Township