SPECIAL MEETING
July 26, 2001
The special meeting of the Board of Supervisors, Hanover Township, Northampton County, Pennsylvania, was called to order by Vice—Chairman John J. Finnigan, Jr. at the Hanover Township Municipal Building, 3630 Jacksonville Road, Bethlehem, Pennsylvania, 18017 at 12:10 P.M.
Upon motion of Mr. Walbert, seconded by Mr. Colon, the Board unanimously approved the Agenda.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes.
REPORT OF THE VICE—CHAIRMAN
It was noted that Vice—Chairman Finnigan had nothing to report.
COURTESY OF THE FLOOR
It was noted that there was no one present to offer any comment.
ZONING MAP AMENDMENT VOTE
Mr. Finnigan moved that the Board approve to amend the zoning map to change the zoning from PHR to R1S for the property at the southeast corner of Jacksonville Road and Stoke Park Road.
Mr. Colon seconded the motion.
Attorney Ann Manly present on behalf of Manorhouse stated that they have a few comments and would like to state for the record that you heard our comments when we were here before, we would like to work with the Township to try and get this resolved and we are hoping today that you are not going to approve this. We would like to put a couple things on the record and Mark Hirth is here from Manorhouse Retirement Centers to make any additional statements and follow up to what was presented before at the Public Hearing.
Mark Hirth said he would also like to state for the record that the Board please defer a vote at this time. We would like to work with the Township and a higher quality developer who is interested in the property to put together something that makes sense for all parties involved and achieve our goal. We had our engineers look at the overall set of public improvements cited in the site plan improvements agreement, and the 555,500 dollars worth of improvements that were in the agreement, 330,000 dollars are improvements to be made in public right—of—ways and the balance is improvements on site. That is an extraordinary amount of money for public improvements and there is a large burden on the Developer if this is re—zoned.
Attorney Manly stated for the record on behalf of Manorhouse, that we are concerned that this has moved so quickly in terms of re—zoning because it was just brought to the Board's attention in early May that Manorhouse was not going to be building on the property and there was a suggestion at the May 22nd Supervisors meeting that immediately upon notification from Manorhouse that they were not going to build, that the Board re—zone this back to R1 and then shortly there after, on June 26th, the Board of Supervisors issued a letter revoking the plan.
Attorney Manly brought to the Board's attention that they feel this has happened extremely quickly without giving them some time to look at some other options. Based upon the dates provided to you, we are asking for some more time to see what can be done with this property because we feel that there are other options for the property. We did come to the Township office July 25, 2001 in attempt to file another site plan and there was an increase in fees, which we learned was put into effect on July 10, 2001, which concerned us in terms of timing and we wanted to make a record of that.
Secretary/Treasurer Linda Sterner stated that this is correct and that the increase in fees was put into effect on July 10th and that they came to the office with only one set of the plan, not the 22 sets that are required.
Attorney Manly stated that was correct and they had plans on rectifying that when they also learned of the increase, which would be a rather substantial increase.
Mr. Colon stated that this was a general increase that was done to all costs, including permit fees.
Solicitor Broughal questioned a comment that was made regarding the Board revoking the plan.
Attorney Manly reference a letter dated June 26, 2001 signed by Linda Sterner.
Mr. Walbert stated that changing the zoning doesn't mean that we wouldn't consider any other options, changing the zoning only protects the Township. I certainly would entertain any ideas that may come before this Board in the future to re—zone it back to something else. The R1S zoning is the most restrictive and it does protect us from anything that we may not want, but don't consider it as "doors closed" and we would no longer consider any other options.
Mr. Diacogiannis stated he agrees with Mr. Walberts' comments. I have a problem with certain types of developments that could go in there.
Attorney Manly stated she understands. She feels that number one, this is moving too quickly, and number two, doesn't want to see this go into litigation. If this does go into litigation, it would tie everything up for a long time and that's why we were looking for more time or a delay.
Mr. Hirth stated that changing the zoning of this property has already foiled any interest from developers. The zoning change makes it extremely difficult to market this property. Because of the configuration of the parcel, the nature of the roads, and being adjacent to Route 22 makes it almost impossible to sell.
Mr. Finnigan stated that the other options, like the senior living, assisted living, this Board would be open to, and those types of plans would be considered as an amendment to the already approved plan, so you are protected from that stand point.
Mr. Birdsall stated that there may be some question on whether you have the right to an existing plan that has been approved, I don't think you should rely on any existing plan, because the plan has been called null and void, you violated the improvement agreement and the plan is null and void.
Attorney Manly stated they understand what they have done and what the Board is doing to try and protect the Township.
Mr. Walbert stated again for the record that the Township is willing to work with you.
Attorney Manly states she appreciates that, but still feels that this is all happening too quickly.
Mr. Finnigan stated that the timing is based on the fact that the Developer didn't take action, and this Board representing the Township has to protect the health, safety and welfare of the Township, and if we weren't doing that, then we would fail in our duties as a Board.
After all comments were made, the Board voted.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes.
The motion carried.
COURTESY OF THE FLOOR
It was noted for the record that no comments were offered.
TOWNSHIP MANAGER REPORT
Mr. Sterner had nothing to report.
TOWNSHIP SOLICITOR REPORT
Mr. Broughal had nothing to report.
TOWNSHIP ENGINEER REPORT
Mr. Birdsall had nothing to report.
ROAD REPORTS
Mr. Walbert reported on Road District #1, nothing to report.
Mr. Diacogiannis reported on Road District #3, nothing to report.
Mr. Colon reported on Road District #4, nothing to report.
Mr. Finnigan reported on Road District #5, nothing to report.
Upon motion of Mr. Walbert, seconded by Mr. Colon, the Board approved adjournment at 12:25 P.M.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Linda J. Sterner
Secretary/Treasurer