Present: --------------- Councilwoman Hayden; Councilmen Atkinson, Kovacs, Paulus, Williams;
------------------------------- J. Jackson Eaton, III, Esquire; Frederick W. Hay, P.E.; Sandra A. Pudliner; Vicky Roth

Absent: ------------------ 0

Attendance: ---------- 45

Courtesy of the Floor:

Attorney James Broughal approached the Board on behalf of his client, Airport Center, L.L.C., which entity Attorney Broughal noted has requested the zoning changes as set forth on the agenda. He indicated to the Board that he would like to address two issues to them. The first issue Attorney Broughal advised is the issue of traffic. Attorney Broughal noted that obviously one of the major issues if the Rezoning Ordinances are adopted and if a retail center is built at this site is the issue of traffic. If the rezoning is not adopted and if Mr. Witko closes the park and sells the land under the current zoning, Attorney Broughal indicated that the current zoning would allow multi-family dwellings or a neighborhood convenient center. Under either scenario, Attorney Broughal advised Council that traffic would be increased. Attorney Broughal continued by indicating that if the rezoning is passed and a retail center goes forward the Pennsylvania Department of Transportation as a condition for a highway occupancy permit will require a traffic study. That traffic study will look at more intersections than the traffic study the developer prepared. Before the highway occupancy permit is granted, the developer will have to agree to off-site traffic improvements at all intersections which PennDOT believes are impacted. The developer will be required to post security with PennDOT and finally PennDOT will not allow occupancy until those improvements, which they require, are in place. Attorney Broughal noted that it would be safe to say that a certain level of traffic improvements on Airport Road will be required whether the rezoning ordinance is passed or not. Furthermore, no retailer will come into a retail center like the one proposed until they are assured that the traffic situation is mitigated. A retailer would not only be concerned with getting people to their facility, but would also be concerned if people think they cannot get to the facility and stay away.

Attorney Broughal noted that the second issue he would like to discuss is the issue of stormwater. He noted that the law requires that any developer manage stormwater from their development. The law requires that the rate of flow be mitigated and reduced by 10%. He noted that is the rate of flow, not volume. Any developer of this property would have to detain or retain the water. Any development of this property will result in an increase in impervious cover. The law requires and your statutes require that a developer mitigate stormwater by 10%. Finally, Attorney Broughal advised Council that he would like to thank them on behalf of the developer for allowing them to present their case to the Board. He further noted that he would like to thank Council and their staff for their professionalism in the handling of this matter. Attorney Broughal finalized by indicating that he is a municipal solicitor and he appreciates the way this matter was handled.

Mr. Chet Slaska approached the Board at this time. Mr. Slaska indicated that he agrees the traffic is a big issue. He presented to Council paperwork which his group had prepared titled Decision Worksheet. Mr. Slaska noted that his group felt that this could be used as a worksheet in discussing the issues at hand. He advised Council that he felt we are talking about a lot of unknowns. Mr. Slaska felt the only concrete issue is the issue that because of the law the traffic will be mitigated. Mr. Slaska noted that the developer has indicated that there will be a traffic study done in the future and that everything will be addressed. He noted, however, that there had been a traffic study presented to the Lehigh Valley Planning Commission which was returned to the developer because the Lehigh Valley Planning Commission considered the study in error. The Lehigh Valley Planning Commission felt that the developer had not considered the whole proposal. Mr. Slaska advised Council that he had tried to do a crash study in traffic engineering. He noted that he had found a document from the State of Michigan which has been offered to Townships and municipalities. It is a large document and Mr. Slaska indicated that he had read through it. The theory utilized in this document is that a traffic study should be considered before a zoning change not after. It notes that a traffic impact study should be required in a number of situations. Mr. Slaska had a sample showing where and when traffic studies should be considered. It is recommended that if the study is not done before the zoning change you could run into problems. Mr. Slaska presented the study information to the Township Solicitor at this time. Continuing with his dissertation Mr. Slaska advised Council that what we have in this situation is a traffic study done by the developer which is flawed. Mr. Slaska also noted that there are proposed developments in our area as a result of the American Parkway, Agere, the Agere facility on Union blvd., industrial parks looking for more business in the future, etc. Mr. Slaska felt that the Township should be looking at the large scale changes in traffic patterns in our area from all these sources.

At this point in the meeting, Chairman Paulus made a statement with respect to the fact that after the closing of Courtesy of the Floor the Board would not hear from the public until after the items listed under General Business and asked if anyone else wanted to speak. Mr. Joseph Feskanin, a member of the audience, questioned whether or not they would have the opportunity for discussion after General Business. Chairman Paulus advised Mr. Feskanin that there would be a second Courtesy of the Floor after the items under General Business were addressed. Attorney Eaton indicated to Mr. Feskanin that he should be aware of the fact that they would have the opportunity to speak under the second Courtesy of the Floor but not necessarily before a vote would be taken on any of the items listed under General Business. There being no further discussion under Courtesy of the Floor, Council moved on with the agenda at this time.

Approval of Minutes: ------- June 24, 2003 Special Council Meeting
--------------------------------------------- July 14, 2003 Special Council Meeting
--------------------------------------------- September 22, 2003 Special Council Meeting

Motion: ---I move we waive the reading of the Minutes of the June 24, 2003 Special Council Meeting and accept same as presented.

Paulus, Williams: Moved and Seconded
Atkinson, Hayden, Kovacs, Williams, Paulus: ------- Aye ------- Unan.

Motion: ---I move we waive the reading of the Minutes of the July 14, 2003 Special Council Meeting and accept same as presented.

Paulus, Williams: Moved and Seconded
Atkinson, Hayden, Kovacs, Williams, Paulus: ------- Aye ------- Unan.

Motion: ---I move we waive the reading of the Minutes of the September 22, 2003 Special Council Meeting and accept same as presented.

Paulus, Williams: Moved and Seconded
Atkinson, Hayden, Kovacs, Williams, Paulus: ------- Aye ------- Unan.

General Business:

1. Resolution No. 2003-33, A Resolution Adopting an Amendment to the Comprehensive Plan for Hanover Township, Lehigh County (Review and Discussion)

2. Bill No. 2003-04, An Ordinance Amending Chapter 27, Part 16 of the Statutory Code of Hanover Township, the Hanover Township Zoning Map, by Changing a Portion of the Zoning District Designated Limited Use Along North Irving Street to a Designation of Medium Residential (Review and Discussion)

3. Bill No. 2003-05, An Ordinance Amending Chapter 27, Part 16 of the Statutory Code of Hanover Township, the Hanover Township Zoning Map, by Changing a Portion of the Zoning District Located South of Route 22 from a Medium Density Residential to Planned Commercial (Review and Discussion)

Chairman Paulus noted to all in attendance that discussion with respect to the three items listed under General Business would be conducted simultaneously. For the record, Chairman Paulus noted that with respect to the amendment to the Township’s Comprehensive Plan, the Board has received comments from surrounding municipalities, etc. in accordance with the requirements of the Municipalities Planning Code and asked if anyone had any comment on them.

Councilman Atkinson opened the discussions advising the Board that he has been privy to discussions with the Catasauqua Area School District concerning the design and the building of the new high school and renovations to the old. Councilman Atkinson advised Council that in their future planning and construction the Catasauqua Area School District did not take into consideration an increase in the student load in their school district. Councilman Atkinson also noted that it was his opinion that this project has been the most studied, reviewed and analyzed project in the history of the Township. He noted that he has been involved in the government for 30 years and that this development represents the largest development of one particular property. Councilman Williams commented that he felt that the amount of people involved here makes this situation unique. Councilman Atkinson indicated that he felt that the decisions made in these matters should be based on facts. With respect to issues where there are no facts, the Board has to rely on the expertise of its professionals and overall the Board must utilize simply logic. Councilman Atkinson felt there were really three courses of action available. 1) Build out under current zoning, 2) build out under revised zoning, and 3) status quo, which he felt was unrealistic. Councilwoman Hayden commented that obviously the property will not remain as it is. Chairman Paulus commented that he felt that Council could do nothing about the situation and that it is governed by the person who owns this land. To that, Councilwoman Hayden indicated that the landowner has the right to sell his land.

For the record, Councilwoman Hayden made a statement at this time. Her statement was with respect to the last letter sent out to all the Township residents. She was unaware who sent it since it was unsigned. However, Councilwoman Hayden took issue with the contents of that letter indicating it was libelous and that she personally did not appreciate it. She felt that regardless of what use would be made of Mr. Witko’s property, the Hanover Township Council is not a secret, spying body and is not out to screw anybody. She further noted for the record that her decision tonight has nothing to do with the letter or the attitudes of the people. To that, Councilman Kovacs reiterated Councilwoman Hayden’s position indicating that the letter was not necessary and was in very bad taste. Councilman Kovacs also noted that he has gone through everything submitted by everyone regarding this matter and has worked many long hours on this. Councilwoman Hayden noted that this is the first time that the Hanover Township Council has had a full public discussion on these matters.

At this point in the meeting, Council reviewed item by item of the matter set forth on paperwork provided to the Board by Mr. Slaska titled, Decision Worksheet for the Witko Properties. The first item listed under consideration was the issue of traffic at the Route 22/Airport Road corridor not being at acceptable standards at present. The worksheet noted that if an estimated 15,000 cars are added to this area plus estimates of traffic from the completion of the American Parkway, the full occupancy of the Agere complex, the development of the Union Blvd. Agere, and the improvements at the LVIA, the traffic situation would worsen. Councilman Kovacs noted that Attorney Donald Miles had previously estimated 20,000 cars added to the area from this development and that now it is down to 15,000 cars. Councilman Kovacs commented that traffic issues will need to be mitigated from any development. He further commented that his son is an engineer and that in discussing this issue with him his son indicated that any developer must adhere to the requirements of the Township and the state with respect to traffic concerns.

There was a discussion with respect to the information received dated September 22, 2003 from the Community Crusaders of Airport Road, Inc. as same relates to accident reports in Hanover Township for the years 2001, 2002, and 2003. It was noted that if you review same, the number of accidents has actually declined over the years. In furtherance of this discussion, Council reviewed a memorandum involving a meeting held between the Chairman of the Hanover Township Council, the Township Manager and the acting captain (now Captain) of the Pennsylvania State Police, Bethlehem Barracks, namely, Scott R. Snyder. In reading from said memo, it was noted “Attorney Donald Miles, the attorney for the Witko residents who object to the proposed shopping center, has made statements concerning the Township’s need for police protection at a cost ranging from $2,500,000 to $3,000,000. The conversation with Lieutenant Snyder was for informational purposes. Lieutenant Snyder indicated that the distribution of their manpower is based on work load. They qualify same by type of crimes, number of crimes, amount of arrests, etc. Lieutenant Snyder was of the opinion that currently he did not see any major problems in the Township. He noted that the car break-ins at Carmike Cinemas were the most frequent occurrence in the Township. He further indicated that should the level of crime rise in the Township, the state police would adjust accordingly by having a greater presence in the Township. He also noted that in cases where immediate emergency response is necessary and the state police are unable to respond, they would rely on reciprocal agreements they have with other police forces, such as Colonial Regional Police.” With respect to this situation, Chairman Paulus indicated to the audience that in talking to Captain Snyder he did not appear that concerned about the shopping center. Chairman Paulus noted that if we need the police protection we get it. As far as drug dealings, etc., Captain Snyder did not feel the shopping center would necessarily bring that into the area. Councilman Williams noted that Route 22 is already a drug corridor. Councilman Williams was also of the opinion that if the shopping center would go through the Township should require private security at those facilities. Councilman Atkinson noted that might be a planning issue and the Township Attorney noted that it would be a zoning issue rather than a planning issue. Chairman Paulus noted that as far as the Township getting its own police force he did not agree with such a consideration. He did note that the Township looked into the issue over the past three years and had decided against such a consideration.

With respect to the issue of traffic, Councilman Atkinson agreed that it is a huge consideration. He noted you cannot just say that you are dealing with x number of cars. He noted that each type of development has its own peak traffic patterns. Without having concrete plans as to what is planned for a development you cannot determine actual impact. There are peak flows of residential traffic in the mornings and the evenings. Different types of commercial and business uses have there own peaks. Councilman Atkinson also felt that he didn’t know if it was appropriate to look at traffic issues in a rezoning scenario. Councilwoman Hayden commented that traffic and stormwater will be huge problems for both residential and retail uses.

With respect to the Airport Road corridor, Councilman Atkinson advised that he had the Township staff put together some data with respect to existing parking for facilities on the east side of Airport Road. Looking at that all totaled it is just over 55 acres. Property in question is 52 acres. When you look at the number of parking spaces on the property already developed, the total is 3,159 parking spaces. The proposed development would generate 2,250 parking spaces. With respect to density, what is already developed has a density of 57.6. The proposed would have a density of 43.3 parking spaces per acre of development. Councilman Atkinson also noted that with respect to the completion of the American Parkway, the Agere property, etc., any additional development must mitigate its traffic. Obviously, Councilman Atkinson indicated PennDOT will have a big say in these matters with respect to what affect development has on feeder roads, arterial roads, thruways, etc. Councilman Williams noted that any development will have traffic impact. PennDOT will require mitigation of the traffic as it affects surrounding intersections. Since Airport Road is a state road, PennDOT will handle the problems. Councilman Williams also noted that PennDOT's primary concern is public health and safety.

With respect to the next item on the Decision Worksheet listed under the considerations, Chairman Paulus read the following: “Stormwater runoff from an approximate two square mile area including Route 22 and the Witko properties”. Chairman Paulus directed a discussion to the Township Engineer indicating to the Township Engineer that as he is aware we have had many notes of concern brought before the Board with respect to all the homes in the Irving Street area being flooded out. The Township Engineer commented that the Township’s ordinance does require developers to make improvements offsite downstream. Those improvements could include culverts, permanent channel restoration of the Allendale swale down to Lower Lloyd, improvements of the swale, improvements on the Polak/Witko properties and the cemetery properties. The Township Engineer also noted that volume always increases with development. With respect to the rate of flow, the flow is longer. He also noted that the Township even gets water from Schoenersville Road which goes down into this area. If you look at the water shed, this is closer to the bottom. The Township Engineer commented that he thought the water situation down at Allendale can be improved. He noted that he had no problem requiring the developer to improve the situation. He noted that the developer would be governed by the Act 167 Watershed Act and further that the Municipalities Planning Code does not require offsite traffic improvements but that this; namely, stormwater, is a different situation.

Councilman Atkinson commented that if you look at buildout under the current zoning versus rezoning the amount of impervious coverage is the same under either scenario. With respect to sinkholes and ponds, it was noted that the Township requires developers to line ponds. Since that requirement has been set in place, the Township has not had sinkhole problems. Chairman Paulus questioned the Township Engineer as to whether or not he thought the development of the property and the requirements that would be placed on such development would help improve the situation. The Township Engineer noted that with respect to the question of whether or not water is going to go down there, sure it is. However, the Township Engineer indicated that he felt the Township could require any developer whether residential or commercial to improve the situation.

Chairman Paulus noted the next item under the considerations set forth; namely, “Township liabilities for negligence concerning stormwater runoff”. Attorney Eaton advised that he felt that if the Township complies with state standards he didn’t see any liability.

The next item on the Decision Worksheet listed under considerations was as follows: “Cost to the Township for remediation of stormwater problems. (Construction of box culverts, water course diversion, blasting on Lloyd Street as done approximately 15 years ago, new culvert on Irving Street, if possible, without road upgrade, possible grave relocation)”. The Township Engineer commented that he did not feel this would be a problem for the Township. Councilman Atkinson commented that he had walked the whole property in question. He noted there was discussion about sedimentation coming down. Currently, Mr. Atkinson noted that there is a lot of fill put in on both sides of the ditch brought down from Witko and Route 22. He questioned whether it would be logical to assume when the land is developed a lot of the sedimentation will stop. He did note that there is still the tract between the naval barracks and the post office to be developed.

The next item on the Decision Worksheet listed under considerations was: “Affect on business relocation to industrial parks because of traffic congestion”. Councilwoman Hayden noted that currently numerous businesses in the industrial parks have established different hours for starting and stopping of the work day. She noted that there is a serious backup on Postal Road, but that she didn’t think the Township would lose businesses. Councilman Atkinson commented that he did not see how development of the Witko property would affect the roads in the industrial park.

The next item listed on the Decision Worksheet under considerations was: “Cost to the Township for traffic remediation. (Traffic lights, road construction, maintenance. Irving Street to four lanes, traffic light at Cedar Hill and Irving, Lloyd and Irving, Irving and Marcon, sidewalks, street lighting, traffic marking.)” The Township Engineer commented that the Township maintains every single light on Airport Road in the Township. With respect to Irving and Dauphin, the Township Engineer noted that if you take Irving Street to four lanes it will increase the traffic. With respect to line striping, the Township is responsible for same. Comparing commercial versus residential development, with respect to residential development the Township would maintain the roads, but with respect to commercial development the Township would not maintain the roads. Councilman Atkinson commented that with respect to whatever type of development went in on Irving Street in the area which is designated for rezoning from Limited Use to Medium Residential, the Township road would run parallel to the swale and that the Township would make that a Township road. The Township Engineer noted that a lot of communities are going to condos and that the stormwater and roadways remain private. Councilwoman Hayden indicated that no matter what goes in there, the Township would have to address Irving Street. Councilman Atkinson noted that with respect to new intersections, traffic lights, etc., adjacent to the site, those would be costs to the developer.

The next item listed on the Decision Worksheet under consideration was “Sinkholes (cost to the Township in industrial parks)”. The Township Engineer advised that the Township has an ordinance to require the repair of sinkholes on private property. The only responsibility for the Township is the public roadways.

The next item listed on the Decision Worksheet under considerations was “possible litigation concerning traffic problems”. The Township Attorney commented that any litigation which would arise would be with regard to proper maintenance of traffic facilities for which the Township is responsible, i.e. roadway, traffic lights, etc. Obviously, Attorney Eaton noted if there is a problem and more cars are going through an area, there is a greater possibility that something may occur. However, it is not any different than the risks the Township has now. Primarily, the best course the Township can take is to simply follow through with the upkeep of the Township roads, the Township signal lights, etc. Additionally, the Township has insurance.

The next item on the Decision Worksheet listed under the considerations was “tax revenues”. Councilman Atkinson commented that he does not see that as an issue. He indicated the Township does not need tax revenues from any development which we put on these properties. He noted that there are various studies out there with respect to tax generation. He had looked at articles put out by the Department of Community and Economic Development and he just read an article in the Township News which stated that all residents are net consumers of tax revenues while all commercial entities are net providers of tax revenues. Councilman Atkinson concluded that he does not see the need either way to draw tax revenues. Chairman Paulus commented that without the commercial/industrial facilities in this Township the Township would be a poor Township. He further noted that the reason the Township can give the residents free garbage collection, ambulance service, fire protection, code enforcement officer services, etc., is due to the commercial/industrial base of the Township. Councilman Atkinson noted that when you look at the Catasauqua Area School District from the standpoint of Township students, it is a very small part of the school district. However, this Township provides 78% of the taxes that the school district collects. As I previously discussed with you, the school district’s basis for the design of their new school and improvements to the old school system is a no growth basis. If more residential development comes into play, Councilman Atkinson noted that he felt it would require additions to the school. Councilman Atkinson felt that if residential development in the Township would increase, taxes might need to go up to put in new schools.

The next item on the Decision Worksheet under considerations was: “Quality of Life”. Chairman Paulus opened the discussion by indicating that there has been testimony with respect to the potential for drug trafficking and crime to increase with this potential commercial development. He noted that in the Troxell Street area about 30 years ago when the shopping center wanted to go in he remembered signing a petition in an attempt to stop the development. He indicated he didn’t like the idea of the development but the development went in. Now, Chairman Paulus stated that he looks at things from a Township point of view. The shopping center is a big factor in the Township’s financial base. Chairman Paulus questioned whether or not it affected his quality of life and advised that he did not think so. There is a buffer required between such a facility and the residents in the area. Chairman Paulus compared the Township to running a business, the only difference being that the Township doesn’t make a profit but it has to keep itself solvent. Councilwoman Hayden commented that she felt the quality of life would change no matter what is done with this property. For example, she noted that with residential development, you get more cars, more exhaust, etc. Councilman Atkinson commented that in viewing the property he felt that there is nothing much there that hasn’t been altered over the years. There has been a lot of fill brought into the property. Upon viewing the property, Councilman Atkinson indicated he saw some wildlife, botany, etc. He felt there was nothing significant. He saw some groundhogs, rabbits, and a couple of deer. He also noted that the Township did get a letter from the archeological commission in Harrisburg indicating that there is nothing there of significance. Councilman Atkinson concluded that he did not see much there to preserve.

With respect to the last two items listed on the Decision Worksheet under the considerations; namely, “Security Cost” and “Environmental Considerations”, Council felt that those items have been addressed previously during the course of the meeting.

Councilman Atkinson opened a discussion with respect to some of the statements that have been made during the course of these hearings. For example, he noted that statements had been made with respect to the fact that the Lehigh Valley International Airport has not expanded. The truth of the matter, Mr. Atkinson said, is that they have expanded tremendously. He noted that when he first started on Council many years ago the airport occupied 750 acres of the Township. Through 1986, they acquired more acreage and were up to 900 acres. Now the airport occupies 2,400 acres in Hanover Township. Councilwoman Hayden commented that the airport’s acquisition is in the area north of Race Street and in no way affects the property south of Route 22. Councilman Atkinson advised that the airport, in his opinion, has affected the character of the Township. Councilwoman Hayden stated that is debatable.

Another issue Councilman Atkinson raised with respect to prior statements at meetings was the fact that it was noted that airport traffic is down. Councilwoman Hayden indicated that was untrue and that traffic is up. Councilwoman Hayden also stated that with respect to amending the Comprehensive Plan it is still her feeling that no matter what is done this evening, the Township should have gone through the Comprehensive Plan in its entirety first before the zoning change. With respect to the issue of airport traffic, Councilman Atkinson agreed with Councilwoman Hayden that the passenger traffic at LVIA has definitely gone up. Councilman Williams raised the issue of the tax base from the airport in that a large percentage of their property is tax-exempt. Because of that, the Township has a reason to have concerns over the tax base. Chairman Paulus commented that Lehigh Valley International Airport occupies 54% of Hanover Township.

Councilman Atkinson initiated discussion with respect to residential use versus other uses for the property in question. He noted that when you look at the effect of this proposed rezoning on the total Township it is only .82% of the Township. He indicated that the proposed change of the Witko property to commercial and the limited use property to medium residential would result in a net loss of 22 acres. With respect to the issue of the closing of the Witko Mobile Home Park and the termination of that business, Councilman Atkinson noted that decision was made by the owner. He also noted that in the year 2000 mobile homes made up 22% of our Township; but, in the State of Pennsylvania, mobile homes make up 5%. Chairman Paulus noted that in some of the paperwork it has been alleged that the Township should hang up a no vacancy sign in the Township. He indicated that as he recalls in the developer’s plans the plans include the rezoning of property along North Irving Street from limited use to medium residential. He questioned the Township Manager as to what would be allowed in the medium residential zoning district. Mrs. Pudliner indicated that certain types of residential uses would be allowed to include a mobile home park and a planned neighborhood convenience center would also be allowed. With respect to the issue of traffic improvements, upon questioning by Chairman Paulus the Township Attorney advised that the Township cannot require off-site improvements but that the Pennsylvania Department of Transportation will require same. Chairman Paulus also noted that in his opinion fiscal responsibility is not an issue. Councilman Atkinson noted that with respect to an issue of changing the character of the Township, Attorney Miles had disputed commercial growth of the Township. Mr. Miles had indicated that there is no new retail uses along Airport Road in the Township. However, Councilman Atkinson indicated that all the uses in the area are commercial uses. He noted that the Township Engineer had prepared a list of all the new commercial developments on Airport Road. The Township Engineer also commented that statements had been made that the airport has had no new land development. The Township Engineer advised that the airport has had many new land developments including hangars, the fuel farm, a new fire station, a new terminal building, runway rehabilitation, etc. To say the airport has not expanded since 1995 is incorrect.

There was a discussion with respect to the issue of traffic on Irving Street. With respect to the options available, the Township Engineer noted that you could widen the roadway but that will increase traffic. Mr. Hay stated that people drive on roads at their own level of comfort. The Township Engineer further indicated that with the Agere buildout, the Township will be taking Allentown’s traffic. He felt that matter needed to be looked at. Mr. Hay also noted that the American Parkway coming into the Township cannot be avoided. However, the Township Engineer felt that PennDOT will make the developer look at everything. Councilman Atkinson stated that part of what bothers him is that people are putting too much into a concept plan. The Township Engineer noted that he has read the developer’s traffic study. That study looked at a single access on Airport Road and did not look at an access on North Irving Street. Mr. Hay felt that the study was just incomplete, not flawed. He further noted that in the developer’s traffic study the only D intersection was the light at The Downs.

Councilman Williams opened a discussion with respect to crime indicating that when you have an increase in burglaries it’s usually as a result of residential development. However, he noted that when you have a gathering of people in any situation there is a certain amount of crime which results from same. He stated that the police department is not there all the time to deter crime. He felt that with respect to commercial development, private security should be enforced. Councilwoman Hayden commented that she doesn’t know of any large shopping center without private security forces in place. Councilman Williams stated for the record that he felt that no matter what goes in there you are going to see an increase in crime. He felt it all depends on how you deal with it. He also noted that he felt that you don’t have a better department to deal with crime than the state police. Councilman Kovacs commented that due to the car break-ins at Carmike the state police have a cruiser there all the time. At this point in the meeting, Council proceeded to vote with respect to the items listed under General Business.

Motion: ---I move that Bill No. 2003-05, An Ordinance Amending Chapter 27, Part 16 of the Statutory Code of Hanover Township, the Hanover Township Zoning Map, by Changing a Portion of the Zoning District Located South of Route 22 from a Medium Density Residential to Planned Commercial be adopted as Ordinance No. 441.

Williams, Atkinson: Moved and Seconded
Atkinson, Kovacs, Williams, Paulus: ------- Aye------- Unan.

2.Bill No. 2003-04, An Ordinance Amending Chapter 27, Part 16 of the Statutory Code of Hanover Township, the Hanover Township Zoning Map, by Changing a Portion of the Zoning District Designated Limited Use Along North Irving Street to a Designation of Medium Residential (Review and Discussion)

Motion: ---I move that Bill No. 2003-04, An Ordinance Amending Chapter 27, Part 16 of the Statutory Code of Hanover Township, the Hanover Township Zoning Map, by Changing a Portion of the Zoning District Designated Limited Use Along North Irving Street to a Designation of Medium Residential be adopted as Ordinance No. 442.

Williams, Atkinson: Moved and Seconded
Atkinson, Kovacs, Williams, Paulus: ------- Aye------- Unan.

1. Resolution No. 2003-33, A Resolution Adopting an Amendment to the Comprehensive Plan for Hanover Township, Lehigh County (Review and Discussion)

Motion: ---I move that Resolution No. 2003-33, A Resolution Adopting an Amendment to the Comprehensive Plan for Hanover Township, Lehigh County, be adopted as presented.

Williams, Atkinson: Moved and Seconded
Atkinson, Kovacs, Williams, Paulus: ------- Aye
Hayden: ------- Nay

New Business: None

 

Courtesy of the Floor:

Mr. Jim Smith of the Witko Mobile Home Park addressed the Board at this time. Mr. Smith noted that the Township Council should realize that we are people and he didn’t know how the Board would feel if somebody told them they had to move. He noted that he and his wife had bought their home from Ron Witko. Ron’s father, John Witko, told his family that he could retire there. He was given permission to change things on his property. Thirty-two and half years later Mr. Smith advised he was told he must leave his unit when in 1995 all the tenants of the mobile home park received letters telling us how wonderful the owners thought it was to have us as tenants. We also received a ceramic cup. At the time, Mr. Smith noted, he didn’t realize he might need that cup to beg on the streets. Mr. Smith further stated that he is 84 years old and that he feels the Township is sacrificing men, women and children. He hoped that Council would not regret what they are doing with the shopping center. Mr. Smith finalized his statement by indicating that these people are not trailer trash like you see on TV. Chairman Paulus commented that the Township and this Council is not in a position to save the Witko Mobile Home Park. Chairman Paulus also stated that the Township cannot condemn the Witko property. Mr. Smith countered by indicating that he felt it is immoral to do what you are doing to old people. Attorney Eaton noted that if the Township changed the zoning and Mr. Witko wanted to keep a mobile home park there, he could keep it. Councilman Kovacs indicated that a little over four years ago he walked the mobile home park and had individuals sign a petition for him to run for office. He went into their homes and spoke with various people. Unfortunately, what has been said by our chairman is correct and we cannot tell Mr. Witko what to do with his property. Personally, Councilman Kovacs advised that he feels sorry for the people. On the other hand, Councilman Kovacs noted that originally the mobile home park had 113 homes and their families. Now, there are only 23 who have not left. Things change and people must change with the times. Chairman Paulus noted that when the Board adopted the 1995 Comprehensive Plan the Township looked ahead to the best of its knowledge at that time. The Council never looked ahead in terms of what Mr. Witko would do with his land. The issue of the trailer park business being terminated never came up for discussion.

Mr. Bill Kiss addressed the Board at this time. He advised Council that this is the first time there was an open discussion on these issues but the Board voted on it. It just appeared to Mr. Smith that this is not really an open forum. Mr. Kiss noted that Councilwoman Hayden raised a valid point in that no one had taken the time to review the Comprehensive Plan in its entirety. Council has made statements that no one could have foreseen the sale of the Witko Mobile Home Park. However, Mr. Kiss advised that many individuals put efforts into the planning set forth in the 1995 Comprehensive Plan. Under housing in that plan there are statements that the Township wants to meet the housing needs of future Township residents, to provide separate areas where residential development may occur, and to protect the quality of residential areas from man-made degradation. The last statement Mr. Smith noted in the plan is that it is the intent of the Township to protect residential areas from incompatible uses. Its actions, in Mr. Smith’s opinion, nullified the 1995 Plan’s statements with regard to housing. Mr. Kiss felt that the Board has turned a blind eye in this matter. He felt that the Board did this consciously. In response to Mr. Kiss, Councilman Atkinson indicated that first of all the amount of area we are talking about is 1% of the Township. Secondly, to address the encroachment of uses on residential areas, Councilman Atkinson noted that if you look at the property as it exists, there is commercial on one said and on the other side. The change of the limited use property of the cemetery at the southwestern portion of this tract as a residential use will be a buffer to the other properties on Irving Street. Thirdly, Councilman Atkinson noted that the fact that the airport has acquired so much land in the Township has changed the Township. He noted the American Parkway is a new scenario. Originally, it was suppose to go right up to Route 22 in back of Allendale Apartments. However, with the change in the plans for the American Parkway, Allentown has seen fit to change the zoning of properties along the corridor to commercial. Big changes are going on, Mr. Atkinson stated. We are looking at a 20 year horizon in my mind. Councilman Atkinson also noted that in his opinion he would expect the Township to be fully built out in 20 years. Chairman Paulus stated for the record that when you look at the Comprehensive Plan and what has happened since the 1995 adoption you have to deal with it as it comes.

Ms. Jill Salim approached the Board at this time. Ms. Salim stated for the record that Attorney Donald Miles did an extensive amount of research. She indicated that she believes that Council has done a lot more research. However, Ms. Salim indicated that she supported Attorney Miles’ research as being valid. Unfortunately, Ms. Salim noted that Mr. Miles is not here to represent himself. She advised Council that she has seen people present at these meetings over the last several months. In her opinion, however, there is no way that housing can affect the Township like a big shopping center. Directing her discussion to Councilman Atkinson, Ms. Salim noted that Mr. Atkinson had indicated that he had gone through their area and not seen anything. To say that what the Board has done does not affect our standard of living is not correct. Ms. Salim felt that the Township has taken away from what these people had. Councilwoman Hayden voiced her opinion that the Township Council has not done that. Ms. Salim continued that she thought that the people had rights as it affects what is around them. Councilwoman Hayden indicated that Mr. Witko has the right to use his property for what he sees fit. Even if everyone voted against the proposal, Mr. Witko could still sell that property and it would not be a mobile home park. Ms. Salim advised that the Township Council represents the people and where would the Township be without the people. Chairman Paulus noted that when the “field” area; namely, the property of Mr. Witko, gets sold Ms. Salim does not have any rights with respect to that property. He noted that he had ownership of a piece of property in Potter County some years ago. A developer came in and built all around it. Chairman Paulus advised that he sold that land. He further indicated that the Township Council cannot do anything about Mr. Witko. When his lawyer came here three months ago and indicated that the park business was being terminated and that the property would be sold the matter was out of the Township’s hands. Mr. Smith voiced his opinion that he hoped that the Township wasn’t going to grant the developer some sort of status as being tax-free for a number of years. Chairman Paulus indicated that in his opinion that would not occur.

Councilman Atkinson questioned Mr. Witko who was present at the meeting as to whether or not he was every approached by individuals from the mobile home park to keep Witko Mobile Home Park. Mr. Ron Witko indicated absolutely not and that he had never even talked to Attorney Donald Miles.

With respect to Attorney Donald Miles, Council noted that he had provided them with a statement of his position which had been reviewed by the Board during their discussions and that same would be part of the record.

Mr. Joseph Feskanin approached the Board and advised that he had asked Council to allow him to participate in this decision. He indicated that his position was clearly outlined in the paperwork submitted to the Board at the last meeting. He indicated that he had wanted to participate in the decision-making process. He didn’t feel that was too much to ask. In reviewing the results of your analysis, Mr. Feskanin noted that Chairman Paulus had said that he does not know what is going to happen in the next 30 years. If the Board will recall, Mr. Feskanin indicated that he submitted a preliminary budget analysis request for a three year period. To his knowledge, he has not received anything and is not aware if anything was done. Mr. Feskanin continued by addressing the analysis of 3,000 cars versus 2,000 cars. That analysis makes it appear that the development would require less parking than on the east side of Airport Road. However, Mr. Feskanin noted that the parking on the east side of Airport Road runs the entire length of Airport Road. Those properties have access at many more points on the roadway than the proposed development will have. By your own admission, Mr. Feskanin stated, the Township has indicated that there is no need for additional revenue at this time and the Board has not given Township residents the opportunity to look at any future revenue generation. Mr. Feskanin also noted that there is a map which exists at the County level which raises questions to him as to whether or not the Board should have considered wetlands in their review. Mr. Feskanin continued by indicating that he applauds Councilwoman Hayden for her decision to wait and analyze things. He noted that he is still open to discuss these issues and that he has been very supportive of the government. If the work on North Irving Street is to be done by the developer it better be done good. Mr. Feskanin advised that he will personally bring before the Board all the engineering forces he is capable of supplying to analyze the situation. Councilwoman Hayden advised Mr. Feskanin that the Township will not do anything different on Irving Street than they have done anywhere else in the Township and that she is sure the rest of the Board agrees with her. Mr. Feskanin noted that the Township Council had been given the opportunity to do the right thing this evening by changing the views of many people who are skeptical of government office. He noted that he is sure that the eyes of many others will be on this Township as this development proceeds. Councilwoman Hayden advised that she thinks it is unfair to criticize the character of the Township Council. Even though other Board members may differ from her opinion on these issues doesn’t make them any less dedicated or devoted than she herself. Mr. Feskanin indicated that he had only asked to work with the Township on an informal basis and that did not occur. Chairman Paulus asked how that would occur. Mr. Feskanin indicated by simply getting together with the people. Chairman Paulus advised that in his opinion the Board had done everything legally, had tried to address everything that was brought up, and that the residents here were part of that process during the past meetings. Councilwoman Hayden told Mr. Feskanin that the Township will soon be starting their Budget hearings and that if he is interested he should attend those meetings. Additionally, Councilwoman Hayden advised Mr. Feskanin that Council meets the first and third Wednesday of each month and that all those meetings are open to the public.

Mr. Feskanin asked if Council could have met for further exchange with the public. Township Attorney responded that the Council has the opportunity to extend this meeting as long as it wishes. The Township could have a discussion and then allow everybody to respond and keep going on and on. The general procedure is to provide an opportunity for the public to make their presentation before the Planning Commission and solicit comments from surrounding municipalities and have a public hearing and at some point Council has to sit down and make a determination. There are different ways to do that. I think the way the Council proceeded is the most common way. They could continue to have meetings, solicit public participation, developer participation, etc. Councilwoman Hayden noted that eventually and ultimately the Council has to make a decision. Attorney Eaton commented that all he knows from the statements made at the public meetings is that the Township Council was impressed with all the information presented to them. They had a full plate of information before them. However, all the discussions were conducted at public meetings not outside of public meetings. Councilman Kovacs noted that 95% to 98% of the information they are hearing is repetitious. Mr. Feskanin went on to indicate to Council that he had provided Council with information and that he never received a response. Councilman Atkinson questioned Mr. Feskanin as to what more detail he wished to discuss. Mr. Feskanin answered that the Board never asked. Mr. Feskanin questioned Council as to whether or not they are willing to work with a group of residents regarding this matter. Chairman Paulus answered that the Township will have meetings upon meetings when the development of this property occurs and Mr. Feskanin is welcome to attend those meetings.

Mr. Wayne Fruttenberger took the floor at this time. He advised Council that although the decision has been made he had some things with which he did not agree. Addressing Councilwoman Hayden, Mr. Fruttenberger indicated to her that she had said that she had no problem with Mr. Witko selling his land. Councilwoman Hayden responded that Mr. Witko has the right under the Constitution to do with his land what he sees fit. Mr. Fruttenberger noted that when he moved into the mobile home park nobody told him who owned the land had the right to sell it right from under him. Mr. Fruttenberger said that somewhere he read that Mr. Witko wants to reclaim his real property. I am one of the residents of the mobile home park who has a 1978 home. Current value is about $10,000 and I owe about $3,000 on it. Mr. Fruttenberger continued by advising the Board that for himself he doesn’t care if Mr. Witko sells his land. He does care about him having to shoulder the loss. He noted that if he had a new trailer he could move it elsewhere. Because of the fact that he has an old trailer, Mr. Fruttenberger indicated that he can’t move it and he can’t give it away. Councilman Kovacs questioned Mr. Fruttenberger as to whether or not he felt Mr. Witko should reimburse him for his loss. Mr. Fruttenberger indicated that someone should reimburse him for what is being done here. Councilman Kovacs commented that before he moved into Hanover Township he lived in an area that was industrial. Industrial facilities moved in. They literally drove us out of there. I incurred a loss and that is just the way it is. Mr. Kovacs commented that times change and you change with the times. Mr. Fruttenberger commented that he could afford to lose his trailer. It is not going to break the bank he stated. However, Mr. Fruttenberger felt that does not mean that there is not something wrong with what is happening here. He suggested that maybe trailer park owners should be required to put up a sign to advise people that they should keep in mind that the ground underneath can be taken away at the owners discretion. Mr. Fruttenberger stated that there is something wrong with the people not being compensated. He felt there should be a Pennsylvania law regarding the owner putting up a sign such as noted above before anyone makes an investment. Chairman Paulus noted that if you are living in a big apartment complex and the apartment owner says he is selling the business and tells you to move you have to move. Councilman Williams noted that in New York City there are instances where the owner indicates he is going to sell the apartments. You either buy your unit for about $700,000 or you have to move. He noted that if you don’t own the property it is a very hard thing.

Mr. Chet Slaska addressed the Board at this time. He noted that the Township adopted a 1995 Comprehensive Plan which was developed with the Township in conjunction with the Lehigh Valley Planning Commission. The plan supported planning growth. Mr. Slaska acknowledged that if the Township desires to make a change with the plan then the plan is changed. Mr. Slaska also acknowledged that he is a traffic layman. He noted that he does not have the expertise. The Township does have an attorney present and the Township has a Township Engineer to make technical recommendations. He advised Council that he felt that the Township has a very complex problem with the traffic. He noted that he suspects cynicism here. He noted there has been talk about 15,000 additional cars. He indicated to the Board that he felt there is a complex problem but we don’t have complex expertise. He noted that when the Township Engineer was asked about the drainage issues he indicated that acceptable changes can be made for a new development. However, Mr. Slaska indicated with respect to the traffic issues Council has said they cannot make predictions. He noted that the state requires a traffic study and the Township will require a traffic study when the development is presented. The traffic study was presented to the Lehigh Valley Planning Commission but not to the Township Council. Perhaps the traffic study is not flawed Mr. Slaska indicated, but it is incomplete. Mr. Slaska continued by saying that with respect to this proposed development one of the points of access had been left out. He again reminded the Board that the State of Michigan report which he had provided them should be reviewed. The one thing that was emphasized in that study is that before a zoning change there should be a traffic study. The report goes on to list the people who should be involved. Councilman Atkinson commented that with respect to the issue of stormwater the impervious surface for residential and commercial development are the same; namely, 75%. You should have the same amount of water runoff. With regard to traffic, Councilman Atkinson noted that there will be a complete traffic study and a complete drainage study by the developer. He further noted that the traffic study by the developer to date was done early on but that a complete analysis with respect to a traffic study will be done by the developer when they are seeking land development approval. Additionally, at that time, they will know exactly what the building size is, etc. and they will be in a position to do a detailed traffic study. Mr. Slaska questioned what the worst case scenario would be and Councilman Atkinson noted that he felt that would be only one point of ingress and egress. The Township Engineer commented that with respect to residential use same usually generates less traffic, but the peak residential is higher as a result of individuals leaving for work and coming home from work. Mr. Slaska commented that research with respect to traffic has convinced him that residential uses by far generate less traffic than commercial uses.

At this point in the meeting, Mr. Skip Keim approached the Board. He indicated to Council he felt that changing the zoning conflicts with the Township’s Comprehensive Plan. He indicated that for his neighborhood it is not amusing. He continued that they have an existing neighborhood and their streets are quiet. The traffic that will be generated by this development will be extensive. Mr. Keim advised that he takes offense at the way this Township came to this decision. He advised the Board that he felt that this decision is not in the best interest of the residents of the Township. He challenged Councilman Atkinson with respect to his statement regarding residents being tax consumers. He challenged Councilman Atkinson with respect to his statements regarding the fact that the Catasauqua Area School District cannot handle more students. Actually, Mr. Keim felt that the Catasauqua Area School District is losing students. He felt that the pursuit of this development is the worst thing that could happen to the Township. He advised Council that they should go back and change all the objectives that they stated in their Comprehensive Plan. Councilman Atkinson noted that he has checked the statistics and the Catasauqua Area School District had three students coming out of the Witko Mobile Home Park. Mr. Keim noted that the Allendale Apartments markets their property as country living. He questioned Council as to what was going to happen when this development is allowed. He advised Council that in his opinion Council looks at the residents as a liability.

Mr. Joseph Feskanin questioned whether or not there is any baseline data in the Township records about the Allendale Swale. There was no clear cut answer provided to his question. The Township Engineer, however, did comment that the law provides for the developer to control the water from his site. They have to calculate predevelopment flows and post-development flows and the Township Engineer reviews those calculations. He advised that he had some preliminary discussions with the engineers for the developer but has not seen any calculations. Councilman Atkinson questioned whether or not that would depend upon the actual footprint.

Mr. Leo Keim approached the Board at this time and questioned the Board as to what was actually changed in the Comprehensive Plan. The Township Attorney indicated that there were changes to descriptive parts of the plan that related to these particular tracts. There were also changes to the traffic map which showed some of the changes since the last Comprehensive Plan and changes to the population table taking into account the 2000 Census since the last Comprehensive Plan. Mr. Keim stated that in his opinion this amendment took place rather fast. He stated that he felt this developer came in here and the developer takes precedence over the people in the Township. Mr. Keim noted that Council had indicated that this project will provide more revenues for the Catasauqua Area School District. Councilman Atkinson noted that any kind of development would bring in more money.

At this point in the meeting, Mr. Richard Sunny approached the Board. He advised Council that he feels for these people. He indicated that he lives next to the Carmike Cinemas facility. He advised that his parents live in the Mobile Home Park. He noted that he just lost his job the other day. He further indicated that he agrees that Mr. Witko has the right to do what he wants with his property. However, Mr. Sunny felt that Mr. Witko should compensate the people. He further indicated that if his parents didn’t have the best trailer in the park he would be surprised. He indicated that Mr. Witko knows which house it is. He further indicated that Mr. Witko’s father told them that they could be there forever. Now, Mr. Witko wants to sell and Mr. Sunny indicated that he doesn’t know what he is going to do with his parents. Mr. Joseph Feskanin questioned the Township Attorney as to why at prior meetings a court stenographer was present but no court stenographer was present at this meeting. The Township Attorney indicated that the previous meetings were public hearings with public input. He further noted that normally the Township does not have a court stenographer at its meetings, but it was done in this instance so that the Council could have a record of the required public hearings. Mr. Feskanin questioned whether there will be a record of this meeting and the Township Manager indicated that there would be written minutes of these proceedings.

Adjournment:

Motion: ---I move we adjourn this meeting of the Hanover Township Council at 9:55 P.M.

Hayden, Kovacs: Moved and Seconded
Atkinson, Hayden, Kovacs, Williams, Paulus: ------- Aye ------- Unan.

Respectfully submitted,

Sandra A. Pudliner
Township Manager