Lenker Estates Hearing

7:00 PM – 7:25 PM 7 present 1 motions

Summary

The Halifax Township Board of Supervisors held a special public hearing on December 8, 2011 to take comment on the Lenker Estates Phase II and III subdivision and land development plan. Four of five supervisors were present — Chairman Kenneth Bechtel, Gary Shultz, Carol Eppley, and Ken Hoover — with Linda Stopfel absent. The brief 25-minute session produced no formal votes on the development; its purpose was to build a public record of concerns before the board considers action at a future regular meeting.

  • Stormwater concerns from adjoining property owner: Attorney Kathleen Gingrich spoke on behalf of neighbor Michael Sweigard, whose property adjoins Lenker Estates, raising concerns about stormwater runoff from the proposed phases. She reported that Sweigard and developer Lenker are in negotiations and "cautiously optimistic" the issues can be resolved privately, but formally reserved all of Sweigard's legal rights — stating his lack of opposition at this hearing does not waive any claims.
  • Undersized lots flagged: Resident Norma Shearer raised concerns about lots 103, 104, and 105 being undersized. The developer's engineer explained the lots shifted due to the new retention pond location. Solicitor Bruce Warshawsky directed that those lots must be formally marked as substandard on the plan.
  • Developer agreement to be amended: Solicitor Warshawsky indicated the Real Estate Developer Agreement, originally executed between Lenker and the township in October 2011, can be amended to reflect the lot corrections and keep the project on track.
  • Boundary errors being corrected: Attorney Silver acknowledged boundary errors on the plan and confirmed corrections are underway.
  • Planning Commission review confirmed: Planning Commission member Steve Sipe confirmed the plan was reviewed at the December 5 commission meeting, and Engineer Tom Wilson noted that Commission Chairman Fred Ford visited his office beforehand to review the plan in detail.
  • Target date set for board action: The solicitor stated the goal is to place Lenker Estates on the January 9, 2012 regular meeting agenda, contingent on the township engineer completing his review.
  • Jim Eppley disclosed personal involvement: Jim Eppley stated for the record that he is personally working with Sweigard, Lenker, and Silver on the matter — a notable disclosure given that Supervisor Carol Eppley, who will vote on the plan, is his wife.

Who was there

Kenneth Bechtel (Chairman/Supervisor) · Gary Shultz (Supervisor) · Carol Eppley (Supervisor) · Ken Hoover (Supervisor) · Carolyn Nye (Secretary) · Bruce Warshawsky (Solicitor) · Tom Wilson (Engineer)

Public comments

Kathleen Gingrich, Esquire (on behalf of Mike Sweigard) — Spoke on behalf of adjoining property owner Mike Sweigard regarding storm water impact concerns from Phases II and III. Noted Sweigard is in negotiations with Mr. Lenker and both are cautiously optimistic the issues will be resolved. Stated that Sweigard's lack of opposition at this meeting shall not act as a waiver of his legal rights, remedies, and claims. Requested copies of the Township Engineer's current and revised comments on the plan.
Norma Shearer — Asked whether the Planning Commission reviewed the plan; confirmed it was reviewed at the December 5 Planning Commission Meeting and that Chairman Fred Ford had visited the engineer's office beforehand. Raised concerns about a boundary issue (noted as being corrected) and undersized lots 103, 104, and 105. Engineer Snyder indicated lots were shifted due to the new retention pond location; Solicitor stated the lots must be marked as substandard and that the Real Estate Developer Agreement can be amended to reflect corrections. Solicitor noted the goal is to place the matter on the January 9 Board meeting agenda pending Engineer review.
Jim Eppley — Stated he is working with Mr. Sweigard, Mr. Lenker, and Mr. Silver and had no further public comment.

Meeting business

PURPOSE / INTRODUCTION

Lenker Estates Phase II and III Plan and Developer Agreement

Attorney Silver introduced exhibits including a full set of Final Subdivision/Land Development Plan for Lenker Estates Phase II and III, a copy of the Real Estate Developer Agreement executed between Mr. Lenker and the Township in October 2011, and an addendum to the Storm Water Management Plan. Solicitor Warshawsky noted the red-dotted documents are not to be photographed or removed from the Township building. Kathleen Gingrich, Esquire, was also present as counsel for Michael Sweigard.

subdivisionland-developmentstormwater

PUBLIC COMMENT

Public Comment on Lenker Estates Phase II and III

Most attendees offered no comment. Kathleen Gingrich spoke on behalf of Michael Sweigard, whose property adjoins Lenker Estates, expressing concern about storm water impact; she noted Sweigard and DONCO are in negotiations and he reserves all legal rights if unresolved. Norma Shearer asked about Planning Commission review (confirmed by Steve Sipe for December 5) and raised issues with boundary errors and undersized lots 103, 104, and 105, which Engineer Snyder said were shifted due to the new retention pond location. Solicitor Warshawsky indicated the lots need to be marked as substandard, the Developer Agreement can be amended, and the goal is to place this on the January 9th Board meeting agenda pending engineer review.

subdivisionstormwaterland-development

ADJOURNMENT

Motion to Adjourn

Supervisor Hoover moved to adjourn at 7:25 p.m., seconded by Supervisor Shultz; motion carried 4-0.

4-0 Motion to adjourn at 7:25 p.m.
Moved by Supervisor Hoover

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