UNT Supervisors vote “NO” on Chrin’s request to Change Zoning

Upper Nazareth Supervisor’s meeting – December 6, 2023

ANNOUNCEMENTS

There is an opening on the Recreation Board. Residents who’d like to serve should send a Letter of Interest to the Township Office. A vote will be taken during the Reorganization Meeting on January 2nd.

PUBLIC HEARING

Kerry Wrobel from Lehigh Valley Investment Park, Inc (LVIP) presented a proposal for a six-building Industrial Park in the plot next to the Intermediate School. Members of the Chrin Trust, which owns the land, also attended including their attorney Mark Kaplan. Gary Asteak informed everyone that the decision to change the zoning was completely discretionary by the Board.

Mr. Wrobel showed a map encompassing 92 acres (50 acres in UNT, 42 in Palmer Township) but only presented the plans for the UNT section. LVIP is a 501c6 organization which develops Industrial Parks in the area. They acquire land, secure approvals and install roads and utilities. LVIP does not own the buildings; businesses put up the buildings. LVIP is solely responsible for which business go in.

Mr. Wrobel talked incessantly about the Industrial Park on Emrick Blvd, to show the quality of their work. He explained that this new Industrial Park would be in a cul-de-sac off of Tatamy Road, would include six lots, (at the presentation to the NASD school board, he showed a map with seven buildings), and would be 25% the size of the development on Emrick Blvd.

Mr. Wrobel claimed that the only traffic which the Industrial Park would add to Tatamy Road would be from employees driving to work. The plans include adding a traffic light with left hand turn lanes for trucks, aligned with the entrance to the asphalt plant.

He also said this design is compatible with schools, citing Centennial School and the LV Regional Academy which are in or adjacent to other LVIP parks, as well as being compatible with neighborhoods.

For safety, a six-foot chain link fence will be installed around the facility and Mr. Wrobel claimed that the Park will only use the primary exit onto Tatamy Road. An emergency exit gate will be located in the back near the NASD maintenance building, secured with a lock. Only the Fire Chief will have the key/code to the gate and unlocking it will require a physical act.

(Editor’s Note: Farmview Residents, who are well acquainted with NASD’s failure over the past 25 years to police the gate at 4th Street, expressed a large amount of skepticism).

As to the question of noise, Mr. Wrobel claimed that LVIP’s covenants govern noise and there will be no noise past the property’s boundaries.

At the end of his presentation, Mr. Wrobel said that, should the Supervisors turn down the proposed development, Chri would install 400 residences on the property: 60 apartments (5 buildings with 12 units each), 214 townhomes and 73 mobile homes.

When asked if Chrin were granted the rezoning if they could change to a new development partner, he admitted that they probably could.

Brian Sayago asked about flooding concerns. Answer – stormwater is to be captured and piped to the Schoeneck creek and Mr. Wrobel claimed his 2 geo-tech engineers are not concerned about the sinkholes in the area.

Mike Rinker asked about plans for mobile homes. Chrin’s attorney, Mr. Kaplan, said that the company has not been able to get an answer from Palmer Township on the adjacent lot and is hoping that a positive reaction from UNT will force Palmer to say ‘yes.’ He also reported that the parcel in Palmer is zoned agricultural.

Robert Disbrow asked about the 1999 explosion at Concept Sciences which was in an LVIP Industrial Park. Mr. Wrobel said that LVIP no longer allows heavy industrial uses.

Scott Sylvainus asked about outside activities being allowed. Mr. Wrobel said that operations are not allowed to be conducted outside of the buildings.

PUBLIC COMMENT

A Silo Circle resident, whose backyard is adjacent to the property, spoke about the 1999 explosion at Concept Sciences and the effects of the smoke and damage to other buildings which included a daycare. She said this Industrial Park is next to a school and the township will have no say on which businesses are approved. She wanted to know if all workers will be vetted and chided the township for not notifying all of the parents of NAIS parents about this proposal.

I pointed out that this area has a long history of sinkholes and some of the biggest ones had been reported on this plot. I brought pictures of the sinkholes in the field next to the Amazon warehouse in September 2021 and reminded the Supervisors that Tatamy Road had been closed for three months that year. This had caused a great deal of inconvenience to the public as had the closure of Hollo Road in 2022 when a sinkhole developed under a bridge. And residents had lost access to Van Buren Road when a sinkhole took out a culvert in July. In September, a Farmview resident requested that the Supervisors purchase his house and use the land to put in a detention pond because he couldn’t sell it, not with its history of flooding in the basement. That house is right down the road from the proposed development.

A 5th Street resident claimed that Farmview Estates saw a rise in crime when the Amazon warehouse went in and expressed concerns about the businesses and their customers using the 4th street gate as a shortcut.

A 4th Street resident said the School District doesn’t maintain the 4th Street gate at all and the neighborhood has become a thru-way for tractor trailers, commercial traffic, parent traffic and other vehicles.

A resident, who sold his property on Gun Club Road when the township approved the installation of a warehouse there, said this whole problem was caused by zoning and that he could climb a six-foot fence in under six seconds.

A 5th Street resident pointed out that “creeps can live in townhomes” and that “Chrin will act to screw us.” In answer to a question asked about height restrictions, Mr. Wrobel said that height restrictions are in place and that there will be no involvement from the Board of Supervisors on which businesses go in.

A resident from Heather Lane said he has grandkids in the school and pointed out that one of LVIP’s tenants makes anesthesia and another makes spices which has released strong odors into the area. Also, he reported a sulfuric acid spill at another property. St. Luke’s has a Behavioral Health facility at one of the Industrial Parks and there have been problems in that area. Mr. Wrobel claimed LVIP would not allow a behavioral unit or anesthesia or spices at the park on Tatamy Road.

A Tatamy Road resident complained about the potential increase in traffic, expressed concern about the sinkholes and asked how many jobs the Industrial Park would produce. Answer: at least 10 jobs per acre; 240 jobs minimum. She reported that, in NJ where she used to live, the municipality changed the zoning on a property which suffered from a garlic oil spill soon afterwards.

A Farmview Road resident asked if the developer would have to close down Tatamy Road in order to widen it. Mr. Wrobel said they planned to keep it open during construction.

Bill Bartlett, Supervisor Elect, said the change in zoning would allow up to 70% of the land to be paved over instead of 50%. While development is important to the township, there is inherent risk with any change. This area has Karst geology and any soil disruption could have unpredictable and long-ranging effects. The current zoning would cover less of the land with a non-permeable surface and that would produce less risk.

In response to a question, Scott Sylvainus said that the development’s roads would be maintained by the township.

A resident on Tatamy Road said that all the parks Mr. Wrobel discussed have large roads with 2 lanes on each side. Widening the road would disrupt the natural flow of water. She asked if Chrin would condemn private property to widen the road. Mr. Kaplan said they wouldn’t.

A 5th Street resident asked if the development would include restaurants, hotels or treatment centers and was told ‘no.’

A 1st Street resident asked about LVIP’s vacancy rates and said that, during the debate about building a casino/racetrack in the area, the Board of Supervisors had promised that all industrial development would stop at the railroad tracks. He asked the Supervisors to honor that promise.

A resident from Hopewell Drive asked how many tractor trailer bays each building would have and was told ‘three.’ He pointed out that the development could get bigger if Palmer develops its section and said that the scope of the project, as presented, wasn’t complete.

A 2nd Street resident complained that the notification sign in front of the property could only be seen by people exiting the quarry and claimed that 24% of the people who work in the local warehouses are sexual predators. Gary Asteak perked up to ask where this statistic came from and was told it was on a PA Sexual Offenders website.

A 4th Street resident worries that, with the increase in traffic, that Farmview Estates will be used as a shortcut and said the community’s quality of life is being jeopardized.

In reference to the proposed Emergency Exit, a resident from Silo Circle asked that, should a sinkhole shut down the entrance on Tatamy Road, would that be considered an emergency and would traffic be diverted through the residential area? Mr. Wrobel said that would NOT be considered an emergency.

A Farmview Road resident said he worries there aren’t enough rules to govern the development.

A 4th Street resident said that development has blighted the area and increased pollution. She spoke about B. Braun spewing cancer causing chemicals into the air and talked about regular traffic jams on Route 33. She also called out the developer for using scare tactics on alternative projects and encouraged the Supervisors to “Be better than Palmer.”

Another 4th Street resident complained about the School District’s refusal to maintain the gate to the Intermediate School and said the kids on 4th Street can’t play on their own road.

Another 4th Street resident asked about details of ownership. Answer—LVIP owns the land but the business buys the building. The building can be sold but will be under the same covenants. Any Change of Use requires a permit from the township.

Another 4th Street resident asked if there had been a study done about potential tax revenue from an Industrial Park vs. a residential area. Gary Asteak said tax revenue would not be a factor in the zoning.

A resident from 2nd Street spoke about tractor trailers getting lost in the neighborhood.

Kristin Mullen pointed out that, if the zoning is changed, there is no guarantee that LVIP will be the developer. Mr. Kaplan, attorney for Chrin, suggested tabling the vote. Gary Asteak recommended the Supervisors vote “NO” and have the developer come back with another proposal.

Vote on Ordinance 23-192 about changing the Zoning on this parcel.

  • Robert Disbrow – NO
  • Scott Sylvainus – NO
  • Mike Rinker – NO
  • Kristen Mullen – NO
  • Brian Sayago – No

AND NOW, THE REST OF THE MEETING

Approval of the 2024 General Fund Budget

Approval of the 2024 Real Estate Tax Rate and 2024 Special Library Tax by a vote of 4 to 1 (Disbrow voted against

Approval of Act 511 Taxes

Approval of the 2024 Liquid Fuels Budget

Approval of the 2024 Recreation Budget

Approval of the 2024 Library Budget by a vote of 4 to 1 (Disbrow voted against)

Approval of the Township Manager Employee Agreement which will run from Jan 1, 2024 to Dec. 31, 2025

Approval of the Heritage Village Phases 5 & 6 Amended Plan which changes the flow of traffic and stormwater

Approval of an Extension Request until February 24, 2024 for the Penn Dixie Commercial Park

Approval of an Extension Request until February 8, 2024 for the Keller Subdivision at 3100 Newburg Road

Scott Sylvainus thanked Public Works for building a podium the township can be used at events

Approval to accept a Letter of Resignation from a 15 volunteer on the Recreation Board

ENVIRONMENTAL ACTION COMMITTEE

Approval for Appraisal for Application 2023 -02 by a vote of 3 to 2 (Sylvainus and Disbrow voted against)

Approval for Appraisal for Application 2023-24 by a vote of 4 to 1 (Disbrow voted against)

Becky Bartlett covers these meetings because citizens have a right to know what their government is doing.


Leave a comment