Wednesday, October 23, 2013

October 2013 update



On Tuesday October 22’nd many of us met with attorneys to understand the legal considerations dealing with the proposed Over-55 community to be built on the east side of Overlook Road.

Meeting Take-aways
  • By law, the development of an over 55 community is an allowed ‘Conditional Use,’ and must be approved by the township AS LONG AS IT MEETS CONDITIONS ESTABLISHED BY LAW, AND THE ZONING ORDINANCES OR VARIANCES FROM THE REQUIREMENTS ARE APPROVED BY THE BOARD OF SUPERVISORS. 
  • The developer has proposed and withdrawn three plans to date.  All of those plans do not comply with the legal requirements.  Each will require the Zoning Board and the Board of Supervisors to approve a number of significant variances.
  • The North Whitehall Board of Supervisors are not following the procedure set forth in the ordinance.  The ordinance states that developer must first resolve all differences between their plan and the ordinance or zoning requirements before it is taken to the Board of Supervisors for approval.  In this case, the Township Board of Supervisors is considering holding hearings on the proposed Conditional Use plan before the Zoning Commission resolves the plan’s inconsistencies with the law.  This makes it harder for the existing residents to monitor and understand  what is happening, and convey the impacts that specific zoning variances will have on the communities quality of life and property values.  
  • We can influence this process to our benefit by two actions.  First, show up at the zoning commission and Board of Supervisors meetings and express firmly, but politely, your concerns of how granting variances from the law for this developer will impact you and your property value.  Second, to organize and obtain legal representation to insure that our rights and concerns are considered through the legal process.

What the neighbors are proposing
  • To organize a formal non-profit organization to speak with one voice to the township officials.  As a formal organization we can speak with one firm voice through a legal professional that has the knowledge of the process, and knows how to make our message noticed and understood by officials.  To be of the most benefit, we need to show that the organization speaks for the largest percentage of the local households as possible.
  • By organizing we also can pool our resources.  None of us wants to spend money we don’t have to.  However by spending a limited amount of dollars per household we may be able to limit the impact on the value of all of our houses in the future.
  • First step is organization.  We have established ourselves as the “Friends of Laurel Wood” and obtained a Non Profit Tax number.   We are establishing organization officials as listed below.
  • Second step is to hire legal representation.
  • Third the township has advertised that a meeting of the Board of Supervisors of North Whitehall Township will be held on Monday November 4’th starting at 7:30pm in the Municipal Building room 3256.  Our legal representation will be there to monitor the proceedings and present our view point.  They will also present if necessary specific objections to the various variances requested by the developers.
  • Finally if warranted by the actions of the supervisors on November 4’th the lawyers may file action in Commonwealth Court on November 5’th to force the Board of Supervisors to follow the process prescribed by law.
  • Additional actions will be taken based on how the events unfold.

What should each of us do now?
  • Attend the meeting on November 4.  The more of us there is the louder the voice.
  • Vote on November 5th! Karen Komlos is running for supervisor and expressed her support of the group. 
  • Join the “Friends of Laurel Wood” by returning the attached form and a check to one of the addresses below.  $100 per household is the suggested amount to cover the initial expenses of the actions stated.  This can be in one check, or some now and additional by the end of November.
  • Talk to your neighbors, or organization officers.  Help each other understand the issues and ways to maintain our property values.
  • Talk to the zoning commissioners and the supervisors.  It is important that they understand that we are concerned, and we are carefully watching what they are doing.  The officials will not be able to discuss details with you due to legal requirements, but it is fully acceptable to let them know that we expect them to follow the law and not to grant variances.
  • Please note: In all communications with the public officials and others it is important that we present ourselves as polite reasonable concerned citizens.   It will be easy to dismiss us as a “crank” group if we behave ‘impolitely.’

No comments:

Post a Comment