Forks Action Committee
Homepage - Last Day of the Month
April 30, 2007
Residents' Appeal - Spot Zoning - Over For Now

Final (for now):  Round 6 on Monday, April 16th marked the end of this segment of
the residents' spot zoning appeal when the Forks Zoning Hearing Board voted 4:1 to
validate the action of the Board of Supervisors when creating Ordinance 298 as
constitutional.  The lone nay vote was cast by Ron Asteak.  Read more in Courtney
Lomax's Express Times piece and in Madeleine Mathias' article in the Morning Call.  
An appeal by the resident's will be filed.  More on this when it is known.
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Update:  The next round for the spot zoning appeal (grocery use) is set for April
16th at 7:30 PM in the Municipal Building.  Please read Courtney Lomax (Express
Times) and Madeleine Mathias (Morning Call) for coverage of the March 26th session.

And, according to the Express Times (3/27/07) a group of Forks residents has filed an
appeal against the Conditional Use allowing the Weis Market.  The Supervisors
granted the use at their February 15th meeting.  We have no other details at this time.

Update:  The February 26th Zoning Hearing is to be continued on March 26th.  
Attorney Gary Asteak has one more witness to present.  When the ZHB will vote is
anyone's guess.  There has been much testimony for them to consider.  Read
Madeleine Mathias (Morning Call) and Courtney Lomax (Express Times) for recounts
of the night's meeting.
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Update:  On February 15, the Board of Supervisors granted conditional approval to
the Weis Market.  The vote was split 3:2.  Ackerman and Nicholas voted against it.  
Ackerman apologized to the developer saying that he really liked the project and that
his no vote was only because he did not like the right/out turn onto Sullivan Trail.  

A letter was read from attorney (for the residents who filed the appeal) Gary Asteak.  
He suggested that any decision on conditional use was premature because the
zoning appeal of Ordinance 298 is in progress.  Solicitor Kline noted the developers
proceed at their own risk understanding that there is a zoning challenge.  

The Board incorporated the report from traffic expert, Frank Tavani, (see Jan Schott -
The Easton News) into the conditions.  The developer will be required to submit it
along with their own traffic report to PennDot for review.  Tavani is the expert witness
hired by the appellants.  Please read Nixon (Morning Call) and Lomax (Express
Times) for more.
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Round 3 of the residents appeal of Ordinance 298 allowing a big box grocery store in
the Employment Center District was on tap for Monday, January 8 at 7:30 PM. The
appellants rested their case in Round 2.  This night the Township presented its first
witness,  Zoning Officer Tim Weis.  Read the press accounts for details.  Lomax
(Express Times), Nixon (Morning Call) and Georgiou (Easton News - January 11th
link will be provided when available).
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The second hearing session in the residents' appeal of Zoning Ordinance 298 was
held on November 20th.  You can read about it in Courtney Lomax's  (Express Times)
article as well as in Joe Nixon's (Morning Call) piece, both from November 21st.  The
appellants' attorney, Gary Asteak, rested their case.  The Township's side will be
presented at the next session on January 8.
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The opening session of the latest zoning appeal was on October 23.  Attorney Gary
Asteak summarized the case against Forks' newest zoning amendment.  Ordinance
298 allows a  grocery as a conditional use in the Employment Center District.  The
appellants maintain that it constitutes spot zoning.  Courtney Lomax (Express Times)
and Joe Nixon (Morning Call - The link will take you to a scan of the article on the RWC blog.  
The MCall has not published it online.) wrote about it.  Please read their articles for details.
 At least 50 concerned residents were there.  
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An appeal to the zoning ordinance amendment allowing a grocery store in
the Employment Center District has been filed.  Read it HERE!  And, for more, read
Mausolf (Express Times) and Nixon (Morning Call) too.
...................................

There will be an appeal of the Zoning Hearing Board's decision!
Candidates Forum!

Not many residents came to the League of Women Voters candidates forum on April
22nd  but those who did learned quite a bit about the six candidates for Forks
Supervisor - as well as about the issues they consider important.  Probing, issue
oriented questions were asked by the League, the press, and the audience.
............................................
The League of Women Voters is a non-partisan organization.  Before every election,
they produce an invaluable tool for voters, the Voters Guide. A printed version is
published by the Morning Call and should be available soon.  The Guide is already
online at the LoWV's website.   Don't miss it!
............................................
Vote on May 15th!
Click to go to the candidates' page!
On Monday, April 16th, the Zoning Hearing Board (ZHB) ruled against the residents' challenge to Ordinance 298.  The
vote was 4:1 with ZHB member Ron Asteak casting the lone nay vote.  The ZHB was asked to determine whether or not the Board
of Supervisors did anything unconstitutional when they enacted the ordinance allowing another commercial use in the Economic
Center (EC) District.  

Between the ZHB deliberations and the vote, the floor was opened to the audience for comments.  Three audience members were
sworn in:  
  • Resident Charlotte Salkin said that it was her opinion that Supervisors are different after they are elected than when they
    are running for office.  
  • Sandy Hanks, resident and newly appointed member of the Board of Elected Auditors, asked why the Supervisors waited
    for a grocery to come to them instead of the other way around.  
  • Planner (and 2007 BoS Primary Candidate) Erik Chuss said that he was on the subcommittee that helped craft the current
    Comprehensive Plan and that in fact, businesses wanted all the services offered by the grocery - for their employees.  
    Chuss added that at the time, the subcommittee did not envision the services under one roof.  He said that as a member
    of the PC, he voted "no" the first time it was before him.  Traffic and spot zoning were issues.  Chuss explained that spot
    zoning became a non-issue because there are other locations in the EC that suit the conditions imposed in the ordinance.  
    He added that traffic must be addressed.  Chuss said that he felt the process was followed and given due consideration.

According to the newspaper articles, the ZHB ruling will be appealed.  Read Madeleine Mathias (Morning Call) and Courtney
Lomax (Express Times) for more.
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The April 19th Board of Supervisors' full agenda included a vote for the Weis Market final land development plan.  It was
conditionally approved in a 3:2 vote with Supervisors Nicholas and Ackerman dissenting.  Ackerman explained that he likes the
market but does not like its traffic plan for Sullivan Trail. He said that he got calls from residents about the grocery and that more
were in favor of it than against it.  He added that after he explained his traffic concern to them, they were "on the fence."  Please
read Courtney Lomax (Express Times) for more on this issue.

Other meeting news - in brief:
  • There is a PC vacancy coming up because of the resignation of Les Ottenwalder who is retiring from his job and leaving
    the area.  Applications are being accepted now through the end of May.  Interested residents are asked to send their letters
    of interest to Rick Schnaedter, Township Manager.
  • Boy Scout Troop 29 attended the meeting. They are working on their "Citizenship In The Community Badge" (per
    Supervisor Nicholas).
  • Thomas Romphart (sic) was given permission to retrieve his family cornerstone from the (now) Township property on the
    corner of Newlins and Richmond Roads.  
  • A contingent of Forks police officers, Chief Dorney, and Tim Weis attended the funeral of FBI agent and Forks resident,
    Barry Bush.
  • The Recreation Board will replace the park exercise equipment.
  • There is a shortage of sports fields and 10 acres of Township property near the airport will be graded for additional fields.
  • The Board is continuing to investigate a webcam for recording meetings.  Also being explored is broadcast over a public
    access channel.
  • The blinker light for Bushkill and Arndt Roads has been approved for bidding.
  • The PEMA loan for the new fire truck has been approved and awaits setllement with representatives of  the Township,  the
    volunteer fire company, and the State.
  • The Two Rivers Area Council of Government (COG) is entertaining the idea of a COG appeals board.
  • Residents near the Friendly Tavern along the Forks portion of Bushkill Creek addressed the Board with problems that they
    are facing now that Palmer has taken the rail line for a bikepath.  They are victims of theft, paintball damage, and obscene
    gestures - from users of the trail.  They asked the Board which police department to call, Palmer or Forks and were told
    that in matters of criminal activity, Palmer is just another landowner, and Forks police should be called.  They detailed
    flooding issues too.  Their plea to the Board was, "Help us."
  • Another resident asked for help in removing a "cancered out" tree from his property on Bushkill Park Drive and Arndt Road.  
    He said that it will fall on the power lines and on his house and cause considerable damage.  He was advised to contact
    Met-Ed and his homeowners insurer as they may wish to remove the tree rather than incur the expense of repairs.  
  • The new township fee schedule was approved in a 5:0 vote over the objections of a member of the Recreation Board who
    said that the new $20 impact fee (per child - per sport) will be difficult for families with more than one child who each play
    more than one sport.  A family plan was suggested and Supervisor Miller indicated that he may be willing to work out a
    special rate.  
  • The new, tougher stormwater management ordinance was adopted with a 5:0 vote.  
  • The term "ordnance" was clarified as it applies to the Stryker Brigade.  The brigade will store no live ammunition in Forks
    unless there is a state or national emergency.  
  • Because the EAJSA underestimated the percent of Forks' usage in 2004 and 2005, sewer rates to residents will be
    increased from $20 to $25 for the first 8 units and from $3.60 to $4.58 for additional units.  The Board was told (by Finance
    Manager Farley) that 1/3 of Forks residents use only the base usage and therefore will see only a $5 increase per quarter.  
    The Township was recently invoiced over $100,000 for 2004 and 2005 and expects another large bill when the 2006 audit
    is completed.  Forks uses 17% of the sewer plant capacity.
  • The recycling building will not be converted to use as a sign shop because the bids to insulate it were too high.
  • Street lights in Riverview Estates Phase 3A will be activated.
  • The contract for replacing the parking lot security camera was awarded to Hi-Tech (sic) in a 5:0 vote.  Their bid of $3,675
    was lower than the one from ICU ($4,075).
  • Strausser Enterprises has worked out a construction easement agreement with Mr. Soda and intends to begin work on the
    Route 611/Frost Hollow intersection in 45 to 90 days.
  • The Riverview Estates Conditions of Time Extension Resolution vote was tabled until the May 1st meeting because
    Straussers attorney was unable to attend this meeting.
  • There was an Executive Session to discuss the continuing non-uniformed employees contract negotiation as well as the
    uniformed employees contract.  The police department contract is up for renewal this year.  No action was taken.

Please read the FAC blog for more meeting details!  Don't forget to read some of the other posts there... and the Comments too.  
Don't be afraid to join in the discussion(s) and add your own Comments.  
In case any of you wonder how our website and blog are doing lately, here are some graphs to view.  Double click on the
images below for larger views.  We are excited at the traffic we are getting.  Thank you all!  Tell your friends!
Recent Website Visits through 5/5/07
Recent Blog Visits through 5/5/07
On April 5th the Board of Supervisors voted unanimously to hire Mark Roberts as the new Director of Public Works.  
Read Courtney Lomax (Express Times) for more details.  The Board also observed a moment of silence for slain FBI agent and
Township resident, Barry Bush.  

The rest of the meeting - in brief:

  • Forks Community Center is hosting the "Downtown Easton Business Fair" on April 14th from 10-4 PM.  Residents are
    encourage to attend and support the event.
  • The Township is the target of two more suits.  One is against the Conditional Use granted to Weis Market by the Board in
    February and the other is by Kings Mill developers because their by-right plan was rejected by the Board.  Solicitor Kline
    summed it up - one suit alleges that the Township is too easy and the other that it is too tough.  "We must be doing
    something right."  
  • The Township employee Safety Committee has been resurrected.  New Township Manager Schnaedter said that the first
    tasks will be the manual and a facility tour to identify hazards.  
  • The punch list of undone items for the Municipal Complex is now in Schnaedter's hands.  Leaking roofs and inconsistent
    heating/cooling are at the top.
  • Plasterer Equipment submitted the winning $20,000 bid for the old backhoe.
  • The Community Relations Committee has begun work on a new Township Guide.  It is in the formative stages but plans
    are to include an expanded map with the bike/rec trails included!
  • The Emergency Operating Plan is at the top of the Public Safety Committee's list.
  • The newest edition of the Quarterly should arrive in mailboxes in the next week.
  • A resident suggests that Forks follow Emmaus' lead and install a webcam to record meetings and make the videos
    available on the Township website.  In this era of very expensive municipal tables, the $1,000 cost seems very reasonable.
  • The fire department's practice house on the corner of Newlins and Richmond will be razed this summer.
  • The security camera damaged last July may be covered by insurance.  If not, the repair will cost the Township $4,075.
  • The new stormwater management ordinance will be more restrictive and will prohibit building in the 100 year flood plan as
    well as require that developers "look downstream" to the Bushkill and/or the Delaware!

Please read the FAC blog for more meeting details!  Don't forget to read some of the other posts there... and the Comments too.  
Don't be afraid to join in the discussion(s) and add your own Comments.  
Please see the News page for the Planning Commissions April 12th votes and also read Madeleine Mathias' (Morning
Call)  report as well..  The project list on News page contains short, chronological notes of many of the active projects in Forks
since sometime in 2004 - one is even from 2003.  

The Final Land Development for Weis Market (approved) and Phase IV for Riverview Estates (tabled) were on the Planning
Commission agenda on April 12th.  Riverview's Phase IV is for townhouses along Winchester Drive.  Of course, there is more.  
The operative word is "leverage!"  
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