At Whitehall Township Board of Commissioners regular meeting Feb. 12, township Solicitor Charles Fonzone temporarily delayed an application for a conditional use permit submitted by DVS Enterprises Inc.

DVS Enterprises Inc. has a plan to develop 48 residential apartments in six buildings at 250 N. Second St. in Coplay. A portion of the property, less than 10 percent of the total, is in Whitehall. Attorney Trisha Majumdar represented DVS in the application.

The plan was approved by Coplay Borough and Whitehall Township planning commissions.

Whitehall asked Coplay for assurances that the borough would be the first responders for any issues at the building. Coplay Police Chief Vincent Genovese sent a letter to Whitehall confirming that Coplay would be the first contact. Fonzone said the letter was inadequate because it was not from the legislative body.

Coplay and Whitehall have an existing agreement that they will support and back up police and fire emergencies in either community. Coplay would be notified first because the property has a Coplay address. Emergency 911 calls are broadcast in the open, and municipalities respond based on the code of the primary responder. In similar situations, emergency services of both municipalities get together to develop a response plan.

Fonzone also indicated that Coplay must provide an intermunicipal agreement to shield Whitehall from unspecified liabilities.

Majumdar objected on the basis that the conditional use approval is a zoning issue and should not be delayed because of a disagreement over an intermunicipal agreement. She noted there are numerous instances where a municipal boundary crosses or bisects a property. In Whitehall, there has not been a requirement for any other project with compound municipal boundaries to secure an intermunicipal agreement.

Majumdar pressed for information on what the potential liabilities would be. She was advised to talk to an insurance broker.

Commissioner Joseph Marx asked for some clarity in the matter. The property owner is required to carry insurance on the property. After a limited discussion, the commissioners adjourned to executive session. When they returned, they unanimously approved the conditional use application.

“I think they are still a ways from starting construction,” said Coplay Councilman Charles Sodl after the meeting.

The Lehigh Valley Planning Commission had several concerns. One of the issues is traffic. DVS contended that the addition of 100 cars on Second Street would not have a significant effect on traffic because people would be able to walk to neighborhood services. Sodl disagrees. This and similar details will be addressed when the plan is presented to Coplay.