At East Allen Township’s meeting April 11, Solicitor Joseph Piperato announced that the local judge has ruled against the township in its effort to force compliance with an existing zoning regulation.

For the approved warehouse at the corner of Airport Road and Route 329, the developer argued before the zoning hearing board that the generally accepted height for modern warehouse operations is 48 feet. The zoning hearing board agreed with the developer and issued a variance.

The township went to court arguing that the zoning ordinance limited building height in the township to 36 feet, and the township wished to enforce the ordinance.

In the latest ruling, the judge ruled against the township and reaffirmed the zoning hearing board’s variance.

Resident Mark Lilly asked for clarification on how this happened.

“The zoning hearing board and the planning commission are appointed by the supervisors and should uphold the ordinances,” he said.

Piperato was quick to point out differences.

“The zoning hearing board is a completely independent body and makes legally binding decisions,” Piperato said. “The township can present its arguments before the zoning hearing board, and we did in this case. But the zoning hearing board is not bound by the township’s request,” he said.

The planning commission, Piperato explained, is appointed by the board, and its members make recommendations to the supervisors. The board can accept or reject their recommendations.

Township Engineer James Milot presented the supervisors with options for Debra Court. The street is a cul-de-sac with a large turning radius and needs to be repaired. Milot’s options included having the street revert to private use, reducing the size of the turning radius or creating a “hammerhead” roadway that would require delivery vehicles to make a K turn to exit. Property owners need to be involved in the decision.

Milot was apprised of a new dilemma. Annie Jones offered a detailed account of problems she and her husband encountered with sinkholes in the Hanover Oaks, formerly Valley View Estates. She went into detail about their problems and the lack of success they have had in getting information. Jones contends that the builder knew of potential sinkholes in the area and failed to inform the homeowners. Milot contends that all action taken by the developer, his geologists and subcontractors met all requirements. According to Jones, Earth Engineering did the assessment for the property and identified nine problem sites, one of which is the property she purchased.

Jones is seeking documentation to see what remediation steps were taken and who approved the plan. She contends that no remediation was taken. Milot responded that the permits would not be approved unless the site was remediated. Jones countered that no occupancy permit was issued. She is unable to get insurance on the home because of the sinkhole and depression in the property. Jones claims the home is sinking because of the unstable ground.

The township offered to provide any and all documents concerning the development.

Township Manager Brent Green indicated that David Jaindl is tentatively scheduled for a presentation before East Allen Township May 9. He emphasized the date was tentative. Expect further clarification after the township’s regular meeting later this month.