E. Allen challenged by Rockefeller
At East Allen Township’s meeting June 12, Supervisor Mark Schwartz announced Rock-Lehigh Valley had filed a zoning lawsuit June 7 against the township over property on Willowbrook Road.
The township held a series of meetings over several months to allow residents to voice their opinions on a proposed warehouse along Willowbrook and Weaversville roads. The property is owned by the airport and is zoned agricultural use.
In order for Rock-Lehigh Valley - a subsidiary of Rockefeller Group, the developer - to build the warehouse, the township would need to change the zoning designation.
Residents of the township were adamantly opposed to the warehouse proposal. Township supervisors subsequently voted against any changes to zoning.
Rock-Lehigh Valley had appealed the decision but failed to make necessary appearances for the appeal. The appeal was dropped - until now.
“I thought we had beaten back these attempts to change the zoning, but we are now being sued again,” Schwartz said.
The warehouse project is backed by Lehigh Valley Planning Commission, state representatives and airport officials. Residents remain opposed to the warehouse proposal. Several people attending the meeting voiced their support for the board’s decision and want to see the board stand firm.
Solicitor Joseph Piperato noted with the new filing, the township will need to go through hearings similar to those conducted in the past. Piperato promised to prepare details on what can be said and how it can be presented by residents.
If the prior appeal was dropped, how can Rock-Lehigh Valley come back with new legal action?
Piperato explained that the new action is a causative complaint.
“Our ordinances allow warehouses in certain areas of the township,” he said. “Zoning must include classifications for all potential uses. Rock-Lehigh Valley claims it is building a distribution center, not a warehouse.”
Distribution centers are not explicitly addressed in the zoning ordinance.
Schwartz’s concern is the cost for another legal battle.
“We have better uses for our tax dollars than fighting legal battles,” he said.
In other action, Imperial Realty, owners of property at Airport Road and Route 329 across from the Vertek construction project, attended the meeting to hear the results of their proposal to build a new warehouse on the property.
Council listened to the proposal at a prior meeting and had a list of conditions to consider. The details were not released to the owners until the day before the meeting. Imperial Realty asked for an extension to examine the conditions. The board granted the extension.
Chairman Roger Unangst expressed his concern at a prior meeting that the new project will displace established small businesses that have occupied the property for years. George Hershman, owner of a small business that will be displaced, echoed the chair’s concern.
Schwartz emphasized that Imperial Realty’s property is zoned for the proposed use. Supervisors cannot unreasonably restrict the property’s new use.