LOWHILL TWP., Pa. — Lowhill Township may be in more legal trouble.
The township Board of Supervisors voted Thursday to deny the final plan for a warehouse at 2766 Route 100.
- Lowhill Township supervisors denied a final plan for a warehouse owned by Core5 Industrial Partners
- The township is already in litigation with the developer over its denial of a preliminary plan for another warehouse
- Concerns about the plan involve water use, traffic impacts and fire suppression system.
The preliminary plan for the warehouse got approval from the supervisors in June 2022.
The warehouse plan is among three proposed in the 2,000-person township. It's the largest of the three — it would be about 312,000 square feet on 43 acres.
The vote was 2 to 1, with Supervisor George “Buddy” Wessner, Jr. dissenting. He is the owner of one of the properties with a warehouse proposal.
The plan's developer originally was Trammell Crow Co., but the land recently was sold to Core5 Industrial Partners. The current owner is in litigation with the township for its denial of a preliminary plan for a different warehouse.
During the meeting, township officials and residents asked specific questions about the plan’s water use, traffic impacts and fire suppression system.
“Do you want a deemed approval?”Lawyer for Core 5 Industrial Partners Frank D’Amore
Representatives for Core5 Industrial Partners argued that the outstanding concerns were either addressed or related to outside agencies, except for concerns in a letter sent to them two days before the meeting.
“Do you want a deemed approval?” Lawyer Frank D’Amore asked during the discussion.
A “deemed approval” happens when a judge rules that municipal officials did not properly follow the Municipal Planning Code.
A land development plan then would be approved despite the officials’ objections.
'I don't think that was legal'
Supervisor Curtis Dietrich asked most of the questions of the Core5 Industrial Partners representatives.
Dietrich had many apprehensions about the plan, including the design of the stormwater management facilities, traffic control and steep slopes.
One of his main concerns was related to how the development would get water.
The township previously rescinded an agreement with Lehigh County Authority to extend a water line in the area. Dietrich said that's because the township is not prepared for the extension.
“It’s just not good planning to have a water line put into the township without the necessary, proper planning of sewage, and we didn't do that,” Dietrich said.
“I’m not trying to stir any pots here, but I don’t think that was legal, in my opinion,” D’Amore said.
“OK, we’re going to agree to disagree on that,” Dietrich said.
Board Chairman Richard Hughes asked Core5 Industrial Partners Vice President of Investments Paul Pontius whether the plan could have private water.
"That is not something that I am interested in because that affects the value of the property," Pontius said.
In the end, D’Amore identified that as the primary reason he did not think Core 5 Industrial Partners and the supervisors could come to an agreement.
At one point in the meeting, he encouraged the board to take action rather than table the plan, implying the matter would have to be settled in court.
“Why waste time?” D’Amore said.
Township solicitor David Brooman said he expects Core5 Industrial Partners to appeal the township's decision for the second time.
“This is not a grocery store going in, and this is not a sign going up or anything like that. This is something that is going to change the nature of life in this township.”Lowhill resident William Pleban
About a hundred people attended the meeting in person and over Zoom. Many residents spoke during public comment, raising similar concerns to the supervisors regarding the potential negative impact of the development on the township.
Lowhill resident William Pleban said he thinks the concerns need to be raised because of the nature of the development.
“This is not a grocery store going in, and this is not a sign going up or anything like that,” Pleban said. “This is something that is going to change the nature of life in this township.”
Current litigation with Core5
Core5 Industrial Partners had a recent court win when a judge ruled Supervisor Curtis Dietrich was improperly appointed to the board in a case brought forward by the District Attorney’s office.
If the decision stands, that means preliminary plans for Core5 Industrial Partners’ other warehouse at 7503 Kernsville Road were rejected without a quorum. The plan could then be deemed approved by the courts.
Dietrich was soon reappointed to the board, which does not affect whether the plan will be deemed approved or not. He was sworn in at Thursday’s meeting.
Other Lowhill warehouses
The decision follows two other warehouse plan denials late last year, after fierce opposition to the warehouse plans from township residents.
Lowhill supervisors denied a preliminary warehouse plan from developer CRG Services Management LLC’s plan at their Oct. 6 meeting and another from developer Core5 Industrial Partners at a special Nov. 28 meeting.
The township now is in litigation with both Core5 Industrial Partners and CRG Services Management over the plan denials.
But former township Zoning Officer Brian Carl said the warehouses met township zoning ordinances, and developments are very difficult to stop if they do.
The smallest of the three proposed warehouses would be 100,569 square feet on 21 acres at 7503 Kernsville Road, across from the Creative Kids School Age Center. The developer for that property also is Core5 Industrial Partners.
CRG Service Management LLC’s warehouse would be at 2951 Betz Court, just off of Kernsville Road, and take up 299,800 square feet on 51 acres.
