Maidencreek Township supervisors have granted conditional use approval to plans for a 930,000-square-foot warehouse at Schaeffer Road and Route 222.
The supervisors voted 2-1 Thursday to grant conditional approval, but not before tacking on 33 conditions to ensure developers follow rules for safety, traffic and environmental health.
The ruling concluded a hearing that has stretched on since November 2022.
In sessions that often ran late into the night, developers were opposed by residents who argued that a warehouse would lower property values, harm the local environment, create unbearable amounts of noise and light pollution, and increase traffic along a dangerous strip of road.
Residents now say they’re unsure if they have the resources to keep up the fight.
‘David and Goliath’
Donald Griest said residents have already encountered financial difficulties hiring experts to build a case that would satisfy legal standards.
“It’s really (about) who can pay the money,” Griest said. “It’s a very discouraging process. It’s David and Goliath, and we found we didn’t have any pebbles to throw.”
More than 20 residents have registered as a party to the proceedings. All parties have 30 days from the issuance of the ruling to appeal.
The 81-acre warehouse plot is owned by developer Maiden Creek Associates, a partnership formed by Steve Wolfson of Wolfson Group Inc., Montgomery County.
Supervisors David Franke and Joshua Meck said they voted yes because a legal review of the plans left them little choice.
“I looked through this very heavily to find a reason to deny it,” Meck said. “We could deny this, and it would go through the court…we would’ve lost.”
He said going that route would’ve cost the township the opportunity to impose its choice of conditions on the project.
Franke said the supervisors have a legal obligation to comply with the evidence and not base their rulings on personal feelings.
“This warehouse is going to affect everybody, but so would a lemonade stand,” Franke said. “We had to look at everything in its totality, the legal ramifications…that’s what made us come up with our decision.”
He said he believes the conditions of approval will protect residents, while also complying with the law.
“We were ready to accept a mall out there,” Franke said. “That didn’t happen because malls are dying now. Warehouses are the biggest thing going, so we can’t refuse just because we don’t want it. We’ve got to base it on the project at hand and meeting the requirements.”
The sole no vote was Supervisor Heidi Fiedler.
Fiedler said she disagreed that developers met the conditions necessary for approval.
“I’ve done my own research too,” she said. “I believe the applicant doesn’t comply with township noise ordinance. We had a township noise expert testify that the applicant’s study was flawed and unreliable.”
In addition, Fiedler said the warehouse plans don’t comply with township stormwater rules, and that a warehouse wouldn’t be compatible with neighboring residential areas.
“This warehouse would have a detrimental impact,” Fiedler said.
The township’s conditions
Conditions the developers must follow according to the approval include:
• Limiting the amount of time a truck can idle on the property to five minutes every hour, and a ban on idling or parking off-site.
• Limiting the height of the warehouse to 60 feet, not including a parapet wall to buffer sound.
• Limiting the amount of noise produced by the warehouse at its property lines to no more than the ambient sound of surrounding areas.
• Requiring a geophysical survey of the property before any blasting, and repairing sinkhole-prone areas that are discovered.
• Requiring the township be reimbursed up to $75,000 for expenses incurred throughout the hearing process.
• Requiring an updated transportation impact study to reflect the traffic generated by anticipated tenants.
• Requiring stormwater facilities, a fire suppression system, and lighting and landscaping plans in accordance with state and local rules.
• Requiring the collection and disposal of trash around the property.
Conditional use approval of the plans does not guarantee final plan approval.
Supervisors will vote on final approval after the plans undergo additional vetting in accordance with state and local laws.
Source: Berkshire mont
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