Throughout our 2021 campaign and to the present day, the majority of commissioners, comprised of Hank Llewellyn, Trace Slinkerd, and myself, alongside numerous residents, have steadfastly opposed overdevelopment in the Township. Our primary objective is to preserve the distinctive character of our Township by effectively managing Township property and pursuing legal actions to counteract this imminent threat. To gauge the determination of the Township residents, we have consistently engaged in discussions to gather feedback and garner support.
In our recent gathering, Trace Slinkerd and I convened with a group of residents to address three overdevelopment plans—one approved in 2019 and two disapproved in 2023, currently in litigation—that pose a significant threat to our Township (refer to the “Developments in the Township” article dated May 7th below). If you are unfamiliar with these development sites, take a drive down Pineford Rd from the Halfway House and observe on your right as you approach Kummerer Rd.
The construction visible today, approved by a previous Board of Commissioners in 2019, consists of 143 units and narrowly passed with a three-to-two vote. The three commissioners, Martin Schreiber, France Krazalkovich, and Elwood Taylor, who endorsed this controversial decision and debacle, subsequently lost their reelection bids. The two dissenting votes came from Renee Spaide and Trace Slinkerd. The current construction of 143 units, coupled with the other two plans in litigation, encompasses 79 acres with a total of over 400 houses.
The proponent of these plans or subdivisions is Artisan Construction. The reason for labeling it a debacle is that the developer exploited an ill-conceived Township ordinance (enacted before 2018) that allowed a higher housing density in an area zoned for much less. This ordinance, known as an age-qualifying (AQ) overlay, created an opportunity for developers to build in areas where conventional construction would be restricted. Typically, an AQ overlay favors residents who are over 55.
Recognizing the flaws in this ordinance, the majority of the new Board rescinded it in 2022. The issue arose when it became apparent that the ordinance allowed builders to develop an AQ plan if the plan was 500 ft from Route 100. After the approval of Artisan’s initial plan in 2019, the developer submitted additional plans, asserting compliance with the 500ft requirement by contending that, since the Board approved their first plan, their new plans met the requirement due to adjacent boundaries. Our zoning officer rejected this claim, and our Zoning Hearing Board concurred.
Despite these setbacks, Artisan submitted their plans for approval before the ordinance was rescinded, allowing them grandfathered status and standing in court. Presently, the Township is entangled in an additional ZHB case and three court cases, one at the appellant level, all related to these contentious plans.
In the aforementioned meeting, our specific focus was to inquire whether residents would consider a settlement with Artisan. The proposed settlement involved a reduction in the number of houses in exchange for Board approval, with Artisan agreeing to withdraw their lawsuits. However, the residents rejected the settlement, even with us emphasizing the potential financial burden of a prolonged legal battle. They reiterated their concerns about increased traffic and municipal costs. This sentiment aligns with what we have consistently heard over the past few years, and the majority of the Board shares the resolve to continue fighting, irrespective of the associated legal costs.
Don Read, Commissioner, Upper Pottsgrove Township