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Plans move forward in Adams Township

Amherst Village developer agrees to extension

Six items came before the Adams Township Planning Commission Wednesday night during a virtual meeting.

The commission discussed everything from plans for an Indian religious and cultural center to the latest phases for a housing development.

Several proposals came before members of the planning commission at its May meeting.

Amherst Village

Amherst Village Phases 5 through 7 includes 302 single- and multifamily housing units about a mile north of Route 228.

The plan underwent a conditional use hearing with the board of supervisors May 18.

Presenting the plan, Allan Beechey, project manager and senior engineer for Sheffler & Co., explained that an alternative layout could eliminate a cul-de-sac.

While Wednesday night's item was for preliminary approval of land development of 158 acres, Beechey explained the cul-de-sac option to the commission.

“It's just eliminating something,” Beechey said. “None of the infrastructure is dependent (on it).”

The planning commission hesitated to grant preliminary land development approval before the supervisors approved the conditional use application.

Citing township code in a letter sent to Beechey, township engineer Ron Olsen suggested the commission couldn't grant approval before the supervisors.

Beechey disputed the claim. He said the first sentence Olsen used in the letter saying conditional use approval should proceed accessory approvals isn't actually in the township's code.

“Everything (after) that is verbatim,” Beechey said.

The commission asked township solicitor Sean Gallagher to clarify the issue.

Section 192-45 G in the township's zoning code reads: “All development, construction and use shall be in accordance with the approved conditional use plan, unless a revised plan is submitted and approved. The approved plan shall consist of the application for conditional use, together with all its attachments and exhibits, as finally approved by the board of supervisors, and all conditions and stipulations attached by the board. Any development contrary to the approved plan shall constitute a violation of this chapter.”

After reading the zoning code, Gallagher told members of the commission and audience, “You can't move on this plan without this (approval).”

Beechey said the approval extension the commission secured for the plan in November 2019 expired in March.

He argued that because an additional extension wasn't made in the months the commission wasn't meeting due to the pandemic, the preliminary land development was approved by default.

Gallagher said Beechey was welcome to seek legal advice on that point. Beechey said he didn't want to get into litigation.

“I just want the township to be fair,” Beechey said.

Commission Chairman Martin McKinney asked why approval of the subdivision couldn't wait until the board of supervisors voted on the conditional use at the June 22 meeting.

“There's contractual and business matters that are attached to milestones,” Beechey said.

Responding to a request from the commission, developer Chris Kaclik agreed to an extension and a tabling of the preliminary land development.

Chinmaya Mission

The plan for an Indian cultural and religious center along Mars Valencia Road originally came before the township in 2018, when it secured the planning commission's preliminary and final approval.

The plan was resubmitted to the board in May for approval of new revisions. At that time, it was tabled.

The planning commission in May advised Greg Banner, a representative from KEY Environmental, to alert neighbors north of the project site of potential future stormwater problems arising from an 18-inch pipe installed on their property.

While the pipe isn't part of the Chinmaya plan, Olsen said its proximity to a stream across the back of the Chinmaya property might affect drainage.

Banner said a notification letter was mailed to the neighbors May 18.

The commission granted preliminary and final approval of the plan resubmission, which reflects the elimination of parking lot islands and additional parking in the front yard setback.

Whitetail Meadows

A few items surrounding the Whitetail Meadows development along Myoma Road were also discussed.

The commission approved vacating Hespenheide Road, contingent on supervisor approval.

Olsen also suggested paperwork for the revised subdivision plan be cleaned up: Specifically, the paperwork reflected duplicate labels for lot numbers.

“I think that was a drafting error,” Olsen said.

Other Plans

Jonathan Garczewski of Gateway Engineers presented a land development proposal from IMS Systems Inc.

IMS Systems, which was approved for a lot consolidation along Myoma Road and Route 228 in May, wants to build an 8,000-square-foot warehouse on the property.

The commission said the drawings submitted by Gateway Engineers needed to be revised to show adjustments made in May.

Olsen told Garczewski he forgot to note the land development plan needs a bufferyard, per township code. Garczewski said once Gateway Engineers has proof of the requirement, the provision will be added.

Preliminary and final approval was granted, with paperwork revisions and bufferyard plans.

The commission also approved a residential and commercial building at 100 Park Avenue.

A proposal for the Harlan Simons Industrial/Residential plan along Dobson Road was tabled.

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