NORTH WHITEHALL TWP., Pa. — Developers proposing a car wash in North Whitehall Township will have to dig up some records for the project to progress.
The township planning commission reviewed a proposal for Kornfeind Car Wash, slated for 2228 Old Post Road.
Backers already received a special exception letting the project move into land development, but planners want evidence of a supposed deal with an adjoining property prior to a zoning hearing board meeting.
The commercially zoned property currently houses the Kornfeind Market and has seen approval for other projects in the past.
“There are a few different uses on the site as part of the overall commercial shopping center use," township planner Kevin Murphy said.
"These include a grocery store, restaurants; previously, the site was given approval for a small apartment building. They have not withdrawn this approval yet, as they are not required to, until they move to get approval from the Board of Supervisors.”
A missing agreement
But a point of contention popped up early in the discussion, when planners and administrators requesting official documentation for an agreement between Joe Kornfeind and the former owner of an adjoining property.
“There's been discussion about an existing agreement between the Kornfeind’s apartment and the Timber Ridge development to allow stormwater to be collected and conveyed into the stormwater management system for Timber Ridge,” Township Engineer Steve Gitch said.
“However, despite the township looking through their files, they were not able to locate this agreement. So again, we just need to know that that agreement is in place, and I guess the actual language needs to be looked at by the township.
"So again, I honestly thought at one point in time that an agreement had been submitted to the township, but we don't have a copy.”
Attorney Steve Pany, presenting the Kornfeinds, said the agreement was hashed out in 1994 between Joe Kornfeind and Earl Nuss.
“The Kornfeinds entered into one agreement with Nuss for two things: one, 1,100 gallons per day of sewage allotment, and two, stormwater management to build out 80% of the site, because 80% coverage was the maximum allowed on this site,” Pany said.
Pany said the agreement, made in 1994, would see Kornfeind paying for the sewage allotment and stormwater management.
“Now there was an agreement," Pany said. "This is back in ‘94 during the planning process. In ‘94 I believe the attorneys… I know the township was given this agreement. I looked briefly in my file for it.
“Obviously I couldn't find it after a brief search, but that has been confirmed through multiple developments at this site. So in 2004 there was a land development for a building addition which was approved but ultimately never constructed.”
According to Pany, the agreement had been active during other proposals for the property, including an April 2016 venture to construct apartments.
'More proof than an allegation'
Board Chairman Brian Horwith expressed concern over a lack of documentation from a legal perspective, which township solicitor Rocco Beltrami expanded upon.
"I would say we definitely need more proof than an allegation that there was an agreement with a deceased person at this point.”North Whitehall Township solicitor Rocco Beltrami
“My other concern is that there's now a new owner of the property that contains the stormwater system into which you're proposing to discharge, and the person that you're alleging this agreement with is now deceased,” Beltrami said.
“So I think we would need a written agreement, and there probably should have been a written agreement of record regarding this.
"But perhaps the situation could be fixed by getting some sort of confirmation from the present owner that they believe they are bound by Leonard Nuss’s agreement with the Kornfeinds.
"Or they are willing to enter into a new agreement to allow the discharge.
"But I would say we definitely need more proof than an allegation that there was an agreement with a deceased person at this point.”
'Have to do a little more research'
Secretary Richard Semmel asked if Pany was putting the “burden on the township to try and find" the agreement, to which Pany said the agreement may have only gone through attorneys without being recorded.
The discussion on that matter ended with Beltrami asking whether the Kornfeinds would be open to an agreement that would not hold the township responsible to any claims from a third party related to discharge into the basin.
“We’re going to have to do a little more research,” Beltrami said.
Commissioners also requested updated information from the state Transportation Department regarding anticipated trips to the location and signage for traffic going through the facility.
Fire Code Administrator Jim Steward raised questions on the width of an access road to the premises. Eventually, Pany said it could be adjusted as needed.
Pany ultimately asked for a waiver request to extend submission deadlines for a resubmission to Friday, Aug. 29, which was granted.
