EASTON, Pa. — Residents packed city hall and tensions were palpable this week at a nearly three-hour Easton City Planning Commission hearing on a proposed million-square-foot warehouse.
Despite the session's length, just one witness from Scannell Properties, the developer behind the warehouse, addressed questions raised by commissioners previously, largely regarding permits and a tributary on the property.
By 11 p.m., commissioners opted to continue the hearing, just as tempers reached a boiling point.
Solicitor Joel Scheer started the hearing explaining it was an opportunity for the developer to address questions and concerns brought up by the commissioners at a May 7 hearing, and to present studies and documentation requested by the staff.
Attorney Marc Kaplin, representing Scannell, started the hearing with an exhaustive review of the development process thus far, detailing time frames for approvals and permits.
But not even half an hour in, questions arose.
When Kaplin said a zoning permit for the project had been approved on Oct. 7, 2024, Scheer stated that it was only valid for six months.
“Is this a correct reading?" Sheer said. "Because you have it highlighted here, that this is null and void, or is the purpose just to indicate that at that time — and nothing’s changed — it meets city zoning?”
Kaplin said it was an indication that the plan still met zoning requirements even if it was out of date.
Attorney Cody Harding later told LehighValleyNews.com subsequent findings since that permit was issued could warrant additional special exceptions or variances.
'There are no concerns'
At one point, Kaplin stated that while the developer had secured approvals from Wilson, third party and other government agencies, the project “has been stymied in recent months due to misinformation, falsehoods and hearsay that has been presented to this commission by a group of residents who vehemently oppose the project.”
“However, because the application complies with all applicable provisions of Easton’s Subdivision and Land Development ordinance, it is our position that the planning commission is obligated to approve the land development application for the proposed development subject only to our obtaining the special exception,” Kaplin said.
Bogia Engineering’s Donald Haas was tapped to review the encroachment on the property’s floodplain to reroute a tributary.
Haas said a hydrology and hydraulics modeling and floodplain analysis report showed the project would have no negative impact on the environment.
“The final proposed conditions will be the same or better than the existing conditions," he said. "There are no concerns for any issues with the floodplain creating any dangers to the public.”
Haas later said the daylighting process would potentially reduce contaminated soil in the water and riparian buffers would help promote local wildlife.
He said the project would not cause adverse environmental impacts, a concern raised at past meetings.
“The only outstanding item we have with the Army Corps [of Engineers] right now is to put up an escrow fund," Haas said.
"And essentially, it's to maintain that stream and make sure that the stream is going to be maintained in the future, so they do not issue their permit until that fund is established.”
Haas said the Army Corps permit usually was granted just before the start of a project, once $200,000 is placed in the escrow account.
'An unbiased decision'
But once commissioners had the opportunity to cross-examine Haas, Kaplin was vocal on numerous questions about the project falling outside Haas’s purview.
Scheer eventually requested the commissioners to limit their questions to the scope of material Haas had addressed to streamline the process.
Commissioner Kim Wagner later asked about updated plans. Wagner said the copies the commissioners were working with were from 2023.
“The people up here have every right to ask questions, and so then you're going to have to deal with our questions..."Easton Planning Commission Chairman Ken Greene
It was clarified that city staff had updated plans on their submission portal, though the commissioners agreed a completed, updated printout would have helped address many of the concerns raised Wednesday.
As Wagner lobbed numerous questions about the project — about fencing, a buffer between the warehouse and resident-accessible areas, the building’s proposed height and more — at Kaplin and Haas, tempers began to flare.
“I really think Ms. Wagner ought to recuse herself," Kaplan said. "There’s no way in the world that you can make an unbiased decision.”
Kaplin at one point called her line of questions a “filibuster.”
Wagner told LehighValleyNews.com that her line of detailed questioning came from her experience in construction, and a responsibility to diligently review plan details.
When Kaplin asked how many more questions Wagner had, she responded, “Well, there are a lot of questions that I'm concerned about.
"Like some things say one thing and another says another. So I just wanted to have it clarified. But they're not that big of a deal, because once I get the plans, some of this stuff might be fixed.”
Kaplin responded by asking why she had not requested plans before, though Etchison said he recalled requesting those very plans at a prior meeting.
The session rounded out with Chairman Ken Greene asking Scannell officials to present updated physical plans, with the hope it could help reduce the hearing time.
“The people up here have every right to ask questions, and so then you're going to have to deal with our questions," Greene said.
"Just like we have to deal with listening to the full amount of testimony, not all of which is relevant to some of the concerns that people have here.
“So we'll see, hopefully next time we can be a little bit faster.”
Scannell has three more experts set to testify in the coming hearing, set for Oct. 15.
