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Proposed North Whitehall adult community plan headed toward 'amicable' resolution, official says

A man at a lectern addresses the North Whitehall Planning Commission
Brian Myszkowski
/
LehighValleyNews.com
North Whitehall Township's planning commission receives an update on Strawberry Acres, a senior living community currently set to be built in the township.

NORTH WHITEHALL TWP., Pa. — A proposed adult housing project is moving through both the local government and the county court system, North Whitehall Township Planning Commission was told Tuesday.

Strawberry Acres, first proposed in 2023, was intended to be an active adult residential community with 88 homes and one existing unit over 75 acres at 5120 Overlook Road.

As part of the plan, developers were looking into a waiver regarding five of the seven detention basins on the property.

Ultimately, that led to a legal battle that remains underway as the project advances through local government.

Township solicitor Tom Dinkelacker offered a brief history of the project, detailing how the developers appeared before the township board of supervisors in June 2024 with a plan for a senior community.

Within the plans, there were detention ponds with vertical walls, for which the developer had previously sought a waiver. But the plan was denied based on the denial of the waiver request.

Settlement discussions

The applicant filed two appeals to the Lehigh County Court — a land use appeal and a mandamus appeal.

A mandamus appeal is “an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion,” according to Cornell Law School.

"We put this on a settlement track where this matter would be resolved amicably."
North Whitehall Township solicitor Tom Dinkelacker

Dinkelacker said that “Shortly thereafter, settlement discussions took place between myself and the applicant's attorney. We put this on a settlement track where this matter would be resolved amicably.

“The talking points of those settlement discussions were that the two conditional use approvals would remain intact. The applicant would resubmit plans, preliminary plans that would be compliant plans.

"In other words, they would not have the need for the waiver for the vertical walls, the detention ponds; that will those plans would be reviewed by Keystone Consulting Engineers and Gilmore and Associates with comments. The applicant would address any comments from there.”

After the preliminary plan approval occurs through settlement negotiations, the applicant will prepare final plans to be brought through the planning commission and the board of supervisors.

Showing 'where things are'

Dinkelacker said the purpose of Tuesday's session was "to show the planning commission where things are."

"We're not going to really entertain comments," he said. "There's not going to be a decision on these plans. Not going to be recommendations."

"I think our stated goal was to present… a plan set that would not require any solid waivers, and it would not require any further zoning relief.
Attorney F. Peter Lehr, representing the developer

According to attorney F. Peter Lehr, representing the developer, informally submitted plans dated March 6, 2025, saw the questionable detention basins dropped below the land surface, which would no longer require slopes or retention walls.

“And I think our stated goal was to present… a plan set that would not require any solid waivers, and it would not require any further zoning relief,” Lehr said.

Lehr added that the developer would need additional time to have stormwater calculations updated, and to revise the location of sprinkler heads across the community.

The developer and the township are set to meet in court, potentially in October, but he said the two sides will continue to work together.