To address important township business during the ongoing COVID-19 pandemic, South Whitehall commissioners met April 15 online via GoToMeeting and over the telephone.

Board President Christina “Tori” Morgan, Vice President Diane Kelly and Commissioners Matthew Mobilio and Joe Setton were in attendance. Assistant Secretary Michael Wolk was absent.

The first order of business was a request to advertise changes to several sections of the zoning ordinance to raise the maximum height limit for residential buildings from 35 to 40 feet, in response to a developer’s request first made in November 2019.

George Kinney, director of community development, said after a staff review it was determined to make a consistent residential height limit in all zones to bring all districts into conformity, easing enforcement and regulation.

Mobilio asked about the legislative history behind the specific 35-foot height limit.

Kinney said he believed it was related to former limits on firefighting apparatuses but said more research would be conducted.

Kinney and planner Gregg Adams also said requests for increased height changes were also driven by developers’ aesthetic plans to include steeper peaked roofs and other design conditions for residential buildings.

Solicitor Joseph Zator and Mobilio noted that on previous instances where developers have requested height variances and allowances, they have been historically denied “except in the most specific of circumstances.”

Kelly also cautioned against making a “sweeping” change to the zoning ordinance, in response to a single developer’s request, while in the middle of a restructuring of the township’s comprehensive plan.

She also said any decision made should set a consistent precedent.

Commissioners voted to table to matter until the next meeting in order to gather more background history and information on the residential height limit.

The board voted to grant a waiver of certain subdivision and land development review and approval requirements for the projected renovation efforts of Panera Bread, 3100 W. Tilghman St.

Brian Conlon, of Langan Engineering, said the waiver was requested because Panera Bread was ready to start its internal renovations but the building permit was being held up because of a stalled land development plan for the drive-thru.

Commissioners also heard a request to waive payment of a $2,500 open space fee for the John Jaindl minor plan.

Alternative Solicitor Lisa Pereira said the property is located in both North and South Whitehall townships, and as the residential home is on the North Whitehall side of the line the applicant was already paying the $2,500 to that municipality.

Landowner David Jaindl and Attorney Wendy Nicolosi said the fee was being charged for the same dwelling in both townships. They also noted that in other cases where a municipal border divides property, determinations are made where the dwelling is assessed.

Mobilio and Setton said the equitable solution would be to split the fee evenly between the townships, and to pay the portion to South Whitehall while appealing for a waiver from North Whitehall for the remainder owned.

Jaindl disagreed, saying the proposal was unreasonable, and said while he would be happy to approach North Whitehall for a waiver, they would not pay more than a single $2,500 fee for a single dwelling.

The resulting vote was tied 2-2 and the resolution failed to pass.

Jaindl thanked the board for its time and said his team would be back at next month’s board meeting.

Commissioners approved a request for a $250,000 Greenways, Trails and Recreation Program grant from the Department of Community and Economic Development to support improvements to Vistas Park.

Additionally, the board approved a motion for a reimbursement agreement for the developer of an approved warehousing project at 4741 Chapmans Road.

The project includes two underground water and sewer pipes crossing the Norfolk Southern Railway’s right of way which would need to be maintained and repaired by South Whitehall.

The agreement requires the developer to assume sole responsibility for the installation of the proposed facilities and for a $5,000 fee payment to Norfolk Southern.

A second motion involving Norfolk Southern was also heard and approved regarding the Crackersport DC warehouse project.

This includes the improvement of an existing railroad crossing owned by the railway along Eck Road, as requested by the township.

Zator said a reimbursement agreement was necessary to indemnify the developer with all responsibility, as Norfolk Southern does not enter into such agreements with private developers.

Two additional motions were approved; the first was for purchase of a used leaf vacuum trailer from Upper Macungie Township for $8,750, and the second authorized payment of the volunteer firefighter incentive program for the first quarter of 2020 for $21,165.

Regarding other business, Kelly noted the finance committee has reviewed the budget and said earlier township revenue projections were obsolete given business shutdowns and delayed taxes due to COVID-19.

Kelly said both she and Wolk had agreed proactive steps were needed to safeguard township finances and limit unnecessary expenditures.

In response, the board approved a motion to have township staff keep a critical eye on spending and essential services, and to save money where possible to maintain financial health.

Kelly also asked if some measure could be put in place for residents to pay their refuse bills online by credit card and proposed adding said information onto residents’ bills and the township website.

Kinney said he would look into adding the language to the bills, and commissioners agreed to improve the township website’s social outreach and information during a future meeting.

The next board of commissioners meeting is scheduled for 7 p.m. May 6.