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Motion tabled on letter notifications and advertising

A policy to stop sending out letters and end newspaper advertising for projects being reviewed by the Salisbury Township Planning Commission has been tabled.

The Salisbury Township Board of Commissioners voted unanimously 5-0 at the Feb. 27 meeting to table a motion regarding procedural notification for the township planning commission.

Township Commissioner Alex Karol moved to table the motion, seconded by township Commissioner Alok Patnaik.

A vote on the matter is expected to be on the 7 p.m. March 27 board of commissioners’ agenda in the meeting room of the municipal building, 2900 S. Pike Ave.

The March 13 commissioners’ meeting is canceled. Commissioners will meet in executive session, 7 p.m. March 13 in the municipal building to interview applicants for the job of township manager. Cathy Bonaskiewich, township manager, is to retire May 2.

Commissioners, township officials and residents discussed the planning commission appeals notification procedure at the Feb. 27 commissioners’ meeting.

“A recommendation was made by the planning commission,” Attorney Jason A. Ulrich, partner, Gross McGinley LLP Attorneys At Law, solicitor for the board of commissioners and planning commission, said to begin the discussion.

The planning commission at its Jan. 22 meeting made the recommendation to stop sending out letters and placing newspaper advertisements for planning meeting agendas.

“Under zoning rules, the zoning board has to give notice to neighboring property owners under the municipal planning code,” Ulrich said.

The Pennsylvania Municipalities Planning Code, passed in 1968 and reenacted and amended in 1988, empowers cities, boroughs, townships and counties to plan their development and govern by zoning, subdivision and land development ordinances.

“The planning commission started sending out letters and advertising, which is not required,” Ulrich said.

“At some point, they started doing this. We are unable to discuss when. No other municipality does this with respect to the letters,” Ulrich said.

“The other thing is: standing. The letters reasonably can establish standing,” Ulrich said.

Legal standing is defined as the right to sue in court. It’s determined by a court’s assessment of a plaintiff’s connection to a case.

“This was a cost-cutting thing and a procedural matter,” Ulrich said.

“Depending on procedure, it could cost $300 for one site. You’re looking at $400 to $500. You would still have to advertise 24 hours in advance,” Salisbury Township Assistant Township Manager, director, Community Development, Sandy Nicolo said.

Salisbury Township Director of Finance Paul Ziegenfus agreed. “It’s $400 to $500 per posting.”

“It is in the Salisbury Press that we do most of our advertising,” Ulrich said.

“A lot of states have moved away from print. Pennsylvania is one of the few states that still uses print,” Patnaik said.

State Rep. Robert Freeman, D-136th, is a co-sponsor of House Bill 424, which, according to the Pennsylvania General Assembly website, is “An Act amending Titles 45 (Legal Notices) and 65 (Public Officers) of the Pennsylvania Consolidated Statutes, in legal advertising, providing for redundant advertising on Internet by political subdivisions or municipal authorities; and, in open meetings, further providing for public notice.”

The bill would require public notices to still be published in print newspapers. If a print newspaper is not in a particular area, the notice could be published in a digital newspaper.

It was noted for a zoning hearing, one letter is sent to notify residents. If the hearing is continued, subsequent letters are not sent.

“We advertise the meetings at the beginning of the year,” Ulrich said.

“We advertise all meetings at the beginning of the year,” Bonaskiewich said.

Several residents at the meeting objected to letters not being sent. Ulrich said letters would continue to be sent to residents concerning zoning hearing board meetings.

“We want to know what’s going on. We would like to be notified by mail,” Norma Cusick, a former township commissioner and former township planning commission member said.

“It’s not against the law to send out letters. Can you make an exception to send out letters?” Cusick asked.

“We could be accused of targeting the property owner. It could look like we are sending out the letters to punish the property owners,” Ulrich said.

It was suggested that the township could send out emails to inform residents.

“It’s something that we could look at,” Bonaskiewich said.

In township zoning and planning news:

The Salisbury Township Zoning Hearing Board will hold a public hearing, 7 p.m. March 12 in the meeting room of the municipal building, to hear the following cases:

– 1017 E. Emmaus Ave. (Appeal No. 25-0011) - Appeal of KPJP, LLC requesting variance relief from §27-806.3.C(3) to construct a 460-square-foot building addition and expand the floor area of a nonconforming, nonresidential use by more than 25 percent since becoming a nonconforming use. The property is located within the R4, Medium Density Residential zoning district.

– 2638 and 2660 W. Rock Road (Appeal No. 25-0033) - Appeal of Girl Scouts of Eastern Pennsylvania, Inc. requesting special exception approval in accordance with §27-306 (27 Attachment 2) to consolidate the lots and expand the existing special exception use by converting a single-family detached dwelling into a nonprofit private recreation area. The property is located within the CR, Conservation- Residential zoning district.

The Salisbury Township Planning Commission meeting agenda, 7 p.m. March 26, includes:

– Land Development No. 58250006 - Review of the land development project submitted by St. Thomas More Parish Charitable Trust, which proposes to raze a portion of the building at 1031 Flexer Ave. and construct new building additions and all supporting infrastructure to utilize the property as a child day-care center and private, nonprofit recreation area.

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