The Mercury (Pottstown, PA)

Vote on truck plan angers neighbors

- By Evan Brandt ebrandt@21st-centurymed­ia.com @PottstownN­ews on Twitter

LIMERICK >> Two controvers­ial developmen­ts that drew a crowd of more than 70 to the Dec. 18 Limerick Board of Supervisor­s meeting were back on the agenda Tuesday night for crucial votes.

But while opponents of the TP Trailers and Truck Equipment plan to build a manufactur­ing and service facility on 10 acres at 181 Limerick Center Road were out again in force, no one showed up in opposition to the Restaurant Depot proposal at the corner of Buckwalter and Township Line roads.

More than a month ago, about half the crowd of 75 were there in opposition to the Restaurant Depot plan, saying it would add too much traffic to an already dangerous intersecti­on.

But Tuesday night, no one spoke, no one objected and the board of supervisor­s quickly and unanimousl­y approved the preliminar­y site plan for that project.

The same could not be said for the second vote.

Although the end result for the TP Trailers project was the same — a unanimous vote to approve the

preliminar­y site plan — the path to that vote was strewn with public objections and even some spirited defense of the board by the supervisor­s themselves.

Township Solicitor Joseph McGrory Jr. kicked off the deliberati­ons by explaining that, as per instructio­ns from last month, he had prepared two resolution­s.

One approved the truck project without conditions, and another imposed the condition that the trailers (or shipping containers) be stacked no higher than two.

One of the primary objections raised by neighbors of the proposed project is the potential to stack steel shipping containers as high as three, which they say poses a danger should they tip over. The developers have said they cannot predict how often that will be necessary, if at all, but have steadfastl­y refused to voluntaril­y limit the stacking.

The problem, McGrory said, is that the township has already determined that existing ordinances allow structures to be as high as 35 feet tall and three stacked shipping containers are below that height.

It’s the fact that the plan meets the zoning ordinance in every way — no waivers, no variances — that left the supervisor­s with few options but to approve it.

McGrory said that despite “trying every trick in the book,” he could not convince Tom Perkins, owner of TP Trailers and Truck Equipment, who owns the parcel with his sister, to agree to the stacking limitation condition.

To approve the plan and place those conditions, however “reasonable” they may seem, would simply result in Perkins’ lawyer, Mark Kaplin, seeking to overturn them in court, McGrory said.

Kaplin has said his client would accept those conditions if the township, and the opposing neighbors, will back his client’s intention to seek a zoning variance to allow him to sell vehicles at the Limerick Center Road site, which would allow the trailers to be stored at his other location on Ridge Pike, but the supervisor­s have not agreed to that.

As a result, supervisor­s were left essentiall­y with the option of voting to approve the preliminar­y plan without imposing any conditions, or vote no, which would violate the class two township code and open them up to an expensive lawsuit.

“If it were in my neighborho­od, I would still have to vote for it,” said Supervisor Elaine DeWan.

To vote against approving a plan that meets all the ordinances would not only open up the township to a legal action they would likely lose, it would also likely mean the township’s liability insurance carrier would not cover legal costs, Township Manager Dan Kerr told the supervisor­s.

It could even make the supervisor­s themselves personally liable, the supervisor­s

said. “I am not going to risk my home for a vote I know to be illegal,” said Supervisor Patrick Morroney, “and neither would you if you were sitting up here.”

But for several of the project’s opponents in the audience, that argument did not wash.

“You can never convince me your personal assets are at stake,” said Bernard Enright of Bayberry Lane, who said he has worked in the insurance business for 30 years.

Kevin Messerle of Hickory Grove Road said while he understood the position the supervisor­s were in, that voting against approving the plan would have been “the courageous choice.”

“Breaking the law is not courageous,” said Supervisor Kara Shuler. “I am not breaking the law for this township.”

When resident Preston Lutwiler said the supervisor­s had taken the “path of least resistance,” Supervisor Thomas Neafcy called the comment “a cheap shot.”

At one point, resident Darren Thompson asked Supervisor­s Chairman Ken Sperring to recuse himself from voting because he has a business relationsh­ip with Perkins.

Sperring says as a business owner himself, he has purchased parts from Perkins but since, as McGrory confirmed, he has no financial interest in whether Perkins plan is approved or not, there is no conflict of interest requiring he recuse himself.

He said if the other supervisor­s want him to recuse himself he would — they didn’t — and said it would not be fair to them to “escape” from having to take would looked like an unpopular vote.

McGrory said residents have the right to challenge the approval in court, as well as the final site plan approval, when and if that makes its way through the process, past the planning commission again and back to the supervisor­s for a final vote.

He and DeWan also suggested that residents show the same interest, and participat­e, in any hearings the zoning hearing board may hold if Perkins applies for the use variance which, McGrory said, “is very hard to get.”

As the meeting wound down, Shuler said she and other supervisor­s were getting “brutally beat up in emails by people who don’t understand our responsibi­lities. We have to think of everybody, not just the people who live on a particular street or developmen­t.”

McGrory said when he took the township solicitor post 12 years ago “we had 32 legal actions against us and our insurance carriers were going to drop us, and that was with a different board over just four years of supervisor­s ignoring the law. We were almost uninsurabl­e.”

All those lawsuits, and the loss of insurance, posed a financial risk to all township residents, not those neighbors of proposed developmen­ts, said Sperring.

“If we had voted no, we would have exposed 19,000 people to a multi-million lawsuit,” he said.

“Nothing about tonight made any of us happy,” Shuler said. “We are the courageous ones sitting up here taking the beating. We get that you were upset about tonight’s decision. We get that. Just cut us some slack. We have to take everything you throw at us and still try to protect you.”

 ?? EVAN BRANDT — DIGITAL FIRST MEDIA ?? Preston Lutwiler speaks to the Limerick Board of Supervisor­s about options after the vote.
EVAN BRANDT — DIGITAL FIRST MEDIA Preston Lutwiler speaks to the Limerick Board of Supervisor­s about options after the vote.
 ?? PHOTO FROM SCREENSHOT ?? The proposed truck manufactur­ing and repair facility, shown by the red marker, is opposed by residents of Bella Rosa Court, Parnell Lane, Perry Court and West Cherry Lane
PHOTO FROM SCREENSHOT The proposed truck manufactur­ing and repair facility, shown by the red marker, is opposed by residents of Bella Rosa Court, Parnell Lane, Perry Court and West Cherry Lane
 ?? DIGITAL FIRST MEDIA FILE PHOTO ?? Tom Perkins wants to build a truck servicing and cargo container manufactur­ing facility on Limerick Center Road.
DIGITAL FIRST MEDIA FILE PHOTO Tom Perkins wants to build a truck servicing and cargo container manufactur­ing facility on Limerick Center Road.

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