No Route 10 Warehouse

******Cumru Township Commmisioner Election******

Cumru "No Warehouse" candidates WON!!!

Greg Miller and Andy Donnell have ousted long time incumbents Sam Kalbach and Ruth O'Leary.  Ruth and Sam were primary decision makers who conducted the back door deals that enabled the illegal rezoning of the Rt 10 parcels to Industrial and opened the door for warehouses and other undesirable development and ruin our peaceful community. This should send a clear message to leaders in Cumru and other communities that we do not want these warehouses and anyone supporting them won't be in office very long.

Congratulations to Greg and Andy!! 

Cumru Zoning Hearing Board Decision July 25, 2023

The Cumru ZHB denied the appeal brought by community residents and Penske at the July 25 meeting.  This was not unexpected as the zoning board members making the decision were appointed by the Cumru Board of Commissioners (which is who made the zoning decision we are appealing).  We now have 30 days to appeal the decision to the Berks Court of Common Pleas.  In the meantime, there are still no approved plans for the warehouse, no permits have been obtained, and the township has not voted to approve or deny the proposed warehouse.

• Statement of Facts/Conclusions of Law submitted by Penske and Cumru Residents 

• Statement of Facts/Conclusions of Law submitted by Cumru Board of Commissioners, NorthPoint, and Brian Johnson 

• ZHB Final Decision 

Note - The ZHB decision is almost a verbatim copy of NorthPoint's submission with only a few numbering changes.  The only difference is the ZHB decision on the last page.

Zoning Hearing Board May 31, 2023

www.readingeagle.com/2023/06/02/final-hearing-held-on-zoning-change-that-enabled-route-10-warehouse-plans-in-cumru/ 

This was our final hearing before the Cumru Zoning Hearing Board.  The meeting began with our attorney's cross examination of the developer's land value expert witness.  His original testimony focused on home values in 7 developments outside Berks that are proximate to industrial sites.  His entire logic was  based on being able to see the industrial site from the home.  Our attorney's, Chris Muvdi and Matt Creme, did a great job of discrediting each example presented by the witness and demonstrating that none of his comparisons were similar to the Cumru site.

The final witness for the developers was their land use expert.  He also seems to base most of his testimony around visibility of the proposed warehouse from nearby residences.  He did not comment on any other impacts such as traffic, noise, pollution, and all the other negative factors.  He also only focused on the specific NorthPoint warehouse plan and none of the other permitted uses for industrial zoning.  He commented on his view of spot zoning but his understanding and definition of spot zoning clearly does not align with any legal definitions or court decisions regarding spot zoning.  Overall a very good night for our side as the developer's witnesses proved to have extremely weak logic, irrelevant examples, and flawed conclusions.

The hearing wrapped up with agreement on the timeline to conclude the process.  The hearing transcript it to be delivered to all attorneys in 2 weeks.  Both sides then will have 21 days to submit their final Statement of Facts and Conclusions of Law.  The 4 members of the Zoning Board will then make their decision and announce it on July 25.  This will be held at the township building so seating will be limited. 

Zoning Hearing Board May 8, 2023

Just a very brief update on the most recent hearing.  It was a long hearing (almost 3 hours) with a very long winded and pointless narrative by the oppositions witness on land values.  He spoke for about an hour seemingly just to hear his own voice with no questions from the lawyers. 

The Northpoint traffic engineer testified and finally, Northpoint's real estate appraiser.  The hearing went well with our legal team making some excellent points in cross-examination.  Some very good points were made regarding the intersection at Rts 10 & 724.  Northbound traffic is often delayed by vehicles turning left at the light.  Cumru says that is not a problem because trucks can use the shoulder to go around traffic.  PennDot disagrees.  The Mail Shark owner even wrote a letter to Cumru requesting them to convince PennDot this is acceptable so he could get his permit.  Very unusual to make this request, and I am sure a police officer would be quick to issue citations for anyone using the shoulder to bypass traffic.

Our attorneys will cross-examine the real estate appraiser at the next (and final) meeting on May 31 at 5:30 PM.  Mark your calendars and plan to attend if possible, so that you can witness the proceedings for yourself and see our attorneys in action!  I think it will be worth your while!   

Zoning Hearing Board April 26, 2023

www.readingeagle.com/2023/04/28/cumru-officials-developers-defend-rezoning-of-route-10-plot-for-warehouses/ 

The first witness called was Jeanne Johnston, Township Manager.  Her employment history with the township was summarized.  She went on to speak about the fact that the Township would be losing the tax revenue from the Western Berks Landfill and that the Township was looking for ways to replenish the lost revenues.

Ms. Johnston went on to recap all the various changes to the zoning maps from 1958 through 2018 when the subject premises was rezoned.   She went into great detail as to what zoning changes were made in each instance.  

Ms. Johnston went on to recount the history of the rezoning of the subject parcels, how the township came to obtain one of the subject parcels for purposes of building a fire station, but that it was determined not to be an ideal location and that there was pressure from the township to sell the fire station parcel.  

Testimony continued that the realigning of Freemansville Road and the traffic intersection in question were part of the township's discussions prior to proposed development in question.

Ms. Johnston also testified that when the property in question was rezoned in 2018, no environmental concerns were raised by residents who attended the hearing.  She intimated that the Township tries to address concerns of its citizens.  Various property owners requested that their property not be part of the rezoning, she said, and were excluded.

Brian Johnson testified next.  He is the owner of the parcels in question.  He testified that he acquired the parcels originally in the hopes of building a larger facility for his business, Mail Shark.  He testified that he is currently leasing a larger facility for his business off of Tuckerton Road, a lease arrangement he had to pursue because of the lengthy process in completing the Cumru Township development.  His business has been in Cumru for many years and he and his family reside in Cumru, off of Route 625.

Johnson went through the lengthy process of the acquiring the parcels in question and purchasing small parcels of land from neighboring property owners in order to complete the traffic intersection and comply with requirements from PennDot, among others. 

Under cross examination, Johnson was asked how much his property value increased since it has been rezoned.  Though he didn't give a dollar amount as to the increase in property value, he admitted an increase in value.  

Zoning Hearing Board April 24, 2023

www.readingeagle.com/2023/04/26/cumru-warehouse-plan-would-devalue-nearby-homes-experts-testify/ 

Tonight's hearing began with completion of testimony from our Land Use expert, Mark Deimler, municipal engineer with Solanco Engineering,  who testified at the Feb 22 hearing.  The opposition attorneys began their cross examination to clarify some of the points made in direct testimony.

Next, our expert witness for Land Valuation, Raja Waran, an appraiser and senior managing director of Philadelphia-based Integra Realty Resources  reviewed his detailed analysis.  General conclusions were made such as residential sales in Industrial zones were lower than those in Rural Conservation zones.  He also made the point that it is uncommon for residential zones to be immediately adjacent to industrial zones.  Although this observation was primarily regarding warehouse sites.  

Finally, he provided valuation calculations showing that the 2 parcels in the proposal increased in value from $1.2M before the zone change to $24.8M after the zone change.  The opposition noted that other factors could lower this valuation such as the amount of unbuildable land.  Regardless, it is clear the rezoning vastly increased the land value to the benefit on a single individual.

The final witness was Craig Stringer, owner of Pagoda Realty and Property Management, West Lawn who testified that he has sold hundred of homes in Cumru, many in Flying Hills.  His expert opinion is that home values would be significantly impacted if the development is completed.  His observation is the values are not currently impacted because people do not actually think something this outrageous would ever actually happen.

The next meeting is Wed April 26 in the Cumru Elementary school at 6PM.

Zoning Hearing Board Meeting March 13, 2023

www.readingeagle.com/2023/03/15/traffic-expert-says-route-10-warehouse-in-cumru-would-cause-more-crashes/

Tonight’s hearing was well attended by residents of the township.  The land use expert who testified at the last meeting was not available to testify tonight, so his cross exam will be conducted at the next hearing.

It was agreed that the previous testimony as to the conditions of the road during the snowstorm would be accepted along with the photos of the trucks and cars stuck in the snow.

Joe Fiocco, the traffic engineering expert, testified next.  He recited his CV and then went step by step, page by page, through his expert report.  NothPoint’s attorney, Keith Mooney, crossed next. Points that went back and forth.

• LOS = Level of Service - amount of time it takes you to get into a traffic intersection

• The original study by McMahon Engineering did not look at safety at all

• PennDOT asked McMahon to provide safety info however Fiocco never saw any safety studies included in the study.  Traffic safety study was not made available to the public and not made part of the McMahon report.  It was also not provided along with RTK records.

• Back and forth over the number of intersections that our expert studied vs the number of intersections PennDOT may have required.

• The crash data required by PennDOT was not included in the McMahon study.  Therefore data provided by our expert.

• How far back the crash studies went ---  5 years, 10 years, 20 years and the impact that the variations in years would have impacted the study

• Long commentary back and forth over our expert's crash data reporting and interpreatation ...the percentages of crashes per year

 Allen Shollenberger, attorney for Mail Shark, questioned our expert was familiar or aware that there were two separate standards for LOS ..one for intersections with signals and one for non-signal intersections.

Re need for signaled intersection at Rt 10 and Freemansville Road, did our expert review the Township's 209 Plan?  Was he aware that the signal was first proposed in 2002.  Our expert explained that Act 209 studies calculate all development that  might occur in the next 10 or 20 years; not unlike looking into a crystal ball.  It looks at all development that could take place in 10 years to come up with signals that may be needed in the future.  It is a 10 or 20 year projection.

Attorney for Cumru Residents, Matt Crème, redirected to have our expert reaffirm that there was no evidence of a crash study completed by McMahon.

• 209 study clarified

• Rt 10 and Rt 724 are not roads that can withstand an increase in traffic

• HOP conditioned the maximum number of trips based on the Mail Shark proposal

• Post-construction traffic count are required but ineffective as the damage is already done

Keith Mooney commented our expert's comments regarding drivers using the shoulder at Rt 10 and 724 to go around traffic stopped to make a left turn on 724, doesn't traffic do that currently??  This is interesting because using the shoulder to bypass traffic is illegal but that is the only way the intersection does not fail LOS requirements.

Recap of Zoning Board Hearing Feb 22, 2023

The hearing began with the Robeson Township Manager presenting a letter of opposition to the zoning and proposed warehouse.  The letter included details from the Police Chief with analysis, diagrams, and photos of the areas that would be impacted in Robeson.  They specifically mentioned the already high rates of accidents and injuries and how this land use would result in worsening conditions.  They also pointed out the short exit ramp and that increased commercial traffic would cause “stacking” issues at the exit causing peril to those exiting as well as everyone northbound on I-176.

Glenn Emery was called to share his observations of the recent snow squall on Rt. 10 traffic including large trucks stuck on the hill and blocking the lanes to demonstrate that these roads cannot handle the increased traffic that an Industrial zoning would introduce.  Photos were presented that demonstrated Glenn’s observations, there was some discussion about the admissibility of the photos to be decided later.

Next it was Rick Wolf’s turn to testify on his standing in the challenge.  Rick also provided testimony by reading into the record specific sections of the township meetings regarding the rezoning.

Finally our team introduced an expert witness for land use, Mark Deimler, municipal engineer with Solanco Engineering .  His credentials as an expert were quickly accepted and he provided great testimony about the land description, description of surrounding land, why the County and Regional Comprehensive plans were crucial and the township did not comply with either.  He also discussed principles of land planning, zoning objectives, and why this property should remain Rural Conservation.  We ran out of time for cross examination on this witness so he will resume at a later hearing.

Our attorneys did a great job with the direct testimony and the opposing attorney did their loud, pointless posturing on their cross examination.  The next hearing is tentatively set for March 13, and they are expected to continue through April/May.  Look for more details in the Reading Eagle.

Zoning Hearing Board meeting - February 22, 2023  6PM Governor Mifflin Intermediate School

We have not posted many updates recently, there have not been many new developments now that we are formally challenging the zoning from 2018 and have taken the process out of the Township and Developer's hands.  It has been 9 months since our community first became aware of the warehouse proposal.  It is amazing the progress we made by quickly informing the community, organizing support groups, and making the township aware of our position.  We developed a communication strategy, organized fund raising efforts, collaborated with Penske, and engaged a expert attorney.  Now the goal to reverse the rezoning is in the legal process and everyone is fully informed, aware, and participating.

A couple observations from the first hearing.  The main purpose initially was for the opposing lawyers to question our legal standing to even challenge the zoning.  There will probably be more points presented at the hearings that will not seem relevant but might be needed for procedural reasons if the board's decision is appealed.   

During the testimony, the opposing lawyers wanted to keep giving the example of the possibility of "cluster homes" if the zoning was Rural Conservation inferring it would be worse than a warehouse.  Actually, Cluster Development is Cumru requires that each home lot is a minimum of 1 acre, at least 60% of the area must be reserved as common space, and all existing slopes and natural features must be preserved.  We don't understand why the lawyers would think this was a bad thing.

They also pressed Penske about traffic volumes saying Penske would generate 800 trips during a peak hour and the warehouse would only generate 40 trips.  They obviously did not read the traffic reports already approved by PennDot.  The MailShark example (other uses could generate even more) already shows an estimated 319 new trips during the morning peak.  This would be in addition to the current 718 trips during the same peak hour.  So the PennDot approved traffic study says the peak hour traffic would increase by 50%.  This is nothing like the "40 trips" they think a warehouse would generate.

The upcoming hearings will now focus on expert testimony regarding traffic impact, safety impact, land values, etc.  Below is the accepted "standard" in Pennsylvania to define spot zoning.  Keep this in mind as you hear the testimony at the hearings.

In Takacs v. Indian Lake Borough Zoning Hearing Board, 11 A.3d 587 (Pa. Cmwlth.

2010), the Commonwealth Court explained spot zoning and the relevant legal standard, as follows:

Spot zoning is a singling out of one lot or a small area for different treatment from that

accorded to similar surrounding land indistinguishable from it in character, for the

economic benefit or detriment of the owner of that lot. The most determinative factor in an

analysis of spot zoning is whether the parcel in question is being treated unjustifiably

different from similar surrounding land, thus creating an “island” having no relevant

differences from its neighbors. Takacs, 11 A.3d at 594 (citations omitted) (emphasis

added).

January 5, 2023:  

Zoning Board Hearing  6:00PM January 23 at Governor Mifflin Intermediate School

This will the first actual session of the legal proceeding since the township failed to provide the legally required notifications for the session in November.  There will be several more sessions scheduled over the coming months.  The Zoning Board will eventually either uphold the rezoning or revert it.  Regardless of their decision, we expect the process to continue with an appeal to Berks Common Pleas, then appeal again to the higher courts.  This will be an expensive fight and it could last years – but worth it to preserve the site.

Zoning Hearing Notice 

Traffic Signal:

Please remember that the intersection expansion and traffic light was a result of a traffic study done in 2018 when MailShark had planned to build there.  The MailShark project never materialized and no proposal was ever submitted for approval.  But they did submit the results of the traffic study to PennDot based on the expected volumes for their project.  PennDot approved the intersection changes and MailShark moved forward with the expectation it would make sale of the property more attractive for someone like NorthPoint.  MailShark is paying for all the work including the lights themselves.

So we may end up with a big intersection and traffic lights that are nothing more than an annoyance and traffic hazard.  Our next step would be to find a way for PennDot to approve the removal of the lights since there will not be enough new traffic entering Rt 10 to justify them.  More to come on this topic.

October 31, 2022:  We have confirmed that the hearing for our challenge to the zoning on Rt. 10 will be on November 16 at the Governor Mifflin Intermediate School Cafeteria at 6PM.  We expect that several sessions will be needed due to the number of parties involved and the expert witnesses that will be called.  The next session will likely be later in January and the process is expected to continue through the spring.  Please plan to attend this session to show community support so this land can be reverted to Rural Conservation zoning.

• Reading Eagle: Cumru residents, Penske challenge zoning change that enabled Route 10 warehouse plans

There are 5 parties involved and represented by lawyers. - our Community group, Penske, Route 10 Realty (Mail Shark/Brian Johnson), NorthPoint, and Cumru Township.  The Cumru ZHB acts as the neutral party to administer and adjudicate the hearings.  There will be multiple hearings to allow for all the expert witness testimony

Please continue to support our efforts by donating to our GoFundMe or directly to our attorney.  Our legal costs are already over double the funds we have available and we still have a long battle ahead.

Oct 20, 2022:  Just a brief update to our supporters.  Our attorney, Matthew J. Crème, has provided us with a short status report recently.  He has advised that he is working closely with the attorneys representing Penske in preparing for the November 16 meeting.  The first hearing is scheduled for November 16, and the attorneys are working to schedule hearings in December and January, though those dates have not yet been confirmed. Additional hearings will be necessary because of the number of witnesses expected to be called.  We (Cumru Township residents) have been asked to contribute to the cost of the expert witnesses.

All the lawyers involved have agreed to a stipulation that there can be no further consideration of the NorthPoint proposal until the zoning challenge is settled through the legal process.  This includes Cumru Township, Brian Johnson (Mail Shark), Penske, and our group (Cumru Residents). 

Along with the status report, we received our first invoice.  It has depleted the Gofundme account and we have a rather large outstanding balance.  We feel strongly that we cannot continue this fight without the legal expertise of Mr. Crème.  If you attended the Planning Commission meeting, you heard the statements he and the attorneys for Penske provided and that testimony ultimately led to the Planning Commission deciding in our favor.

We need to raise additional funds.  If you have not contributed to the Gofundme, please do so.  If you are able to make a second contribution, it would be appreciated.  If you prefer to write a check, instructions as to where to mail your check are provided on our webpage.  Maybe you have expertise in fundraising or suggestions as to how we can raise funds.  If so, please reach out.  Perhaps a committee can be formed that can work together to come up with some solutions. 

Separately, we have been receiving numerous inquiries about the status of the work at the intersection of Freemansville Rd and Rt 10.  This work was part of the original Mail Shark development plan (it was never submitted to the township for approval but the intersection reconstruction was submitted to PennDOT and approved) - entirely paid for by Brian Johnson.  Since this is not part of the NorthPoint plan, it is not impacted by our challenge.  However we have submitted a "Right to Know" request for all plans and documentation related to the project.  PennDOT has asked for a 30 day extension to provide the documents.  We have observed that even if the roadwork gets completed, the traffic volumes proposed by NorthPoint would not justify a traffic light based on PennDOT criteria.

Submitted to PennDOT Oct 11:  

"Please provide all documents related to current and planned activities at the intersection of State Route 3003 (Freemansville Road) and State Route 0010 (Morgantown Road) in Cumru Township, Berks County regarding HOP permits 05059405/05059412 and the associated Traffic Signal Permit.  Information requested to include, but not limited to, all meeting minutes, requests, correspondence, final plans, inspections, Field Inspectors Diary, permits, and supplements."

We need your continued help.  Please share with other Cumru residents, your friends and neighbors.  We appreciate your support and commitment to this fight.

********The Wheels are in Motion*********

Sept 19, 2022:  Our Community, in partnership with Penske, have filed a validity challenge against the township to revert the rezoning to Rural Conservation.  We are told by the township that this now Stays any further consideration of the NorthPoint plan until the challenge is resolved.  

The validity challenge is filed with the Cumru Zoning Hearing Board (ZHB) against Cumru Township Board of Commissioners with regard to Spot Zoning based on the 2018 zoning change from Rural Conservation to General Industrial.  The ZHB is the Judicial arm of the township government with initial jurisdiction. Depending on the outcome, next steps would be the Berks County civil courts then appeal courts.

Please keep checking back, this is the beginning of a long legal process but circumstances can change quickly.  It will be in NorthPoint's best interest to pack up and go away, but we still need to correct the zoning so this cannot happen again.

Here are the Board's email addresses

President Ruth A. O'Leary  roleary@cumrutownship.org

Vice President David J. Batdorf  dbatdorf@cumrutownship.org

Commissioner Sam Kalbach  skalbach@cumrutownship.org

Commissioner William B. Miller  wmiller@cumrutownship.org

Commissioner Lisha Rowe  lrowe@cumrutownship.org

Township Manager Jeanne Johnston <jjohnston@cumrutownship.org> (paid position, not a voting member)

Cumru Planning Commission votes to Reject the NorthPoint Plan!

At the September 12 meeting the Planning Commission determined there was no further action possible by the commission and voted to recommend rejection of the plan due to safety and traffic issues.  The plan now goes to the Township Board of Commissioners for their final vote.  The Board still has the ability to accept the Planning Commission recommendation and reject or they could approve regardless of the recommendation.  So we need to keep up the pressure to oppose this plan.

The next Board of Commissioners meeting is scheduled for Sept 20 where this topic will be on the agenda.  The Board stated they are not able to arrange an alternate location for the meeting and the Township can only accommodate 80 people in the room, including the Township members.  So public attendance will be limited.  Our team contacted the Township to offer assistance to arrange for space at Governor Mifflin but were shot down.  Click here to see the Township's response 

Cumru planners reject developer's warehouse proposal - WFMZ

Cumru residents take stand against proposed project  - WFMZ

Route 10 warehouse would ‘impair the welfare of residents,’ Cumru officials say  - Reading Eagle

Latest Updates - September 3

Northpoint submitted a few new planning documents as required by Township ordinances in advance of the Sept 12 Planning Committee meeting.  These check a few boxes in their hopes of getting Township approval for the warehouse plan.  Still no Traffic Impact Study.  

Northpoint and Schlouch Engineering should be thankful these docs are not graded on quality or content.  For example, the Community Assessment plan is supposed to detail emergency management.  Schlouch managed to fit the entire emergency management plan into half a page.

• Township Response Letter 220819 

• Morgantown Commerce Community Assessment 220819 

• Morgantown Commerce Environmental Assessment 220819 

• Morgantown Commerce Utility Assessment 220819 

• Morgantown Commerce PCSM Report 220819 

Please be sure to attend the Planning Committee meeting Monday Sept 12 6PM at the Governor Mifflin Intermediate School Cafeteria where these plans will be discussed.

Update - August 16

• Hundreds turn out to oppose Route 10 warehouse in Cumru, and a decision is delayed 

The next important Cumru Planning Committee meeting is planned for Monday Sept 12 at 6PM in the Governor Mifflin Intermediate School Commons Area.  This is the meeting where we expect the planning committee to discuss the waiver requests from NorthPoint.  We need to fill the room again to continue to show the township that the community is united in opposition to the NorthPoint plan.

Our attorney, Matthew J. Creme, will be there to speak on our behalf so the best thing we can do is show our strength by attending but let the attorney do the talking this time.  Our hope is that the committee sticks to the ordinance requirements as much as reasonably possible and not grant waivers that NorthPoint requested at the August meeting.  Mr. Creme described that some waivers for minor items are commonly granted if the developer can reach the same results with an alternate process so it would not be unexpected for some of the requests to be granted.  

But the waiver requests to skip the Environmental Impact Analysis, the Community Resource Impact Assessment, and the Traffic Impact Study are very significant and the committee should required these as per ordinance.  It is good planning to require these studies and make sure all issues are covered and not just "trust" the developer to do the right thing.

There are other legal challenges in process behind the scenes, but the Planning Committee actions regarding the waivers are the most important to focus on now.  The Planning Committee must make a recommendation to the Board of Commissioners before the November 30 deadline.  The Planning Committee has the job to review the developer's plan ,determine compliance with ordinances (or issue waivers), and make a recommendation to the Board of Commissioners to approve or reject.