a at The Dallas Post Dallas, PA Dallas, PA Thursday, April 18, 2002 Residents pleased that supervisors rejected proposed subdivision _ By TIMOTHY J. RAUB Post Staff KINGSTON TWP. The Board of Supervisors, respond- ing to complaints from numer- ous township residents, unani- mously voted to deny prelimi- nary plans for the Windsor Farms subdivision April 11. The township Planning Com- mission had earlier recommend- ed approval of the Windsor Farms Major Subdivision pre- liminary plan April 11. The board also denied the re- quest of G and Albert Consul- tants, on behalf of developer John Halbing, Robert A. Smith and Charles P. Gelso, for a 30- day time extension for the sub- division decision. The extension would have pro- ] vided G and Albert Consultants with time to speak with Halbing, who had been on vacation in Portugal last week, and had not been made aware of the latest developments. Board vice-chairman J. Carl Goodwin cited concerns over the subdivision’s proposed water supply, only one means of ingress and egress, and what he called a potentially dangerous location for the entrance into and exit out of the development as reasons for the board’s denial “I can’t understand how our planning commission voted to approve this preliminaiy 8 subdivision plan.” Vice Chairman, Kingston Townshi J. Carl Goodwin of the recommendation. “I'm not against development in the township,” said Goodwin. “I believe in planned develop- ment, and that is why I've sug- gested the creation of a long- range planning committee for the township. “I think if we had a long-range planning committee, we would be able to avoid fiascos like this is the future.” Goodwin also pointed out the developers had not set any area aside for green space, which is undeveloped land set aside for recreational use — something that township solicitor Benjamin Jones III has since said Halbing won't have to address. “The ordinance of Kingston Township was not yet brought up to date regarding the setting aside of green, space,” said Jones. "Mr. Halbing filed before the ordinance was enforced, so there is no authority in the township to enforce it upon him.” The developers had planned to dig 44 individual wells for the subdivision, but the township's subdivision ordinance states that if a development can use a nearby community water sys- tem, it must. “I have serious reservations with a development that wants to sink 44 wells when there are three water companies immedi- ately in the area,” said Goodwin. Helen Tamanini, representing the Sunrise Estates Water Com- pany, located adjacent to the proposed subdivision said the company could provide the wa- ter. “According to my water works operator, we can provide 44 homes with water,” said Tamanini. “But I have not heard anything from (the developers).” Contacted Tuesday, Halbing said he had been spoken with Sunrise Estates during the early stages of the planning for the subdivision, and was told about providing water to the homes, but the water supply for fire hy- drants in the development could not be provided. He also said that he has tried several times to get information concerning the water supply for the homes in writing, but has been unsuccessful. “I want to be able to con- tribute to the community of Kingston Township,” said Hal- bing. “I was very surprised by the ruling, but I'm sure we'll work things out.” The supervisors were also con- cerned about a document sub- mitted to the board which showed deposits had already been taken for lots in the subdi- vision — another violation of the ordinance — through Century 21 realty. Jones said that the options were a sale of interest in real es- tate, which is prohibited by the subdivision ordinance prior to the board's preliminary ap- proval. : “I think this is a very damag- ing statement. I did not see it before. You may call it an option agreement, but I think it is a rose by another name,” he said. But Halbing said only options, or the first opportunity to pur- chase the real estate were made. makes me feel at as a resident “If and when the subdivision gets approval, then we will be able to sell the lots,” said Hal- bing. Goodwin met with Luzerne County Planning Commission Executive Director Adrian Merol- li April 13, and said information he was provided with only rein- forced his decision. “(Merolli) found it incredible that the Kingston Township Planning Commission approved the preliminary development plans,” said Goodwin. “And after meeting with him, I agree com- pletely. I can’t understand how our planning commission voted to approve this preliminary sub- division plan.” Jeffrey Box, who had worked with issues concerning the sub- division ordinance for 13 years as township manager and as a member of the township plan- ning commission, presented ny ' township with a letter outlining what he thought to be violations of the township subdivision or- dinance, a letter that Goodwin. said helped provide great insight in the supervisors’ decision. “I'm please that they listened to the concerns I brought forth and that the board listened to . the many concerns expressed by the audience,” said Box. “It makes me feel that as a resident that my voice actually counts,” said township resident Kay Strickland, who lives near Windsor Farms. “I think that so many times, people feel helpless and out of the government loop, I appreciate being heard and taken seriously” In other business at the meet- ® ing: e The Supervisors approved estimates from Borton and Law- son Engineering regarding the Center Street bridge replace- ment project, and the Depart- ment of Environmental Protec- tion permit application, submit- ted by Borton and Lawson for the project. eThe Supervisors appointed John Versari and Cornelius J. Allen as liaisons to the Police Department and Zoning Hearing Board, respectively. Windsor Farms (continued from page 1) annually beyond what is need- ed to serve the proposed 44 homes. “I spent a lot of money to hire a licensed, registered hydrolo- gist, and he did a study that showed that almost one million gallons of extra water annually is available to us,” said Halbing. “I did this because I still have not received any documentation from Helen Tamanini (of the neighboring Sunrise Estates Water Co.) saying that we could hook up to their water system.” The developer also said he had been working to amend almost 75 issues on the township engi- neer’'s list of recommendations, consisting of small details to large engineering and environ- mental concerns, such as the water supply. He said he nar- rowed the list to three or four items, and was under the im- pression that the planning com- mission had approved the pre- liminary plan for Windsor Farms contingent upon those issues being resolved. But no contingencies were dis- cussed at the supervisors’ dis- cussion of the issue, and town- ship Zoning Officer Ben Gorey, who is the recording secretary for the planning commission, said there were only four waiver applications discussed, but no contingencies. “I just want to be able to con- tribute to the community of Kingston Township,” said Hal- bing. “This development will be an asset to the community. Five . “This development wi John Halbing S$ mmit Pointe Builder years from now, it will not be an ‘issue. “(Windsor Farms) is only going to complement the other devel- opments in the area.” Pointing out the size of each individual lot, Halbing said he could have doubled the number of homes in the subdivision, but his concern is more for the qual- ity of the of the development and not the quantity of homes. “We're allowed by law a mini- (224 TIMES LEADER Play and Win! Get the Times Leader at more than 1,000 Luzerne County Locations. For convenient home delivery, call 829-5000. Scramblr is sponsored by the Pizza Hut Deal of the Week Stop at participating Pizza Huts today! TIMESeLEADER To subscribe, call 829-5000 or toll free 1-800-252-5603 Monday through Friday 6:00 a.m.- 7:30 p.m.; Saturday and Sunday 7:00a.m.- 2:00 p.m. www.TIMESLEADER.com mum of 15, 000 square e foot Tots,” said Halbing. “But my smallest lot is 23,000 square feet, or about one-half acre, and I have lots that are 61,000 square feet in size, or about one and one- half acres in size. “I don't want to squeeze too many homes into the area. That's not the way I work.” Another major problem with the subdivision came with an access road that was installed “We're breaking ground all over your neighborhood.” E. Lee Beard, President & CEO on Manor Drive, and a single en- ‘try and exit from the future de- velopment. Halbing’s construction compa- ny, Summit Point Builders, had been cited by Penn DOT April 9 for installing a rock access road off Manor Drive, into the subdi- vision. There was no fine levied, and Halbing said it was nothing more than a mistake which would not have occurred if he were in the country at the time. As for the alternate access into and out of Windsor Farms, Halbing said he listened to the concerns of the Sunrise Estates residents who did not want Al- fred Road or Tamanini Drive linked to the development, and left the plans for the subdivision with only one road in and out. The main and only entrance ® for the subdivision, which would be off Manor Drive, is something that Halbing said is being worked on. “We are still waiting for a highway occupancy permit for the road,” said Halbing. “We made a mistake with the access road, and I think it would be safer to enter and exit on Manor Drive than in Sunrise Estates where a lot of children play in s the road. “These are all details we need to work out.” Although Halbing said he was shocked by the Supervisors’ de- cision, he said he still wants to work with the township and continue with plans to develop the subdivision. NEW, LOW RATES ON CONSTRUCTION LOANS! Our Construction Loan rates are lower than they've been in some time. Come to First Federal now to get your new house off the ground this summer. 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