Jaindl Settlement Approved, Considered 'Better Than a Quarry'

In 4-0 vote, the Lower Macungie Township Board of Commissioners on Thursday agreed to accept and sign a settlement agreement ending three years of litigation that involved the BOC, David Jaindl and a group of six Lower Mac residents that came to be known as "the Appellants."

Commissioner James Lancsek was absent.

The terms involved compromise for all, but as Commissioner Ryan Conrad said before the final vote, "At least it's better than a quarry," which is what Jaindl originally said he would do with the land.

The denouement of three years of hearings, court dates, protests and rancor occurred earlier this year when the Appellants applied to the Pennsylvania Supreme Court to hear the case and Jaindl unveiled "Plan B," a much less developed version of the Spring Creek Development Plan than was introduced at the start.

The new plan, which Jaindl again described at the Thursday meeting, provides for rerouted truck traffic and 70,000 square feet of commercial development instead of the 443,00 square feet originally presented.

The residential changes presented in "Plan B" provide for a maximum of 400 homes—200 to be single family homes and 200 homes comprising a 55-and-older development—instead of more than 700 townhomes that would have put, some say, an enormous burden on the East Penn School District.

A few members of the Friends for the Protection of Lower Macungie Township, the grassroots group that supported the Appellants, spoke after the motion to accept the settlement was seconded.

"We gave you several opportunities to press the 'pause' button," said Jane Fretz, "We said we would fight, and fight we did, but you should have held [the plans] and Jaindl at bay."

"Your defense of the plan cost the taxpayers of the township $135,000. The new plan is not good, but it's improved....," Fretz said.

Ron Beitler said he believed in and appreciated the Appellants and their fight. He also expressed a couple of concerns later answered by Joseph Zator, Jaindl's attorney.

Commissioners also commented.

"I’m not happy with “Plan A,” I’m not happy with “Plan B,” nobody approved of any of these plans. Nobody likes them. But you know what? At the end of the day Plan B is better than Plan A," Conrad said, "Let’s put this behind us."

Commissioner President Ron Eichenberg defended the actions of the board.

"I've adopted an axiom in my business this year that 'nothing is easy,' and nothing is more true than as it applies to this settlement agreement.

"The line between my day job and this job is so blurred that I ca't tell the difference between them," Eichenberg said before paraphrasing a quote from Eleanor Roosevelt to do what's in your heart because people will criticize whatever you do.

"This plan is good for our township," Eichenberg said.

Commissioner Roger Reis took issue with Fretz's statement that the BOC cost the township $135,000 in legal fees.

"That was not us. I put the responsibility for the $135,00 in taxpayer funds squarely on the shoulders of the Friends group. I don't buy it for a minute that it's our fault," Reis said before echoing everyone's wish to move on.

Commissioner Douglas Brown pointed out that it will take years before the permits and approvals needed to make "Plan B" a reality. Indeed, the Spring Creek Development plan is yet to be approved because the commissioners want it to be available for the public to examine before it comes up for approval at the next board meeting at 7 p.m. April 18.

The Spring Creek Development plan is available on the township's website.