Lower Mac Zoning Hearing Board Hears First Testimony in Jaindl Case

Lower Macungie Township’s Zoning Hearing Board absorbed its first testimony in the ongoing lawsuit between Jaindl Land Co. and the group of Lower Macungie Township residents who oppose the development of about 600 acres of township farmland.

The first order of business was to remove Thomas Streck and his wife, and Darlene Adonizio from the list of appellants because lawyers for both sides agreed the land they own would not be negatively affected by the proposed development, said William Royer, zoning hearing board chairman.

The remaining appellants include Gerald and Karen Kronk, Peter H. Kells; Ronald and Constance Moyer; and Joseph and Kimberly Castagna.

The first hour of the hearing was devoted to objections from the lawyers for both David Jaindl and the citizens’ group as they set up rules and objections before there was a word of testimony.

The purpose of the subpoenaed testimony was to establish the history of the township’s relationship with its farmland.

The township adopted a comprehensive plan in 1988 – when its population was half what it is today – that allowed for the preservation of acre after acre of farmland.

First to testify was Frederic Brock, a retired assistant director of the Lehigh Valley Planning Commission, who ultimately established that the 2010 amendment to the township’s zoning ordinance that allows Jaindl to propose the industrial, commercial and high-density residential development plan was a major zoning change for the township.

Olev Taremäe, chief planner of the Lehigh Valley Planning Commission, whose job involves routine use of both the Lehigh Valley and the Southwestern Lehigh comprehensive plans said the amendment to the zoning ordinance in question was not consistent with the advice of the Planning Commission.

Indeed, parts of  the amendment directly contradict the Lehigh Valley Comprehensive Plan, which is designed as a development guide for individual municipalities.

 “Parts of [Lower Macungie Township] are recommended for farmland preservation,” Taremäe said, “and the new ordinance would provide for extensive development.”

The advice of the Lehigh Valley Planning Commission is not legally binding, and it is not unusual for municipalities to ignore its advice, Taremäe added.

While Mark Malkames and Robert Rust, attorneys for the Zoning Hearing Board and the appellants, respectively, felt the hearing was at least a beginning of some progress, Joseph Zator, attorney for David Jaindl, disagreed.

“The testimony of the two witnesses was entirely irrelevant because what occurred in 1988 has no bearing on what occurred in 2010,” Zator said.

Testimony will continue at 6:30 p.m. July 25 in the meeting room of the Lower Macungie Township Building.