Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Street Vacation topic
No spam. Unsubscribe anytime.
Council authorizes solicitor to begin Perkyman Street vacation process amid resident objections
Summary
A nearby property owner told the council she did not receive the notice required by Pennsylvania code 1731B and raised contamination and drainage concerns, but the council voted to direct the solicitor to begin drafting and advertising an ordinance to vacate Perkyman Street.
Emmaus Borough Council voted to direct the solicitor to begin drafting and advertising an ordinance to vacate Perkyman Street after the House Sanitation and Codes Committee recommended moving forward.
Kathy Low Williams, who identified herself as a nearby property owner, told the council she and her husband did not receive the notice required by Pennsylvania code 1731B for a street vacation and said they "have not agreed to any easement and we have no plans to grant an easement across our portion of that land." She told the council the developer had "threatened to clearcut the land unless we grant him an easement for a drainage system," and warned that part of the land lies in a floodplain and the water table is high. Williams said the site of the proposed vacation had formerly been industrial, that soil remediation was required, and that installing drainage could "mobilize contaminants and direct them onto our property."
The committee chair reported the developer (identified in committee discussion as Westerrom) agreed to pay the costs for drafting and advertising the ordinance. Chairman Brown told the council the committee voted 3–0 to recommend proceeding.
At the council meeting, Councilman Brown moved to direct the solicitor to begin the ordinance process; Councilwoman Watt seconded the motion. The motion carried with six ayes.
Council members and staff clarified at the meeting that tonight's action was to authorize drafting and advertising an ordinance, not to enact a final ordinance; required owner notifications, environmental inquiry and other procedural steps would occur if the council proceeds. The council did not take final action to vacate property at the meeting.
The issue remains unresolved: neighboring owners have formally objected citing Alabama/Pennsylvania statute 1731B (as stated at the meeting) and potential contamination, and the council has authorized the initial ordinance process that will include notice and further study. Next steps identified at the meeting include solicitor drafting and the required advertisement and owner notification before any final vote.
