LAWSUIT against Greenwich Twp

This is my blog, and I can write whatever I want to about this Appeal Lawsuit as filed by the developer …


Mockingly, I will address several items in the lawsuit as filed by JVI (the developer) against our township regarding the BoS’s decision to deny the warehouse plans. To recap, the Greenwich Twp BoS, after reviewing the preliminary plans, as approved by the Greenwich Twp Planning Commission as “ready to be reviewed”, decided that there are a number of outstanding issues in the plans and denied them.  Every item the BoS determined were safety issues or SALDO issues or Ordinance issues, with the exception of one, had been presented to the Planning Commission and the Board of Supervisors by us (the Krumsville Community) on several occasions throughout the course of the plan discussions from February 2017 to December 2017.  And I have all the meeting recordings to prove that statement.

As you read through the lawsuit, you will see numbers circled on the side.  These are my mocking comments!

1) Actually, JVI filed a “Sketch Plan” on October 11, 2016.  The “Preliminary Plan” was not filed until after the November 2016 review of the sketch plan by Berks County and Keystone Consulting Engineers.  So, already on page 2 of this lawsuit, the filing attorney has their information incorrect.

2) I had to listen to the meeting minutes recording (oh, yes!  I have every meeting from April until January recorded and saved.  Although our Township deletes their recordings after the meeting minutes are written up, I do not.  I have each one!)  Anyway, this is what they actually motioned. “To approve the plans to be submitted to the Board of Supervisors for review.”  So no, the lawsuit is incorrect, the Planning Commission did not “approve the plans”, they approved them to be submitted to the BoS for further review.  (And the PC really should not have approved them, as is later determined.  Keystone Consulting failed to review all the SALDO, all the ORDINANCES and all the PETITIONS as filed by Krumsville Community.)

3) REALLY?  OH MY GOSH!  Apparently, all the meetings with the PC and the BoS from March 2017 to August 2017, the developer sat at those meeting with ear plugs in their ears and their attorney was sleeping because (with the exception of one item) all the items that were the basis for the denial were discussed over and over and over.  We filed many petitions, complaints, documents and research to the PC and to the BoS regarding the “issues with the proposal”.  WHERE WERE YOU, APPELLANT?????

Funny story here, at the November BoS meeting, I have a photo of the one Keystone Consulting Engineer, sitting at the head table, with his head on his hand sound asleep.  Hey!  Thanks for paying attention while the developer tries to confuse the issues about this warehouse plan.

4)  Excuse me, please. The Krumsville Community brought the items before the BoS, who clearly stated they did not have the plans before them and those items would need to be brought before the Planning Commission … and so the Krumsville Community then attended the PC meeting two weeks later and submitted the items.  So yes, we did present to the BoS but they carefully never addressed the items at their table, they sent us to the PC table. We truly felt we were getting the run around at that point.

5) Uhm, no.  Please learn to  use a dictionary. The property is NOT “adjacent to the I-78 Krumsville interchange.” It is exactly .6 miles north of that interchange. And the road to the property from the I-78 Krumsville interchange directs traffic THROUGH the tiny village of Krumsville on a road barely wide enough to handle two traffic trailers passing side-by-side, and the five point intersection in Krumsville is NOT wide enough to allow for safe turning of tractor trailers (we have posted 52 videos regarding this intersection)

  1. 1.
    next to or adjoining something else.
    “adjacent rooms”
    synonyms: adjoining, neighboring, next-door, abutting, contiguous, proximate; More

  2. 2.
    (of angles) having a common vertex and a common side.

6) This cracked me up.  Why yes, I am such a scary person that when I ran against Alice for the seat opening up on the Board of Supervisors, I scared the BoS into listening to the Krumsville Community’s issues.  UHM, NO!  In fact, in listening to the meeting recordings, many times Victor and Harry stated clearly, and publicly, that they are totally reviewing the issues raised by the Krumsville Community but until the plans are presented to them by the Planning Commission, they cannot comment because they have not seen the plans.  Once again, the problem falls into the lap of Keystone Consulting Engineers (fondly referred to as KFC Knuckleheads) because they failed to thoroughly review the plans and they advised the Planning Commission inappropriately regarding the plans compliance. Now, I will state that I believe the PC also failed as they did not do their own research, as presented to them by the Krumsville Community (over and over and over)

7) Why yes, the BoS did (over and over) tell the developer that the five point intersection was going to become extremely dangerous when traffic for a warehouse was added to it and yes, they were VERY concerned about that.  Why KFC Knuckleheads agreed to the traffic studies, we will never know. (because they have since been fired by Greenwich Twp)

8) This is not true, they did not “preclude use”, they denied your plans as presented because there are defects in the plan against our SALDO, our Ordinances and public safety. In the denial letter the BoS slearly states that JVI is more than welcome to resubmit the plans after correcting all the issues to make the plan compliant.

9) Well, well, well.  Apparently you did not listen at THAT meeting, either.  Greenwich Township (at the time of the denial) did not have ANY firecode ordinances and as such, they chose to use the 2015 ICC Fire Code Appendix D.  And let me tell you, this was the topic of conversation at every meeting from the time the BoS received the plans because the developer’s proposed emergency access road was a joke and was not safe and would be compromised in several different ways (as the BoS presented to the developer over and over and over) And at that same meeting (and yes, this is recorded) the solicitor asked the local fire chief if the emergency access design was safe and appropriate and the fire chief clearly states that “No, it is not.”  WAKE UP!

10)  HA HA HA HA HA HA HA … Really? Oh my gosh.  PennDOT contacted us, the Krumsville Community, regarding a letter and petition we sent to PennDOT about reviewing the intersection as a safety issue in the HOP process.  They contacted us, the Greenwich Twp Board of Supervisors and the Developer to attend this PennDOT meeting. There was nothing secret about it.  I did stand up and say I was hesitant to have this meeting with the Board of Supervisors and the Developer in attendance because I did not feel that their presence would allow us the full attention of the PennDOT representatives.  However, this meeting was never a secret.

11) The BoS requested those PennDOT documents at the December 4th meeting and the developer could not produce “the alleged” documents.

12) And a second opinion is not allowed, why?

13) Amazing, I was never privvy to any private meetings, private conversations, or aware that there WERE any private anything.  Everything that the Krumsville Community had to do with the BoS and the PC were done at the public meetings.  All documents, complaints, petitions, etc were all presented at the public meetings.  So, what did I miss out on????

14) Oh no no no … the Krumsville Community presented inches of “expert testimony” in the forms of research, documents, PE Sealed engineer reports and a one meeting, the Krumsville Community did bring two experts to discuss the research and we were not allowed to have them speak.  Oh, and let’s talk speculation for a moment.  The entire warehouse plan and developer submitted traffic reports, etc are all “speculation”.  Until the warehouse is built and in full function, everything leading up to that is speculation and supposition.

Staying diligent

We have an official denial letter from our BoS to the Warehouse Developer. denialletter_121517

While this is a huge win for us, the residents, this is not the end.  This is simply the beginning of a new path.  The developer/land owner will file a lawsuit hoping a judge will over turn the decision. We will stay on top of the legal process and stay involved.  It is important to to show the courts that we stand behind our BoS’s decision!

In other news, I have sent a letter to PennDOT regarding our November meeting.  They promised to get back to us on our concerns about tractor trailer traffic being forced through the Krumsville intersection.  To date, we have not received a response from them.  We HAVE to stay on top of this and get an answer from them.  This intersection cannot handle this kind of traffic and PennDOT needs to recognize that and put a limit to any HOP they would issue to the industrial and commercial properties north of I-78 through that intersection.

Most Dangerous Highway in Pennsylvania

On November 28th, The Morning Call published an article on our stretch of highway from Lenhartsville to New Smithville.

PennDOT is getting ready to launch a $175 million reconstruction project along a dangerous 8-mile stretch of Interstate 78 known for its heavy truck traffic and unusually high rate of traffic fatalities.  In a 2014 study, the state estimated about 45,000 vehicles traveled that portion of the highway daily — with tractor-trailers making up about 35 percent of that figure. The study found the 8-mile section had 71 percent more crashes than other Pennsylvania expressways. Its fatality rate was 40 percent higher than elsewhere in the state, according to studies cited by PennDOT.

At our November 3rd meeting with PennDOT, this fact about the dangerous ten mile stretch of the I-78 corridor was brought up over and over and we listed out all the highway closures in the past year, the fatalities, the complete closing of both sides of the highway which puts traffic detoured onto Old 22 …


Let’s talk about that for a moment.  In 2014 there were 45,000 vehicles through this stretch of highway, approximately 16,000 of those being tractor trailers.  Well, that is before the New Smithville Warehousing community was built.  That was before they finished the six million square feet warehouses in Fogelsville.  And where is a new study showing that those numbers are probably half again as many now, as we near to 2018, and the amount of tractor trailer traffic is probably closer to 50 percent.

We have repeatedly asked for a PennDOT traffic study on our intersection.  I believe they need to do a traffic study on the highway, especially now that it will be under construction for four years, causing clogging and backups and more accidents as people impatiently try to get through the construction.

But adding another 2,000 vehicles, right in the middle of all this, for warehouse traffic, will not be a problem.



WTF, Luigi???

Apparently, someone doesn’t know what is going on. (from Facebook 11-08-17)

Oh, and who is Oscar Kleinsmith, you may ask?

Shall I try to get on the Planning Commission as an appointment????  I’m sure that the current BoS will *NOT* give *ME* that appointment.  LMFAO.

Wanna know the real kicker to this?  Prior to the election, one of the BoS members was telling the story around town that the reason the plans were getting approval so fast was because I kept feeding them all the problems that were wrong with it and they kept fixing it.


The problems that are before the BoS now should have been caught while it was being reviewed by the Planning Commission and the engineers.  They did not do their job properly.

End of discussion.

What can we do now?

Just because something “CAN” be done, does not mean it “SHOULD” be done.  I am still working on your behalf, fighting the warehouse project…fear not!

The Nov 6th BoS meeting went very well (and relatively quietly, residents were very restrained!)

I spent a cold day the next day (November 7th) at the Greenwich Township building talking to people coming to vote at the polls. The temperatures started in the mid 40’s and slowly dropped all day as the snow came in, with a strong wind behind it. It changed to rain and the temperatures held fast at 38 for the rest of the day with a stiff breeze pushing a mist on us under our canopy.

I met a lot of people who were supporting us in our efforts to stop the warehouse. I shook a lot of hands. I had wonderful conversations with Joyce Dietrich and Dean Spohn, who were also spending the blustery, snowy, rainy day at the building.


Going forward I will not allow anyone to talk down to Joyce at a meeting.  This woman, whom I have no idea how old she is, but she is up there in age and she’s not healthy, sat in a chair, with a voting board, to talk to all the voters on several issues up for vote. She smiled all day, even when her face was so cold she couldn’t barely move it. She answered questions. And she did it all without a single word of complaint.  NOT ONE WORD!

I am glad that Dean Spohn has won the election and will be sitting in the chair currently held by Harry for the next six years.  Dean had a lot of knowledge about our township and its issues. He ran for this position for all the right reasons. He will make a strong voice for the residents and we need to use that voice so that we are heard on any issue that may arise in the future.

While I am sad that I did not win the two year seat, I do know more about Alice now than I did prior to the election.  I can now become more involved in Greenwich Township on this side of the table, the residents can learn more about me, and I can run for that position again in two years.  Hopefully, it will mean I have more support from the community and I can do a proper campaign. As you know, I ran at last minute (literally 30 days before the election, urged by my fan club, I presented myself as a write-in candidate.)

The Board of Supervisors meeting on November 6 went very well. (click this link) After eight months of us beating on the BoS and PC with documentation, studies and ordinance review, they finally balled-up and paided attention.  Our attorney’s had conversations with their attorney and the information we had been uncovering by our engineers was brought to the table, outside of their engineers. (Note, I stand firm. Keystone Consulting Engineering has to go. They are not doing the job they are hired to do … unless the township hired them to “look” incompetent, to throw the developer off their game. ???)

We still have a lot of work to do.  It is not over. We are doing all we can to stop it.  Our attorney’s are working hard for us. They have attended the last two Board of Supervisors meeting and they have been developing a strong strategy for going forward should the BoS vote “yes” on the preliminary plans.

And we still need to pay them, so if you have not donated funds, please please please consider sending me a donation towards their fees.



New Promise Farms LLC

dba Any Pet Groomed

But it’s not about the business!  It’s about the FUN!  It’s always about the fun in my world.  If it’s not entertaining, then why bother.  That is my life motto.

And boy, can I find entertainment in the strangest places.

My BLOGS about the Crossroads X Project are boring, but they are a big part of my life right now.  This project directly affects the residents in Greenwich Twp, specifically those living in Krumsville (like me) so I have become involved.  A warehouse in Fogelsville isn’t entertaining, so I don’t bother.  A warehouse in my backyard, HOWEVER, is entertaining so I have jumped in with both feet.

My Endurance Riding stories (on the other hand) are not boring.  In fact, most of them contain a minimum of one, but usually more, misadventures.  So read them and have some fun at my expense.

And look for me on Facebook because I always have something fun going on there, every day!