Falling Creek Investments applied to Towamening Township Zoning Officer Christine Meinhart for a permit to build a state police barracks on three acres at the intersection of Sei Pike and Route 209. It was denied on the basis that what she interpreted as an office building cannot be built in a residential area.

Falling Creek appealed. The zoning hearing board met Aug. 15 to hear the appeal. Attorney Tom Nanovic represented the township and Attorney Marshall Anders represented Falling Creek.Sgt. Brian Cawley from the Lehighton State Police barracks attended to help zoners understand what is needed in a police station. That included a weapons room, a holding room until a prisoner can be moved to the county, communications equipment with an antenna, a fitness room, a bay to repair a car, and many more specialized rooms .There are 30 troopers at the current site plus three civilians - two dispatchers and a clerk, and that will be the number in the new building.Joe Plechavy, whose property abuts Falling Creek's, wanted to know why a new barracks was needed at this time.The present site has been in use for 30 years and is showing wear, said Cawley.Anders said a variance on impermeable ground cover was also being requested. On the lot 22 percent is permissible but Falling Creek wants 60 percent. Alternatively, if a variance is not given a permeable paving through which water passes could be used on the 38 percent that would not come into the 22 percent.The Department of Environmental Protection will review stormwater plans and the township engineer will decide if the permeable paving is acceptable under the zoning ordinance's "other material."The right of way and steep slope areas are taken from the total of three acres before percentages are applied. It will leave two acres of usable land.There will be a retention pond and infiltration beds.Civil Engineer Dominic Dipalo created the plan that was to be used for discussion. He said it is a generic floor plan with no offices.Nanovic said an expert was not needed to determine the definition of an office.Zoning Solicitor George Dydynsky said in his opinion an office is used commercially to obtain a profit.Zoner Don Bonett asked if sight distance has been checked. It will be a low volume driveway and there is more sight distance than required.Plechavy asked if Falling Creek was familiar with the amount of water at various times. It was not known, but it was repeated that DEP would review stormwater, which has to handle a two-year storm. Infiltration tests have been done.Charles Schmehl of Urban Research and Development said in his opinion an office building is for administrative and clerical work. The zoning ordinance does not define "office." He said when the meaning is not clear it is to be used in favor of the property owner.If the zoning board turns down the appeal, Falling Creek can go to the supervisors and request a conditional use which could be allowed in the residential zone.Salvador Melo, owner of the property, said he talked to Supervisor Penny Kleintop who said she wanted the barracks to remain in the township. However, Nanovic said a single supervisor cannot speak for the board of supervisors.Resident Joseph Wonderly, who lives across Sei Pike, was against it because he moved there for the scenery. Everett Behrens, at the corner of Sei Pike, is in favor because of the increased crime in the township.Zoner George Karas asked what kind of lease the police would have. It would be for 15 years with two five-year renewals. Zoner Larry Hahn asked if it was known what the building would be when the police moved out, but that is not known at this time.Dydynsky said the issue rests on the definition of an office. Anders said a police station is not an office. He said the zoning board had to decide if it was an office under the Towamensing zoning ordinance or if it is something else that would be permitted.The first vote of the zoners was on that issue and all three said it is an office.The second question is whether it is permitted in a residential zone. Each said no.All three voted against granting a variance for impervious cover.Would they grant a variance for 22 percent impervious and 38 permeable paving? Karas voted yes, Bonett abstained because he was not familiar with the material and Hahn said yes if the material was approved by the engineer.