Franklin Township supervisors granted a 90-day extension for a proposed 60-unit luxury apartment complex, giving the developer until June 30 to submit revised plans.

At a special meeting Monday, the board voted 2-1 to approve the extension, with Supervisor Leroy Kemmerer Jr. opposed. The vote followed a nearly 30-minute executive session.

Before the board acted, township solicitor Tom Nanovic sought clarification from attorney Julie Bernstein, who represents Phifer Rentals, on how the revised plans would be reviewed. Nanovic said the extension letter should clearly state the June 30 deadline.

He also said the township’s engineer, Greg Haas, would be reviewing the revised plans “as though they’re brand-new plans for him to review.”

Bernstein pushed back on the wording, saying the plans would be a resubmission, not an entirely new application.

“I mean we’re providing an extension to continue with the application that was previously submitted,” Bernstein said. “So when I hear you saying submission, I’m hearing this is a new application but it’s not a new application.”

Nanovic said the township is not treating it as a new application, but that Haas would review the revisions from the beginning to ensure full compliance with township ordinances.

“They’re going to be revised plans, we’re not going to be considering it as a new application,” Nanovic said. “Now what he’s indicated, what our understanding was an hour ago, was you agreed that our township engineer would review these as new plans and as long as he reviewed them against the law, you would not have an issue.”

Bernstein said she did not object to Haas conducting a full review under the township’s Subdivision and Land Development Ordinance.

Nanovic said such a review could include items not raised by the previous engineering firm.

“That may include things that were not previously included in Carbon Engineering’s review letter,” he said.

Bernstein said she was fine with that, as long as the concerns were based in township ordinances and requirements.

“If it’s drawn directly from the SALDO and it’s something that we’re obligated to comply with, I do not have any issue with him bringing that to our attention,” Bernstein said.

Nanovic said the review could also involve “related relevant ordinances or laws,” and Bernstein agreed.

“Local municipal ordinances are what I think we’re trying to come in compliance with here,” she said, adding the project is also subject to state agency approvals.

Earlier in the meeting, supervisors again discussed the need for a secondary access off Fairyland Road. Bernstein requested a 60-day extension on several occasions.

“We just ask you grant our requested extension so we can move forward,” Bernstein said. “That’s why we’re here tonight, is to seek an extension.”

Nanovic then asked the board to consider what harm there would be in granting more time.

Bernstein said the extension benefits both sides by allowing the applicant time to revise the plan and the township engineer time to review it.

Supervisor Fred Kemmerer Jr. said he wanted to ensure Haas had the ability to review the project “top to bottom.”

The proposed development would be built on a 5.39-acre property at the southwest corner of Fairyland Road and Wagner Street and calls for three apartment buildings.

Developer Jay Cooperman previously estimated the complex could generate between $125,000 and $150,000 annually in tax revenue. He said the project originally received zoning approval for 48 units in November 2024.

In January, supervisors held a three-hour special meeting so Haas, the township’s new engineer, could review the project and address unresolved subdivision and engineering issues. Those included required approvals from the Pennsylvania Department of Environmental Protection for a sewage planning module, a PennDOT highway occupancy permit for the proposed driveway connection to Fairyland Road, and approvals from the Carbon County Conservation District for erosion and sediment control, along with a stormwater permit.

Township regulations also limit developments to 12 dwelling units per single access point. Because the plan proposes 60 units, the developer has requested a waiver. Other waiver requests include curbs around parking areas, which the engineer previously raised no objections to.

The plan designates 1.3 acres for recreation, exceeding the township requirement of 1.078 acres.

Residents have raised concerns about water and sewer capacity, increased traffic, and the proposal to pay money to the township in lieu of providing recreation amenities.