Franklin Township supervisors are moving forward with taking back land where a proposed 60-unit luxury apartment complex had been planned at Fairyland Road and Wagner Street.

Supervisors recently unanimously ratified the filing of a declaration of taking, the next step in the condemnation process, township solicitor Tom Nanovic said.

Resident Rod Green questioned why the township waited so long to pursue eminent domain after the developer had already invested significant time and money into the project.

“Why has it taken this long to go through when you had that developer come in and spend tons and tons of money,” Green said. “Why would it take so long, if you knew you were going to do it, why did you drag them through the coals.”

After the meeting, Supervisor Fred Kemmerer Jr. said the action effectively halts the project.

The development, proposed by Phifer Rentals, called for three apartment buildings on a 5.39-acre property. Developer Jay Cooperman previously said the complex could generate between $125,000 and $150,000 annually in tax revenue and noted the project had originally received zoning approval for 48 units in November 2024.

The proposal had faced months of review and resident opposition over traffic, water and sewer capacity, and recreation plans.

At a special meeting in March, supervisors voted 2-1 to grant the developer a 90-day extension through June 30 to submit revised plans. Supervisor Leroy Kemmerer Jr. opposed the extension.

During that meeting, Nanovic said township engineer Greg Haas would review the revised plans “top to bottom” to ensure compliance with township ordinances. Attorney Julie Bernstein, representing Phifer Rentals, agreed the township could conduct a full review as long as concerns were tied to applicable ordinances and laws.

Among the unresolved issues were required approvals from the Pennsylvania Department of Environmental Protection, PennDOT and the Carbon County Conservation District, along with a requested waiver from township regulations limiting developments to 12 dwelling units per single access point.

Residents had also raised concerns about the need for secondary access off Fairyland Road and the developer’s proposal to contribute money in lieu of building recreation amenities.