Franklin Township is in the process of negotiating the purchase for taking back land where a proposed 60-unit luxury apartment complex had been planned at Fairyland Road and Wagner Street.

Supervisors on Tuesday tabled acting on an agreement for settlement of condemnation proceeding and conveyance of real property by deed in lieu of condemnation on real property owned by Phifer Rentals LLC and located along Fairyland Road.

Before the vote, township solicitor Tom Nanovic noted, “It’s not ready,”

Resident Terry Shaner asked what’s the difference between the two.

Board Chairman Nick Storm said it’s all with the eminent domain.

Nanovic said, “We’re negotiating a purchase. We filed the eminent domain.”

“We’re working with the property owners to work an agreed upon settlement, and they’re going to give us the deed for the property.”

Shaner questioned that the township still hasn’t come up with a price.

“We are still negotiating,” Nanovic said.

Shaner then asked where they are at.

“Very close, that’s why it’s on the agenda,” Nanovic said. “We thought it would hopefully be ready tonight, a couple things came up in the last couple of days, so we’re not there yet.”

Shaner asked what kind of price the township was roughly looking at.

Nanovic said he was not going to discuss that.

Shaner asked if the other party still owned it.

Nanovic said “technically no,” and noted that the eminent domain was filed.

“So the only thing that has to be worked out now is how much we need to pay them,” he said, adding that typically what would happen is if they’re not able to negotiate a price, it would go to a board they would determine a price then it could be appealed to the trial court to determine a value. “We’re hoping to avoid that because the parties are negotiating for us to buy it to avoid the litigation.

“We’re very close which is why it was on the agenda,” he said. “We were kind of hoping to be able to approve it tonight, we’re not there yet.”

Shaner then asked if something happens over there, if it’s the township’s responsibility.

Nanovic said he wasn’t sure, and that with the condemnation, that’s why the other party hired a lawyer to handle that.

“We were hoping that this was going to be settled,” Storm said. “That there would be no questions.”

Supervisor Fred Kemmerer Jr. said they could come to terms soon.

Nanovic said that based on what needs to be done, it may not be in a couple days, and that while possible, it may be perhaps a bit longer.

Shaner then asked if the township has decided what it plans to do with that land.

“It’s continuous onto our current park system, so I would hope we could expand that,” Storm said. “Expansion would be my answer (as to) what we’re going to do with it.”

“Maybe a Dollar General,” Supervisor Leroy Kemmerer Jr. quipped. “Or a Family Dollar.”

Supervisors have been moving forward with taking back land where the proposed 60-unit luxury apartment complex had been planned at Fairyland Road and Wagner Street, since May when the supervisors unanimously ratified the filing of a declaration of taking, the next step in the condemnation process.

At that meeting, 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.

After that meeting, 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. 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, Pennsylvania Department of Transportation 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.