Davis Proceedings Continue With Argument

Last night’s hearing regarding the Addisville Commons/Davis Pontiac site application before the Northampton Township Supervisors was testy from the moment it began at 7 p.m. until it ended just after 10 p.m.   

About 40 people gathered in the Administration Building as attorneys both sides continued their discussion and proceedings. 

At the outset of this meeting, Mark Kaplan, who represents the applicant, the Dreher group, questioned why the township has its own legal counsel who weighs in on matters, asking questions of the expert witnesses. Kaplan insisted that having an attorney represent the township in a hearing raises serious due process questions. 

Attorney Thomas Smith firmly said he represents the township and township staff and they have the right to special counsel. 

Kaplan, nevertheless, persisted, stating “It appears the township has become an opponent of the application.”

“When we get to court, the judge will say the township is an ‘opponent,’” he threatened.

Getting the hearing started, attorney John Ryan questioned expert witness, traffic engineer Peter A. Terry of Benchmark Civil Engineering Services. One of a group of attorneys for concerned citizens opposing the plan, Ryan was attempting to find holes in testimony from the Aug. 4 meeting.

However, Kaplan repeatedly interrupted Ryan, objecting to his questions, insisting they were “leading,” thus forcing Ryan to rephrase question after question. 

Supervisors Chairman George Komelasky tried to be fair in his rulings on the many objections, stating more than once that the meeting needed to move along even as Kaplan threatened the board that he would take legal action if the meeting were not conducted to his legal expectations. More than once during the evening, Komelasky consulted Township Solicitor Barbara Kirk before ruling on a matter.

In his testimony, Terry indicated there are many incomplete areas in the testimony given at the last meeting by James Dimmerling, traffic engineer for the applicant.   Terry said Dimmerling’s report was incomplete, especially because it did not address traffic demand, only traffic count, and it did not consider that traffic count and demand will increase at the intersection of Almshouse Road and Second Street Pike when the Giuseppe's plan is developed.

Without copies of the report in front of them, it was very difficult for observers to follow the points Terry made, but he was insistent in his summary that information was missing from Dimmerling's report.

Three hours of testimony began to take its toll on attendees as more and more of them left the meeting as late hours approached.

Hearings will continue on Wednesday, Sept. 7, instead of Thursdays as originally planned. It will be in the same location.

No public comments have been permitted at the current hearings. When citizens may once again ask questions and express their opinions, the meetings will be moved back to Richboro Middle School.