EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
Chairman Cuyler H. Walker called the regular September meeting to order at 7:30 p.m. in the Township Building, with a pledge to the flag. Board members Robert F. Weer, Eddie G. Caudill, and Richard E. Hicks were also present, as was Solicitor Fronefield Crawford and Engineer James Hatfield.
Minutes of August 1, 2005. By unanimous vote (4-0), the Board approved the minutes as prepared.
Rockford Crossing Estates – Escrow release # 9. By unanimous vote (4-0), the Board approved the release of $18,724.39, as recommended by Jim Hatfield.
PUBLIC COMMENT PERIOD.
Jeff Fries gave a status report on the Unionville Recreation Fields, reporting that the stormwater plans have been implemented, bathrooms are scheduled for construction, the mounds will be removed from the girls’ fields, new fencing will be installed, and advertising signs are proposed to be placed on the inside of the fence, not visible from the street.
Barnsley-Auman Conditional Use Order. Mr. Walker gave a summary of the application and the ordinance provisions regulating the request. Mr. Hicks noted that he would not vote on any part of the Order, because of a concern about a conflict. The following items were considered on an individual basis; each was approved by a vote of 3-0, with one abstention:
#1- dealing with plans as presented, #2 – providing for only two as the maximum number of veterinarians and only two offices, #3 – noting the historic proposal for the architecture, with predominately stone and brick, #4 – providing for state of the art soundproofing, #5 – stipulating hours of operation and providing that all animals in the kennel be in need of veterinary supervision, #6- providing that exercising animals be only within fenced area, #7 – providing for a maximum of 20 animals, and the kennel not be advertised as a boarding kennel, #8 – stipulating that if owners seek Zoning approval for an accessory apartment, it must be occupied by a veterinary staff member, and not available for outside rental, #9 providing for 14 parking spaces, with area reserved for future parking, and the entrance drive limited to 16 feet in width, #10 – regulating hours and days of trash pickup, #11 –providing for vermin-proof containers for all trash and compliance with environmental regulations, #12 – limiting signage to 2 by 3 feet, #13 – requiring “Best Management Practices” for all stormwater facilities as well as Post-construction Management Plan for continued maintenance, # 14 – providing for preservation of trees and protection of all tree masses of 4” caliper, or greater, #15 – requiring submission of a landscape and lighting plan, including ground-level lighting,
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#16 - requiring traffic impact fee of $3600, and #17 – and emergency services impact fee of $2,000, #18 – requiring replacement of existing drain pipe under Mill Road, clean out of sediment in stream, # 19 – requiring posting of construction guarantees, and #20, reimbursement of limited Township expenses.
Following the vote on each individual item, the Board voted unanimously (3-0, with Mr. Hicks abstaining) to approved the entire order. Corrections will be made to the draft and signed copies circulated.
Brusters Ice Cream Shop. Carrie Brown, Esq. and P.J. Close of Kelly Engineers represented the applicant, Mr. Giorno in requesting interpretation of the Zoning Ordinance regarding classification of the proposed facility. The applicant will either a) submit data showing that “retail store” should apply, since most of the goods are sold subject to being taken off the site for consumption elsewhere, or “take-out restaurant” should apply, since most of the product is sold to be consumed on or near the site. Applicant was advised to file the Conditional Use application; no further action was taken.
Beiler-Campbell Preliminary Plan. P.J. Close from Kelly Engineers represented the request for preliminary plan approval for the land development plan for 66,000 square feet of office and restaurant or retail space. The applicant had also purchased additional land on Bayard road, which provides for both an additional access point, as well as two residential dwelling units, both of which will connect to public sewer. Mr. Close requested waivers from: Subdivision and Land Development Ordinance, Section 502.C.13 – shadow analysis, and Stormwater Management Ordinance, Section 302.B – dealing with volume of run-off. The Board voted unanimously (4-0) to approve the preliminary plan, consisting of 12 pages, and last revised August 11, 2005, subject to the following conditions: a) all items detailed in the August 24, 2005 letter from VanDemark & Lynch, as well as all recommendations of consultants Glackin Thomas Panzak. URS, Corp., and Traffic Planning and Design, including a notation on the plan that the Bayard Road access point be monitored for three years, and modified, if necessary, at the expense of the developer. Other terms of approval include all items in the Conditional Use Order of April 5, 2004, including the payment of fees. It was noted that if the applicant desires deviation from the front-yard landscaping, it would be necessary to seek a variance from the Zoning Hearing Board.
Unionville Pathways. Fourteen easement have already been signed, providing for the pathway along Route 82 in Unionville. The School District is looking into the language and one property owner, Iris and Eugene Coggins have not responded to the request for the easement. By unanimous vote (4-0), the Board approved Resolution 05-15, authorizing condemnation of two separate areas on the Coggins tract, if an accord is not reached with the Coggins.
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Retirement System – Minimum Municipal Obligation. The Board took note of the calculation of the 2006 obligation of $60,201 for pension funding.
Willowdale Crossing Open Space. By unanimous vote (4-0), the Board approved the waiver of past taxes for the open space in the Planned Residential Community, in accordance with action of Chester County.
Bills. By unanimous vote (4-0), the attached list of invoices was approved for payment, with each supervisors abstaining on any item with a perceived conflict of interest.
Treasurer’s Report. By unanimous vote (4-0), the Board accepted the attached report.
Landscaping for the Middle of the Roundabout. Several groups have requested permission to provide landscape maintenance for the new roundabout. The Supervisors decided to accept plantings, but declined to permit any individuals to work in the area.
The public meeting was adjourned at 10:02 p.m., at which point the Supervisors went into executive session to discuss land acquisition.
EAST MARLBOROUGH TOWNSHIP
Jane R. Laslo, Manager/Secretary