EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
Meeting of the Board – March 5, 2018
Chairman Richard Hannum, Jr. called the public meeting to order at 7:00 p.m. Those in attendance included: Supervisors John Sarro, Julia Lacy and Bobby McKinstry as well as Solicitor Frone Crawford, Engineer Jim Hatfield and Planning Commission Chairman Cuyler Walker.
Pledge of Alliance and Public Comment Period. East Marlborough resident Shelley Mincer asked the Supervisors to consider adding a dog park to the Unionville Park. Mr. Resident Lou Kintner responded that he hoped there would be a public discussion on the proposal before a decision is made on adding a dog park. Unionville resident Jack Greenwood read a prepared statement on the damage that trucks are doing to structures in the Village of Unionville. He also asserted that noise and vibrations caused by the trucks are detrimental to the health of Village residents. He asked the Supervisors to consider limiting the size and weight of trucks on Route 82 from East Doe Run Road through Unionville based on the following reasons: Damage to roads, damage to the historic buildings, noise and air pollution and the safety of pedestrians.
Minutes of February 5, 2018. The minutes were approved by a vote of 4-0.
Escrow Release #1 for Marlboro Springs. Based on the recommendations of Engineer Jim Hatfield, the Supervisors voted 4-0 to release $7,184.80 from the construction escrow for Marlboro Springs.
Escrow Release #5 for Phase II of Walnut Walk. Based on the recommendation of Engineer Jim Hatfield, the Supervisors voted 4-0 to release $63,920.10 from the construction escrow for Phase II of Walnut Walk.
Request for Road Closures for Longwood Fireworks Displays. Chris Benvento, VP of Guest Services and Greg Papernik, Director of Public Safety for Longwood Gardens, requested the closure of Conservatory and Longwood Roads on the following evenings for fireworks displays at Longwood Gardens:
Saturday, May 26
Sunday, July1
Saturday, July 21
Saturday, August 11
Saturday, September 1
Saturday, September 29
The Supervisors approved the request with a vote of 4-0.
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March 5, 2018 cont.
Toll Brothers/Pratt Development Plans. Ms. Alyson Zarrow with Buckley, Brion, Hollin & Colegreco represented Toll Brothers and asked Mr. Andrew Semon, Division President of Toll Brothers, to present the plan to the Supervisors. Mr. Semon informed the Board that Toll Brothers had appeared before the Planning Commission to get guidance on a number of issues but the Planning Commission referred the items to the Supervisors. The issues are below:
- Active Recreation Area – Mr. Semon said the current plan shows 2 acres of active recreation on the West Side of Route 82 as well as 5 acres on the parcel on the East side of Route 82. Assuming that the acreage on the East side of Route 82 is going to remain open space and potentially donated to the Township, the Planning Commission recommended that the active recreation areas should be changed to passive recreation areas on both sides of Route 82.
Mr. Hannum inquired whether walking trails were considered active recreation. Mr. Walker said that under the Ordinance Active recreation was defined as group activities such as ball fields and/or courts. Mr. Crawford suggested that Toll Brothers could be asked to contribute to a fund for future recreation uses of the open space on the East side of Route 82 in exchange for waiving the requirement for active recreation.
Mr. McKinstry indicated that perhaps BikeKennett would be able to link their trail to the open space. Mr. Sarro asked if Toll Brothers intended to install a walking path through the neighborhood on the West side of 82. Mr. Semon said they intend to use a spray irrigation system to manage their storm water so a walking trail through that part of the property would be difficult.
The Supervisors supported the recommendation to revise the development plan to show passive active recreation space on both sides of Route 82.
- Pedestrian Crossing and sidewalk – Mr. Semon asked the Supervisors for guidance on the location of the sidewalk and crosswalk. Toll Brothers would like to place the sidewalk along the East side of Route 82 to avoid grading on the West side. Semon said the sidewalk would go from one side of the property to the other. Mr. Crawford stated that they could make off-site improvement to extend the side walk from the nursery property to Willowdale Town Center. He offered that Toll Brothers may need to obtain an easement from Willowdale Chapel in order to go in front of the old Chapel.
Numerous residents voiced concern about the traffic study that had been done by Toll Brothers to determine what impact the 42 homes would have on Route 82. The study had been completed in July and assumed there would be two full
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March 5, 2018 cont.
access entrance points. Jerry Baker, East Marlborough Township’s traffic engineer, provided a review of the traffic study and offered the following opinions:
- A left turn lane may be warranted for the northbound land of Route 82;
- The crosswalk presents challenges if placed at the intersection but also if it is placed mid-block;
- The Township should explore lowering the posted speed limit to 35 miles per hour if there is a crosswalk;
- Flashing warming lights may be necessary for the crosswalk;
- The traffic study completed in July did not account for traffic generated by the nursery so it needs to be redone;
- The new count should be taken when school is in session, should include totals assuming two entrances as well as with only one entrance, include pedestrian counts and take place over a 24 hour period.
Toll Brothers agreed to conduct a new traffic study.
- Toll Brothers requested a waiver for the 150’ requirement for the proposed loop road within the development. The current plan show a 120’ loop road which would allow the developer to position the homes as far away from Chalfont Road as possible. Jerry Baker offered that the speed limit would have to be reduced to a maximum of 15 or 20 miles per hour if the waiver was granted.
The Supervisors indicated a 120’ loop road would be acceptable.
- Toll Brothers requested a waiver to use laid back Belgian Block for the curbs rather than a rounded concrete curb. Semon stated that the installation costs would be higher for Toll Brothers but it would greatly improve the aesthetics of the neighborhood. Mr. Semon stated the Fire Chief had reviewed the plans and found the design to be acceptable to the Fire Company. Toll Brothers intends to dedicate the roads to the township. When questioned if there were other areas in the township that have Belgian Block curbs, Public Works Director Simpson stated there were other areas and the use of the material did not cause additional maintenance requirements.
The Supervisors indicated the use of Belgian Block was acceptable for the curbs in the neighborhood as long as they were positioned to allow for EMS vehicles to cross them if necessary.
Toll Brothers requested a waiver on the amount of street lighting that is required by the ordinance. Mr. Semon said the Planning Commission recommended that
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they eliminate the street lighting within the development and only have a light at the intersection and at the crosswalk. The neighbors in attendance were in favor of limiting the light pollution that would be cause by the development.
The Supervisors indicated support for eliminating the street lighting within the development but would require the crosswalk to be illuminated.
East Marlborough resident Dave Smith acknowledged that Solicitor Crawford had prepared a legal memo which stated that the Toll Brothers plan was compliant with the Zoning Ordinance requirements for Cluster Zoning. Mr. Smith questioned whether the placement of the open space met the intention of the Ordinance which specifically notes that the open space should be among and between the clusters of homes. He also doubted that the developer could provide for safe passage from the clusters to the open space. Chairman Hannum stated that the Supervisors were eager to hear what solutions Toll Brothers will incorporate into their plan for a pedestrian crossing.
Toll Brothers indicated they would revised their plan based on the Supervisors feedback and resubmit it to the township.
CJK Plan Modification. John Jaros represented CJK Investors the developers for a 150 unit townhome project located on Schoolhouse Road. Mr. Jaros stated that the developer had received Conditional Use approval on 8/1/2016 and Plan Approval on 12/4/2017. The Investors for the project are selling to Ryan Homes for construction and Ryan’s models have slightly different dimension than the models that were approved on 12/4/17. Solicitor Crawford reviewed the changes and suggested the Supervisors could modify the Conditional Use Order without having to reopen the hearing. Engineer Jim Hatfield offered that the changes would be minimal and would not drastically change the appearance of the development. Approximately ½ of the units would be slightly larger than originally approved but ½ would be slightly smaller than originally approved.
The Supervisors approved the change in design with a 3-0 vote with Mr. McKinstry abstaining because he was a party to the Conditional Use hearing.
Mr. Jaros also asked the Board of Supervisors to support the developer’s request to install at three-way stop sign on Schoolhouse Road at the entrance to their development. Mr. Jaros said they were unable to obtain the temporary construction easement from Mrs. Wendy Greer that was needed for them to re-profile Schoolhouse Road. Mr. Baker stated that given the circumstances a 3-way stop sign would be an acceptable solution to the sight distance issue.
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East Marlborough resident Dave Adamson inquired that with a stop sign would it would be possible for the developer to move the Boulevard entrance so it didn’t encroach upon the Feeney Estate property, Mr. Jaros said they would review it and if possible would move the entrance.
Mr. Jaros requested the Supervisor approve the installation of a 3-way stop sign on Schoolhouse Road and grant a waiver from the 30’ turning radius to allow for a 25’ radius which would prevent the encroachment into the Right of Way on the Feeney property.
The Supervisors voted 3-0 with Mr. McKinstry abstaining.
HARB Certificate of Appropriateness for 1668 W. Doe Run Road. HARB Chairman Doug Mooberry stated that the homeowners had begun construction prior to applying for a building permit or review from the HARB, however, once they were aware of the process they complied with codes. HARB recommended the Supervisors issue a Certificate of Appropriateness for the alteration. The Supervisors voted 4-0 to approve the certificate.
Outdoor Garden Center at Walmart.
The store manager for the Walmart on Schoolhouse Road requested approval to install an Outdoor Garden Center which would be located on the eastside of the store in the overflow parking area. The area would be approximately 230’ x 54’ to display plants, soils, mulch etc. The proposed hours of operation are 7:00 a.m to 10 p.m. from April 15th to August 15th.
The Supervisors approved the request with a 4-0 vote.
Kennett Run Road Closure. Chris Daney, Chairman of the Kennett Run, requested permission to close N. Walnut Road from the Township Line to Route 926 to all vehicle traffic on Saturday, May 19th from 7:30 a.m. to approximately 11:00 a.m. The Supervisors voted 4-0 to approve the road closure.
TNT Fireworks Sales Outlet. Ms. Debbie Ivins requested permission to erect a tent in the Walmart parking lot to sell PA Legal Fireworks for a 10-day period from June 24 to July 5th. Ms. Ivins informed the Supervisors that Aerial Rockets are now permitted in PA and the business would include those items. The Supervisors approved the request for a temporary sales outlet with a 4-0 vote.
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Citadel Bank. Representatives from Citadel Bank requested relief from the Conditional Use Order that had been issued for the previous owner of the commercial site, TD Bank, which required the use of brick and green roofing to construct the building to keep the building similar in design with the surrounding area. Citadel Bank uses a specific building design to brand their branches which includes a stone façade and a curved burgundy roof. After reviewing the conceptual photos of the building the Supervisors voted 4-0 to revise the Condition set in the Conditional Use Order to allow for stone and burgundy roofing on the Citadel Bank building.
Quraishi Conditional Use Order.Mr. Hannum read the Order for the Conditional Use Hearing to change the use of business located at 940 E. Baltimore Pike from a Brewster’s Ice Cream Parlor to a Medical Office for Dr. Uzma Quraishi. Mr. Sarro indicated he had a prior relationship with the applicant and asked Solicitor Crawford if he needed to excuse himself from the decision. Mr. Crawford advised that since they no longer have a business relationship Mr. Sarro would not have a conflict voting on the decision.
The Supervisors voted on the following Conditions:
- The use and development of the Property shall be substantially in accordance with the testimony and exhibits presented by the Applicant during the hearing.
The Supervisors voted 4-0 to approve the Condition.
- There shall be 10 regular parking spaces and 2 handicapped parking spaces, for a total of 12 parking spaces. The asphalt for the remaining 12 parking spaces shall be removed and the area landscaped.
The Supervisors voted 4-0 to approve the Condition.
- Applicant shall comply with findings of fact 13 dealing with storm water management on the Property.
The Supervisors voted 4-0 to approve the Condition.
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- Applicant shall obtain land development approval from this Board for the project. However, Applicant shall be entitled to obtain a temporary certificate of occupancy upon satisfactory completion of the proposed modifications to the building Thereafter, Applicant shall obtain land development plan approval and complete the site improvements required by this Order and the approved land development plan, including but not limited to the removal of all but 12 parking spaces and any necessary improvements to the storm water management system. Upon completion of the required site work, a permanent certificate of occupancy may be issued.
The Supervisors voted 4-0 to approve the Condition.
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- Applicant shall comply with findings of fact 9 and 10 with respect of removal of solid waste, including medical waste.
The Supervisors vote 4-0 to approve the Condition.
- Applicant shall comply with finding of fact 11 with respect to deliveries.
The Supervisors voted 4-0 to approve the Condition.
- Applicant shall comply with all other applicable rules, laws and regulations including the requirements of the Township’s Subdivision Land Development Ordinance and applicable provisions of the Storm Water Management Ordinance, unless specific waivers are granted by the Board of Supervisors during the course of the land development plan review.
The Supervisors voted 4-0 to approve the Condition.
- This Board of Supervisors reserves the right to make such modifications to the project as may be requested by the Applicant, and as Board of Supervisors deems to be in the public interest, without the necessity of reopening the conditional use hearing.
The Supervisors voted 4-0 to approve the Condition.
- Applicant shall, within 60 days of date hereof, reimburse the Township for Township expenditures related to the Application including fees paid to the Township
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- Solicitor, and the cost of the court reporter appearance and transcript in the amount over and above the initial application fee.
The Supervisors voted 4-0 to approve the Condition.
The Supervisors voted 4-0 to approve the Conditional Use Order.
Public Works Update.Public Works Director Jeff Simpson updated the Supervisors on a few upcoming projects, specifically, repair/replacement of two bridges one on Poplar Tree Road and the other on E. Locust Lane. The one on Poplar Tree will require a total replacement. Due to the floor plain the project will require a DEP permit and full engineering which will cost roughly $35,700. In addition, the inspection report for the E. Locust Lane Bridge showed that 3 out of 6 concrete beams need to be repaired. The estimate to repair this bridge is $67,270. The 2018 contained $60,000 for bridge repair so the costs will have to be spread over the next two years.
There are curbs in Willowdale Crossing that need to be replaced. Roughly a third of the needed repairs will take place in 2018 with the remainder spread over the next two years.
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Mr. Simpson presented the following contracts bid through the Southern Chester County Municipal Co-Op:
Line Painting – Awarded to Alpha Space Control for $28,968.20
Stone – Awarded to New Enterprise Stone & Lime Company for $35,990.25
Black Top – Awarded to Allan Myers DBA for $5,645.50
Road Oils – Awarded to AMS for $10,625.00
The Supervisors approved the contract with a 4-0 vote.
Mr. Simpson also updated the Supervisors on his desire to purchase the following items:
- a new mower for the park for $10,065,
- A snowblower from Unionville Lawn Care for $1,500
- A leafblower to use on gravel roads from Unionville Lawn Care for $1,500
Mr. Simpson would also like to see a road bank mower that is not being used to Pennsbury Township for $8,500.
The Supervisors approved the purchase and sale with a vote of 4-0.
Safety Committee. Mr. Sarro updated the Supervisors on the efforts of East Marlborough Township’s Safety Committee. The requested estimate had been received from McMahon & Associates to install raised crosswalks at the URA ballfields and at the Unionville Park. The estimate was roughly $13,000 for the engineering and bid documents with construction costing between $50,000 – $100,000 depending on drainage, etc. Doug Mooberry representing the Safety Committee requested that the Supervisors refer the matter back to the committee for additional recommendations. Numerous residents from the Village of Unionville spoke to the need for additional measures to address speeding through the village.
Environmental Advocacy Committee. Mr. Crawford asked the Supervisors if they would like to proceed with scheduling a hearing to discuss the proposed Ordinance 2018-01 to create an Environmental Advocacy Committee in East Marlborough. The Supervisors asked Mr. Crawford to advertise the hearing which will take place immediately prior to the April 2nd Board of Supervisors meeting.
Bills. By a vote of 4-0 the Supervisors approved payment of invoice with the following totals: Ms. Lacy recused herself for the vote on the URS & AE Com invoices due to a conflict.
General Fund: $ 97,125.78
Payroll: $ 49,817.00
Sewer Fund: $ 24592.98
State Fund: $ 28,283.30
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Unionville Park: $ 71.01
Treasurer’s Report. By avote of 4-0 the Treasurer’s Report was accepted as submitted.
The public meeting was adjourned at 10:50 p.m., at which point the Supervisors went into Executive Session to review a legal matter.
Respectfully submitted,
Laurie Prysock, Township Manager
EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
AGENDA – March 5, 2018 – 7:00 P.M.
Subject to change
- Call to Order and Pledge of Allegiance
- Public Comment Period
- Approval of Minutes of February 5, 2018
- Marlboro Springs Escrow Release #1
- Request by Longwood Gardens for Fireworks Display
- Toll Brothers/Pratt Preliminary Plan Discussion
- CJK Plan Modification represented by John Jaros
- Walmart request for temporary Outdoor Garden Center presented by Crista Briceland
- Road Closures for Kennett Run by Chris Daney
- TNT Fireworks Sales Tent at Wal-Mart presented by Debbie Ivins
- Citadel Bank Plan Discussion
- Quraishi Conditional Use Order
- Public Works Update by Jeff Simpson
- Road Contracts for stone, line painting, road oils, and black top mixes.
- Purchase lawn mower for the park
- Purchase Snow blower and leaf blower from Unionville Lawn Care
- Sell road bank mower to Pennsbury Township
- Engineering estimate for repair of Poplar Tree Bridge
- Safety Committee Update by John Sarro
- Proposed Ordinance 2018-01 adding an Environmental Advisory Committee
- Bills
- Treasurer’s Report
Note: There will be an executive session immediately following the public meeting to review a legal matter.