EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
Meeting of the Board – May 6, 2019
Chairman Sarro called the meeting to order at 7:00 p.m. with the following people in attendance: Supervisors McKinstry, Hannum, Lacy and Jameson. Planning Commission Chairman Walkerand Engineer Hatfield. Solicitor Unruh arrived at 7:15 p.m.
Pledge of Allegiance and Public Comment Period. East Marlborough resident Shelley Mincer complimented the township on the line painting.
Kevin Lahn, representing the Longwood Village Shopping Center, requested the Supervisors to make a determination if one of their new tenants needed to go through the Conditional Use process. Zoning Officer Charlie Shock denied the building permit for Club Pilates to locate in the Shoppes at Longwood Village stating that health clubs and fitness centers were allowable under Conditional Use in the commercial district. Mr. Lahn believed they were allowable under their previous Conditional Use application because of the small size of the space. Alternatively, Mr. Lahn asked if the Supervisors would modify the previous Conditional Use Order to allow Club Pilates to occupy 2,000 square feet in the center. Supervisor Jameson stated he felt a small studio like Club Pilates was similar to a personal service shop like a hair dresser or nail salon, and would be allowable. The Supervisors determined it was appropriate to amend the Conditional Use Order for Longwood Village Shopping Center to allow the addition of a Pilates studio in a retail space up to 2,000 square feet. The motion to amend the order was passed 5-0.
Approval of Minutes. The Supervisors voted unanimously 5-0 to approve the minutes for the April 1st meeting.
Walnut Walk – Phase 1. Engineer Hatfield recommended an escrow release in the amount of $39,856 for work that had been completed on Phase I of the Walnut Walk subdivision. The Supervisors voted 5-0 to approve the release.
Walnut Walk – Phase 2. Engineer Hatfield recommended an escrow release in the amount of $35,248.31 for work that had been completed on Phase II of the Walnut Walk subdivision. The Supervisors voted 5-0 to approve the release.
Longwood Preserve. Engineer Hatfield recommended an escrow release in the amount of $292,999.95 for work that had been completed at the Longwood Preserve subdivision. After the release there will still be at least 10% in the contingency funds plus an additional $80,000 for any work that may need to be done on the downstream neighbor’s pond. The Supervisors voted 5-0 to approve the release.
Marlboro Springs. Engineer Hatfield recommended an escrow release in the amount of $68,608.00since lot #3 had been sold. The buyer will need to post escrow in the amount of $86,608 prior to receiving a building permit. The Supervisors voted 5-0 to approve the release.
Road Closure request for Mushroom Cap ½ Marathon. Karen DiMascola appeared before the Supervisors to request permission to close the following roads in East Marlborough Township for the Mushroom Cap ½ Marathon on November 3rd:
Mill Road to W. Locust Street; W. Locust to Fairthorne Drive; Fairthorne to Taylor Drive; Taylor to Dean Drive; Dean Circle; Mill Road to Wollaston Road; Wollaston to Poplar Tree Road; Poplar Tree to Mill Road; Mill to Kennett Township line. The roads will be closed from 7:30 a.m. to 11:00 a.m. Chief Clarke stated he was comfortable with the traffic control plans. The Supervisors voted 5-0 to approve the road closure request as presented with the understanding that the Certificate of Insurance would be forwarded to the Township.
Weisbrod Subdivision – Final Plan approval request. Lisa Donlon discussed her review of the land development plan with the Supervisors and stated that Vandemark and Lynch did not have any objection to final plan approval with the following provisions:
- DEP approves the sewer planning module
- The legal descriptions for the expanded Right of Way along Mill Road are submitted.
- The Supervisors approve the following requested waivers:
- 502.C.12 – From providing preliminary land development plans;
- 502.C.13 – From providing a shadow analysis;
- 502.C.19 – From providing contour lines at two foot intervals, based on an actual field study;
- 502.C.22 – From showing areas of proposed cut and fill;
- 502.C.23 – From delineating wetland areas;
- 502.H.1 – From submitting a Preliminary Conservation Plan;
- 502.H.2 – From submitting an Improvements and Construction Plan;
- 502.H.3 – From submitting a Water Supply Plan;
- 502 H.4 – From submitting a Preliminary Landscape Plan;
- 503.H.1. – From submitting a Final Conservation Plan;
- 502.H.2 – From submitting a Final Improvements and Construction Plan;
- 503.H.3 – From submitting a Final Landscaping Plan; and,
- 504 – From submitting a Final Conservation Plan.
Mr. Walker stated the Planning Commission recommended final plan approval with the above mentioned conditions and waivers.
The Supervisors voted 5-0 to approve the final plan subject to conditions outlined in the Vandemark & Lynch review letter dated May 3, 2019.
Resolution 2019-13 Plan Revision for new land development. The Supervisors voted 5-0 to approve the Resolution for the plan revision for the Weisbrod subdivision.
802 E. Baltimore Pike (Royal Farms) Conditional Use Order. Alyson Zarroappeared before the Supervisor to represent the developer of 802 E. Baltimore Pike. Ms. Zarrow requested that rather than going through each condition, her client would offer an extension until the June 3rd meeting. Supervisor Lacy raised a concern with Condition #24 which dealt with the emergency services impact fee. Julia suggested that the fee should be higher to help support the volunteer fire companies. Supervisor McKinstry suggested that the fee that was established by Ordinance should be inflated by the consumer price index which in 2019 dollars would be $400 per 1,000 square feet. The Supervisors agreed this was a reasonable request and asked for the condition to be revised. Solicitor Unruh will revise the draft and submit a copy to the applicant.
Clark Kennett Realty Conditional Use Order. Amee Farrell appeared before the Supervisors to represent the property owner of 817 E. Baltimore Pike. Chairman Sarro read each condition in the order which included the following:
- The use of the Property shall be substantially in accordance with the testimony and exhibits presented by the Applicant during the course of the hearing, except as specifically modified by the conditions set forth herein below, and further to be in conformity with the Findings of Fact hereinabove set forth. The Supervisors voted 5-0 to approve the condition.
- The Applicant shall continue to provide a total of not less than 91 striped parking spaces to be devoted to employee, customer and patient usage at both the existing Pet Value store and also the proposed CHOP medical facility. The Supervisors voted 5-0 to approve the condition.
- The Applicant shall provide a crosswalk from the sidewalk along the building frontage to the parking area. The Supervisors voted 5-0 to approve the condition with edits.
- The Applicant, in conjunction with discussions with the Township Engineer, and considering the potential PennDOT highway improvements, shall design and construct a sidewalk along the frontage of the Property, including both the Baltimore Pike frontage and the Onix Drive frontage thereof. In the event that existing vegetation interferes with this condition, the Applicant, in cooperation with Township consultants, shall provide replacement vegetation compatible with the construction of the proposed sidewalks. The Supervisors voted 5-0 to approve the condition.
- The CHOP medical office facility shall operate during the hours set forth in Finding of Fact 24. Supervisor Jameson questioned why the order would limit the hours and require the applicant to request approval from the Supervisors if they wished to extend their hours. After discussion the condition was changed to read The CHOP medical office facility shall not operate outside of the hours between 7:00 AM and 9:00 PM. The Supervisors voted 4-1 to approve the condition with Mr. Hannum opposing the revision.
- Deliveries shall be as set forth in Finding of Fact 25. The Supervisors voted 5-0 to approve the condition.
- The exterior design and finish of the façade on and the wall feature in front of the lease premises shall be as set forth in Exhibit A-10. The Supervisors voted 5-0 to approve the condition.
- To the extent roof material is visible; it shall be standing seam metal roof material. The Supervisors voted 5-0 to approve the condition.
- The Applicant shall provide for a sprinkler system and shall otherwise meet current fire and safety code requirements. The Supervisors voted 5-0 to approve the condition.
- There will be no visibility of rooftop HVAC, plumbing or other equipment. The same must be screened from view utilizing a pent roof or similar method, with a height of the screening material to be at least as high as the top of the equipment. The Supervisors voted 5-0 to approve the condition.
- The existing lighting facilities shall remain, and any modification thereof shall be subject to further review and approval by the Township Board of Supervisors. The Supervisors voted 5-0 to approve the condition.
- The existing landscape features of the Property shall be reviewed by the Township’s landscape consultants, Glackin Thomas Panzak, and the Applicant shall comply with any requirements of the Township’s consultant with regard to replacement of existing landscape materials which may be dead, diseased, or otherwise unsuitable for the site, and shall also trim any existing landscape material that may be interfering with adequate sight distance for vehicles (i) exiting the site to Onix Drive and/or (ii) exiting Onix Drive to Baltimore Pike southbound. The Supervisors voted 5-0 to approve the condition
- All trash and refuse operations shall be enclosed and operated to prevent emission of odors or spread of trash. The once a week trash pickup shall be between the hours of 7:00 AM and 9:00 PM, Monday through Friday, and the hours of 8:00 AM to 6:00 PM on Saturday. There shall be no trash pickup on Sunday. The Supervisors voted 5-0 to approve the condition.
- Medical waste material shall be collected and disposed of in accordance with Findings of Fact 26, 27 and 28. The Supervisors voted 5-0 to approve the condition.
- The signage for the Property shall be in conformity with applicable Ordinance requirements, unless the Applicant applies for and obtains variances from the Zoning Hearing Board. The Board of Supervisors strongly suggests that the signage be illuminated by outside lighting, but in the event the Applicant chooses to provide internal illumination to the signage, it must utilize the maximum 30 milliamp transformer, and must be muted and not exceed the level of illumination utilized by the Marlborough Square (Giant) signage. There will be no moving or flashing components of the signage. The Supervisors voted 5-0 to approve the condition.
- [Intentionally omitted].
- The Applicant shall make a contribution for the acquisition or improvement of firefighting, rescue, ambulance and other emergency services equipment, including the safety of the proposed development, its employees and customers. After discussion, the amount of this emergency services contribution was set at the rate of $400 per 1,000 square feet of total floor space, being a total of $3,600.00 due at the time of the issuance of the building permit. The Supervisors voted 5-0 to approve the condition.
- The Applicant’s project shall substantially conform with all representations made during the conditional use hearing, whether or not specifically referenced in this Order or in the Findings of Fact, and shall otherwise comply with all other applicable laws, ordinances and regulations. Without limiting the foregoing, the project shall conform with all physical performance requirements set forth in Section 1811 of the Township’s Zoning Ordinance. The Supervisors voted 5-0 to approve the condition.
- All necessary permits shall comply with the PA Uniform Construction Code (PAUCC), including building permits for modifications or fit-outs to existing structures. The Supervisors voted 5-0 to approve the condition.
- The Board of Supervisors reserves the right to make such modifications to the project as may be requested by the Applicant as the Board of Supervisors deems to be in the public interest, without the necessity of reopening the conditional use hearing,
- subject to the Board’s providing prior notice of the proposed modifications to parties of record in the hearing. The Supervisors voted 5-0 to approve the condition.
- The Applicant shall, within sixty (60) days of the date hereof, reimburse the Township for Township expenditures related to this Application, including all fees payable to Township consultants, the Township Solicitor, and costs of the court stenographer for appearances and transcripts. The Supervisors voted 5-0 to approve the condition.
The Supervisors voted on the entire Conditional Use Order as modified with a 5-0 vote.
Brandywine Battlefield Task Force (BTK)Historical Marker. The Supervisors authorized Township Manager Prysock to sign the Agreement for Services with the BTF to allow for a historical marker to be placed in East Marlborough Township near the intersection of Folly Hill Road, E. Doe Run Road and Route 926.
Toll Brothers Development – Pedestrian Crossing Modification. Alyson Zarro appeared before the Supervisors to represent Toll Brothers, she asked East Marlborough Township’s Traffic Engineer Jerry Baker to give an update on PennDot’s concerns with the location of the crosswalk. Mr. Baker stated that PennDot would like the crosswalk to be moved further away from the Nursery Driveway or have it place at the intersection with the driveway and the entrance to the Toll Brothers neighborhood. In order to avoid compromising the nursery fountain, Toll Brothers is suggesting the crosswalk move approximately 25’ to the north. East Marlborough resident Dick Pratt expressed his concern that the crosswalk and its lighting would be closer to his house and may be an annoyance. The Supervisors asked Ms. Zarro to have Toll Brothers work with Mr. Pratt to address his concerns. The Supervisors agreed that moving the crosswalk location 25’ could be handled as a field change and did not require a revised plan.
Draft Burning Ordinance. Supervisors Jameson, Lacy and McKinstry expressed concern about the draft language and asked if they could make revisions. Solicitor Unruh stated that he would like each of the Supervisors to provide input and the revised draft would be discussed at a later public meeting.
Longwood Gateway Proposal. Township Manager informed the Supervisors of an effort between Kennett Township, Kennett Borough and Historic Kennett Square to promote a “Longwood Gateway” through the region to drive greater economic benefit for the municipalities. Historic Kennett Square is taking the lead on developing a plan to link Longwood Gardens, the Route 52 and Route One corridor with Kennett Borough. They would like East Marlborough to participate in the process and provide input for the plan and potentially financial support. The Supervisors indicated a willingness to participate in process but declined to commit funding at this point.
Lease agreement for Orchard Valley Cell Tower. Township Manager Prysock updated the Supervisors on the effort to negotiate a new lease for the cell tower at Orchard Valley. She stated that Supervisor McKinstry and Theo Claypoole are close to having a clean agreement and suggested that the Supervisors authorize Supervisor McKinstry to execute the final version of the agreement that he and Theo negotiate. The Supervisors voted 5-0 to authorize Supervisor McKinstry to sign the lease.
Road Contracts. Public Works Director Jeff Simpson stated that bids had been received through the Southern Chester County Co-Op for paving and oil and chip. He requested approval for contracts in the following amounts:
Paving for Wollaston Road and the Beversrede Development. Walnut Road between Route 926 and Longwood Road to mill and fill the edges. The low bidder was Long’s Asphalt with a bid amount of $358,826.30
Oil & Chip for Oak Tree Road. The low bidder was Asphalt Industries, Inc with a bid of $43,912.00
Bills. By a vote of 5-0 the Supervisors approved payment of invoices with the following totals:
General Fund: $221,843.02
Sewer Fund: $127,575.48
Park Fund: $ 401.66
State Fund: $ 18,982.80
Treasurer’s Report. By a vote of 5-0 the Treasurer’s Report was accepted as submitted.
The meeting adjourned at 10.05p.m.
Laurie Prysock, Township Manager