EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
Meeting of the Board – May 7, 2018
Chairman Richard Hannum, Jr. called a Hearing to Order at 7:00 p.m. Those in attendance included: Supervisors John Sarro, Christine Kimmel, Julia Lacy and Bobby McKinstry as well as Solicitor Frone Crawford, Engineer Jim Hatfieldand Planning Commission Chairman Cuyler Walker.
Pledge of Alliance and Public Comment Period. Ruthie Kranz-Carl, an East Marlborough resident, spoke to follow up about power outages in the Cedarcroft neighborhood. Mrs. Kranz-Carl asked the Supervisors to stay focused on the concerns that had been raised at the April meeting about home owners unable to flush their toilets for a week during recent power outages. Mrs. Kranz-Carl said she appreciates the township’s attention to the issue and would like the issue to be on the agenda for the June meeting. MaryAnn Maye also spoke about the health hazard that is caused when homes with grinder pumps lose power. Mary Paxton, a resident on Unicorn Lane, asked if the township could do more to educate residents who have grinder pumps. Mr. Hannum said a flyer had been designed and was being sent to residents with grinder pumps. Public Works Director Jeff Simpson is scheduled to meet with Mrs. Kranz-Carl and other neighbors on 5/14 to discuss the issue.
Jack Greenwood, a resident in the Village of Unionville, accused a Supervisor of verbal assault during a recent meeting. John Sarro addressed Mr. Greenwood’s accusation and stated that Mr. Greenwood has been hindering the progress of the Safety Committee for the last three years. Mr. Sarro said things got heated during the meeting and that the Supervisors were discussing how to reorganize the Safety Committee to make it more effective. Mr. Sarro also reported that in the past three years speeding has decreased through the Village of Unionville from 28% down to 8%. Mr. Hannum expressed confidence in Mr. Sarro’s leadership of the committee and said more information would be forthcoming on how the committee would be restructured.
Tom Tolt and Denise Ross, representatives from the Marlboro Meadows HOA asked questions of Mr. Hatfield regarding the Township’s MS4 Permit. Mr. Tolt stated that the HOA Open Space had two stream channels that ran through it and wanted to know why that area had been targeted for retrofitting and also wanted to know if a detailed design had been prepared for the project. Mr. Hatfield explained that the location had been selected because the basin that currently exists was designed to reduce the release rate of water that enters the stream but the standards have changed to reduce the amount of sediment that flows into the streams by using infiltration basins. The proposal would change the basin from a detention pond to an infiltration basin. Mr. Hatfield said the design for the basin has not been done yet since the permit application has not yet been
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accepted. Denise Ross informed Mr. Hatfield that the HOA Open Space has gotten wetter since the Rockford Crossing neighborhood was built and asked if this was taken into consideration in the permit. Mr. Hatfield said there could be two issues affecting the wetlands, a micro reason if the Rockford Crossing infiltration basin wasn’t operating correctly and a macro reason which could include global warming and changes to the weather pattern. Mr. Hatfield said the township would reach out the HOA if the permit gets accepted to discuss the project in greater detail.
Minutes of April 2, 2018. The minutes were approved by a vote of 5-0.
Recognition of Eagle Scout Zachary Powell. Chairman Hannum expressed thanks of the entire Board of Supervisors for the work Mr. Powell did to earn his Eagle Scout ranking. Mr. Powell collected over 1,000 pounds of food for the Kennett Area Community Food Drive.
Escrow Release #2 for Marlboro Springs. Based on the recommendation of Engineer Jim Hatfield, the Supervisors voted 5-0 to release $27,500 from the construction escrow for on-lot storm water management for Lot 6 in Marlboro Springs.
HARB Certificate of Appropriateness for 1724 W. Doe Run Road. HARB had reviewed the application of Andrew Bartholomew to install a professional sign on a building he owns in Unionville. HARB issued a Certificate of Appropriateness and the Supervisors accepted it with a vote of 5-0.
PennDot Right of Way Acquisition. PennDot is interested in obtaining additional Right of Way along Route One at the intersection with School House Road for the Route One widening project. The Supervisors asked Township Manage Prysock to act on the Township’s behalf to coordinate this project.
Garnet Quick Lane Preliminary/Final Plan Approval. John Jaros represented the applicant, Garnet Quick Lane, to seek preliminary/final plan approval for the development of 5 parcels located on E. Baltimore Pike between Pennock and Orchard Avenues. The development will contain a 10,300 sq ft quick service auto repair shop and a 5,000 sq. ft. retail pad. The Conditional Use Order for the project required the applicant to gain approval from the Board of Supervisors for the architectural design of the building (Condition #11). Mr. Jaros stated that the auto repair building would be slate grey with ribbed siding on vertical walls with a flat roof. A parapet would hide the mechanical elements from the street view. Mr. Sarro asked if the applicant could increase the amount of red brick so the building more closely resembles the rest of Baltimore Pike. It was suggested that the applicant add 2 or 3’ of brink to the retail
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building and the front of the auto repair building so they would more closely resemble the facades at the Onix Center. Ms. Lacy and Mrs. Kimmel asked if the orange stripe on the building was necessary. The applicant said the colors were needed for branding and wanted them on the sides of the building visible from the street.
Mr. Jaros stated that the applicant needed to obtain three waivers:
- A waiver from completing the shadow analysis
- A waiver for the vertical curve on Pennock Avenue which results in less than 200’ of sight distance.
- A waiver to omit the sidewalk installation on Pennock and Orchard Avenue. The neighbors are concerned that sidewalks will encourage foot traffic through their neighborhood.
After a lengthy discussion the Supervisors voted 5-0 to grant preliminary plan approval with the condition that the applicant address all of the consultants comments and obtain a obtain a variance from the Zoning Hearing Board for a 7’ high fence to be installed along the rear boundary of the property. The Supervisors also granted waivers for the following items:
502.C.13 – Shadow Analysis
608.C – Vertical Curve
615.A Installation of sidewalks
Citadel Bank Preliminary/Final Plan Approval. Chuck Alivo with Stantec Engineering represented Citadel Bank.
Mr. Alivo spoke of a comment from TPD which suggested the plan move the sidewalk closer to Route One to keep it in line with the existing sidewalk. Mr. Alivo stated that the plan shows the location for the sidewalk based on the PennDot expansion project. He also stated that having the sidewalk set-back slightly will improve pedestrian safety at that location by allowing for more sight distance for cars turning off of Route One.
Mr. Alivo state that Citadel Bank would meet the agreement that had been made between the Township and the previous applicant for the site (TD Bank) to escrow $20,000 to be used to construct the sidewalk over the stream to the CVS. The Supervisors asked to revisit the cost of installing the sidewalk taking into inflation. Mr. Hatfield suggested using the CPI inflator which would increase the cost by 6 or 7 percent.
Mr. Alivo also questioned the need to complete an additional traffic study. Mr. Crawford said the study was not needed by ordinance.
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Mr. Alivo stated that the light standard that will be used differ slightly from the suggested height. The poles will be raised to 20’ to avoid creating light hot spots. Mr. Alivo stated that the lights will remain on from dusk to dawn to provide secure access for the 24 hr. ATM machine.
Another change from the approved TD Bank plans is the location of the trash dumpster. Citadel Bank would like to house the dumpster to the rear of the bank, within 100’ of the property line. The location would be closest to the property owned by East Marlborough Township where the Baltimore Pike Sewer Pump Station is located. It was determined that the location would not cause any issues for the pump station.
Supervisor McKinstry offered a motion to grant preliminary/final approval pending resolving the appropriate escrow for sidewalk construction that would mimic the intent of the agreement in the approved plans for the TD Bank building and resolution of all outstanding consultant letters and normal conditions for land development approval. The motion was seconded and approved with a unanimous (5-0) vote.
Northridge/Gale Lane Waivers.
Mike Gavin appeared as counsel for the applicant Doug White along with engineer Jim Fritsch. The project which consists of 34.78 acres in the LI Zone will feature 54 units located in 27 twin homes. The plan calls for footprint lots and it received Conditional Use approval in May 2017 and a revised Conditional Use approval in February 2018.
The applicant appeared before the East Marlborough Planning Commission on May 1st to request recommendations for the following waivers:
Shadow Analysis
Traffic Study
The applicant also addressed concerns raised in the 4/14/2017 review letter from Traffic Planning and Design specifically whether the planned road through the development connecting to the Everfast property was appropriate for industrial use. Mr. White stated that the development would improve the condition of the current road which has been utilized by a light industrial use for almost 30 years.
TPD’s letter also recommended the width of the road should be increased to 30’ with a 60’ ROW. Mr. Walker stated that the Planning Commission was in favor of a 24’ wide cartway which would result in less impervious cover. The comment also recommended rolled curbs for the cartway rather than the vertical curbs that are on the plan. Mr. Hatfield stated that the ordinance requires vertical curbs.
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TPD’s letter also raised a concern about the minimum diameter of the cul de sac and the hammerhead on road C which would make those roads ineligible to be added to the Liquid Fuels inventory. The Supervisors discussed the need for the applicant to provide an escrow to offset the Liquid Fuels money that would lost due to the design of those roads.
The Supervisors voted unanimously to approve on the following waivers:
502.C.13 Requirement to submit a shadow analysis
502.G.5 and 611 Requirement to submit a traffic impact study – conditionally approved upon the applicant resolving any concerns raised by TPD
503.C.3Requirement for the plan to show lot setback lines
503.E Requirement for the plan to show street lights
604.A Minimum diameter of a cul de sac and maximum length of a street without a cul de sac – conditionally approved subject to an understanding that if East Marlborough Township is unable to obtain Liquid Fuels reimbursement funds for the streets in question the applicant will post a yet to be determined escrow to offset the loss.
605.A Requirement for a minimum width for an industrial street of 36’.
608.A Minimum sight-distance for a grade change exceeding One percent, granted at the intersection of roads C & A.
609.C Streets entering the opposite sides of another street shall either be directly across from each other or offset by at least 200’
Road Contracts.Contracts were presented for the following items bid through the Southern Chester County Municipal Co-Op:
Paving – Winning bidder was Long’s Asphalt for $261,629.80
Fuel – Winning bidder was PAPCO for $30,433.70
Oil & Chipping – Winning bidder was Asphalt Industries for $84,111.30
Bills.By a vote of 5-0 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: $209,272.42
Payroll: $ 52,182.78
Sewer Fund: $ 18,478.40
Park Fund: $ 10,955.38
State Fund: $ 6,624.40
Treasurer’s Report. By avote of 5-0 the Treasurer’s Report was accepted as submitted.
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Executive Session: The Supervisors went into Executive Session at 10:40 p.m. to discuss a legal matter. The public meeting resumed at 10:55 p.m.
Solicitation Ordinance: The Supervisors asked Solicitor Crawford to negotiate terms for Adaptiv Pest Control to operate within East Marlborough Township pending an Ordinance amendment.
The public meeting was adjourned at 10:58 p.m., at which point the Supervisors went into Executive Session to review a legal matter.
Respectfully submitted,
Laurie Prysock, Township Manager