MINUTES
Public Comment Period
1. Minutes of May 6, 2013
2. Conditional Use Order – TD Bank
3. Keldrer Enterprises – prelim/Final plan for additional building in LI District – Jim
Fritsch
4. Longwood Gardens – Meadows– Land Disturbance Plan
5. Hood’s BBQ – Proposed Expansion of non-conforming Deli in Unionville – Brad
Bernstein
6. Po-Mar-Lin/Unionville Park Subdivision Plan
7. Land Purchase – Agreement of Sale – purchase of portion of lands of Po-Mar-Lin
8. Resolution 2013-08
9. Bills
10. Treasurer’s Report
MINUTES
EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
Meeting of the Board – June 3, 2013
Chairman Cuyler H. Walker called the public meeting to order at 7 p.m. in the Township Building by leading the group in the Pledge of Allegiance. Board members Richard P.S. Hannum, Robert F. Weer, Eddie G. Caudill, and Richard E. Hicks were also present, as was Solicitor Fronefield Crawford Jr. Township Engineer James W. Hatfield joined the meeting later.
Public Comment Period.
Mr. Hicks asked about the lack of pedestrian access at Willowdale intersection. The Supervisors suggested that the Township get a proposal from our traffic engineer detailing what needs to be done to provide for pedestrian access. Mr. Weer suggested that we also explore the possibility of getting a street light at that location to increase safety for pedestrians.
Minutes of May 6, 2013. By unanimous vote (5-0), the minutes were approved, as prepared.
TD Bank – Conditional Use. The applicant was represented by Michael Gill, Esq. The supervisors discussed each of the 24 conditions in the Order individually, and voted on each individually; all conditions were approved by unanimous vote (5-0), unless otherwise specified.
1- Provides for use in accordance with sworn testimony at the hearing, including maximum building footprint of 3,840 s.f., maximum 55% cover, and maximum of two drive-thru lanes for auto-banking,
2- Provides that plan to be submitted for land development be substantially in accordance with plan presented at the Conditional Use hearing,
3- Requires 31 parking spaces
4- Approves location of trash bin at rear of building.
5- Provides for full movement ingress and egress driveways, (Mr. Hicks voted no on this condition; the final vote was 4-1 in favor).
6- Provides for lighting and landscaping, in accordance with ordinance requirements, including that security lighting be reduced at least 30 minutes after closing.
7- Provides that architectural elements be in accordance with exhibits, including brick face.
8- Provides for hours of trash collection; 7:30 a.m. – 9 p.m. M-F, and 8 a.m. – 6 p.m. on Saturday, with no collection on Sundays.
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9- Provides that all trash and refuse operations be enclosed to prevent emission of odors and spread of trash.
10- Requires that signage conform to ordinance requirement, and any interior-illuminated signage be limited to a 30 milliamp transformer.
11- Requires that the plan be reviewed by the Township Fire Marshal prior to issuance of building permit. Also requires an emergency door at the rear of the building.
12- Provides for buffering and landscaping, in accordance with ordinance provisions.
13- Requires the construction of a handicapped-accessible sidewalk, at property owner’s expense, and requires applicant to negotiate with Township regarding cost/construction of a pedestrian bridge across the stream to the eastern end of the property.
14- Requires securing of all permits, including State, County and Highway permits, prior to beginning construction.
15- Provides for the narrowing (to 20 feet) of the ingress drive, subject to any PennDOT requirements.
16- Prohibits visible roof-top HVAC equipment.
17- Requires that the existing retaining wall at rear of property be examined for structural soundness, and that a pre-construction report from a structural engineer be submitted to the township engineer. Also requires that applicant, at his own expense, provide any remediation of the existing wall if it is deemed necessary by structural engineer’s report.
18- Requires contribution to emergency services in the amount of $800.
19- Provides for posting of escrow for performance guarantee.
20- Requires compliance with all applicable Township ordinances, as well as adherence to BMP’s to address any existing oils or chemicals.
21- Requires compliance with Section 1811 of the Township Zoning Ordinance.
22- Provides for any modifications to the plan by approval of the Board of Supervisors, without the need to re-open the Conditional Use Hearing.
23- Requires applicant to reimburse the Township for expenses related to the hearing, including costs of Township consultants and court stenographer.
By unanimous vote (5-0), the Supervisors approved the entire Order.
Keldrer Land Development Plan – Gale Lane. Jim Fritsch from Regester Associates represented the owner, John Felder, who was also in attendance. Mr. Felter is
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requesting approval for a second building on his site, a proposed 6400 square foot, two-story warehouse. Mr. Fritsch pointed out that the revised plan addressed the concerns of the Township Fire Marshal with respect to locating all trees a minimum of twenty feet from the building. In response to the items noted in Jim Hatfield’s review letter of April 30, 2013, the Board:
1a) Voted unanimously (5-0) to waive the requirement for a preliminary plan, as well as the requirement to provide a shadow analysis, and
1b) Decided that sidewalks were not needed on the plan.
In a separate unanimous vote (5-0), the Board gave conditional approval to the plan, subject to satisfaction of the remaining items on the VD&L review letter of April 30, 2013, particularly with respect to additional notes on the plan to be recorded as well as the design of drywells to accommodate the storm water runoff.
State Police Report. PennsylvaniaState Police trooper gave a brief verbal report of State Police calls in East Marlborough for the previous month.
Longwood Gardens Land Disturbance Permit for the Meadow Expansion Project. The applicant wasrepresented by Mike Petka of Bancroft Construction, Penny Person of Longwood Gardens, as well as Ms. Hoekstra and Ms. Sitler of Meliora Environmental Design. Longwood has already received permits from PA DEP (NPDES permit) and Chester County Conservation District. The supervisors voted unanimously (5-0) to approve the Land Disturbance project, with the stipulation that the Gardens will provide a storm water maintenance agreement, to demonstrate continued compliance with DEP and Township Storm Water ordinance requirements.
Hood’s BBQ – Unionville. The applicant was represented by Brad Bernstein, architect for the project. The plan proposes an increase in the size of the existing structure, mainly to add an open porch to the front (which will prevent parking in front) as well as enclosure of much of the mechanical equipment which is currently in the back yard. There are many variances required to complete the plan, which is currently non-conforming. The supervisors suggested that Mr. & Mrs. Hood proceed to the Zoning Hearing Board to seek the variances which had been itemized in Jim Hatfield’s letter of February 26, 2013, and noted that the drawing showed attractive changes to the building.
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Po-Mar-Lin/East Marlborough Township Subdivision Plan. The plan proposes the re-drawing of the property line between the Fire Company and the Township and provides for additional land and buildings to be deeded to the Township. The subdivision plan was approved by a vote of 4-0, with Mr. Hicks abstaining. The approval is subject to getting a variance from the Zoning Hearing Board for the western side-yard setback distance for existing buildings.
Agreement of Sale – East Marlborough Township and Po-Mar-Lin Fire Company. By a vote of 4-0, with Mr. Hicks abstaining, the Board approved the Agreement, providing for the Township purchase of 4.5 acres of Fire Company land, with existing buildings, including the Unionville Post Office, for an appraised value of $225,000. The funds for purchase will come from the Township Open Space funds.
Resolution 2013-08 – Urging Legislative Support for Changes in the PA Prevailing Law Statutes. By unanimous vote (5-0), the Supervisors approved the resolution.
Entrance Signage at Belrose. Jim Hatfield was seeking guidance from the Supervisors regarding the options for a subdivision-entrance sign at Belrose on Route One. The Supervisors noted that the Township does not require an entrance sign.
Bills. By unanimous vote (5-0), with each supervisor abstaining on a single item with a perceived conflict of interest, the Board approved payment of the attached list of invoices, with the following totals:
General Fund $139,799.71
Payroll $ 53,919.84
Unionville Park Fund $ 12,987.18
Sewer Fund $ 22,121.39
Treasurer’s Report. By unanimous vote (5-0), the attached report was accepted as prepared.
The meeting was adjourned at 9:07 p.m.
EAST MARLBOROUGH TOWNSHIP
Jane R. Laslo, Secretary/Manager