EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
Meeting of the Board – June 4, 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, Robert McKinstry, Solicitor Frone Crawford, Engineer Jim Hatfield,as well as Planning Commission Chairman Cuyler Walker.
Pledge of Alliance and Public Comment Period. No public comments.
Approval of Minutes. The Supervisors voted unanimously 5-0 to approve the minutes for the May 7thmeeting. The minutes for the May 22th meeting were approved as submitted with a vote of 4-0.
Dedication of Glenelg Roads. Jim Hatfield provided an update to the Supervisors on the land development project. He said the project had been completed to his satisfaction and the escrow amounts had been determined with the funds being split between East Marlborough and Newlin for the respective portions of the development. The requested maintenance amount for East Marlborough is $72,504.00. Solicitor Crawford informed the Supervisors that the previous landowner, Mr. Robert Irwin, declined the request by the township to sign the deed of dedication for the expanded Right of Way that was depicted in the final land development plan. Mr. Crawford advised the Supervisors that since the plans were recorded the expanded Right of Way was already on the public record and the Township could assert their right to the extended Right of Way. Rob Pearson with Cope and Pearson suggested that Mr. Irwin should be taken to court to get the deed of dedication and said Mr. Irwin might fight the township asserting its right to the ROW. Mr. Crawford advised the Supervisors that the township would incur significant legal costs to sue Mr. Irwin and advised against that course of action. The Supervisors voted unanimously (5-0) to accept the offer of dedication of the roads and storm water management facilities in Glenelg.
Toll Brothers Plan Review. Alyson Zarrow with Riley Riper Hollinand Colagreco represented Toll Brothers and requested that the Supervisors consider preliminary plan approval for the project to build 42 homes on the part of the tract of the west side of Route 82 with open space on the east side of Route 82. The applicant has received three revised review letters from Vandemark & Lynch, Glackin Thomas Panzak and Traffic Planning and Design and sought direction from the Supervisors on a number of points.
Vandemark& Lynch Review letter.
The applicant expressed concern with point #2 dealing with the specimen tree slated for removal. The applicant provided a letter from Christopher Uhland, a Certified Arborist, detailing the condition of a 36” Red Oak that is situated on the Pratt/Toll Brothers property. The tree is considered to be healthy but due to its current location in a wooded area, it only has branches on one side of the trunk. Mr. Uhland suggested that when the surrounding trees are removed the Red Oak will be subjected to conditions that may be detrimental to the health of the tree. Mr. Hatfield read the section of the Ordinance that deals with Specimen Trees, section 1822.B.3. which allows for removal if the tree is dead, diseased or a serious threat to public health or safety.
Mr. Semon with Toll Brothers stated that unless the Board of Supervisors agreed to removal of the tree they would be forced to redesign the plan and shift the new houses closer to the Blackshire neighborhood.
East Marlborough resident Andy Skean asked the Supervisors to consider the cost/benefit of saving one tree at the expense of a neighborhood.
Comment #3. Section 1606 H. The Board should consider whether or not it is appropriate to require trails or pathways through the proposed open space, or trail links to adjoining open space. The applicant said they would install a pervious paver trail to run along the property frontage on the east side of Route 82. Mr. Semon stated they would be willing to install the trail past their property line as long as it didn’t require them to obtain easements or relocate any utilities. Mr. Semon said they would stop they trail just short of the PennDot Right of Way on Route 926. It was suggested that the township work with the landowner of the Willowdale Town Center to obtain an easement for the trail so the utility poles don’t need to be moved.
Comment #5 regarding street lighting. Ms. Zarrow said the applicant would comply with the Ordinance.
Comment #7 regarding the Sewage Planning Module. Ms. Zarro said the applicant would comply with the Ordinance and the resolution of the outstanding items is in progress.
Comment #9 waiver requested for a minimum centerline radii of 150. The plan shows that loop road A will have a radii of 125. The Supervisors indicated a willingness to approve the waiver during the March Board of Supervisors meeting. A formal request for the waiver is included in the request for preliminary plan approval.
Comment #11 re-profiling of the stub road connection to Chalfant Drive. Mr. Hatfield recommends re-profiling the road to correct drainage issues and improve the road surface to handle full access. Mr. Hatfield advised that if they stub road is limited to use by emergency vehicles, the need to re-profile isn’t as great but still he suggested that the improvements are made to allow for full access if deemed desirable by the township.
East Marlborough resident Andy Skean stated that they are not in favor of having the access road open to traffic. He is concerned that higher volumes in their neighborhood would have a negative impact on their property values and quality of life. He also advised that the roads in Blackshire are already having issues with sinkholes at the drainage inlets. Mr. Hatfield countered that the sinkholes aren’t typically a result of traffic but rather are due to inlet construction and/or maintenance issues, and could be relatively easily fixed.
Comment #24 Waiver from section 801.C. to allow for the substitution of suitable backfill rather than 2RC stone. Toll Brothers has offered to adhere to the PennDot definition for suitable backfill. Mr. Semon also offered that Toll Brothers would do full depth patching to address the base failing on Route 82.
Comment #26 regarding storm water narrative and the functionality of the spray irrigation system. Mr. Hatfield offered that they will want to review the specifics for the design of the spray irrigation system, which are still being designed.
Comment #54 regarding tabulations for storm water management facilities in Open Space calculations. Ms. Zarrow referred the Supervisors to a letter that Mr. Colagreco had sent to the township outlining their position that the open space that is used for spray irrigation isn’t addressed in the SALDO but the Cluster Zoning Ordinance does state that storm water management facilities can count toward Open Space calculations. Mr. Crawford agreed there is an inconsistency between the Zoning and that the more favorable terms should be allowed for Toll Brothers under PA Code.
Glackin Thomas Panzak Letter.
Comment #3 recommending a fee-in-lieu of active recreation facilities on the east side of Route 82. Mr. Semon disputed the requirement to provide a fee since the township recommended passive use of the space.
Comment #12 dealing with Section 504.A.3 Conservation Plan. Toll Brothers is seeking a waiver from the requirement to survey the property and mark all 8” or greater trees that were nursery stock on the existing conditions plan. Toll Brothers contends that the nursery stock trees are exempt from the tree replacement requirement.
East Marlborough resident Andy Skean said there was a 40’ tall evergreen tree behind his property that would not have come from nursery stock and asked if the tree would be kept. Mr. Semon said the current plan keeps most of the trees near the meadow.
Mr. Hatfield stated that the Supervisors could grant permission to clear stands of trees and if they were classified as nursery stock there wasn’t a replacement component.
Comment #15 requests additional buffering along the Skean property to make it similar to the buffering that will be provided for the Pratt, Gaffney, Petragnani and Wright homes. Mr. Semon stated that if allowed to remove the specimen tree Toll Brothers would install an additional 10 trees with the species to be recommended by the Township.
Traffic Planning & Design Letter.
Nicole Kline with McMahon & Associates gave an overview of the revised traffic study for the project. She stated that tubes had been laid on Route 82 for 3 days to collect data for 24hrs in March. The study included volume, speed and pedestrian traffic. The new study was conducted in two ways, the first with one access point on Route 82 and the second with two access points, one on Route 82 and one on Chalfant Drive. Based on the counts, a left turn land is not warranted on Route 82 with two entrances and is minimally met with one.
Mr. Semon stated that adding a left turn lane would require Toll Brothers to obtain temporary construction easements from the property owners along Route 82 and would be disruptive to the environment and neighbors.
Jerry Baker with Traffic Planning & Design pointed out that the study shows that the new intersection would function at an E level which means cars and pedestrians would have to wait 30 to 50 seconds for a break in traffic to pull onto Route 82. Mr. Baker is concerned that this waiting period may cause conflict between the motorists and the pedestrians. He recommends that traffic calming measures including a pedestrian refuge island are considered for this crossing. He also recommends video detection flashing lights at the pedestrian crossing.
Ms. Kline contends that there wasn’t pedestrian activity at the location during the count but Cuyler Walker stated that if Toll Brothers dedicates the Open Space to the township there will be an increase in pedestrian use to get to the space.
Mr. Semon said they would be willing to offer dedication of the space to the township. They will keep it natural and it could be maintained by the HOA if the township isn’t interested in accepting dedication. Mr. Semon also asked the township to accept the maintenance responsibility for the trail along Route 82 as it is likely to be used by the general public.
Supervisor McKinstry offered the following motion for preliminary plan approval:
The Supervisors will reserve the right to decide if a left turn lane is needed until final plan approval. The Supervisors also reserve the right to determine the level of traffic for the connection to Chalfant Drive. The developer must comply with the following:
- Seek a variance to remove the specimen tree unless the Supervisors determine it is a threat to the community.
- Install traffic calming measures at the pedestrian crossing including flashing lights and other measures as needed.
- Offer dedication of the Open Space to the Township.
- Improve the stub road access to Chalfant Drive and bring it up to current road standards.
- Address all consultant concerns.
- Construct a trail along the eastern portion of property along Route 82 and extend the trail (if the township is able to obtain easements and utility aren’t impacted) to the ROW at Route 926.
- Add additional landscape buffering on the part of the property closest to the Skean home.
The waivers are granted for the following items:
- Requirement to map 8” or greater trees
- Allow the shoulder slope within the right-of-way to be greater than 2% at the intersection of the entrance road with Route 82
- Allow suitable replacement for the trench backfill
- Allow a minimum centerline radii of 125’
- Allow the installation of Belgian Block curbing.
The Supervisors voted 5-0 to approve the motion and all of the items except the removal of the specimen tree. Later in the meeting, the specimen tree tissue was again discussed. Supervisors Hannum, Sarro and Lacy voted to recognize the specimen tree could certainly be a safety hazard once the surrounding (non-specimen) trees are removed, such that it may be removed without a variance, subject to the replacement requirement of 10 trees at 4 ½ caliper each. Supervisor McKinstry voted against allowing the removal of the tree, Supervisor Kimmel abstained.
Garnet Quick Lane Final Plan Review. John Jaros with Riley, Riper, Hollin & Colagreco represented the applicant to seek final plan approval. Mr. Jaros stated the applicant had made revisions to the elevations for both the Quick Lane building and the retail site based on feedback from the Supervisors at the April meeting. The façade of the Quick Lane building now has a brick knee wall and the orange strip on the rear of the building had been eliminated. The retail building has additional brick added to mimic other sites along the Route 1 corridor. Supervisor Sarro suggested that adding an awning over the entrance to the retail building would improve the look and match other buildings.
Mr. Jaros asked for the same waivers that were approved during preliminary plan approval:
- 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.
East Marlborough resident Ed Spahn inquired whether Garnet would be installing a 6’ high fence as he had requested during preliminary plan approval. Mr. Jaros stated that the Zoning Hearing Board granted a variance for the applicant to install a 6’ fence but denied the request to place the fence within 20’ of the property line. Mr. Jaros stated that 20’ from the property line was at the curb for the parking area so it was not possible for them to place the fence at that location. The applicant will proceed with installing a 4’ fence located 2’ from the property line with Mr. Spahn. The applicant will install landscaping to provide a buffer along the fence line but will not seek an appeal to the Zoning Hearing Board decision.
The Supervisors approved the request for Final Plan approval subject to addressing all open issues in the consultant review letters with a unanimous (5-0) vote.
Update on Route 82 Crosswalk Project. Supervisor Sarro gave an update on the crosswalk project at the school. He stated that the Township had been awarded a grant to cover 100% of the construction costs for the project which will include installing two signalized crosswalks at each end of Manor Drive and Route 82, installing sidewalks to connect the roundabout to the school area and installing additional sidewalks on the school side of Route 82. In addition, traffic calming measures will be incorporated to slow traffic which will allow the speed limit to be reduced on that stretch of Route 82.
Engineering for the project with take place this year with the project put out for bid in 2019. Construction is expected to take place in 2020.
BikeKennett Request. Josie Marsh with BikeKennett requested a commitment from the Supervisors to authorize between $10,000 and $14,000 to hire a consultant to design a concept plan to provide a multi-model trail connecting the roundabout to Cedarcroft Road in Kennett Township. The Supervisors expressed an interest in exploring the idea but would like a hard estimate on the costs before they vote to allocate funding.
- Locust Lane Bridge. Township Manager Prysock stated that a grant application had been submitted on June 1st for a Municipal Bridge Retro-Reimbursement grant to replace the E. Locust Lane Bridge. The grant request was for $816,000 which equals 80% of the estimate to replace the bridge.
Bills. By a vote of 5-0 the Supervisors approved payment of invoice with the following totals: Ms. Lacy is on record to recuse herself for the vote on the URS & AE Com invoices due to a conflict.
General Fund: $ 87,134.26
Payroll: $ 54,053.50
Sewer Fund: $ 14,802.97
Park Fund: $ 73.58
Treasurer’s Report. By a vote of 5-0 the Treasurer’s Report was accepted as submitted.
EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
AGENDA – June 4, 2018 – 7:00 P.M.
Subject to change
- Call to Order and Pledge of Allegiance
- Public Comment Period
- Approval of Minutes of May 7 and May 22, 2018
- Dedication of Glenelg Roads
- Toll Brothers Preliminary Plan Review
- Garnet QL Final Plan Review
- Update on Route 82 Crosswalk project
- Update on BikeKennett proposal to add bike/pedestrian pathway along Route 82 between the roundabout and 926
- Update on DVRPC Grant application to replace E. Locust Lane Bridge
- Treasurer’s Report
Note: There will be an executive session immediately preceding the public meeting to review a legal matter.