EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
Meeting of the Board – August 1, 2016
Chairman Richard P.S. Hannum, Jr. 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 John Sarro, Eddie G. Caudill, and Robert F. Weer were also present, as was Engineer Lisa Donlon.
Public Comment Period.There were no comments from the public.
Chairman Hannum did use the opportunity to present a proclamation to the retiring Township Manager, recognizing the years of service and dedicating a bench at the Unionville Community Park in her name.
Minutes of July 11, 2016. Mr. Weer suggested that the entry regarding the Appointment of a Township Manager be amended to read “…three candidates” interviewed. With that change, the minutes were approved by a vote of 4-0, with Mr. Caudill abstaining because he was not in attendance at the July meeting.
CJK Conditional Use Order.John Jaros, Esq. represented the applicant. Chairman Hannum read excerpts from the Order, containing twenty-two conditions; the Supervisors voted on each condition separately:
Condition #1, a – g: a)Final Plan will be in accordance with Exhibits A-22-A-31, providing for a maximum of 150 towns, b) with minimum open space of 55%, c) minimum width of 24 feet for interior units and 30 feet for end units; d) each interior unit shall have a one-car garage, and each end unit a two-car garage. Additionally, each unit shall have driveway parking spaces of at least 25 feet in length which do not overhang the sidewalk or the internal street. The development shall have a minimum of 60 additional “common parking spaces, in accordance with Exhibit A-22. The CCR for the community shall restrict against converting garage spaces to living space or from using garage space for any storage which would prevent its being used for vehicle parking. Also, the common parking spaces shall be used only for vehicular parking, not camper, boat, etc.; e) Plan shall include a 50-foot setback around the entire perimeter of the tract for townhouse buildings, and a 25-foot set-back for parking areas, driveways and private streets as well as the trails. The 25-foot set-back shall also apply to the entrance boulevard, which must be relocated; f) the plan shall adhere to the building-to-building setback requirements; and g) no structures shall exceed 35 feet in height or three stories. Condition #1 was approved by unanimous vote (4-0).
Condition #2. The applicant shall formally withdraw the earlier non-conforming plans (Exhibits A-13 (a) and A-13 (b) within 14 days of the date of this Order–approved by unanimous vote (4-0).
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Condition # 3 — Applicant shall comply with the Subdivision and Land Development Ordinance requirements for this project (subject to any waiver requests granted by the Board of Supervisors), and shall submit land development plans substantially in accordance with the plans submitted as Exhibits A-22 and A-24, except as modified by this Order—approved unanimous vote (4-0).
Condition #4 . Applicant shall provide public sewer to the subdivision, shall construct any improvements of the collection system necessary to serve the project, and pay the per-unit tapping fee of $8,000 for each dwelling unit at the time of issuance of the building permit—approved by unanimous vote (4-0).
Condition # 5. Applicant shall provide public water service to the project, utilizing the Chester Water Authority for this purpose…approved by unanimous vote (4-0).
Condition # 6. a) Applicant shall provide a boulevard-style entrance to the subdivision, with a median strip, with each lane not less than 16-feet in width, and a landscaped strip of not less than 8 feet, in accordance with exhibit A-22, as well as make alterations to Schoolhouse Road to assure safe sight distances from both directions, b) applicant shall provide emergency access to and from Gale Lane across the Everfast property and shall secure a 30-foot wide permanent and irrevocable easement; c) all of the dwelling units shall be sprinklered; and d) the plans shall be submitted to the Township’s Fire Marshal and the Local Fire Chief to ensure safe turning movements for emergency vehicles –approved by unanimous vote (4-0).
Condition # 7Applicant shall provide recreational facilities in accordance with Exhibit A-24—approved by unanimous vote (4-0).
Condition # 8. Units shall be sold as footprint lots, community shall be subject to Covenants, Conditions, and Restrictions, and all roads in the development shall be owned and maintained by the Community Association—approved by unanimous vote (4-0).
Condition # 9. Applicant shall comply with all design standards applicable to this project—approved unanimously (4-0).
Condition # 10. Applicant shall offer additional right-of-way along Schoolhouse Road of 25 feet from centerline, in accordance with Exhibit A-22—approved by unanimous vote (4-0).
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Condition # 11, Applicant shall work with Township Landscape Architect, Glackin Thomas Panzak to provide for reforestation and removal of invasive species—approved by unanimous vote (4-0).
Condition #12. Applicant shall provide information in the Public Offering Statement about the nature of the adjacent ongoing farming operations and the rights of those operations to continue—approved by unanimous vote (4-0).
Condition #13. Applicant shall arrange for private trash pick-up at curbside at least once per week, within the community—approved unanimously (4-0).
Condition #14. Applicant shall secure all non-municipal permits and approvals—approved by unanimous vote (4-0).
Condition # 15. Applicant shall contribute $600 per unit at the time of issuance of building permit for off-site public improvement- approved unanimously (4-0).
Condition # 16 Applicant shall contribute $200 per unit for emergency services, payable at the time of issuance of building permit—approved by unanimous vote (4-0).
Condition # 17.The applicant shall contribute $500 per dwelling unit to the Township’s Open Space fund, payable at the time of issuance of building permit. Amount is reduced from typical $1000 contribution because of on-site recreational facilities which are being provided –Condition approved by unanimous vote (4-0).
Condition #18. Applicant shall post performance guaranteed and record a Best Management Practices Operations and Maintenance Agreement,–approved by unanimous vote (4-0).
Condition #19. Applicant shall comply with all Township Ordinances, unless specific waivers are granted—approved by unanimous vote (4-0).
Condition #20. Applicant’s plans shall be in conformance with all representations made during the Conditional Use Hearings, whether or not specifically referenced in this Order—approved by unanimous vote (4-0).
Condition #21.Board of Supervisors reserves the right to make modifications to this Order, as requested by Applicant, without need to re-open the Conditional Use Hearings—approved by unanimous vote (4-0).
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Condition #22. Within 60 days, applicant shall reimburse the Township for expenses related to this hearing, including Township Consultants, Solicitor, and court stenographer, above the cost of the application fee—approved by unanimous vote (4-0).
Also by unanimous vote (4-0), the Supervisors approved the full Conditional Use Order for CJK, with the 22 individual conditions.
Lots on Marlboro Springs Road. George Broseman, Esq. and Scott Emerson from Bentley Homes represented the request for Preliminary Plan approval for the subdivision of ten new lots for single-family dwellings, with an eleventh existing lot which will be increased in size by about one acre. All lots would have driveways accessing onto either Marlboro or Marlboro Springs Road; there are no new public roads proposed. Board asked that twenty-five feet from center of both roads be dedicated to the Township for increased public right-of-way. Board requested additional time to review the plan; Applicant agreed that September 12, 2016 would be timely for decision on the Preliminary application.
Conditional Use Applications.The Township received three applications for Conditional Use:
- Longwood Land for a Car Wash on Onix Drive –Applicant is Ed Henry
- L & B Business Holdings – conversion of existing buildings at 221 and 222 Gale Lane into offices, research laboratory, and compounding laboratory for pharmaceuticals
- Kennett Community Wrestling Club request for training center in existing building in Suite 340 at 503 North Walnut in the buildings owned by Mr. Sanchez.
The supervisors set two dates – August 23 and August 30 to accommodate the three hearings.
Traffic Calming on Township Roads. John Sarro reported that Township has received a proposal from Traffic Planning and Design, but we need more time to review. He hopes to have a more thorough report at the September Board meeting.
Unionville Community Park – Phase II. Lisa Donlon of VanDemark & Lynch reported on the progress at the Park, including the tot lot, pavilion, wetlands crossings and entrance plaza. Since landscaping cannot be installed until September, the completion will be later in the Fall.
Vision Partnership Grant Application. This application for Chester County funding of a study of Library needs is supported by eight municipalities, but funded by Kennett Township, Kennett Library, and Chester County. The Supervisors voted unanimously (4-0), to support the application and authorize Chairman Buzz Hannum to sign the document of support.
Zoning Ordinance Amendments.Cuyler Walker reported on several proposed amendments to the Zoning Ordinance, including specifics on height of buildings, details on re-forestation in riparian buffer
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zones, and some minor changes in text. The Supervisors authorized sending the amendments to Chester County Planning for review.
Bills.By unanimous vote (4-0), the Supervisors approved payment of invoices with the following totals:
General Fund $ 63,447.13
Payroll $ 59,193.05
Sewer Fund $ 34,372.78
Unionville Park $244,050.97
Treasurer’s Report. By unanimous vie (4-0), the attached report was accepted as prepared.
The public meeting was adjourned at 9:05 p.m., at which point the Supervisors went into executive session to discuss a personnel matter.
EAST MARLBOROUGH TOWNSHIP
Jane R. Laslo, Manager/Secretary
EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
AGENDA – August 1, 2016 – 7 P.M.
Call to Order – Pledge of Allegiance
Public Comment Period
Minutes of July 11, 2016
Conditional Use Order – CJK Proposal for Townhouses on Schoolhouse Road
Marlborough Springs (Idlings) – Single-family homes– Scott Emerson
Conditional Use Applications – 1) Car Wash on Onix Drive – Set Hearing date
2) Compounding Laboratory – 221-222 Gale Lane – Set Date
3) Community Youth Wrestling Club – Walnut Road –LI District
set hearing date
Update on Traffic Calming – John Sarro (awaiting proposal from TP&D)
Status Report on Unionville Park – Phase II
Authorize approval of Vision Partnership Grant Agreement – led and funded by Kennett Township and Kennett Library
Bills
Treasurer’s Report
NOTE: Executive session for personnel and legal matter