East Marlborough Township

721 Unionville Road
Kennett Square, PA 19348
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08/07/2017 Board of Supervisors

August 7, 2017

EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS

Meeting of the Board – August 7, 2017

Chairman Richard P.S. Hannum, Jr. called the public meeting to order at 7:00 p.m. in the Township Building by leading the group in the Pledge of Allegiance. Board members John Sarro, Eddie G. Caudill, Christine Kimmel and Robert F. Weerwere also present, as was Solicitor Frone Crawford, and Planning Commission Chairman Cuyler Walker.

Public Comment Period. No public comments.

Minutes of July 10, 2017. The minutes were approved by a vote of 5-0.

Ordinance 2017-03 to amend the East Marlborough Township Zoning Ordinance to incorporate the new FEMA Flood Plain language. The Supervisors voted unanimously (5-0) to pass the Ordinance and approve the amendment to the Zoning Ordinance.

Resolution 2017-14. The resolution to add Louise Hendriks’ 20.4 acre property, tax parcel #61-4-5.1 located on Byrd Road, to the Agriculture Security Area was passed unanimously with a 5-0 vote.

Pennock Avenue Maintenance Agreement Release of Escrow. Based on AECom’s recommendation, the Supervisors approved the return of $6,375.00 that had been held in escrow for a period of 18 months for the sewer line in Pennock Green. The supervisors voted 5-0 to approve the return of the escrow.

Walnut Walk Escrow Release #9. Based on engineer Neil Carlson’s recommendation, the Supervisors approved the release of $94,965.05 from escrow for the construction of Walnut Walk Phase II. The Supervisors voted unanimously (5-0) to approve the release.

Toll Brothers Sketch Plan for a Proposed Development on the Pratt Property on Unionville Road. Alyson Zarro from Riley Riper Hollin and Colagreco represented Toll Brothers to present the sketch plan. The proposed plan has 42 houses being situated on the western side of Route 82 and the property on the eastern side of 82 being used as Open Space. Planning Commission Chairman Cuyler Walker relayed that the Planning Commission was in favor of the effort preserve Open Space. Mr. Walker stated that the Cluster Option was created to allow for smaller lots with a larger percentage of Open Space. He said in general the proposed plan was well received by the Planning Commission. Mr. Walker and Planning Commission member Jane Donze offered to host a meeting with the adjoining property owners and Toll Brothers.

Bob Weer asked if Toll Brothers would provide access across Route 82 to connect the eastern portion of the property with the western side. Andrew Semon with Toll Brothers said they would provide access and that they are proposing a sidewalk and pedestrian crossing.

Mr. Semon said the plan currently calls for 42 single family homes with two car garages and driveways that would allow for an additional two cars to be parked off the street. On-street parking would be permitted on one side of the street. When questioned about sidewalks throughout the neighborhood Mr. Semon said Toll Brothers would meet the zoning requirements. Other specifics about the proposed sketch plan include 24’ wide cart ways with a 50’ Right of Way. 20’ setbacks from the back of the sidewalk to the front of the garage. The approximate lot size is proposed to be 7,350 sq. ft or approximately 1/6 of an acre.

Eddie Caudill asked about the sight distance from the proposed entrance to the crest of the hill on Route 82. Mr. Semon said they have a preliminary traffic study from McMahon Associates which indicated they can meet the necessary sight distance requirements but that a full traffic study would be conducted as part of the preliminary plan submission. Solicitor Frone Crawford asked about the width of the buffers that Toll Brothers is proposing, Mr. Semon said they would meet the requirements in the Ordinance. Cuyler Walker asked if Toll Brothers had an idea of how the Open Space would be used and if it would be owned by the HOA, Mr. Semon said that decision had not yet been made.

John Sarro asked about proposed road improvements to Route 82, would a sidewalk be installed, could a “run around” lane get installed? Mr. Crawford said there was money in escrow from the expansion of Willowdale Chapel that could be used to install a sidewalk in front of the church. Mr. Semon said he didn’t think there would be room to install a “run around” land due to the proximity of the R-P Nursery Building to the road. Bob Weer asked Toll Brothers if they would consider making the cart way within the neighborhood wider, Mr. Semon said they would make sure the EMS vehicles servicing the community could fit. In addition, Toll Brothers will dedicate a 50” Right of Way along Route 82.

Blackshire resident Andrew Skean spoke in opposition to the plan, he said he appreciates Open Space but feels like the density on the west side of Route 82 will adversely affect the Village of Blackshire. Fellow resident Mike Hogan asked about the entrance/exit to the Toll Brothers neighborhood and asked if Blackshire residents would have to put up with construction traffic using Chalfant and Blackshire Roads. Mr. Semon said it was possible to limit the access to Chalfant Road to emergency service vehicles and prohibit construction traffic. Mr. Hogan also asked why the Township would allow small lots next to 1 acre lots. Blackshire resident Al Iacocca asked how Toll Brothers would handle it if storm water management causes a problem for adjoining residents. Mr. Semon said that Toll Brothers would address issues if the arise.

Resident Julia Lacy asked where the proposed entrance would be located; Mr. Semon said it would line up with the current driveway for R-P Nursery.

Mr. Skean said the he believed East Marlborough should be opposed to high density developments and that the community would benefit from a split plan with ½ of the houses located on the eastern side and ½ of the houses located on the western side of Route 82.

Resident Tom Petrignani asked if the Township had flexibility to allow for Toll Brothers to build one or two more houses if they split the development.

Mr. Iacocca said the new development would have a significant impact on traffic, especially when school is in session, he said traffic has been known to back up from the high school all the way to E. Locust Lane in the morning. Mr. Iacocca also asked what type of screening would be provided to the properties that border the Chalfant Road stub which would connect to the Toll Brothers neighborhood. Mr. Semon said Toll Brothers would work with the township to shift planting from some buffer areas to others where they would have the most impact.

Mr. Skean asked how Cluster Zoning was permitted and who permitted it. Board Chairman Mr. Hannum said the Cluster Zoning was passed by the Board of Supervisors.

Mr. Hannum asked Toll Brothers if they would provide a PDF of the sketch plan so it could be posted on the East Marlborough Township website and also provide copies to the residents. Mr. Semon said the plans would be sent to the Township Manager shortly. Mr. Hannum said the Township would work with Toll Brothers and Mrs. Donze to get a meeting scheduled for the neighbors to work through their concerns with members of the Planning Commission and Toll Brothers.

Resolution 2017-13 East Marlborough Township Personnel Manual. Township Manager Prysock introduced need for a Personnel Manual which has been worked on in conjunction with Solicitor Crawford and members of the Board of Supervisors for the past few months. The Supervisors voted 4-1 to approve the Personnel Manual with edits with Eddie Caudill opposing.

Proposed development on Gale Lane by Doug White. East Marlborough resident Doug White updated the Supervisors on his efforts to get the Planning Commission to initiate a change to the Zoning Ordinance to allow for Cluster development to be utilized in the Limited Industrial (LI) Zone. Current zoning allows for Townhomes and Cluster Zoning for single family homes but does not address twin homes. Mr. White is proposing a 54 unit twin home development with building footprint lot lines. He proposes this plan would allow for more open space and would fill a need in East Marlborough Township. Under the proposed plan the roads within the development would be private and all of the open space would be maintained by the HOA.

Mr. Caudill asked about the width of the streets and the length of the hammerhead depicted on the plan. Jim Fritsch from Regester & Associates said the streets would be 24’ wide and the hammerhead is 110’ long. Mr. Fritsch said the design would allow EMS vehicles to pull in and turn in order to get out of the hammerhead. Mr. Sarro asked what the setback distances would be for the property; Mr. White said they would meet the ordinance standards. Resident Al Iacocca said walking trails are very desirable and asked if they would be incorporated. Mr. White said there would be internal trails but the developers of the CJK project on Schoolhouse Road were not interested in connecting the neighborhoods.

Mr. Walker said the Planning Commission supports the change to allow Cluster Zoning for Twin homes in the LI district and would begin drafting the amendment. Mr. Crawford stated that the Cluster provision in the LI District would not give a density bonus for Twins.

Mr. Hannum asked how the Conditional Use Order for this proposed development would be affected by Mr. White’s revised plan. Mr. Crawford said the Conditional Use hearing would need to be reopened to consider an alternate plan that may be allowable if the zoning was amended. Mr. Walker said the Planning Commission would draft the amendment, it would be introduced at the September meeting and sent to Chester County Planning for comment and suggested the amendment could be voted on at the October Board of Supervisors meeting.

Mr. Hannum asked for input from the Board of Supervisors to see if they were interested in amending the Zoning Ordinance to allow for Cluster Zoning for twins in the LI district, all Supervisors were in favor of pursuing the change.

Bills. By unanimous vote (5-0) the Supervisors approved payment of invoice with the following totals:
General Fund: $ 59,178.80
Payroll: $ 50,793.68
Sewer Fund: $ 26,084.37
Unionville Park: $ 56,071.56

Treasurer’s Report. By unanimous vote (5-0) the Treasurer’s Report was accepted as submitted.

The public meeting was adjourned at 10:00 p.m., at which point the Supervisors went into Executive Session to review personnel policies.

EAST MARLBOROUGH TOWNSHIP

BOARD OF SUPERVISORS

 

AGENDA – August 7, 2017 – 7:00 P.M.

 

 

A public hearing will be held immediately preceding the meeting on the proposed FEMA Floodplain Ordinance and an additional to East Marlborough Township’s Agriculture Security Area.

 

  1. Call to Order and Pledge of Allegiance

 

  1. Public comment period

 

  1. Approval of Minutes of July 10, 2017

 

  1. Ordinance 2017-03 FEMA Floodplain

 

  1. Resolution 2017-14 to add Louise Hendrik’s property into the Ag Security Area

 

  1. Escrow Release for Pennock Avenue Sewer Guarantee

 

  1. Escrow Release for the Walnut Walk Pump Station requested by Doug Knox

 

  1. Toll Brothers – Pratt Property Sketch Plan

 

  1. Resolution 2017-13 to approve the East Marlborough Township Personnel Manual

 

  1. Doug White – Requesting Ordinance revision for cluster zoning

 

  1. Bills

 

  1. Treasurer’s Report

 

  1. Adjournment

 

 

Note:  There will be an executive session immediately following the public hearing to review personnel policies.

Filed Under: ALL MEETINGS, BOS Meetings 2017, Supervisors Minutes 2017

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