EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
Meeting of the Board – September 9, 2019
Immediately preceding the meeting there was a Conditional Use Hearing for Clark Kennett Realty and Hearing on the proposed Sidewalk Maintenance Ordinance as well as additions to the East Marlborough Township Ag Security Area.
At the conclusion of the hearing the Supervisors voted on the Conditional Use Order for Clark Realty. The order contains the following conditions:
- The use of the Property shall be substantially in accordance with the
testimony and exhibits presented by the Applicant during the course of the hearing,
except as specifically modified by the conditions set forth herein below, and further to be in conformity with the Findings of Fact hereinabove set forth. The Supervisors voted 4-0 to approve the condition, Supervisor McKinstry was not present.
- The Applicant shall continue to provide a total of not less than 91 striped
parking spaces to be devoted to employee, customer and patient usage at both the
existing Pet Value store, the proposed CHOP medical facility, and the uses proposed in
this Application. The Supervisors voted 4-0 to approve the condition, Supervisor McKinstry was not present.
- The Dollar Tree shall operate between the hours of 10:00 AM and 10:00
- seven days a week. The Supervisors voted 4-0 to approve the condition, Supervisor McKinstry was not present.
- Deliveries shall be at either a loading dock or a loading area. The exact
location and configuration of the loading dock or loading area shall be approved by the Township Engineer. The Supervisors voted to approve the condition with a vote of 3-0, Supervisor Lacy abstained and Supervisor McKinstry was not present.
- The exterior design and finish of the signage in front of the lease
premises shall be as set forth in Exhibit A-5. The Supervisors voted 4-0 to approve the condition, Supervisor McKinstry was not present.
- The signage for the Property shall be in conformity with applicable
Ordinance requirements, unless the Applicant applies for and obtains variances from the Zoning Hearing Board. The Board of Supervisors strongly suggests that the signage be illuminated by outside lighting, but in the event the Applicant chooses to
provide internal illumination to the signage, it must utilize the maximum 30 milliamps
transformer, and must be muted and not exceed the level of illumination utilized by the Marlborough Square (Giant) signage. There will be no moving or flashing components of the signage. The Supervisors voted 4-0 to approve the condition, Supervisor McKinstry was not present.
- To the extent roof material is visible, it shall be standing seam metal roof
material. The Supervisors voted 4-0 to approve the condition, Supervisor McKinstry was not present.
- There will be no visibility of rooftop HVAC, plumbing or other equipment.
The same must be screened from view utilizing a pent roof or similar method, with a
height of the screening material to be at least as high as the top of the equipment. The Supervisors voted 5-0 to approve the condition.
- The Applicant shall provide for a sprinkler system and shall otherwise
meet current fire and safety code requirements. The Supervisors voted 5-0 to approve the condition.
- The existing lighting facilities shall remain, and any modification thereof
shall be subject to further review and approval by the Township Board of Supervisors. The Supervisors voted 5-0 to approve the condition.
- All trash and refuse operations shall be enclosed and operated to prevent
emission of odors or spread of trash. The once a week trash pickup shall be between
the hours of 7:00 AM and 9:00 PM, Monday through Friday, and the hours of 8:00 AM to 6:00 PM on Saturday. There shall be no trash pickup on Sunday.
- If the Applicant has not already reserved sufficient sanitary sewer capacity
for the existing and proposed uses, the Applicant shall purchase the required EDU’s.
After the CHOP medical office and the Dollar Tree store are in operation,
a new parking study shall be concluded to determine whether there is sufficient parking available for the existing uses, and the 1,380 square foot and 1,350 square foot uses. Depending on the conclusion of the new parking study, additional offsite parking may need to be provided or use restrictions placed on the proposed 1,380 square foot and 1,350 square foot units. The Supervisors voted 5-0 to approve the condition.
- The Applicant shall make a contribution for the acquisition or improvement
of firefighting, rescue, ambulance and other emergency services equipment, including the safety of the proposed development, its employees and customers. The amount of this emergency services contribution shall be at the rate of $400 per 1,000 square feet of total floor space, being a total of $5,500.00 due at the time of the issuance of the building permit. The Supervisors voted 5-0 to approve the condition.
- The Applicant’s project shall substantially conform with all representations
made during the conditional use hearing, whether or not specifically referenced in this
Order or in the Findings of Fact, and shall otherwise comply with all other applicable
laws, ordinances and regulations. Without limiting the foregoing, the project shall
conform with all physical performance requirements set forth in Section 1811 of the
Township’s Zoning Ordinance the Supervisors voted 5-0 to approve the condition.
- All necessary permits shall comply with the PA Uniform Construction Code
(PAUCC), including building permits for modifications or fit outs to existing structures. The Supervisors voted 5-0 to approve the condition.
- The Board of Supervisors reserves the right to make such modifications to
the project as may be requested by the Applicant as the Board of Supervisors deems to
be in the public interest, without the necessity of reopening the conditional use hearing. subject to the Board’s providing prior notice of the proposed modifications to parties of record in the hearing. The Supervisors voted 5-0 to approve the condition.
- The Applicant shall, within sixty (60) days of the date hereof, reimburse
the Township for Township expenditures related to this Application, including all fees payable to Township consultants, the Township Solicitor, and costs of the court stenographer for appearances and transcripts. The Supervisors voted 5-0 to approve the condition.
The Supervisors approved the Conditional Use Order with a unanimous vote of 5-0.
Chairman Sarro called the meeting to order at 7:00 p.m. with the following people in attendance: Supervisors McKinstry, Hannum, Lacy and Jameson, Planning Commission Chairman Walker and Engineer Donlon as well as Solicitor Unruh
Pledge of Allegiance and Public Comment Period. Kathryn Monahan, an East Marlborough resident, read a prepared statement about her concerns for the proposed Tri-M Building expansion. Ms. Monahan objected to the Supervisors allowing the process to move to land development without requiring a new Conditional Use application. The Supervisors each stated their reasons for why they voted on the request to move to land development and listened to a lengthy discussion regarding the traffic on Walnut Road. Supervisor Hannum assured Ms. Monahan that the plans would be thoroughly reviewed and stated that during the 12 years he was on the board he had never received a complaint about the operations at the Tri-M buildings on Gale Lane. The Supervisors said they would request a traffic study as part of the land development process.
While not discussed at the meeting, Supervisor Lacy requested that Ms. Monahan’s statement is included in the public record, a copy is attached.
East Marlborough resident Ruthie Kranz-Karl and a group of residents from Cedarcroft spoke about their ongoing concerns with speeding on W. Locust Lane. Ms. Kranz-Karl requested morning information from the township regarding challenges to speeding tickets and requested that the police begin ticketing when a car is traveling 10 miles over the speed limit rather than 15 miles per hour over. Ms. Kranz-Karl also requested that the Supervisors authorize a traffic study to determine what other measures can be taken to deter speeding. The Supervisors voted to authorize up to $7,000 in costs for a traffic study on W. Locust Lane.
Approval of Minutes. The minutes of the August 5th Board of Supervisors meeting were approved with a 5-0 vote.
Resolution 2019-19 Escrow Release for Longwood Preserve.
Engineer Lisa Donlon reviewed the request from the developers for an escrow release in the amount of $137,167.33. There were other inspection related items but based on her recommendation will not be released until additional escrow is posted with the township. The Supervisors voted 5-0 to approve the Resolution.
Update on PennDot project to Widen Route One. Frank Eels from Gannett Fleming the engineers for the project and Josephina Brown from PennDot appeared to brief the Supervisors and the public on the timeline for the project. Mr. Eels stated that the project includes widening the road so it will have three through lanes in both directions from the merge with the Kennett By-Pass to Greenwood Road. As part of the project they will be widening the curve for the intersection with Route One and Bayard Road, adding sidewalk from the Bank of America building to just past the Longwood Village Shopping Center on the westside of the road. In addition, PennDot will add a dynamic message board that will alert motorists to changing road conditions or hazards, it will be positioned near the intersection with Orchard Avenue. Supervisor Sarro stated that the township Zoning Ordinance prohibited the use of changeable electronic signs, but Mr. Eels stated that the project fell under the jurisdiction of PennDot and they did not have to comply with our Zoning Ordinance. After a lengthy discussion on the project, the Supervisors expressed their opposition to a changeable sign but PennDot stated they were going to proceed with their plan as it was designed. The project is expected to begin in 2020 with relocation of utility poles and lines with roadwork to begin in 2021. Mr. Eels assured the Supervisors that traffic lanes would remain open during the entire project.
Resolution 2019-20 Sidewalk Maintenance Agreement with PennDot. PennDot required the Township to sign a maintenance agreement to assume responsibility for the maintenance of the sidewalks they were installing as part of the widening project. The Supervisors voted 5-0 to approve the agreement and authorize an officer to sign it.
Ordinance 2019-05 Sidewalk Maintenance Ordinance. The Ordinance was drafted to require commercial property owners along Route One to maintain the sidewalk including snow clearing. The Ordinance was approved with a vote of 5-0.
Resolution 2019-21 to add the Donze property at 325 W. Street Road and the Wickersham property at 940 Marlboro Springs Road to the East Marlborough Agriculture Security Area. The Supervisors voted 5-0 to approve the Resolution.
Northridge Development Agreements. Solicitor Unruh presented the Supervisors with the Land Development agreement, Financial Security Agreement, Storm Water Facilities Maintenance Agreement and the 1st Amendment to the Prohibition to Develop Agreement. Mr. Unruh stated that the developer had secured financing for the project which will be completed in two phases. The Supervisors voted 5-0 to authorize an officer of the township to sign the agreements and have Solicitor Unruh record them once the Financial Security Agreement had been fully executed.
Presentation of the Pension Minimum Municipal Obligation for 2020. Township Manager Prysock submitted to the Supervisors the amounts that the township will be required to pay for pensions in 2020. The police pension obligation is $32,928.25, the non-uniformed obligation is $48,901.06.
Resolution 2019-22 Cell Tower lease for Orchard Valley site. Supervisor McKinstry updated the Supervisors on the negotiations for cell tower lease with UniSite. The lease terms include the following:
- Payment of a one-time fee of $178,638.67 for owed co-location fees
- Five-year lease with the option to extend for (10) five-year terms with a monthly rent of $3,204.24 that will increase by 4% for each year of the lease.
- Co-location fees equaling 20% of the rent UniSite receives from additional sites added to the tower. The fees must be paid within 30 days and an annual report submitted to the township detailing the tenants and fees.
The Supervisors voted 5-0 to authorize an officer to execute the final version of the lease.
Resolution 2019-23 lease with the US Post Office in Unionville. Township Manager Prysock briefed the Supervisors about the negotiations with the USPS. The lease term is five years beginning June 1, 2020 through May 31, 2025 with an option for two five-year renewal terms. The rent is $26,400 per year with an escalation of 5% for each of the renewal terms. The USPS required landlords to enter into a commission agreement with Jones Lang LaSalle to cover the USPS cost for the broker handling the lease. The commission for the first term of the lease is $5,280, the second and third terms of the lease do not have a commission. The Supervisors voted 5-0 to authorize an officer of the township to sign the commission agreement and the lease for the Post Office.
223 E. Street Road Land Development Plan. Solicitor Unruh informed the Supervisors that he drafted the Restrictive Covenant that was required in preliminary/final approval for the two-lot subdivision. The Supervisors voted 5-0 to authorize signing of the plans with the release of the plans being contingent on the homeowner signing the covenant.
Proposed revision to the Subdivision and Land Development Ordinance (SALDO). Planning Commission Chairman Walker requested that the Supervisors refer the draft modification to the SALDO to the Chester County Planning Commission for review. The changes increase the impact fees for emergency services to $400 per dwelling unit and $400 per 1,000 sq. ft. for commercial buildings. The Supervisors voted 5-0 to refer the draft Ordinance to the CCPC and authorized advertisement of a hearing on the Ordinance on October 7th.
Proposed revisions to the Zoning Ordinance. Planning Commission Chairman Walker reviewed the suggested changes to the Ordinance with the Supervisors which include tightening the environmental restrictions for timber harvesting as well as providing for environmental assessments for adverse impacts on development projects. Other changes include providing for no impact home occupations in all Zoning Districts, tightening the restrictions on short term rentals in certain districts and revisions to the signage language as well as other changes. The Supervisors voted 5-0 to refer the draft Ordinance to the Chester County Planning Commission for their review.
Advertising for an Ordinance to Permit an Intergovernmental Agreement with the State Historic Commission. Township Manager Prysock informed the Supervisors that the Township’s status as a Certified Local Government with the State Historic Commission was us for renewal. The recertification process requires the Township to enter into an Intergovernmental Agreement which needs to be authorized by Ordinance. The Supervisors voted 5-0 to advertise an Ordinance providing for an Intergovernmental Agreement with the Historic Commission.
Input for Longwood Gardens Land Development. Township Manager Prysock informed the Supervisors that she, Charlie Shock and engineers from Vandemark & Lynch had been approached by Longwood Gardens regarding a planning project to convert the existing Nuttery to office space, add a new storage building and renovate the Banana House. Longwood’s project managers wanted input from the Supervisors regarding a combined Preliminary/Final Land Development application. Supervisor Lacy stated she wanted to see a preliminary plan and a second submission for a final plan. The Supervisors request that Longwood Gardens submit preliminary and then final plan for the project.
Bills. By a vote of 5-0 the Supervisors approved payment of invoices with the following totals:
General Fund: $ 121,582.22
Payroll: $ 58,226.51
Sewer Fund: $ 23,715.61
Park Fund: $ 824.00
Treasurer’s Report. By a vote of 5-0 the Treasurer’s Report was accepted as submitted.
The meeting adjourned at 9:50 p.m.
Laurie Prysock, Township Manager
Public comment by Kathryn Monahan:
NY NAME IS KATHRYN MONAHAN AND I LIVE IN WALNUT WALK
I WOULD LIKE TO EXPRESS MY CONCERN REGARDING THE DECISION THAT WAS MADE AT THE AUGUST MEETING REGARDING TRI M’S REQUEST FOR EXPANSION
TRI M’S ATTORNEY ARGUED THAT THE PROPOSED EXPANSION DID NOT DIFFER ESSENTIALLY FROM WHAT THE TOWNSHIP APPROVED BACK IN THE 1990’S
MR. SARRO, MR. HANNUM & MR. JAMESON APPROVED TRI M’S EXPANSION REQUEST WITHOUT A SPECIAL HEARING
BECAUSE THEY SAID THAT THE TOWNSHIP’S LAND DEVELOPMENT APPROVAL PROCESS WOULD PROVIDE ENOUGH OVERSIGHT OF THE EXPANSION
AS MS. LACY POINTED OUT THE TRI M EXPANSION APPROVED IN THE 1990’S SHOULD NOT BE USED AS THE BASIS FOR APPROVING AN EXPANSION NOW NEARLY 30 YEARS LATER
TRI M IS ADDING A 14,470 SQUARE FOOT BUILDING WHICH IS ALMOST A 50% EXPANSION A LOT HAS CHANGED IN THE PAST 30 YEARS
AND A LOT HAS CHANGED IN THE PAST FEW YEARS PARTICULARLY ON NORTH WALNUT ROAD
IN ADDITION TO THE NEARLY 100 TOWNHOUSES IN WALNUT WALK, THERE IS THE DOUG WHITE NORTHRIDGE PROJECT APPROVED FOR 54 TWIN HOMES, LONGWOOD PRESERVES 150 TOWN HOMES AND WILLOWDALE 42 SINGLE FAMILY HOMES
TWO THINGS STAND OUT:
l. JUST THE 4 RECENTLY APPROVED NEW RESIDENTIAL COMMUNITIES ADD ABOUT 350 NEW HOMES TO THE TOWNSHIP
USING AN AVERAGE OF 3 PEOPLE PER HOUSEHOLD, AN ADDITIONAL 1000 RESIDENTS WHICH IS ROUGHLY A 15% INCREASE IN OUR TOWNSHIPS POPULATION SINCE 2016 NEARLY TWICE THE POPULATION THAT USED OUR TOWNSHIP ROADS IN THE 1990’5
2. THESE ADDITIONAL 350 NEW HOMES MEAN AT LEAST 350 IF NOT
700 ADDITIONAL CARS COMING IN AND OUT OF OUR 15 SQUARE MILE TOWNSHIP
WITH NORTH WALNUT ROAD RISKING TO BECOME A PRIMARY THOROFARE
CURRENTLY WITHOUT ADEQUATE SHOULDERS, TRAFFIC LIGHTS, SPEED BUMPS SIDEWALKS OR STREET LIGHTS
THIS IS MY MAIN CONCERN
WITHOUT ANY PLANS BY THE TOWNSHIP TO TAKE INTO CONSIDERATION THE TRAFFIC AND SAFETY ISSUES OF TRI M’S EXPANSION
TRIM CAN ARGUE THAT THE EXPANSION PROPOSAL HAS NOT CHANGED SINCE THE 1990’5
BUT TRI M CANNOT ARGUE THE TOWNSHIP HAS NOT CHANGED SINCE THE 1990’5
RE-OPENING,THE ORIGINAL CONDITIONAL USE HEARING WOULD HAVE GIVEN THE TOWNSHIP GREATER AUTHORITY IN REVIEWING THE PROPOSAL
THE MAJORITY OF SUPERVISORS ASSURED US THAT THE LAND DEVELOPMENT APPROVAL PROCESS IS SUFFICIENT TO PROVIDE AN OVERSIGHT OF TRI M’S EXPANSION
I SUGGESTTHATWE NEED MORE THAN OVERSIGHT
WE NEED AN ACTIVE INVESTIGATION AND A PLAN TO ADDRESS THE USE OF NORTH WALNUT ROAD
I RESPECTFULLY ASK THAT THE SUPERVISORS USE ALL THEIR AUTHORITY UNDER THE LAND DEVELOPMENT APPROVAL PROCESS
TO MAKE THE EXPANSION OF TRIM FACILITY CONDITIONED ON A DETAILED ANALYSIS OF HOW THE USE OF THAT FACILITY WILL IMPACT TRAFFIC ON NORTH WALNUT ROAD
AND TO DETERMINE WHAT ROAD AND TRAFFIC CONTROL IMPROVEMENTS ARE NECESSARY TO MAINTAIN THE CHARACTER OF OUR COMMUNITY AND THE SAFETY, NOT OF ONLY MOTORIST, BUT OF PEDESTRAINS
THANK YOU FOR THE OPPORTUNITY TO SHARE MY VIEWS