EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
Meeting of the Board – September 11, 2017
Vice Chairman John Sarro 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 Eddie G. Caudill, Christine Kimmel and Robert F. Weerwere also present, as was Solicitor Frone Crawford, and Planning Commission Chairman Cuyler Walker.Board Chairman Richard Hannum arrived late to the meeting due to work commitments.
Public Comment Period. Board Member Christine Kimmel raised a concern about the parking along Route 82 and in Fire Lanes around the Unionville-Chadds Ford School Campus during evening events. Mrs. Kimmel said she contacted Superintendent John Sanville regarding unsafe conditions that occurred during the Middle School Back to School night on Wednesday, September 6th. Mrs. Kimmel said cars were parked along Route 82 and pedestrians were walking along the road in the dark even though the road is posted with No Parking signs. Township Manager Prysock said she would contact the school to see how we can coordinate with the district to stop illegal parking and improve the safety conditions during events.
Board Member Bob Weer asked for a moment of silence to reflect on the 16th Anniversary of the September 11th terrorist attacks.
Minutes of August 7, 2017. The minutes were approved by a vote of 4-0.
Walnut Walk Escrow Release #10. Based on engineer Jim Hatfield’s recommendation, the Supervisors approved the release of $37,714 from escrow for the construction of Walnut Walk Phase II. The Supervisors voted 4-0to approve the release.
Field Change to Approved Plans for Walnut Walk. Engineer Hatfield explained that Bentley Homes had discovered two dead trees on the Walnut Walk property that they would like to remove. Because there was a tree inventory plan that was part of the final approved plan which included one of the dead trees, the other was missed, the Supervisors needed to approve the removal of the trees. Mr. Hatfield confirmed that neither of the dead trees are specimen trees and were necessary for safety reasons. The Supervisors voted 4-0 to allow Bentley Homes to remove the dead trees.
Route 82 Roundabout Beautification. Manager Prysock updated the Board on the partnership between the Longwood Rotary, the Four Seasons Garden Club and the Township to improve the appearance of the Roundabout on Route 82. The project calls for clean-up and re-landscaping of the island in the middle of the Roundabout. The Four Seasons Garden Club created the landscape design and will provide a maintenance schedule for the plants, The Longwood Rotary is funding the project and providing the labor to clean-up, plant and maintain the plantings and the Township will mow the grass area and water the plants once a week. The Township will also replace any plants that become damaged or die. Supervisor Caudill inquired about the safety for the volunteers, Manager Prysock said the Township would place a truck on the apron and has signage and safety vests for the workers. The Supervisors voted 4-0 in favor of the plan to beautify the Roundabout.
Bellefield Escrow Release. Mr. Hatfield said that Vince D’Annunzio had contacted the Township for the release of the escrow for the remaining lot, #7, in the Bellefield subdivision. Mr. Hatfield inspected the site and recommended the return of the $12,153.75 escrow check that was deposited in 2016. The Supervisors voted 4-0 to return the escrow.
Bellefield Engineering Proposal. Mr. Hatfield said he had been contacted by the Bellefield HOA to give an estimate for the long-term maintenance costs for the Storm Water controls within the neighborhood. Mr. Hatfield asked the Board to determine if providing this estimate would constitute a conflict of interest. Solicitor Crawford advised that providing a proposal for an HOA maintenance schedule was a technical conflict but waive able by the Board. The Supervisors voted 4-0 to waive the conflict of interest.
Kennett Area Senior Center Request presented by Fred Wissemann. Mr. Wisseman approached the Board on behalf of the Senior Center asking for financial support for 2018. Mr. Wissemann said 312 residents of East Marlborough Township use the Senior Center which translates to 17% of their users. Supervisors Weer said 312 totaled only 5% of the township residents and he didn’t feel that was a large enough percentage to warrant taxpayer support. Supervisor Sarro asked if the Center was seeking a specific amount and Mr. Wissemann said he would accept anything but other townships were giving $1,500. Mr. Wissemann thanked the Board for their consideration.
Marlboro Springs Final Plans. Scott Emerson requested for the Supervisors to sign the final plans for the Marlboro Springs subdivision that was approved by the Board in October 2016. Solicitor Crawford said the Supervisors should sign the plans but that they wouldn’t be released for recording until the Township received a Letter of Credit for the escrow along with the Financial Security documents. Mr. Emerson said he would send the letters to Mr. Crawford. The Supervisors signed the plans.
Application to Renewal the MS4 Permit. Mr. Hatfield informed the Board that the 30 day public comment period on the application had ended and the Township did not receive any comments on the permit application. Based on past approval from the Board for the permit application, the document would be submitted to DEP this week.
Preliminary Plan Review for the Longwood Preserve (CJK) Subdivision. Solicitor Crawford asked John Jaros, Counsel for CJK, if they were willing to extend the time limit to vote on the plans until October 2nd, Mr. Jaros said he clients agreed to the extension. Mr. Jaros asked the Board for direction on a couple of items that were raised by the Planning Commission, specifically:
- The Boulevard entrance to the neighborhood. Longwood Fire Company Chief McCarthy had reviewed the plans and objected to plantings in the medians of the boulevard and the proposed 16’ travel lanes. Jaros asked the Supervisors if they preferred a boulevard style entrance along the entire road off of Schoolhouse or an abbreviated boulevard just at the entrance with two, non-divided lanes the rest of the way into the development. The Supervisors were split on the plan they preferred so CJK will rework the entrance and present two alternate plants at the September 26th Planning Commission meeting.
- Jaros said the Planning Commission had asked the developer to allow for public access from Longwood Preserve connecting through to the development proposed by Doug White off of Gale Lane. Mr. Jaros said this request raised concerns with his clients because of liability issues having the public walk on private property if the streets were owned by the HOA. They were also concerned about the public having access to the private walking trails which would surround the community. Mr. Jaros asked if the Township would be willing to accept dedication of the streets to alleviate the concerns outlined above. Solicitor Crawford said it would appropriate for the Township to take dedication of the streets but have the HOA maintain ownership of the sidewalks, as is the case in the adjacent Schoolhouse Lane Community.
- Jaros also asked to clarification on the Boards preference for the 20’ wide access easement that would provide emergency access through to the Everfast site which connects to Gale Lane. The Supervisors indicated a preference for permanent paving. Supervisor Caudill asked about who would be responsible for plowing the emergency access road through the Everfast site in a heavy snow event. Solicitor Crawford said the details should be in the emergency access easement.
- Jaros asked if the Supervisors had a preference on the surface for the required walking trail. Planning Commission Chairman Walker said they while impervious coverage is usually preferable, wood-chip trails have proven to be problematic because of maintenance issues. Both the Planning Commission and the Supervisors prefer for the trail to be a 5’ wide paved trail.
Resolution 2017-15to Authorize an Application to the Transportation Alternative Set-Aside Grant Program with the Pennsylvania Department of Transportation. Township Manager Prysock introduced a Resolution authorizing the Township to seek a grant to pay for the construction costs for a crosswalk/median/rapid flashing signal to increase pedestrian safety on Route 82 in front of Charles F. Patton Middle and Unionville High Schools. If awarded, 100% of the construction costs for the project would be paid for by the grant with approximately $180,000 of design/engineering costs to be incurred outside of the grant. Manager Prysock said the Board of Directors of the Unionville-Chadds Ford School District is considering splitting the design costs with the Township. In addition, the Township submitted a grant proposal to the Longwood Foundation for $60,000 which if awarded would be applied to the design/engineering costs with the remaining amount split between the Township and the School District. Supervisor Weer objected to the Township assuming half of the costs for the project and offered that in his opinion the School District should assume 100% of the design costs. Supervisor Caudill disagreed with Mr. Weer and said that Route 82 is a Township Road and the Township should be responsible for maintaining it and providing a safe way to cross it. Mr. Caudill said he would be grateful to the School District if they partnered with the Township and split the design portion of the project. The Supervisors voted 3-1 to approve the Resolution with Mr. Weer opposing.
Aldi Conditional Use Order. Chairman Hannum arrived in time to read the Conditional Use Order for Clark Kennett Realty Partners, LP and CAPS Realty Partners. The Conditional Use application asked for approval to convert the existing use (Sears Paint and Hardware Store) of a parcel located at 817 East Baltimore Pike to a new retail use, being an Aldi Supermarket. Mr. Caudill recused himself from voting on the Order since he was not at the Hearing. Mr. Sarro recused himself from voting on the Order due to a conflict of interest. Mr. Hannum read the Order:
The conditional use approval herein granted is expressly subject to the Applicant’s compliance with all of the following conditions, which are deemed to be necessary for protection of the public health, safety and welfare and for compliance with applicable provisions of the Township Zoning Ordinance pertaining to conditional uses, as set forth in Section 2109 of the Township Zoning Ordinance (incorporated by reference under Section 2008 of the Ordinance).
- 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. Without limiting the foregoing, the front entrance to the store shall be toward the eastern end of the front façade, as depicted on Exhibits A-13 and A-14, and following specific conditions are hereby imposed upon this grant of conditional use approval. The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- The Applicant shall continue to provide a total of not less than 95 striped parking spaces, to be devoted to employee usage and customer usage of both the existing Pet Value store and the proposed ALDI supermarket. Employees shall be required to use the parking spaces in the rear of the building, thus leaving all spaces in front of the building for usage by customers of the two stores. Spaces shall be clearly striped. The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- The Applicant shall provide a crosswalk from the sidewalk along the building frontage to the parking area, substantially in accordance with Finding of Fact No. 9 and Exhibit A-15. The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- The existing landscape features of the Property shall be reviewed by the Township’s landscape consultants, Glackin Thomas Panzak, and the Applicant shall comply with any requirements of the Township’s consultant with regard to replacement of existing landscape materials which may be dead, diseased, or otherwise unsuitable for the site, and shall also trim any existing landscape material that may be interfering with adequate sight distance for vehicles (i) exiting the site to Onix Drive and/ or (ii) existing Onix Drive to Baltimore Pike southbound. The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- The ALDI supermarket shall not store materials or products for sale outside of the building, with the exception of grocery carts, which each evening shall be locked in place along the front sidewalk of the building. The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- The ALDI supermarket shall be served solely by “in-house” deliveries of products, which may occur on a daily basis (seven days per week), but only within the following time ranges: 9:00 p.m. to 10:00 p.m. or 7:00 a.m. to 9:00 p.m. (except as Sunday deliveries shall not occur before 8:00 a.m.). The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- The Applicant is authorized to alter the facades of the building, provided that the front façade, as so altered, shall be substantially in accordance with Exhibit A-14 (with the relocated entrance) as entered into the Record. The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- The Applicant shall post the five parking spaces which would be encroached upon by trucks exiting the site in accordance with the truck turning template admitted into the Record as Exhibit A-11, as “no parking 9:00 p.m. to 9:00 a.m.” The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- The Applicant, in conjunction with discussions with the Township Engineer, shall design and construct sidewalks along the frontage of the Property, including both the Baltimore Pike frontage and the Onix Drive frontage thereof. In the event that existing vegetation interferes with this condition, the Applicant in cooperation with township consultants shall provide replacement vegetation compatible with the construction of the proposed sidewalks. The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- The Applicant will provide additional fire protection for the Property by installing a sprinkler system and will otherwise meet current fire and safety codes. The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- Although the Applicant does not propose to prepare foods on-site, or to provide any on-site eating areas, the Applicant shall install a grease trap as part of its alteration of the building.The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- The Applicant shall maintain the existing retractable loading dock, in order to minimize the necessity of delivery vehicles backing up within the site, as the site borders a residential area to the north thereof.The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- The existing lighting facilities shall remain as is, and any modification thereof shall be subject to further review and approval by the Township Board of Supervisors.The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- All trash and refuse operations shall be enclosed and operated to prevent emission of odors or spread of trash. Trash pickup shall be between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday, and the hours of 8:00 a.m. to 6:00 p.m. on Saturday. There shall be no trash pickups on Sunday.The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- 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 milliamp 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 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- There will be no visibility of roof-top 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 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- Although it is acknowledged that the prior owner of the Property contributed $75,000 as its proportionate share of the Baltimore Pike (Route 1) Highway Improvement Program at the time of construction of the building, it is clear that the proposed ALDI supermarket will create more average daily trips and, specifically, more peak hour afternoon trips than the Sears Paint and Hardware store has generated. Consequently, the Applicant shall make a contribution to the Baltimore Pike Improvement Fund in the amount of $10,000. (The Highway Improvement Program includes, in addition to physical construction, a program to coordinate all traffic signals along the Route 1/Baltimore Pike corridor, to the benefit of commercial uses along Baltimore Pike.) Funds shall be transferred to the Township at the time of issuance of a building permit for the construction of alterations to the existing building. (The Township shall have the right to utilize the funds for any of the phases of the Baltimore Pike Improvement Program yet to be constructed and/or to meet reimbursement obligations of the Township’s improvement partnership arrangements and/or for other highway improvements within the Township.)The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- 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 $200 per 1,000 square feet of total floor space, being a total of $4,800 due at the time of the issuance of the building permit. The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- 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 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining. The Supervisors voted 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- 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 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
- 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 3-0 to approve the condition with Mr. Caudill and Mr. Sarro abstaining.
The Supervisors voted to approve the Order as a whole 3-0 with Mr. Caudill and Mr. Sarro abstaining.
Bills. By unanimous vote (5-0) the Supervisors approved payment of invoice with the following totals:
General Fund: $148,751.02
Payroll: $ 52,638.87
Sewer Fund: $ 18,602.49
Unionville Park: $ 3,002.89
Treasurer’s Report. By unanimous vote (5-0) the Treasurer’s Report was accepted as submitted.
The public meeting was adjourned at 9:35p.m., at which point the Supervisors went into Executive Session to review a legal matter.
EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
AGENDA – September 11, 2017 – 7:00 P.M.
1. Call to Order and Pledge of Allegiance
2. Public comment period
3. Approval of Minutes of August 7, 2017
4. Walnut Walk Escrow Release #10- $ XXXX requested by Doug Knox
5. Field Change to Approval Plan for Walnut Walk by Doug Knox
6. Route 82 Roundabout Beautification
7. BellefieldEscrow Release – $12,153.75 requested by Vince D’Nunzio
8. Vandemark& Lynch proposal for engineering service to Bellefield, Board review for conflict of interest
9. Kennett Area Senior Center donation request by Fred Wissemann
10. Marlboro Springs Final Plan review represented by Scott Emerson
11. Authorize submission of the MS4 permit application
12. Clark Realty Conditional Use Order
13. Longwood Preserver/CJK Preliminary Plan review represented by John Jaros
14. Resolution 2017-15 to authorize a grant application for crosswalks on Route 82 at the schools
16. Treasurer’s Report
Note: There will be an executive session immediately following the public hearing to review personnel policies.