EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
Meeting of the Board – September 12, 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, Robert F. Weer and Christine Kimmel were also present, as was Solicitor Frone Crawford, Engineer Jim Hatfield and Planning Commission Chairman Cuyler Walker.
Public Comment Period.East Marlborough resident Shelley Mincer asked if the Board knew who owned the two abandoned houses on the North side of Route One between Greenwood and Bayard Road and if there were any plans to improve the houses. Mr. Caudill said the houses were owned by Phillips Mushrooms and Mr. Crawford said the township did not have standing to force improvements on the houses.
Minutes of August 1, 2016. The minutes were approved by a vote of 4-0 with Mrs. Kimmel abstaining because she was not in attendance at the August meeting.
Appointment of Public Works Director.Mr. Hannum announced that after conducting a search for qualified applicants, the Township had selected Jeffrey Simpson for the newly created position of Public Works Director. Mr. Simpson currently works for London Grove Township and had previously worked for East Marlborough Township. Mr. Simpson’s appointment was approved 4-0 with Mr. Weer abstaining.
Walnut Walk Phase II Establishment of Escrow.Township Engineer, Jim Hatfield, presented his recommendation for the establishment of escrow for the second phase of the Walnut Walk development. The recommended amount was $2,549,170. This amount included funds for widening Walnut Road which was also included in the escrow amount for Phase I; when the widening is completed the suggested amount for this work will be deducted from both escrow totals. The Supervisors accepted Mr. Hatfield’s recommendation by a unanimous (5-0) vote.
Glenelg Farm – Escrow Release #15. Devon Pearson was present to request and sign the release; by unanimous vote (5-0), the Supervisors approved the release of $57,264.00, as recommended by Township Engineer, Jim Hatfield.
Inter-municipal Liquor License Transfer.Joe Riper, representing 5th Street Hospitality Group, opened a public hearing to seek approval for the transfer of a liquor license currently assigned to the City of Coatesville to East Marlborough Township; Eleanor Schwandt was the court reporter. Andrea Sikora, a principal in the 5th Street Hospitality, spoke of their intention to open an Italian, chef-driven restaurant
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in the Shoppes at Longwood. Ms. Sikora said it is their intention to sell alcoholic beverages to their customers who dine in the restaurant and will explore the option to sell wine to take-out customers. Mr. Weer expressed concern about the number of liquor licenses that are in the immediate area of the proposed restaurant. Mr. Riper offered assurances that the restaurant will be a fine dining establishment offering alcohol to accompany meals, not a bar with dancing or live music. Ms. Sikora stated they anticipated their hours of operation would be 11:00 a.m. to 11:00 p.m. Mr. Weer asked that the 11:00 p.m. closing time be a condition for approval. Mr. Riper said they would provide a revised resolution to permit the Inter-municipal transfer. The Supervisors voted 3-1 to approve the amended resolution with Mr. Sarro abstaining due to a business relationship with the landlord of the property, Mr. Weer opposed the transfer.
Unionville Fair – Closing Route 82 for Parade. Lois Kester, represented the Unionville Community Fair to request permission to close Route 82 on Saturday, October 1st from 11:00 a.m. to 12:00 p.m. for the Fair parade. The proposed closing would be from the roundabout at Route 82 and E. Doe Run Road to the intersection of Routes 82 and 926. Police Chief Clarke had approved the plan and said two police officers will be on the road to direct traffic. Mr. Hannum requested that the Fair Committee send a copy of their liability insurance with the Township listed as an additional insured. The Supervisors voted unanimously (5-0) to allow for the road closing.
Marlboro Springs Subdivision.The preliminary plan was represented by GeorgeBroseman, representing Bentley Homes. He was requesting preliminary approval for the plan to develop the Ryan property located on Marlboro Springs and Marlboro Roads, consisting of 10 single family homes on 2(+) acre lots. Jim Hatfield, engineer for the Township, said based on revisions to an earlier plan all technical issues had been resolved. Mr. Broseman said Bentley Homes will be appearing before the East Marlborough Township Historic Commission on 9/19 to review their plans for the buffer around 418 Marlboro Road, a historic resource for the Township. Based on Mr. Hatfield’s review letter, Bentley Homes agreed to all of the conditions with the exception of the requested common road. Mr. Hatfield said Bentley had satisfied the site-distance issue by combining a few of the driveways, the new plan calls for five driveways on Marlboro Springs Road and 3 on Marlboro Road. Cuyler Walker, Chairman of the Planning Commission, said the revision to the plan for the driveways comply with the zoning ordinance. Frone Crawford, solicitor for the Township, said each deed will have a clause regarding on-site storm water management. Mr. Crawford also stated that upon issuance of each building permit impact fees must be paid to the township; $1,000 for Open Space, $600 for Traffic and $200 for Emergency Services. The Supervisorsconditionally approved the preliminary plan with a vote of 5-0, with the following conditions:
- The Osage Orange Hedge will be removed along Marlboro Springs Road
- The Board waived the requirement for a Shadow Analysis
- Impact fees totaling $1,800 per home will be paid when the building permit is obtained
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Certificate of Appropriateness.
101 Poplar Tree Road – Brian Harlan presented a plan for a new dwelling located a 101 Poplar Tree Road. The plan was approved by HARB with the condition that the trim on the house be changed to reflect a style more consistent with Unionville Village. HARB is still reviewing the demolition plan for the red run-in shed that is on the property. Mr. Caudill asked about the status of the old home located on the property, Mr. Harlan said they will waterproof the outside and make sure the foundation is sound but will not make any other improvements to the structure. Mr. Caudill asked if the house will be deed restricted. Mr. Crawford stated that the building can only be used as an accessory structure under current zoning, if the new owner wants to use it as an accessory dwelling they will need to have a zoning hearing to request a special exception to allow a family member to use it as a residence. The township is only able to place to place a deed restriction if a building permit is requested to change the use to an accessory dwelling. Mr. Walker offered that the proposed changes to the Zoning Ordinance will further restrict the possibility of sub-dividing this and other properties in the township. The Supervisors approved the request with a vote of 4-1 with Mr. Caudill opposing.
36 Firehouse Drive – Kevin Gosselin, representing Po-Mar-Lin Fire Company presented a sign permit request for a 5’ x 5’ sign for the Po-Mar-Lin Fire Company building. HARB previously approved the sign permit and the Supervisors approved the request unanimously (5-0).
32 Buffington Street – Tim Still presented his application for the demolition of a previous addition to their home as well as the construction of a new front porch and rear addition. HARB previously approved the request and the Supervisors approved the request unanimously (5-0).
Conditional Use Application – L & S Enterprises.Alyson Zarrow represented the applicant L&S Enterprises. Mr. Hannum read excerpts from the order, containing five conditions;
Condition #1 – The use of the property shall be substantially in accordance with the testimony and exhibits presented by the applicant.
Condition #2–All security procedures set forth in Finding of Fact 16 shall be followed by the applicant.
Condition #3 – All compounded products and other pharmaceuticals which are to be disposed of shall be delivered to a properly authorized vendor for disposal offsite.
Condition #4 – The applicant shall comply with all other applicable rules, laws, and regulations.
Condition #5 – Applicant shall, within sixty (60) days of the date hereof, reimburse the Township for Township expenditures related to the application including fees paid to the Township Solicitor, and the cost of the court stenographer appearance and transcripts in the amount over and above the initial application fee.
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Mr. Weer asked if the conditional use order called for an Emergency Services Impact Fee. Mr. Crawford said imposing an impact fee wasn’t in the ordinance. The Supervisors voted (4-0) to approve the Conditional Use Order with Mr. Weer opposing.
Resolution to Appoint a Public Assistance Agent.PEMA required the Board to pass a resolution to appoint an agent to act on behalf of East Marlborough Township for reimbursement from PEMA for snow costs associated with the January 23-24, 2016 snow storm. The resolution to appoint East Marlborough Township Emergency Management Services coordinator Robert Clarke as Public Assistance Agent was unanimously voted (5-0) by the Supervisors.
Zoning Ordinance Amendments.Mr. Crawford reported that the Board had not yet received comments from Chester County Planning on the proposed changes. Mr. Walker suggested that the Board schedule a hearing immediately prior to the October 3rd Board of Supervisors meeting to consider the amended ordinance. The hearing will begin at 7:00 p.m. with the Board meeting to commence immediately after.
Unionville Community – Phase II. Mr. Hatfield reviewed the application for payment request for $199,333.82 and reported that the majority of the work at the park has been completed. The remaining construction of the park pavilion will begin the week of October 19. The remaining landscaping will be planted once the weather cools and it has rained. The fencing along the western edge of the park is still to be completed. Mr. Hatfield signed the payment application confirming the work had been completed.
Bills.By unanimous vote (5-0) the Supervisors approved payment of invoices with the following totals:
General Fund $187,121.88
Payroll $ 64,007.24
Sewer Fund $ 59,967.03
State Fund $124,936.50
Unionville Park $208,081.39
Treasurer’s Report. By unanimous vote (5-0), the attached Treasurer’s report was accepted as prepared.
The public meeting was adjourned at 9:00 p.m., at which point the Supervisors went into Executive Session to discuss a personnel matter.
East Marlborough Township
Laurie C. Prysock, Manager/Secretary
EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
AGENDA – September 12, 2016 – 7 P.M.
Call to Order – Pledge of Allegiance
Public Comment Period
Minutes of August 1, 2016
New Business:
- Appointment of Director Public Works
- Walnut Walk – Establishing escrow for Phase II
- Escrow Release – Glenelg Farm
- Road Closure – Unionville Community Fair from 11:00 a.m. to 12:00 p.m.
- Subdivision on Marlboro Road –11 lots – Scott Emerson from Bentley Homes
- Certificate of Appropriateness
101 Poplar Tree Road
Po-Mar-Lin Fire Company Sign
32 Buffington Street
- Inter-municipal Transfer of a Liquor License – 5th Street Hospitality represented by Joe Riper
- Conditional Use Approval – L & S Business Enterprises – Represented Allison Zarrow
- Resolution to appoint an agent for Public Disaster Assistance
- Ordinance 2016-01 – Amendments to Zoning Ordinance – Comments from CC Planning
- Monthly Bills
- Treasurer’s Report
There will be a brief Executive Session after the public meeting to address a personnel matter