EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
Meeting of the Board – December 3, 2018
Chairman Hannum called the meeting to order at 7:00 p.m. with the following people in attendance: Supervisors Sarro, Lacy, McKinstry and Jameson. Solicitor Crawford, Engineers Hatfield and Baker as well as Planning Commission Chairman Walker and Township Manager Prysock.
Pledge of Alliance and Public Comment Period. Resident Lou Kintner who lives at 808 Wollaston said he was concerned about the demolition permit for 101 Poplar Tree and wanted to know what the township would do to protect neighbors from asbestos and lead paint if the permit was issued. Building Inspector Shock stated that the township has not yet received an application for demolition. Solicitor Crawford assured Mr. Kintner that the Supervisors would carefully consider any application but reminded him that a previously submitted application for demolition was denied.
Resident Ruthie Kranz-Carl thanked Supervisors Sarro and Lacy for attending a meeting with residents from Cedarcroft. She said that they appreciated that the radar speed signs were installed but stated that there is still a need for more traffic calming. Supervisor Sarro gave an update on the speed study that had been completed by the East Marlborough Police Department and said they would continue to work with the residents on ways to slow traffic.
Resident Chris Beattie expressed concern about the number of mailboxes that had been damaged during the last snow storm; he said he had three witnesses who saw the plow hit the boxes. Public Works Director Simpson said he would speak to the driver and if the plow hit the boxes they would be repaired.
Approval of Minutes. The Supervisors voted unanimously 5-0 to approve the minutes for the November 5thmeeting with one edit.
Walnut Walk Phase 1 Escrow Release #13. Based on the recommendation of Engineer Jim Hatfield an escrow release was requested in the amount of $11,015. The Supervisors voted 5-0 to approve the release.
Walnut Walk Phase II Escrow Release # 9. Based on the recommendation of Engineer Jim Hatfield an escrow release was requested in the amount of $17,000. The Supervisors voted5-0 to approve the release.
Longwood Preserve Escrow Release #5. Based on the recommendation of Engineer Jim Hatfield an escrow release was requested in the amount of $750,095.27 including $48,479.49 from contingency funds. The amount remaining in contingency after the release will be $385,613.45. The Supervisors voted 5-0 to approve the release.
Run for Our Sons. Paul Johnson appeared before the Supervisors to request road closures for Route 82, Chapel and Soltner Drives in LaReserve as well as Manor and Fox Hunt Drives in Fox Lee Manor. The police will close the roads at approximately 8:55 a.m. on Saturday, April 6, 2019 for the race and will be reopened by 9:50 a.m. The race is being sponsored by the UHS National Honor Society and they will provide the insurance certificate to the Township. Signage will be posted along the race route approximately two weeks prior to the closure to alert residents and “No Parking” signs will be placed along the route. The Supervisors voted 5-0 to approve the road closures with the condition that the race obtain approval from LaReserve and Fox Lee Manor HOAs and the Certificate of Insurance is submitted to the township.
Toll Brothers Final Plan Approval. Alyson Zarro with Riley, Riper, Hollin and Collegreco requested final plan approval for the 42 lot subdivision located along Route 82. Ms. Zarro informed the Supervisors that the Planning Commission recommended conditional final plan approval at the November 27th Planning Commission meeting.
Engineer Hatfield addressed the following comments in the Vandemark & Lynch review letter dated December 3, 2018:
- The pedestrian trail located along the east side of Route 82 will be constructed by Toll Brothers of porous asphalt. Upon dedication of the open space, the township will maintain the pedestrian trail.
- Operation and Management agreements for the two grinder pumps on lot 48 are to be provided and included with the Planning Module submission; the agreements will be recorded with the Chester County Recorder of Deeds.
- The temporary grading easements for the adjacent parcels are to be recorded with the subdivision plan.
- The street names need to be approved by Chester County Emergency Services and added to the plan before it is recorded.
- The HOA documents need to include requirements for training and operation of the spray irrigation system. In addition, the documents need to include a fee schedule to escrow money for the ongoing repairs and maintenance of the system.
- Supervisor Lacy stated she is comfortable that the design of the storm water management facilities will keep sediment out of the spray irrigation system.
Supervisor Lacy’s concerns about the timing of the spray irrigation were also resolved.
Ms. Zarro asked the Supervisors to consider one additional waiver that is needed from the Subdivision and Land Development ordinance, Section 614D which requires a turn-around space in each driveway. Ms. Zarro said their design did not include turnaround areas in the driveways because of their short length and the 20 MPH speed limit within the development. Traffic Engineer Baker stated the radii of the road require a speed limit of 20 mph or below.
Nicole Klein with McMahon & Associated responded to the comments raised in the December 3, 2018 review letter from Traffic Planning and Design.
- Kline provided an overview of the pedestrian crossing design for the crosswalk on Route 82. The design includes “wigwag” flashing lights on each side of the road as well as on the mid-street pedestrian landing. The lights will have push buttons on each side of the road and utilize thermal imaging to detect pedestrians on the landing. Ms. Kline stated that the traffic study that was conducted by Toll Brothers indicates a reduction in the speed limit along that stretch of Route 82 will be warranted. Engineer Baker stated that the township would need to pass an ordinance to lower the speed limit on Route 82. A permit is required from PennDot to install the flashing lights at the crosswalk.
- Toll Brothers agreed to purchase the new speed limit signs as well as two radar speed signs to be positioned on either side of the crosswalk. Supervisor Sarro requested that Toll Brothers purchase radar speed signs with equal or greater quality as the signs currently used in the township with the understanding the Public Works Director Simpson will give final approval on the type of sign. Toll Brothers will install the speed limit signs if the ordinance to change the speed limit is passed while the development is under construction.
- Toll Brothers needs to obtain permission to pave the first 10’ of the stone driveways located on the RP Nursery site as well as the property next to RP Nurseries currently owned by Brett and Lare Becker in order to keep stones off of Route 82 at the pedestrian crossing.
- A traffic signal construction plan for the proposed flashing warning devices should be included with the final plan submission. The colors of the poles and cabinets should be aluminum to limit visual distractions for drivers.
Planning Commission Walker stated they had three items that needed to be addressed on the final plan:
- The offer to dedicate the 26 acres on the east side of Route 82 to East Marlborough Township needs to be added as a note on the plan as well as the dedication of the streets and separate deeds of dedication need to be provided to the Township.
- Construction traffic will be prohibited from accessing Chalfant Drive through the stub road.
- Two outstanding landscape buffering requests from the Skean Family and the Gaffney Family.
- Skean stated that the plan showed 16 trees planted within the buffer between the open space and his property line. He has requested that Toll Brothers install an earthen berm with the trees located on the top of the berm. In addition, Toll Brothers had agreed to add an additional 10 viburnums to provide additional screening. Mr. Skean requested that Toll Brothers substitute Green Giant Arborvitaes for the viburnums. Mr. Skean is also requesting (1) 8’ – 10’ White Pine tree to be installed on his property to fill in a gap between his yard and the stub road.
- Gaffney requested that trees and shrubs shown on the plan are replaced with an equal number of Green Giant Arborvitae.
Toll Brothers agreed to accommodate all of the requests with the exception of planting a White Pine tree on Mr. Skean’s property. Toll Brothers will also contact the other adjoining property owners along Route 82, Mrs. Pratt and the Petrignani family, to see if they prefer to have the landscape buffer behind their properties switched out the Green Giant Arborvitae.
The Supervisors voted on final plan approval with the following conditions:
- Comply with conditions 4 and 5 outlined in the memo from Planning Commission Chairman Cuyler Walker dated December 3rd which address the neighbors’ landscape buffering requests and the prohibition of construction traffic on the stub road.
- Toll Brothers meets all of the conditions set forth in the December 3rd review letters from Vandemark& Lynch, Traffic Planning and Design, AECom and the Planning Commission.
- The HOA documents establish funding for adequate reserves and financial assurance for maintenance and replacement of the storm water management system given the novelty of the design.
- The waiver from section 416D regarding turnaround space in driveways is granted.
- Toll Brothers offers dedication of the open space parcel east of Route 82 as well as the streets to East Marlborough Township.
The Supervisors voted 5-0 to give conditional final approval to the plan.
Establishment of Construction Escrow for the Northridge Development. Attorney Mike Gavin appeared before the Supervisors to request the escrow amounts for all construction phases of the Northridge project. Engineer Hatfield provided a listing of recommended escrow amounts in a letter dated November 30th. Mr. Hatfield recommends an amount of $2,304,838 for Phases I and II of the project with an additional escrow amount of $757,398 to be posted before construction is started on Phase III. There will be a prohibition on work or sales of lots in Phase III until that escrow amount is posted. The estimate for Phase III is only valid for 6 months, if development is delayed past six months a new escrow workup will be completed.
Mr. Gavin stated that the developer would like to record the plans prior to having the hydrants placed on the plans. Engineer Hatfield said that would be permissible provided the Fire Chief and Township can review before the locations are finalized.
The Supervisors voted 5-0 to approve the escrow amounts for Phases I and II provided the conditions in the November 30th Vandemark & Lynch letter are addressed and with the understanding that comment #6 addressing the location of the Chester Water line can be handled in the field. In addition, the developer agrees that construction cannot begin on Phase III until the escrow is agreed upon subject to Vandemark & Lynch’s approval.
Longwood Village Shopping Center. Kevin Lahn represented the Longwood Village Shopping Center to request approval to change the light poles in the parking lot from wood to black. The Conditional Use Order specified either wood or bronze poles would be use at the center. The Supervisors voted 5-0 to approve the amendment to the Conditional Use Order to allow the use of black poles for the parking lot lights.
Request for a demolition permit for 639 Mill Road. Jonathan Jordan with Riley, Riper, Hollin and Collegrecco appeared before the Supervisors representing the prospective buyers, Kaitlyn and Marc Ward, for the 240+ acre property at 639 Mill Road. The Wards have an agreement of sale with the Weisbrod Estate that is contingent upon them receiving a demolition permit to remove the historic farmhouse located on the property. The Historic Commission issued a letter dated November 13, 2018 recommending the Supervisors approve the application to demolish the historic farmhouse with three conditions:
- The contributing historic structures (stone house and detached garage) approved for demolition are to be fully documented at the owners’ expense, according to documentation standards of the Historic American Engineering Record with such written, drafted and photographic documentation being deposited with the Board and Historic Commission.
- All recorded contributing historic structures (12 in total) located on the property are to be photographically documented at the owners’ expense, creating a “base” for their existing conditions, with such documentation deposited with the Board and Historic Commission.
- All remaining contributing historic structures located on the property are to be protected from demolition, at the owners’ expense, either by neglect or application as defined and outlined in accordance with the East Marlborough Township Zoning Ordinance – Article XXIV Preservation of Historical and Cultural Resources.
Supervisors McKinstry stated that he would like to see an easement placed on the property to prevent further subdivision.
Solicitor Crawford stated the approval should include a restrictive covenant referencing the Historic Commission’s recommendations to preserve the remaining historic resources. The Supervisors voted 4-0 to approve the removal of the historic farmhouse and garage at 639 Mill Road subject to the buyers entering into a written covenant to preserve the remaining resources. Supervisor McKinstry abstained from voting on the matter.
Waivers for 206 Kirkbrae Road. A representative from Stoneybank Nursery presented the request for a waiver from sections 105D.1 and D.2 of the East Marlborough Township Storm Water Management Ordinance. The landscaping project will take place in phases which will result in a slight reduction in impervious coverage since the applicant is removing some hardscape while installing other areas. The adjoining neighbor Mr. Fischer raised concerns about the amount of landscaping and construction that has taken place on the property. He stated the property has an overbuilt appearance that he worried would only be increased by the new landscaping. The Supervisors reviewed the plans with the applicant and the neighbor and determined the project would reduce the impact due to the reduction in impervious cover. The Supervisors voted 5-0 to approve the requested waivers and asked the applicant to try to use permeable material when possible.
Allocation of Open Space Funds. Planning Commission Chairman Walker briefed the Supervisors on four properties in East Marlborough that had submitted applications to sell their development rights to the Chester County Ag Preservation Board. The estimated cost per acre to preserve the properties is $9,500 with the total acreage being just under 88. The county provides 55% of the funding and the municipality provides 45% of the funding. Mr. Walker asked the Supervisors to approve using Open Space tax dollars for the required municipal match. The Supervisors voted 5-0 to allocate $250,000 for the township match to preserve four parcels in East Marlborough Township through the Chester County Ag Preservation Board program. The amount is subject to the estimated value of the development rights which may go up or down based on the appraised value.
Bike Lane on Walnut Road. Supervisor McKinstry briefed the Board on a proposal from Bike Kennett to install a bike path from Anson Nixon Park down Walnut Road. The Supervisors are open to Kennett Township exploring a grant to fund such a project.
2019 Budgets. Township Manager Prysock stated that the draft budgets for 2019 are balanced without the need for additional taxes or sewer user fees. The budgets were presented for the following funds:
General Fund with a budget of $2,930,604.66
Sewer Fund with a budget of $1,501,502
State Fund with a budget of $698,479.72
Park Fund with a budget of $133,955
The Supervisors voted 5-0 to approve the budgets as presented.
Resolutions. Township Manager Prysock presented the following Resolutions for consideration:
2018-24 Sewage Planning Module for Toll Brothers Development.
2018-25 Establishing tax rates for the following:
General Purposes: 1.05 mils or the sum of 10.5 cents on each hundred dollars of assessed valuation.
Open Space Protection: .20 mils or the sum of 2 cents on each hundred dollars of assessed valuation.
Library: .183 mils or the sum of 1.83 cents on each hundred dollars of assessed valuation.
Fire Protection: .675 mils or the sum of 6.75 cents on each hundred dollars of assessed valuation.
Ambulance, Rescue and Other Emergency Services: .075 mils or the sum of .75 cents on each hundred dollars of valuation.
Local Services Tax: $52 per person to be paid by all employees and self-employed persons working within East Marlborough Township.
2018-26 Establishing the Unionville Light Tax at a rate or 50 cents per lineal foot of measurable and applicable property frontage in the Village of Unionville.
2018-27 Establishing assessments for properties located within 800’ of a fire hydrant at $26.73.
2018-28 Closing portions of Wollaston and Byrd Road when deemed by the Roadmaster to be unfit for travel during the Winter Months. The roads will be signed with “No Winter Maintenance.”
2018-29 establishing the membership of the Environmental Advisory Council.
The Supervisors voted 5-0 to approve each Resolution.
Bills. By a vote of 5-0 the Supervisors approved payment of invoices with the following totals: Ms. Lacy is on record to recuse herself for the vote on the URS & AE Com invoices due to a conflict.
General Fund: $97,003.60
Sewer Fund: $27,172.00
Park Fund: $ 100.39
State Fund: $ 21,690.76
Treasurer’s Report. By a vote of 5-0 the Treasurer’s Report was accepted as submitted.
The meeting adjourned at 10:45 p.m. There was an executive session to discuss personnel and legal matters following the meeting.
Laurie Prysock, Township Manager
EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
AGENDA – December 3, 2018 – 7:00 P.M.
Subject to change
- Call to Order and Pledge of Allegiance
- Public comment period
- Approval of Minutes of November 5, 2018
- Escrow Releases
- Walnut Walk Phase I
- Walnut Walk Phase II
- Longwood Preserve
- Run for Our Sons 5K Road Closures requested by Paul Johnson
- Toll Brothers Final Plan Submission
- Approval of Escrow for Northridge/Doug White
- Longwood Village Shopping Center request to change the color of the light posts
- Request for Demolition of 639 Mill Road
- Request for waiver from 105.D.1 and 105.D.2 of the East Marlborough Township code for 206 Kirkbrae Road
- Approval of Open Space Funds to preserve three properties in conjunction with the Chester County Agricultural Preservation Board
- 4 Hendriks Property at 720 Byrd Road
- 6 Mayne Property at 659 Byrd Road
- 2 McKinstry Property at 550 Schoolhouse Road
- 0 Woodford Property at 334 W. Street Road
- Discussion on Bike Lane on Walnut Road
- Budgets for 2019
- Resolution 2018 – 24 Sewage Planning Module for Toll Brothers
- Resolution 2018- 25 Establishing tax rate for General Purposes, Open Space, Library, Fire Protection and Ambulance, Rescue and other Emergency Services for 2019
- Resolution 2018 –26Establishing Light Tax Rate for 2019
- Resolution 2018 – 27Establishing Hydrant Tax Rate 2019
- Resolution 2018 – 28No Winter Maintenance on Specified Township Roads
- Resolution 2018 – 29 Appointment to the Environmental Advisory Council
- Treasurer’s Report
Note: There will be an executive session immediately followingthe public meeting to discuss an ongoing legal issue.