12/18/2017 Special Meeting

 

Chairman Richard Hannum, Jr. called the public meeting to order at 5:30 p.m. in the Township Building by leading the group in the Pledge of Allegiance.  Board members John Sarro,Christine Kimmel and Robert F. Weerwere also present, as was Solicitor Frone Crawford, Planning Commission Chairman Cuyler Walker and Engineer Jim Hatfield.

Public Comment Period.No comments.

Minutes of December 4, 2017.  The minutes were approved by a vote of 4-0.

Landhope Investors Conditional Use Order.Mr. Hannum offered the opportunity for any neighbors to raise their concerns prior to the Order being read.  Mrs. Dorothy Hewston, a Party to the Action read a list of her concerns:

She wanted assurances that there wasn’t a personal bias toward the applicant from any of the Supervisors;

She objected to the lack of sound testing in winter;

She asked the Board to consider ending events earlier than midnight;

She asked to Board to prohibit early morning deliveries;

She asked for a direct phone number to the onsite manager;

She asked that mowing in preparation of events be limited to hours between 7:00 a.m. and 7:00 p.m.;

She requested that the Supervisors limit the number of events at the Yellow House to 100 and 12 per year at the Red Barn.

Resident Jim Sinclair requested that the Supervisors amend proposed condition #19 regarding the use of sod mats to reduce runoff.

Mr. Hannum read the following Order:

            AND NOW, this 18th day of December, 2017, the Application of Landhope Investors, LP, seeking conditional use approval for:

752. The use of the Grey Barn as event space for functions of not more than 300 attendees under Ordinance Section 752.B.6, and for occasional retail sales related to special events under Ordinance Section 752.B.1, is hereby GRANTED, under and subject to the Conditions set forth below; and

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752. The use of the Yellow House and Little Yellow House as event space (including the patio area under tents) for functions of not more than 300 attendees under Ordinance Section 752.B.6, and for occasional retail sales related to special events under Ordinance Section 752.B.1, and as a bed and breakfast in conjunction with special events under Ordinance Section 752.B.13, is hereby GRANTED, under and subject to the Conditions set forth below; and
753. The use of the Red Barn as event space for functions of not more than 300 attendees under Ordinance Section 752.B.6, and for occasional retail sales related to special events under Ordinance Section 752.B.1, is hereby GRANTED, under and subject to the Conditions set forth below.

The foregoing approvals are conditioned upon the Applicant’s acceptance of and adherence to the following Conditions:

1. Applicant’s use and development of the applicable portion of the Subject Property shall be substantially in conformance with the evidence and testimony as presented to the Board.Approved with a 4-0 vote.
2. Except as set forth herein, Applicant shall comply with all Ordinances of the Township, and shall comply with all State and County laws and regulations.Approved with a 4-0 vote.
3. The number of group events to be conducted at the Grey Barn/Yellow House venue shall not exceed 100 days per calendar year.Approved with a 4-0 vote.
4. The number of group events to be conducted at the Red Barn venue shall not exceed 12 events of not more than three days each or 24 days per calendar year, whichever is less.Approved with a 4-0 vote.
5. The foregoing conditions limiting the number of events at each of the venues shall be in addition to the Willowdale Steeplechase, the Unionville Community Fair, “Tough Mudder” parking, and any similar property-wide event for which a separate special event permit is issued by the Township.Approved with a 4-0 vote.
6. In accordance with Zoning Ordinance Section 752.B.6, Applicant shall insure that there are no more than 300 attendees on the Subject Property at any one

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time, this total to include a collective total for the Yellow House and Grey Barn as a single event venue, and the Red Barn, at such time as the Red Barn may be in use at the same time as the Grey Barn and/or Yellow House; provided, however, that any time that an event or simultaneously two events will take place with a collective total of 200 or more attendees, e-mail notice thereof will be sent to the Township prior thereto.Approved with a 4-0 vote.

7. Retail sales shall be limited to the hours during the event gatherings.Approved with a 4-0 vote.
8. With the exception of the existing Landhope Farms convenience store and its ancillary uses, there shall be no day-to-day retail sales, or use of any of the existing buildings or facilities as a “store”.Approved with a 4-0 vote.
9. Applicant shall have an on-site event manager available by cell phone at all times during any group event.Approved with a 4-0 vote.
10. Applicant shall have a telephone number readily available for neighbors or other concerned residents for the on-site event manager who shall be authorized to respond to all concerns relating to traffic, parking, hours of operation, noise/sound, lighting or other issues.Approved with a 4-0 vote.
11. Applicant shalllimit the loudness of all amplified music to 98 decibels, measured six feet from the sound source.  (N.T. 176).  In addition, and regardless of the sound levels at the source, Applicant shalllimit the loudness of all music, whether or not it is amplified, to 60 decibels, measured at the property lines of the Applicant’s Property (the sound level of normal human speech measured from three feet away).  (N.T. 174; Exhibit A-56).  The Board of Supervisors shall retain the unilateral right to require either temporary or permanent reductions in these decibel levels if they prove to be a disturbance to nearby residents.  Approved with a 4-0 vote.
12. Hours of operation for all group functions, including the playing of any music, shall terminate by 10:00 p.m. on week nights (Monday through Thursday nights).  With the exception of holiday weekends such as Labor Day, Memorial Day or July 4th, Sunday events shall also terminate by 10:00 p.m.  On weekends when Monday is a recognized holiday, Sunday events shall terminate by 11:00 P.M.  All Friday and

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Saturday events, including the playing of any music, shall terminate by 11:00 P.M.Approved with a 4-0 vote.

13. All events that include the serving of alcoholic beverages will be conducted by a Pennsylvania licensed caterer having no less than Four Million Dollars ($4,000,000.00) of liquor liability insurance coverage.  Proof of such insurance shall be delivered to the Township upon request and shall name the Township an additional insured.  Also, Applicant shall indemnify the Township against any claim arising from service of alcoholic beverages to the extent not covered by the insurance.Approved with a 4-0 vote.
14. Each customer who hosts an event shall be required to sign a contract which authorizes the on-site event manager to terminate alcohol service if necessary in his discretion; to control the volume of all music; and to terminate the music and the event at the agreed cut-off hour.Approved with a 4-0 vote.
15. At all times that overnight or “bed and breakfast” accommodations are provided to guests, Applicant shall have an employee present on-site overnight, with a published telephone number enabling him or her to respond promptly to guests’ needs and concerns.  If the time comes when no employee would be present on the Property overnight, Applicant may apply to the Zoning Hearing Board for a variance from this condition and from Zoning Ordinance Section 1813(c) upon demonstrating that a local employee is available by telephone throughout the guests’ stay, and able to respond in person at the Property within ten to fifteen minutes.Approved with a 4-0 vote.
16. The existing gravel driveway from Pa. Route 926 to the Yellow House and Grey Barn shall be widened to a minimum of 20 feet in width, as required for fire lanes.  Applicant’s land development plans shall require that all such widening be to the east, away from the existing specimen trees along the west side of that lane.Approved with a 4-0 vote.
17. Applicant’s land development plan shall include the widening of the existing gravel driveway from Unionville Road (Pa. Route 82) to the Red Barn to a minimum of 20 feet in width, as required for fire lanes.Approved with a 4-0 vote.

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18. Applicant’s land development plans shall include widening the existing paved driveway leading to the parking lot for the Landhope offices above the Landhope Store to a minimum of 20 feet wide to satisfy the requirements of a fire lane, including for access to the west side of the Red Barn.Approved with a 4-0 vote.
19. Applicant shall, at a minimum, implement its Progressive Turf Management Plan (Exhibit A-61) for the maintenance, rotation, repair and reinforcement or replacement as necessary, of all of the grass parking areas and grass parking access lanes on the Property so as to maintain all parking areas and access lanes in a well-grassed, mud and rut-free condition at all times. Approved with a 4-0 vote.
20.    Consistent with its Progressive Turf Management Plan, Applicant’s land development plans shall depict a primary, and a back-up, parking area for both of the two event venues, each providing the minimum number of parking spaces required by the ordinance, so as to demonstrate Applicant’s ability to alternate between parking areas as necessary to allow for sod replacement or re-seeding of any distressed turf areas.Approved with a 4-0 vote.
21. In accordance with the recommendations of both the Township engineer and the Applicant’s engineer, and in light of the fact that no parking “lot” is here proposed, no raised curbing shall be installed within or around the grass parking areas or alternate parking areas, notwithstanding Ordinance section 1812.A.1.a.iii.Approved with a 4-0 vote.
22. Likewise, no additional landscaping shall be installed within or around the grass parking areas or alternate parking areas, notwithstanding Ordinance section 1812.A.1.a.vi, as no parking “lot” is proposed.  Approved with a 4-0 vote.
23. Applicant shall use the existing gravel areas in front of the Red Barn and in front of the Grey Barn, and next to the Yellow House, for loading and unloading the vans and small box  trucks.  No paved loading areas, and no loading docks for tractor trailer deliveries, shall be required or constructed. Approved with a 4-0 vote.
24.    All permanent and temporary lighting for the proposed parking and access areas shall be depicted on Applicant’s land development plans.  Minimum lighting for the parking and access areas shall be an average of 0.4 foot candles, rather than the

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2.0 average foot candles required for commercial parking lots.  In addition, all lighting shall comply with Section 1812.G.4.  Approved with a 4-0 vote.

25. The drip lines of all specimen trees in the parking area located to the south of the Yellow House shall be permanently fenced to prevent any vehicular access or parking within their drip lines.Approved with a 4-0 vote.
26. The area of the Red Barn to be available for public occupancy during group events shall be less than 10,000 square feet.Approved with a 4-0 vote.
27. At land development stage, Applicant shall use its best efforts to achieve emergency vehicle access to all four sides of the Red Barn as feasible in view of the fact that a full 20-foot fire lane around the existing building is not practical due to existing site constraints and topography.Approved with a 4-0 vote.
28. Prior to, or at the time of Applicant’s Land Development Plan application, Applicant shall obtain a review and review letter from the fire marshal.Approved with a 4-0 vote.
29. In conjunction with its land development plans, Applicant shall either provide proof that the existing on-site septic systems are adequate for all proposed uses of the Yellow House, Little Yellow House and Grey Barn, or include its plans for supplemental or additional septic or sewage facilities.Approved with a 4-0 vote.
30. Applicant’s land development plans shall include a landscape plan for the installation of additional evergreen trees along the north side of Pa. Route 926 so as to provide additional visual screening between the proposed grass parking areas and the road.  The additional trees need not be “soldiered” along the Route 926 frontage, but may be spaced in various locations between Route 926 and the proposed areas to be used for parking.  Approved with a 4-0 vote.
31. If trash dumpsters are to be utilized in conjunction with any of the event venues, their location shall be depicted on the Applicant’s land development plans.Approved with a 4-0 vote.
32. All non-agricultural mowing of the grass parking areas and access lanes in preparation for group events shall be performed during daylight hours.Approved with a 4-0 vote.

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33. The Applicant shall submit its architectural plans for conversion of the Grey Barn to the Township and the Fire Marshal for review of same in the context of fire safety, including but not limited to such attributes as emergency exists, avoidance of “fanning the flames” by allowing open-air oxygen to reach a fire, and sprinklering or other fire suppression methods.  Approved with a 4-0 vote.
34. The Board of Supervisors reserves the right, however, 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 conditional use hearing.  Approved with a 4-0 vote.
35. 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.Approved with a 4-0 vote.

The full Conditional Use Order was approved by the Supervisors with a 4-0 vote.

Resolution 2017-19.  Establishing the Tax Levy for 2018 with the following rates:

General Purpose – 1.05 mils

Open Space Preservation – .20 mils

Bayard Taylor Library – .183 mils

Fire Protection – .675 mils

Ambulance, Rescue and Other Emergency Services – .075 mils

Local Service Tax – $52 per year

The Supervisors approved Resolution 2017-19 with a 4-0 vote.

The public meeting was adjourned at 8:10 p.m., at which point the Conditional Use Hearing for Doug White’s development on Gale Lane was reopened.

Respectfully submitted,

Laurie Prysock

Township Manager

 

 

On Monday, December 18, 2017 at 5:30 PM at the East Marlborough Township Building, 721 Unionville Road, Kennett Square, PA 19348, the Board of Supervisors of East Marlborough Township will hold a special meeting to vote on the 2018 Tax Levy and issue the Conditional Use Order for Landhope Investors. The board may entertain such additional matters that may come before it. Immediately following the Township will conduct a public hearingand thereafter take action on the application of Douglas C. White to amend the Board’s May 1, 2017 Opinion and Order which granted the Applicant conditional use of approval for the development of 27 two family residential units for a total of 54 residential units on the 22.4 +/- acre property located on Gale Lane at the intersection of North Walnut Road know as tax parcel identification numbers 61-5-209, 61-5-209.4, 61-5-209.2 and 61-5-209.3.  The Applicant now seeks approval of a reconfigured layout of the 27 two family residential units for a total of 54 residential units as footprint lots in accordance with the provisions of Ordinance No. 2017-04 and asmore particularly depicted in the plans which accompanied the application.  If any person who wishes to attend the meeting and/or hearing has a disability and/or requires an auxiliary A, service or other accommodations to observe or participate in the proceedings, he or she should contact the Township Building at 610-444-0725, to discuss how these needs may be accommodated.