AGENDA
AGENDA – June 1, 2015
- 6:45 Public Hearing on Ordinance 2015-04 – Sidewalk Ordinance
Public Meeting – Immediately following Public Hearing-Call to Order – Pledge of Allegiance
Public Comments
- Minutes of May 4, 2015
- Stephens Excavating – Conditional Use Order
- Petroll – Conditional Use Order
- Plan for saving historic dwelling at 101 Wollaston Road – John Rosecrans, Chair of HistoricCommission – Section 2400 of the Zoning Ordinance
- Request approval to remove fifteen trees on one-acre building site – Lou Voight, Chetty Builders
- Union Ridge (formerly Walnut Ridge) – a) request for approval of Phasing plan for development — Scott Emerson
- b) Conditional Use Application – plan for units on 2+ acre site south of existing plan – set date for hearing – Alyson Zarro
- Authorize replacement of police vehicle – Chief Clarke
- Proposal for Consultants’ study for Emergency Service Providers – Cuyler Walker
- HARB Certificate of Appropriateness – Janet Schuhl, 1647 W. Doe Run Rd.
- Bills
- Treasurer’s Report
Note: there will be an executive session immediately following the public meeting to consider a personnel matter
MINUTES
BOARD OF SUPERVISORS
Meeting of the Board – June 1, 2015
Public Hearing. Chairman Cuyler Walker called the public hearing to order at 6:45 p.m. in the Township Building, to review and hear comments regarding the proposed Ordinance 2015-04, regulating sidewalks in the Township. Mr. Walker and Solicitor Crawford both explained that the proposed ordinance would provide preliminary authorization and standards for construction. Prior to sidewalks being required for any specific street or area in the Township, the Board would need to adopt a second ordinance providing for site specific details.
Many residents were confused and concerned about the intent of the ordinance. Accordingly, the Supervisors decided to re-consider the details of the ordinance. The public hearing was adjourned at 7:47, at which point the Supervisors went into the Public Meeting.
Chairman Walker led the group in the Pledge of Allegiance; Supervisors Richard P.S. Hannum, Eddie G. Caudill, Robert F. Weer and John Sarro were present, as were Solicitor Fronefield Crawford, Jr., and Engineer James Hatfield.
Public Comment Period.
Vicki Castina, of LaReserve, complained about the noise and disruption from fireworks on the Memorial Day weekend. Chief Clarke will look into the matter and the Township will notify residents of PA law regarding fireworks.
Rob McPhearson of Beversrede said that the Longwood Gardens displays are very loud and percussive.
Minutes of May 4, 2015. By unanimous vote (5-0), the minutes were approved, as prepared.
Stephens Conditional Use Order. By unanimous vote (5-0) on each of the following nine individual conditions, the Board approved:
1) Usage substantially in accordance with testimony and exhibits, providing for a single one story building of no more than 3,800 square feet,
2) Submission of Land Development plan, providing for delineation of floodplain, wetlands, riparian buffer areas, as well as proposed building location, storage area, and fencing,
Meeting of the Board – June 1, 2015
Page 2 of 4
3) Storage area to be fenced and screened,
4) Noting that the 3-acre lot is lawful, non-conforming, which is proposed for excavating business as the sole principal use, if the owner chooses to continue the use of the existing two-family residential use, a variance from the Zoning Hearing Board would be required,
5) Providing for compliance with all other applicable provisions of the Zoning Ordinance, including landscaping and screening,
6) Requiring a contribution to emergency services in the amount of $800,
7) Providing for conformity with all representations made at the hearing, as well as with physical performance requirements in Section 1811,
8) Reimbursing the Township for costs of consultants, not to exceed $4,000 and receiving credit for the application fee,
9) Reserving right of Board to make modifications in the Order without re-opening the public hearing.
The Supervisors then voted unanimously (5-0), to approve the full Order.
Petroll Landscaping Conditional Use Order.By unanimous vote (5-0) on each individual condition, the Board approved the following seven conditions:
1) The usage of the property shall be substantially in accordance with the testimony and exhibits,
2) The applicant shall not expand the building or paved area, but shall perform interior renovations,
3) The applicant shall submit a detailed landscaping/screening plan for the storage area, including detail for fencing of the storage and dumpster areas,
4) The applicant shall contribute toward emergency services in the amount of $1400,
5) The use of the property shall conform to all representations made during the conditional use hearing, and shall comply with all physical performance requirements, in accordance with Section 1811 of the Zoning Ordinance,
6) The Supervisors reserve the right to make modifications without reopening the hearing.
Also by unanimous vote (5-0), the Board approved the entirety of the Order.
101 Poplar Tree Road. John Rosecrans, representing the East Marlborough Township Historic Commission, spoke about the potential for additional lots on the 1.7+ acre site, in exchange for the owners preserving two historic structures on the property, in accordance with Section 2409
Meeting of the Board – June 1, 2015
Page 3 of 4
of the East Marlborough Township Zoning Ordinance.Bob Norris, of the Real Estate firm, Next House, said that he is interested in preserving the buildings, if that is the preference of the Supervisors. The Board requested a legal opinion on the allowable number of lots, according to the Ordinance. The Board then encouraged Mr. Norris to determine his preference for number of lots and size of houses, and then return to the Board of Supervisors to request Board input or support for his application before the Zoning Hearing Board.
Chetty Builders.Mr. Chetty requested Board approval to cut down 16 trees on the one-acre site located on a flag lot off Route 82, so that he could build a single-family dwelling. By a vote of 4-1, with Mr. Caudill opposed, the Board approved the cutting of the 16 trees which were highlighted on the plan.
Walnut Ridge – Townhouses on Walnut Road. Mitch Kotler of Bentley Homes, requested approval to build the proposed 61-lot townhouse development in two phases:
Phase I would include 21 units on the north side as well as the sanitary pump station; Phase II would include the remaining 40 homes, as well as the improvements to Walnut Road. By unanimous vote (5-0), the Board approved the phasing plan, provided that:
1) Revised plans be submitted for recordation, showing the delineated phases, and
2) The demolition and clean-up –including grading- for the former mushroom facility be done immediately.
The Board set the time for the Conditional Use Hearing for the proposed new lots on the 2+ acre site on the southern side of the development: The hearing will convene at 7 p.m. Monday, July 20, 2015.
Police Replacement Vehicle. By a vote of 4-1, with Mr. Weer opposed, the Supervisors authorized the purchase of a 2015 Ford Police Utility Base Interceptor AWD at a CoStars price from New Holland Auto Group of $26,923.00. The total expense would include an additional $8,629.41, for fitting out the vehicle for police use (computer, lights, radios).
Emergency Services Consultants’ Study.By unanimous vote (5-0), the Board approved a financial commitment of up to $5,000 to fund the cost of the study, together with five other municipalities: Kennett, Newlin, Pennsbury, Pocopson Townships, together with Kennett Borough. John Weer, Trustee of Po-Mar-Lin Fire company, said that PML is concerned that the Committee of Municipalities did not seek proposals for other consultants; he also felt that PML
Meeting of the Board – June 1, 2015
Page 4 of 4
Should get a vote in the proceedings. The Supervisors included in its motion the provision of getting proposals from other consultants.
Certificate of Appropriateness. Following the recommendation of HARB, the Board voted unanimously (5-0), to approve the addition and new back porch for the Schuhl house at 1647 West Doe Run Road.
Crosswalks.The Supervisors tabled action on the proposed Crosswalk study, seeking more information.
Bills.By unanimous vote (5-0), and with each supervisor abstaining on a single item with a perceived conflict of interest, the Board approved the attached list of invoices, with the following totals:
General Fund $76,133.58
Unionville Park $33,632.33
Sewer Fund $ 7,177.35
State Fund $16,750.00
Payroll $52,195.25
Treasurer’s Report. By unanimous vote (5-0), the Supervisors accepted the attached report, as prepared.
The meeting was adjourned at 10:13 p.m.
EAST MARLBOROUGH TOWNSHIP
Jane R. Laslo, Manager/Secretary