EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
Meeting of the Board – October 2, 2017
Chairman Richard Hannum, Jr. 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 John Sarro, Eddie G. Caudill, Christine Kimmel and Robert F. Weerwere also present, as was Solicitor Frone Crawford, and Planning Commission Chairman Cuyler Walker.
Public Comment Period. Chairman Hannum recognized the Four Seasons Garden Club and the Longwood Rotary for the work they did on the Route 82 Round-about.
Minutes of September 11, 2017. The minutes were approved by a vote of 5-0.
Glen Elg Escrow Release #18. Based on engineer Jim Hatfield’s recommendation, the Supervisors approved the release of $$35,525 from escrow for the construction of Glen Elg. The Supervisors voted 5-0to approve the release. Mr. Pearson updated the Board on the plans for dedication and Solicitor Crawford and Counsel for Newlin Township were working on the maintenance split between Newlin and East Marlborough.
Mushroom Cap Request to serve alcohol at Mile Marker 6 ½. Mrs. Sarah Nurry approached the Board on behalf of the Kennett Square Mushroom Cap ½ Marathon to seek permission for one of their sponsors, The Kennett Brewing Company, to serve 2 oz. of alcohol to runners who were running 13 miles and a full beer to the relay runners who would be finishing their leg at mile marker 6 ½. Mrs. Nurry said there would be an EMS station at the location and it was also the shuttle stop for relay runners. Bob Weer asked who would monitor the age of the runners and Mrs. Nurry said they did not have any registered runners less than 21 years of age. Mr. Weer said he was concerned about the liability of having drinks served in East Marlborough. Mrs. Nurry said the runners are serious athletes and aren’t looking to get drunk. Chairman Hannum asked if food and beverages would be available at the Finish Line and Mrs. Nurry said yes, they would have venders at that location in Kennett Borough.
Chairman Hannum polled the Supervisors and said that there wasn’t support for having alcohol served at Mile Marker 6 ½ in East Marlborough.
Country Spirit Music Festival. Susan Hamley of the Chester County Convention and Visitors Bureau asked the Board of Supervisors to consider approving the Temporary Outdoor Activities Permit for the Country Spirit Music Festival. Mrs. Hamley said that residents of Chester County are seeking events that add to the vitality of the community and reference the Tough Mudder event that is held at Plantation Field as an example. Mrs. Hamley said the Tough Mudder event brought in $6.6 million in direct spending in
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Chester County and that the Country Spirit Music Festival would bring in even more revenue for county businesses.
Landowner Dixon Stroud spoke about the costs to keep the space open and hoped this event would be approved. Michael Bucklin spoke on behalf of Landhope Investors and said they allow the public access to the 156 acres through the Willowdale Steeplechase and Unionville Community Fair and that the income from the concert would help offset the costs to keep the land open.
The event promoters Alan Jacoby, Tawny Tesconi and Drew Jacoby provided the following information about the event:
- Security – they will be using wands and conducting bag checks, bringing alcohol or weapons is prohibited. They have approximately $60,000 in the budget for security.
- Parking – they believe there is ample parking to handle approximately 4,500 cars.
- Noise – Based on a theoretical sound study they could meet most of the provisions in the noise ordinance but not all.
- Local benefit – they will work with local non-profits to provide food/beverages and ticket checking.
The Supervisors asked the following questions regarding logistics for the event:
Mr. Weer asked whether the applicants had held any other events in Chester County. Mr. Jacoby said no but they have held a similar event in Santa Rosa, California for the past four years.
Mr. Caudill asked how the applicants will handle security. Mr. Jacoby said they would work with local law enforcement and hire a local company. They will have security in the parking areas and at the perimeter. There is a no-reentry policy for ticket holders except those within the camping area.
Mr. Caudill asked if alcohol would be served. Mr. Jacoby said yes, just like most festivals do.
Mr. Caudill said, in light of the tragedy in Las Vegas, have your plans changed? Ms. Tesconi said that while the event was tragic they will continue to plan events. She said citizens are not willing to give up their right to celebrate.
Mr. Sarro asked how would you control what comes in with the campers? Ms. Tesconi said the vehicles will be searched.
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Mr. Crawford asked what items will be prohibited at the bag check? Ms. Tesconi said alcohol, weapons and open containers are prohibited.
Mr. Hannum expressed concern that the event would lead to three days of noise and disruptive behavior that residents would have to handle. Mr. Hannum felt that comparing the proposed festival to the Willowdale Steeplechase has not valid. Mr. Hannum said the Steeplechase is a one day event that attracts mainly local families and is over by 6:00 p.m.
Mrs. Kimmel said the results of the sound study that was provided are not acceptable, the study assumed that the temperature was 75 degrees with low humidity but at the end of August the temperatures are much more likely to be 95 degrees with high humidity. Mrs. Kimmel asked the applicants to run the study with more a typical temperature and humidity to see if they were able to fully comply with the ordinance.
Mr. Hannum asked is the applicants were considering other venues? Susan Hamley said they were but the Convention and Visitors Bureau really wanted to see the event held at the Willowdale location. Mr. Hannum said he was certain it would be a great event but he was concerned that the use was too intense for the proposed location.
Mrs. Kimmel asked is the applicants had done a traffic study based on 15,000 people? Ms. Tesconi said they had not done one but they could do one for the Board.
Mr. Jacoby said they attended the Willowdale Steeplechase in May and felt that the parking and ticketing operations would be similar and that the venue could handle the amount of cars and people they are projecting.
Mrs. Hamley said they selected the genre of music because they felt that it fit the environment. Mr. Jacoby said they anticipated bringing in top talent to perform on the main stage and mentioned Tim McGraw & Faith Hill, Brad Paisley, Toby Keith and/or Darius Rucker as potential performers.
Ms. Tesconi provided a sample grounds map based on the Willowdale Steeplechase parking map. She said approximately 2,400 cars would be parking in the general admission lot on Route 926 closest to Willowdale Lane.
Resident Nadine Troiani who lives on Schoolhouse Lane said she was in favor of the event and thought it would be good for local business.
Mr. Hannum said he was having a tough time wrapping his hands around the impact that an event this large and loud would have on the immediate community and questioned whether East Marlborough Township would be protecting the health, safety
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and well-being of the residents if they permitted the event. Mr. Hannum said the Board needed additional time to consider the request which would also allow the applicant to prepare the revised sound study.
Mr. Jacoby said they were under time pressure to secure a location before they contracted with the musical acts. He said there would be 6 nationally known acts on the main stage and a second stage where more local musicians would perform.
Mr. Weer asked why there was a need for two stages. Mr. Jacoby said the local acts would perform while the main stage was being changed for the large acts.
Mr. Hannum said the Board would defer their decision until a public meeting that would be held on October 9th at 7:00 p.m. He also said the Township would submit a list of questions that they felt needed to be answered so the applicants could come prepared. He also requested the applicant bring a revised sound study as well as a traffic study to the meeting.
Preliminary Plan Review for the Longwood Preserve (CJK) Subdivision. Attorney John Jaros representative of the CJK group stated that they were asking for Preliminary Plan approval for the Longwood Preserve Subdivision. Mr. Jaros said the Planning Commission had recommended the alternative boulevard entrance to the community which would start with a divided road and then narrow to a wide two lane entrance without a median. Mr. Jaros said the Planning Commission had also recommended paving of the pedestrian walking trail.
Mr. Sarro asked why the applicants had the sidewalk located on the north side of the Boulevard, Mr. Jaros said they were open to relocated in the sidewalk to the south side of the road. Planning Commission Chairman Cuyler Walker said they sight distance issues at the intersection with School house Road still needed to be addressed. Dave Gibbons, Engineer for the application said their surveyors went to the site last week and were evaluating the options. Township Engineer Jim Hatfield said he was concerned that raising the profile of the boulevard could make water pond on School house Road and he would need to see more calculations before they could pursue that option. Mr. Weer and Mr. Sarro said they would like to see the sidewalk moved the south-side of the boulevard.
Mr. Jaros said that his clients were going to decline the request from the township to pursue a road connection between their project and the proposed project off of Gale Lane that is being developed by Doug White. Mr. Jaros said they would build the pedestrian path to the end of the CJK property where it could connect with a trail through Doug White’s development. Mr. Weer asked where the emergency access was
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located and Mr. Jaros showed the access on the plan which goes through the Everfast property. Mr. Caudill asked what happens to the emergency access if Everfast sells their property. Mr. Jaros said the 20’ easement would be permanent and recorded with the Chester County Recorder of Deeds. Mr. Caudill said it was important for the Township to connect the two neighborhoods and said he would not support the plan unless their road reaches Doug White’s property. Mr. Jaros said his clients had a fully engineered plan that met the conditions from the Conditional Use order and would like to proceed with Preliminary Plan approval. Mr. Caudill suggested that the CJK property could include a stub road that connects to the property line. The applicants said that building stub road would require a variance for the set-back and it would also destroy the perimeter buffer that was required in the CU Order. Mr. Hatfield suggested that the Board of Supervisors could approve the plan with the condition that a connector road is built as long as it doesn’t impact the marketability of their plan. Mr. Hatfield suggested that the Conditional should include language that is relief from the set-back isn’t granted by the ZHB the condition disappears. Kevin Holohan with CJK said that if they are going to build the connector road that it should be done right, not squeezing it in and needing variances. Mr. Holohan asked if they build the connector road would East Marlborough Township support installing speed bumps to control speed and traffic through the neighborhood. Mr. Caudill said the Township would support the request for speed bumps. Mr. Jaros asked the Township for approval of the Preliminary Plan with the understanding that his client would work toward adding a connector road.
Township resident Dave Adamson asked the Supervisors to require that the Boulevard is moved toward 926 in order make space for a privacy berm to be built between the Maria Feeney property and the entrance to CJK. Mr. Jaros said the Conditional Use Hearing has been closed and the Order issued and their plan is compliant. Mr. Adamson presented the Board of Supervisor with a letter from Maria Feeney and asked if a traffic study had been done with projected traffic from Doug White’s development. Mr. Crawford said the number of trips on School house Road would be the same. Mr. Adamson said Ms. Feeney would be willing to allow an easement on her two properties for the creation of a turning land and sidewalk.
Mr. Hannum called for a vote on the Preliminary Plans with the following conditions:
- The Sidewalk moves to the other side of the Boulevard;
- The Boulevard alternative design with 2 – 16’ lanes with an 8’ median at the entrance tapering to 1-28’wide lane is incorporated in the plan;
- A waiver is granted from the Shadow Analysis;
- The pedestrian trail and the access road are paved;
- The developer will offer to dedicate the roads to the Township;
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- The developer will attempt to meet the Township’s wishes for a connector road between Longwood Preserve and Doug White’s project;
- Approval is subject to consultants review.
The Supervisors voted 5-0 to give Preliminary Plan approval with the above conditions.
Bills. By unanimous vote (5-0) the Supervisors approved payment of invoice with the following totals:
General Fund: $137,983.92
Payroll: $ 48,435.76
Sewer Fund: $ 16,849.56
Unionville Park: $ 284.79
Treasurer’s Report. By unanimous vote (5-0) the Treasurer’s Report was accepted as submitted.
The public meeting was adjourned at 9:50p.m., at which point the Supervisors went into Executive Session to review a legal matter.