NEWTOWN
TOWNSHIP
BOARD OF SUPERVISORS
JULY
25, 2001
MINUTES WERE APPROVED at the regular meeting July 25, 2001. REGULAR MEETING OF 7/25/01: Mr. Harp moved to approve the minutes of the 7/25/01 regular meeting. The motion was seconded by Mr. Mendicino and passed unanimously, with Mr. Goodnoe abstaining.
The Newtown Township Board of Supervisors met on Wednesday, July 25, 2001, in the Township meeting room at 8:00 PM. In attendance were Supervisors: Chairman Stephen Sanderlin, Treasurer Scott Harp and Secretary Frank Mendicino. Also present were: Planning Commission Chairperson Karen Doorley, HARB Member Elinor Campbell, Township Solicitor David Sander, Township Engineer Bob Larason, Interim Township Manager Tom Harwood and Township Finance Director Elaine Gibbs.
GENERAL INTEREST SECTION
CALL TO ORDER: Chairman Sanderlin called the regular meeting to order at 8:00 PM
with a moment of silence.
INVOCATION: Given by Judith C. Joseph, Chaplain/Bereavement Specialist,
Quaker Interfaith Ministry and Wrightstown Meeting. The Pledge of Allegiance followed this.
ADDITIONS TO THE AGENDA: Mr. Harwood announced that an item relating to the Lovett barn is
added under the HARB report, and there is a need for an executive session
regarding real estate matters. Mr.
Sanderlin added that the report of the Investigative Committee would be item A
under Reports of Committees, Boards and Commissions.
MINUTES & BILLS LIST:
APPROVAL OF MINUTES:
REGULAR
MEETING OF 7/11/01: Mr. Mendicino moved to approve the minutes of the 7/11/01 regular
meeting. The motion was seconded by Mr.
Harp and passed unanimously.
WORK SESSION
OF 6/18/01: Mr.
Mendicino moved to approve the minutes of the 6/18/01 work session. The motion was seconded by Mr. Harp and
passed unanimously.
BILLS LIST:
PAYMENT OF
BILLS: Mr.
Harp moved to pay bills totaling $335,197.98; the motion was seconded by Mr.
Mendicino and passed unanimously.
INTERFUND
TRANSFERS: Mr.
Harp moved to approve interfund transfers totaling $56,210.88; the motion was
seconded by Mr. Mendicino and passed unanimously.
TREASURER:
CAPITAL
PLANNING COMMITTEE: Mr. Harp reported that in the
next 30 days the Capital Planning Committee would have a preliminary discussion
of next year’s budget.
REPORTS OF COMMITTEES,
BOARDS AND COMMISSIONS:
INVESTIGATIVE COMMITTEE
REPORT: Mr. Sanderlin said that Reed Smith has
completed their investigation of the alleged ethical violations, and the report
has just arrived at the Township. He
suggested that the report be made available to the public at the end of
tonight’s meeting.
Mr. Harp moved to accept the
Investigative Report from Reed Smith, and to make the report available to the
public at the end of the meeting. The
motion was seconded by Mr. Mendicino and passed unanimously.
Mr.
Sanderlin asked that the public hold comments and questions regarding the
report until the 8/8/01 Board of Supervisors meeting, by which time the
Supervisors will have had time to review the report. A representative of Reed Smith will be present at the 8/8/01
meeting to respond to questions about the report.
HISTORIC AND ARCHITECTURAL
REVIEW COMMITTEE:
CERTIFICATE OF
APPROPRIATENESS - LA STALLA RESTAURANT (LOVETT BARN): Elinor Campbell, a member of HARB, reported that representatives
of the La Stalla restaurant attended the last two HARB meetings to discuss 17
infractions identified by HARB relating to the renovation of the Lovett
barn. A cease and desist order was
issued on 7/13/01. Ms Campbell said
that the restaurant’s representatives and HARB came to an agreement about all
but two of the problems. She asked the
Board of Supervisors to approve a Certificate of Appropriateness in accordance
with the minutes of HARB’s 7/24/01 special meeting, with items 14 and 17
withheld.
Don
Marshall, attorney for La Stalla, was present and said his client is in
agreement with this recommendation.
Mr. Harp moved to approve a
Certificate of Appropriateness for La Stalla restaurant in accordance with the
minutes of HARB’s 7/24/01 special meeting, with items 14 and 17 withheld. The motion was seconded by Mr. Mendicino and
passed unanimously.
CERTIFICATE OF
APPROPRIATENESS - TYROL’S SYCAMORE: Mr. Mendicino moved to approve the
Certificate of Appropriateness for Frank and John Tyrol’s project at 223 North
Sycamore Street in accordance with HARB’s recommendation, which is: HARB has the right to require that the
existing stone walls be stuccoed, color and texture as approved by HARB. Material selection also approved by
HARB. Mr. Harp seconded the motion.
Discussion of motion: Frank Tyrol was present and said that, although he prefers
stonework, he will work with HARB in accordance with their recommendation.
Mr. Mendicino’s motion
passed unanimously.
ST. ANDREW’S CHURCH -
DEMOLITION OF RECTORY: Ms Campbell reported that
representatives of St. Andrew’s Church discussed their plans for demolishing
their rectory and constructing a prayer garden on the site.
TRAFFIC IMPACT COMMITTEE: Committee Chairperson Karen Doorley reported on the Committee’s
7/17/01 meeting. The Committee
discussed the Land Use Assumption report as updated by Mike Frank. They recommended that the Board of
Supervisors approve the report.
Mr. Mendicino moved to
approve the Land Use Assumption report submitted by Mike Frank. The motion was seconded by Mr. Harp and
passed unanimously.
Mrs.
Doorley also reported that the Committee will be updating the capital
improvements plan soon, which will make it possible for them to do the final
calculations to set traffic impact fees.
PLANNING COMMISSION: Commission Chairperson Karen Doorley reported on the Commission’s
7/17/01 meeting, at which a quorum of members was not present. Therefore, the recommendations made at this
meeting were not formal recommendations. The Commission heard an update on the
Closed Loop system from Traffic Engineer Jeff L’Amoreaux. They reviewed a conditional use application
from Stork Labs and recommended approval.
They also reviewed a conditional use application from Frank and John
Tyrol regarding their property on Sycamore Street and recommended approval; the
public hearing on this matter will be held later tonight. The Commission also reviewed a sketch plan
for the expansion of Newtown Commons.
The
Commission reviewed a revised plan for a minor subdivision of the Peppleman
Tract and recommended that the Board of Supervisors approve the
subdivision. They also recommended that
the Board not oppose the applicants’ variance request. The Commission reviewed the Sewer
Authority’s plan for a pole barn and saw no problems with it. The Commission also reviewed a draft JMZO
amendment regarding the Canal Overlay District, and were generally not in favor
of it because it seems to be taking of property and is written in a confusing
manner.
Mr.
Sanderlin asked that the Commission make a formal recommendation on a letter
from Representative Steil regarding traffic issues shared with Lower Makefield,
which was distributed to members earlier.
CONDITIONAL USE - TYROL’S
SYCAMORE - 223 NORTH SYCAMORE STREET - TMP# 29-12-20: Frank Tyrol and attorney Don Marshall were present to discuss
their application for D-1 Office Use for 6202 square feet in the Town
Commercial District. Mr. Tyrol was
sworn in.
Mr.
Marshall stated that the Zoning Hearing Board granted a variance on 7/19/01 to
allow nine by twenty foot parking spaces on this site. He said that Mr. Tyrol’s business will
occupy 3217 square feet and will operate as described in the Planning
Commission’s 7/19/01 letter. Additional
conditional use applications will be submitted as additional tenants are
identified. Mr. Marshall also said
that the plan meets ordinance requirements for the use of flood fringe
areas.
Mr.
Tyrol affirmed that Mr. Marshall’s statements were correct.
Mr. Mendicino moved to
approve Frank and John Tyrol’s conditional use application for D-1 Office Use
only, subject to the Heritage Conservancy’s 6/6/01 letter, with the
understanding that the flood fringe area will be used for parking if necessary,
only small truck deliveries are expected, Mr. Tyrol’s business will have a
maximum of ten employees, no hazardous materials will be stored on the site and
there will be no noxious environmental effects, the hours of operation will be
normal working hours with occasional weekend use, the applicants will comply
with the Zoning Hearing Board decision of 7/19/01, and additional conditional
use applications will be submitted for additional tenants. Mr. Harp seconded the motion.
Discussion of motion: Mr. Sanderlin asked if a formal recommendation by the Planning
Commission at a meeting with a quorum of members was necessary to approve this
application. Mr. Sander said he thought
not. If it is necessary, the Board can
ratify this approval later.
Mr. Mendicino’s motion
passed unanimously.
REVISED MINOR SUBDIVISION
PLAN - PAUL ALLEN - PEPPLEMAN TRACT - TMP# 29-10-19, 29-10-20 AND 28-4-14: Ed Wild, attorney for Paul
Allen, asked to speak to the Board regarding the Peppleman Tract plan, although
it was not on the agenda. He said that
a variance request is scheduled to be heard by the Zoning Hearing Board before
the next Board of Supervisors meeting, and he would like the Board to affirm
the Planning Commission’s recommendation that the variance be granted. Mr. Wild said that there are two issues
before the Zoning Hearing Board:
1.
The
applicant is creating Parcel A, which will be merged immediately with the
Borough parcel. Reviews have raised a
question about whether Parcel A requires a variance from the minimum lot
requirements.
2.
The
applicant is seeking to reduce the ultimate right of way from 60 feet to 40 feet. He intends to conform to section 604 of the
ordinance, which requires that the setback be an average of the two adjacent
buildings’ setbacks.
Mr.
Wild asked that the Board of Supervisors at least state their neutrality
regarding these issues.
Mr.
Mendicino said that he would like to see the Planning Commission make a
recommendation at a meeting at which a quorum was present before making any
decision.
Michael
Sellers, attorney for Mel Kardos and several other neighboring residents, asked
to speak to the Board on this issue.
Mr. Sellers said that the group of residents he represents helped to
create the TC District several years earlier.
The group opposes this subdivision, and the requested variances, because
it is a piecemeal approach to developing the tract. Mr. Sellers asked the Board to address land development issues on
the entire tract before taking a position on the variance request or approving
the subdivision.
Mr.
Mendicino said that the Planning Commission recommended getting the Solicitor’s
opinion on the driveway on lot 1 during their first discussion of this
plan. This was apparently not done, and
not addressed during the second discussion.
Mr. Mendicino said this supports his belief that the Planning Commission
should have a solicitor at their meetings. He said he would like the Solicitor
to discuss the issue with the members of the Planning Commission, review the
Commission’s minutes, and attend the hearing.
Mr.
Sanderlin said he agreed that the plan should go back to the Planning
Commission for a formal recommendation, but he is not inclined to ask the
Solicitor to oppose the variance requests.
MEMBERS’ COMMENTS:
AMERICAN LEGION POST 440
TEAM: Mr. Harp congratulated the American Legion
Post 440 team on making it into the playoffs.
ILLNESS - MARIO LIONETTI: Mr. Sanderlin expressed the Board’s wishes for Mario Lionetti’s
swift recovery from a recent heart attack.
Mr. Lionetti is the Chairman of the Zoning Hearing Board.
COMMUNITY COMMENTS:
Elinor
Campbell, member of HARB, expressed gratitude for the outstanding services of
Ethel Hibbs, HARB Recording Secretary.
REPORTS OF OFFICIALS:
CHAIRMAN:
REGIONAL
TRAFFIC CONCERNS: Mr. Sanderlin announced that
he would represent the Township at a meeting at the Afton Elementary School in
Lower Makefield Township the evening of 7/31/01. He invited Township residents to attend the meeting, at which
regional traffic concerns will be discussed.
OTHER BOARD MEMBERS: No items for this section.
MANAGER:
AMERICAN
LEGION - FEE WAIVER: Mr. Harwood said that Franklin
Carver, Vice President of the Board of Directors of the Veterans Association of
Newtown, requested that the Township waive the fees associated with a variance
request for a sign on their building.
Mr. Sanderlin moved to waive
the fees associated with the American Legion’s request for a variance to permit
a sign on the south facade of their building.
The motion was seconded by Mr. Mendicino and passed unanimously.
JMZO
CONSOLIDATED ORDINANCE DISTRIBUTION: Mr. Harwood
distributed copies of the consolidated Joint Municipal Zoning Ordinance for
review by the Board of Supervisors.
SOLICITOR:
NEWTOWN
TOWNSHIP ZONING HEARING BOARD - 8/2/01: Mr. Sander
reviewed the applications scheduled for the Zoning Hearing Board’s 8/2/01
meeting. The Board indicated they saw
no need for the Solicitor to attend the meeting on the Township’s behalf.
ENGINEER:
CLOSED LOOP
SIGNALIZATION PROJECT: Mr. Larason reported that
PennDOT has seemed positive about the Township’s request to include emergency
vehicle preemption provisions in the system.
This will require an additional $50,000 in state funds in the contract
with Armour Electric. Mr. Larason said
that the Township has also expressed an interest in extending the Closed Loop
system to make it possible to connect Eagle Road and Sycamore Street to the
system. PennDOT will not fund this
addition, but it will allow the Township to contract separately with Armour
Electric. Mr. Larason provided a memo
dated 7/11/01 with details about this project, and suggested that the
Supervisors discuss this at their work session on 8/20/01.
NEWTOWN
CENTRAL BUSINESS DISTRICT SIGNAL COORDINATION: Mr. Larason provided copies of Mr. L’Amoreaux’s 7/13/01 letter to
Newtown Borough regarding coordination with the Closed Loop system.
ISTEA TRAIL: Mr. Larason stated that the contractor has been asked to
construct a temporary trail adjacent to Stockburgers, to be replaced when the
Sycamore Street work is finished.
GAUCKS LANE: Mr. Larason provided copies of documentation regarding property
ownership along the paper street and the paved portions of Gaucks Lane. He reported that research is in progress
regarding paved limits of the roadway and other properties that may utilize the
roadway.
Bill Peterson asked that properties along Silver
Lake Road be included in the research.
LAND USE
SECTION
NEW BUSINESS:
SKETCH PLAN - MCLAUGHLIN
TRACT - TOLL BROTHERS: Tabled - 4/25/01.
OLD BUSINESS: No items for this section.
OTHER ACTIONS:
ENGINEER:
CORRESPONDENCE:
MINOR
SUBDIVISION - PAUL ALLEN: Mr. Larason provided copies of
recent correspondence regarding this plan.
ESCROW
RELEASES:
NEWTOWN RENTAL
CENTER: Mr.
Mendicino moved to release $1,170.00 in escrow funds for the Newtown Rental
Center, based on Certificate of Completion #4.
The motion was seconded by Mr. Harp and passed unanimously.
NEWTOWN
SHOPPING CENTER: Mr. Mendicino moved to release $204,575.23 in escrow funds for the
Newtown Shopping Center, based on Certificate of Completion #11. The motion was seconded by Mr. Harp and
passed unanimously.
SOLICITOR:
NEWTOWN
MEADOWS - BARN FACADE EASEMENT: Mr. Sander
provided copies of two letters dated 7/18/01 from Caroline Edwards, attorney
for Beazer Homes, regarding the Facade Easement which Beazer was required to
record for the reconstructed barn on the Newtown Meadows property. Mr. Sander said that Beazer has executed the
easement, and he finds it to be in proper form with all required exhibits.
Ms Edwards was present and explained the background
of this matter. The facade
easement documents the current
appearance of the reconstructed barn, the materials used, the obligations of
the current and future owners and the rights of the Township to enforce those
obligations.
Mr. Mendicino moved to
authorize the Chairman to sign the Facade Easement for the barn on the Newtown
Meadows property. The motion was
seconded by Mr. Harp and passed unanimously.
MANAGER:
WAIVER OF LAND
DEVELOPMENT REQUIREMENTS - PRESTON PROPERTY: Mr.
Harwood asked the Board of Supervisors to waive the requirement to notify
neighboring property owners about the development of the Preston property, and
the required review by the Planning Commission.
Mr. Harp moved to waive the
requirement to notify neighboring property owners about the development of the
Preston property, and to waive the required review by the Planning
Commission. The motion was seconded by
Mr. Mendicino and passed unanimously.
PLAN EXPIRATIONS:
KRAMER SUBDIVISION: Mr. Harwood said that the applicant has granted an extension to
9/14/01.
SEWER AUTHORITY: Mr. Harwood said that the applicant has granted an extension of
30 days.
ROUTINE
BUSINESS SECTION
OLD BUSINESS: No items for this section.
NEW BUSINESS: No items for this section.
MANAGER:
MUNICIPAL SECRETARY - PART
TIME TO FULL TIME: Mr. Harwood provided copies of
his 7/20/01 memo regarding his request to change the municipal secretary’s
position from 28 hours a week to 40 hours a week. The memo was accompanied by information requested at the Board of
Supervisors work session on 7/16/01.
Mr. Mendicino moved to
approve changing the municipal secretary position from 28 hours a week to 40
hours a week. The motion was seconded
by Mr. Harp.
Discussion of motion: Mr. Mendicino thanked Mr.
Harwood for preparing the packet of information, and asked that he continue to
discuss with the state what assistance they can offer the Township with records
maintenance.
Mr. Mendicino’s motion passed unanimously.
EXECUTIVE SESSION: The Board went into executive session at 9:50 PM for matters of
real estate, and reconvened at 10:50 PM.
STIPULATION SETTLEMENT AND
AGREEMENT - ELLIOTT BUILDING GROUP: Mr. Mendicino moved to authorize entering
into a stipulation settlement and agreement with the Elliott Building Group
regarding the Pheasant Pointe Mandamus Action.
It is agreed that the five houses in the R1 portion of the property will
be built in accordance with the specifications submitted by Elliott in March
2001; sidewalks will be installed around the entire cul de sac; Elliott will
construct an 18 foot radius green area in the center of the cul de sac; Elliott
will construct a retention basin at the Roberts Ridge park, and possibly make
other improvements as necessary; it is understood that there is no precedential
value to this agreement; and the basin will be completed within 60 days of
entering into the agreement. The motion
was seconded by Mr. Harp and passed unanimously.
VACANCY ON PLANNING
COMMISSION: Mr.
Mendicino moved to appoint Shawn Ward to a vacancy on the Township Planning
Commission. The motion was seconded by
Mr. Harp and passed unanimously.
ADJOURNMENT: Mr. Harp moved to adjourn.
With no objections the meeting was adjourned at 10:55 PM.
RESPECTFULLY
SUBMITTED:
_____________________________
Gretta
Stone, Recording Secretary
Minutes
Approved as submitted _______ as corrected _______
_____________________________
Stephen
D. Sanderlin, Chairman
_____________________________
Thomas
Jirele, Vice Chairman
_____________________________
Scott
R. Harp, Treasurer
_____________________________
Frank
Mendicino, Secretary
_____________________________
Raymond
Goodnoe, Member