NEWTOWN TOWNSHIP

BOARD OF SUPERVISORS

SEPTEMBER 26, 2001


MINUTES WERE APPROVED at the regular meeting October 10, 2001. REGULAR MEETING OF 9/26/01:  Mr. Harp moved to approve the minutes of the 9/26/01 regular meeting.  The motion was seconded by Mr. Weaver and passed unanimously, with Mr. Jirele abstaining.


The Newtown Township Board of Supervisors met on Wednesday, September 26, 2001, in the Township meeting room at 8:00 PM.  In attendance were Supervisors: Chairman Stephen Sanderlin, Secretary/Treasurer Scott Harp, Member Raymond Goodnoe and Member Richard Weaver.  Also present were: Planning Commission Chairperson Karen Doorley, HARB Co-Chairmen Elinor Campbell and Terry McLean, Cable TV Advisory Committee Chairman Jim Bowe, Sycamore Street Committee Chairman Vince Lombardi, Township Solicitor Stephen Harris, 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.  He announced that Louis Melchiondo, longtime Township Superintendent of Roads and Public Facilities, died on 9/22/01.

 

 

INVOCATION:  Given by Pastor Harry Whyte of the More View Bible Church.  This was followed by the Pledge of Allegiance. 

 

 

SPECIAL ACTIONS:

 

INTRODUCTION OF ROBERT PELLEGRINO:  Mr. Sanderlin introduced Robert Pellegrino, newly appointed Township Manager.  Mr. Pellegrino said he will begin working officially for the Township at the end of October.

 

COMMUNITY DEVELOPMENT BLOCK GRANT - PUBLIC HEARING:  Mr. Larason stated that the German Tract is the only area of the Township that qualifies for these funds.  About $10,000 remains from a previous Community Development Block Grant, and an additional $5,100 has been given this year.  Mr. Larason said the Planning Commission recommended using these funds for improvements to Swamp Road, and he supports this recommendation.

 

Mr. Sanderlin asked if anyone wanted to suggest any other projects; there were no suggestions.

 

Mr. Harp moved to authorize the Engineer to apply for CDBG funds for improvements to Swamp Road as recommended by the Planning Commission.  The motion was seconded by Mr. Weaver and passed unanimously.

 

HARB PLAQUES - HISTORIC DISTRICT:  Ellie Campbell and Terry McLean, Co-Chairmen of the Historic Architectural Review Board, presented plaques to several owners of historic properties in the Township:  Vince Lombardi, Bob Dilts, Hans Stein, Robert Shasha and Gregory Peck.

 

PROCLAMATION - SARGEANT CHARLES PATTON:  Mr. Sanderlin presented a proclamation to Sgt. Charles Patton, recognizing his 25 years of service to the Township Police Department.

 

ADDITIONS TO THE AGENDA:  Mr. Harwood announced that page 2 of the agenda should indicate that Annie B’s (item D 1 a) is located in the Newtown Industrial Center, not the Newtown Shopping Center.

 

 

MINUTES, BILLS LIST AND REPORTS:

 

APPROVAL OF MINUTES:

 

REGULAR MEETING OF 9/12/01:  Mr. Harp moved to approve the minutes of the 9/12/01 regular meeting.  The motion was seconded by Mr. Weaver and passed unanimously.

 

BILLS LIST: 

 

PAYMENT OF BILLS:   Mr. Harp moved to pay bills totaling $562,155.95; the motion was seconded by Mr. Goodnoe and passed unanimously.

 

INTERFUND TRANSFERS:  Mr. Harp moved to approve interfund transfers totaling $3,244.11; the motion was seconded by Mr. Goodnoe and passed unanimously.

 

TREASURER’S REPORT: 

 

MINIMUM MUNICIPAL OBLIGATION:  Mr. Harp read the following statement into the minutes:

 

Mockenhaupt Associates has provided the 2002 Minimum Municipal Obligation (MMO) reports for both the Police Pension Plan and Non-uniformed Employees’ Pension Plan.  It is required by the Auditor General that the report be submitted to and read into the minutes by a member of the Board of Supervisors by September 30, 2001.

 

The financial requirement and the 2002 Minimum Municipal Obligation for the Newtown Township Police Pension Plan will be $123,573.

 

The financial requirements and the 2002 Minimum Municipal Obligation for the Newtown Township Non-uniformed Employees’ Pension Plan is $120,268.

 

General Fund monies will be used to fund the unfunded balances; therefore, funding the Police Pension and Non-uniformed Employees’ Pension Plan in full.  The deposits into the Plans will take place by October 31, 2002.

 

FIRE HOUSE FUND:  Mr. Harp moved to approve the liquidation of a Certificate of Deposit invested for the Fire House Fund in the amount of $260,458.26, plus interest earned in the amount of $2,601.41, to meet the Township’ obligation to this fund.  The motion was seconded by Mr. Goodnoe and passed unanimously.

 

 

REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS

 

CAPITAL PLANNING COMMITTEE:  Mr. Harp reported that the Committee is meeting frequently; the next meeting will be 9/27/01.  They are addressing the Township’s major capital projects, and expect to present some proposals soon.

 

NEWTOWN AREA CABLE TV ADVISORY COMMITTEE:  Chairman Jim Bowe reported that the Committee met on 9/19/01 and discussed the reconstruction work in Newtown Crossing, the anticipated move of the Council Rock School District channel to #78, a cable TV technology seminar, developing guidelines for erecting satellite dishes and a new Council Rock Cable Board.

 

Mr. Goodnoe asked if RCN had progressed with building their system.  Mr. Bowe said his committee met with RCN in August and learned they are having economic problems.  They will send information on how they plan to meet the requirements of their contract with the Township.  Mr. Harp said the Township remains committed to bringing cable TV competition to Newtown.

 

HISTORIC ARCHITECTURAL REVIEW BOARD:  Terry McLean, Co-Chairman of HARB, reported that the Board met on 9/19/01 and 9/24/01.

 

CERTIFICATE OF APPROPRIATENESS - ST. ANDREWS’ CHURCH - SYCAMORE STREET:  Mr. McLean reported that the Board voted 3-1 to recommend approval of a Certificate of Appropriateness for St. Andrews’ request to demolish the rectory, with a number of conditions involving the reuse of the materials. 

 

Several members of the Newtown Joint Historic Commission were present and asked to speak in opposition to this recommendation.  They also provided copies of two architectural reports; a memo from Larry Fink, Chairman of the Joint Historic Commission, listing their objections; and photographs of the rectory.

 

Commission member Jeannette Rogers asked the Board of Supervisors to deny the Certificate of Appropriateness because the rectory is a rare and important example of late 19th century architecture.  She said that HARB had not reviewed the information provided tonight, and only one HARB member had visited the site.

 

Commission member Penny LeGrand supported Ms Rogers’ statements.  She wondered if the Joint Downtown Newtown Corporation would be interested in the rehabilitation and reuse of the rectory.

 

Cathy Fink, representing Commission Chairman Larry Fink, said that the architect’s report found few structural problems in the rectory.  She stated the demolition would be a great loss to the area.

 

Terry McLean said that four HARB members visited the site, not one.

 

Joseph McKernan, St. Andrews’ Church architect, stated that the church is the most important part of the site to the parish.  The parish and the diocese have no need for the rectory.  It has been estimated that it would cost $165,000 to $170,000 to renovate the rectory, and the parish is already over budget with the renovations to the church.  Both structural reports they commissioned recommended demolition. 

 

Mr. McLean said that relocation of the rectory was investigated without success.  

 

Mr. McKernan presented a sketch plan for the prayer garden planned for the site.  He said that the demolition will provide additional parking and better handicapped access, and will make the church’s bell tower and stained glass more visible.

 

Mr. Sanderlin asked if the parish had discussed their plans with the Joint Historic Commission.  Mr. McKernan said there were problems meeting with the Commission, although the parish did make a presentation to them in July. 

 

Vince Lombardi, Chairman of the Sycamore Street Committee, said that the Committee has discussed but not voted on this plan.  He said that the members of the Sycamore Street Committee felt the rectory is an eyesore and should be demolished.  He also stated that the Joint Downtown Newtown Corporation does not deal with religious buildings.

 

Ms LeGrand asked why the parish had not offered the building to anyone who would relocate it.  Mr. McLean responded that it was offered, but no one came forward.

 

Another member of the Commission said she is a member of St. Andrews Church and has heard no discussion of the proposed demolition of the rectory.

 

Ethel Hibbs, also a member of St. Andrews, suggested the matter be tabled to the next Board of Supervisors meeting to allow time for the congregation to discuss the subject and for the two historic groups to meet.

 

Mr. McKernan said the parish needs to have the demolition under contract by 10/15/01.  Mr. Sanderlin said he will meet with the two historic groups and the church at whatever time they set.  He said that Monday night work sessions in October are mostly taken up by discussions of the budget.  He also asked the Joint Historic Commission to make a recommendation on how the rectory materials could be used elsewhere.

 

Mr. Goodnoe moved to table the Certificate of Appropriateness to 10/10/01 to allow for gathering of information and dialogue.  The motion was seconded by Mr. Weaver and passed unanimously.

 

Mr. Goodnoe said that the Joint Downtown Newtown Corporation has no authority concerning the demolition of historic buildings.

 

Ms LeGrand said she will take responsibility for arranging the meeting among the two historic groups, Mr. Sanderlin and the parish.

 

CERTIFICATE OF APPROPRIATENESS - CITGO STATION - 101 SYCAMORE STREET: Mr. Goodnoe moved to approve a Certificate of Appropriateness for the Citgo station, with the conditions described in HARB’s recommendations of 9/19/01.  The motion was seconded by Mr. Harp and passed unanimously.

 

PLANNING COMMISSION:  Karen Doorley, Chairperson of the Planning Commission, reported on their 9/18/01 meeting.  The Commission reviewed a proposed list of projects for the Transportation Improvement Program; they recommended approval of items one through eight, with a commitment of local funding participation on numbers one through seven.

 

The Commission recommended approval of a conditional use application from Qualtech Molecular Laboratories, and reviewed a sketch plan for Building Control Systems.  The Commission also discussed three applications before the Zoning Hearing Board and recommended that the Township oppose all three.

 

Mrs. Doorley said that the Kramer minor subdivision plan is on the agenda tonight in the Land Use section, and she noted that the Planning Commission had suggested changes in the plan at their meeting in April 2001.

 

CONDITIONAL USE - ANNIE B’S - 66 WALKER LANE - TMP# 29-10-99-1-4:  Attorney James McMaster and applicant Ann Bartholomay were present to discuss their request for a G-1 Manufacturing Use for approximately 5,000 square feet in the Light Industrial District.  Mr. McMaster said that Annie B’s is a wholesale baked goods business which supplies caterers, hotels and restaurants.  He said that there will be a maximum of nine employees per shift, hours of operation will be 6:00 AM to 10:00 PM Monday through Saturday, no retail sales will take place, and no noxious environmental effects are anticipated.

 

Mr. Goodnoe moved to approve the conditional use application for G-1 Manufacturing Use, with hours of operation from 6:00 AM to 10:00 PM Monday through Saturday, an average of six and a maximum of nine employees in each of two shifts, 11 parking spaces required and 15 provided, no hazardous materials stored or used, and all costs of the review process paid.  The motion was seconded by Mr. Harp and passed unanimously.

 

CONDITIONAL USE - CHICK-FIL-A - NEWTOWN SHOPPING CENTER - TMP# 29-3-24:  Timberlake Townes of J. Loew & Associates and engineer John Martinez were present to discuss Chick-Fil-A’s application for E-6 Eating Place Use with Drive-Through.  The hearing was continued from the 9/12/01 Board of Supervisors meeting.

 

Mr. Townes said that the plan has been revised to reduce the size of the signs, and the drive-through traffic pattern was changed in accordance with Mr. Jirele’s suggestion at the previous meeting.  The orientation of the building remains the same.

 

Mr. Sanderlin said the plan seems much better to him.  He asked about Mr. Townes’ request for a variance on signage for this plan.  Mr. Townes responded that the number of signs has been changed from four to three by eliminating the one facing Route 413.  The size of the remaining signs complies with the ordinance, and the signage plan is similar to Applebee’s approved plan.  He said he will amend his variance application to reflect these changes.

 

Mr. Townes stated that the hours of operation will be 6:30 AM to 10:00 PM Monday through Saturday, an average of ten and a maximum  total of 60 persons will be employed at the site, refuse will be stored in an enclosed area off the loop road.  All changes will be incorporated in an as-built plan, which Mr. Townes estimated will be submitted within six months.

 

Mr. Harp moved to approve the conditional use application for E-6 Eating Place Use with Drive-Through, subject to the Heritage Conservancy letter of 9/6/01, with operating hours from 6:30 AM to 10:00 PM Monday through Saturday, an average of ten and a maximum of 60 employees, refuse storage in an enclosed area shown on the plan, with only three signs no larger than 20 square feet, eliminating the “Original Chicken Sandwich” sign, with an as-built plan submitted within six months, all costs of review paid in full, and with the traffic circulation as shown on the sketch submitted to the Supervisors tonight.  The motion was seconded by Mr. Weaver.

 

Discussion of motion:  Jim Bowe a resident of Tyler Walk, expressed appreciation for the changes in the Chil-Fil-A plan, but asked if something could be done to shield the neighboring residents from the headlights of cars in the drive-through line.  Mr. Martinez said that landscaping can be installed to shield the neighbors.

 

Terry McLean spoke in support of Mr. Bowe’s concern.

 

Mr. Harp amended his motion to include the installation of hedges around the north face of the drive-through curve, and Mr. Weaver amended his second.  The motion passed unanimously.

 

 

MEMBERS’ COMMENTS:

 

POLICE INCIDENT:  Mr. Sanderlin described a recent incident in which Officer Daniel Bell and several other officers from other municipalities were injured during a pursuit.  He thanked Officer Bell and others for risking their lives every day. 

 

Elinor Campbell suggested that the Board of Supervisors write a letter to Officer Bell commending him for his actions; Mr. Sanderlin said he would write such a letter.

 

SHADE TREE COMMITTEE:  Mr. Harp introduced Sue Sutton and Russ Strover of the Township’s shade Tree Committee.  Ms Sutton said the Committee is seeking donations to a tree fund, and volunteers to help with planting at Roberts Ridge Park on 10/26/01 (rain date is 11/7/01).  Mr. Strover described the trees being planted. 

 

Mr. Harp added that donations can be make payable to the Newtown Township Park and Recreation Department and sent to the Township Office.

 

 

COMMUNITY COMMENTS:

 

Larry Shaeffer, a Watershed volunteer, distributed a flyer about a workshop offered by Villanova University on 10/16/01 on “Beyond the Detention Basin”.  It will educate non-engineers about alternatives to the detention basis system of stormwater management.

 

Nancy Crescenzo, a Township resident, spoke in support of establishing a Township skateboard park with $80,000 set aside for a gazebo in Roberts Ridge Park.  Mr. Harp responded that Roberts Ridge is designated for passive recreation.  He said that the Township is looking into using the old Acme site and other alternatives. 

 

Ms Crescenzo also asked the Township to investigate whether residents are fairly represented on the Council Rock School Board.  

 

John Hitchner, a resident of Upper Silver Lake Road, asked why he was not notified as he requested about Township meetings at which Wiltshire Walk was on the agenda.  He said his concerns are with the properties above the intersection of Upper Silver Lake Road and Penns Trail North.  He said he wrote about his concerns to Mr. Vesey, Mr. Murphy and Mrs. Doorley and received no response.  He is concerned about his well, a stream and a stand of old trees.  He also claimed that an area of wetlands shown on the original plan disappeared, and questioned the stormwater management plans that were approved.

 

Mr. Larason said that the wetlands appeared only on the sketch plan; the area may not have qualified as wetlands, and the stream may not have qualified as a watercourse.  Mr. Larason said that the drainage plans will work as claimed by the applicant.  He suggested that Mr. Hitchner bring up his question about the stand of trees when the Planning Commission discusses of the final plan.

 

Mr. Hitchner asked that elevations of the houses to be built be required for final plan approval.  Mr. Harris said the Township cannot require this. 

 

Mr. Harp suggested that Mr. Hitchner check the Planning Commission and Board of Supervisors agendas posted on Channel 23.

 

 

REPORTS OF OFFICIALS:

 

CHAIRMAN: 

 

MANAGER VACANCY:  Mr. Sanderlin said the Board of Supervisors held an executive session on 9/17/01 and voted to authorize a contract with Mr. Pellegrino.  He thanked Bennett Associates for their work on the search for a new Township Manager.

 

PLANNING COMMISSION VACANCY:  Mr. Sanderlin said that the Township has received one inquiry about the vacancy on the Planning Commission.  He noted that there will be three more vacancies as of 1/1/02, and invited interested residents to apply.

 

OTHER BOARD MEMBERS:

 

MAKING A DIFFERENCE:  Mr. Goodnoe said that the fourth annual Making a Difference conference for board members of Homeowners’ Associations will be held on 10/20/01 at LaSalle University.  He asked any HOA board member who did not receive an invitation to contact the Township Office.  The new Township Manager, the Solicitor for the Jointure and an insurance expert are among those expected to participate in the program.

 

FLYING THE FLAG:  Mr. Goodnoe said he read an article in the Inquirer that stated some HOAs have rules against flying the American flag.  He said this prohibition is against state law.

 

MANAGER:

 

POLICE - AMENDMENTS TO DUTY MANUAL:  Mr. Harwood asked that this item be deferred to next week’s work session.

 

PENNDOT 12 YEAR PLAN - TIP:  Mr. Harwood asked that the Supervisors act on the proposed Transportation Improvement Program projects as recommended by the Planning Commission.  Mr. Larason said the application is due 10/19/01.  He also expressed the hope that some recommendations for work on Swamp Road will come out of the Swamp Road Corridor Study and be included on the TIP.

 

Mr. Sanderlin suggested the item be tabled to the 10/10/01 meeting so that recommendations of the Swamp Road Study can be discussed.

 

AUTHORIZATION FOR TEP GRANT APPLICATION:  Mr. Harwood asked that the Supervisors authorize an application to PennDOT for a grant under the Transportation Enhancements Program for the Sycamore Street project.

 

Mr. Harp moved to authorize submission of a TEP grant request.  The motion was seconded by Mr. Goodnoe and passed unanimously.

 

SOLICITOR:

 

ORDINANCE - ETHICS COMMITTEE:  Mr. Harris provided copies of an ordinance which establishes a Township Ethics Committee to oversee compliance with the amended Township Ethical Standards.  The ordinance has been advertised for public hearing tonight.

 

Mr. Sanderlin said he supports this ordinance, although he anticipates that the Committee will be inactive most of the time.  Mr. Harp asked if Mr. Harris had any advice about whether this Committee is necessary and conforms with the Second Class Township Code.  Mr. Harris said that it is consistent with the Code, and that the Supervisors need to decide if the Committee will be useful.  Mr. Harris called this a policy issue rather than a legal issue.

 

Mr. Harp moved to adopt the ordinance creating a permanent Ethics Committee to oversee compliance with the Township’s Code of Ethics.  The motion was seconded by Mr. Weaver and passed unanimously, with Mr. Goodnoe abstaining.

 

ACME - LICENSING AGREEMENT (SYCAMORE STREET):  Mr. Harris said that Midatlantic Pipeliners, a contractor working on the Sycamore Street project, has asked to use the Acme site as a staging area.  Acme is willing to allow this if the Township signs a License Agreement “sponsoring” the use.  Mr. Harris has negotiated a Release and Hold Harmless Agreement with Midatlantic, and provided a copy of the proposed Licensing Agreement with Acme.

 

Mr. Harp asked what will happen if the Township does not agree to the Assumption Agreement.  Mr. Harris said the Licensing Agreement relates only to the parking lot at the Acme site, and therefore will not result in negative consequences if the Township does not sign the Assumption Agreement.

 

Mr. Goodnoe moved to authorize the Chairman to execute the Licensing Agreement with Acme.  The motion was seconded by Mr. Weaver.

 

Discussion of motion:  Mr. Sanderlin asked if there was any “down side” to the licensing agreement; Mr. Harris and Mr. Larason responded that there was not.

 

Mr. Goodnoe’s motion passed 3-1, with Mr. Harp voting “nay”.

 

ENGINEER:

 

WRIGHTS AND DURHAM ROADS TRAFFIC SIGNAL:  Mr. Larason reported that design of the signal is progressing, but the limited right of way at the site is a challenge.

 

NEWTOWN BYPASS CLOSED LOOP SYSTEM:  Mr. Larason said this project is on target

 

WALNUT AVENUE/SWAMP ROAD CONSTRUCTION PROJECT:  Mr. Larason reported that construction is progressing and should be completed by the end of September.

 

COMMUNITY DEVELOPMENT BLOCK GRANT:  Discussed earlier.

 

YEAR 2001 TRANSPORTATION IMPROVEMENT PROGRAM:  Discussed earlier.

 

NEWTOWN TRAIL:  Mr. Larason said that the major construction is complete and a punch list of minor items remains after the 9/18/01 inspection.

 

 

 

LAND USE SECTION

 

 

NEW BUSINESS:  None.

 

 

OLD BUSINESS:

 

COMMERCE BANK SIGN PLAN:  Attorney Douglas Maloney was present to discuss Commerce Bank’s amended signage plan for their bank in the Newtown Shopping Center.  The Supervisors had received copies of Mr. Maloney’s 9/25/01 letter, with proposed sign plans and elevations, in their packets.  At the 9/12/01 Board of Supervisors meeting, the Board requested that Commerce Bank submit these materials and discuss their variance request at tonight’s meeting.

 

Mr. Maloney said that the amended plan shows three signs:  the large “C” on the front sign was reduced to five feet high, the drive-through sign is unchanged, and the monument sign has been changed to a nine foot high 29.75 square foot wall sign on the side of the building facing Durham Road.  Mr. Maloney said Commerce Bank will amend their variance request in accordance with this plan if the Board of Supervisors will not oppose the request.  He noted that the amended plan will still need a variance because the wall sign is greater than two square feet.

 

Mr. Harwood asked if Commerce Bank will seek a variance to allow exposed lighting on the signs, and Mr. Maloney said they will not. 

 

Jim Bowe, a resident of Tyler Walk, said he is concerned about the size of the signs, the light generated and the precedent set if this sign plan is permitted.  He asked why developers are routinely allowed to exceed ordinance requirements.  Mr. Sanderlin responded that the courts have often supported developers’ requests to exceed the ordinance.  He also said that the white lettering is minimal in the sign facing Tyler Walk, and that is what primarily generates light.

 

Mr. Harris suggested this issue be revisited after all the pending applications are reviewed under the Solicitor’s report.

 

 

OTHER ACTIONS:

 

ENGINEER:

 

ESCROW RELEASES:

 

NEWTOWN SHOPPING CENTER:  Mr. Goodnoe moved to release $1,800.00 in escrow funds for the Newtown Shopping Center, based on Certificate of Completion #13.  The motion was seconded by Mr. Harp and passed unanimously.

 

PENNS PRESERVE:  Mr. Goodnoe moved to release $85,699.70 in escrow funds for Penns Preserve, based on Certificate of Completion #4.  The motion was seconded by Mr. Weaver and passed unanimously.

 

SOLICITOR:

 

NEWTOWN TOWNSHIP ZONING HEARING BOARD - 10/4/01:  Mr. Harris reviewed the three new applications scheduled for the next Zoning Hearing Board meeting.  He stated that agreements have been reached with Commerce Bank and Chick-Fil-A.  He noted that the Planning Commission recommended opposition to the applications of John Stezzi and Keller-Williams.

 

Mr. Sanderlin said he favored having Mr. Harwood express the Supervisors’ concerns, rather than asking Mr. Harris to attend the meeting.  Mr. Harp agreed with this suggestion.

 

Mr. Harwood said the Keller-Williams request is for a separate sign in addition to a joint sign at this site.  He said he will make a strong statement at the Zoning Hearing Board meeting about this application.

 

Mr. Harp moved to authorize Mr. Harwood to attend the Zoning Hearing Board and express the concerns of the Board of Supervisors.  The Solicitor is instructed not to attend the meeting.  The motion was seconded by Mr. Weaver.

 

Discussion of motion:  Mr. Goodnoe said that the Board of Supervisors seems to be getting more involved with the Zoning Hearing Board decisions.  He suggested that the Supervisors reserve their involvement for egregious problems.  Mr. Sanderlin said this is why he favors asking Mr. Harwood rather than Mr. Harris to carry the Supervisors’ concerns.

 

Mr. Harp’s motion passed 3-1, with Mr. Goodnoe voting “nay”.

 

KRAMER SUBDIVISION PLAN APPROVAL - TMP# 29-19-1-1, 29-19-1-2, 29-19-1-4, 29-19-1-5,29-19-38 AND 29-19-38-2:  Robert Kramer was present to discuss his plan for a minor subdivision of his property on Wrights Road.  Mr. Harris reviewed the history of this submission, and stated his opinion that when the court approved three lots, any variances necessary to create those three lots were also approved.  He noted that another aspect of this plan is the suit filed against the Township by Mr. Kramer. Mr. Harris recommended that the suit be settled with a payment of $5,000 to Mr. and Mrs. Kramer, which they have indicated they will accept.  Mr. Harris said that the escrow money from the Eagle Glen development will cover the payment.

 

Attorney Bill Benner stated he represents Mr. and Mrs. Koenig, who are adjacent property owners.  Mr. Benner said that the Kramers’ subdivision should conform to all requirements of the ordinance.  He distributed copies of the Zoning Hearing Board decision of 1996.  Mr. Benner stated that variances granted by the ZHB expire within six months if no use permit is obtained, and he believes this is the case with the Kramer plan.

 

Mr. Benner added that the plan has further deficiencies: the area of the drainage easements should have been subtracted from the lot area, no site capacity calculations appear on the plan, the plan does not identify mature trees, and the sideyard setback does not conform.

 

Mr. Harris said that the Zoning Hearing Board visited the site, and he is convinced that they intended to approve the plan submitted by Mr. Kramer.

 

Mr. Larason said that the Board of Supervisors asked Mr. Kramer to add a drainage easement; it is not required, and therefore does not need to be subtracted from the lot area.

 

Mr. Goodnoe moved to approve Robert and Maria Kramer’s final plan for a minor subdivision, subject to compliance with the Carroll Engineering letter of 7/19/01, with a 50 foot side yard setback, with the requirement for a detention basin waived, with street trees provided, a conservation easement protecting wetlands, a sanitary sewer easement will be granted to the Sewer Authority, traffic impact and park and recreation fees will be paid, water and sewer service agreements provided, Mr. Kramer will withdraw his lawsuit against the Township in consideration of a payment of $5,000.  The motion was seconded by Mr. Sanderlin.

 

Discussion of motion:  Mr. Sanderlin asked Mr. Harris to address the question of the alleged expiration of the variances granted by the Zoning Hearing Board.  Mr. Harris responded that he had not considered the question.   Mr. Kramer said he did file the plan within six months of the court decision regarding the Zoning Hearing Board decision.

 

Mr. Sanderlin said he would like to see documentation that Mr. Kramer filed the plan in time.  Mr. Harp suggested that the matter be tabled to the next meeting due to the late hour and to allow Mr. Kramer to submit the documentation.  Mr. Kramer agreed to return with the documentation.

 

Mr. Goodnoe agreed to withdraw his motion, and Mr. Sanderlin withdrew his second.

 

Mr. Harris prepared a letter granting an extension to10/12/01, which Mr. Kramer signed.  The matter was tabled to the 10/10/01 meeting.

 

MANAGER:  No items for this section.

 

 

PLAN EXPIRATIONS:  Mr. Harwood said that the Township has just received an extension on the McLaughlin Tract to 12/15/01.

 

 

 

ROUTINE BUSINESS SECTION

 

 

No items for this section.

 

 

EXECUTIVE SESSION:  The Board of Supervisors recessed for an executive session regarding personnel and pending litigation.  When they returned they took action on two items.

 

PHEASANT POINTE:  Mr. Harp moved to authorize the Solicitor to draft an agreement with the Elliott Building Group regarding Pheasant Pointe.  The agreement will allow Elliott to dispose of soil on site and not raise the berm, waive the traffic impact fees and park and recreation fees on five lots, not require a planter island in the cul de sac, not require Elliott to install a pad for a gazebo, require Elliott to install a basin in Roberts Ridge Park, and allow building permits to be issued.  The motion was seconded by Mr. Weaver and passed unanimously.

 

COMCAST:  Mr. Harp moved to charge Comcast $5,000 a year, plus any County taxes imposed, to allow Comcast to build a facility on Township land.  The Solicitor is authorized to draft a lease with these terms.  The motion was seconded by Mr. Goodnoe and passed unanimously.

 

 

ADJOURNMENT:  Mr. Harp moved to adjourn.  With no objections the meeting was adjourned at 1:30 AM, 9/27/01.

 

 

 

RESPECTFULLY SUBMITTED:

 

 

_____________________________

Gretta Stone, Recording Secretary

 

 

Minutes Approved as submitted _______ as corrected _______

 

 

_____________________________

Stephen D. Sanderlin, Chairman

 

 

_____________________________

Thomas Jirele, Vice Chairman

 

 

_____________________________

Scott R. Harp,  Secretary/Treasurer

 

 

_____________________________

Raymond Goodnoe, Member

 

 

_____________________________

Richard Weaver, Member