Board of Supervisors Minutes
June 25, 2003
MINUTES WERE APPROVED at the regular meeting July 9 , 2003. MINUTES OF THE REGULAR MEETING OF 6/25/03: Mrs. Goren moved to approve the minutes of the 6/25/03 regular meeting; the motion was seconded by Mr. Weaver and passed unanimously.
The Newtown Township Board of Supervisors met on Wednesday, June 25, 2003, in the Township meeting room at 8:00 PM. In attendance were Supervisors: Chairman Scott R. Harp, Vice Chairman/Assistant Treasurer Anne Goren, Treasurer/Secretary Richard Weaver, Member Thomas Jirele and Member Raymond Goodnoe. Also present were: Park and Recreation Board Chairman Bernard Bires, Planning Commission Vice-Chairman Allen Fidler, Cable TV Committee Chairman James Bowe, Township Solicitor Stephen Harris, Township Engineer Gerald Smith and Township Manager Robert M. Pellegrino.
CALL TO ORDER: Chairman Scott R. Harp called the regular meeting to order at 8:00 PM with a moment of silence.
INVOCATION: Given by Pastor David Wagner of the Lutheran Church of God’s Love. This was followed by the Pledge of Allegiance.
ADDITIONS TO THE AGENDA: Mr. Pellegrino asked the Board to meet in executive session for matters of litigation and land acquisition following the public meeting tonight. Mr. Harp said a report on the Codes Committee and a Special Action have been added to the agenda.
MINUTES, BILLS LIST AND REPORTS
MINUTES OF THE REGULAR MEETING OF 6/11/03: Mrs. Goren moved to approve the minutes of the 6/11/03 regular meeting; the motion was seconded by Mr. Weaver and passed unanimously.
BILLS LIST: Mr. Weaver moved to pay bills totaling $182,494.17, and to make interfund transfers totaling $400,100.00. The motion was seconded by Mrs. Goren and passed unanimously.
TREASURER’S REPORT: None.
FIRE COMPANY ADDITION: Mr. Harp invited Warren Dallas of the Fire Company to the podium and presented a proclamation to him in honor of the addition to be built on Station 55. Mr. Harp thanked the Fire Company for sharing its space with the Emergency Services Department, and said he expects the Board will be signing mylars for the addition tonight.
REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
HISTORIC ARCHITECTURAL REVIEW BOARD (HARB): Ethel Hibbs, HARB Secretary, reported that HARB recommends that the Board approve two Certificates of Appropriateness. The materials were distributed earlier to Board members.
SERVICE SELECT/MIMI OLSEN - BAYADA NURSES - 9 S. SYCAMORE STREET: Mrs. Goren moved to approve a Certificate of Appropriateness for the refacing of a sign at 9 S. Sycamore Street, as recommended by HARB on 6/10/03. The motion was seconded by Mr. Weaver and passed unanimously.
WYNMERE HUNT ASSOCIATES - CAMBRIDGE LANE AND SYCAMORE STREET - THE CORNERS AT NEWTOWN PLACE: Mrs. Goren moved to approve a Certificate of Appropriateness for replacing the backboard of an existing sign, changing the site’s name to “The Corners at Newtown Place”. The motion was seconded by Mr. Jirele.
Discussion of motion: Mr. Goodnoe asked if the same number of businesses will be listed as on the old sign. Mrs. Hibbs said she believes so.
Mrs. Goren’s motion passed unanimously.
PLANNING COMMISSION: Commission Vice-Chairman Allen Fidler reported on their 6/17/03 meeting, at which the Commission reviewed an amended final plan for the Village at Newtown South. The applicant agreed to provide a 30 day extension so that the Township Engineer and Solicitor can do some further research. The Commission reviewed a revised proposal to add an H-15 Agricultural Retail Accessory Use to the R-2 District, recommended a few changes, and referred it to the Board of Supervisors.
The Commission reviewed three pending Zoning Hearing Board applications and had no comments on them, and recommended that plans for the Woll Tract and other Park and Recreation projects be shared with the Commission early in the process.
Mr. Fidler asked if plans have been made to honor a retiring Commission member, Paul Kester, for his years of service to the Township. Mr. Harp responded that Mr. Kester has been invited to the 7/9/03 Board meeting to give an invocation and to receive recognition for his service.
PARK AND RECREATION BOARD: Chairman Bernard Bires reported on the Board’s May and June meetings. A subcommittee met with Mr. Pellegrino about plans for the development of the Woll Tract, Mr. and Mrs. Milnor will be the marshals of the First Fourth parade, and participation in Township recreation programs is up 12% over last year. Mr. Bires asked Vice-Chairman Andy Levine to discuss Roberts Ridge Park.
Mr. Levine said a subcommittee of the Board is involved in planning for the development of the park. The Park and Recreation Board endorsed their recommendations for the following program elements for the park:
· A picnic grove
· A playground area (possibly including a playground designed for handicapped children)
· Passive recreation
· A flower and herb garden
A 5/1/03 memo from Township Planner Judy Goldstein summarizing the Roberts Ridge subcommittee’s recommendations was distributed earlier to the Board of Supervisors. Ms. Goldstein’s memo estimated that approximately 60 parking spaces will be needed for the program elements listed above.
Mrs. Goren moved to authorize the Engineer and Planner to update current development plans for Roberts Ridge to include parking and other facilities needed for the program elements described above. The motion was seconded by Mr. Weaver.
Discussion of motion: Mr. Goodnoe asked how much the updating of the plans will cost. Mr. Smith said he can provide an estimate of his services by the next Board of Supervisors meeting. He will coordinate with Ms. Goldstein to avoid duplication of services. Mr. Goodnoe and Mr. Jirele said they do not want to vote on this until they know the estimated cost.
Mr. Pellegrino said the timeline approved by the Board calls for the Park and Recreation Board to present a sketch plan to the Board of Supervisors for a preliminary review, and then to present it to the Planning Commission.
Mrs. Goren and Mr. Weaver withdrew their motion.
CABLE TV COMMITTEE: Committee Chairman Jim Bowe reported on their 6/18/03 meeting, which the Comcast representative attended. Comcast hopes to finish wiring the Newtown Industrial Commons before winter. Comcast has a new billing system that will be operational by August; June bills will be delayed. The Committee received a letter from a Newtown Crossing resident complaining about Comcast’s responsiveness; the representative will follow up on this. He further requested that the Township copy him on any complaints received about Comcast services.
Mr. Bowe said that the Committee continues to look for video content, and is considering asking for sponsors of individual productions. The Committee will be taping some First Fourth events and would welcome video submissions from residents.
Mr. Harp thanked the Cable TV Committee for persisting in their efforts to bring cable service to the Newtown Industrial Commons.
JOINT DOWNTOWN NEWTOWN CORPORATION (JDNC): Mr. Goodnoe reported on the JDNC’s 6/19/03 meeting. He thanked the Board for facilitating the application for the Main Street Manager program. The application has been submitted, and a decision is expected soon. The JDNC is conducting a search for the Main Street Manager position. They are also working with the Sycamore Street Committee and the Economic Development Committee to coordinate signage in the Newtown area.
Mr. Goodnoe said the Council Rock School District administrative offices have moved into the renovated Chancellor Street School building. He noted that the JDNC raised nearly $300,000 in contributions and grants for the renovation project. The JDNC is looking for a manager for their website. The next meeting will be 7/17/03.
FINANCIAL PLANNING COMMITTEE: Mr. Pellegrino referred to his 6/19/03 memo regarding two policies necessary to implement an annual financial report based on the new GASB 34 requirements, and a proposal from American Appraisal Associates for services related to the inventory of assets required by GASB 34. He said the Financial Planning Committee recommended at their 5/20/03 meeting that the Board adopt the asset policies and approve the proposal.
CAPITALIZATION POLICY OF FIXED ASSETS: Mr. Pellegrino explained that under this policy, the Township will capitalize all individual asset acquisitions with an estimated useful life expectancy of greater than five years and a cost of $5,000 or more.
Mr. Weaver moved to adopt the Capitalization Policy of Fixed Assets. The motion was seconded by Mrs. Goren and passed unanimously.
FIXED ASSET CONTROL INVENTORY POLICY: Mr. Pellegrino explained that under this policy, proper control procedures will be followed for all capital asset acquisitions, transfers and dispositions.
Mr. Weaver moved to adopt the Fixed Asset Control Inventory Policy. The motion was seconded by Mrs. Goren.
Discussion of motion: Nancy Crescenzo, a Township resident, asked if these policies will determine how the Township budgets for capital expenditures. Mr. Pellegrino said there is not a direct relationship.
Mr. Weaver’s motion passed unanimously.
PROPOSAL FROM AMERICAN APPRAISAL ASSOCIATION: Mr. Pellegrino said the cost of the proposed services is $12,100, which will come from the general fund. The company will implement GASB 34 Capital Asset reporting and update the Township’s fixed asset inventory.
Mrs. Goren moved to contract with American Appraisal Associates for their services related to GASB 34 requirements as described in Mr. Pellegrino’s memo of 5/21/03, for an amount not to exceed $12,100. The motion was seconded by Mr. Weaver.
Discussion of motion: Mr. Goodnoe asked who will maintain the inventory. Mr. Pellegrino said the Township can decide this later. He said American Appraisal will do a physical inventory, checking on the Township’s current tracking system and updating the values of the assets.
Mrs. Goren’s motion passed unanimously.
Mr. Harp thanked Mr. Pellegrino and Ms. Gibbs for their work on this issue.
ECONOMIC DEVELOPMENT COMMITTEE: Mr. Weaver said the Committee has been studying the issues facing the Newtown Industrial Commons, and expects to bring some recommendations to the Board later this summer.
CODES COMMITTEE: Mrs. Goren reported on their 6/17/03 meeting. The Committee reviewed two cases: the School District requested relief on sprinkler requirements at a construction project; and a contractor presented revisions to an approved plan. The Committee stated they will no longer approve partial inspections.
MEMBERS’ COMMENTS: None.
Mr. Harp asked that individuals limit their comments to five minutes, refrain from personal attacks, and allow residents to comment first. He said this session will last approximately 30 minutes.
Nancy Crescenzo asked what is happening with plans for Silver Lake Park. Mr. Pellegrino said he is getting bids for a plan based on the program outlined by the Park and Recreation Board. Ms. Crescenzo also asked the Board to discuss options for a community center. Mr. Harp said this will take place as part of the Board’s upcoming discussion of the expansion of the Municipal Services Complex. Ms. Crescenzo complained that the Board did not appoint a representative to work with the Newtown Business and Professional Association on developing a community center.
Brandon Wind, a Township resident, thanked the Board for helping to get cable service for the Newtown Library Company. He also asked what the $15,000 insurance settlement in the bills list was about. Mr. Pellegrino said it was related to the recently settled Beck case. Mr. Wind asked about improvements to the intersection of Route 413 and the Bypass at the entrance to the shopping center. Mr. Smith said the signal work is completed, and he will report on the road surface problems at the next meeting.
John D’Aprile, a Township resident, asked about the Melsky Tract. Mr. Harp said the Board is discussing acquisition of the tract in executive session. Mr. D’Aprile asked if the Silver Lake Park plan includes all the elements of the original proposal. Mr. Harp said it has been simplified somewhat and reduced in scope.
Ethel Hibbs, a Township resident, expressed concern that the Economic Development Committee has not made sufficient progress, perhaps because attendance at meetings has not been good. Mr. Weaver said the group is making good progress, and attendance has been acceptable given that most members are very busy businesspeople.
Ms. Hibbs also said she is unhappy about plans to have scouts conducting archeological digs at the Clark Nature Center for two weeks.
REPORTS OF OFFICIALS
FIRST FOURTH: Mr. Harp reminded residents that the First Fourth celebration will be held on 7/5/03, and most events will take place at the Newtown Junior High School. He said the schedule will be on Channel 23.
PLANNING COMMISSION VACANCY: Mr. Harp said the Township is still accepting and reviewing resumes from candidates for this vacancy, which the Board would like to fill on 7/9/03.
ANNUAL REPORT: Mr. Harp announced the Township’s Annual Report is completed, and is available on the Township website.
PAUL KESTER’S RETIREMENT: Mr. Harp mentioned that the Board will honor Mr. Kester at the 7/9/03 meeting.
OTHER BOARD MEMBERS: No items for this section.
PLAN EXPIRATIONS: Mr. Pellegrino said there are no expirations needing Board action tonight.
SHUTTLE BUS SERVICE STUDY: Mr. Pellegrino said this matter was tabled at the previous Board meeting to allow time for him to contact Newtown Borough and get their opinion of the proposal. He said he received positive feedback from Borough Council on the proposal.
Mrs. Goren moved to approve a contract for a shuttle bus service study with Ronald DeGraw for an amount not to exceed $14,500. The motion was seconded by Mr. Weaver and passed unanimously.
Mr. Harp commented that funding for the study is coming from the state Department of Community and Economic Development, and it will take about three months for Mr. DeGraw to do the study. He said that the transportation services being considered would complement, not compete with, SEPTA services.
APPROVAL OF PAYMENT #2 TO BUCKS COUNTY COMMUNITY DEVELOPMENT OFFICE - FOR SWAMP ROAD AND WALNUT AVENUE PROJECT: Mr. Pellegrino referred to a 6/4/03 letter from Carroll Engineering recommending release of the second and final payment to Joran Contractors for their work on improvements at this intersection. Mr. Pellegrino said the project was delayed for some time because the contractor went bankrupt. The payment will go to the U.S. Treasury Department because there is an outstanding IRS judgment against the contractor.
Mrs. Goren moved to release payment #2 in the amount of $10,917 for work performed by Joran Contractors on improvements to the Swamp Road and Walnut Avenue intersection. The motion was seconded by Mr. Jirele and passed unanimously.
PRELIMINARY AS FINAL PLAN - DURHAM ROAD ASSOCIATES (DRA) - 416 & 434 DURHAM ROAD - TMP# 29-3-35 & 29-3-36-2: Attorney John VanLuvanee was present to discuss the plan to construct three office buildings on a 13.85 acre site in the PS-2 District. The plan was discussed at a previous Board meeting.
Mr. Harris provided a draft approval letter for the Durham Road Associates plan based on the Board’s previous discussion. He noted that the letter did not describe in detail the process agreed to at the last meeting by which the landscaping plan will be developed. He also noted that there is an open item regarding a fee in lieu of road improvements on the north portion of the site (item C16). Mr. Harris said that Mr. VanLuvanee estimated the fee should be $900, while Pennoni Associates estimated it should be $2,991. Mr. Smith explained that the improvements would involve more work than was originally discussed.
Mr. VanLuvanee said DRA has agreed to make the improvements if DRA acquires the outparcel which divides the north portion from the south. He said he would agree to payment of the $2,991 fee if the Township agrees to reimburse DRA if and when the improvements are made.
Mr. Smith said there will not be enough room for this plan’s deceleration lane if the proposed 413 Office Center to the south is not built. Mr. VanLuvanee said this is not likely, but if it happens, DRA will come back to the Township with an amended final plan.
Mr. Harp suggested that item C in the list of waivers to be granted should refer to condition #12. Mr. Harris agreed, and added that the first sentence of item C should refer to Section 517 and Section 516.2.
Mr. VanLuvanee said that the applicant cannot commit to compliance with some traffic comments in the Pennoni Associates letter (items 21 through 23) because PennDOT will make the final determination on these issues. He agreed that DRA will submit an application to PennDOT that complies with these items. Mr. Harris said that Pennoni Associates’ items 24 and 26 would apply only if the traffic signal is built.
Mr. Goodnoe moved to approve the preliminary plan for Durham Road Associates (DRA) as a final plan in accordance with Mr. Harris’s draft approval letter, with the following exceptions:
· #1 is amended to reflect that DRA’s application to PennDOT will comply with the traffic comments in the Pennoni Associates letter, and that PAI items 24 and 26 will apply only if the traffic light is built.
· Item C under the list of waivers is amended to refer to Section 516.2 as well as Section 517, and to refer to condition #12 instead of condition #11.
· #16 is amended to refer to a fee in lieu of road improvements of $2,991, and to state that If DRA acquires the outparcel the applicant will install the road improvements and the Township will refund the fee.
The motion was seconded by Mr. Weaver.
Discussion of motion: Nancy Crescenzo asked what the right-of-way is along Route 413 at this point. Mr. Goodnoe said it is 120’.
John D’Aprile asked if Newtown Grant residents will have input on the landscaping plan. Mr. Harris said the Township will not sign the mylars until the plan is satisfactory to all parties.
Brandon Wind asked about signage along Route 413. Mr. Harris said the ordinance entitles DRA to one freestanding sign, and DRA has not requested any signage waivers.
Mr. Goodnoe’s motion passed 4-1, with Mr. Jirele voting “nay”.
ZONING HEARING BOARD APPLICATIONS - 7/3/03: Mr. Harris reviewed the applications scheduled for the 7/3/03 Zoning Hearing Board meeting, and noted that the Planning Commission recommended opposition to Friends Village’s application for relief from parking requirements. Supervisors indicated that they do not wish to take a position on any of the applications.
NEWTOWN FIRE COMPANY - STATION 55 EXPANSION: Mr. Harris said the Board previously approved a conditional use and land development plan for a 2,400 SF addition to Station 55. The mylars have been approved by the Township Engineer, and the Fire Company has provided the necessary documents. Mr. Harp invited Warren Dallas to return to the podium for this item.
Mrs. Goren moved to sign the mylars and the financial and security agreements for the final plan for the Fire Company Station 55 expansion. The motion was seconded by Mr. Jirele.
Discussion of motion: Mr. Smith said the stormwater management plan has been revised since the Board reviewed the plan, to deal with a 16” water main and easement recently discovered under the basin. He said Pennoni Associates has approved the revised plan, which is dated 6/23/03.
Mrs. Goren and Mr. Jirele amended their motion to refer to the final plan as amended on 6/23/03. The motion passed unanimously.
Mr. Dallas explained that the addition was necessary because of the rapid growth of the Township. He said the addition will include an extra bay for additional apparatus, expand the Emergency Services office area, provide a day room and kitchen area, provide showers, lockers and an exercise room, add storage space and accommodate a larger generator.
Mr. Dallas said the water main issue surprised the Fire Company, and will add $10,000 to $20,000 to the cost of the project. Mr. Harp suggested that this issue be placed on an upcoming work session agenda.
CURRENT PROJECTS: Mr. Smith said he had no action items for the Board, but he commented briefly on the following projects:
· Work on the traffic signal at the shopping center entrance is complete.
· The traffic signal at Route 413 and North Drive should be in full operation by August.
· The overlay and striping at the Wiltshire Walk intersection is complete.
· Orleans will be making repairs to Upper Silver Lake Road.
REVIEW OF REVISED STOOPVILLE ROAD IMPROVEMENT PLAN: Michael Palmer of Toll Brothers and attorney Edward Murphy were present to discuss a revised plan for improvements to Stoopville Road. At a previous meeting the applicant was asked by the Board to return with a revised plan showing an 80’ right-of-way on Stoopville Road, measured from the south side of the existing roadway. Mr. Murphy displayed a sketch of the road with a 40’ right-of-way, and one with an 80’ right-of-way. He noted that a smaller area of land will be returned to the south side property owners if an 80’ right-of-way is approved. The roadway is the same on both plans, with 11’ lanes and 4’ shoulders. Mr. Murphy said that in two places this section of Stoopville Road currently has a 57’ right-of-way.
Mrs. Goren moved to keep a 40’ right-of-way on Stoopville Road. The motion was seconded by Mr. Harp.
Discussion of motion: Mr. Jirele said this is an emotional issue, but he wants to stay consistent with the ordinance and with other developments along the road unless there is a specific reason to make it different.
Mrs. Goren said a larger right-of-way resulted in faster traffic on Eagle Road. She said the only reason to have an 80’ right-of-way is to build a four-lane highway; limiting the right-of-way will help to prevent such a highway.
Mr. Jirele said no one ever brought up these concerns before about the ordinance requiring an 80’ right-of-way; if there is something wrong with this requirement, the Board should consider amending the ordinance. He said the Board has consistently opposed a “northern bypass”. The larger right-of-way will not allow a four-lane highway, and the smaller right-of-way will not stop PennDOT from acquiring the necessary land if it decides to build a highway there. Mr. Jirele said that a bypass-type road would require a right-of-way much greater than 80’. He also said that the purpose of the 80’ right-of-way is to allow room for utility equipment, stormwater facilities, sidewalks, bike paths, and other improvements; a 40’ right-of-way provides only five feet on either side of the road for these uses.
Mrs. Goren said she would consider a 50’ right-of-way, which would provide ten feet for improvements, but she feels 80’ is excessive.
Richard Tonge, a resident of Newtown Grant, presented a resolution of the Homeowners Association of Newtown Grant which asks the Board of Supervisors to reconsider their earlier decision to require an 80’ right-of-way on Stoopville Road along the McLaughlin Tract instead of the 40’ right-of-way previously planned.
Walter Iwaskiw, a Township resident, said changing the right-of-way back to 40’ will negatively impact property owners on the south side of Stoopville, and eventually will cost taxpayers money.
Mike Iapalucci, a Township resident, asked Mrs. Goren why she is advocating a 40’ right-of-way. Mrs. Goren responded that she feels 40’ is adequate, although she is willing to consider 50’.
Steve Lannom, a resident of Newtown Grant, asked the Board to require a 40’ right-of-way to demonstrate their opposition to the northern bypass concept.
Ed Tate, a resident of Eagleton Farms, said the ordinance allows the Board discretion in setting the right-of-way.
Mr. Jirele said limiting the right-of-way is not an effective way to fight the idea of a northern bypass, as the State can acquire a larger right-of-way later. He proposed that the Board issue a public statement opposing the northern bypass. Mrs. Goren said a future Board can reverse that statement.
Michael Shapiro, a resident of Newtown Grant, urged the Board to require a 40’ right-of-way.
Bob Gaynor, a Township resident, also asked the Board to require a 40’ right-of-way.
Nancy Crescenzo asked the Board not to make decisions based on fear. She said Stoopville Road is dangerous now, and Eagle Road is safer since it was widened. She questioned why Mrs. Goren was objecting to the ordinance standard now.
John D’Aprile said Stoopville Road is dangerous and should be widened for safety reasons. He said he is a resident of Newtown Grant, but he does not agree with many of his neighbors who have spoken tonight.
Andrea Haines, a resident of Newtown Grant, said Stoopville Road should not be widened because there is too much traffic now.
Dimitri Soprides, a resident of Stoopville Road, said the truck traffic on Stoopville Road increased when the road was widened a few years ago.
Karen D’Aprile, a Township resident, said truck traffic cannot be stopped by limiting the right-of-way.
Ron Seagraves, a resident of Dolington Estates in Lower Makefield, asked the Board to stay with the 40’ right-of-way.
Leo Fitzpatrick, a resident of Stoopville Road, said safety concerns should come first. He said the double yellow line on Stoopville Road was a good idea, and he also recommended lowering speed limits. He said the only good reason for the larger right-of-way would be to install a bike path.
Sue Herman, a resident of Lower Makefield and president of Residents for Regional Traffic Solutions, said requiring a 40’ right-of-way will prevent future Boards from widening Stoopville Road. She said that the present Board tried to change the road to 12’ lanes a few years ago. She recommended pursuing traffic calming measures.
Ann Fitzpatrick, a resident of Stoopville Road, asked the Board not to widen the road because she fears the traffic will go faster.
Mrs. Goren’s motion failed 2-3, with Mr. Goodnoe, Mr. Jirele and Mr. Weaver voting “nay”.
Mr. Harp asked the Board if they would consider a compromise between 40’ and 80’. Mr. Jirele said the Board should not pick numbers out of the air. He said that regardless of the right-of-way, the cartway will stay the same. The road will have 11’ lanes and 4’ shoulders. Traffic, trucks and speeding will not be affected by the right-of-way.
Mr. Jirele moved to adopt a resolution stating the Board’s opposition to a northern bypass. The motion was seconded by Mrs. Goren.
Discussion of motion: Mrs. Goren asked if this resolution will prevent future Boards from supporting a northern bypass. Mr. Goodnoe suggested taking the position that Stoopville Road should remain one lane in each direction.
Mr. Jirele and Mrs. Goren agreed to amend their motion to include a statement that Stoopville Road should remain one lane in each direction.
A resident asked Mr. Weaver to explain his position on the right-of-way. Mr. Weaver said he supports the ordinance, and feels that limiting the right-of-way will not prevent a northern bypass or affect truck traffic.
Mr. Jirele’s motion passed unanimously.
Mr. Harris said that rejecting a 40’ right-of-way does not automatically approve an 80’ right-of-way, and a motion is needed to do so. Mr. Murphy commented that the ordinance requirement is 80’ measured from the center line, but the Board previously asked that it be measured from the south side of the roadway.
Mr. Goodnoe moved to accept the revised plan for the improvements to Stoopville Road, with a right-of-way of 80’ in accordance with the ordinance, but measured from the south side of the road instead of the center line. The motion was seconded by Mr. Jirele.
Discussion of motion: Mrs. Goren suggested a 50’ right-of-way. Mr. Jirele said that a sidewalk or bike path would need to be further from the road than what 50’ would allow.
Mr. Goodnoe’s motion passed 3-2, with Mrs. Goren and Mr. Harp voting “nay”.
FINAL PLAN - HOFFA TRACT - 90 EAGLE ROAD - TMP # 29-3-28, 29-3-28-3, 29-4-42 & 29-4-44: Michael Palmer of Toll Brothers and attorney Edward Murphy were present to discuss the proposed plan to build a PRD residential development with 40 single family homes on a 27.9394 acre parcel in the R-1 District.
Mr. Murphy said the applicant has complied with two minor issues that came out of previous discussion of the plan: streetlights have been added in accordance with tentative plan approval, and the Norway maples have been replaced with other types of maples. The two issues that remain to be settled are the route of the trail and the location of the pedestrian crossing on Eagle Road.
Regarding the pedestrian crossing, Mr. Murphy said sight distance information indicates that the only safe location would be at Alyssa Drive, as required in the tentative approval. Mr. Smith agreed this is the safest place. Mr. Murphy said PennDOT has stated they will not approve a pedestrian-activated flashing light, and the Board opposed a continuously flashing light, so the crossing would be marked by striping and signage.
Regarding the route of the trail, Mr. Murphy said the tentative approval requires the applicant to build the trail down the west side of Eagle Road, crossing at Alyssa Drive, and continuing down the east side right-of-way of Eagle Road to connect with the Cliveden trail. A small amount of right-of-way would need to be acquired. Mr. Murphy said that Cliveden residents have recently expressed concerns about this route. There was an extensive discussion at the 6/3/03 Planning Commission meeting, but the Commission could not identify a better route. Mr. Murphy said that there is insufficient right-of-way for the trail all the way down the west side of Eagle Road, as well as a creek bed and a grade difference.
Mr. Jirele noted that the 6/2/03 Cliveden Homeowners Association letter suggests that, if the trail must be on the east side, it be routed over existing sidewalks in Cliveden, away from Eagle Road. He said that the Planning Commission was concerned that this route would be so inconvenient that pedestrians would choose to walk in the road instead.
Mr. Goodnoe said he would prefer to see the trail go along Eagle Road, but he is concerned that it would have to be very close to the road in places. He said the best route seems to be through Cliveden, as described in the letter. There was general agreement with this conclusion.
Mr. Murphy said that if the route is to go through Cliveden on existing sidewalks, the applicant is willing to remove approximately 325’ of riprap on the east side of Eagle Road and replace it with piping approved by the Township Engineer, as requested by Mr. Pellegrino.
Mr. Jirele asked if the pedestrian crossing will be north or south of Alyssa Drive. Mr. Murphy said the south side is shown on the plan. Mr. Murphy also said there is a section of trail going north from the Alyssa Drive intersection on the east side of Eagle Road which should be removed, because it might encourage people to cross Eagle Road at an unsafe place.
Mr. Goodnoe moved to approve the final plan for the Hoffa Tract, subject to the following conditions:
· Compliance with the 5/27/03 Pennoni Associates letter, the 5/13/03 Boucher & James letter, the 5/6/03 Bucks County Planning Commission letter and the undated Planning Commission letter concerning their recommendation for approval
· Compliance with all conditions of the tentative plan approval
· The applicant will build a five-foot macadam trail from the Elliott property on the west side of Eagle Road down to the south side of Alyssa Drive, where the trail will cross Eagle Road and continue on the sidewalks within the Cliveden development to connect with the existing trail that goes to Route 413
· Any portion of trail to the north of Ashford Way that is in the right-of-way of the east side of Eagle Road shall be removed by the applicant
· The Township will acquire the necessary easement from PECO for the trail
· The pedestrian crossing will be marked with striping and signs
· The 325’ of exposed riprap on the east side of Eagle Road will be removed by the applicant and replaced with a storm sewer as approved by the Township Engineer. If the cost of the replacement is less than the cost of installing the trail that would otherwise be required, the applicant will donate the difference to the Township.
Discussion of motion: Mr. Jirele asked if there will be sidewalks on both sides of the section of Alyssa Drive closest to Eagle Road; Mr. Palmer said there will be.
Shirley Milnor, a property owner on the west side of Eagle Road, said she is concerned about the plan to remove the riprap. Mr. Smith assured her that stormwater management on Eagle Road will be improved by these plans.
Walter Iwaskiw thanked Mr. Pellegrino for visiting the site in person, and thanked the Board for requiring the removal of the riprap.
Nancy Crescenzo asked about the right-of-way on Eagle Road. Mr. Pellegrino said it is 80’. Ms. Crescenzo said there is sometimes a problem with ice on Eagle Road in front of the Milnor property. Mr. Palmer said Toll Brothers will look into this.
Mr. Goodnoe’s motion passed unanimously.
NEW BUSINESS: None.
COMMUNITY COMMENTS (PART TWO)
Nancy Crescenzo said the Board should discuss the Ad Hoc Community Center Committee’s report. Mr. Harp said the Committee’s work was focused on using the Acme site; the report is one of several tools the Board will be using to look into the possibility of a community center. Ms. Crescenzo asked for clarification of several items on the bills list, including telephone service, equipment for Township vehicles, legal services and a trailer.
Phil Calabro, a Township resident, asked if a traffic light will be installed on Stoopville Road at Eagle Road. Mr. Smith said a light there would probably not meet warrant. Mr. Jirele commented that PennDOT has turned down the Township’s requests for a light at Eagle Road, just as they have turned down attempts to lower the speed limit. Mr. Calabro suggested that a greater police presence would be helpful; Mr. Jirele suggested the use of the electronic speed board. Mr. Harp said this issue can be placed on a work session agenda for further discussion.
Nancy Crescenzo asked about another item on the bills list, a shed for storage of sports equipment.
ADJOURNMENT: With no objections the meeting was adjourned at 12:05 AM. The Board then met in executive session for matters of litigation and land acquisition.
Gretta Stone, Recording Secretary
Minutes Approved as submitted _______ as corrected _______
Scott R. Harp, Chairman
Anne Goren, Vice Chairman/Assistant Treasurer
Richard Weaver, Treasurer/Secretary
Thomas Jirele, Member
Raymond Goodnoe, Member