Board of Supervisors
Minutes of February 12, 2007
Members Present: Anne Goren, Chairman; Philip Calabro, Vice Chairman; Jerry Schenkman, Secretary/Treasurer; Richard Weaver, Member; Paul Beckert, Solicitor; Robert M. Pellegrino, Township Manager. Not present was Tom Jirele, Member.Also Present: Ed Murphy, McBride & Murphy; Gene Lorenzetti; Walt Leck; Tina Leck; Robert Milligan, Recycle Bank; Don Marshall, Esq.; John A. VanLuvanee, Esq.; Mary Ellen Saylor; Theresa Katalinas, Bucks County Courier Times; Various Newtown residents including Ethel Hibbs, Nancy Crescenzo, Jay Sensibaugh, Tom Erico, Mike Beuhe, Harvey Goldberger and James Bowe.
Call to Order: Chairman Goren called the meeting to order at 8:04 P.M.
Gene Lorenzetti – Sketch Plan – Durham & Eagle Road
Mr. Murphy updated the Board of Supervisors with regards to Gene Lorenzetti’s sketch plan for the property located at Durham & Eagle Road. He advised that the current proposal is a concept plan for townhomes. He advised that the entrance to the development would be located off of Eagle Road and that there would be two (2) emergency access points. He advised that the Township Planner favored having the front of the units’ face Route 413 (Durham Road). He advised that the current plan shows two (2) pocket parks. He advised that the site is currently zoned R1. He advised that the type of layout is a T & D. He advised that to develop the plan currently being proposed, relief would be required. He requested that the Board of Supervisors provide him with direction on how they would like him to proceed.
Ms. Goren questioned the total site area. Mr. Murphy advised that if the Goldberger/Kelly property is included the site is a little over twelve (12) acres.
Ms. Goren questioned the total number of units being proposed. Mr. Murphy advised that the current plan proposes forty (40) units and that the density is 3.3.
Mr. Schenkman questioned if the development would be age restricted. Mr. Murphy advised that had not been decided.
Mr. Murphy advised the Supervisors with regards to Cliveden’s standpoints. He commented that they were interested in access points to the development, traffic safety, pedestrian safety and lighting.
Mr. Bowe advised the Supervisors that Tyler Walk also had the same interest as the Cliveden development.
Mr. Murphy advised the Supervisors with regards to the buffering of the property.
Ms. Goren questioned how the density compares to the Cliveden development. Mr. Murphy and Mr. Marshall advised the Supervisors with regards to the density.
Mr. Calabro commented with regards to the homes facing Durham Road (Route 413), he questioned how far back from the road the homes would be. Mr. Murphy advised that the homes would be approximately 70 – 80 feet from the road.
Mr. Schenkman commented with regards to possible other ideas considered. He advised that he feels the site is too dense and that there are too many homes for the site. Mr. Murphy advised the Supervisors with regards to possible alternatives considered for the site.
Mr. Calabro questioned if there were any discussions with regards to the site being developed for single family homes. Mr. Murphy advised that single family homes were considered, but not really focused on.
Mr. Schenkman questioned what other non-residential/non-commercial uses are available under R1.
Mr. Pellegrino questioned if the roads would be private. Mr. Murphy advised that the roads would be private.
Ms. Crescenzo commented on Mr. Schenkman’s question with regards to other ideas considered for the site. Mr. Lorenzetti advised that prior to this, the site was considered for commercial development. He advised on his thoughts with regards to the current plan being proposed.
Ms. Crescenzo commented with regards to the density being too much. She discussed taxes and the effects to the School District. She suggested that the site be developed as age restricted or to cut down on the density. She commented on the Board of Supervisors needing to think responsibly.
Mr. Sensibaugh commented on the need to review the density and the effects to the School District.
Mr. Beckert questioned the number of bedrooms in each unit. Mr. Murphy advised that the units would contain three (3) bedrooms.
Mr. Pellegrino questioned if an age qualifying development would be considered. Mr. Murphy advised that an age qualifying development would be considered.
Mr. Calabro suggested retirement rental apartments. Mr. Murphy advised that from his experience the site is not dense enough and that he feels that the idea is unrealistic.
The Supervisors discussed the definition of age restricted, which means that at least one (1) resident must be fifty-five (55) years of age and no residents under the age of nineteen (19).
Mr. Weaver questioned what the units would sell for. Mr. Lorenzetti advised that the asking price would be approximately $600,000.00.
Mr. Murphy questioned if the Supervisors principal focus is not to effect the School District. Ms. Goren advised that she believed so. Mr. Schenkman advised that he also has concerns with regards to traffic in the area.
Mr. Murphy questioned if the Supervisors have a preference with regards to the orientation of the units along Route 413. Mr. Schenkman advised that he would like to see a sketch plan both ways before commenting. Ms. Goren advised that she understands where Judy Goldstein’s recommendation is coming from. Mr. Weaver advised that he would prefer to look at the front of the house from the street.
Mr. Calabro commented with regards to the entrance located off of Route 413. Mr. Murphy advised that entrance is only for emergency access.
Mr. Goren questioned who this plan has been show to. Mr. Murphy advised that the current plan has only been show to Fran Pool, Cliveden HOA, James Bowe, Tyler Walk HOA and Judy Goldstein, Township Planner. James Bowe advised that no one from the Overlook HOA attended the meeting.
James Bowe advised on his concerns with regards to Mr. Lorenzetti’s first proposal for rezoning the property from R1 to a commercial zone. He updated the Supervisors on the views from the Planning Commission and as a HOA member.
Mr. Lorenzetti advised the Supervisors on comments made by Mr. Fran Pool.
Mr. Murphy commented with regards to the Supervisors looking towards age qualifying residential. Ms. Goren advised that she believes that the Supervisors are looking for an age qualifying residential development.Presentation by Walt Leck on New Trash Collection Methods
Mr. Leck updated the Supervisors with regards to the proposed recycling program. He commented with regards to grant money available to the Township. He advised that he would be offering this service for Wrightstown, Upper Makefield, Newtown and Newtown Borough. He introduced Mr. Bob Milligan, Recycle Bank and Ms. Tina Leck, Leck Marketing Department.
The Supervisors were provided a pamphlet from Recycle Bank for their review.
Mr. Milligan made a power point presentation before the Supervisors. He advised the Supervisors with regards to Recycle Bank, he gave a history of the company and his background. He advised on the recycle carts and that the trucks have scales built in to weight the recycle carts. He advised that it would be a single stream process with no need to separate. He advised that Recycle Bank is currently operating in Wilmington, Delaware and Philadelphia, Pennsylvania. He discussed Recycle Bank’s rewards program for recycling and the businesses involved. He advised on the reports that are available, the awards won by Recycle Bank and educating the children with regards to recycling.
Mr. Leck advised the Supervisors with regards on the ability to pick up more recyclables. He discussed the need to educate the children.
Mr. Beckert questioned when Leck expects to start the new program. Ms. Leck advised that the launch date is scheduled for late March/early April.
Ms. Leck advised the Supervisors with regards to what items can be recycled under the new program and that twenty-two (22) local businesses have signed on to participate in the rewards program.
Mr. Schenkman commented with regards to consumer education. Ms. Leck advised on the education of the public with regards to what products can be recycled.
Mr. Pellegrino questioned is there are any promotional videos available. Mr. Milligan advised that there are videos available and that one would be provided to the Township.
Mr. Calabro commented with regards to apartments and condos recycling. Ms. Leck advised the Supervisors with regards to the participation from apartments and condos. She discussed the current conditions available to apartments and condos.
Mr. Calabro commented with regards to past stories of people recycling and it not doing any good, he discussed the need to educate the public on the effects of recycling. Mr. Milligan discussed educating and communication with the public. He also discussed recycling with regards to the initial start up program in Pennsylvania and today’s changes.
Mr. Leck advised the Supervisors on today’s uses for plastic and that there is an interest from the George School for a field trip to see how recycling works. He also advised that he is bringing this new recycling program to the community because he cares about the environment and that the new program will cost him more money but he feels it’s the right thing to do.
Mr. Schenkman suggested having a smaller unit to hold recyclables in the kitchen. Mr. Leck suggested purchasing something from a home store.
Mr. Schenkman questioned if the Leck’s have an exclusive license with Recycle Bank. Mr. Leck advised yes, he does have an exclusive license with Recycle Bank.
Ms. Hibbs commented with regards to people who want to receive rewards but do not have Internet access. Ms. Leck advised that Internet access is not necessary to redeem rewards. Mr. Milligan advised that you can access the rewards program via the telephone.
Ms. Crescenzo requested extra copies of Recycle Bank’s pamphlet be provided to the EAC.
Mr. Milligan thanked the Supervisors for their time.
The Supervisors thanked Mr. Milligan for his presentation.
Mr. Leck thanked the Board of Supervisors for their time.
Presentation by Newtown Center Associates 2 – Regarding Variance Request
Mr. VanLuvanee updated the Supervisors with regards to the Variance request made by Newtown Center Associates 2. The Supervisors were provided a copy of the proposed plans. Mr. VanLuvanee advised that the Variance request would reduce the number of loading births from four (4) to three (3). He updated the Supervisors on the meeting before the Zoning Hearing Board. He advised on the approved Conditional Use for Petsmart. He advised on discussions with the Planning Commission at last week’s meeting. He advised that further discussion is scheduled for the Tuesday, February 13, 2007 before the Zoning Hearing Board.
Ms. Goren discussed the Conditional Use approval for Petsmart and that the remaining square footage would be for one (1) use only.
Mr. Calabro questioned how long the tractor-trailer would stay parked. Mr. VanLuvanee advised on what information he could offer.
Mr. Schenkman questioned the software used with regards to the turning radius of the tractor-trailer. Ms. Saylor advised with regards to the software being used.
Mr. Schenkman commented with regards to the area located behind the Farmers Market. Ms. Saylor advised that area was taken through the drive simulator.
Mr. Beckert commented with regards to Petsmart and their two (2) deliveries per week, he questioned if Petsmart would consider modifying their Conditional Use.
Mr. Calabro commented with regards to the loading area for panel trucks and having multiple trucks in the loading area. Ms. Saylor advised with regards to several scenarios.
Ms. Crescenzo commented with regards to parking and the rear entrance of the Farmers Market and advised that she has concerns with the trailer sitting behind the Highschool, the turning radius of the tractor-trailer and traffic being blocked. She commented on the distance to the stop sign at Silo Drive.
The Supervisors discussed the possible need for some curb cuts.
The Supervisors advised that tonight’s discussions are with regards to the four (4) loading births.
Ms. Crescenzo questioned why the Supervisors are giving Variances at a Work Session. The Supervisors advised that the are not giving any Variances, they are just having discussions.
Mr. Beckert discussed the Planning Commissions’ report at the last Board of Supervisors meeting. He advised that it was announced that the Board of Supervisors would discuss the matter in detail to determine if they want to change the direction/conditions placed on the approval of the grant of the Variance. He advised that at the last meeting the Board of Supervisors advised that they did not oppose the Variance, but the condition was that only one (1) other retail user would be allowed. He advised that the question tonight is, does the Board of Supervisors want to modify that direction before tomorrow night’s Zoning Hearing Board meeting.
Mr. Calabro commented with regards to the tractor-trailer entering/existing the complex and possible sight problems. Ms. Saylor advised the Supervisors that she would bring plans showing those scenario to Tuesday night’s meeting before the Zoning Hearing Board. Mr. VanLuvanee advised that the Traffic Engineers had reviewed those issues in the past.
Mr. Calabro suggested that with regards to traffic, the Township could limit the delivery hours.
Mr. Schenkman questioned if this matter was in continuation for the Zoning Hearing Board. Mr. VanLuvanee advised that it was.
Mr. Schenkman suggested that the Supervisors leave this matter alone and let the Zoning Hearing Board decide.
Mr. Weaver agreed with Mr. Schenkman’s suggestion to let the Zoning Hearing Board decide this matter.
Mr. Calabro agreed with Mr. Schenkman’s suggestion to let the Zoning Hearing Board decide this matter.
Mr. Beckert advised that he would let the Zoning Hearing Board know the Board of Supervisors position on the matter.
Mr. VanLuvanee thanked the Board of Supervisors for their time.JMZO Ordinance No. 2006-04 Livestock & Poultry
Mr. Beckert updated the Supervisors with regards to the JMZO Ordinance No. 2006-04, Livestock & Poultry.
The Supervisors discussed the Ordinance.
Mr. Schenkman made a motion to authorize the advertisement of the JMZO Ordinance No. 2006-04, Livestock & Poultry. The motion was seconded by Mr. Weaver and passed unanimously (4-0).JMZO Ordinance No. 2006-08 Lighting Mr. Beckert updated the Supervisors with regards to the JMZO Ordinance No. 2006-08, Lighting. He advised on the SALDO Ordinance and the thoughts of the Planning Commission. He advised on his discussions with the Solicitor for the Jointure.
The Supervisors discussed the proposed Ordinance.
Mr. Schenkman questioned the differences between the Township’s current Ordinance and the proposed Ordinance. Mr. Beckert advised on the differences and discussed the Township’s Lighting Consultant.
Mr. Calabro discussed the Township’s lighting needs. Mr. Beckert advised that the current Ordinance helps the Board of Supervisors cater to the residents concerns.
Mr. Schenkman advised that he likes how the Township is currently handling the matter of lighting.
Mr. Beckert discussed past issues that the Township has had with regards to lighting.
The Supervisors advised that they agreed with the thoughts of the Planning Commission.
JMZO Ordinance No. 2006-06 Winery
Mr. Beckert updated the Board of Supervisors with regards to the JMZO Ordinance No. 2006-06, Winery. He advised on the recommendations made by the Planning Commission.
The Supervisors discussed the matter and agreed to leave the Ordinance at a minimum of ten (10) acres.Community Comments
Ms. Hibbs updated the Supervisors with regards to the homes located along Durham Road, she advised on correspondence that HARB had written to the Planning Commission in 2001 advising that at least two (2) of those homes are Sears Roebuck. She commented with regards to the Joint Historic Commission and the homes on the list, and possible salvage materials from the homes. She also discussed Mr. Kitchen’s home being hand built. Mr. Beckert advised that he would mention those homes to Mr. Solomon and Mr. Murphy.
Without objection, the meeting was adjourned at 9:58 P.M.