NEWTOWN TOWNSHIP PLANNING COMMISSION

100 MUNICIPAL DRIVE, NEWTOWN, BUCKS COUNTY, PA 18940

Internet: http://www.twp.newtown.pa.us

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Minutes of the meeting held on June 19, 2007

Present: Jay Sensibaugh, Vice-Chairman, Jim Bowe, Peggy Driscoll, Allen Fidler, Dennis Fisher, Vincent Lombardi and Shannon Wilson, members.; Frank Mendicino and Shawn Ward were absent. Also in attendance were: Jerry Schenkman, Supervisor, Paul Beckert, Solicitor; Thomas Wilkes, Township Engineer; Judith Stern Goldstein, Township Planner, Matthew Johnson, Traffic Engineer and Michael Solomon, Code Enforcement Officer.

Call to Order: Vice-Chairman Sensibaugh called the meeting to order at 8:00PM

Approval of Minutes: Mr. Lombardi moved to accept the minutes of June 5, 2007. Mr. Fidler seconded and the motion passed 6-0-1, with Mr. Sensibaugh abstaining.

Land Development

Lang Ski and Scuba, 107-109 N. Sycamore Street – Preliminary as Final Plan: Attorney Ed Murphy, Engineer Heath Dumack and applicant Robert Lang were in attendance to review the plans to convert 2,830 square feet of residential space into retail space. The existing building at the north side of the site is to remain residential. The applicant proposes to construct a 23-space parking lot, a portion of which will be in the flood fringe, for which conditional use approval will be needed.

Mr. Murphy indicated that the applicant will comply with all review letters. A conditional use application for the parking has been submitted, to be reviewed at this meeting. In response to Mr. Fidler’s question, Mr. Murphy said that all questions raised by the lighting consultant and EMS have been addressed.

Mr. Dumack showed the turning template for large vehicles, such as fire trucks. He pointed out the nearest fire hydrant at the front of the property.

Mr. Wilkes said that there are no problems with any of the waivers requested.

In response to Mr. Sensibaugh’s question, Mr. Murphy said that the separation between buildings is a pre-existing non-conformity.

Mr. Lombardi moved to recommend that the Board of Supervisors grant preliminary as final plan approval to Lang Ski and Scuba, 107-109 N. Sycamore Street, subject to the following conditions:

  1. The preliminary/final plan is approved subject to compliance with the review letters as follows:
    1. Compliance with the review letters of Boucher & James of May 1, 2007
    2. Remington, Vernick and Beach of 4/16/07
    3. Pennoni of 4/30/07
    4. Bucks County Planning Commission of 1/16/07
    5. Suburban Lighting Consultant of 2/15/07
    6. Newtown Emergency Management Services of 1/24/07
  2. Approval is subject to the conditional use approval as to use granted October 16, 2006.
  3. Approval is subject to grant of conditional use approval granting relief to permit parking within the flood fringe area.
  4. Execution of appropriate financial security agreements.
  5. Securing of all required permits.
  6. Securing of water and sewer service agreements or letters that say they are not required.
  7. Payment of a Traffic Impact Fee of $13,368.84.
  8. Payment of a fee in lieu of Park & Recreation dedication in the amount of $19,368.00.
  9. An adequate letter from the Bucks County Conservation District.
  10. Execution of Unilateral Declaration of Restriction and Covenant.
  11. Screening of all dumpsters in accordance with SALDO Section 534.10.
  12. Compliance with all requirements of the Township Lighting Consultant with the provision that no glare shall extend onto adjoining properties.
  13. Execution of the Storm Water Management Agreement with the Township.
  14. Payment of all review fees.

The following waivers are granted:

    • 402.3(b) and (c) relating to property information.
    • 514.9 allowing parking closer than 20 feet
    • 516 to not require the installation of curbs on access drives and parking areas.
    • 402.1.a, as to scale of plan..
    • As to 530 to not require street trees as to 531.1 to not require a buffer between two different land uses and parking areas.
    • From 521 not to require the installation of drainage systems along access drives and parking areas.

Mr. Fidler seconded.

Discussion of motion: In response to Mr. Bowe’s question, Mr. Dumack said that there has not yet been a response to lighting information submitted to the lighting consultant in April. The applicant will comply with any lighting requirements of the consultant.

The motion passed 7-0.

Note: Because of the length of the agenda, and the overlapping of representation of applicants, Conditional Use applications and Zoning Hearing Board applications were taken out of order, but appear grouped together in the minutes.

Conditional Use Applications

Lang Ski and Scuba, 107-109 N. Sycamore Street: Mr. Murphy reviewed the application for conditional use to permit parking within the flood fringe area. This applicant had been granted conditional use approval on October 16, 2006 for an E-1 retail use at this location.

Mr. Wilkes indicated that Remington and Vernick has reviewed the application and has found no problems with the request.

Mr. Lombardi moved to recommend that the Board of Supervisors grant conditional use approval to Lang Ski and Scuba for parking in the flood fringe at 107-109 N. Sycamore Street, subject to the following conditions:

  1. That parking be permitted within the flood fringe area.
  2. That the applicant shall submit a true and correct copy of the deed.
  3. That pursuant to Article VI, Section 603.E.3, the flood plain area is greater than 20% of the base site area; that impervious surfaces within the flood plain area do not exceed 50% of the flood area.
  4. That the information required under Article IX, Exhibit B, Procedure 1 through 5 shall be submitted and verified by the Township Engineer.
  5. That notice be provided to all tenants that some of the parking is within the flood fringe area.
  6. That all review fees be paid.

Mr. Bowe seconded and the motion passed 7-0.

Newtown Veterinary Hospital, 107 Penns Trail: Attorney T.J. Walsh, Dr. Timothy Ireland and Trisha McLaughlin were in attendance to review this application for an E-20 Veterinary Clinic conditional use for a site located at 107 Penns Trail, a 10,000 square foot space. Mr. Walsh said that the applicant was granted variances by the Zoning Hearing Board to provide 50 parking spaces, of which 2 are ADA compliant and 15 are 9 feet by 18 feet. The smaller parking stalls are to be for employee use. A variance was granted for the location, which is not an arterial roadway.

Dr. Ireland said that a handicapped ramp will be installed but no other changes would be made to the exterior. In reviewing the Boucher and James letter of May 24, 2007, Dr. Ireland said that there would be no boarding of animals. Only animals being treated medically would be kept overnight. Animals are walked on a leash, or if an animal needed to be evaluated, there might be a fenced area for the animal to run; otherwise the animals, mostly cats and dogs, are kept inside. Medical waste is picked up, and there are no biohazards associated with his practice.

In response to Mr. Fidler’s questions, Dr. Ireland said that there is a delivery by a large truck once a week. This truck would pull up to the loading berth. His engineer would run a computer program demonstrating that the large truck could maneuver into and out of the parking area, and this would be presented to the Board of Supervisors. The trash dumpster is currently located at the second loading berth, which would not be needed.

Mr. Fidler moved to recommend that the Board of Supervisors grant approval for an E-20 veterinary clinic use to Newtown Veterinary Hospital, 107 Penns Trail, subject to the following conditions:

  1. That the use approved is E-20 Veterinary or Clinic use covering a building of 10,000 square feet within the existing building on site.
  2. The use shall not include an accessory kennel or outdoor boarding area for dogs, animals shall be kenneled only as related to medical needs of the patient animals.
  3. The maximum number of employees is 30. The maximum number of employees at one time is 16.
  4. The hours of operation are Monday through Friday, 8:00a.m. to 8:00 p.m., Saturday, 8:00 a.m. to 4:00 p.m., Closed on Sunday.
  5. No hazardous, flammable or explosive materials shall be stored or used in the building; medical waste shall be removed using accepted procedures within the profession.
  6. Delivery shall be by UPS size vehicles with the exception that one time a week a larger truck shall be permitted however no tractor trailer delivery shall be permitted.
  7. No noxious or hazardous impact shall be generated on site.
  8. Parking shall comply with the variance granted by the Newtown Township Zoning Hearing Board.
  9. The Commission finds that the requirements of Section 1301 of the JMZO have been met and the use is appropriate on such a site.
  10. No additional impervious cover shall be permitted.
  11. All signage shall comply with all applicable sign ordinances and the applicant shall be required to secure all permits for signs.
  12. All dumpsters including provision for clinic waste shall comply with all codes, shall be appropriately screened and shall not be within any areas designated for parking.
  13. No offensive odors or glare shall be generated on site and no glare shall extend beyond the premises.
  14. The applicant shall provide a lease for the subject premises and a condition of conditional use approval.
  15. All legal, engineering, administrative and other review fees due Newtown Township as a result of conditional use review shall be paid in full to the Township.

Mr. Fisher seconded and the motion passed 7-0.

Piccolo Trattoria, 32 and 34 West Road: Joseph A. Halsey and owner Fami Piccolo were in attendance to review this application for conditional use for an E-5 and E-6 eating place. The plan pertains to the expansion of the previously existing Piccolo Trattoria restaurant into the two neighboring plaza units. The restaurant currently seats 70; the expansion will allow 145 seats. No alcohol is sold; however patrons bring their own bottles.

Mr. Beckert noted that, because the restaurant has a large take-out business, approval for use E-6, eating place, is needed. He also explained that approval might be needed if additional signage is planned.

The Commission members discussed the dumpsters at the shopping center. Piccolo Trattoria’s dumpster is located in a parking spot at the rear of the restaurant and is not screened.

Mr. Piccolo said that only employees use the rear parking spaces, and during the day, high school students park there. His busiest time is in the evening, when the other businesses in the shopping center are closed. There is always adequate parking.

Mr. Lombardi said that the problem is not this applicant’s. The owner of the shopping center has not provided screened dumpster areas for any of the businesses in the center.

Mr. Solomon agreed to visit the shopping center to evaluate the dumpsters for all of the businesses.

Mr. Lombardi moved to recommend that the Board of Supervisors grant conditional use to Piccolo Trattoria, 32 and 34 West Road, subject to the following conditions:

  1. Use shall be E-6 (Eating Place/Drive In) containing an additional 2,146 square feet consisting of 34 West Road and a portion of 36 West Road creating a total use of 4,146 square feet for the offering of dining and take out service.
  2. No alcoholic beverages shall be sold on site.
  3. The applicant/owner shall provide screened trash storage areas to eliminate blowing trash and to permit safe and easy removal of trash.
  4. The applicant/owner shall provide trash receptacles outside the restaurant for patron use.
  5. The maximum number of employees shall be 10.
  6. The hours of operation shall be 10:30 a.m. to 10:00 p.m., seven days a week.
  7. No hazardous, flammable or explosive material shall be stored or used in the building.
  8. All deliveries shall be from the rear of the premises.
  9. No noxious or hazardous impact shall be generated on site.
  10. The owner/applicant shall assure that no dumpster shall be in designated parking areas.
  11. The owner/applicant shall assure that all dumpsters shall be appropriately screened.
  12. The applicant meets the requirements of JMZO Section 1301.B.
  13. No new impervious surfaces are proposed.
  14. Signs shall meet township sign requirements.
  15. No offensive odors or glares shall be generated by the use.
  16. No loud noise shall be generated on site and no music shall be permitted to be audible from the premises.
  17. All review fees shall be paid as a condition of conditional use approval.

Mr. Fidler seconded and the motion passed 7-0.

Goodnoe’s Corner (Six individual conditional use applications): AttorneyKelly McGowan, Engineer Walter Bronson and owner Joseph McGrath were in attendance to review conditional use applications for six of the tenants at the Goodnoe’s Corner shopping center. The shopping center had been granted conditional use approval as an E-15 Community Shopping Center on December 13, 2006, with final land development approval granted February 21, 2007.

In response to questions from Mr. Lombardi, Ms. McGowan explained that Mr. McGrath would review his architectural plans for each building with the Historic Architectural Review Board (HARB), and at the same time, each individual business would make application to HARB for certificates of appropriateness for signage. Only the free standing Rite-Aid Pharmacy would make separate applications to HARB.

Cosi at Goodnoe’s Corner – 280 N. Sycamore Street: Ms. McGowan and owner Chad Novak reviewed this application for an E-6 eating place at Goodnoe’s Corner, to occupy 3000 square feet of building 4a, at the corner of Sycamore Street and Durham Road. This is a casual restaurant with eat-in and take-out facilities. No alcohol is served.

In response to Mr. Wilson’s question, Ms. Goldstein pointed out that the parking for the entire shopping center has been granted a variance.

Mr. Lombardi moved to recommend that the Board of Supervisors approve the conditional use application of Cosi at Goodnoe’s Corner for an E-6 eating place, subject to the following conditions:

  1. Use shall be E-6 (Eating Place/Drive In) containing 3,000 square feet for the offering of dining and take out service.
  2. No alcoholic beverages shall be sold on site.
  3. The applicant/owner shall provide screened trash storage areas to eliminate blowing trash and to permit safe and easy removal of trash.
  4. The applicant/owner shall provide trash receptacles outside the restaurant for patron use.
  5. The maximum number of employees shall be 9, the average is 8.
  6. The hours of operation shall be 7:00 a.m. to 10:00 p.m., seven days a week.
  7. No hazardous, flammable or explosive material shall be stored or used in the building.
  8. All loading and unloading of deliveries by tractor trailers or similar size vehicles shall be at off hours between 10:00 p.m. and 8:00 a.m. and no deliveries shall take place along Sycamore Street or Durham Road.
  9. No noxious or hazardous impact shall be generated on site.
  10. The applicant meets the requirements of JMZO Section 1301.B.
  11. The applicant shall be bound by the conditions of conditional use approval, variance relief and final land development approval of KLS Ryan LP which shall be made a part of this approval.
  12. The applicant shall supply a true and correct copy of the lease as a condition of the approval.
  13. Signs shall meet township sign requirements and a Certificate of Appropriateness shall be secured.
  14. The applicant/owner shall meet with the Newtown Township HARB to review the proposed exterior of the building for their comments and recommendations.
  15. No offensive odors or glares shall be generated by the use.
  16. No loud noise shall be generated on site and no music shall be permitted to be audible from the premises.
  17. All review fees shall be paid as a condition of conditional use approval.

Mr. Bowe seconded and the motion passed 7-0.

Firstrust Bank – 11 Durham Road: Ms. McGowan and Edward Benz reviewed the application for conditional use approval for an E-4 Financial Establishment, to occupy 3,000 square feet of building #6 at Goodnoe’s Corner.

Mr. Benz indicated that the number of employees could be as many as 7, and that the Bank is considering offering some Sunday hours at this location, possibly from 11:00AM to 2:00 PM.

Mr. Lombardi moved to recommend that the Board of Supervisors approve the conditional use application of KLS Ryan LP and Firstrust Bank, tenant, 11 Durham Road, to operate an E-4 (Financial Establishment) on the following conditions:

  1. Use shall be E-4 (Financial Establishment) containing 3,000 square feet to provide financial services.
  2. The maximum number of employees shall be 7, the average 5.
  3. The hours of operation shall be 9:00 a.m. to 6:00 p.m., Monday to Thursday; 9:00 a.m. to 7:00 p.m. Friday; 9:00 a.m. to 1:00 p.m. Saturday; 11:00 a.m. to 2:00 p.m. Sunday.
  4. No hazardous, flammable or explosive material shall be stored or used in the building.
  5. All loading and unloading of deliveries by tractor trailers or similar size vehicles shall be at off hours between 10:00 p.m. and 8:00 a.m. and no deliveries shall take place along Sycamore Street or Durham Road.
  6. No noxious or hazardous impact shall be generated on site.
  7. The applicant meets the requirements of JMZO Section 1301.B.
  8. The applicant shall be bound by the conditions of conditional use approval, variance relief and final land development approval of KLS Ryan LP which shall be made a part of this approval.
  9. The applicant shall supply a true and correct copy of the lease as a condition of the approval.
  10. Signs shall meet township sign requirements and a Certificate of Appropriateness shall be secured.
  11. The applicant/owner shall meet with the Newtown Township HARB to review the proposed exterior of the building for their comments and recommendations.
  12. No offensive odors or glares shall be generated by the use.
  13. All review fees shall be paid as a condition of conditional use approval

Mr. Fidler seconded and the motion passed 7-0.

Taste of Philly Hand Twisted Soft Pretzels – 250 N. Sycamore Street: Ms. McGowan and Vincent Marinelli reviewed this application for conditional use approval for an E-6 Eating Place, to occupy 1,760 square feet in building #2A of Goodnoe’s Corner.

In response to questions from the Commission, Mr. Marinelli indicated that about 20% of his business is wholesale sale of pretzels to non-profit groups for fundraising. Typically orders of about 500 pretzels are sold to schools, athletic groups and scouts. There are no on-street vendors. Trash receptacles will be placed near the shop. Mr. Marinelli indicated that he might remain open until 8:00 PM on summer evenings.

Mr. Bowe moved to recommend that the Board of Supervisors approve the application of Taste of Philly Hand Twisted Soft Pretzels for conditional use for an E-6 Eating Place, subject to the following conditions:

  1. Use shall be E-6 (Eating Place/Drive In) containing 1780 square feet for the offering of dining and take out service.
  2. No alcoholic beverages shall be sold on site.
  3. The applicant/owner shall provide screened trash storage areas to eliminate blowing trash and to permit safe and easy removal of trash.
  4. The applicant/owner shall provide trash receptacles outside the restaurant for patron use.
  5. The maximum number of employees shall be 12, the average 5.
  6. The hours of operation shall be 6:30 a.m. to 8:00 p.m., seven days a week.
  7. No hazardous, flammable or explosive material shall be stored or used in the building.
  8. All loading and unloading of deliveries by tractor trailers or similar size vehicles shall be at off hours between 10:00 p.m. and 8:00 a.m. and no deliveries shall take place along Sycamore Street or Durham Road.
  9. No noxious or hazardous impact shall be generated on site.
  10. The applicant meets the requirements of JMZO Section 1301.B.
  11. The applicant shall be bound by the conditions of conditional use approval, variance relief and final land development approval of KLS Ryan LP which shall be made a part of this approval.
  12. The applicant shall supply a true and correct copy of the lease as a condition of the approval.
  13. Signs shall meet township sign requirements and a Certificate of Appropriateness shall be secured.
  14. The applicant/owner shall meet with the Newtown Township HARB to review the proposed exterior of the building for their comments and recommendations.
  15. No offensive odors or glares shall be generated by the use.
  16. No loud noise shall be generated on site and no music shall be permitted to be audible from the premises.
  17. All review fees shall be paid as a condition of conditional use approval.

Mr. Fisher seconded and the motion passed 7-0.

Jules Thin Crust Pizza – 300 N. Sycamore Street: Ms. McGowan and John Ordway reviewed this application for an E-6 eating place, to occupy 2400 square feet of building #4B of Goodnoe’s Corner. Mr. Ordway indicated that no alcohol is sold, but that patrons bring their own bottles. There is no live music.

Ms. Driscoll moved to recommend that the Board of Supervisors approve the application of KLS Ryan LP and Jules Thin Crust Newtown, tenant, 300 North Sycamore Street, to operate an E-6 (Eating Place/Drive In Use) on the following conditions:

  1. Use shall be E-6 (Eating Place/Drive In) containing 2,400 square feet for the offering of dining and take out service.
  2. No alcoholic beverages shall be sold on site.
  3. The applicant/owner shall provide screened trash storage areas to eliminate blowing trash and to permit safe and easy removal of trash.
  4. The applicant/owner shall provide trash receptacles outside the restaurant for patron use.
  5. The maximum number of employees shall be 20, the average 12.
  6. The hours of operation shall be 11:30 a.m. to 10:00 p.m., seven days a week.
  7. No hazardous, flammable or explosive material shall be stored or used in the building.
  8. All loading and unloading of deliveries by tractor trailers or similar size vehicles shall be at off hours between 10:00 p.m. and 8:00 a.m. and no deliveries shall take place along Sycamore Street or Durham Road.
  9. No noxious or hazardous impact shall be generated on site.
  10. The applicant meets the requirements of JMZO Section 1301.B.
  11. The applicant shall be bound by the conditions of conditional use approval, variance relief and final land development approval of KLS Ryan LP which shall be made a part of this approval.
  12. The applicant shall supply a true and correct copy of the lease as a condition of the approval.
  13. Signs shall meet township sign requirements and a Certificate of Appropriateness shall be secured.
  14. The applicant/owner shall meet with the Newtown Township HARB to review the proposed exterior of the building for their comments and recommendations.
  15. No offensive odors or glares shall be generated by the use.
  16. No loud noise shall be generated on site and no music shall be permitted to be audible from the premises.
  17. All review fees shall be paid as a condition of conditional use approval.

Mr. Fisher seconded and the motion passed 7-0.

Cingular – AT&T Mobility – 3 Durham Road: Ms. McGowan and Paul Groncki reviewed this application for an E-1 retail store occupying 2000 square feet in building #5. This is a core location, a full service company owned store.

Mr. Wilson moved to recommend that the Board of Supervisors approve the application of Cingular (ATT Mobility) for conditional use for an E-1 Retail Store, subject to the following conditions:

  1. Use shall be E-1 (Retail) containing 2,000 square feet to provide the retail sale and service of cellular phones.
  2. The maximum number of employees shall be 12, the average 10.
  3. The hours of operation shall be 10:00 a.m. to 9:00 p.m., Monday through Saturday; 11:00 a.m. to 5:00 p.m. Sunday.
  4. No hazardous, flammable or explosive material shall be stored or used in the building.
  5. All loading and unloading of deliveries by tractor trailers or similar size vehicles shall be at off hours between 10:00 p.m. and 8:00 a.m. and no deliveries shall take place along Sycamore Street or Durham Road.
  6. No noxious or hazardous impact shall be generated on site.
  7. The applicant meets the requirements of JMZO Section 1301.B.
  8. The applicant shall be bound by the conditions of conditional use approval, variance relief and final land development approval of KLS Ryan LP which shall be made a part of this approval.
  9. The applicant shall supply a true and correct copy of the lease as a condition of the approval.
  10. Signs shall meet township sign requirements and a Certificate of Appropriateness shall be secured.
  11. The applicant/owner shall meet with the Newtown Township HARB to review the proposed exterior of the building for their comments and recommendations.
  12. No offensive odors or glares shall be generated by the use.
  13. All review fees shall be paid as a condition of conditional use approval.

Ms. Driscoll seconded and the motion passed 7-0.

Rite Aid – 1 Ice Cream Alley: Ms. McGowan and Gregory Colo reviewed this application for an E-1 retail store, to occupy the 9,970 square foot, free-standing building #7 at Goodnoe’s Corner. Rite Aid will offer pharmacy, health and beauty and one-hour photo services. Mr. Colo indicated that Rite Aid is considering possibly extending hours of operation to 24 hours a day, seven days per week.

Mr. Bowe and Mr. Sensibaugh had some concerns about lighting and security for a round-the-clock business.

Mr. Colo indicated that Rite-Aid would provide private security for nighttime hours.

In discussing the lighting, which could be disturbing to the tenants of the development as well as to the residents of Cliveden and of Sycamore Street, developer Joseph McGrath and Engineer Walter Bronson reviewed some recent changes to landscaping, which included increased landscaping on the Cliveden side of Durham Road.

Mr. Lombardi expressed support for a pharmacy opened all night, as the nearest pharmacy with all-night hours is in Levittown. Other Commission members agreed; however they were unwilling to recommend approval without input from residential neighbors.

The Commission also discussed existing restrictions on daytime deliveries by tractor trailer. Mr. Colo agreed to extend hours to 7:00 AM to accommodate early morning tractor-trailer deliveries.

The members briefly discussed the architectural renderings for this stand-alone building, recommending some design changes to eliminate the “big box” appearance of the sides and rear of the building. Such ideas as mixing the construction materials to create the appearance of more than one building and different roof lines were discussed. The applicant was reminded that HARB would review the exterior of the building for appropriateness to the Historic District.

Mr. Lombardi moved to recommend that the Board of Supervisors approve the application of Rite-Aid for conditional use for an E-1 Retail Store, subject to the following conditions:

  1. Use shall be E-1 (Retail) containing 9,900 square feet to provide uses including pharmacy, health and beauty products sales, one hour photo and other retail uses.
  2. The maximum number of employees shall be 8, the average 7.
  3. The hours of operation shall be 7:00 a.m. to 10:00 p.m., Monday through Saturday; 8:00 a.m. to 6:00 p.m. Sunday.
  4. No hazardous, flammable or explosive material shall be stored or used in the building.
  5. All loading and unloading of deliveries by tractor trailers or similar size vehicles shall be at off hours between 10:00 p.m. and 8:00 a.m. and no deliveries shall take place along Sycamore Street or Durham Road.
  6. No noxious or hazardous impact shall be generated on site.
  7. The applicant meets the requirements of JMZO Section 1301.B.
  8. The applicant shall be bound by the conditions of conditional use approval, variance relief and final land development approval of KLS Ryan LP which shall be made a part of this approval.
  9. The applicant shall supply a true and correct copy of the lease as a condition of the approval.
  10. Signs shall meet township sign requirements and a Certificate of Appropriateness shall be secured.
  11. The applicant/owner shall meet with the Newtown Township HARB to review the proposed exterior of the building for their comments and recommendations.
  12. No offensive odors or glares shall be generated by the use.
  13. Applicant’s lease shall provide that no carts or mobile baskets shall leave the store and appropriate signage and enforcement shall be implemented to assure compliance therewith.
  14. All review fees shall be paid as a condition of conditional use approval.

Mr. Bowe seconded and the motion passed 7-0.

LaStalla – 18 Swamp Road: As no representative of LaStalla was in attendance, Mr. Beckert reviewed the Commission’s options regarding this application: to table the review or to recommend that the Supervisors deny the application.

Mr. Bowe and Mr. Wilson expressed concern about the number of seats being requested in the application, and about the parking difficulties at that end of the shopping center.

Mr. Fidler pointed out that during the delay in hearing the application, the applicant can continue doing business, despite any violation notices.

Mr. Solomon suggested that he would contact the applicant. There is a possibility that there was a misunderstanding about the date.

Mr. Fidler moved to table review of LaStalla’s application for conditional use until July 17, 2007. Mr. Fisher seconded and the motion passed 7-0.

Zoning Hearing Board Applications

Yachelesav Mirshon – 93 Richboro Road: The Commission passed this application for setback relief for a deck without comment.

Ray T- and Catherine M. Pugh – Wrights Road, Mardot Village: Attorney Ed Murphy was in attendance to review this application for variances and a special exception to build a new single-family detached dwelling on a 28,984 square foot lot.

Mr. Murphy explained that at the time that Mardot Village was constructed there were a number of vacant lots sold with restrictions preventing building unless or until Mardot Village was hooked to public water and sewer, which has been recently installed in that section of Newtown. Mardot Village was constructed before the Joint Municipal Zoning Ordinance of 1983 was adopted, making the area’s zoning CM Conservation Management. At the time of original construction, the lot conformed to the existing zoning, but under the JMZO it is now non-confirming.

Mr. Murphy reviewed the relief sought, which includes relief from the requirement of a distance between houses of 100 feet and from the maximum impervious surface ratio. The applicant is seeking an impervious surface of 20%, which is permissible in the CM district in a cluster development.

In response to Mr. Fidler’s question, Mr. Murphy said that he was not sure whether the proposed construction’s impervious surface and the proposed distance between buildings would be in keeping with other homes in the neighborhood. It was Mr. Fidler’s suggestion that such information would be helpful in evaluating whether this construction would create a hardship for the surrounding neighborhood.

Mr. Fidler and Mr. Lombardi suggested that the Board of Supervisors be made aware that there are other, similar lots in Mardot Village, and the same questions will come up again. Beyond that, the Commission passed the application to the Supervisors without comment.

Friends Lane LLC – 104 Penns Trail: Attorney Joseph Pizzo and Engineer Walter Bronson reviewed the application of Friends Lane, LLC for relief from the maximum impervious surface to construct a self storage facility consisting of a 36,180 square foot building and a 27,000 square foot building, with associated parking and stormwater management. Mr. Pizzo indicated that the Board of Supervisors had reviewed the concept plan.

Mr. Bronson explained that the impervious surface is based on a base site minus a 100 foot easement and the right-of-way. If these were taken into the calculation, the impervious surface would be 60%, which is permissible in the LI Zoning District. This is new construction on a vacant lot. The proposed stormwater management will handle more than the entire site’s stormwater.

Mr. Sensibaugh expressed some concern about the increased impervious surface, noting that the 100-foot easement exists throughout the Business Commons.

Mr. Fidler expressed a similar concern. He suggested that the Supervisors be made aware of the easement. Beyond this, the Commission passed the application without comment.

Cricklewood Green Office Park (CAU) – Lindenhurst Road: As had been previously requested, J. Halleck Hoeland presented architectural renderings of the proposed “Building A”, the subject of the application. The Commission passed this application without comment.

Craig and Dianna Henzel – 4 Madison Court: The Commission passed this application for setback relief for a residential patio without comment.

James and Nancy Reisenberge – 59 Autumn Drive: The Commission passed this application for setback relief for a sunroom addition without comment.

Liaison Reports

Board of Supervisors: Mr. Schenkman reported that the Supervisors have discussed moving the Comprehensive Plan along by assigning two Supervisors from each municipality to a Comp Plan Review Committee.

Other Business

Traffic Engineer Matt Johnson provided the members with maps of the projects that had been on the 2005 TIP. He suggested that the members review these maps and consider other traffic projects. At the July meeting he would give a presentation on the TIP procedures, review previously included projects which have not been implemented, and begin discussion of projects to be included in the 2007 TIP.

In response to Mr. Sensibaugh’s question, Mr. Johnson indicated that there have been some discussions of safety concerns on Wrights Road near the schools at Board of Supervisor work sessions. He is aware of “safe schools” grant opportunities, and would investigate whether there would be any funding opportunities for improvements there.

Mr. Bowe moved to adjourn at 11:00PM. Mr. Wilson seconded and the motion passed 7-0.

 

Respectfully Submitted:

 

Mary Donaldson, Acting Recording Secretary