The Newtown Township Zoning Hearing Board met on Thursday, March 7, 2013 in the Newtown Township Building. In attendance and voting were: Chairman Karen Doorley, Vice Chairman Brandon Wind, Secretary Mario Lionetti and members Timothy Potero and Michael Iapalucci. Also in attendance were: James J. Auchinleck, Jr., Esq., Solicitor, Martin Vogt, Code Enforcement Officer and Justine Gregor, Stenographer.

Call to Order: Mrs. Doorley called the meeting to order at 7:30 PM.

The agenda was reviewed:

Continued Application of 15 Swamp Road, LTD (Meglio’s)

Continued Application of S&H Securities

Application of KVK Tech

Approval of Minutes

Mr. Lionetti moved to approve the minutes of February 7, 2013. Mr. Wind seconded and the motion passed 4-0-1 with Mrs. Doorley abstaining.

Continued Application of 15 Swamp Road

Mr. Auchinleck informed the Board that the applicant has withdrawn this application.

Continued Application of S&H Security

Mr. Wind moved to continue the application of S&H Security to May 2, 2013. Mr. Lionetti seconded and the motion passed 5-0.

Application of KVK Tech

Mr. Lionetti read into the record the application of KVK TECH INC. requesting variances from sections 803(G-1)&(G-3) to permit a reduction of parking, for a 28,800 sq ft addition to a 24,050 sq ft existing building, from 107 spaces to 34; or in the alternative for a 14,400 sq ft addition, from 78 spaces to 34. The use of the existing building will be changed from G-2 Research to G-1 Manufacturing. The subject property is 114 Pheasant Run, Newtown Business Commons, in the L-I Light Industrial Zoning District, being known as tax parcel number 29-10-141.

Mrs. Doorley asked if anyone wished party status. There was no response.

Richard Walker, Mike Vinpuri and Frank Ripp, Jr. were sworn in. Mr. Walker, architect on the project explained that the existing building at 114 Pheasant Run contains uses G-2 research and G-3 warehouse, with 1/3 of that building dedicated to research. He entered as Exhibit A-1 a packet of photographs of pharmaceutical storage vats. KVK would like to put a two-story addition of 24,050 square feet for manufacture of liquid pharmaceutical products. The new addition will contain vats and piping for mixing chemicals which will then be packaged. The building will have a total of fifteen employees on site. The site has 49 parking spaces. The total required would be 107 spaces. The applicant is proposing to add only 34 new spaces.

Mr. Walker further explained that this will be an FDA and DEA approved secure facility for the manufacture of controlled pharmaceuticals, which will then be transported by secured panel trucks to KVK’s other facility at 110 Terry Drive.

Mrs. Doorley asked whether hazardous materials will be stored or discharged from the site.

Mr. Vinpuri said that the product is 99% water. No explosives are on the premises and all vapors must be captured and not released.

Mr. Iapalucci asked why the application offers two different options.

Mr. Walker said that ideally KVK would like to build option #1, the two story facility. Option #2 would not be large enough so would be used in conjunction with another facility if this Board were not comfortable granting the variance for option #1. He noted that KVK owns another building at 110 Terry Drive which has 136 parking spaces but uses only 70. If parking were to ever become an issue, a shared parking arrangement could be made. KVK is also in negotiations for another building on Blacksmith Drive, which would create a campus of contiguous buildings and the combined buildings could share parking.

Mr. Iapalucci asked about deliveries.

Mr. Vinpuri said that deliveries are by secured box trucks during the business day between the Terry Drive location and the Pheasant Run location. These would be the only deliveries to the secured facility.

Mrs. Doorley asked whether the facility has well water.

Mr. Vinpuri said that it is filtered, metered public water.

Mr. Auchinleck confirmed for the Board that the only relief sought is for parking. The building meets all other zoning requirements.

Mr. Iapalucci expressed some concern that such a large parking variance could become a problem should the use change from manufacturing to a more intense use.

Mr. Lionetti suggested that any variance granted could possibly be limited to only the currently proposed uses. If the use were to change the new use would need to meet the Ordinance parking requirements.

Mr. Walker said that the facility will be designed to meet DEA security requirements; it is unlikely that the building would be used for any other use because of the expense involved. He did note that any change in use would require conditional use approval. The Board of Supervisors could address parking concerns if a new use were proposed.

Mr. Vinpuri briefly discussed the security measures for the facility, which will include fencing and over 200 cameras. He noted that KVK employs scientists and has an $8 million payroll. He said that KVK would have to outsource business if the Board were to only consider option #2.

Mr. Iapalucci moved to grant variances from sections 803(G-1)&(G-3) to permit a reduction of parking, for a 28,800 sq ft addition to a 24,050 sq ft existing building, from 107 spaces to 34 subject to the condition that the variances are limited to used G-1 manufacturing, G-2 research and G-3 warehouse. Mr. Wind seconded and the motion passed 5-0.

Mr.Lionetti moved to adjourn at 8:30 PM. Mr. Potero seconded and the motion passed 5-0.

Respectfully Submitted:


Mary Donaldson, Recording Secretary