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Work Session #14 - 2008 A Work Session of the Whitpain Township Board of Supervisors was held on Tuesday, August 5, 2008 at the Whitpain Township Building, 960 Wentz Road, Blue Bell, PA at 7:30 PM for the purpose of reviewing the agenda of the August 5, 2008 Supervisors' Meeting. Chairman Joseph J. Palmer was present with Supervisors Brian W. Young, Anthony F. Greco, William L. McKernan III, and Adam D. Zucker. Mark Hosterman from the Township Solicitor's office, Township Manager Phyllis C. Lieberman, Assistant Township Manager/Township Engineer Roman M. Pronczak, Director of Finance John Marcarelli, Police Chief Mark A. Smith, Director of Public Works Ronald J. Cione, Director of Code Enforcement Michael E. McAndrew, Fire Marshal David M. Camarda, and Director of Parks and Recreation Kurt W. Baker were also present. Two members of the public and one reporter were present. The Supervisors reviewed the agenda discussing the scheduling of Supervisors' Meeting for the month of September, approval of the minutes of the July 1, 2008 Supervisors' Meeting, approval of the July, 2008 Voucher List, approval of the Treasurer's Report for the month of July 2008, a confirming motion to increase the mileage reimbursement from 50.5 cents per mile to 58.5 cents per mile for use of personal vehicles for Township business, awarding of the 2008 Painted Traffic Lines and Markings to Interstate Road Management of Hazelton, PA in the low bid amount of $18,205.60, approval of a 3 lot Subdivision at 149 Stenton Avenue, approval of Change Orders 1-3 for the Morris Road and Penllyn Blue Bell Pike Intersection Project, a motion to authorize the Chairman and Secretary to sign on behalf of the Township a Pillar Agreement with Mr. and Mrs. Saxon at 1620 Governors Way for a fence within the ultimate right-of-way, consideration of a request for a waiver from having to file a land development plan for a free standing gazebo at Normandy Farms Estates, a motion to adopt Resolution Number 860 authorizing the Chairman to sign the Reimbursement Agreement between Whitpain Township and the Pennsylvania Department of Transportation, Agreement #068497, regarding intersection improvements for the Prophecy Creek Park Project, a public hearing on proposed Ordinance #4-223, an Ordinance replacing the Zoning Ordinance in its entirety and creating a new Chapter 160 Zoning Ordinance, several Zoning Hearing Board applications, and a Conditional Use hearing filed by Normandy Development, L.P. Ms. Maureen Schmidt, Executive Director of Angel Flight, then addressed the Supervisors. She noted that Angel Flight flies ill children and adults to medical care for free. The average fee for such a trip would normally cost $800-$1200. She invited the Supervisors to come the Wings and Wheels Show in September at Wings Field, where Angel Flight is based. Mr. Cione then gave an update on the Curb Program, noting that it is near completion, with just some restoration work that needs to be completed. He complemented the Supervisors on their insight in completing the work in 2 years, thus benefiting from the difference in cost of concrete between when the project was bid and what it would cost today. He said that curb work on a minor basis will still be done as needed. He then discussed with the Supervisors the rising cost of asphalt and asphalt products and how they should be expecting increased costs for roadwork. The Supervisors then left for the public meeting. The work session was reconvened at approximately 9:30 PM. The Supervisors discussed several legal matters. At approximately 10:10 PM, the work session was adjourned. Phyllis C. Lieberman
Following the Pledge of Allegiance, Chairman Palmer called the meeting to order. Chairman Palmer announced the dates for the September Board of Supervisors' meeting which will be held on Tuesday, September 2, 2008 and Tuesday, September 16, 2008 at 8pm. A motion was made by Mr. McKernan, duly seconded by Mr. Greco, and unanimously passed to approve the minutes of the July 1, 2008 Supervisors' Meeting. A motion was made by Mr. Greco, duly seconded by Mr. Zucker, and unanimously passed to approve all expenditures on the July, 2008 Voucher List, which totalled $1,113,548.41. A motion was made by Mr. Zucker, duly seconded by Mr. McKernan, and unanimously passed to approve the Treasurer's Report for the month of July, 2008. A motion was made by Mr. Greco, duly seconded by Mr. McKernan, and unanimously passed to increase the mileage reimbursement rate from 50.5 cents per mile to 58.5 cents per mile for use of personal vehicles for Township business, effective July 1, 2008. A motion was made by Mr. Greco, duly seconded by Mr. Young, and unanimously passed to award the contract for the 2008 Painted Traffic Lines & Markings to Interstate Road Management of Hazelton, PA in the low bid amount of $18,205.60. This includes the alternate bid of certain thermoplastic legends in place of painted. A motion was made by Mr. McKernan duly seconded by Mr. Greco, and unanimously passed to approve a 3 lot subdivision plan titled "Subdivision Plan of 149 Stenton Avenue - Sheets 1 of 1", prepared by Charles E. Shoemaker, Inc., dated April 28, 2008, and last revised July 18, 2008, conditioned upon resolution of items in letters from the Township Engineering Department dated July 3, 2008. Although this is considered a three lot subdivision, this is application only involves a lot line adjustment to an application approved in December of 2006. A motion was made by Mr. Zucker, duly seconded by Mr. Young, and unanimously passed to approve Change Orders 1 through 3 for the Morris Road and Penllyn Blue Bell Pike Intersection Improvement Project revising the total contract price from $623,893.90 to $697,831.04. These change orders involve additional costs associated with resolving a conflict between the elevation of the new storm sewer and existing water main. The project will still be within the amount budgeted. As advertised, a public hearing was held for Ordinance #4-223, an Ordinance amending the Code of the Township of Whitpain, Part II (General Legislation), Chapter 160 (Zoning) by deleting Chapter 160 in its entirety and replacing it with a new Chapter 160 entitled "Zoning" including the following articles: Preliminary Provisions; Definitions; Zoning District; R-1 Residence District; P-R Park and Recreation District; R-2 Residence District; R-3 Multi-Family District; R-3A Low-Intensity Multi-Family District; AQRC-Age Qualified Residential Community; R-4 Village Preservation District; R-5 Agricultural/Rural Residence District; R-6 Agricultural/Rural Residence District; R-7 Residence District; R-8 Residence District; R-9 Residence District; A-R And A-R-1 Administrative and Research District; R-E Research and Engineering District; C Commercial District; VC Village Commercial District; C-1 Commercial District; I Limited Industrial District; IN Institutional District; SC Shopping Center District; FP Floodplain Conservation District; Signs; Off-Street Parking and Loading; General Provisions; Non-Conforming Uses; Administration; Zoning Hearing Board; Violations and Penalties; Fees, Remedies and Amendments. A verbatim record of this hearing was taken by a court stenographer. Code Enforcement Officer, Michael E. McAndrew provided a brief summary to explain the particular changes that were being proposed. He stated that approximately one year was spent with the previous Township Solicitor and the current Township Solicitor to work on eliminating provisions that were deemed unenforceable. The Ordinance proposes specific changes to language governing deed restricted open space, adult uses, noises & odors, and temporary non-conforming uses. Mr. Palmer questioned the location of the adult related uses, to which Mr. Hosterman responded that under state law the Township must provide for an area in the Township for each category of use. In this case, it will be loctaed in the I-Industrial District. Mr. Zucker asked if the adult uses may be restricted in terms of distance from other uses. Mr. Hosterman replied that the request is allowable, and the Ordinance may be amended to include that language if it presently does not contain it. Resident Wayne Schiable asked if there was a copy of the Ordinance available for review, and he was informed of its availability at the Township building. Mr. Schiable further inquired if the procedural requirements for substantive changes stay the same, to which Mr. McAndrew replied that they do. There being no further questions or comments, a motion was made by Mr. Zucker, duly seconded by Mr. Greco, and unanimously passed to adopt Ordinance #4-223, with the provision that a future amendment be drafted to amend the setbacks with regards to other zoning districts. The Board of Supervisors took no action regarding the following applications to the Zoning Hearing Board: NO. 1797-08: Application filed by J. Bruce & Beatrice Nichols as owners of the property located at 760 Penllyn Blue Bell Pike, Blue Bell, PA, 19422 to request variances from the terms of Article V, Section 160-11 and Article XXV, Section 160-197.1 to allow the installation of a kitchen in the existing detached accessory building at the subject property. The zoning classification of the subject property is "R-1" Residence District. NO. 1798-08: Application filed by Blue Bell Park, Inc. as owners of the property located at 1730 Skippack Pike, Blue Bell, PA, 19422 for the following relief:
NO. 1800-08: Application filed by Barry C. & Mary K. Vandegrift as owners of the property located at 113 Gillin Road, Ambler, PA, 19002 to request variances from the terms of Article VII, Section 160-31 and Article XXV, Section 160-193 to allow a 16' x 16' deck to the side and back of the house reducing the minimum required side yard from 25' to 13' and the aggregate side yards from 60' to 29' at the subject property. The zoning classification of the subject property is "R-2" Residence District. NO. 1802-08: Application filed by Lois Lockledge as owner of the property located at 1077 Sunset Drive, Blue Bell, PA, 19422 to request variances from the terms of Article V, Section 160-17 and Article XXV, Section 160-194.F to allow an 18' x 22' two story addition to the rear of the house reducing the non-conforming minimum required rear yard from 75' to 41' 1" at the subject property. The zoning classification of the subject property is "R-1" Residence District. The Board of Supervisors then considered the following applications to the Zoning Hearing Board: NO. 1796-08: Application filed by Douglas Seiler, 1340 Walton Road, Whitpain Township, appealing The Code Enforcement Officer's Preliminary Opinion for 1501 Narcissa Road, Blue Bell, Penna. dated December 28, 2007 under PA Municipalities Planning Code 53 PS 10916.2, Section 916.2 issued to Wings Field Preservation Associates, L.P. concerning a proposed demolition and replacement of two (2) existing hangars on the Wings Filed Property, 1501 Narcissa Road (subject property). The Preliminary Opinion states that: the airport is an existing non-conforming use which is legally permitted to continue on the subject property; and, that the proposed development as depicted on the Proposed Hangar Layout Plan complies with the non-conforming use provisions of the Zoning Ordinance without the need for any variances from the Whitpain Township Zoning Hearing Board. The zoning classification of the subject property is "R-5" Agricultural/Rural Residence District. A motion was made by Mr. McKernan, duly seconded by Mr. Zucker, and unanimously passed to send the Township Solicitor to appear in opposition of this application. NO. 1799-08: Application filed by Barshak Restaurant, Inc. DBA Alison at Blue Bell as tenant of the property located at 721 Skippack Pike, Blue Bell, PA, 19422 for the following relief at the subject property:
A motion was made by Mr. McKernan to send the Township Solicitor in opposition to this application due to infringement upon the surrounding green space. The motion was seconded by Mr. Greco, and unanimously passed. NO. 1801-08: Application filed by L&H Signs as agent for tenant, Conestoga Bank, for the property located at 642 Skippack Pike, Blue Bell, PA, 19422 to request variances from the terms of Article XXIII, Section 160-182.2.C and ZHB Decision No. 1668-06 to allow the installation of one (1) set channel letters on north elevation (33.71 sq. ft.), one (1) sign cabinet on north elevation (24.8 sq. ft.), one (1) sign cabinet on east elevation (18.25 sq. ft.) increasing the maximum allowed façade signage from one (1) sign totaling 20 sq. ft. to three (3) signs totaling 76.76 sq. ft. at the subject property. The zoning classification of the subject property is "C" Commercial District. A motion was made by Mr. Greco to send the Township Solicitor in opposition to this application due to the size of the signage. The motion was seconded by Mr. McKernan, and unanimously passed. At this time, a public hearing was held to consider the Conditional Use Application (CU#20-07) filed by Normandy Development, L.P. as owner of the property located at 1401 Morris Road, Blue Bell, PA 19422, for a conditional use as follows at the subject property:
The pertinent section of the Whitpain Township Zoning Ordinance, Chapter 160, Article XI, Section 160-66.1.D. The zoning classification of the subject property is "R-6" Agricultural/Rural Residence District with historic preservation. A verbatim record of this hearing was taken by a court stenographer. Attorney Marc B. Kaplin, Esq. was present for the applicant, as was Mr. David Cavanaugh, RLA of Land Concepts Group to detail the proposed changes. Mr. Kaplin explained that they were seeking an amendment to the conditional use approval that was granted in 2007, but was never constructed. Mr. Cavanaugh provided information on the current request to allow an additional 956 sq. ft. of expansion area to the bar area, for a total of approximately 1500 sq. ft. There will be a reconfiguration of the parking area which will put the applicant above the required number of parking spaces, and the site will also have more than the required green space because there will some removal of impervious coverage. There were a series of questions and answers with Board members and the public. Some of the concerns that were raised dealt with the issues of seating capacity, hours of operation, point of access to the bar area, and noise. There was also some concern about there being a number of residents from the neighboring Windermere development who could not be present at the meeting. Mr. Hosterman advised that the applicant could choose to have the record closed, or it could be held open until the next Board of Supervisors' meeting, so that additional witnesses or testimony could be presented. Chairman Palmer requested that property owner, Mr. Bud Hansen, submit a written statement explaining the intended use of the space, as well as what the general occupancy of the space would be. At this time, Mr. Kaplin requested that the record officially be closed. Mr. Hosterman advised the Board of Supervisors that they could deliberate and render a decision that evening, or they could also take a period of 45 days in which to render their decision. A motion was made by Mr. Greco, duly seconded by Mr. Zucker, and unanimously passed to take 45 days to consider the motion. With no further business to come before the Board, Vice-Chairman Young adjourned the meeting at 9:25 p.m. Respectfully submitted,
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