A Work Session of the Whitpain Township Board of Supervisors was held on Tuesday, August 7, 2007 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 7, 2007 Supervisors' Meeting. Chairman Leigh P. Narducci was present with Supervisors Joseph J. Palmer, Brian W. Young, William L. McKernan III, and Anthony F. Greco. Township Solicitor J. Peirce Anderson, Township Manager Phyllis C. Lieberman, Assistant Township Manager/Township Engineer Roman M. Pronczak, Chief Mark A. Smith, Director of Finance M .Elizabeth McBride, Director of Public Works Ronald J. Cione, Director of Code Enforcement Michael McAndrew, Fire Marshal David M. Camarda, and Parks and Recreation Director Kurt W. Baker were also present. There were one reporter and two residents present.

The Supervisors reviewed the agenda discussing the scheduling of meetings for the month of September, approval of the minutes of the July 9, 2007 and July 17, 2007 Supervisors' Meetings, approval of the July 2007 voucher list, approval of the Treasurer's Report for the month of July 2007, approval of Amendment Number 5 to the Plymouth-Whitpain Transportation Agreement dealing with the maintenance responsibilities for sewer lines, a confirming motion to release escrow for the Broad Axe Tavern, approval of an agreement between Whitpain Township, East Norriton Township, and the Automobile Dealers Association regarding acceptance of sanitary sewage, a motion to award the contract for leaf collection to JP Mascaro for one year in the low bid amount of $31,600, consideration of a request from Ambler Borough Water to waive the land development application fees associated with construction of a well house on Brookfield Lane in Whitpain Township, a motion to adopt Resolution Number 831 authorizing the Chairman and Secretary of the Board of Supervisors of Whitpain Township to execute any and all documents pertaining to the condemnation by PennDot of portions of property owned by Whitpain Township for the purposes of widening Route 202 (a/k/a DeKalb Pike) in Whitpain Township, a motion to adopt Resolution Number 832 approving the Land Development Plan for the proposed Citizens Bank Canopy Extension, a motion to adopt Resolution Number 833 to approve the Land Development Plan for the Parking Lot Expansion at Aetna of Blue Bell, 980 Jolly Road, a motion to adopt Resolution Number 834 authorizing the Chairman and Secretary to sign on behalf of the Township a Project Letter Agreement with PennDot for the adjustment of incorporated utility facilities for Project GR6-07, ST65, a public hearing on proposed Ordinance Number 4-222 adopting a new definition for metal containers for placement of clothing donation containers and similar metal containers as a permitted use within the IN Institutional Zoning District, a public hearing on proposed Ordinance Number 307, regarding Disturbing the Peace, changing the wording to prohibit noises constituting a disturbance of the peace on Saturdays and Sundays before 8:00 AM and after 11:00 PM and on weekdays before 6:00 AM or after 11:00 PM, and several Zoning Hearing Board applications.

Mrs. Lieberman then noted that the Township has received requests from some churches for reduced sewer rates as they do not believe that the present rates are justified. The Supervisors discussed the matter and felt that it was something that they would review during Budget work sessions.

Chief Smith explained to the Board that some residents had signed a petition asking for additional stop signs on Midway Lane. He noted that it is a cut through road. After some discussion, the Supervisors agreed that an ordinance be prepared to address the issue.

Mr. Baker then gave a report on a visit that he had made to the Boys and Girls Club of Souderton. This was at the request of a group of people who would like to see such a club in the West Ambler section of the Township. Mr. Baker went on to describe his visit and how the club was financed and built. He also explained the various programs that are offered and how it is maintained and staffed. He noted that the size of that club would require a parcel of land at least 5 acres with additional land for parking. After some discussion, the Supervisors agreed that they would be interested in hearing more about that project from the people who run that facility and asked that arrangements be made for them to make a presentation to the Board.

The Supervisors discussed a legal matter, 501 Kurt Drive, and then left for the public meeting.

At approximately 8:40 PM the work session was reconvened. The

Supervisors discussed another legal matter, land acquisition. At

approximately 9:30 the work session was adjourned.

Phyllis C. Lieberman
Whitpain Township Manager

#15 - 2007

The regular meeting of the Whitpain Township Board of Supervisors was held on Tuesday, August 7, 2007 at the Whitpain Township Building, 960 Wentz Road, Blue Bell, PA. Supervisors Leigh P. Narducci, Joseph J. Palmer, Brian W. Young, Anthony F. Greco, and William F. McKernan were present. Township Manager, Phyllis C. Lieberman, Township Engineer/Assistant Township Manager, Roman Pronczak, Township Solicitor, J. Peirce Anderson, Director of Finance, M. Elizabeth McBride, Code Enforcement Officer, Michael E. McAndrew, Police Chief Mark A. Smith, Park and Recreation Director, Kurt W. Baker, Director of Public Works, Ronald J. Cione, Fire Marshal, David M. Camarda and Recording Secretary, Michele Alifano were also present. There were approximately 10 members of the public in attendance.

Following the Pledge of Allegiance, Chairman Narducci called the meeting to order. He announced the dates for the upcoming regular Board of Supervisors' meetings which are scheduled for Tuesday, September 4, 2007 and Tuesday, September 18, 2007 at 8:00 p.m.

A motion was made by Mr. Palmer, duly seconded by Mr. Greco, and unanimously passed to approve the minutes of the July 9, 2007 and July 17, 2007 Supervisors' Meetings.

A motion was made by Mr. McKernan, duly seconded by Mr. Greco, and unanimously passed to approve all expenditures for the July, 2007 voucher list.

A motion was made by Mr. Young, duly seconded by Mr. Greco, and unanimously passed to approve the Treasurer's Report for the month of July, 2007.

A motion was made by Mr. Palmer, duly seconded by Mr. Greco, and unanimously passed to approve Amendment Number 5 to the Plymouth-Whitpain Transportation Agreement. This agreement deals with maintenance responsibilities for sewer lines used for transporting sewage from both Whitpain and Plymouth Townships.

A motion was made by Mr. Palmer, duly seconded by Mr. Greco, and unanimously passed to release $58,759.94 (Release #5) from the escrow fund for the Broad Axe Tavern, 901 W. Butler Pike (LD-3-06).

A motion was made by Mr. Palmer, duly seconded by Mr. Young, and unanimously passed to approve an agreement between Whitpain Township, East Norriton Township, and Automobile Dealers Association regarding acceptance of sanitary sewage.

A motion was made by Mr. Young, duly seconded by Mr. Greco, and unanimously passed to award the contract for leaf collection to JP Mascaro of Audubon, PA for one year in the low bid amount of $31,600.

A motion was made by Mr. Greco, duly seconded by Mr. Young, and unanimously passed to approve a request from the Borough of Ambler Water to waive the land development application fees associated with construction of a well house on Brookfield Lane in Whitpain Township.

A motion was made by Mr. Palmer, duly seconded by Mr. Young, and unanimously passed to adopt Resolution Number 831 authorizing the Chairman and the Secretary of the Board of Supervisors of Whitpain Township to execute any and all documents pertaining to the condemnation by PennDOT of portions of property of Whitpain Township for the purposes of widening of Route 202(a/k/a DeKalb Pike) within Whitpain Township.

A motion was made by Mr. Young, duly seconded by Mr. McKernan, and unanimously passed to adopt Resolution Number 832 to approve Land Development Plan titled "Proposed Citizen Bank Canopy Extension - Sheets 1 of 6 through 6 of 6", prepared by Bohler Engineering, plans dated May 18, 2007 in accordance with Section 509 (b) of the Pennsylvania Municipalities Planning Code conditioned upon execution of an Improvement Construction Agreement, posting of financial security, and resolution of items in a letter from the Township Engineer dated July 9, 2007. Mr. Palmer requested that it be noted for the record that Citizens Bank responded proactively to the Whitpain Township Planning Commission's recommendations with regard to their Land Development Plan.

A motion was made by Mr. McKernan, duly seconded by Mr. Greco, and unanimously passed to adopt Resolution Number 833 to approve Land Development Plan titled "Aetna Blue Bell - 980 Jolly Road - Parking Lot Expansion - Sheets 1 of 12 through 12 of 12", prepared by Stantec Consulting Services, Inc., plans dated April 2, 2007 and last revised on June 6, 2007 in accordance with Section 509 (b) of the Pennsylvania Municipalities Planning Code conditioned upon execution of an Improvement Construction Agreement, posting of financial security, receipt of all necessary permits from the Pennsylvania Department of Environmental Protection and Montgomery County, and resolution of items in a letter from the Township Engineer dated May 2, 2007. Mr. Palmer requested that it be noted for the record that Aetna responded proactively to the Whitpain Township Planning Commission's recommendations with regard to their Land Development Plan.

A motion was made by Mr. Palmer, duly seconded by Mr. McKernan, and unanimously passed to adopt Resolution Number 834, authorizing the Chairman and Secretary to sign on behalf of the Township, a Project Letter Agreement with the Pennsylvania Department of Transportation for the adjustment of incorporated utility facilities for Project GR6-07, ST65 (Revised 7/16/07).

As advertised, a public hearing for proposed Ordinance #4-222, an Ordinance amending Chapter 160 of The Code of the Township of Whitpain adopting a new definition for metal containers for placement of clothing donation containers, recycle containers, and similar metal containers as a permitted use within the IN-Institutional Zoning District. Chairman Narducci called for comments or questions from the Board. Mr. Palmer stated that following some discussion it was agreed that an amendment be made to the proposed Ordinance, and that any verbiage referring to recyclable materials would be removed. Chairman Narducci then called for comments or questions from the public. There being none, a motion was made by Mr. Palmer, duly seconded by Mr. McKernan, and unanimously passed to adopt Ordinance #4-222.

As advertised, a public hearing for proposed Ordinance #307, an Ordinance amending the codified Ordinances of The Township of Whitpain, Chapter 83 (Disturbing the Peace), Section 83-1(Definition: Disturbing The Peace Prohibited) by deleting the second sentence in its entirety and replacing it with a new second sentence to prohibit noises constituting a disturbance of the peace on Saturdays and Sundays before 8:00 AM and after 11:00 PM, and on weekdays before 8:00 AM or after 11:00 PM.

Chairman Narducci called for any comments or questions from the Board. Mr. Palmer explained that there is an ongoing conflict with businesses in the Township that wish to operate on the weekend, and residents who are concerned with their quality of life and disruption from early morning noise. He stated there was noise being generated from construction work, and when Township staff attempted to resolve the situation, it was found that the terms of the old Ordinance did not allow the Township to enforce complaints it received. Chairman Narducci added that the new terms would not prohibit work prior to 6AM, but prohibit any noise that the work may create. Mr. Palmer commented that adoption of Ordinance #307 would give the Police a negotiation tool for the resolution of complaints.

Several residents had comments regarding this Ordinance. Ms. Edwina Smith, who resides in the Yorkshires, stated there were several residents involved in the noise complaint to the Township. They do not feel it is an unreasonable request that workers start a few hours later on weekends.

Mr. Gary Sender, of 379 Selby Place, stated he filed the initial complaint of noise from construction vehicles at the site of the Deer Lake Development at North Wales Road & Morris Road. After a request from the builder to begin after 8AM on weekends was ignored, he stated he followed-up with the Township. He did not feel that the temporary noise was acceptable, and he urged the Board to amend the Ordinance.

Following some further discussion, a motion was made by Mr. McKernan, seconded by Mr. Palmer, and passed by a vote of 3-2 to adopt Ordinance #307.

The Board of Supervisors took no action regarding the following applications to the Zoning Hearing Board:

NO: 1750-07: Application filed by Patricia Frick as owner of 1091 Kurt Drive, Blue Bell, PA, 19422 for variances from the terms of Article VII, Section 160-15 and Article XXV, Section 160-193 to allow a 26' x 30.3' one-story addition to the side of the house reducing the minimum required side yards from 45' to 24' and reducing the minimum required aggregate side yards from 100' to 74' at the subject property. The zoning classification of the subject property is "R-1" Residence District.

NO: 1752-07: Application filed by Sean & Maebel McFadden as owners of 1190 Horseshoe Drive, Blue Bell, PA, 19422 for a variance from the terms of Article V, Section 160-19 to reduce the minimum required side yard setback for an accessory structure with a height of 16' from 22' to 10'; and for variances from the terms of Article V, Section 160-15 and Article XXV, Section 160-193 to allow a 380 square foot one story addition and a 300 square foot porch to the side of the house reducing the minimum required side yard setback from 45' to 42.8' and to reduce the minimum required aggregate side yard setback from 100' to 64.7' at the subject property. The zoning classification of the subject property is "R-1" Residence District.

NO: 1753-07: Application filed by Paul H. & Nancy L. Belser as owners of 1660 Chadwyck Place, Blue Bell, PA, 19422 for variances from the terms of Article V, Section 160-15 and Article XXV, Section 160-193 to allow a 23' x 42' one story addition to the side of the house, reducing the minimum required side yard setback from 45' to 33.32' and reducing the minimum required aggregate side yard setback from 100' to 86.32' at the subject property. The zoning classification of the subject property is "R-1" Residence District.

A motion was made by Mr. McKernan, duly seconded by Mr. Palmer, and unanimously passed to support the following application (ZHB Case #1754-07) in the form of a letter to the Zoning Hearing Board. Mr. Palmer stated that the Supervisors' intent was to acknowledge the cooperation of Mr. Sam Fineman with the Township in his efforts to refurbish the Broad Axe Tavern, as well as the Broad Axe intersection.

NO: 1754-07: Application filed by Fineman Realty Partners, LTD as owners of 40 Skippack Pike, Blue Bell, PA, 19422 for variances from the terms of Article XVII, Section 160-114.D.2 and Article XXV, Section 160-193 to allow a 21' 4" x 75' addition to the side of an existing retail building reducing the minimum required side yard setback from 10' to 4' at the subject property. The zoning classification of the subject property is "C" Commercial District.

At this time, Chairman Narducci noted an addition to the agenda regarding the Terrenzio property at 501 Kurt Drive. A motion was made by Mr. Young, duly seconded by Mr. McKernan, and unanimously approved to authorize the Township Solicitor to commence with a lawsuit against Mr. & Mrs. Edward Terrenzio for violation of the Ordinance that governs Change in Watercourse.

Vice-Chairman Palmer called for any comments or questions from the Board. There were none. He asked if any member of the audience wished to address the Board. Mr. David Dahl had questions regarding the Phipps Station project. Mr. Palmer explained that the Zoning Hearing Board approved the change that was requested from ZHB Case #1744-07 at the July 19, 2007 meeting, which granted removal of the age restricted designation.

There being no further business to come before the Board, on motion made by Chairman Narducci, the meeting was adjourned at 8:35 PM.

Respectfully submitted,

Brian W. Young
Secretary

Back to Top