A Work Session of the Whitpain Township Board of Supervisors was held on Tuesday, March 18, 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 March 18, 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. Township Solicitor James J. Garrity, Esq., Township Manager Phyllis C. Lieberman, Assistant Township Manager/Township Engineer Roman M. Pronczak, Director of Finance M. Elizabeth McBride, Police Chief Mark A. Smith, Director of Public Works Ronald J. Cione, Director of Code Enforcement Michael E. McAndrew, and Fire Marshal David M. Camarda were also present. Director of Parks and Recreation Kurt W. Baker was absent. One reporter and 5 members of the public were also present.

The Supervisors reviewed the agenda discussing approval of the minutes of the March 4, 2008 Supervisors' Meeting, approval of the Treasurer's Report for the month of February 2008, approval of a request from the Centre Square Fire Company to waive the permit fees for the door replacement project which is scheduled for April 2008 at the main station, authorization for the Chairman and Secretary to sign on behalf of the Township a pillar agreement with Whitpain Realty Associates, L. P. owners of 1510 DeKalb Pike to allow the installation of lighting fixtures within the ultimate right-of-way, adoption of Resolution Number 850 proclaiming April 24, 2008 as Earth Day in Whitpain Township, a public hearing on Ordinance Number 9-14-1 amending the Traffic Impact Fee section to allow the Board of Supervisors to provide a credit of up to 100% of the applicable impact fee for development which is determined to serve an overriding public interest, and several Zoning Hearing Board applications.

Russell Bellevance, President of the Wissahickon Valley Historical Society and John Simon, Executive Director then spoke to the Board about the 1895 School Building that the Township owns and they rent. They explained that the building is in need of repair. It needs a new roof and work needs to be done on the chimney and basement. They noted that they will be receiving some grant money, but that they need assistance coming up with the local match and wondered if the Township would be willing to help. They explained that the building is on the National Register of Historic Places. Their lease expires in 2011 and if they are going to invest in the building repairs, they would want to extend that lease. The Supervisors asked them to prepare a specific list of what needs to be done and the estimated cost and to submit that to the Supervisors for further discussion.

The Supervisors discussed a legal matter.

The Supervisors then left for the public meeting.

At approximately 8:50 PM the Work Session was reconvened.

The Supervisors continued the legal matter discussion.

At approximately 9:30 PM the Work Session was adjourned.

Phyllis C. Lieberman
Whitpain Township Manager

#6 - 2008

The regular meeting of the Whitpain Township Board of Supervisors was held on Tuesday, March 18, 2008 at the Whitpain Township Building, 960 Wentz Road, Blue Bell, PA. Supervisors Joseph J. Palmer, Brian W. Young, Anthony F. Greco, William L. McKernan, and Adam Zucker were present. Township Manager, Phyllis C. Lieberman, Township Engineer/Assistant Township Manager, Roman Pronczak, Township Solicitor, James J. Garrity, Director of Finance, M. Elizabeth McBride, Code Enforcement Officer, Michael E. McAndrew, Police Chief Mark A. Smith, Fire Marshal David M. Camarda, Director of Public Works, Ronald J. Cione, and Recording Secretary, Michele Alifano were also present. Park and Recreation Director, Kurt W. Baker was absent. There were approximately 25 members of the public in attendance.

Following the Pledge of Allegiance, Chairman Palmer called the meeting to order.

A motion was made by Mr. Young, duly seconded by Mr. Greco, and unanimously passed to approve the minutes of the March 4, 2008 Board of Supervisors' Meeting.

A motion was made by Mr. Young, duly seconded by Mr. Zucker, and unanimously passed to approve the Treasurer's Report for the month of February, 2008.

A motion was made by Mr. Young, duly seconded by Mr. Zucker, and unanimously passed to approve a request from Centre Square Fire Company to waive the permit fees for the door replacement project that is scheduled for April, 2008 at the main station.

A motion was made by Mr. Young, duly seconded by Mr. McKernan, and unanimously passed to authorize the Chairman and Secretary to sign on behalf of the Township a Pillar Agreement with Whitpain Realty Associates, L.P., owners of 1510 DeKalb Pike. This agreement will permit the installation of lighting fixtures within the ultimate right-of-way of DeKalb Pike, on the condition that the light fixtures will be removed if any future road widening, repair or excavation is necessary.

A motion was made by Mr. Zucker, duly seconded by Mr. McKernan, and unanimously passed adopt Resolution Number 850, a resolution proclaiming April 24, 2008 as Earth Day in Whitpain Township.

As advertised, a public hearing was held for Ordinance #9-14-1, an Ordinance amending the codified Ordinances of the Township of Whitpain, Chapter 129 (Subdivision and Land Development), Article I (General Provisions), Section 129-5 (Traffic Impact Fees), Subsection "P" (Credit) to allow the Board of Supervisors to provide a credit of up to one hundred percent (100%) of the applicable impact fee for development which is determined to serve an overriding public interest. Chairman Palmer called for any comments or questions from the Board or the audience. There were none. A motion was made by Mr. Greco, duly seconded by Mr. McKernan, and unanimously passed to adopt Ordinance #9-14-1. A verbatim record of this hearing was taken by a court stenographer.

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

NO. 1770-08: Application filed by John R. & Maria C. Carpenter as owners of the property located at 1390 Spruce Street, Blue Bell, PA, 19422 for variances from the terms of Article VII, Section 160-15 and Article XXV, Section 160-193 to replace the existing 14' x 16' open sided porch with an enclosed 14' x 16' sun room addition reducing the minimum required aggregate side yard from 100' to 97' at the subject property. The zoning classification of the subject property is "R-1" Residence District.

NO. 1772-08: Application filed by Richard W. & Kathleen A. Allgood as owners of 41 Jefron Drive, Ambler, PA, 19002 for variances from the terms of Article VII, Section 160-31 and XXV, Section 160-193 to allow the enclosure of the existing 12' x 25' carport to form a garage and shed within the side yard, reducing the minimum required side yard from 25' to 17' at the non-confirming subject property. The zoning classification of the subject property is "R-2" Residence District.

NO. 1773-08: Application filed by Deer Lake Development, Inc. as owner of 1980 Morris Road for the following relief at the subject property:

1. Variance from the terms of Article XXIII, Section 160-180.C and Section 160-182.2.A to allow the following:

a. Applicant to display a maximum total of five (5) flags at the Deer lake Development. The flags will measure 3' x 12' or, thirty-six (36) square feet and will be posted in the ground with a fifteen foot (15') PVC pole. Three (3) of the flags contain the following messages: "Welcome," "Model" or "Open". The flags are red, white and blue with letters and will be placed on the front lawn of the model home. On the weekends, Saturday and Sunday only, there will be two (2) flags consisting of gold and black with no lettering posted on the exterior of the Deer Lake development on either side of the entrance. The flags will remain in place until the last home in the development is sold.

2. Variances from the terms of Article XXIII, Sections 160-182.2.F.(1) and Section 160-182.2.F.(3) to allow the following:

a. Placement of four (4) off premises, temporary directional signs to be posted at (1) DeKalb Pike and Morris Road; (2) North Wales Road and Morris Road; (3) North Wales Road and Skippack Pike; and (4) DeKalb Pike and Skippack Pike. The temporary directional signs will be posted fifty-two (52) times during a 12 month period. Each posting event will be comprised of three (3) consecutive weekend days (i.e. the signs will only be posted on Friday, Saturday and Sunday of every week for one (1) year).The signs will be freestanding and non-illuminated and measure 18 x 24 inches. The signs will be constructed on lightweight laminated cardboard and will be mounted on free-standing poles. The signs will not exceed a height of two (2) feet.

The zoning classification of the subject property is "R-3A" Low-Intensity Multifamily District.

NO. 1774-08: Application filed by Amberley at Blue Bell, LP as owners of the property located at 1971 Morris Road, Bell, PA, 19422 for the following relief:

1. A variance from the terms of Article XXIII, Section 160-182.2.A. to allow a maximum of five (5) flags within the subject property. The flags are twenty-four (24) square feet and will contain the following messages: One (1) Flag will read "Now Leasing", One (1) flag will read "Welcome", and three (3) flags will contain no words. All the flags are red, white and blue with black lettering. Each flag will be posted in the ground with a twelve (12') foot PVC pole. The flags will be at the following locations: (1) Morris Road and Amberley Drive (entrance of complex); (2) Intersection of Township Line Road and Amberley Drive (entrance of complex); (3) within the Apartment Complex in front of the Sample Unit and (4) Two locations along Amberley Drive within the complex. Should the location of Sample Unit change, Applicant will move the pole and flag to the new location. The flags will remain in place until no later than December 31, 2009.

The zoning classification of the subject property is "R-3" Multi-Family District.

NO. 1775-08: Application filed by Phillip & Janet Salemno as owners of the property located at 47 Betsy Lane, Ambler, PA, 19002 for a variance from the terms of Article XXII, Section 160-165.A to allow a second story addition in the floodplain conservation district at the subject property. The first floor addition was previously approved for a floodplain variance by Zoning Hearing Board Decision #921-93. The zoning classifications of the subject property are "R-2"Residence District and "FP" Floodplain Conversation District.

NO. 1776-08: Application filed by David P. & Michele R. Perkins as owners of the property located at 40 Meade Road, Ambler, PA, 19002 for variances from the terms of Article VII, Section 160-31 and Article XXV, Section 160-193 to allow a 2,123 sq. ft., two-story addition to the side of the house reducing the minimum required side yard from 25' to 12' and reducing the minimum required aggregate side yards from 60' to 26' at the subject property. The zoning classification of the subject property is "R-2" Residence District.

NO: 1777-08: Application filed by Peter S. and Stephanos P. Kyriakodis and Sophia O'Donnell as owners of the property located at 854 Second Avenue, Blue Bell, PA 19422 for the following relief at the subject property:

1. A special exception under the terms of Article XXII, Article 160-166.F to allow parking facilities in the Floodplain.

2. A variance from the terms of Article XXIV, Article 160-183.A.(1) to allow for current parking to suffice for the three (3) required parking spaces for a home occupation and for the four (4) required parking spaces for the owner and tenants.

3. Variances from the terms of Article XVII, Article 160-112, Article XXV, Section 160-202.A & Section 160-202.B to allow two (2) family members and one (1) non-family member who are residing in the home to practice the home occupation and to allow attached in-law suite to be rented to tenants for residential use.

The zoning classification of the subject property is "C" Commercial District.

The Board of Supervisors then considered the following application to the Zoning Hearing Board:

NO. 1761-07: Application filed by The Gallagher Group/Muckish Mountain Management as owner and tenant of the property located at 1533 Skippack Pike, Blue Bell, PA 19422 for variances from the terms of Article V, Section 160-11, Article VII, Section 160-28, and Article XXVI, Sections 160-206 and 160-207 to add a staff recruiting company as a second non-conforming use, to add an auto detailing company as a third non-conforming use, and to allow Mr. Ron's Administrative office to remain at the subject property. The zoning classification of the subject property is "R-1" & "R-2" Residence District.

Chairman Palmer commented on the Gallagher Group/Muckish Management application indicating that the Board would withdraw their opposition provided that the applicant restrict the use on the property to residential in the front and office use in the rear, and no longer have the contractor's yard or detailing activities as part of the application. 

A motion was made by Mr. Young, duly seconded by Mr. McKernan, and unanimously passed to withdraw the Board's opposition to the application.

The Board of Supervisors then considered the following application to the Zoning Hearing Board:

NO. 1768-08: Application filed by Paul E. Zimmerman Revocable Trust of 1997 as owner of the property located at 1220 Wentz Road, Blue Bell, PA, 19422 for the following relief at the subject property:

1. A special exception from the terms of Article XXVI, Section 160-206 and Section 160-207 to permit a landscaping contractor's yard for storing landscaping materials and vehicles, and for storage of a general contractor's vehicle as a change of nonconforming use of the same class of use as the existing use on the subject property.

2. A variance from the terms of Article XII, Section 160-70 to permit the resident/nonconforming farm property to include a landscaping contractor's yard for storing landscaping materials and vehicles, and for storage of a general contractor's vehicle on the subject property.

3. An appeal from the Zoning Enforcement Notice mailed December 20, 2007, citing violation of Article XII, Section 160-70 (Permitted Uses).

The zoning classification of the subject property is "R-7" Residential District.

Mr. McKernan remarked that the applicant is already in violation of Whitpain Township's Zoning Code, has been issued a Zoning Enforcement Notice, and that he should not be allowed to resolve that violation through zoning relief.

A motion was made by Mr. McKernan, duly seconded by Mr. Greco, and unanimously passed to send the Township Solicitor to oppose the application.

The Board of Supervisors then considered the following application to the Zoning Hearing Board:

No. 1769-08: Application filed by Cricket Communications as tenant of the property located at 640 Skippack Pike, Center Square, PA, 19422 for the following relief at the subject property:

1. A variance from the terms of Article XVII, Section 160-112 to permit the construction and operation of a wireless communications service facility on the existing water tower. The proposed facility consists of three (3) communications antennae and two (2) equipment cabinets.

2. Variances from the terms of Article XVII, Section 160-113 and Article XXV, Section 160-191.A to increase the maximum height in the "C" Commercial District from 40' to 173.7'.

3. A variance from the terms of Article XVII, Section 160-114.C and Article XXV, Section 160-192 to reduce the minimum required front yard from 25' to 17'.

4. A special exception under Article XXVI, Sections 160-206, 160-207 and 160-208 to permit the construction and operation of a wireless communications service facility on the existing water tower, consisting of three (3) communications antennae and two (2) equipment cabinets with a maximum height of 173.7'.

5. All additional relief from the terms of the Whitpain Township Zoning Ordinance, including, but not limited to, any approvals, certifications, waivers, design exceptions, variances ,expansion of non-conforming uses, or expansion of non-conforming structure that may be deemed necessary or required to develop the subject property as proposed by the application and all supporting documentation.

The zoning classification of the subject property is "C" Commercial District.

Mr. Young stated that after reviewing both the plan and the application, he found conflicting information. The application indicates an increase in overall height to 173.7 feet, while the drawing indicates a structure of approximately 120 feet in overall height, including the antenna. Mr. Palmer added that if it is found through clarification that the drawing is correct and the structure is actually 120 feet in height, than the Board would withdraw its opposition to the application.

A motion was made by Mr. Young, duly seconded by Mr. Greco, and unanimously passed to send the Township Solicitor to oppose the application.

The Board of Supervisors then considered the following application to the Zoning Hearing Board:

NO: 1778-08: Application filed by CCS Associates, L.P. as owner and First Priority Bank as tenant of the property located at 1061 DeKalb Pike, Blue Bell, PA, 19422 for a variance from the terms of Article XXIV, Section 160-183.B.(2).(r) to reduce the required number of parking spaces from 16 to 7 for a bank use at the subject property. The zoning classification of the subject property is "C" Commercial District.

George Broseman, Esq. was present to represent the applicant, and he provided a brief presentation as to the relief that is being requested. Mr. Broseman stated that a bank is a permitted use within the "C" Commercial District, and he pointed out that banks are in the same class of use as offices. With the amendment to the Zoning Ordinance in 2006, the requirement for parking spaces for banks is currently one space for every 150 sq. ft., plus one space for each employee, whereas the parking requirement for office use is less stringent with the requirement being one space for every 250 sq. ft. Mr. Broseman added that First Priority Bank operates more like an office than a typical retail banking establishment, therefore it will generate less traffic and not have a great deal of parking demands. There will be no ATM or drive-up window. At this time, Ms. Mary Ann Messmer, president of First Priority Bank and also a resident of Whitpain Township, made a presentation to the Board. She remarked that this branch of First Priority Bank is primarily a loan production office, which operates generally by appointment. There was a series of questions from the Board regarding the daily operations at the establishment. Mr. John Wichner, P.E. of Traffic Planning & Design was also present for the applicant, and he provided results of a traffic study that was conducted which incorporated the number of average customer visits per hour. Further discussion ensued, but ultimately the Board had its reservations because the location has other tenants to consider and the parking has already been proven to be problematic.

A motion was made by Mr. McKernan, duly seconded by Mr. Greco, and was passed to send the Township Solicitor to oppose the application. Mr. Zucker recused himself from the vote.

Vice-Chairman Young then called for any comments or questions from the Board. There were none. He then called for any comments or questions from the public. There were none.

With no further business to come before the Board, Vice-Chairman Young adjourned the meeting at 8:45 p.m.

Respectfully submitted,

Anthony F. Greco, 
Secretary

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