Board of Supervisors Meeting Minutes

7:30 p.m., May 26, 2009

Present: Stephen R. Conary, Georgia F. Brutscher, Lauressa J. McNemar, P.E.

1. Call to order: The meeting was called to order at 7:30 p.m. by Conary.

2. Pledge of Allegiance.

3. Announcements: Conary and Brutscher met with owners of Lot #2, 584 Corinne Road regarding tree replacement and landscape issues. Conary and Township personnel met with a vendor to discuss electronic management of Township records. McNemar and Conary met with Township Engineer to discuss MS4 stormwater issues and to plan Township-wide information sessions scheduled for June and July. Brutscher announced Kennett Area Regional Planning Commission (KARPC) did not meet in May due to the primary election. KARPC will meet in June but will not meet in July and August. McNemar announced that energy saving components for the adaptive reuse of the Barnard House as Township Offices and museum space for the Kennett Underground Railroad will be included in the American Recovery and Reinvestment Act (ARRA) Grant application to be submitted by the Township by June 15^th. Conary noted recent communications with residents of Riverside regarding traffic concerns in their community.

4. Public Comment: Kristen Julier, Lot 1, Overlook Circle, inquired as to the status of the installation of walking trails in her community. She reviewed the subdivision plan with the builder who may not be planning to construct the trail. Board noted that an escrow fund established during the review of the subdivision includes funds to install walking trail and a footbridge to connect the trail with a Township trail. Builder is responsible for constructing the walking trail. McNemar noted that a permit to install the footbridge for the stream crossing was issued by the Department of Environmental Protection. The permit expires in 2010. Zeke Hubbard, Chair, Park, Recreation and Trails Committee invited Julier to attend the next Committee meeting to learn more about the proposed master trail plan for the Township.

5. 1740 Lenape Road, “Pennwycke”/Galer:

a) Background – Kristen Camp, Esquire, and Kelly & Close Engineers (K&C)(P.J. Close, P.E. and John Ruszkay, E.I.T.), and Wayne Simpson, AIA, appeared on behalf of Bradley and Lele Galer (Applicants) to discuss the construction of a winery. Lele Galer was in attendance. Engineers presented a sketch plan dated May 15, 2009 for review. Camp provided background on the purchase of the parcel by Applicant in 2000 noting a negotiation with Royal Bank that included multiple iterations of the four-lot subdivision to be known as Pennwycke. Lot 4 (2.39 acres) was dedicated to the Township. Applicant resides on Lot 1 and various outbuildings and 7 acres of cultivated grapes to be harvested in 2010 are planted on Lots 2 and 3. The approved subdivision plan allows for a shared driveway that serves Lots 2 and 3 from Route 52 . Applicant proposes construction of a 3,000 square foot facility to process grapes utilizing a gravity feed system. Wine would to be piped down the slope to a truck outfitted with a tank for transport to bottling facility. Building will be constructed on Lot 2 in an area that includes in excess of 25% slope that is allowed by Code. Ten (10) parking spaces will be required for workers who harvest/process grapes. Access to building from parking lot will be by gravel path. Applicant believes proposed winery building fits zoning because it is in the agriculture zone. No commercial application such as sales or wine tasting is planned. Applicant wishes to retain the building rights on Lots 2 and 3.

b) Discussion – Board questioned Applicant as to the volume of wine to be processed at the facility. Applicant confirmed no grapes will be trucked in from other vineyards. Applicant will require modification to Paragraph 4 of the Conservation Easement recorded September 16, 2005, which outlines rights expressly reserved for the Applicant including permitted improvements and additional nonresidential improvements.

c) Summary – Questions to be answered and final comments include – (1) when does the wine processing become commercial and not agricultural; (2) can Lot 2 sustain construction of a dwelling per the approved plan as well as a winery; (3) will Applicant have to give up building rights for Lots 2 and 3 in order to proceed with winery construction; (4) natural features of the site make it difficult to construct the winery as shown on the sketch plan (5) can the Applicant demonstrate that the shared driveway to Lots 2 and 3 can still be installed considering a portion of the stormwater management system for that driveway is located where the proposed winery is planned. Board agreed to consult Township Solicitor regarding the Applicant’s sketch plan proposal.

6. East Side Pocopson Road/Becker Parcels 63-4-148 and 63-4-148.1 Preliminary Plan Review: Barry G. Stingel, RLA, Vice President, Hillcrest Associates Inc. and Jack and Mike Becker (Applicant) appeared before the Board to review a Preliminary Plan reviewed by the Planning Commission (PC) on May 20, 2009. Stingel described the project as proposed office use with conversion of one residence to an office. He acknowledged that Applicant will have to go before Zoning Hearing Board for relief and as such, will request support of the Board on certain provisions. At issue is the access and lane widths proposed as well as the designated loading area as required by Code to support the commercial use of the property. During PC review, Longwood Fire Company representative voiced concern that the lane adjacent to the building provides insufficient collapse zone to accommodate emergency service vehicles, specifically a ladder truck. In order to enlarge collapse zone, Applicant will be required to install a four-foot retaining wall within the setback/buffer. PC agreed with installation of retaining wall which will also serve to provide a loading zone. The loading zone will accommodate deliveries by UPS, FedEX, or other delivery services. The retaining wall is a structure that will not encroach upon the floodplain.

Additional concern is site soils comprised of Glenville Silt Loam which is defined in Section 260-6 of the Zoning Ordinance as a seasonal high water table soil therefore limiting disturbance to 20% of the site area. Applicant’s testing by Ingram Engineering Services, Inc., interprets the site as Glenville Silt Loam but not seasonal high water table. Applicant seeks to ask the Board to grant modification of the Section based on submission of the soil report.

Discussion – Applicant explained vision for project as mixed use of office buildings for professionals with limited storefront retail. Parking will meet Code requirements with use of designated compact car parking and 90-degree parking areas. Intent is to connect to wastewater treatment facility. Board suggested that to maintain historical architectural character Applicant should use less industrial-looking exterior lighting. Board supports recommendation by Longwood Fire Company for installation of fire hydrant in the area of Route 926 and Pocopson Road for use by emergency service personnel responding to the office buildings. Township will contact Chester Water Authority regarding the installation.

Motion: Conary moved that pending concurrence by Township Engineer that Applicant has demonstrated to the satisfaction of the Board that the soil finding is consistent with and warrants modification of the 20% disturbance limit of the site area and that Board agrees to support Applicant’s submission to the Zoning Hearing Board; Brutscher seconded; motion approved unanimously.

Motion: Conary moved that pending concurrence by Township Engineer, Board agrees to recommend support for Applicant’s request to construct a four-foot retaining wall to accommodate a loading space for buildings with commercial space exceeding 6,000 square feet of gross leasable area and to provide a collapsible zone for emergency responder vehicles; McNemar seconded; motion approved unanimously.

7. Public Works: Board reviewed recent Pennsylvania Department of Environmental Protection (PA DEP) dumpsite report at Pocopson Park. Board will send a letter to PA DEP verifying removal of the substance and include receipts from the landfill where the substance was properly disposed. Secretary reported Township has received complaints regarding tall grass and weeds on the property located at 1742 Lenni Drive. A letter was sent to the property owner requesting removal of the weeds and to mow the grass to a generally accepted height. Secretary is directed to research text for a resolution or ordinance regarding property maintenance.

8. Planning Commission Report: Breiseth submitted one additional change to Draft Sign Ordinance to include setback distances for all signs. In addition, she proposes to include language to regulate size/setback issues in order to address billboards. Secretary will send Draft Ordinances to Board with proposed text. Brutscher will contact Solicitor regarding billboards.

9. New Business: McNemar reviewed data and cost ranges for grant opportunity for adaptive reuse of Barnard House noting that funding requires a 25% match from the Township.

Motion: Brutscher moved that the Township commit up to $50,000.00 matching funds as required by the ARRA grant; Conary seconded; motion approved unanimously.

McNemar reported the estimate for the energy audit required by the ARRA grant is $2,000.00.

Motion: Conary approved the expenditure of $2,000.00 for the purpose of conducting an energy audit of the Barnard House as required by the ARRA grant; Brutscher seconded; motion approved unanimously.

Secretary reported that Ann Barton Brown, consultant for the Kennett Underground Railroad Center, volunteered time to meet with a Township representative to discuss master fundraising strategy for the historic preservation component of the Barnard House. Brutscher agreed to contact Township Historical Committee to identify a representative. Secretary requested guidance regarding a resolution to adopt operation and maintenance plan (O&M) for Township facilities and municipal vehicle/repair procedures. McNemar suggested Secretary review the MS4 permit with the Public Works Department.

10. Old Business: Secretary continues to research documents regarding Ebling/Bowie building permit plan including a shared driveway agreement. Township Engineer continues to review building permit plan. Board discussed need to draft escrow agreement for tree replacement for Berlin three-lot subdivision. Secretary reviewed résumés for part-time file clerk opportunity. Board agreed that Secretary should proceed with interviews.

11. Treasurer’s Warrants: Signed and approved as submitted.

12. Correspondence: Four letters submitted by Park, Recreation, and Trails (PRT) Committee discussed as follows:

§ Lawrie Bolger requested Board response regarding an email list management system to improve communication with residents. Email alerts will be used as reminders for Township activities and as a cost-saving measure to produce e-newsletters. Conary reported that Township is currently considering options to update the web site and include a listserv mailing list – tasks that are priority action items for the Board. Board will discuss with part-time Township personnel the feasibility of subscribing residents for the listserv during Founders Day. Bolger also asked the Board to consider expanding PRT services to include community fireworks displays and concerts in the park. Board will consider the suggestions although liability concerns and costs may preclude the Township from hosting a fireworks display.

§ Board agreed that at this time the Township will not name the County transfer land as it is protected open space currently leased for farming.

§ Board acknowledged PRT’s review of the Becker Preliminary Plan noting that no trail is recommended for the site.

§ Board acknowledged letter regarding PRT report that County walked the proposed trail layout along Wawaset Road to finish the Lenape Loop and County has made suggestions as to their desires for the layout. Next step is Township to authorize mapping and easement language. PRT and Township budget review required prior to authorization for trail funding.

13. Review of Minutes: Motion: Brutscher moved to approve the Minutes of May 11, 2009, as revised; Conary seconded; motion approved unanimously.

14. Adjournment: At 11:15 p.m. Conary moved to adjourn the meeting; Brutscher seconded.

___________________________________ _____________________________

Susan E. Simone, Administrative Secretary Stephen R. Conary, Chair