WHITEMARSH TOWNSHIP BOARD OF SUPERVISORS PUBLIC MEETING MINUTES December 4, 2014

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1 WHITEMARSH TOWNSHIP BOARD OF SUPERVISORS PUBLIC MEETING MINUTES A Regular Monthly Meeting of the Whitemarsh Township Board of Supervisors was called to order on Thursday at 7:00PM in the Whitemarsh Township Building, 616 Germantown Pike Lafayette Hill, Pennsylvania. Supervisors Present: Peduzzi; and James A. Totten Sara J. Erlbaum, Chair; Amy Grossman, Vice-Chair; Robert R. Hart; Cathy Also present: Richard L. Mellor, Jr., Township Manager; Sean P. Kilkenny, Esquire, Township Solicitor; Charles L. Guttenplan, AICP and James C. Sullivan, P.E., Township Engineer. PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE IN HONOR OF ARMED FORCES SERVING HERE AND ABROAD ANNOUNCEMENTS Supervisor Grossman announced: Max s Mission will be working at McCarthy Park on Sunday December 7, 2014 at 8:30 AM to do a cleanup. Residents are invited to join in to help keep Whitemarsh beautiful. Supervisor Hart explained where McCarthy Park is located. Leaf collection by the Township Public Works Department continues. The last day for collection is Monday, December 22. All leaves must be piled on the curb by 6:30AM that day. PUBLIC HEARINGS APPROVAL OF MINUTES 1. November 13, 2014 On a motion by Supervisor Peduzzi, seconded by Supervisor Grossman (Vote 5-0) the Board of Supervisors approved the November 13, 2014 meeting minutes. BOARD PUBLIC DISCUSSION ITEMS 1. Setting Public Hearing for Zoning Amendment - SLD #06-04; The Oaks at Lafayette Hill/Cedar Grove Avenue LIM District Mr. Guttenplan explained the exact location of the proposed development of 163 townhomes. Mr. Richard McBride, attorney for the applicant, explained the request for the Zoning Text Amendment change. He explained the history of the property and requests for development.

2 2 Chair Erlbaum asked Mr. McBride to explain the proposed buffering to the neighboring properties. Supervisor Hart stated some residents had concerns about the development. He thanked Staff and Mr. McBride for working together and Mr. McBride and the developer who are showing a strong interest in doing what is needed to make the development less impactful on residents. Supervisor Grossman asked for a clarification that the developer would not be using any of the streets in Andorra Woods to access the site during construction. Mr. McBride stated not at all. Supervisor Grossman asked about the Red Rambler Drive development on the other side of the site. Mr. McBride said there is a 30 acre buffer to Red Rambler Drive. Supervisor Peduzzi stated it appears there is a stream that runs through the top of the property. Mr. McBride explained there is a pipe that runs through the site. He explained the history of the property as a silt basin from the 1940 s. Supervisor Totten asked the solicitor if he needed to recues himself as he is acquainted with Mr. McBride. Mr. Kilkenny explained the laws requiring recusal. Supervisor Totten stated he did not need to recues himself. Motions 1. Setting Public Hearing for Zoning Amendment -SLD #06-04; The Oaks at Lafayette Hill/Cedar Grove Avenue LIM District On a motion by Supervisor Hart, second by Supervisor Peduzzi (5-0) the Board of Supervisors authorized advertisement of a zoning text amendment to the Limited Industrial Districts for attached dwelling units from 3.2 dwelling units per acre to 3.3 dwelling units per acre. BOARD PUBLIC DISCUSSION ITEMS (cont d.) 2. Land Development Waiver Request SLD # Colonial School District/201 E. Germantown Pike; Cafeteria and sports court improvements Kevin Godshall, the applicant s architect stated the District is requesting a formal Waiver of Land Development for renovations to the High School, including an expansion of the cafeteria into a centralized cafeteria in what is currently a courtyard, with some outdoor seating being proposed. Some pedestrian improvements to the front entrance are also part of this project, including a new canopy at the entrance Mr. Godshall stated the second project involving sports field improvements but the School District only plans to undertake the High School renovations at this time. The District will return at a later date for consideration of the sports field improvements. Supervisor Peduzzi thanked the School Board and the District in being transparent explaining the changes being made. Chair Hart asked Mr. Sullivan what happens if the Board waives Land Development. Mr. Sullivan explained the applicant will obtain an Earth Disturbance Permit application. He stated he has a conceptual stormwater improvement plan for the project, which he will review.

3 3 Action Items Ordinances None Resolutions 1. Land Development Waiver Request SLD # Colonial School District/201 E. Germantown Pike; Cafeteria and sports court improvements adopted Resolution # granting a waiver of land development for SLD #11-14 Colonial School District/201 E. Germantown Pike for the construction of a new cafeteria at Plymouth Whitemarsh High School. Motions 2. Setting Public Hearing for Zoning Amendment - Update Financial Security Requirements Mr. Kilkenny explained the change was recommended by his office. He explained the reason behind the requested change and cited current examples of municipalities who spent a good deal of money collecting on bonds, put up for financial security, by developers who financially went under. The change in this ordinance would require developers to provide letters of credit or other financial provisions deemed appropriate and acceptable by the solicitor s office. authorized advertisement of an amendment to the Zoning Code removing performance bonds as a means to post financial security by developers and other applicants. 3. Setting Public Hearing for Subdivision and Land Development Amendment - Update Financial Security Requirements On a motion by Supervisor Grossman, second by Supervisor Peduzzi (5-0) the Board of Supervisors authorized advertisement of an amendment to the Subdivision and Land Development Code removing performance bonds as a means to post financial security by developers and other applicants. 4. Public Hearing for Zoning Text and Map Amendment - SLD #10-14 Germantown Academy /Lafayette Avenue Institutional Overlay District Mr. Guttenplan explained Germantown Academy (GA) has recently acquired two additional parcels on Lafayette Avenue, which GA intends to consolidate with its existing landholdings. (A lot consolidation plan is also currently under review.) GA has requested that the Institutional Overlay District be applied to these two parcels. Currently, the Institutional Overlay covers the remainder of the school's existing campus and any development is required to follow the regulations of this overlay.

4 4 On a motion by Supervisor Grossman, second by Supervisor Hart (5-0) the Board of Supervisors authorized the public hearing for the zoning text and map amendment change for Germantown Academy, Lafayette Avenue to add two parcels to the Institutional Overlay District. 5 Public Hearing for Zoning Text and Map Amendment - Roberts Avenue CR-H to B Residential Mr. Guttenplan explained the request is to authorize a Public Hearing for a Township-initiated Zoning Map Amendment. The Map Amendment is proposing a rezoning of a two-block area of Roberts Avenue from CR-H Retail Commercial to B-Residential. The rezoning would include all lots which front on either side of Roberts Avenue from Hallowell Street to Durante Street. This area has been zoned CR-H for many years but the vast majority of lots contain residential uses (the majority of which are single-family) and are therefore non-conforming. The remainder of the Cedar Heights neighborhood surrounding this area is similarly zoned B-Residential. authorized the public hearing for the zoning text and map amendment for Roberts Avenue changing the zoning district from CR-H Retail Commercial to B Residential. 6. Conflict Solicitor - Business Privilege Tax Appeals Mr. Kilkenny explained due to Friedman Schuman's representation of Firstrust Bank the Township would need to retain conflict counsel to provide legal guidance on their recently filed Act 511 tax appeals. There are several entities being audited by the Township all of which are subsidiaries of Firstrust. Mr. Kilkenny has recommended the law firm of Dischell Bartle Dooley be engaged by the Township to provide counsel for this tax appeal. He stated the law firm represents various school districts in Montgomery County. On a motion by Supervisor Hart, second by Supervisor Peduzzi (5-0) the Board of Supervisors approved the law firm of Dischell Bartle Dooley as Conflict Solicitor for Act 511 tax appeal cases. 7. Re-dating Approval for SLD # Ava Landholding, Inc./Tisons Homes; 805 & 807 Spring Mill Avenue, Resolution # Mr. Mellor explained staff, in coordination with the Solicitor's office, has been working with the applicant of Ava Landholding, Inc./Tisons Homes, located at 805 & 807 Spring Mill Avenue in order for them to satisfy all the conditions of their final plan approval. The date of the approved resolution was August 21, 2014 which occurred over 90 days On a motion by Supervisor Peduzzi, second by Supervisor Hart (5-0) the Board of Supervisors authorized the re-dating the approval for SLD #13-13 Ava Landholding, Inc./Tisons Homes; 805 & 807 Spring Mill Avenue, final plan resolution # PUBLIC COMMENT PERIOD BOARD MEMBER COMMENTS None

5 5 ANNOUNCE EXECUTIVE SESSION Chair Erlbaum announced the Board of Supervisors held an Executive Session before this evening s public meeting where the Board discussed personnel and litigation. ADJOURNMENT On a Motion by Supervisor Grossman, seconded by Supervisor Peduzzi, the meeting was adjourned at 7:50 PM. Respectfully submitted, Richard L. Mellor, Jr. Township Manager