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The regular meeting of the Doylestown Township Board of
Supervisors was held at 7:00 p.m. on Tuesday, June 20, 2006, in
the Doylestown Township Municipal Building, 425 Wells Road,
Doylestown, PA. Members of the Board of Supervisors in
attendance included Walter C. Berry, Chairman, E. Thomas
Scarborough, Jr., Vice Chairman, Barbara Eisenhardt, Barbara
Lyons and Cynthia Philo. Others in attendance: Jeffrey Garton,
Township Solicitor, Stephen J. White, Chief of Police, Mario L.
Canales, Township Engineer and Stephanie Mason, Township
Manager.
Pledge to the Flag:
The meeting opened with a pledge to
the flag.
Commendation: :
Chief White acknowledged Officer Mathew J. O’Connor’s excellent
job for the past 11 years as the DARE Officer at Kutz Elementary
School educating the 6th grade students concerning
how to live a drug and violence free lifestyle.
Visitors/Public Comments:
Ernie Gash told the Board that the Central Bucks West girls’
track team won the state title for the 4 x 4 relay race and also
won the 4 x 8 relay race.
Ms. Charlene Godown told the Board that she hoped that the
mowing of the berms in the Township did not become an issue and
that she believes the Township is following the DEP regulations
with respect to the mowing of the basins within the Township.
Presentation:
None.
Announcements:
The Township Administrative
Offices will be closed on Tuesday, July 4, 2006.
After discussion, on motion of Mr. Scarborough, seconded by Ms.
Eisenhardt, the Board of Supervisors unanimously cancelled the
July 3, 2006 meeting.
The next meeting of the Board of Supervisors is scheduled for
Tuesday, July 18, 2006.
Minutes Approval - Board of Supervisors Meeting–
June 6, 2006.
On motion of Mr. Scarborough, seconded
by Ms. Eisenhardt, the Board of Supervisors unanimously approved
the minutes of the Board of Supervisors meeting of June 6, 2006.
Resolutions and
Commendations:
None.
Correspondence:
Texas Eastern Gas
Pipeline: Ms. Mason referred the
Board to a notice received from Federal Energy Regulatory
Commission indicating their intent to prepare an environmental
assessment for the proposed Texas Eastern incremental market
expansion II project and request for comments on environmental
issues. Ms. Mason explained that if the Board wished to
participate as an intervenor Briefs would need to be submitted
as well as a letter notifying the parties of the Township’s
intention to participate as an intervenor. The deadline to
submit a letter of intent is June 30, 2006. Ms. Mason explained
that between 20 and 30 residents would be affected by this
project. Ms. Mason explained further that Buckingham Township
and Solebury Township plan to participate as intervenors.
After discussion, the
consensus of the Board was to form a response team made up of
the Chief of Police, Fire Marshal, Township Manager and Director
of Operations to compile an emergency plan for the health,
welfare and safety of the Township residents.
Mr. Garton explained that it
would be necessary for the Township to hire special counsel to
deal with this issue if the Township is going to intervene in
that it would require an attorney with expertise dealing with
the Federal Energy Regulatory Commission. Mr. Garton also
explained that if the Township decides to participate as an
intervenor it would not be very expensive to file the notice of
intent and the Township can withdraw its intention to intervene
at any time during the process.
After further discussion, on
motion of Ms. Lyons, seconded by Mr. Scarborough, the Board of
Supervisors unanimously authorized filing a notice of intent to
be an intervenor with the understanding that the Township can
withdraw from the process at any time.
Allied Waste Rate Increase:
Ms. Mason told the Board that Allied Waste will increase its
rate by $.95 per month per residence and that the new rates will
take effect on the next invoice, July, August and September,
depending on the billing cycle for customers. Ms. Mason
confirmed that all carriers must comply with the composting
component of the ordinance.
WORK SESSION:
Solicitor:
Mr. Garton explained that the Board
met in executive session for approximately 15 minutes prior to
the regular meeting to discuss a matter of litigation before the
Zoning Hearing Board concerning billboards along Route 611 and a
proposed settlement.
On motion of Mr. Scarborough,
seconded by Ms. Philo, the Board of Supervisors unanimously
approved executing a settlement agreement of the pending
litigation concerning billboards along Route 611.
Township Engineer:
No report.
Police Report: No
report.
Township Manager:
Notice of Grant
Rejections:
Beautification of Bike/Hike Trails:
Ms. Mason explained that a grant application was submitted for
beautification of the Bike and Hike Trails along bridge
overpasses in the Township. The grant application was not
funded.
Easton Road Traffic
Calming:
Ms. Mason explained that an application for funding of traffic
calming devices for Easton Road was submitted but that it was
not funded.
Supervisors:
Mr. Berry suggested that a budget work session be held at 9:00
a.m. on July 19, 2006.
Ms. Eisenhardt commented that she believes that
this work session should be held in the evening to allow
residents to attend.
Ms. Lyons suggested that every other work session
be held during the evening since not every resident is available
during the evening.
Ms. Lyons commended Karen Sweeney, Director of
Park and Recreation for the excellent job she is doing with the
programs in the Township and the hard work she did on the golf
outing which raised approximately $18,000.
Ms. Philo commented that the graffiti on the
Route 611 Overpass by the R-5 line has been cleaned up by SEPTA
and requested that a thank you note be sent from the Board to
Edward Wallace of SPETA.
Ms. Godown commented that there is more graffiti
at the Shell Station on Route 611.
Ms. Eisenhardt told the Board that she and Mr.
Scarborough successfully completed the National Incident
Management Training on June 17th.
Ms. Eisenhardt inquired about the status of the
vehicles located behind the County’s building at Almshouse Road.
Ms. Mason indicated that she had sent a letter to the County and
spoke with Commissioner Cawley’s office. They indicated that
they would address the matter.
A resident was told that a vehicle with an
expired inspection sticker is a violation of the Township Code
and to prevent being ticketed a vehicle must be stored inside a
garage.
Mr. Berry explained that on June 20, 2006 the
Township took dedication of 23 acres located behind Kids Castle
which will be used as an environmental classroom as well as
bocce courts. Additionally the Park and Recreation Department
will use a portion of the Red Building for classrooms for
educational programs.
Ms. Sweeney explained that a grant was received
which allows the Park and Recreation Department to work together
with the EAC to provide in part environmental classes, place
signs identifying birds species, erect bluebird boxes, bat boxes
and 2 bocce courts with bocce ball rentals available as well as
many different classes and activities to be held at the Red
Building.
PUBLIC HEARING
– Proposed Amendment to Sign/C-1 Zoning Ordinances:
Mr. Garton explained that an ordinance has been prepared
amending the provisions of Article XX, Sign, Article XII, C-1
Commercial District by adding additional uses by right, changing
the lot area and dimensional requirements and other additional
regulations applicable in the C-1 commercial district. Ms. Judy
Stern Goldstein, Planning Consultant, went over the proposed
zoning ordinance amendment and noted the various changes for the
Board among which changes were the addition of the following
uses by right: place of worship, eating place, motel, hotel or
inn and banquet facility.
Mr. Tom Kelso, Planning Commission Member, explained that the
Planning Commission worked on this amendment with a view to
making improvements to the Route 611 corridor. He noted that
the Planning Commission has over the years reviewed a number of
development proposals for this area of the Township and always
noted that they did not like, but never had, an actual plan of
what the Commission would like to see in this area that would be
a maximum benefit to the township, which was the goal of the
Commission in preparing this amendment.
After
discussion, Mr. Scarborough made a motion to approve the
adoption of the Amendment to
Sign/C-1 Zoning Ordinance, as advertised.
This motion was seconded by Ms. Lyons and did not pass.
Ms. Eisenhardt told the Board that she believes
this amendment should not be permitted. She said that there are
approximately 20 residents directly affected by this amendment
but that the other 17,000 residents of the Township should have
been given specific notice of this being on the agenda for
discussion. She said that when an amendment of this magnitude
is being considered then notice should be given to the residents
prior to a vote by the Board. Additionally she commented that
the Township currently has a comprehensive plan that has not
been updated since 1989. She said she believes that this
ordinance could be considered spot zoning. She said also that
the Township has an Act 537 Plan which was approved by the DEP
which was updated in 1999 and approved in 2000. She expressed
concern that commercial development will negatively impact the
ability of residents to connect to public sewers. Ms.
Eisenhardt suggested that sewers for the residents should be a
first priority and then create an ordinance for commercial
development.
Ms. Lyons explained that the proposed zoning
amendment has nothing to do with the Act 537 Plan and if there
is no sewer capacity available no commercial development such as
a hotel would be allowed. She said she believes that this
amendment embodies good planning and that the Planning
Commission has studied the issue and has held 3 public
meetings. Additionally, she commented that the vote by the
Board of Supervisors to advertise the ordinance was unanimous.
Ms. Eisenhardt explained that she voted to
advertise the amendment but that does not mean she is in favor
of the amendment.
Ms. Philo expressed concern that houses of
worship are in the commercial district in that they do not
provide a tax base and that they should be relegated to
residential areas. She said that she believes the commercial
district should be for tax generating businesses.
Ms. Philo also brought to the Board’s attention
that Route 611 is a PennDOT highway and expressed concern about
the increase in traffic that additional commercial development
would bring. She said that she believes the Board must plan for
the entire Township, not just one area and that she is not in
favor of this zoning amendment.
Ms. Lyons explained that Route 611 is not the
only C-1 district in the Township.
Ms. Goldstein explained that the Planning
Commission did look at the traffic associated with this proposed
amendment and that the Traffic Engineer is pursuing grant
proposals to enable the Township to study the traffic issue at
no cost to the Township.
Mr. Kelso commented that the Planning Commission
in its study removed terminal use and did look at the traffic
issue albeit in a broad sense as it did not want to have to deal
with one property at a time with respect to traffic. He also
explained that the Planning Commission met with Bucks County
Water and Sewer Authority to discuss this area of the Township.
He said that he believes this is a good opportunity to get some
development in this area and also extend the sewer lines to
other areas of the Township.
Mr. Scarborough commented that this revision has
been worked on for over two years in an attempt to have
continuity along the 611 corridor and that every segment of
society must be accommodated within the Township. He said that
if we do not have a location for certain uses in a specific area
then, as an example, a hotel could be built anywhere in the
Township. This may never happen but the Board must provide for
it. He said that the Board does not want to provide an
opportunity for a developer to prevail with a curative amendment
and this is a way to protect the Township.
Ms. Eisenhardt said she did not disagree with the
points made but believes that the proper procedure would be to
update the comprehensive plan. She also said that there already
is a hotel; the Stone Manor.
Mr. Scarborough explained that the Stone Manor
Hotel is in Warrington Township, not Doylestown Township.
Ms. Lyons commented that it makes sense to plan
for certain uses and relegate them to a commercial area to
prevent them in other parts of the Township. She also said she
disagrees that the Township’s Comprehensive Plan is not up to
date. She said that the Planning Commission has worked very
hard on this and traffic and sewer issues are planning issues
not zoning issues. She believes the Board should support good
planning.
Ms. Doris Clegg, EAC Chairperson and resident of
the Township, explained that the current zoning would allow for,
among other things, a bowling alley, pool hall, contractor site
that would allow for 30 trucks, a Scheetz on one side of the
road with a Wawa on the other side, and utilities operation
facilities. She said that current property owners have lost
some of their property due to road widening. She said that they
are currently being restricted but no one has suggested lowering
their property taxes. She stated that because of the
dissemination of e-mails and rumors that she believes Barbara
Eisenhardt should recuse herself from any vote on this proposed
zoning amendment.
Mary Bucczynski, a realtor with Weichert Realty,
explained that she is the listing agent for the Godown property
and that no one has approached her with the idea of building a
hotel on this property and there would not be enough sewer
capacity to support a hotel should a developer wish to do so.
Mr. Steve Downs said that he believes the
properties on Route 611 abut two residential properties and
there is a park with a stream to the rear of the property. He
questioned if an environmental study has been performed because
he knows there has been a change in the water flow in the area.
He also stated that there are more than 20 residents affected by
this change of zoning and said he believes the Board should have
spoken with residents in other areas of the Township and
solicited their input. He explained that his property is
impacted by wildlife and will change because of development. He
said that he believes that the availability of EDUs like
everything else in life is on a first come first served basis
and he said he is not confident that the Board will put the
residents before commercial developers.
Ms. Lyons said she is offended by his comments.
Bill Gekler, Warden Road, said he believes the
Board is putting the cart before the horse in that the Board
should have a plan for the area that includes traffic and sewers
prior to enacting a zoning amendment.
Mr. Eric Neal said that there is no shortage of
commercial development in the Township and to enact this
amendment just encourages commercial development.
Mr. Albert Franconia, a Registered Professional
Engineer, explained that he is very familiar with commercial
development and zoning in many areas including around New York
City. He opined that this amendment amounts to spot zoning
which would be illegal in many states around the country. He
said if a developer wants sewers he simply files an application,
pays the fee and goes to the top of the list. He said if this
amendment is passed then sewer capacity will be reached by the
commercial developers and the Authority will have to increase
its rates to serve the needs of the community and expand its
capacity. Residents will have to stand behind the developers
and the capacity will not be increased until there is a change
to the 537 Plan. If the Township does not change its 537 Plan
then the developer will simply hire a consultant and file an
application to modify the 537 Plan. He explained further that
the Township will be put in a position to prove that it is not
in the best interests of the Township for a hotel to be built
but there are smart attorneys like John VanLuvanee or Marc
Kaplin who will get a hotel into the Township. It is short
sighted by the Board to enact this amendment before amending the
Comprehensive Plan and the 537 Plan. If you do not, he said, it
is his opinion that the Board is leaving itself wide open to
spot zoning.
Ms. Charlene Godown addressed the Board and
explained that the Godowns have lived in this Township for 4
generations. She said she personally does not care if the Board
adopts this amendment or not. She believes it was wrong to have
friends knock on doors in the Township using scare tactics by
telling them that the taxes will be raised if this amendment is
adopted. She told the Board that it is her property that has
been referenced at this meeting and that it is for sale and has
been for 5 years. She said that the Inn at Blueberry Hill is an
example of something that is much better and will benefit the
Township.
Mrs. Bingler stated that she has lived in the
Township a long time and believes that comments made by Mr.
Franconia are valid.
Mr. Bingler said that no one asked the residents
what they would like and that he personally believes there needs
to be a change to the buffer dimensions.
Ms. Lyons suggested that the Board direct the
Planning Commission to consider the comments made at this
meeting and look at this amendment again.
Mr. Berry suggested that the Planning Commission
meet with the residents and then make a recommendation to the
Board.
After discussion, the consensus of the Board was
for this matter to be addressed at a public work session meeting
of the Planning Commission on September 12, 2006 at 5:00 p.m.
After further discussion, on motion of Mr.
Scarborough, seconded by Ms. Eisenhardt, the Board unanimously
voted to table this matter indefinitely.
UNFINISHED BUSINESS:
None
NEW BUSINESS:
Land Development Review
Extensions:
Mains Tract Preliminary
Major Subdivision:
(Location:
Pine Run and Ferry Roads) On motion of Mr. Scarborough, seconded
by Ms. Eisenhardt, the Board of Supervisors authorized an
extension of land development review for the Mains Tract
Preliminary Major Subdivision until August 21, 2006.
Pine Run Community
Preliminary Land Development:
(Location:
Ferry Road) On motion of Mr. Scarborough, seconded by Ms.
Eisenhardt, the Board of Supervisors authorized an extension of
land development review for the Pine Run Community Preliminary
Land Development until August 27, 2006.
Gross Tract (a/k/a
Doylestown Green) Final Subdivision:
(Location: Bedford Avenue) On motion of Mr. Scarborough,
seconded by Ms. Eisenhardt, the Board of Supervisors authorized
an extension of land development review for the Gross Tract
(a/k/a Doylestown Green) Final Subdivision until August 29,
2006.
Landis/Snyder
Preliminary Major Subdivision:
(Location: Limekiln and Sandy Ridge Roads) On motion of Mr.
Scarborough, seconded by Ms. Eisenhardt, the Board of
Supervisors authorized an extension of land development review
for Landis/Snyder Preliminary Major Subdivision until August 31,
2006.
Tarry Builders – Final
Minor Subdivision:
(Location: Bedford Avenue) On motion of Mr. Scarborough,
seconded by Ms. Eisenhardt, the Board of Supervisors authorized
an extension of land development review for Tarry Builders Final
Minor Subdivision until October 11, 2006.
2006 Oktoberfest
Performer Contracts:
On motion of Ms. Eisenhardt, seconded by Ms. Lyons, the Board of
Supervisors authorized execution of the 2006 Okoberfest
Performer Contracts as outlined in a memorandum from Karen
Sweeney dated June 13, 2006 in the total amount of $19,025.00.
Zoning Hearing Board
Application: William and Patty Lee, 1063 Almshouse Road -
Request for a Variance: After
discussion the consensus of the Board was to leave this issue to
the Zoning Hearing Board.
Announcements:
The Township Administrative
Offices will be closed on Tuesday, July 4, 2006.
The next meeting of the Board of Supervisors is scheduled for
Tuesday, July 18, 2006.
Adjournment:
There being no further business to
come before the regular meeting, the Board of Supervisors
meeting adjourned at 8:45 p.m.
Respectfully submitted,
Stephanie Mason, Secretary |
Authored by Development Solutions