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The Regular Meeting of the Doylestown Township
Board of Supervisors was held at 7:00 p.m. on Tuesday, May 6,
2008 at the Doylestown Township Municipal Building, 425 Wells
Road, Doylestown, PA. Members of the Board of Supervisors in
attendance included Barbara N. Lyons, Chairman, E. Thomas
Scarborough, Jr., Vice Chairman, Barbara Eisenhardt, Cynthia
Philo, and Jeffrey Bennett. Others in attendance included
Jeffrey Garton, Township Solicitor; Stephen J. White, Chief of
Police; Mario Canales, Township Engineer and Stephanie Mason,
Township Manager.
PLEDGE OF ALLEGIANCE
Ms. Lyons announced that this meeting is being
recorded from various places in the meeting room.
PRESENTATION:
Carrollton Blueberry Hill Associates:
Solicitor Garton said the applicant requests
relief from the zoning ordinance regarding a daycare center
being permitted in the shopping center district. Mr. Gundlach is
seeking a use variance to permit a daycare facility in the
building to the rear of the site.
Mr. Gundlach, Attorney representing the
applicant, introduced Tom Deignan, Principle owner, Brian
Zappala, Bohler Engineers, and Matt Jarmel on behalf of the
Learning Experience. The applicant has filed an application for
a use variance to allow the daycare use as part of the shopping
center use on the Blueberry Hill property. The project was
approved for 35,500 sq. ft. of mixed use development. He asked
the Board of Supervisors not to oppose the application to the
Zoning Hearing Board for the use variance. The parking that has
been constructed that is onsite and offsite is better suited for
the daycare use than multiple retail tenants in that 16,000 sq.
ft. building. We submitted an engineering plan where the outdoor
play area could be designed and constructed and be incompliance
with the zoning ordinance. Our Engineer ran the calculations to
confirm that it complies with relief granted by the ZHB, and it
does not exceed additional woodland disturbance and the
impervious surface is under what is permitted by code.
Brian Zappala confirmed that the play area would
be secured by a 3 ft. retaining wall. In addition, the parking
space requirements for the daycare use occupying the 16,000 sq.
ft. building has four less parking spaces that will be taken out
of the reserve area.
Mr. Gundlach continued that the maximum number of
students that will occupy that building is 197.
Ms. Lyons asked the applicant how they arrived at
the calculation of 197 maximum children that would occupy that
building.
Mr. Jermal explained the occupancy of children is
based upon the state regulation for childcare and it is a ratio
of the net square footage for each individual room.
Ms. Lyons expressed that 250 children could
occupy that size building.
Mr. Gundlach agreed to a condition that the
maximum number of children to occupy that building would be 197.
Ms. Lyons expressed concerns about the number of
cars that would increase and amount of pickups and drop offs
that would increase with the size of this building, which is
twice the size of any other daycare center in this area. Pennoni
Associates provided calculations and, based on a comparison of
the trip generation data, a daycare center would generate
significantly higher amount of trips during the AM and PM peak
hours on an average weekday than a shopping center use.
Mr. Jermal explained that 25% of enrollment will
be parents with more than one child so we anticipate that 25% of
the children will be two to a car, and the retail shops are
closed during peak hours of 6:30AM – 9:30 AM.
Ms. Eisenhardt commented that daycare centers
do belong in shopping centers, but expressed concern that
the correctional facility is so close and she would like to see
the Board look at this relative to our Comprehensive Plan.
Ms. Lyons asked for any public comments. There
were none.
Solicitor Garton explained that the Board can
leave this matter to the discretion of the ZHB; send a letter in
support; or send Township Solicitor in opposition to the
application.
Ms. Eisenhardt made a MOTION to leave the matter
to the Zoning Hearing Board. The motion died for lack of a
second.
Mr. Bennett made a MOTION to send our Township
Solicitor in opposition to the Zoning Hearing Board for the
Carrollton Blueberry Hill Associates’ application.
Ms. Philo asked is the Board sending our Township
Solicitor to the ZHB to object to the issues of parking spaces,
traffic and the impervious surface.
Mr. Garton replied everything associated with the
use variance.
Ms. Philo seconded the MOTION made by Mr.
Bennett.
MOTION was ADOPTED 3-2. Mr. Scarborough and Ms.
Eisenhardt opposed.
VISITOR/PUBLIC COMMENT:
Don Gee, Member of the Community Service and
Veterans Memorial Committee, asked why two of the Supervisors
are interfering with the operations of this committee?
Ms. Philo replied she asked a question of the
chairman of that committee as to whom the committee selected to
be recipients for the memorial awards as a follow-up to an
individual who she had given as one of the military
representatives who suddenly is no longer able to do it. She
felt as a Supervisor, she is entitled to have those names and
would not share those names with anyone. She apologized if the
committee felt that it was interference.
Mr. Gee asked Ms. Philo why she needs the names
that we are keeping secret.
Ms. Philo replied because she is a Supervisor,
and this is a committee of the Township and she simply asked for
the names.
Mr. Gee commented this committee has worked on
this project for eight years with no help from anyone. He asked
for the committee to be left alone.
Ms. Philo explained that her discussions were
with the chairman of the committee and it had nothing to do with
indicating what the committee can or cannot do.
Ms. Lyons conveyed an apology on behalf of the
Board of Supervisors to Mr. Gee and his committee.
Ms. Eisenhardt explained that all of our
committees have been advisory in nature in that they report to
the Board of Supervisors and it should not be taken in a
negative way.
Ms. Lyons announced that the Memorial Dedication,
the unveiling, will be held on May 17, 2008 at 11:00 A.M. and
the Board of Supervisors are invited to attend and she thanked
the committee for their efforts.
ANNOUNCEMENTS:
Ms. Lyons announced that the next meeting of the
Board of Supervisors is scheduled for Tuesday, May 20, 2008 and
the Township Road Inspection will be held on Tuesday, May 20,
2008 at 4:00 PM.
APPROVAL OF MINUTES – April 15, 2008:
Mr. Scarborough made a MOTION, seconded by Mr.
Bennett to approve the minutes of the April 15, 2008 Board of
Supervisors Regular Meeting
MOTION was ADOPTED 5-0.
CORRESPONDENCE:
Telecommunications Advisory Board Resignation:
Ms. Mason announced that Fred Haeusel will be
resigning from the Telecommunications Advisory Board, and we
also have a letter of interest from Mr. Ebenbach. She asked the
Board for their approval to advertise the opening for the
position and schedule a meeting thereafter.
The Board agreed.
REPORTS:
Solicitor: None
Township Engineer: None
Police Chief:
Chief White announced that on April 23, 2008,
Officer Bill Mokriski conducted the Graduation of the D.A.R.E.
class at Kutz Elementary School, and he was recognized for
completing 20 years that our Department has been involved with
Kutz Elementary School. Our Police Department was one of five
out of 42 police departments in Bucks County that was recognized
by NOVA (Network of Victims Assistance) for victims in our
community. On May 1, 2008, Detective Matthew O’Connor was
recognized by BARC in appreciation of Matt’s support, empathy
and professionalism in handling a crucial investigation of their
agency and was presented with a community award.
Due to the tragedy of the killing of a
Philadelphia Police Officer this past weekend, the Bucks County
Law Enforcement Community will be having a Police Memorial
Service at St. Andrews Church in Newtown at 7:00 PM on Thursday,
May 8, 2008 and he invited the community to recognize the
officers participating in the ceremony along with members of the
families of slain officers of Bucks County.
Ms. Lyons announced that she attended the
Pennsylvania Fraternal Order of Police Memorial Service in
Harrisburg, and she was able to express her gratitude to the FOP
for the work they do to support families of police officers.
Chief White was on the front page of the
Intelligencer Newspaper running as this Central Bucks region is
considered the 5K Capital of the County because of Chief White.
She thanked Chief White and his department on behalf of the
Board of Supervisors, who deserve credit for all the work that
they do for the community.
Township Manager:
Ms. Mason announced that the Touch-a-Truck was a
wonderful event last Saturday and we estimated 500-700 people in
attendance.
Supervisors:
Mr. Scarborough said he participated in a tree
and shrubbery planting event on Arbor Day, April 26th
along with participants from the Lenape Middle School Honor
Society, EAC, and the Memorial Committee. Due to this event, we
have received Tree City USA recognition for the tenth year.
Ms. Steinburg, resident, thanked Mr. Scarborough
for his participation at the tree planting event.
Mr. Bennett congratulated Ms. Lyons on receiving
the 2008 Pennsylvania Bar Association Annual Award in Harrisburg
to honor her 27 years of service doing pro bono work. She is
responsible for forming the pilot program in Bucks County for
mediation, an alternative way for resolving disputes.
PUBLIC HEARING – Proposed Zoning Ordinance
Amendment- L1 to C2 and C1 to C2 (Hancock)
Solicitor Garton said this matter was last
discussed at a Public Hearing on April 15, 2008, and the matter
was continued until this evening. The applicant is the owner of
several tax parcels located at the intersection of Rt. 263 and
Rt. 313. The application proposes to change the zoning of one
parcel from Industrial to Commercial and change four other
parcels from C-1 Commercial to C-2 Commercial.
The Board reconvened the Public Hearing at 7:43
P.M.
Michael Carr, attorney representing the
applicant, introduced, Mr. Claus, Engineer, Mr. Roth, Traffic
Engineer, Mr. Ebert, Water & Sewer Expert, and Mr. Kuhn and Mr.
Meekum, Attorneys representing the applicant.
Since the last meeting, we addressed the
provision of a declaration restricting the development of this
property from any surprises. He prepared, circulated and
recorded a covenant that the property is deed restricted from
development that would be inconsistent with what we have
represented; imposing criteria that would fulfill our commitment
to mitigate any adverse impacts such as buffering; working
through the SALDO with the Township to provide any abatement of
any potential nuisances and to combine the number of parcels so
it can be developed as a unified whole; prevent access from
Rogers Road; and provide sewer and water improvements that have
been discussed. A provision has been included in the declaration
that, in the best interest of the community and Township, the
declaration can be amended.
Ms. Lyons asked Mr. Carr if he realized that his
client’s dad went before Buckingham Township Supervisors to
speculate on the development of a parcel adjacent to this
property on the northeast corner. There are possible water/sewer
issues in that area and this could be a massive development at
that corner, which could change the complete complexion of that
area of Doylestown and Buckingham. Before we go any further, we
need to have Buckingham Township involved in this process
because what we do at that corner will impact our neighbor and
regional planning cooperation is important in this matter.
Mr. Carr explained that there is a stipulation
that permits a development on that site, but that development is
not economically feasible. The inquiry that was made was to
depart from the agreement and he understands the feedback from
Buckingham Supervisors was that they would not depart from the
agreement, and that piece is dead at this time.
Ms. Philo made a MOTION to TABLE this application
indefinitely, seconded by Ms. Eisenhardt.
Ms. Eisenhardt commented it was discussed at the
last meeting, that this facility would most likely benefit
Buckingham’s residents and not Doylestown residents so as a
Doylestown Township Supervisor, it is her position to protect
our residents and she is not ready to move forward with this
project.
Mr. Kuhn, Joe Grasso’s attorney, assured the
Board that father and son are not working together.
Ms. Philo commented that she asked to review
information regarding traffic and the financial impact of this
project prior to this hearing.
MOTION was ADOPTED 5-0.
UNFINISHED BUSINESS:
None
NEW BUSINESS:
Land Development – Review Extensions:
Mr. Scarborough made a MOTION, seconded by Ms.
Philo to approve the extension of time for the Eastburn Tact –
Preliminary Major Subdivision until August 11, 2008 and the
Central Bucks YMCA – Preliminary Land Development until June 30,
2008.
MOTION was ADOPTED 5-0.
Doylestown Hospital Development Agreement:
Ms. Eisenhardt made a MOTION, seconded by Mr.
Bennett to approve the Doylestown Hospital Development
Agreement.
MOTION was ADOPTED 5-0.
Destination Doylestown Phase II – Engineering
Contract:
Ms. Philo made a MOTION, seconded by Mr.
Scarborough to approve the Agreement between Doylestown Township
and Michael Baker, Jr. Inc. for Destination Doylestown Phase II
– Engineering Contract.
MOTION was ADOPTED 5-0.
Donation – Gazebo for Turk Park:
Mr. John noted the Township received an offer of
a donation of a gazebo, which is four years old and, after
inspection, he found that it is in excellent condition. The Park
& Recreation Board looked at it and decided they want to use it
in Turk Park II. The cost to move and install it is less than
$1,000.
Mr. Scarborough asked for the type of foundation
it will be placed on.
Mr. John replied a blacktop pad.
Mr. Scarborough made a MOTION, seconded by Ms.
Eisenhardt to accept the donation of a gazebo in accordance with
the memorandum by Mr. John.
Mr. Bennett suggested including in the motion
that the money be allocated according to Mr. John’s proposal
rather than including it in the revised budget at the end of the
year.
Mr. Scarborough AMENDED the MOTION to include Mr.
Bennett’s proposal, seconded by Ms. Eisenhardt.
Ms. Philo asked for the cost of the annual
maintenance for the gazebo.
Mr. John replied less than $100 a year.
MOTION as AMENDED PASSED 5-0.
Declaration of Obsolete Equipment – Public Works:
Mr. Scarborough made a MOTION, seconded by Ms.
Philo to approve declaring the following landscape equipment
obsolete: Landpride Grading box w/3 point hitch; Jacobsen
aerator with pull hitch and the equipment will be sent to
auction as soon as possible in 2008.
MOTION was ADOPTED 5-0.
ANNOUNCEMENTS:
Ms. Lyons announced the next meeting of the Board
of Supervisors is scheduled for Tuesday, May 20, 2008 and the
Township Road Inspection will be held on Tuesday, May 20, 2008
at 4:00 P.M.
ADJOURNMENT:
8:01 P.M.
Respectfully submitted,
Stephanie Mason, Township Secretary
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Authored by Development Solutions