TOWNSHIP OF LOWER MAKEFIELD
BOARD OF SUPERVISORS
MINUTES - OCTOBER 18, 1999
The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on October 18, 1999. Chairman Hackman called the meeting to order at 7:30 p.m. noting that the Board had been meeting in Executive Session since 5:30 p.m. to discuss personnel and legal matters.
Board of Supervisors:
Wesley Hackman, Chairman
Frank Fazzalore, Secretary/Treasurer
Scott Fegley, Member
Grace Godshalk, Member
Terry Fedorchak, Township Manager
Jeffrey Garton, Township Solicitor
Jan Gouza, Township Engineer
Joseph Bainbridge, Acting Chief of Police
APPOINTMENT OF NEW SUPERVISOR
Mr. Fegley moved and Mrs. Godshalk seconded to appoint Fred Allen to the position of Supervisor to fill the remaining term of Dr. William Strahle.
Mr. Hackman reviewed Mr. Allen’s background and stated Mr. Allen will be a fine addition to the Board and will be able to represent the younger families of the community.
Mrs. Godshalk thanked all who applied for the position and stated many of those who applied are already involved in the Township; and she hopes that those who are not, will consider submitting their resumes for appointment to another Board. Mr. Fazzalore noted all the candidates were excellent which made it a very difficult decision. He encouraged those individuals to run for the office of Supervisor in the future.
Motion to approve carried unanimously.
Ms. Ann Marie Sill stated she was present last week at the Park & Recreation Board meeting representing the Dolington Estates residents and stated they would like to advise the Board of their concerns with the proposed access to North Park from their neighborhood. She stated a petition with 118 signatures of area residents has been submitted indicating the stub road off Powder Horn Drive should not be used as an active access to North Park. Ms. Sill stated documents sent to the Dolington Estates residents by the Township showed this as a dead end street and not a connector street.
Mr. Hackman stated a consultant is looking at this site and will be presenting three designs. This matter will be reviewed in the future. Mr. Fazzalore asked if the developer provided the required Disclosure Statement. Ms. Sill stated they were not given this since there were in the second phase. She stated she was given a diagram of what North Park was to look like when she went to the Township. She stated she was advised that this would be a passive park and that the access could be a bikepath. Mr. Garton stated Dolington
Estates II has not yet started construction. He stated North Park was not in place at the time Dolington Estates I was built.
Ms. Dawn Kozmorski stated her home is not yet built and in January they were told it would be a Park; and if they wanted further information, they should go to the Township. She stated she was presented a map at the Township and it showed a plan for North Park.
Mr. Fegley stated they did see that Plan at the Park & Recreation meeting and he had asked Mr. Fedorchak what wording was provided with that map. Mr. Fedorchak stated he did not believe there were any letters of transmittal. He added he was not familiar with the welcome package provided although when Requests for Information are submitted, the Park & Recreation office would have provided a resident with whatever information they had at that point in time. At that point in time the Park & Recreation Plan had been approved as a Draft Plan and those were the plans that were provided to those requesting information.
Ms. Sill stated she did contact the Township and was transferred to the Park & Recreation Coordinator. She stated everyone she dealt with was very helpful. However, she did not feel between 1,000 and 4,000 cars traveling in front of her home was a safe situation.
Mr. Hackman stated he does not feel this amount of cars will be traveling in front of her home. Ms. Sill stated even 500 per day is too many. Ms. Sill reviewed the statistics provided from the YMS Coordinator. Mr. Hackman stated there will be another entrance to the Park, and he feels 99% of the cars coming to the Park will be coming in off of Woodside Road. He stated the public will be invited when March Associates presents their plans. Mr. Fazzalore stated no final Plan has been adopted. Mrs. Godshalk stated almost two years ago they did adopt the Development access during the development process. They advised Toll Bros. that they must show this on their road system under the Truth-In-Advertising Ordinance. She stated they indicated it would not be a through road from Woodside Road to Powder Horn Drive. Ms. Sill stated the information the Township gave out should have been accurate. Mr. Hackman stated it was accurate at the time it was given. Mrs. Godshalk stated they wanted to make sure the road was shown so that people moving in would know about it.
Ms. Kozmorski stated she still feels it is unsafe to bring Park traffic through a neighborhood.
Ms. Sue Herman showed a drawing of the truck routes from the quarries to I-95.
The By-Pass was also shown. She stated the Stoopeville/Lindenhurst Road route is the route of choice and is 6.5 miles long. This is resulting in the residents from Stoopeville/
Lindenhurst Road being exposed to unsafe conditions for a very long time.
Mr. Leonard Franckowiak stated they took their measurements from where the roads meet Wrightstown since this is a common point. Ms. Herman stated Newtown Township had provided Lower Makefield a status report on the synchronization of lights. She stated PennDOT has been dragging its feet on this project which is holding it up from getting put on the bidding schedule. Mr. Fedorchak suggested they contact Mr. Conti and Mr. Steil and ask them to intercede on the Township’s behalf. Mr. Fazzalore stated the Stoopeville Road residents have now joined in with their concerns. He stated this will now give the Newtown Supervisors pressure to get the project approved.
Mr. Franckowiak stated since July the Board of Supervisors has asked Mr. Gouza to prepare a map. He stated at the last meeting a vote was taken by the Board to have
Mr. Gouza prepare this map yet the residents had to do it. He stated Mr. Gouza’s map only showed how long it took to get to I-95, and the residents had asked that it show how long it took to get to the By-Pass. He stated Mr. Gouza has refused to do this. Mr. Gouza stated he understood what the direction of the Board was. His office has done what was asked and they have this map. He stated no one indicated he should provide it to the residents. Mr. Gouza stated he does not have the map with him this evening, but it is available. Mr. Gouza was asked to bring some copies to the Township office.
Ms. Irene Koehler asked what further steps the Board has taken to obtain detailed engineering for the Swamp Road culvert. Mr. Garton stated he prepared for
Mr. Fedorchak’s signature a Right-To-Know request and Mr. Fedorchak sent this with a cover letter and sent it to PennDOT.
Ms. Karen Friedman of Lindenhurst Road asked if there has been any response to the 9/28/99 letter send to PennDOT requesting additional information. Mr. Garton stated information was sent to the Hearing Officer but he has not heard anything further about a re-scheduled conference or hearing. He was provided a copy of the CAU development because they are a party to the proceedings. He will let Mr. Fedorchak know when this is scheduled, and Mr. Fedorchak will then notify the Board of Supervisors and those he normally notifies regarding these issues.
APPROVAL OF MINUTES
Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to approve the Minutes of October 4, 1999 as written.
Mr. Fegley moved, Mr. Fazzalore seconded and it was unanimously carried to approve the Minutes of October 6, 1999 as written.
EDGEWOOD VILLAGE HISTORIC DISTRICT STUDY
Ms. Marybeth Carter of March Associates was present and stated she has been working with the Edgewood Village Historic District Advisory Committee for some months on an overall plan for the District. She stated there are thirty-two existing buildings from the late 1700s to the early 1900s; and while the District is legally defined, the District lacks a visual definition and clear sense of place. The study is designed to develop a plan to visually unify the District. She stated the lack of public sewers has kept the District from developing, but all areas abutting the Village are intruding into the District.
Ms. Carter stated they considered what they would like to see in the future for the Historic District. She stated they considered three options - keeping it the way it is without public sewers, creating a specialty commercial District with a regional draw, and finally creating a strong commercially viable "Main Street" and infill with a traditional development pattern.
The Committee did not feel Option One would address the reality of the future development and noted the District is not flourishing in its present state. They also did not feel the Village was large enough for a regional draw. They felt Option Three was the most realistic and most tasteful. They looked at a number of other communities with development similar to what they are proposing.
Ms. Carter presented a slide show of what the Village has now. She also showed exhibits of the entrances and nodes (places where things converge or are happening). She showed a 1500 foot radius which is the walkability radius and noted the whole Village fits into this area. Ms. Carter showed the various "Character Districts" in the Village which includes the Yardley-Langhorne Road entrance with the Jessie Palmer House which she considered as the Rural District. The second area was the Village Services District with the Park, Realtor offices, and Church on Edgewood Road. The third area is the Main Street District.
The Residential District is where most of the homes are located; and finally, there is the Buffer District.
Ms. Carter showed a diagram of the vacant land available in the District. She noted there is a substantial amount of vacant land.
Ms. Carter stated in the rural area they propose that they maintain the rural characteristics and do not propose a lot of new development. Trees should be preserved and there should be a woodland buffer to protect this area. She stated that they understood that there is a development parcel which is zoned Commercial to the south of Yardley-Langhorne Road, and they propose that any development of this tract maintain the wooded buffer.
They do not feel the land should be zoned Commercial and would prefer a residential use.
In the Village Services area they would propose formalizing the Park with a fence and expanding the area as well as providing parallel parking. In the Main Street District they propose off street parking, parallel parking, and alleys behind buildings. The buildings next to the Park could have houses and restaurants with outdoor cafes. In the Residential Village area, they feel infill should occur and match existing residential units. In the Buffer District they feel noise and air pollution levels are too high for housing and they suggest either office buildings or expanded wooded buffers. She noted an office building would shield better than a wooded buffer.
Ms. Carter noted the site lay-out for the Village. The gray buildings are the proposed buildings on this plan, and the white buildings are existing buildings. They are assuming build out of thirty years with public sewers. She stated this will create more of a Village feeling. She noted they could have retail on the first floor of buildings and housing on the second or retail on the first floor and offices on the second floor in the Main Street area with parallel parking where possible. In the Residential area, they suggest filling in with more residential units. They propose single family units that match the opposite side of the street in the area in front of the Day Care center.
Ms. Carter showed a lay out which showed the development of the Commercial tract adjacent to the Township park area facing the building onto the Park. A new street should come off of Mirror Lake Road and there should not be an entrance off Yardley-Langhorne Road. She stated this will protect the rural character of Yardley-Langhorne Road.
Ms. Carter also showed an overlay which proposes expansion of the residential area in the future on the Township protected open space provided they could find other open land in the Township. She stated they are not proposing that this be developed in the near future.
Ms. Carter also presented an interim sidewalk plan as well as possible street furnishings, paving materials, etc.
Mr. Hackman congratulated Ms. Carter on the creative aspects of the Plan. He stated he would like to have a group of people look at this and then proceed in more detail in the future. Mr. Fazzalore stated he was very pleased to see this Plan which he feels will give the Township character. He is interested in considering how they can proceed with this Plan. Mrs. Godshalk stated the reason they commissioned this study by March Associates was because some people were recommending widening the roads within the Village which are heavily traveled. It was felt by widening the roads they would be losing the Village which has thirty-two buildings on the National Register. She stated there is also discussion of public sewers and she feels the study has shown that wide streets are not recommended but sewers are probably necessary because of public health concerns. She stated before they install sewers, they need to have a plan for the Village. She would like to proceed to the next step noting Ms. Carter was only hired to show what could be included in the development of the Village. She feels what is being proposed is a way to save the Village. She stated they should consider allocating funds for writing up the specifics as to how to proceed. She stated that can also govern the type of architecture they want in the Village.
Mr. Hackman noted there are quite a few items that have been suggested which he feels are impractical, such as the parallel parking. He stated this area is the convergence of three highly traveled roads.
Mr. Fegley stated he feels this is a fantastic plan which shows vision, although there are tremendous hurdles to overcome. He noted the problem with the Troilo property where there are plans for a drive-in drug store and a bank. He stated these plans would be grandfathered so any changes they make would not prevent the developer from proceeding if he prevails under the current litigation. He also noted the problem of installing a roadway directly through an existing detention basin. He is also concerned about the homes proposed in front of the Day Care Center. He stated since this is one parcel, this would assume that whoever owns the Day Care Center would be willing to do a Subdivision and agree to constraints on those parcels which he feels is an assumption.
Mrs. Godshalk stated the Committee was made up of Township volunteers and Township residents and they recognized that there would have to be give and take by the current residents. She noted the owners of the Day Care Center would be able to subdivide their property which could be advantageous for them financially. She stated during the planning process they did approach Mr. Troilo’s attorney and asked if he might be interested in building some small village homes which would be overlooking the Township Park. They have not heard anything further on this.
Mr. Fegley asked why they did not proceed with the Specialty Village concept, and
Ms. Carter stated they were concerned with the large amount of people who could be coming into the area which would impact the character of the Village. She noted the Village is small in size and there is not the opportunity to add onto the area because of the surrounding development and the preserved open space adjacent to the Village.
Mr. Hackman asked the status of Ms. Carter’s contract, and Ms. Carter stated they have made a presentation to the Planning Commission and the Supervisors and after hearing these comments they will prepare their report. Ms. Carter stated she would be willing to sit down again with the Board of Supervisors on the details.
DEVELOPMENT AND ESCROW AGREEMENTS FOR ST. JOHN THE EVANGELIST CHURCH AND ACCEPTANCE OF LETTER FROM THE ARCHDIOCESE
Mr. Garton stated the Board of Supervisors granted Final Plan Approval for a project at
St. John the Evangelist Church. He reviewed the letter addressed to Mr. Fedorchak from the Archdiocese of Philadelphia regarding monies being held in reserve. Both the Township engineer and the Township solicitor are in support of granting the request being made by the Church.
Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to accept a letter from the Archdiocese as it relates to this issue.
PRESENTATION OF TRAFFIC STUDY PERFORMED FOR RESIDENTS OF WILSHIRE GLEN
Mr. Hackman noted Ms. Holly Bussey had been working with Dr. Strahle concerning this traffic study and she had contacted him indicating she had wanted to update the Board with some additional information. Mr. Hackman stated in the planning process they approve a Preliminary Plan and a Final Plan. At this point the applicant for the Raab Tract is before the Planning Commission trying to get Preliminary Plan Approval. The developer did come in with a Sketch Plan which is not required. During this stage a majority of the Supervisors felt the roads should go through and the Preliminary Plans reflect this.
He added the major debate will be discussed when the Preliminary Plans come before the Board for approval which could be mid-November or December. In speaking with residents who have called him there was concern expressed that the roads in the older developments are going to be widened and he did not recall ever discussing this.
Mr. Gunkel stated the stub streets were the only things being shown widened to thirty feet to the first intersection.
Ms. Holly Bussey was present and stated they feel the stub streets in the current neighborhoods are considered part of their development. She stated the community contracted with Dr. Virginia Miori, a traffic consultant specialist, to do some work for them. Mrs. Godshalk noted one of the drawings they are presenting shows North Homestead going into South Drive and this is incorrect. Ms. Bussey stated they feel there is a parallel situation with what is going on in Makefield Manor to what will take place in their development in the future. She showed plans for Makefield Manor and plans for their development which show this parallel.
Dr. Miori stated she has worked for fifteen years in transportation. She reviewed her education and Doctoral work. She stated they did a benchmark study to show what they feel will happen in the area in the future. She stated people will take cut throughs provided they are able to keep moving so that they are able to avoid traffic and lights. She stated the proposed plan at Wilshire Glen will result in 100% greater traffic and will have a negative impact on the older residents and children in the area.
Mr. Louis Brokov of 13 Wilbur Road stated he is against opening up the roads. He stated there is already speeding in the area because of the traffic which currently exists and he does not feel they should add any additional traffic. He stated you are unable to get onto Dolington Road currently. Mr. Hackman stated what they are currently experiencing in this area are cars coming form the north outside of the Township.
Dr. Miori stated if the roads have to be cut through there should be something included which will inhibit cut-through traffic. She stated wider roads will only increase the speed of traffic. She stated what she has shown are standard planning practices. Mr. Hackman stated he does have a problem with the comparison to Makefield Manor.
Ms. Bussey stated she has submitted a report to the Township which shows that the neighborhoods on both sides of the development are asking that the Board re-consider taking all the streets through. She stated she has provided a list of a number of developments which have limited entrances and multiple cul-de-sacs. She stated they have done research to show that in the 1950s these streets were not shown as cut throughs. She noted there are also instances where cut throughs were proposed but did not take place. Ms. Bussey stated it has been indicated if the cut throughs are not made, there will be problems with emergency access and they have provided additional alternatives to this. She stated she feels the Township is aware that there will be increased traffic in the development and this goes against Township Ordinances which requires safe developments. She stated the traffic report presented is new information since the initial decision was made by the Board of Supervisors and she asked that they consider this before they approve the Preliminary Plan. Ms. Bussey stated they have provided adequate support why the roads should not be connected and they have over one hundred signatures of residents that the plan attached to their report should be adopted. She added the developer has indicated they are willing to provide internal pedestrian access wherever the residents would like it. They would also agree to having only one access. She stated it is not often that the developer and the residents can agree to a proposal and she hopes the Township will afford them the same respect the developer has.
Mr. Hackman stated he would like to give the additional information to the traffic people and have them review it.
Mrs. Godshalk stated she spoke to Ms. Bussey two years ago when the property first came up for sale. She stated they were aware that the Township was interested in purchasing it and at that time Ms. Bussey was concerned that if there was a Park they would be opening roads. Mrs. Godshalk stated the Township lost the property and if the residents had helped the Township work on acquisition of this tract, they would not be at the point they are now. Mrs. Godshalk stated the only way the Township can stop development and traffic is to buy the open land. She noted the Township did try to purchase this tract and were unable to do so. The Township cannot legally stop development.
Mr. Fegley stated he still does not feel they have to open up all the stub streets. He stated since the developer and the residents have agreed to a plan, he and Mr. Fazzalore felt this was a plan they could all live with. Mr. Fegley asked if the developer was willing to continue to go back to the original plan, and Ms. Bussey stated they would prefer that plan that they submitted in March. Mr. Fegley noted the composition of the Board has changed since this was last voted on and once Mr. Allen joins them, he feels they should re-visit this issue and give new direction.
Mr. Fazzalore stated he is concerned that the Township does not take into consideration the existing residents who have lived in the Township a long time. He feels they should do what they can to preserve what the people have.
Mr. Brokov stated he moved to the Township in March of 1987 and the builders told them it would stay farmland. He noted Mr. Raab also indicated he would leave the land to the School District. Mrs. Godshalk stated he was negotiating with the School District but they would not give him the money he wanted. Mr. Brokov asked who the money went to, and Mrs. Godshalk stated it went to three charities. She added the Executors decided to sell the property to developers while the Township was in negotiation to acquire the property. She stated the developer still has not paid them the money and they would have had their money if the Township had been able to buy it.
Ms. Mary Cinad stated it is unfortunate that the Township did not have the opportunity to purchase this, but she feels they should now at least make it as easy for the residents as possible. Mr. Hackman stated they will decide this when they review the Preliminary Plan.
Ms. Beth Merrick asked if there is anything they can do to stop the development.
Mr. Hackman stated they already have an Agreement of Sale.
Mr. George Pinger stated he has not seen the original plan. Ms. Bussey stated she has a copy available which he could review.
APPROVAL OF REVISED PLAN FOR ROELOFS PARK RESTROOM FACILITY AND AUTHORIZATION TO GO OUT TO BID
Mr. Hackman stated they received in their packet a small plan showing the latest version of the proposed facility at Roelofs Park. He stated this change will permit them to observe more easily the activity going in and out of the restroom. He stated Mr. Fred Allen has looked at this and feels it will work out well. Mr. Allen was present and stated this will provide security and control over the area. Mr. Fazzalore stated they were going to look into reducing the number of stalls and asked if this was done. Mr. Gouza stated there is one less water closet on the women’s side.
Mr. Hackman stated he would like to go out to bid with an option for a well and an option for the Township employees to do the work on water fountains and water to the fields.
Mrs. Godshalk asked why they were considering a well for potable water since they are doing away with these in other areas. Mr. Fazzalore stated he does not feel they should have a well since there are problems with these in drought conditions. Mr. Hackman stated he would only like to see it put out to bid as an option at this point. Mr. Gouza stated they would have to treat the well as if it were potable water whether it were to be used for the fields alone or for the fountains. He noted if there is a hose for the fields someone may use it for drinking water.
Mr. Fegley moved, Mr. Fazzalore seconded and it was unanimously carried to authorize the Township engineer to go out for bid along with an option for a well and for Township employees to do the work for water fountains and water to the fields.
APPOINT PCS TO PERFORM ANALYSIS AND RECOMMENDATION FOR FLOODING PROBLEMS IN THE HILLSIDE AND SPRING LANE AREA
Mr. Fegley moved and Mrs. Godshalk seconded to appoint PCS to perform analysis and recommendation for flooding problems in the Hillside and Spring Lane area at a cost of $4,825
Mrs. Godshalk stated this will not clear up any pre-existing situations at the creek. She noted they are going to visit this site on the Road Tour on October 29. Mr. Hackman stated the final solution is to completely fix these roads including road improvements and installation of storm sewers and drainage.
Ms. Gaye of 21 Spring Lane stated she understood there would be a six week timeframe between Mr. Gouza’s initial survey and his coming back to the Board of Supervisors with recommendations. Mr. Hackman stated it would be six weeks from now since the Board is just now considering this expenditure. Ms. Gaye asked if Mr. Gouza works for the Township. Mr. Hackman stated he works for a private company and the Township has hired that company to work for the Township. Ms. Gaye stated Mr. Gouza made several suggestions which they felt were going to be done immediately and nothing has been done. She asked what will happen in six weeks. Mr. Hackman stated they will have to consider this when he makes his report and determine what can be done depending on the costs involved. Ms. Gaye asked if someone can change the flow on the detention basin so that if they get another hurricane they do not have another problem. Mr. Gouza stated there are two detentions basins. He stated the Lindenhurst Road basin is functioning the way it was designed to function and they are not planning to change that basin. The basin at the corner of Quarry Road and Lindenhurst Road does need work done and they are looking at that now with Mr. Coyne.
Ms. Gaye stated the basin on the other side of Lindenhurst Road is the one that is impacting her and her neighbors. She stated the water is being released too rapidly. Mr. Gouza stated if the dam had not been there none of the houses along Spring Lane or Hillside would be standing today. Ms. Gaye stated they should then raise the level of the basin because it is not holding enough water. It was noted the basin has already been enlarged. Mr. Gouza stated that detention basin was constructed when Yardley Run was built and due to downstream problems they combined the Yardley Run basin with the open space that was taken and made a regional basin which caused them to create a dam which is regulated by the State. Mrs. Godshalk asked if they could not go deeper. Mr. Gouza stated the impoundment area functioned as it was supposed to. They are going to see whether they can improve it by regulating the length of time that the impoundment is discharged downstream. They feel if they can slow it down it may help downstream. There are no valves that can be closed that will close off the water going downstream. He stated the water topped the outlet structure the way it was supposed to under that severe of a storm. It did not go over the berm or the dam. Mr. Gouza stated they will look at the outlet works to see if they can improve this.
Ms. Cheryl Moon asked to be notified when the Board will be visiting the site on their Road Tour, and Mr. Fedorchak agreed to do so.
Mr. Henry Lee asked why water is going through private property. Mr. Hackman stated the water is running downhill. Mr. Lee stated they are diverting the water into the stream.
Mr. Hackman stated the water has been going in this way for many years. Ms. Irene Koehler stated the drainage ditch was created by Lower Makefield Township. Ms. Moon stated when they purchased their property they had a spring fed stream and the Township came through in the 1950s and created this ditch.
Motion to appoint PCS carried unanimously.
DISCUSSION OF CONDEMNATION OF PA AMERICAN WATER COMPANY PROPERTY FOR THE BLACK ROCK ROAD BIKEPATH/CULVERT EXTENSION
Mr. Gouza stated they have been trying to construct a bikepath along Black Rock Road from the Canal back to Glen Drive on the south side. In order to do that, since Black Rock Road is a State highway, they need a PennDOT permit. To accomplish this they needed to cross the PA American Water Company property and the Township Municipal Authority pump station. PennDOT had no problem with the concept although they did need certification that there was sufficient right-of-way to accomplish this. Mr. Gouza stated he has spent six months working with the Water Company attempting to convince them that they should allow the Township to put the bikepath across their frontage. It will not impact their facility. They have refused to put anything in writing advising the Township of their position but have indicated verbally they are not willing to give up any right-of-way because they feel this would impact their rate system. They have indicated they may look more favorably on this project if it were a minor piece of a major bikeway system.
Mr. Garton stated they will need to go to the PUC. Mr. Gouza stated they need approximately 8,000 square feet. Mr. Hackman asked if it is possible to put the bikepath through using the current right-of-way, and Mr. Gouza stated it is not.
Mrs. Godshalk stated she feels this bikepath is coming from nowhere. She stated the area where they are planning to put it in is an open area where people can currently walk and bike; and because of the small size of the bikepath in the area, she does not feel it is useful.
Mrs. Godshalk moved and Mr. Fazzalore seconded that they abandon this project at the current time.
Mr. Fegley stated he feels this is a project the Board decided to proceed with some time ago and he is not prepared to abandon it simply because the Water Company is not willing to provide the right-of-way. Mr. Fedorchak stated if he recalls a few years back he had a series of meetings with the people who lived along Black Rock Road and at least two residents requested this tie in. Those residents lived in the Glen Drive area and they wanted to keep the children off Black Rock Road and to the towpath/Canal area. Mr. Fazzalore stated they can still do this without this work being done. Mr. Fedorchak stated they wanted to keep the children off the cartway.
Mr. Hackman asked what the estimate is for construction costs. Mr. Gouza stated Mr. Coyne had agreed to do this work because it was of a minor nature.
Mr. Gouza stated it may be a good idea to have Mr. Garton talk to the PA American Water Company representatives to see what can be done. Mr. Hackman stated he feels this would be a good way to proceed.
Ms. Sally Conlon stated she was opposed to the bikepath on her road but there were people from below the Canal who did request this. She asked if those people still live in the area and if they are still interested in this. Ms. Conlon stated she does not feel anything is being achieved by installing this portion of the bikepath.
Mr. Richard Storm suggested they table the matter until the next meeting.
Mr. Fegley moved and Mr. Hackman seconded to table. Motion did not carry as Mr. Fegley and Mr. Hackman voted in favor and Mr. Fazzalore and Mrs. Godshalk were opposed.
A vote was taken on the original motion to abandon the project and this did not carry as Mr. Fazzalore and Mrs. Godshalk were in favor and Mr. Fegley and Mr. Hackman were opposed.
Mr. Fegley stated if this bikepath serves even a small portion of the community and they can do the work in-house, he feels they should get it done. He noted this does connect to the towpath. Mrs. Godshalk stated they would still have to cross Black Rock Road.
No action was taken on this matter this evening.
TABLING PRELIMINARY DISCUSSION OF HEATING TOWNSHIP POOLS
Mr. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to table this matter.
DISCUSSION OF BEECHWOOD LANE FLOODING PROBLEMS AND MOTION TO REVOKE PEBBLE CREEK BUILDING PERMITS
Mr. Joseph Frazer was present. The letter received by the Board of Supervisors was noted. Mr. Frazer read his letter listing the people who he is representing this evening.
Mr. Frazer stated they feel that in the planning and construction of Pebble Creek the residents of Beechwood Lane were not considered. He stated they did not follow the natural grade and instead created an artificial plateau for their homes. Because of this grading, water run off problems were created for the existing residents. Mr. Frazer stated the downspouts from the new homes go directly onto the existing properties. He stated silt-filled water came onto their property from Pebble Creek. He stated he sent a letter to the Township expressing his concerns on 8/24/98 and received a reply from Mr. Rigby, the Township engineer, indicating their problem would be solved with a swale and a berm.
Mr. Frazer stated he feels additional problems are going to be created if they proceed with the plan being proposed by Mr. Rigby. He stated the residents feel the developer and the Township engineer were negligent. He stated according to the Township Newsletter, a copy of which was provided this evening, the Township Code indicates each lot is required to handle its storm water run off without creating problems for adjacent lots. They would like to know how the Township can solve this problem.
Mr. Paul Roppa of 12 Beechwood Lane stated the system in place does not handle the water coming off Pebble Creek to the first storm sewer at 16 Beechwood Lane.
Mr. Fazzalore asked Mr. Gouza about the grading which was permitted at the new development. Mr. Gouza stated there are different ways to design developments and in this case some of the homes do have walk-out rear basements. He stated part of the original review and design approval was to analyze the storm water issues. The applicant demonstrated to the Township engineer and the Board of Supervisors that what they were proposing to do and the amount of storm water they were generating from their site would ultimately be half of the quantity of the water leaving the site prior to development. He stated he recognizes this is not the case today but ultimately this should be the case. He stated over the last several weeks they have had very unusual situations because of Hurricane Floyd. He stated the subdivision is under construction and therefore is not anywhere near being totally stabilized. He stated they did not have in place at the time of the storm what they have insisted upon which is a swale/berm system across the back of the lots which will intercept the run off from the lots before it goes to the existing properties. Mr. Gouza stated to some degree it is in place today. He added they have been working on this for the last six weeks and have had a very difficult time working with this developer.
Mr. Fegley stated he feels they should issue a Cease and Desist of all building permits. Mr. Gouza stated they are working on the swale and ultimately it will keep water off of the existing properties. Mr. Gouza stated they are not, however, completing this in a timely manner. He did meet with the developer on Friday and told them they must get certain things accomplished and they did agree to do so. The developer then got into an argument with one of the new homeowners and left the job.
Mr. Fegley stated there is an approved Development Plan with controls required and they are not proceeding with them. He asked if the Township has the ability to fine them.
Mr. Garton stated they have an approved Development Agreement and he would suggest they withdraw all Building Permits.
Mrs. Hill stated the swale and the berm flooded out her home and will not work.
Mr. Rob Walters of 14 Beechwood stated the swale to be installed will start at Simpson and come down the properties. He stated the new homes are nine feet above the driveways and are sloping to the existing properties. He stated they must build a basin to hold the water at the low end rather than at the high end. He stated the water will not stop at the woods.
Mr. Frazer stated he understands they have constructed two feet above the grading plan that was submitted. Mr. Gouza stated this is not correct, and they were within 2 inches of what the approved plans called for. Mr. Gouza stated they are at a stage of development which is critical. They have everything exposed and under construction and they are getting a different run off than what will be experienced when everything is settled and stabilized. They had an unusual storm and they do not design to contain these unusual storms since it would be too expensive to do so. He stated they cannot contain a Hurricane Floyd.
Mr. Hackman stated they will put this property on their Road Tour.
Mr. Frazer stated the property owners of the new homes are objecting because they are putting in the swale which is coming half way up their yard and will involve removal of trees. Mr. Gouza stated part of the approved plans had a specific plan attached which designated which trees could come down and which could not. The trees along
Mr. Frazer’s property line were designated not to be disturbed. Mr. Gouza stated the developer is not advising the new residents what is going to be done to protect the existing residents. Mr. Fegley stated the developer must build to the approved plans.
Mr. Walters stated they have changed the swale numerous times.
Mr. Paul Roppa stated he is a civil and structural engineer and has a video tape of the problem. He stated he feels there is a discrepancy in the design especially along the perimeter. He does not feel they should have been allowed to develop in this way. He stated he would be willing to work with the Township on this in his capacity as an engineer. He stated there may be the need for a retaining wall behind Mr. Frazer’s house.
He also noted if they added a few more sewers in front of Mr. Frazer’s property, this would help the situation.
Mr. Fegley moved and Mrs. Godshalk seconded to revoke all building permits until the berm and swales are installed.
Mr. Hackman stated he is concerned that if more berms and swales are installed, this will increase problems for the existing residents.
Mr. Roppa asked if there is a plan for the drainage and Mr. Gouza stated it is on file.
Mr. Roppa stated the proposed detention basin is too far away. Mr. Gouza stated he should look at the design calculations and the pre and post run off to the wooded area and he will see that they will get one half of the water that they did previously.
One woman asked if the developer should not be fined every day that he does not conform.
Mr. Roppa stated he feels the Township is too lenient with the developer. Mr. Garton stated they have no premise to fine until there is a Conservation District violation.
Motion to approve revoking permits carried unanimously.
Mrs. Godshalk stated she also feels Soil Conservation should be brought out. Mr. Gouza stated they have been discussing this with them as well.
Mr. Jay Whiteman of 1419 Innis Lane stated they are the new residents and their plan showed no berm. Mr. Fegley stated all plans are available at the Township office. The developer is supposed to provide an accurate representation of the property and is liable to the homeowner if he does not do so. Ms. Sally Whiteman stated Lot #12 is 3 1/2’ to 4’ higher than her home. She stated they will have to bring in a lot of dirt but they have been told they cannot put dirt on her lot. She stated on Saturday the problem was one of the representatives from the Elliot Building Group was physically intimidating.
Mr. Walters stated the lights from the driveway at Lot #13 will go into the middle of his home because of the elevation of the new homes.
APPROVAL OF DECLARATION OF RESTRICTIVE COVENANTS RELATING TO RITE AID PLAZA
Mr. Garton stated as part of the approval there was a large area of open space and they have agreed to provide a restrictive covenant.
Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to approve the Declaration of Restrictive Covenants relating to the Rite Aid Plaza.
SIGNING OF REVISED MYLARS FOR LOWER MAKEFIELD CORPORATE CENTER
These were signed following the meeting.
APPROVAL OF RESOLUTION NO. 1039 AUTHORIZING THE FILING OF AN APPLICATION WITH FEMA/PEMA FOR DAMAGES RESULTING FROM HURRICANE FLOYD
Mr. Fedorchak stated they are asking for reimbursement in the amount of $6700 for the cost of removal of trees.
Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to approve Resolution No. 1039.
APPROVAL OF OCTOBER 4 AND OCTOBER 18, 1999 WARRANT LISTS AND SEPTEMBER, 1999 PAYROLL
Mr. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to approve October 4, 1999 and October 18, 1999 Warrant Lists and September, 1999 payroll as attached to the Minutes.
ZONING HEARING BOARD
It was agreed that the Zoning Hearing Board would handle the Robert Toth variance request to construct a patio at 1000 Randolph Drive resulting in encroachment into the collector road setback of Yardley-Langhorne Road.
Mr. Fegley stated the CATV Advisory Board has asked about the status of the RCN proposal. Mr. Fegley asked that an update on this be provided by the next meeting.
Mrs. Godshalk stated she would like to move the Edgewood Village proposal along as quickly as possible.
Mrs. Godshalk reported they had a successful fund-raising event for Elm Lowne with one hundred and fifty people in attendance. She stated the Committee will meet on Wednesday to plan future events. Mr. Fazzalore asked where the funds are going, and Mrs. Godshalk stated they go to Mr. Taylor, the Finance Director.
ESTABLISH DATE FOR FALL ROAD TOUR
It was noted the Road Tour will be held Friday morning, October 29.
DISCUSSION ON BUDGET WORK SESSIONS
Mr. Hackman stated he would like to have the first meeting set up the last week in October.
Mr. Fedorchak agreed to check with the Supervisors on their availability.
Mr. Fazzalore moved, Mr. Fegley seconded and it was unanimously carried to re-appoint Joseph Weiss to the CATV Advisory Board.
Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to re-appoint Grace Godshalk, Henry Llanos, and Larry Szarko to the Golf Committee.
There being no further business, Mrs. Fazzalore moved, Mrs. Godshalk seconded and it was unanimously carried to adjourn the meeting at 10:45 p.m.
Frank Fazzalore, Secretary