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Present were: Tom Finan, Jennifer Hunter, Steve Miller, William Montgomery (arrived at 7:25), and Chairman Joe Solomon.

Absent were: Charles Dunn and Jim Martin, Vice Chairman

Also present: Robert Pappano, Township Solicitor, James C. Kelly, Township Engineer, Christine M.T. Mason, Zoning Officer and Doug Williamson, Council Liaison.

Mr. Finan made a motion, seconded by Mr. Miller to approve the August 2007 Planning Commission meeting minutes and the motion passed unanimously with Ms. Hunter abstaining due to her absence at the August meeting.

Mr. Solomon informed the Planning Commission members of an upcoming training opportunity for the members of the Planning Commission scheduled at West Chester University next month. Interested members should contact the Township Manager if interested in attending.

Since there were several residents in attendance with interests in the matter of the Land Development of the Rose Tree Park Tavern area, the Old Business of Ordinance Review was shuffled to the end of the meeting at the direction of the Chair and the first business item addressed by the Planning Commission was that of The County of Delaware, owner of Rose Tree Park.


County of Delaware, 1521 N. Providence Road, the Rose Tree Tavern to be know as 1501 N. Providence Rd., Preliminary/Final Land Development of the Rose Tree Tavern and its Carriage House accessory building.

Adam Matlowski, Esquire presented on behalf of his client the County of Delaware. With him were the project Engineer, Chris Fazio of Remington & Vernick Engineers and Architect Sandra Baggot of Baggot & Bak. This project had been before the Planning Commission as a Sketch Plan earlier this year and last month as a Preliminary/Final Land Development. Mr. Matlowski summarized the status of the Plan for those present. The Carriage House is proposed as a secondary use to the activity already approved and taking place at the park. The Delaware County Conference & Visitors Bureau will be the occupants of the Tavern building using it as offices and would like the proposed Carriage House to serve as ancillary use to the Tavern use.


The applicant had a revised plan that was for the most part now compliant with the comments of the Township Engineer’s second review letter dated September 18, 2007. Mr. Fazio begun to address the outstanding matters and then upon Mr. Kelly’s request addressed each comment individually. As a result of the revisions made after meeting with the Township Engineer’s office, the review letter’s status was updated as follows. The three waivers requested are supported by the Engineer with consideration that the addition of walkways at the site meets the intent of the Code requirement for sidewalks. The zoning Variances sought have been granted by the Zoning Hearing Board in their Order dated June 27, 2007. Items # 1-6 have been resolved and Item #7 has now been resolved with the submission of the deed to the property. Items #8-12 have been resolved and Item #13 concerning the tree planting would be addressed. Items # 14-15 have been resolved and # 16 has been resolved with the addition of the manhole details being added to the plan. Items #17-22 have been resolved and Item #23, the updating of the County’s Highway Occupancy Permit is under review by PennDOT. Item#24 was resolved with the Fire Marshall and he signed off on the plan showing the paver area to be added to the site on September 21, 2007. Items #25-35 have been resolved. The applicant agreed to comply with Item #36 and will attend a pre-construction meeting with the Township Engineer and representatives from the Delaware County Conservation District. The applicant further agreed to comply with Item #37 and will submit details of the closed loop geothermal system proposed for the project.

Returning to Item #13, Mr. Fazio stated that while they recognize the Township’s established list of tree species eligible for planting, they requested consideration of the additional usage of species currently present on the site.

The applicant also discussed the lighting planned for the site. The goal is to keep it low level and shielded with the purpose being safety and security. Mr.Matlowski stated that the park is closed after dark and it would be on a rare occasion that the buildings would be in use after park hours. He further went on to clarify some of the ancillary uses of the Carriage House. The structure is to work in conjunction with the Tavern building and would be utilized for meetings and events ancillary to the duties of the Convention & Visitors’ Bureau. It may on occasion be used as a meeting place for other non-profits and activities associated with the events taking place elsewhere in the park such as the Summer Festival or a Track Event, however it will not be permitted to be used by a group that is not already in the park nor will it be made available as a rental site for private parties.

Next members of the Planning Commission asked the applicant questions. Mr. Miller asked for clarification on the walkway placement as it relates to the PennDOT ultimate right-of-way. The applicants stated that while the proposed road widening was taken into consideration there was no way to know for sure what PennDOT would ultimately choose to do. Mr. Miller requested that the neighbors on East Rose Tree Road across from the Park be consulted and their input considered before finalization of the landscape plan. Mr. Miller commented on Item # 13 and taking into consideration both the comments of the Township Engineer as well as the Applicants request on tree species stated his desire that the Township’s Environmental Commission be consulted. Mr. Miller further stated that members, especially Mr. Mike Hoppus had spent considerable time on the Tree Ordinance and it would be wise to require the plan be reviewed by the Environmental Commission and have their comments considered.

Mr. Finan asked the applicant to explain the process of the geothermal well. Sandra Baggot explained that the closed loop system would run approximately 250’ deep and that the heat exchange would take place along the pipe system underground. When questioned on the benefits of this type of system she stated that they would be eliminating the need for the equipment to be in view and that the system is more energy efficient than those normally used.

There not being any additional questions or comments from the Planning Commission, Mr. Solomon opened the floor to questions/comments from the public.

Kate Weisbond, 30 E. Rose Tree Road stated that as a result of a recent Township Survey the #1 Treasure of the Township as noted by the residents was Ridley Creek State Park and the #2 Treasure was Rose Tree Park and that is why a petition against the project was circulated and signed by almost 200 people. In response to Ms. Weisbond’s comments, Mr. Matlowski reviewed the action of the Zoning Hearing Board and Mr. Solomon recommended the petitions be taken to the elected officials at the local and County level and he directed the applicant to install landscaping to buffer the site from the neighbors and stated that the lighting should be shielded from the direction of the neighboring residential properties.

Chris Fazio clarified that the lighting proposed is not intrusive in that it will be of a low level mostly for the purpose of security and safety to light up the entrance ways. It was discussed how the building itself may have a possible wash light effect to feature the structure. Mr. Fazio also discussed the number of trees and shrubs being removed, remaining and being planted on the site.

Anthony Caruso, 86 E. Rose Tree Road had three comments/questions dealing with the Carriage House. The first comment was about the number of folks gathering and how often. Mr. Matlowski responded that the capacity level of the Carriage House is 75 and that he was not positive of the annual number of events. The official name of the user is “Brandywine Convention and Visitors’ Bureau” and they are a 501 (c) (3) non-profit charged with promoting tourism in Delaware County. Mr. Caruso next asked when would the roadway be fixed? Mr. Solomon explained the history and challenges of the project and Mr. Kelly shared his knowledge of the Tavern move and the PennDot program along with his understanding of the status of the various studies undertaken as part of the project. Mr. Caruso’s final question was to ask if the proposed buildings were to be served by public sewers. Mr. Kelly addressed this question with a yes and shared information of the status of the County’s plan being incorporated into the UPTSA Act 537 Plan. The addition of the infrastructure serving the Rose Tree Park property being added into the UPTSA system may open up new residential areas for connection into the UPTSA system

Bob Johnson, son of the owner of 160 E. Rose Tree Road also had three questions/comments. He submitted two documents which were generated by Delaware County committees which he gathered when attending the DCPD meeting for this project feeling that the Planning Commission should be aware of the documents. The comments of DCPD were discussed. Next he asked if the landscaping would be planted in the right-of-way only to be removed during the road-widening project. The applicant stated that the proposal is based on the latest plans they are aware of and that it is possible that the PennDOT plan could indeed affect the plantings which is a matter beyond their control. Mr. Johnson’s final comment had to do with the applicant’s placement of their sewer laterals. He expressed his thought that the placement is made so as to assist with future residential tie ins to the UPTSA system. Both Mr. Solomon and Mr. Kelly responded to his statement after which there was some spirited discussion.

Mr. Fazio made a clarifying statement on the number of proposed plantings and lighting levels.

In response to some questions from the members of the public, Tina Mason, Zoning Officer briefly explained that the Notes Of Testimony from the Zoning Hearing Board meetings are Public Records available for view during the regular business hours of the Municipal Building.

There being no further discussion, the Chair called for action of the Board. A Motion for the Recommendation of Approval of the Preliminary/Final Land Development Plan of Delaware County for their property at Rose Tree Park, aka The Tavern & Carriage House Project, was made by Mr. Montgomery and seconded by Mr. Finan. The Motion carried and had the following five conditions attached. 1) Subject to the Kelly & Close review letter dated 9-18-07, 2) Support of the Waivers requested, 3) That the Township’s Environmental Commission review the proposed tree list, 4) That the Applicant meet with the neighbors to work on lighting and landscaping concerns and 5) That the approvals of all outside agencies such as, but not limited to, the Pennsylvania Historic Museum Commission, be obtained as needed.


The Applicant acknowledged the direction given by the Planning Commission in their Motion and stated they would schedule a meeting with the neighbors as soon as possible.

Ordinances

There were four different ordinances, in various stages of completion, which were reviewed. The first one dealt with the proposed procedure of requiring all matter in route to the Zoning Hearing Board pertaining to a proposed SDLD being sent to the Planning Commission first for review and comment. After productive discussion on this matter, it was determined that the draft ordinance should be further reviewed by the Township Administration and Solicitor prior to returning to the Planning Commission’s agenda.

The next ordinance establishing a one year expiration date on Orders granted by the Zoning Hearing Board was unanimously approved for recommendation to Council for action.

The next ordinance establishing regulations for billboards was unanimously approved for recommendation to Council with the maximum size allowed being 100 square feet in area or 200 square feet as a Special Exception.

The draft of the proposed changes to the Floodplain Ordinance was unanimously approved and Mr. Pappano was directed to put the concept into ordinance format.

Mr. Solomon reported that he had the opportunity to discuss the concept of forming a Comp Plan Implementation Task Force with Councilman Williamson, Council’s Planning & Zoning Liaison and then in turn the two presented the ideal to Council. Council was receptive to the idea and agreed to look towards funding the Task Force in the Year 2008 Budget. Mr. Solomon is to meet with Mr. Hamaday the Township Manager in regards to this matter.