Montgomery Township, Pennsylvania

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06-25-2018 - Board of Supervisors Minutes

MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

JUNE 25, 2018

 

            At 7:30 p.m. Chairman Candyce Fluehr Chimera called to order the executive session.  In attendance were Supervisors Tanya C. Bamford, Michael J. Fox, Jeffrey W. McDonnell and Matthew W. Quigg.  Also in attendance were Township Manager Lawrence J. Gregan and Township Solicitor Robert J. Iannozzi, Esquire.

            Chairman Candyce Fluehr Chimera called the action meeting to order at 8:00 p.m.  In attendance were Supervisors Tanya C. Bamford, Michael J. Fox, Jeffrey W. McDonnell and Matthew W. Quigg. Also in attendance were Township Solicitor Robert J. Iannozzi, Esquire, Township Manager Lawrence J. Gregan, Police Chief J. Scott Bendig, Director of Fire Services Richard Lesniak, Director of Finance Ami Tarburton, Director of Administration and Human Resources Ann Shade, Assistant to the Township Manager Stacy Crandell, Director of Planning and Zoning Bruce Shoupe, Director of Recreation and Community Center Floyd Shaffer, Director of Information Technology Richard Grier and Recording Secretary Deborah A. Rivas.

            Following the Pledge of Allegiance, Chairman Candyce Fluehr Chimera called for public comment from the audience and there was none. 

            Solicitor Robert J. Iannozzi, Esquire announced that the Board had met in an executive session at 7:30 p.m. this evening to discuss one matter of potential litigation. Mr. Iannozzi stated that this matter is a legitimate subject of executive session pursuant to Pennsylvania’s Sunshine Law.

            Chairman Candyce Fluehr Chimera made a motion to approve the minutes of the June 11, 2018 Board of Supervisors meeting, and Supervisor Tanya C. Bamford seconded the motion.  The minutes of the meeting were unanimously approved as submitted.

            Township Manager Lawrence J. Gregan reported that a vacancy currently exists on the Montgomery Township Senior Committee and Chuck Vesay, who resides at 638 Laurel Court, has expressed an interest to be appointed as a member of the Senior Advisory Committee.  Mr. Vesay’s appointment was recommended by the Senior Committee. Resolution #1 made by Vice Chairman Michael J. Fox, seconded by Supervisor Matthew W. Quigg and adopted unanimously, appointed Chuck Vesay to the Senior Committee for a term to expire on January 1, 2019.

            At 8:04 p.m., Chairman Candyce Fluehr Chimera opened a Public Hearing for a Conditional Use Application, #C-69, for Millers Ale House.  Notes of testimony were taken by Court Reporter Tim Kurek. Township Solicitor Robert J. Iannozzi, Esquire reported that an application was received for a conditional use from Water Tower Square Associates for a new 7,302 sf freestanding restaurant, satellite use, at the Water Tower Square Shopping Center, located at the intersection of Horsham Road and North Wales Road. The property was developed in 2003 and currently has a number of retail uses, including Home Depot and Franks Movie Theater. Mr. Iannozzi introduced the Township exhibits into the record and James Garrity, Esquire, the attorney representing the Goldenberg Group, developer of the shopping center, presented the case for the conditional use. Mr. Joseph Daniels of Millers Ale House and Mr. Brian Conlon, P.E., testified on behalf of the Goldenberg Group.  There being no additional public comment on the application, the hearing closed at 8:47 p.m. Resolution #2 made by Chairman Candyce Fluehr Chimera, seconded by Vice Chairman Michael J. Fox and adopted unanimously, approved the Conditional Use Application #C-69 for Millers Ale House at 751 Horsham Road.

            Director of Planning and Zoning Bruce Shoupe reported that Water Tower Square Associates, in addition to Conditional Use Approval, has requested a waiver from the 25ft. wide landscape buffer between the proposed Millers Ale House and the adjacent commercial property occupied by a 7-11 store. Section 230-78A of the Zoning Ordinance permits the Board of Supervisors to waive or reduce the required 25-foot planting area if the side or rear boundary lines abuts commercial or industrial uses or zoning districts. A recommendation for the waiver was received from the Township’s Landscape Architect due to the density of existing landscaping. Resolution #3 made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved the waiver of screening buffer requirement for the Millers Ale House project at Water Tower Square Shopping Center.

            Chairman Candyce Fluehr Chimera opened the Public Hearing at 8:50 p.m. for a Liquor License Transfer, #LL-18-04 – Millers Ale House, Inc. Notes of testimony were taken by Court Reporter Tim Kurek. Township Solicitor Robert J. Iannozzi, Esquire reported that this was a liquor license transfer hearing for Millers Ale House. Mr. Iannozzi read the Township’s exhibits and legal notice into the record. Attorney Paul Namey, Esquire of Flaherty & O’Hara, PC presented testimony on behalf of Millers Ale House for the liquor license transfer. There being no public comment on the matter, the hearing closed at 9:05 p.m. Resolution #4 made by Chairman Candyce Fluehr, seconded by Supervisor Tanya C. Bamford and adopted unanimously, approved the Liquor License Transfer for Millers Ale House.

            Chairman Candyce Fluehr Chimera opened the Public Hearing at 9:07 p.m. for the consideration of the adoption of Ordinance #18-306-Z – Amending the following provisions of Chapter 230 Zoning Code Article XIII, Sections 230-78(A), Article XV, Section 230-89(I), Article XVI, Section 230-95(B) and Article XXX, Section 230-223(5)(C) to remove language authorizing waiver of buffer requirements by the Board of Supervisors. Notes of testimony were taken by Court Reporter Tim Kurek. Bruce Shoupe, Director of Planning and Zoning, reported that the appropriate code chapter for such waivers is Chapter 205, Subdivision and Land Development.

            There being no public comment, Chairman Chimera closed the hearing at 9:11 p.m. Resolution #5 made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Matthew W. Quigg and adopted unanimously, approved Ordinance #18-306-Z, an ordinance amending the Zoning Ordinance by deleting the Board of Supervisors’ waiver or reduction required planting areas language in Article XIII, Section 230-78(A), C-Commercial District; Article XV, Section 230-89(I), S-Shopping Center District; Article XVI, Section 230-95(B). RE-Regional Shopping Center District and deleting the Board of Supervisors’ security fence waiver language set forth in Article XXX, Section 230-223(5)(C), Wireless Telecommunication Facilities.   

            Resolution #6 made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Tanya C. Bamford and adopted by a vote of 4 to 0, with Vice Chairman Michael J. Fox abstaining due to his employment with Univest Bank, approved construction escrow release #3 in the amount of $186,831.82 for LDS#630 – Firefox Phase II.

            A motion to approve the payment of bills was made by Supervisor Tanya C. Bamford, seconded by Supervisor Matthew W. Quigg, and adopted unanimously, approving the payment of bills as submitted.

            There being no further business to come before the Board, the meeting adjourned at 9:24 p.m.