MINUTES OF MEETING
JUNE 25, 2012
Chairman Candyce Fluehr Chimera called the executive session to order at 7:15 p.m. In attendance were Supervisors Robert Birch, Michael Fox and Joseph Walsh. Supervisor Jeffrey McDonnell was absent. Also in attendance were Lawrence Gregan, Frank R. Bartle, Esquire and Bruce Shoupe. Three Zoning Hearing Board matters were discussed.
Chairman Candyce Fluehr Chimera called the work session meeting to order at 7:38 p.m. In attendance were Supervisors Robert Birch, Michael Fox, Jeffrey McDonnell and Joseph Walsh. Also in attendance were Frank R. Bartle Esquire, Lawrence Gregan, Bruce Shoupe, Planning Consultant Ken Amey, Richard McBride, Esquire and Deborah Rivas.
Richard McBride, Esquire, representing the developer, David Cutler Group, presented revised site plans proposed for the Montgomery Walk/Enclave at Montgomery development. Mr. McBride reported that the Cutler Group was requesting the revision because the original plan had additional middle units which were not selling. In addition, with the decrease in commercial activity, the revised plan reduced the commercial area along Route 309 from five acres to one acre. The proposed revisions included increasing the number of units by 52, increasing the percentage of units that are age restricted from 50% to 64%, increasing the number of age restricted housing units to assist in using and financially supporting the clubhouse and facilities, reducing the commercial area from 5 acres to 1 acre and reducing the area of public roadways to be dedicated to the Township. Mr. McBride stated that if the Board was acceptable to the revisions, the plan would proceed through the Township's staff and consultant reviews and come before the Board for formal approval. The Board was in favor of the revised plan being submitted for formal consideration.
Chairman Candyce Fluehr Chimera called the regular action meeting to order at 8:08 p.m. In attendance were Supervisors Robert Birch, Michael Fox, Jeffrey McDonnell and Joseph Walsh. Also in attendance were Frank R. Bartle, Esquire, Lawrence Gregan, Ken Amey, Russell Dunleavy, Judith Stern Goldstein, Kevin Johnson, Richard Brady, Scott Bendig, Bruce Shoupe, Rick Lesniak, Ann Shade, Stacy Crandell, Vickie Zidek, Rich Grier and Deb Rivas.
Following the Pledge of Allegiance, Chairman Chimera called for public comment from the audience and there was none.
Frank R. Bartle, Esquire reported that the Board met in an executive session earlier in the evening at 7:15 p.m. for approximately 20 minutes. Mr. Bartle reported that there were three Zoning Hearing Board matters discussed which included an application for John and Gwen Muhlig for 733 Bethlehem Pike, an application for Alpha Consulting Engineers, Inc. for 27 Airport Square and an application for Janet and Michael Maleski of 104 Major Drive. Mr. Bartle reported that all of these matters are legitimate subjects of executive session pursuant to Pennsylvania's Sunshine Law.
Chairman Chimera made a motion to approve the minutes of the June 11, 2012 Board meeting and Supervisor Michael Fox seconded the motion. The minutes of the meeting were unanimously approved as submitted.
Public Information Coordinator, Stacy Crandell, reported that the Odyssey of the Mind program in the schools is an international program that challenges teams of five to seven students to use their creativity and problem-solving skills to solve short-term "spontaneous" problems and a long-term problem that ranges from building mechanical devices to presenting their own interpretation of literary classics. Ms. Crandell introduced the very successful teams and coaches from the four schools serving the residents of Montgomery Township. Each team's coaches introduced the students and described the team's project and their accomplishments. Each team received a Certificate of Recognition from the Board of Supervisors of Montgomery Township. Resolution #1, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox, and adopted unanimously, recognized the teams and coaches from the Montgomery Elementary team (5th & 6th graders), the Pennbrook Middle School team (Pennbrook, Montgomery and Bridle Path Elementary schools), Mary Mother of the Redeemer School teams and the Penndale Middle school team (Penndale, Pennbrook Middle schools and North Penn High School).
Chairman Candyce Fluehr Chimera opened the public hearing for proposed Ordinance #12-258Z - Zoning Map Amendment - North Wales Road and proposed Ordinance #12-259Z - Text Amendment -RS Regional Shopping District Regulations at 8:28 p.m. Notes of testimony were taken by Court Reporter, Tim Kurek. Township Solicitor Frank Bartle introduced the proposed ordinances and read the legal advertisement into the record. Attorney Robert Brandt and Professional Engineer Mike Kissinger were sworn in and provided testimony regarding the proposed rezoning of the six parcels of property along North Wales Road from R-2 Residential to RS-Regional Shopping Center. Mr. Brandt testified that these six lots would be "deed restricted" in perpetuity to be used only for landscape buffer, storm water control and reserve parking purposes. Under public comment, residents Don Sherman, Adele Herman, Marilyn O'Connell and John Giardetti made comments regarding the buffering between the mall and their properties on North Wales Road, the current volume of traffic and the impact of additional traffic, storm water management controls, possible addition of a future parking area, location of loading docks, outside seating and other potential uses for properties zoned RS-Regional Shopping Center. Mr. Brandt, Mr. Kissinger, along with Township Consultants Ken Amey, Russell Dunleavy, Judith Stern Goldstein and Kevin Johnson responded to the resident's concerns. The public hearing was closed at 9:20 p.m. The Board members expressed their concern for the residents of Montgomery Village and stated that they would have only favorably considered the proposal to rezone the six properties if the deed restriction existed to protect the neighboring North Wales Road properties for the future. Resolutions #3 & #4, made by Vice Chairman Joseph Walsh, seconded by Supervisor Michael Fox, and adopted unanimously, approved Ordinance #12-258Z - Zoning Map Amendment - North Wales Road and Ordinance #12-259Z - Text Amendment - RS-Regional Shopping District Regulations.
Director of Planning Bruce Shoupe reported that the plan being presented by the Montgomery Mall was a Preliminary/Final Land Development plan for the construction of a Wegman's supermarket on the site of the former Boscov's store. Mr. Shoupe reported that the preliminary plans propose the construction of a new 144,400 square foot Wegman's Supermarket, which includes a 4,400 square foot outdoor seating area. The Township staff and consultants have reviewed this plan for compliance with Township codes. The applicant has requested 23 waivers from technical requirements of the subdivision/land development code. The staff and consultants recommend that the waivers be granted only to the extent that they concur with the recommendation of the consultants. Robert Brandt, Esquire, representing the Simon Property Group, indicated that the resolution has been reviewed and accepted by his clients. Mr. Brandt stated that this is a win-win situation for the Township as its consultants have been demanding, and the Simon Property Group believes that it has met these requirements as best as possible. Vice Chairman Joseph Walsh said that the Board is excited to see the continued economic viability of the Mall and the Board has tried to weigh that with the concerns of the residents along North Wales Road. Vice Chairman Walsh said that the Township needs to see the mall survive. Supervisor Michael Fox asked Kevin Johnson if the Township has done everything it could to study the traffic issues for a project of this type? Mr. Johnson indicated that the Township has done a significant number of studies and he is convinced that with the significant road improvements currently taking place in the area and the opening of the 202 Parkway, traffic issues along North Wales Road should improve. Supervisor Michael Fox inquired if all of the required improvement security bonds were in place? Mr. Bartle indicated that the land development agreement will call for plans and requested improvement security bonds to be filed before any permits are issued. Supervisor Michael Fox inquired if the waivers were in line with this type of project. Russell Dunleavy reported that some of the conditions were minor and expected in a redevelopment of this size and type. Mr. Dunleavy also reported that his main concern was with the storm water management and that the applicant has addressed this issue. Mr. Dunleavy indicated that he supports the waivers being requested. Judith Stern Goldstein reported that from a landscaping perspective, there is a substantial amount of landscaping proposed on the site and there are still an additional 250 trees and 135 shrubs that they are asking for a waiver of. Those will either be replaced elsewhere on the mall property or provide a fee in lieu of. Chairman Candyce Fluehr Chimera suggested that the mall could use more plantings around the property. Planning Consultant Ken Amey stated that the plan has been through several revisions and it is now a well thought out plan. Mr. Amey's main concern was finally resolving the North Wales Road parcels and knowing that there will always been a 100 foot buffer along the road. Kevin Johnson added that if there had been any other type of development on those six properties, the Township may not have been able to require any on and off site traffic improvements as are being performed under this project. Resolution #5, made by Supervisor Michael Fox, seconded by Vice Chairman Walsh, and adopted unanimously, approved the preliminary/final land development plan for Montgomery Mall Expansion/Wegman's Supermarket.
Director of Administration and Human Resources Ann Shade reported on the list of Fall 2012 Recreation Programs to be offered to the public during the months of September to December 2012. The Fall 2012 Recreation offerings included many popular programs with some new programs being introduced as well. Resolution #6, made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Robert Birch, and adopted unanimously, approved the 2012 Fall Recreation Programs and Fees.
Vice Chairman Joseph Walsh made a motion to approve the payment of bills. Supervisor Jeffrey McDonnell seconded the motion. The payment of bills was unanimously approved as submitted.
There being no further business to come before the Board, the meeting adjourned at 9:40 p.m.