MINUTES OF MEETING
MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS
SEPTEMBER 25, 2006
At 7:45 p.m. Chairman Bill Sarosky called to order the executive session. In attendance were Supervisors Greenberg, Kuhn, Prousi and Witmer. Also in attendance were Merle Ochrach and Chief Richard Brady.
At 7:55 p.m. Chairman Bill Sarosky called to order the work session. In attendance were Supervisors Greenberg, Kuhn, Prousi and Witmer. Also in attendance was Merle Ochrach. Chairman Sarosky made a motion to approve the consent agenda at this time and Vice Chairman Witmer seconded the motion. All consent agenda resolutions were approved unanimously and are listed at the end of these minutes.
At 8:00 p.m. Chairman Bill Sarosky called to order the regular meeting. In attendance were Supervisors Greenberg, Kuhn, Prousi and Witmer. Also in attendance were Gilbert High, Special Counsel to the Board, Merle Ochrach, Rich Brady, Kevin Costello, Bill Brightcliffe, Monica DeCaro, Ken Amey, Rick Tralies, Phil Wursta, John Chambers and Deb Rivas.
Merle Ochrach announced that the Board had met briefly in executive session to discuss matters of personnel.
There was no public comment on any items not listed on the agenda.
Merle Ochrach, with assistance from Mike Galla, provided a public education presentation whereby she explained the legal process on subdivision/land development procedures, rezoning/zoning ordinance amendments and conditional use applications. This explanation was done to help explain the process to the many residents who were in attendance for the Conditional Use Hearing for the Zehr Tract.
At 8:10 p.m., Chairman Sarosky called to order the public hearing. Notes of testimony were taken by Court Reporter, Byron Battle. Chairman Sarosky introduced Gilbert High, special counsel to the Board of Supervisors for this hearing. The applicant, Wayne Rosen, was represented by attorney Frank Bartle. Mr. Bartle announced that his client would prefer to pursue the rezoning of the property to R3b to allow for the construction of age-restricted town homes. Chairman Sarosky indicated that the Board was ready to proceed with the conditional use hearing. Mr. Bartle presented a plan showing 16 single family homes and four industrial use lots, one of which included an indoor/outdoor athletic facility. The conditional use in question was the indoor/outdoor recreation facility. Mr. Bartle had several consultants testify in addition to Mr. Rosen. They included Kirk Clauss, Engineer, John Caruolo, Traffic Engineer, and John Kennedy, Land Planner. The Board had Ken Amey and Phil Wursta offer their comments for the record. Under the Board comments, Mr. Witmer indicated that the preferable option would be to have the Township take control of the land and to use it as open space, however, that option is not possible. Mr. Witmer felt that the comments made regarding the athletic facility enhancing the Township’s park system was inaccurate as there is no access to the facility other than by car. Mr. Sarosky said that the recreation piece was a good use for the back of the tract, adjacent to the Township’s largest park. Mr. Prousi questioned whether food items would be for sale in the athletic facility. Mr. Bartle indicated that all restrictions regarding food would be adhered to. Mr. Greenberg inquired about the mailing which was sent out in July announcing a new sports center with groundbreaking and grand opening dates. Mr. Rosen and Mr. Bartle indicated that they had no knowledge of the mailing. Mr. Greenberg also reiterated that the Zehr Tract was a viable environmental resource with significant natural areas as also stated by the Montgomery County Planning Commission. Mr. Greenberg suggested that no matter what type of development occurs on the tract, a preservation easement for the natural resources must be included. Mr. Kuhn emphasized that the developer has the right to develop the property and the Board finds itself between a rock and a hard place. Mr. Kuhn emphasized that restrictions need to be in place so that users do not violate the natural land. Public comment followed whereby various residents representing the Village of Neshaminy Falls, Montgomery Soccer Association, individual owners along Stump Road and Montgomery Greene Homeowners made comments and asked questions of the Board, Mr. Bartle and Mr. Rosen. The comments included issues concerning increased traffic and the recreational facility being an intense use facility, how this development will benefit our community, and how this development affects the current sports fields at the Zehr fields. The Board discussed limiting the hours of operation of the recreational facility. Another resident questioned where the pool would be discharged. After much discussion, Gilbert High concluded for the Board that the applicant met the conditional use. The hearing closed at 10:55pm. Resolution #1 unanimously approved the conditional use for Greenway Development for the Zehr Tract with the condition that the hours of operation be set from 7 a.m. to 9 p.m.
Chairman Sarosky opened the Public Hearing for the Rezoning of the Zehr Tract at 11:05 p.m. Notes of testimony were taken by Court Reporter, Byron Battle. Chairman Sarosky announced that the Board initiated this rezoning because it was felt that the low intensity use of the land was a compromise to not being able to purchase it for open space. Ken Amey displayed a zoning map and explained the history of the Zehr Tract and how the LI zoning came about. Mr. Amey displayed a concept drawing showing how 55 single homes could be built on the property while preserving 25 acres for open space. Kevin Costello stated that the Township currently had 500 acres of parkland and open space, 60 acres of which were active fields. The Township has nine parks which contain 13 baseball fields and 15 soccer and multi-use fields. Mr. Costello also outlined the five year capital projects plan for recreation and the additional fields which will be constructed. John Chambers indicated that there were no engineering concerns with rezoning the LI portion back to R1. Roy Rodriguez provided a brief history of the property and its historical significance to the Township. Under public comment, Gary Hess who owns one of the properties along Stump Road in front of this tract, said that he has major concerns with drainage no matter what is developed on this tract. The Board indicated that his concerns can be addressed during the land development process and asked the staff to make sure Mr. Hess is notified of all meetings regarding this property. Mr. Bartle indicated that many residents had signed petitions supporting the rezoning of the property to R3b. Mr. Bartle indicated a net benefit to residents because there would be more taxpayers who would not have school age children using the public school system. The Board indicated that over 20% of Montgomery Township housing is already set aside as age-restricted housing. Chairman Sarosky closed the hearing at 11:45 p.m. Chairman Sarosky commented that the audience was a pleasure to have in attendance, showing complete attentiveness and interest in this process. Resolution #2 unanimously approved the rezoning of a portion of the Zehr Tract from LI to R1.
Earlier in the work session, the Board approved the consent agenda which consisted of the following: The approval of the minutes of meeting of September 11, 2006 and payment of bills as submitted. Resolution #3 authorized the Township Manager to advertise for public meetings for proposed 2007 budget workshops. Resolution #4 set the annual date for the public works inspection for October 21, 2006. Resolution #5 approved the Minimum Municipal Obligation. Resolutions #6, #7, #8 and #9 approved the Deeds of Dedication for Heather Lea II. Resolution #10 approved the escrow release for Knapp Farm. Resolution #11 authorized the awarding of the bid for fire fighting equipment to Municipal Emergency Services. Resolution #12 approved the change in benefit provider. Resolution #13 approved the employee benefit plan document and Resolution #14 approved the waiver of development for Lamagination. All resolutions were unanimous.
There being no further business, the meeting adjourned at 11:58 p.m.