Board of Supervisors
Thursday, April 16 2009
SUPERVISORS PRESENT: Edward J. Brandt, Chairman Chip Behr, Vice-Chairman Dr. J. Richard Booth Kathleen Hunsicker ABSENT: George Hayeck STAFF: Larry M. Comunale, Township Manager Craig McAnally, Assistant Township Manager Carole Culbreth, Assistant Secretary James J. Garrity, Esq. Township Solicitor David W. Connell, Township Engineer Joseph Zadlo, Zoning Officer Call to Order and Pledge of Allegiance The Chairman called the Special Meeting to order at time 7:10 p.m. in the Lower Gwynedd Township Municipal Building and led those in attendance in the pledge of allegiance. The Chairman advised the purpose of the meeting was to review and then act upon a tentative settlement agreement between the Township and Penn Florida Realty, L.P. to end litigation on the Spring House Village Shopping Center. Welcome and Announcement of the Purpose of the Meeting The Chairman introduced the Board of Supervisors, Township Staff, Victor DePallo, Al Gryga and Pat Bello of DePallo Design & Planning. He asked Mr. Garrity to conduct the meeting. Mr. Garrity stated since 2005 Lower Gwynedd Township and Penn Florida, LLP have been involved in a number of lawsuits. He stated the litigation has gone all the way to the Pennsylvania Supreme Court. Mr. Garrity said the shopping center needs renovation. He stated the parties exchanged settlement ideas and over the last six months have come to a tentative agreement. He stated the land development process will be public and may be expedited in some areas to facilitate a new look to the existing shopping center. Mr. Garrity summarized the settlement agreement which will include a new park. He stated two sketch plans will be reviewed. Mr. Garrity said there will be 62% imperious coverage and no variances other than the impervious. He noted the plan review will be expedited but consistent with Lower Gwynedd Ordinances. Mr. Garrity said the new Township park will be paid for entirely by Penn Florida and will utilize a portion of the Township’s property and a portion of the shopping center’s property. He said it will include two ponds and a waterfall. Mr. Garrity stated it may be difficult for Penn Florida to obtain tenants with the present economy, if so; a number of aesthetic improvements will be completed. He noted the LGT Planning Commission reviewed and recommended the settlement agreement on April 15, 2009. Review of the Settlement Plan and the Park – DePallo Design & Planning, LLC Victor DePallo and Al Gryga, DePallo Design & Planning, LLC reviewed a slide presentation with the Board and residents in attendance. Mr. DePallo noted last year the Township commissioned DePallo Design & Planning to design a park which incorporates the new village center. He noted that the Township owns 1 ¼ acres on Sumneytown and Bethlehem Pikes adjacent to the 18 acre Spring House Village Shopping Center. Mr. Gryga continued the slide presentation describing the orientation of the site by identifying roadways, two shopping center layouts, existing features of ponds, trees and green buffers, and discussing the primary goal of the New Spring House Village Center public open space to be a community park and an amenity for the Township residents. He noted it will be environmentally sensitive, pedestrian friendly, vehicular functional, and visually pleasing. Mr. Garrity asked for questions and comments from the Board and residents. Emma Smith, Gwynedd Hunt questioned the expansion of Sumneytown Pike. Mr. DePallo answered Sumneytown Pike will be expanded on the south side. Ms. Smith noted the traffic light backs up and heard that the traffic light may be moved. Mr. Garrity stated these are concept plans that are dependent upon receipt of significant funding. Diane Cedar, Gwyn Ayre, asked if the maintenance of the park will be the township’s responsibility. Mr. Garrity replied the maintenance of the park will be handled by the township. Kathy Pelitti, Lower Gwynedd, asked which store would be the anchor. Mr. Garrity answered there are no specific leases for the spaces. Paul Kelly, Swedesford Road, asked if the ponds would be part of the storm water management plan. Mr. Garrity stated the design will allow for some added retention and for water quality. Mr. Kelly asked who was responsible for the ponds. Mr. Garrity replied the ponds will at all times be the township’s responsibility. Mr. Connell advised the storm water management aspect will be reviewed in the land development plans. Floss Levy, Foulkeways, asked how the Canadian geese will be handled. Mr. Gryga answered control techniques will be considered. Gloria Jones, Penllyn, asked what affect the ponds will have on Willow Run Creek. Mr. Connell answered NPDES regulations and the volume and water quality is addressed by underground utilization which will allow the sediment to settle which might result in the water in the creek being cleaner. Jackie Muzina, Gwynedd Hunt, asked if there is any fencing around the two ponds. Mr. Gryga answered that no fencing is proposed. Emma Smith, Gwynedd Hunt, asked if the number of parking spaces will remain the same. Mr. Garrity answered Plan A has 612 and Plan B has 624 and the present number is 628 parking spaces. He noted the parking lot is reconfigured allowing for better utilization of the spaces. Leo Gomez, Gwynedd Hunt, asked what are the plans for the existing buildings. Mr. Garrity answered they will be torn down. Bill O’Neill, Lower Gwynedd, asked how deep are the ponds. Mr. Gryga replied four feet. Mr. O’Neill asked if there are requirements to fencing the ponds. The Chairman is also concerned with the lack of fencing around the ponds. Mr. Gryga noted the design has a shallow end with no steep drop-off . The Chairman noted that detail needs to be addressed. Neil Trueblood, Gwynedd Valley, stated a fence will obstruct the aesthetic view of the pond. He preferred the more subtle gateway design. Scott Rhea, Gwyn Ayre, asked what is the decision process for picking the gateway plan. Mr. Behr replied the sentiment is clear. Mr. Rhea asked if there was a time frame. Mr. Garrity replied when tenants are obtained Penn Florida will start to build. Mr. Rhea asked what if the economy continues to be negative. Mr. Garrity stated Penn Florida is committed to some improvements within the next five years whether tenants are located or not. Forn Miller, Woodbridge Meadows, asked what businesses will occupy the center. Mr. Garrity answered there will be no stand alone drugstore; if there is a drugstore it will be an inline store. Lisa Brown, Woodbridge Meadows, asked if there will be sign restrictions. Mr. Garrity answered the signage will remain the same and will be consistent with Township regulations. Mary Cullom, Arpeggios, preferred Option A. She asked if a public restroom was planned. Mr. Garrity replied it was not. Herb Levy, Foulkeways, noted the LGT Planning Commission reviewed the plans favorably. He has concerns with the two 19th century homes being torn down. Mr. Levy said the Planning Commission recommended the two historic houses be photographed with the historic commission. Scott Rhea was pleased that the plan depicts the pathway continuing up
Sumneytown Pike. The Chairman said that is the intention of the Board to extend the trails and have a walkway to the shopping center from Gwynedd Mercy College and other areas. John Oplinger, Lower Gwynedd, asked if the land will be transferred to the township. Mr. Garrity replied an easement will be conveyed to the township. Joel Cohen, Bangor Lane, envisions a theatre of the arts in the existing Giant building. The Chairman stated we can propose this to the owner. Paul Kelly, Swedesford Road, asked if there were any significant waivers or variances. Mr. Garrity stated the property currently has 62% impervious coverage which was legal when the center was built. He noted the impervious coverage guidelines were changed to 40% but the new shopping center will not be more than 62% impervious coverage. Kevin Gentilcore, Reserve of Trewellyn, commended the Board and staff for doing an outstanding job. The Chairman stated the Board has been committed to obtaining an agreement with Penn Florida over the last five years. He noted the Board wanted to offer the best agreement to the residents. Ms. Hunsicker thanked Mr. Garrity for all his work. She said it is all positive and thanked the public for coming out tonight. Dr. Booth thanked the Chairman for his great leadership and Mr. Connell, Mr. Comunale and Mr. Zadlo for their work on the project. Mr. Behr said ditto to the above; it is a great agreement. The Chairman stated Mr. Hayeck had to attend a funeral out of town and asked that his absence be excused. Mr. Garrity asked the Board to take action this evening. Action on the Settlement Agreement Dr. Booth made a motion, seconded by Mr. Behr to approve the settlement agreement with Penn Florida as presented and reviewed by the solicitor. The motion carried 4 – 0. The Chairman invited the public to come back for the land development process on the New Spring House Village Shopping Center. There were no additional comments. There being no further business, the meeting was adjourned at 8:30 p.m. until the next meeting scheduled for May 12, 2009. Respectfully submitted, Carole Culbreth Assistant Secretary
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