The Schuylkill Township Board of Supervisors held a Special Meeting on Thursday, January 14, 2009 at 7:30 p.m. at the Township Hall for the purpose of discussing the Reeves Property. Members of the Board present were Mr. Norman Vutz, Mr. Lee Ledbetter, Mr. Jim Morrisson and Mrs. Laurie Williams. Also present were Mr. William Brennan, Township Solicitor, Ms. Mary Bird, Township Manager, Ms. Marlou Gregory, Chair-Township EAC and Ms. Sandy Momyer, Chair-Historic Commission. Ms. Barbara Cohen was absent due to a previously scheduled travel commitment. Mr. Todd Pohlig and Mr. John Snyder were present. There were about 20 Township residents present.
Mr. Vutz opened the meeting and recognized Mr. John Meaney of East Philip Drive. Mr. Meaney stated he was representing the residents of East Philip Drive and their strong objections to the opening of their street to the Reeves property. He went on to state that their home values would be adversely affected and the neighborhood would be destroyed. Mr. Meaney then presented to the Board a petition signed by residents of East Philip Drive opposing the opening of their cul-de-sac. Mr. Vutz received the petition on behalf of the Board and thanked Mr. Meaney and other audience members for attending and speaking out. Mr. Vutz then mentioned that the Township ordinances on opening cul-de-sacs would have to be checked out. Mr. Meaney responded that the Philp Drive residents had obtained a legal opinion two years ago and they felt there was a very strong case against breaking into the cul-de-sac.
Mr. Snyder requested a copy of the East Philip Drive petition. Mr. Vutz read the petition out loud and stated that this was an issue the Board would have to “wrestle with.”
Mr. Brennan asked whether or not the Township can open a permanent cul-de-sac. Mr. Snyder replied that the ordinances pertain to creating one; they tell how to design one at the time of creation of a subdivision.
Mr. Morrisson questioned Mr. Snyder regarding the segment development application for an easement on the Mooney property. Mr. Snyder responded that a separate application for the Mooney property included a 50’ road ROW along the edge of the property.
Mr. Meaney was recognized and stated that he was there to discuss the breakthrough on Philip Drive. Mr. Vutz stated the Board has to weigh the legalities of punching through a permanent cul-de-sac. Mr. Snyder commented that there is a ROW and that East Philip Drive was not created as a permanent cul-de-sac – the initial ROW says no.
Mr. Brian Booker was recognized. He stated he was curious about the Mooney ROW issue. If it is established, can it be established for any volume? Mr. Snyder responded it was not individual to the Mooney property
Mr. Brennan stated that the general rule of limitations changed due to the purchase of the Mooney property. Mr. Snyder replied that the ROW is for road, not an easement for access.
Mr. Brennan then asked Mr. Snyder about the stormwater NPDES application which states developer will submit its own permit. How does it work? Mr. Snyder replied that the NPDES permit for stormwater is submitted upon preliminary plan approval; the answers to the planning module are incorrect.
Mr. Brennan then raised the issue of the question on the ROW on Sedgley; is there or is there not a 50’ ROW on Sedgley Lane. Mr. Snyder responded that it is a 50 ½ ‘ ROW; not a question of ownership. Mr. Brennan said that it will have to researched.
The issue of traffic was raised. Mr. Brennan asked Mr. Snyder about DOT permit. Mr. Snyder responded that a permit giving rights to access Rte. 23 was granted.
Ms. Lori Broker asked what the Board is doing regarding input on this application with State agencies. Mrs. Williams asked Ms. Marlou Gregory of the EAC to respond. Ms. Gregory stated that the Township has provided input all along; that nothing about the application was “rubber-stamped.” The property was walked with various agencies. There are parameters which will be observed. Ms. Broker asked if there was any recourse open. Ms. Gregory responded that the designs of the applicant are in compliance.
Mr. Meaney questioned the Occupancy Permit. If the breakthrough on Philip Drive is approved, will the PADOT Permit Application have to be reapproved? Mr. Snyder replied that would not happen because the traffic would be less.
Mr. Vutz stated that we all have to live with the rules as they stand.
Ms. Gregory questioned if the East Philip Drive opening would be considered a road or an entrance? If it is an entrance to the development, could a gate be considered. Mr. Todd Pohlig responded that cut-through traffic is a concern and he has come up with traffic calming methods with the Planning Commission.
Mr. Brennan asked if an electronic access with cards for residents could be considered. Mr. Pohlig said it could be taken under advisement.
Mr. Brennan asked Ms. Gregory of the EAC and Ms. Sandy Momyer of the HC whether they were in agreement with the applicant’s belief that all issues have been resolved. Ms. Gregory stated, for the EAC, that issues were resolved. Mrs. Williams questioned Ms. Momyer on whether an archeological survey should be done. Ms. Momyer responded affirmatively and added that she felt the Board should uphold the ordinance on a Phase I Survey. Mr. Morrisson asked if Ms. Momyer was familiar with the procedures used for archeological surveys at VFNHP or at ARC? Ms. Momyer responded that they brought in outside consultants and that the Township should do the same. Mrs. Williams questioned the cost of doing so. Mr. Pohlig said that for a small area (3-4 acres), it would be about $85,000. Mr. Snyder added that they would have no issue with someone overlooking the work at the development.
Ms. Gregory went on to comment that, at the EAC December meeting, they went over the EAC recommendations point by point. Everything was satisfied.
A discussion regarding protected trees ensued. Mr. Snyder explained that it was on a lot by lot basis but certain lots would have designated protected areas which homeowners cannot disturb with delineated boundaries marked by signage.
Mr. McAvoy, a resident, commented that this was the last chance to preserve the Reeves property, something that is a treasure, and asked the Board to consider what it is leaving for posterity. Mrs. Williams asked Mr. Pohlig about designating more open space within the property; would he sleep on it? Mr. Pohlig replied he would sleep on it but would need an appropriate avenue. Mr. Ledbetter questioned if he had any idea how it could be done. Mr. Snyder asked if he was talking about a specific offer that would work. Mrs. Williams gave her opinion that no Township Supervisor would broker a private deal; this option would be under the jurisdiction of the Open Space Commission with taxpayer money.
Mr. Pohlig then presented an alternative plan to the Board showing traffic calming measures to prohibit cut-through traffic which included narrow roads that did not go straight through but were planned with snakelike curves. He stated these were not final; solutions could be “a la carte” depending on what would be deemed to work. A resident asked about streetlights; Mr. Pohlig responded they are following the EAC guidelines in regards to this.
Mr. Ledbetter wrapped up the meeting with the statement that this was a critical milestone. The Board, as yet, has no recommendation from the Planning Commission. The Board will have the option to weigh all suggestions and ideas before making a decision.
At 9:45 PM, a motion was made to adjourn the special meeting of the Board of Supervisors.
Moved: Ledbetter Second: Morrisson Approval: Unanimous
Respectfully submitted,
Madeline M. Harbison
Assistant Township Secretary