NEW HOPE BOROUGH COUNCIL 125 NEW STREET, NEW HOPE, PA MARCH 18, 2014 PUBLIC MEETING AGENDA 6:30 P. M Executive Session Re: Collective Bargaining Matters 7:30 P. M. Regular Meeting ROLL CALL John Burke, Borough Manager, called the roll. Bill Scandone, Claire Shaw, Cliff Montgomery, Connie Gering, Geri Delevich, Rey Velasco, Nick Gialias, Borough Solicitor T. J. Walsh and Chief Cummings attended. MAYOR’S REPORT Mayor Keller stated that he received phone calls from residents complaining about the citations they received because their sidewalks were not cleared of snow and ice during the winter months. Police officers showed flexibility in giving people a couple hours leeway, and in some cases the sidewalks still were not cleared. There are too many slip and fall accidents, and the Police Department will continue to maintain a strict enforcement of this ordinance. Mayor Keller asked Council for consideration of authorizing the purchase of a telephone system for the Police Department. Mayor Keller recommended the Acteon NEC SV8100 at a cost of $7,550.84, which will rise after March 31 to $9,653.00. After the first year, there is a $1,080.00 a year maintenance fee. The Acteon system was the low bid received by the Borough. The Mayor stated that the current system in the Police Department is an Acteon system, and the department has had no complaints about the system of the maintenance service. The old system has to be replaced because it can no longer be serviced; parts are no longer available. Claire Shaw asked for a motion. Bill Scandone moved to approve the purchase and Rey Velasco seconded. Claire Shaw asked for comment by Council and the public. Geri Delevich asked if this was budgeted. Mayor Keller answer no. Nick Gialias asked if there is any kind of fund available that is put aside for this unexpected expense. John Burke answered yes; we have an unreserved, unallocated fund balance in the General Fund that is available for emergencies. The motion was passed unanimously. 1
COUNCIL PRESIDENT’S REPORT Claire Shaw announced the next regular meeting of Council scheduled for Tuesday, April 15, 2014 has been rescheduled to Tuesday, April 8, 2014 due to the Passover holiday. Also, the May meeting scheduled for May 20, 2014 has been rescheduled to May 13, 2014 due to the Primary Election. Claire Shaw also announced the Annual Easter Egg Hunt, the upcoming activities of the New Hope Garden Club, and the Canal Cleanup event. Report of the Ad Hoc Committee on the Community Room Nick Gialias announced that the committee is dedicated to improving sound quality without having to spend a lot of money. They have investigated items that would dampen the sound similar to the panels that were already installed and which have been effective. The committee recently met with the Monte Brothers who has an impressive resume working on a lot of government buildings, churches, courtrooms etc. A proposal was presented that would involve 11 microphones in different areas of the meeting room; the microphones would be specifically geared for this meeting environment. The committee was informed that the speakers that are located on the platform behind Council are ineffective and cause a lot of vibrations. The proposal calls for 6 speakers placed in strategic areas around the room. The cost would be a little over $22,000. We need the right sound system and believe that this proposal should be explored. Claire Shaw added that Council could address this at its next meeting for a discussion. Geri Delevich added that she feels that this is the right direction to go, instead of the $2,000 purchase of carpeting and additional sound proof panels. There is a guarantee that there will be good sound quality. Nick Gialias added that the Borough does not pay until we are happy with the sound, which is a pretty strong guarantee behind the product. CONSENT AGENDA Claire Shaw asked for a motion to approve the Consent agenda, as follows. A. Consideration of approving payment of accounts payable for March 18, 2014, in the amount of $104,174.12; of payroll for February 19, 2014, in the amount of $56,286.04; and of payroll for March 5, 2014, in the amount of $63,579.04. B. Consideration of approving the minutes of the February 18, 2014 public meeting of Council. Rey Velasco moved to approve the Consent Agenda and Geri Delevich seconded. Claire Shaw asked if there was any discussion by Council or the public. There was none. 2
COUNCIL VICE PRESIDENT’S REPORT Rey Velasco announced that he had nothing to report. CONSTITUENT OUTREACH AND BUSINESS ADVISORY COMMITTEE REPORT (Claire E. Shaw and Bill Scandone) Claire Shaw asked Bill Scandone if he had anything to report. Bill Scandone answered that at this point he has nothing to report, but added that there will be a committee meeting this coming week. Claire Shaw stated that some of these committees are new and will need some time to get off the ground and something should be in place by May. ENVIRONMENT AND RECREATION COMMITTEE (Geri Delevich and Cliff Montgomery) Cliff Montgomery asked for consideration of awarding a contract for landscape maintenance services in 2014. Cliff Montgomery moved to select Mizu Contracting of Newtown, PA, who came in as the lowest bid at $15,350.00, for the landscaping contract. Mizu was the contractor who was selected to do Lenape Park and the quality of work was excellent and they still continue to maintain the water facilities in the park. Rey Velasco seconded. Claire Shaw added that there were three bids total and the highest bid came in at $21,000 and the next highest came in at $19,000. Claire Shaw asked Council and the public if there was any discussion. There was none. The motion was passed unanimously. Claire Shaw announced that discussion of the Tile Mural Project, which is item 7B, has been withdrawn from the agenda and will be heard in May. ECONOMIC DEVELOPMENT COMMITTEE REPORT (Connie Gering and Cliff Montgomery) Connie Gering announced that the Revitalization Committee had a guest speaker, Steven Barth, who is an Economic Revitalization Development Consultant, at its last meeting. He came in to present ideas on how to revitalize Main Street. Landlords need to clean up their properties along with installing proper signage especially for the parking. There will be further discussions in the next couple of meetings. Cliff Montgomery moved to adopt Resolution No. 2014-­‐08R, adding a representative of the Free Library of New Hope and Solebury to the Revitalization Committee. Rey Velasco seconded. Claire Shaw asked if there was any discussion by Council or the public. There was none. The motion was passed unanimously. Cliff Montgomery moved to appoint Ms. Polly Wood to the Revitalization Committee for a term expiring on December 31, 2016. Rey Velasco seconded. Claire Shaw asked if there was any discussion by Council or the public. There was none. The motion was passed unanimously. 3
CIVIC SECTOR TASK FORCE REPORT (Bill Scandone, Chair; Geri Delevich and Connie Gering) Bill Scandone stated that this group is about creating working relationships with non-­‐profit organizations within the Borough. There have been 21 organizations identified to this point and to date most of them have been contacted and assigned one of the members from this committee as a liaison. The discussions included how to share ideas and how they can work together and support each other. There are about 9 organizations they still need to contact. This committee meets on a monthly basis on the day before each Council meeting. Currently, they are coordinating a meeting with all of the organizations for late May. Geri Delevich stated that the focus of the group is about teamwork and read an email she received from F.A.C.T. Bucks County giving a good example of such teamwork. Geri Delevich announced that the New Hope Historical Society is inviting everyone to the world premiere of the new documentary entitled, “The New Hope Lambertville Bridge,” connecting two towns spanning two centuries and celebrating the two hundredth anniversary of the New Hope Lambertville Bridge. The debut of the film will be at the Bucks County Playhouse on April 10, 2014 at 7:30 pm. The admission is $20.00 for members of the New Hope Historical Society and $25.00 for non-­‐members. This is a perfect example of two non-­‐profit groups working together to support each. Roy Ziegler came forward and announced that this is a 35-­‐minute documentary that has been under production for the last year and a half and they are very proud that the Historical Society stepped forward and volunteered to do this. A number of organizations have supported this event including the Bucks County Visitors’ Bureau, Wells Fargo, Brian C. Meadows, Esq., Ballard Spahr LLP, and Andrew Prestipino. The admission cost includes a DVD of the documentary. In response to a question from Claire Shaw, Roy Ziegler stated there would be two historic films shown and one is of the Delaware Canal in operation in the late 1820s and the other film features interviews with Edward Redfield and Daniel Garber who were great artists of the area. Roy Ziegler added that the bridge brought tremendous industry to both sides of the river. On September 13 there is going to be a celebration of the bridge at Lambertville Station. There will be a steamboat running on the Lambertville side, as well as a regatta of boats down the Delaware. Claire Shaw thanked Roy Ziegler. Claire Shaw asked Bill Scandone to provide the names of the organizations and the liaisons for those organizations for the next meeting. Geri Delevich asked for consideration of a request for a special event permit by the Greater New Hope Chamber of Commerce for the Liberty Festival, June 20-­‐22, 2014, including requests to close East Ferry Street and a portion of West Ferry Street for vendors and exhibits, to use Ferry Landing Park and Lenape Park, and to conduct a parade starting at 11 am on June 21, 2014. 4
Jim Jolly, representing the Chamber of Commerce, stated that this event is in conjunction with the Coryell Ferry Militia and Landmark Towns to commerate George Washington during the time when he crossed the Delaware River. Bob Gerenser stated that the parade would include the local ambulance squad, fire company, and Council. The parade will form at the high school and end at Coryell Street. It will be a three-­‐
day event having people dressed in colonial clothing presenting the town to the guests and there will be a regimental ball at the firehouse. There will be soap and leather demonstrations throughout the day, getting a lot of the businesses involved over the weekend. There will be a Scotch Irish Band and a 5K-­‐walk and race using the Borough approved route. Bob Gerenser asked Council if he could dig a hole 8 feet deep and 18 inches in diameter down at the American Legion lot to install a pole so they can put their hats on top of the pole to celebrate freedom as the Greek slaves did when they were freed. John Burke asked the height of the pole. Bob Gerenser answered about 25 feet. John Burke directed Mr. Gerenser to check with the Code Enforcement Officer because even though the pole may not need a permit, there might be safety requirements for it. Bob Gerenser answered that he would do so. Claire Shaw asked for a motion. Rey Velasco moved to approve the special event permit. Geri Delevich seconded. Claire Shaw asked for comment by Council and the public. Claire Shaw stated the plans to use West Ferry Street are vague. Bob Gerenser answered that on the south side of West Ferry up against the Parry Mansion is where they would like to put some vendors and presenters. Claire Shaw asked Bob Gerenser to come back in April with more definitive plans for the use of West Ferry Street and to also obtain permission for the use of the parks from the Park and Recreation Board. Geri Delevich thanked Bob Gerenser for all that he does for New Hope and Jim Jolly who is doing a great Job as the newest member of the Chamber and Landmark Towns. Bob Gerenser asked Council if they would consider riding a horse and buggy in the parade. Council accepted the invitation and thanked Bob Gerenser. Nick Gialias commented how pleased he was that the merchants are getting so involved with all these events, and that it could be of great economic impact to the town. 5
The motion was approved unanimously. Geri Delevich asked for consideration of a request by the New Hope Historical Society to place a banner sign at the Parry Mansion from April 1 through September 30, 2014 to commemorate the 200th anniversary of the New Hope – Lambertville Bridge. Rey Velasco offered a motion to approve the banner; Nick Gialias seconded. Claire Shaw asked for comment from Council and the public. There were none. The motion was passed unanimously. Geri Delevich asked for consideration of a request by the New Hope Historical Society to place a banner sign at the Parry Mansion from April 18 through June 10, 2014 to publicize the Garden Tour scheduled for June 7, 2014. Claire Shaw asked for a motion. Rey Velasco moved to approve the request. Geri Delevich seconded. Claire Shaw asked for comment from Council or the public. There were none. The motion was passed unanimously. Geri Delevich asked for consideration of a request by the Bucks County Children’s Museum, 500 Union Square, for waiver of certain permit fees in connection with an addition to the museum. Claire Shaw asked if there was anyone present from the museum. Kelly Krumenacker, President & Executive Director of the Children’s Museum, came forward and identified herself. Kelly Krumenacker asked Council for a reduction in the permit fees. She is planning an expansion of the museum in April and with this expansion, they can increase their capacity for more visitors, more services and more field trips. Claire Shaw added that in 2011 when opening the Children’s Museum, Council agreed to reduce the fees at that time to the amount of what it would cost the Borough to process the permits. John Burke added that the estimated cost is $400.00 but without a good set of plans to look at, that figure may be subject to change during the plan review and inspection process. Claire Shaw suggested a motion that the Children’s Museum would be charged a fee commensurate with incurred costs for this project relating to clerical, building and zoning expenses. Bill Scandone moved to approve this motion. Rey Velasco seconded. Claire Shaw asked Kelly Krumenacker if that was acceptable. Kelly Krumenacker answered yes, and thanked Council. Claire Shaw asked if there were comments from Council or the public. There were none. 6
The motion was passed unanimously. Geri Delevich asked for consideration of a request by Sparta Cycling, Inc. for a special event permit for the Thompson Bucks County Classic scheduled for September 13, 2014. John Eustice, Sparta Cycling, came forward and identified himself as the event coordinator. For the past two years there was discussion about having this race finish in New Hope and this year that is what the request is. This is an internationally ranked race by the UCI (Union Cycliste Internationale), which is the organization that sanctions the Olympic games, Tour De France, and the world championships. It is one of 6 UCI Races in the United States. Mr. Eustice has dedicated his entire life to this sport. They are requesting the finish line to be on Main Street north of Bridge Street at Randolph Street, and the end of the race would be about 2:30 pm, September 13, 2014. This would not affect Main Street on the other side of Bridge Street. Claire Shaw asked for a motion. Rey Velasco moved to approve the event. Geri Delevich seconded. Claire Shaw thanked John Eustice for honoring his promise to have the finish in New Hope this year. This will be a spectacular event and asked John if he spoke to the chief yet about police services. John Eustice answered that he has not but is planning to. Rey Velasco thanked John Eustice for all his efforts for this event. Geri Delevich added that this is a beautiful race and she has been at the start of the race for the past two years. Claire Shaw asked how many riders would be in the race. John Eustice answered about 180, and they are planning a women’s race in the future. Cliff Montgomery asked if they are all professionals. John Eustice answered it is both amateurs and professionals. Ed Duffy came forward and asked why wouldn’t this finish be at the Playhouse. John Eustice responded that especially for the first year, the finish planned already is perfect for this race. They do not want to shut all the businesses down in the middle of a fall weekend by finishing in the middle of town. The motion was passed unanimously. Claire Shaw asked John Eustice if he recommended a car free pedestrian zone for that event from 12:00 to 4:00 pm on September 13, 2014. Pam Kerr, N. Main Street, was concerned with the time frame that the road would be closed. 7
Claire Shaw decided to work with the Mayor and the Chief on what would be feasible for the residents and come back in April with a follow up. Geri Delevich asked for consideration of a request by New Hope Celebrates for a special event permit to hold a parade on Saturday, May 17, 2014, from 11:30 am until 1 pm. Ryan Fuller stated that the parade would start in Lambertville this year because they want to join both towns in the celebration. Rey Velasco moved to approve the special event permit and Geri Delevich seconded. Claire Shaw asked Council and the public for comments. There were none. The motion was passed unanimously. Claire Shaw asked for a motion to close East Ferry Street and Ferry Landing Park for New Hope Celebrates. Rey Velasco moved to close East Ferry Street and Ferry Landing Park from 11:00 am to 6:00 pm on May 17th. Connie Gering seconded. Claire Shaw asked for comments from the public and Council. There were none. The motion was passed unanimously. John Burke reminded Ryan Fuller that they must obtain permission and a signed permit from the Park and Recreation Board for the use of the park that day. MANAGER’S AND SOLICITOR’S REPORTS T. J. Walsh announced the next item on the agenda is a Public hearing to consider adoption of Ordinance No. 2013-­‐02, establishing a Life Partnership Registry. There was appropriate public notice and the ordinance was advertised in the March 11, 2014 issue of The Intelligencer. This ordinance will create a registry whereby life partners in a life partnership can self-­‐certify to the Borough by fling a form. The self-­‐certification is made under penalty of perjury. The Borough would then register the participants. The participants can at any time file subsequent forms to amend or terminate and the Borough can change the registry to reflect that change. If a hospital called the Borough, it would be able to provide evidence that an individual is in a life partnership. Claire Shaw asked for a motion to approve. Geri Delevich moved to approve the ordinance and Rey Velasco seconded. Claire Shaw asked Council and the public for comments. Rey Velasco asked where the form is picked up. John Burke answered at Borough Hall. Bob Gerenser asked what kind of liability does this put on the Borough. T. J. Walsh answered none, because it is a self-­‐certifying registration. The Borough is reporting it as a registry; the Borough is not required to investigate the self-­‐certification. 8
Claire Shaw asked Council and the public if there were any more questions. Claire Shaw thanked T. J. Walsh for his good job on this. The motion was passed unanimously. T. J. Walsh announced that the public hearing is closed. Rey Velasco thanked everyone involved in the registry. Claire Shaw announced the next item on the agenda is consideration of adopting Resolution No. 2014-­‐09R, establishing a fee for registration of life partnerships. John Burke added that the fee is $25.00. Claire Shaw asked for a motion. Rey Velasco moved to approve the fee and Cliff Montgomery seconded. Claire Shaw asked for questions from Council and the public. There were none. The motion was passed unanimously. Claire Shaw announced the next item on the agenda is consideration of adopting Resolution No. 2014-­‐06R, updating the New Hope Borough Emergency Operations Plan. John Burke stated that every two years the Borough is required by law to update its Emergency Operations plan and this is that update. Minor changes have been made to the previous plan and once approved, it will be submitted to the Bucks County Emergency Management Agency, as required by law. Claire Shaw asked for a motion to approve. Rey Velasco moved to approve the update and Cliff Montgomery seconded. Claire Shaw asked if there were any questions from the public or Council. Geri Delevich asked if there were any significant changes made to this plan as opposed to the plan that was adopted two years ago. John Burke answered no. Geri Delevich commented that the plan mentions critical facilities such as housing facilities for seniors and the disabled providing emergency power and alternative energy sources. Does New Hope Manor have this? John Burke answered that as far as he knows New Hope Manor does not have a generator. Geri Delevich added that the plan says they should have one. John Burke stated that there is no code requirement that would force them to install an emergency power generator. 9
Geri Delevich asked how do we maintain a list of special needs residents and how do we establish it and maintain it. John Burke answered that we do not establish or maintain it. This is accomplished by Bucks County through the special needs registry, a joint program administered by the city of Philadelphia and the other counties of Southeastern Pennsylvania. There has been information on the website for the last five years with links to sign up for that program, and the information is available to our emergency personal through the Bucks County Emergency Management Agency. The motion was passed unanimously Claire Shaw announced the next item on the agenda is consideration of appointing a labor attorney. John Burke announced that this year the Borough would be involved in collective bargaining with the New Hope Police Benevolent Association. The Borough has solicited four proposals from labor attorneys: Neil Morris of Offit Kurman, Ryan Cassidy of Eckert Seamens, Joseph Rudolph of Dilworth Paxson, LLP and Patrick Harvey of Ballard Spahr. The rates vary anywhere from $285.00 an hour up to $325.00 an hour for qualified labor attorneys. Mr. Burke recommended selecting Ryan Cassidy of Eckert Seamans at a cost of $285.00 per hour. If we ultimately get into arbitration, we would use him and others from his firm for those hearings. Claire Shaw asked for a motion to approve the recommendation. Bill Scandone moved to approve the choice of Ryan Cassidy of Eckert Seamans. Cliff Montgomery seconded. Claire Shaw asked Council and the public for comments. There were none. The motion was passed unanimously. Claire Shaw announced the next item on the agenda is consideration of adopting Resolution No. 2014-­‐07R, approving participation in the planning process for the Bucks County 2014 Hazard Mitigation Plan Update. John Burke stated that the County has provided a Hazard Mitigation Plan for all its municipalities for the last 10 years. This is the third iteration for this plans and it is required by the Federal Government to be updated every 5 years. If the Borough is not a signatory or does not participate in this plan, we would not qualify for Hazard Mitigation Grant funds following a disaster. It is important for the Borough to participate in the Hazzard Mitigation planning process, and we should adopt this plan once it is adopted by the county and approved by FEMA. Claire Shaw asked for a motion. Rey Velasco moved to approve Resolution No. 2014-­‐07R and Nick Gialias seconded. Claire Shaw asked for comments from Council and the public. There were none. The motion was passed unanimously. LAND USE AND HISTORIC PRESERVATION COMMITTEE REPORT (HARB – Nick Gialias; Zoning Hearing Board – Rey Velasco; Planning Commission – Bill Scandone) Claire Shaw asked T. J. Walsh to discuss the past history of the Krist property at 10 Old Mill Road, T.M.P. 27-­‐006-­‐040-­‐002, consisting of 2.04 acres in the R-­‐2 Zoning District. 10
T.J. Walsh stated that this is for discussion only, and there is no application before Council this evening. Currently, there are two buildings, one is the main house and one is the accessory dwelling. The accessory dwelling was approved in 2002 when the Zoning Hearing Board allowed a variance to allow construction closer to the front yard lot line that what would normally be allowed. This accessory dwelling was limited to one border or one person unrelated or two people who have to be related to the people who live in the main dwelling. In 2011 the family submitted another application to subdivide the property and create two lots to roughly an acre and needed a variance for the lot size for the zoning district. That application was opposed by Council and denied by the Zoning Hearing Board. Steve Darlington, representing the Krist family, read the following letter into the record. I would like to thank the Borough Council for this opportunity. The history of our property and why we are here tonight is enclosed in your information packets, but I would like to add a few comments. Previous to our ownership, 10 Old Mill Road was literally a dump. It was four crumbling mill walls that sat neglected for over 100 years, and a pond that was filled with rusting shopping carts and old machinery. I saw possibility. After we put a deposit on the property our first hurdle was to prevent a Lindal Cedar Homes sales manager from buying it. He planned to knock down the walls and install a modern pre-­‐fab house. Instead, we outbid him, and in 2001, built a HARB award winning restored property that has been our home for nearly 14 years. A few years later, after it became clear that my husband’s parents were failing and could not live on their own, we applied for a permit and built an accessory dwelling to care for them. We were granted permission, but with a use restricting the occupancy to married in-­‐laws. My in-­‐laws enjoyed many happy years in the home and we are grateful for that time together. Fast forward 11 years -­‐ my in-­‐laws have passed away. We now have an empty home.... and with my parents both gone, no legally allowed dwellers to warm up the place. The extreme restrictions of the occupancy variance, granted to accommodate our unique family situation, have now become a burden on what is otherwise an asset to the neighborhood. To find a buyer with the exact same family situation who might meet those restrictions is almost impossible, and so the auxiliary house is technically useless, and virtually devoid of value. We never intended to build a house that would devalue our property; we just wanted to take care of my in-­‐laws. However, we now find ourselves grappling with the unintended consequences of these actions and restrictions. We are marketing a property for sale where we must disclose to interested buyers that no one may occupy the detached dwelling unless they are a familial relation, and only up to two of them, and only if they are legally married. This restriction is, to say the 11
least, unusual to hear advertised in this day and age, and it is affecting our search to find New Hope’s next proud residents. Our family has always strived to be an asset to the community, having contributed to countless local benefits. My husband Bob, a National Geographic photographer, has done fundraising talks for the Fire Department and the Riverside Symphonia, documented our town folk in the New Hope In Character project, as part of the revitalization launch of the New Hope Arts Center, where he has also made pro bono portraits of over fifty military families on behalf of the Arts Center. And our Jonathan Krist Foundation has given away over $100,000 in scholarships, and provides outreach programs in music education, for both local students as well as those from surrounding areas. We took great pains to make the property we created on Old Mill Rd. an authentic part of historic New Hope. The mill looks just like it did in Joseph Pickett’s 1914 painting, Manchester Valley, which is part of the permanent collection in the Museum of Modern Art. The mill is a highlight on the NH-­‐Ivyland train tour. While the time has come for us to move on in retirement, we want to leave behind a property that can be enjoyed by new community members for years to come. So tonight we are asking for your approval of our intent to apply at the Zoning Hearing Board for the removal of the occupancy restriction on the detached dwelling. We do this not only to free up the occupancy for a future owner beyond that dictated by family status, but also with the intent to apply for a condominium division of the two homes, thereby creating two independently condo-­‐owned homes on one land parcel. Based on the enclosed survey, we feel the property conforms to the necessary requirements for a condo division, which has long been a popular method for creating two separate, detached dwellings in the Borough. We have attached the pertinent ordinance chapters for your reference, along with the site plan and photographs, and other examples in the Borough where such a plan has been enacted. I still see possibility so thank you for your time and consideration.” Peggy Krist Claire Shaw asked what they are looking for from Council tonight. Jesse Darlington answered that they want to know if Council will oppose the application if they go to the Zoning Hearing Board. Nick Gialias asked if the minimum lot size in the R2 district is 2 acres. T. J. Walsh confirmed that information. Nick Gialias stated there is some level of precedent for this request. Mr. Gialias feels that the application should just go to the Zoning Hearing Board and he has no problem with it. 12
Cliff Montgomery added that the road is narrow and asked if the proposal would increase traffic on that road. Jesse Darlington answered that the detached dwelling is a two bedroom and realistically two or three occupants are a reasonable occupancy. There is a one-­‐car garage on the lower level and parking spaces for two or three cars on site for that building only, in addition to the primary residence that has another four or five spaces. We are not suggesting multiple units for the accessory building. T. J. Walsh added that the second house is two stories and is about 1400 square feet per floor with about 4000 square feet total in the main house. Bill Scandone stated that there has been an unintended hardship created as a result of what the Krist’s were trying to do to comply with zoning in the past. T. J. Walsh added that when it was created the zoning was a 2-­‐acre minimum, so anything less than that was going to create some kind of a variance. By right you could have an accessory building with one person that was not related and they can still do that now. Jesse Darlington stated that when the R2 Zoning District was re-­‐defined in 2006, he thought they were stuck with the original variance and no lodging. T. J. Walsh answered no, if it went away that would make it non-­‐conforming because that existed legally before 2006. Geri Delevich stated that she lives across the street from the Krist property. it is an R2 zone and when they wanted to build the additional dwelling there was concern about it becoming another rental property which is why the Zoning Hearing Board limited it to one person or two people that were related. There are several other properties on Old Mill Road that have the potential to be converted to apartments and homes. Old Mill Road is only 12 feet wide and smaller with snow and does not need any more traffic. The road was built for horse and buggies and the house she lives in was an Old Mill house. Geri read the following definition of an R2 Residential District into the record: “The purpose of the R2 Residential District is to recognize and accommodate development at low densities in sections of the Borough where single family development has occurred and where development intensities and densities shall be low to protect critical and natural areas like such as streams, slopes, woodlands and wetlands.” Zoning regulations are designed to protect the character of the existing neighborhood. The garage next door could be become an apartment and other properties have the same potential on the street. The original intent of supporting a family caring for their parents was supported, but the language in the Zoning Hearing Board decision is to protect the neighborhood from anything other than that. Rey Velasco asked if the driveway allows for two separate homes. Jesse Darlington answered yes; there are two parking areas on top of the driveway about 15 feet off of the main road for both structures. In addition, there is a driveway that runs down the center of the property that leads to two garages with a turn-­‐around as well. 13
Geri Delevich added that Tom Markey mentioned that he is not sure a fire truck can get down Old Mill Road and with the snow you couldn't get an ambulance, garbage or a fire truck to pass down the street. It is a very unique road and the zoning hits it perfectly and is designed to keep the character of the neighborhood intact, as well as protect the safety of the residents who live on the street. Claire Shaw stated that the Zoning Map and the Zoning Ordinance are there for a reason, although she can appreciate the restrictions placed on the property, but this is a restriction that the family agreed upon and they need to go back to Zoning Hearing Board. Ms. Shaw stated that she would not support the use change. Claire Shaw asked if there were any more comments from Council or the public. There were none. Rey Velasco announced the next item on the agenda is the review and discussion of Zoning Hearing Board appeal no. 381, submitted by Maurice Harmon, for 11 Chestnut Street in the RB zoning district, seeking certain variances to allow construction of a two-­‐car garage and driveway. Ralph Fey came forward and identified himself as representing the applicant. Mr. Maurice Harmon was also present. Margaret Harris came forward and introduced herself as the resident who lives on the north side adjacent to Mr. Harmon’s house. She bought her house 10 years ago and never had any issues with water until the last 5 years when Mr. Harmon’s basement floor was poured and the water problems began. The water got worse and worse, and she recently discovered that her foundation was cracked and at a cost of $16,000 she fixed that problem. Margaret Harris is concerned with the application for a new structure going before the Zoning Hearing Board requesting more impervious surface then what is allowed. She is requesting that Council join her to oppose this application. Ray McCarthy came forward. He is another neighbor from Chestnut Street asked if there has there been a storm water survey done for this property. Ralph Fey, architect, stated that there will be two types of studies done for this project. The first will be to evaluate the current system and drainage below grade to see if it does what it was designed to do, and the second study will be to determine storm water flows and to make recommendations for an appropriate design. These studies are topological and hydraulic studies. T. J. Walsh asked if the studies would be done by the April 3, 2014 public hearing date. Ralph Fey answered no. T. J. Walsh stated that he is not sure that the applicant should go to the hearing without those studies. 14
Ralph Fey stated a second component, beyond the studies, would be to use pervious pavers as treatments and other techniques to bring the impervious ratio down to the allowable amount. Claire Shaw asked how long has Mr. Harmon owned his home. Mr. Maurice Harmon answered 2 years. Claire Shaw asked if he tried to do anything to mitigate the water run off. Mr. Maurice Harmon answered that he first heard about it this fall and what currently exists is three thousand gallon tanks that are in the front of the structure. Mr. Harmon also stated that he would like to see something scientific to understand more of what is happening. The neighbor has an inverted slope that was addressed with some type of system that she had installed. Another large storage tank could be installed to drain additional water and he is willing to do that. Margaret Harris stated that after his house was built, her sidewalk was ruined and became very uneven. It was flat at one time. Claire Shaw stated that this is a really small lot and the project does not seem to fit this property. Bill Scandone asked Ralph Fey if pervious pavers become impervious over time. Ralph Fey answered yes; they have to be maintained so that does not happen. Rey Velasco asked if other neighbors had problems with flooding. Margaret Harris answered Dominic and Ellen Carp had to build a lip near their Bilko doors to prevent water from seeping into their home. Claire Shaw stated that the real problem here is the increase in impervious surface since it appears to have an effect on Margaret Harris’s property. Nick Gialias added that this is very hard to figure out and complicated. If there are problems now, we should refrain from taking a position at this time until expert analysis is introduced. Mayor Keller agreed that those studies are important and those studies will not be ready for the Zoning Hearing Board. The Mayor suggested to the applicant that he might want those studies before going before the board. Ralph Fey added that this is a $4,000 study and if there is no chance in obtaining a variance, the money to do the studies is not worth it. T. J. Walsh stated that the applicant may have to do it anyway because the plan was approved by a subdivision in 2004 or 2005 and storm water management was most likely a requirement of the plan approval and needs to be fixed if it does not work, and today we are sitting here 15
thinking it may not work. Those approval documents will most likely have the language to fix those problems. Claire Shaw added that she would oppose this because the water runoff issue needs to be corrected. Geri Delevich stated that a garage is a luxury in New Hope, but one should be able to have a dry basement. Mr. Maurice Harmon asked Council to keep an open view until scientific information becomes available because these two events may not be related. John Burke stated that he understands Mr. Harmon’s point, but he is asking to exceed the impervious surface allowable by the ordinance without the benefit of any types of studies and in the face of possible issues with neighboring properties. The problem is that sending you to the Zoning Hearing Board without Council opposing this application may allow a bad situation to get worse. Mr. Maurice Harmon answered yes, that is correct but he is proposing an additional system to accommodate the additional run off. Ray McCarthy added that the studies are imperative. Ralph Fey stated that the next plan of action is to be taken off the agenda for the Zoning Hearing Board in order to complete the studies. Nick Gialias stated that the applicant has a much better chance of success by resolving the issues with his neighbors and by having his neighbors on board and by having Council be the second option, not the first option. OTHER BUSINESS There was none. PUBLIC COMMENT Laurence Booth wanted to make the following information clear, the Friends of the Free Library of New Hope and Solebury is a separate entity (5013C). Friends of the Library across the nation basically help local libraries raise funds. Laurence Booth announced that there is a Meatball Madness fund-­‐raiser on April 8, 2014 at John & Peters for the library. Ed Duffy commented on the gas leak information attached to the agenda, which has been updated on the Borough website, and which Ed brought to Claire’s attention. Ed Duffy asked if PECO would agree to conduct a yearly inspection of gas generators in the Borough. ADJOURNMENT 16