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Board of Commissioners - REVISED
Regular Monthly Meeting
Date: 5/16/2012 8:00 PM
Location: Township Administration Bldg - 2nd Floor Board Room
75 East Lancaster Ave
Ardmore, Pennsylvania 19003-2323

Minutes of the 5/16/2012 Meeting - Posted 7/6/2012 (PDF, 230 KB)

Board of Commissioners
Elizabeth S. Rogan, President

May 16, 2012
Revised Preliminary Agenda

  1. Call to Order/Pledge of Allegiance

  2. Roll Call

  3. Approval of Minutes

  4. Minutes from the stated meeting of the Board of Commissioners dated April 18, 2012 and the special meetings of the Board dated April 25, 2012 and May 2, 2012 and May 9, 2012, as distributed.

  5. Announcements/Presentations

  6. Report Out – the Board met in Executive Session on Wednesday, May 2, 2012 for a Police personnel matter and on Wednesday, May 9, 2012 for a matter in litigation.

    Report Out – the Board will meet in Executive Session this evening to receive reports from its professional staff.

    Report Out – there are certain actions which will be taken tonight that, if approved, will result in the scheduling of the following public hearings to be held on Wednesday, June 20, 2012 and intention to adopt:

    1. an ORDINANCE To Amend The Code Of The Township Of Lower Merion By The Adoption Of Chapter A181, Human Relations Commission: Rules And Regulations; Providing For The Construction Of The Regulations And For The Definition Of “Employer”; Providing For The Organization Of The Human Relations Commission Including Its Membership, Officers, Actions, Meetings, Administrative Assistance And Records; Providing For It Actions And Proceedings, Including The Filing Of Complaints And The Processing Thereof, The Filing Of Answers To Complaints And The Processing Thereof, Mediation, Investigation, Findings And Public Hearings; And Providing For Appeals And Enforcement.

    2. An Ordinance to amend the Code of the Township of Lower Merion, Chapter A180, Zoning, Historic Resource Inventory, to add the properties at 382 Bala Avenue & 327 W Levering Mill Road to the Inventory as Class 2 resources.

    Presentation: Recognition of Service – Taryn D’Ambrogi Texler – Historical Commission

    Presentation: Emergency Medical Services Week, May 20-26, 2012

    Presentation: National Public Works Week, May 20-26, 2012

  7. Public Hearing

  8. AN ORDINANCE Enacted Pursuant To The Code Of The Township Of Lower Merion, Chapter 126, Sewers, Fixing The Amount Of The Annual Sanitary Sewer Rental Fee And Establishing The Amount Of $4.51 As The Charge To Each Property Connected To The Township Sanitary Sewer System For Each 1,000 Gallons Of Water Consumed.

  9. Public Comment

  10. The Floor is now open to provide the opportunity for the public to address the Board on matters relating to agenda items, which will be voted upon at this meeting.

    Response to Public Comment - Appropriate time for any member of the Board, the Township Manager, or designated staff person to address or respond to any statement made by a member of the public during the Public Comment portion of the agenda.

  11. Public Privilege of the Floor

  12. The Floor is now re-opened to provide the opportunity for the public to address the Board on any non-agenda item or any other public matter in which the Township has jurisdiction or authority.

    Response to Public Privilege of the Floor - Appropriate time for any member of the Board, the Township Manager, or designated staff person to address and correct any statement made by a member of the public during the Public Privilege of the Floor.

  13. Consent Calendar

  14. The Consent Calendar items are indicated with a "(Consent)" notation in the immediate left-hand column next to each Committee item on the regular monthly Board agenda. If there were no request from any member of the Board for separate discussion of any item listed on the consent calendar, in which event the item would be removed from the Consent Calendar and considered in its normal sequence on the agenda.

  15. Administrative & Human Resources Committee – Mr. Churchill, Chair

  16. Legal Affairs Committee – Mr. Gordon, Vice-Chair

  17. Building & Planning Committee – Ms. Rogan/Mr. Rosensweig, Co-Chairs

  18. Finance Committee – Mr. McElhaney, Chair

  19. Grants & Community Development Committee – Mr. Zelov, Vice-Chair

  20. Police Committee – Mr. Gordon, Chair

  21. Old Business

  22. New Business

  23. Adjournment

 

Administrative & Human Resources Committee
Mr. Churchill, Chair
May 16, 2012
  1. CONSIDER FOR APPROVAL that the Township Secretary be authorized to advertise notice of a public hearing on Wednesday, June 20, 2012 and intention to adopt an Ordinance To Amend The Code Of The Township Of Lower Merion By The Adoption Of Chapter A181, Human Relations Commission: Rules And Regulations; Providing For The Construction Of The Regulations And For The Definition Of “Employer”; Providing For The Organization Of The Human Relations Commission Including Its Membership, Officers, Actions, Meetings, Administrative Assistance And Records; Providing For It Actions And Proceedings, Including The Filing Of Complaints And The Processing Thereof, The Filing Of Answers To Complaints And The Processing Thereof, Mediation, Investigation, Findings And Public Hearings; And Providing For Appeals And Enforcement.

  2. CONSIDER FOR APPROVAL the reappointment of Mark Aronchick to a further three year term on the Human Relations Commission such term to expire June 2015.

These items were referred to the Board at meetings of the Administrative and Human Resources Committee held May 2, 2012.

 

Legal Affairs Committee
Mr. Gordon, Vice-Chair
May 16, 2012
  1. CONSIDER FOR APPROVAL the Legal Affairs Committee recommendation to not consider, at this time, a two or three party settlement agreement and to stand by the original conditional use decision for the development of an apartment unit complex at 600 Righters Ferry Road, Bala Cynwyd. The Board granted conditional use approval to develop apartments in the M Manufacturing District and to develop within the floodway fringe of the Schuylkill River subject to conditions of approval. The applicant, Righters Ferry Associates, L.P. appealed the conditional use decision to the Court of Common Pleas and is seeking approval of the Settlement Agreement.

This item was referred to the Board at meetings of the Legal Affairs Committee held May 9, 2012.

 

Building & Planning Committee
Ms. Rogan/Mr. Rosensweig, Co-Chairs
May 16, 2012
  1. CONSIDER FOR APPROVAL THE FOLLOWING
    PRELIMINARY LAND DEVELOPMENT PLAN
    6 Lancaster Avenue
    , Palmer Theological Seminary,
    Wynnewood, Ward 7, LD# 3673.

    Expiration Date – 5/31/2012 ................................. Zoning – R 7/HROD

  2. Applicant – CI6E Lancaster Avenue Associates, LP
    Property Owner – Eastern Baptist Seminary
    Applicant’s Representative – Kenneth E. Aaron, Weir & Partners, LLP

    Consider for recommendation to the Board a Preliminary Land Development Plan prepared by Momenee & Associates, Inc., dated December 5, 2011, last revised April 20, 2012 showing the conversion of the existing buildings into 132 apartments. The following conditions shall be complied with prior to recording the Final Plan by means of plan revision, completion or financial guarantee, unless specifically exempted. On Monday, May 7, 2012 the Building & Planning Committee recommended approval subject to the following conditions:

    Conditional Use Approval:

    1. The Preliminary Plan approval shall incorporate conditions of approval 1-17 in the Conditional Use decision.

    Architectural Elevations:

    1. New mechanical equipment for each building and any existing equipment in the same vicinity shall be screened both visually and acoustically on all sides whether on the roof or on the ground. The screening shall be approved by the Historical Commission and Township staff, to the extent permitted by the State Historic Preservation Office to comply with the Secretary of the Interior’s Standards.
    2. The applicant shall salvage any materials for reuse in the construction to the greatest extent feasible.
    3. The Historical Commission recommended approval of the following which shall be complied with unless the State Historic Preservation Office indicates otherwise:
      1. The landscape mitigation measures in accordance with the Conditional Use order.
      2. The location and configuration of the proposed pool and pool fencing behind the dormitory building.
      3. The maintenance measures including cleaning, repointing and repair of the existing facades of the chapel and dormitory buildings, in accordance with the Secretary of the Interior’s Standards, with any conflicts to be reviewed and approved at the staff level.
      4. The rehabilitation of the dormitory building for use as apartments, including exposure of the existing basement façades in the areas indicated in the submission documents, in order to facilitate the creation of “walk outs” to serve the lower level dwelling units. All exposed façade materials shall be properly repaired and repointed to finished conditions, in accordance with the Secretary of the Interior’s Standards. Should any substantial inconsistencies be found in the materials of the exposed foundation walls the applicant shall return for staff review and approval with any disagreements to be returned to the Historical Commission.
      5. The lower level “walk outs” in the location, configuration, dimension, and materials indicated in the submission documents, including the decorative metal railings atop the Lancaster Avenue and the City Avenue “walk out” retaining walls, new and altered existing window and door openings with the exception of the muntin glazing patterns, which shall be more sympathetic to those of the existing fenestration, as well as the specific grading, berming and landscape features designed to mitigate the overall visual impact of these more prominent “walk outs”. 
      6. The retention of the existing dormitory building portico facing City Avenue. 
      7. The rehabilitation of the chapel for use as apartments, including new and altered window/door openings with the exception of the muntin glazing patterns, which shall be more sympathetic to those of the existing fenestration, and with the exception of the six monumental double hung window openings of the 1st floor sanctuary.
      8. The removal of the existing exterior light well on the west elevation of the chapel.
      9. All new masonry infill and repair work shall match existing adjacent work in materials, joint size, profile, texture and color, in accordance with the Secretary of the Interior’s Standards.
    4. The applicant shall return to the Historical Commission with a revised design for the six monumental double hung windows in the chapel that minimizes the use of stock commercial aluminum curtain wall components. The applicant shall consider a design that more closely replicates the existing double hung window system, in terms of sash division, offset of upper and lower sash, mullion divisions, muntin pattern, perimeter moldings and further sympathetic articulation of the fanlight in accordance with comments provided at the April 26, 2012 Historical Commission meeting. The applicant shall also further reconsider the full vertical division of the proposed replacement window units that is being driven by the interior partition arrangement.

    Landscaping/Site Amenities:

    1. The applicant shall work with staff to redesign the gateway landscaping so that it includes native plant material and is consistent with Township planning efforts.
    2. The applicant shall work with Township staff to ensure that the landscaping along Lancaster Avenue is consistent with the Conditional Use requirement to re-establish the historic landscape.
    3. The compact reserve parking spaces shall be striped for use by compact cars only.
    4. Additional understory vegetation shall be provided along the sloped areas of City Avenue and along the southwestern property line behind the dormitory building.
    5. Additional trees shall be provided to the east of the reserve parking area and a variety of plant material shall be provided in/or around the reserve parking area. 
    6. The applicant work with staff to find feasible locations for additional street trees along Lancaster Avenue.
    7. The applicant shall work with staff on the design and species of plants for the rain gardens.
    8. The Maintenance and Operations Plan shall be approved by staff. 
    9. The location of any proposed property signage shall be shown.
    10. The sidewalk along City Avenue shall be repaired as directed by Township staff.
    11. A revised landscape plan complying with Natural Features Code Sections 101-9 and 101-5B, with the exception of any waivers, Zoning Code Section 155-167.7 and conditions herein shall be prepared and sealed by a Registered Landscape Architect and submitted to the Township. The plan shall be approved by the Township Arborist and Planning staff prior to recording the Final Plan.

    Recreation Area:

    1. The applicant shall pay a prorated recreation fee of $148,354.00 for the balance of the required recreation area at the time the building permit application is submitted.

    Stormwater Management:

    1. The stormwater basin shall account for tail water effects from the existing conveyance system. Outlet control adjustments to the basin routing shall be made as required. This shall be verified prior to issuance of any permit for the reserve area and basin installation.
    2. During construction stormwater management controls shall be addressed in the calculations. The applicant shall submit a schedule indicating that the permanent basin can be installed and be functioning within five (5) weeks of the start of earthmoving for the reserve parking area. If this cannot be provided, during construction stormwater controls shall be provided.
    3. The location of each double ring infiltrometer test shall be indicated on the plan.
    4. The stormwater basin shall not receive runoff until the entire contributory area has been stabilized. This shall be clearly noted in the sequence of construction for the reserve parking area.
    5. The description of how the permanent stormwater basin will be operated and maintained shall be approved by the Township Solicitor prior to recording.
    6. Newly graded slopes of over 25% shall be stabilized with sod or jute netting and seed. These areas shall be delineated with shading on the plan.
    7. The Certification attesting to the completeness of the design and compliance with Chapter 121 of the Lower Merion Code shall be signed on the reserve parking plan by the responsible engineer.
    8.  The controlled and uncontrolled areas on the drainage area map for the permanent stormwater basin shall be clearly delineated. The basin shall also compensate for other disturbed/developed areas in the project if the impervious area for the reserve parking is ever installed.
    9. The existing and proposed contours shall be adjusted to conform to Lower Merion Township Datum. 
    10. The sequence of construction activities shall include notification of the Township Engineer for inspection prior to installation of the porous walkways to schedule inspections of the base stone. The rain garden installations shall be added to the sequence. 
    11. A profile shall be provided for any proposed storm sewer that is twelve (12”) inches in diameter or greater.
    12. Additional inlets/piping shall be added to the reserve parking area to better capture runoff and direct it to the proposed stormwater basin. Inlets shall also be located in areas where runoff will be trapped by the planted island. Type C inlets shall be used in conjunction with the new curb.
    13. The existing storm system that will receive runoff from the proposed basin shall be verified to be functioning, structurally sound and adequate to convey the runoff. The slope of the twelve (12”) inch cast iron piping shall be shown on the plan. The line shall be investigated to the next structure downgrade of the proposed tie-in manhole and shall also be cleaned/repaired as necessary/directed by the Township.
    14. Unless permitted otherwise by the Montgomery County Conservation District, an NPDES Permit shall be obtained prior to issuance of any permit by the Township since the total disturbance (including the reserve parking area) exceeds one acre.
    15. The runoff crossing to the adjacent properties during the construction phase of the project shall be managed so that the water quality/quantity impact is minimized to the adjacent properties. Diversion berms, stoned construction staging areas and additional inlets/piping shall be provided as required/directed to ensure acceptable conditions during the construction phase.
    16. All existing drain lines shall be clearly shown on the plan and demonstrated to be adequate to convey the anticipated runoff. It shall be clarified where the storm sewer shown from Lancaster Avenue drains through the site. The capacity of the existing and proposed storm pipes and the number/type of inlets shall be documented to be adequate.
    17. The location of the silt fence shall be shifted downgrade of the proposed rain gardens along even contour lines.

    Traffic & Circulation:

    1. The actual sight distance triangles shall be shown for each driveway. It shall be demonstrated that the existing drive provides the minimum safe stopping distance required by Penn Dot Publication Title 67, Chapter 441. Calculations shall be provided as necessary. It shall be noted what improvements are necessary to be performed to achieve minimum safe stopping distance. The Traffic Safety Unit of the Lower Merion Police Department shall approve the final drive configuration. 
    2. All drive aisle widths shall be dimensioned on the plan. The applicant shall investigate opportunities to provide an aisle width of twenty-two (22’) feet for the parking areas. 
    3. A traffic signage and pavement marking plan shall be submitted. The location of all stop signs, bars and centerline striping shall be shown. “Do-Not-Enter”, “One-Way”, and “No-Left-Turn” signs shall be clearly indicated where necessary and/or directed by the Township Engineer. 
    4. The eastern radius of the exit drive closest to City Avenue shall be increased/adjusted so that the shuttle bus/service vehicles can turn right without crossing into the next through travel lane if this driveway remains. Whichever driveway is eliminated parking spaces shall be relocated to the area that was occupied by the driveway. 
    5. A post-development traffic count and optimization of the signal timing shall be performed for the eastbound Lancaster Avenue left turn movement onto City Avenue.
    6. The applicant shall close one of the existing curb cuts along Lancaster Avenue and shall work with the Township Engineer to determine the best configuration of the remaining two driveways.

    Construction:

    1. Calculations shall be provided for all retaining walls that exceed four (4’) feet in height.
    2. A certification by a civil engineer of the condition of the existing retaining walls to remain shall be provided. Any recommended improvements/repairs shall be performed by the applicant. 
    3. A separate building permit shall be obtained for the pool. The pool, equipment and enclosure shall comply with 2009 IRC, Appendix G. The pool equipment, enclosure, and self-closing gate shall be shown on the plan.

    Utilities:

    1. All overhead extraneous wires shall be removed and/or consolidated.
    2. The existing sanitary sewers shall be shown on the southeastern side of the property to within two hundred (200’) feet of the development.
    3. All existing electric utility service locations shall be shown. 
    4. The location of all existing sanitary laterals shall be shown on the plan and confirmed with the information available in the Public Works Department.

    Plan Requirements:

    1. Concrete road control monuments shall be installed at the right-of-way at the intersection of each property line and at all changes in direction. 
    2. If required by the DEP, a Planning Module or Exemption shall be approved by the City of Philadelphia and the DEP prior to recording the Final Plan.

    Lighting:

    1. An outdoor lighting plan, sealed by a responsible design professional, that includes illuminance patterns shall be submitted to and approved by the Director of the Building and Planning Department prior to issuance of any permits. The location, luminaire type, wattage, means of control and pole height shall be indicated. Lighting shall be designed to minimize the off-site transmission of light, to shield the source of illumination and to prevent glare on adjacent properties. Exterior luminaires shall be full cut-off unless it can be demonstrated that cut-off luminaires are more appropriate and will result in less off-site light spillage. 
    2. The lighting plan shall be designed to the 2009 IECC or the 2007 ASHRAE 90.1 standards.

    Standard Conditions of Approval:

    1. If required by the Fire Department, all buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communications systems at the exterior of the building.
    2. Revisions to the plan shall address the Township Engineer’s April 30, 2012 review letter except to the extent modified in the conditions with the exception of items B6. 
    3. Any changes to the approved plans shall require the submission of an as-built plan prior to the issuance of a Certificate of Occupancy. Building and Planning staff can waive this requirement if the changes are determined to be insignificant. 
    4. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting on the property. The address numbers shall be a minimum of four (4) inches (102mm) high with a minimum stroke width of 0.5 inch (12.7mm).
    5. A copy of the revised plan shall be submitted with any changes highlighted. A letter shall also be provided with the revised plan indicating how each requested revision has been addressed in the re-submission.
    6. The Final Plan, complying with all conditions of approval, shall be filed with the Department of Building and Planning within twelve (12) months from the date of the Preliminary Plan approval. 
    7. The owner will make payment of fees and expenses of the Township’s professional consultants who perform services on behalf of the Township with respect to these plans and the work contemplated thereunder and will establish and maintain with the Township those escrows for the payment of such fees required by Township Code. Owner agrees that any statement from the Township for such fees which remain unpaid for a period of 30 days may be recorded against the property as a municipal lien. 
    8. The owner shall make payment of the Township Engineer’s and/or Clerk of the Works’ inspection fees within 30 days of presentation. A penalty of 1.5% per month will be due for late payments from the date of presentation. If any shares are not paid within 60 days of presentation, the Township may elect to suspend any outstanding permits until all pending charges are settled.
    9. The property owner(s) shall comply with all federal, state and applicable Lower Merion Township ordinances and laws regardless of specific mention herein.

    The Building & Planning Committee recommended approval of the following waivers:

    1. A waiver of Subdivision and Land Development Code Section 135-7, to not provide a Tentative Sketch Plan.
    2. A partial waiver of Natural Features Code Section 101-9A from the requirement to calculate planting standards based on the views of existing parking lots and buildings to remain unchanged.
    3. A partial waiver of Natural Features Code Section 101-9B from the requirement to provide plantings around the perimeter of existing parking areas exceeding 20,000 square feet. 
    4. A partial waiver of Subdivision and Land Development Code Section 135-30, from the requirement to provide shade trees along Lancaster Avenue due to the presence of existing steep slopes, sidewalks, buildings and parking lots.
    5. A partial waiver of Stormwater Management and Erosion Control Code Section 121-4A.1 to not provide during construction stormwater management provided the applicant submits a schedule indicating that the permanent basin can be installed and be functioning within five (5) weeks of the start of earthmoving for the reserve parking area. Earthmoving shall not commence until April 1st. 
    6. A waiver from Stormwater Management & Erosion Control Code Section 121-4B.2.d.5 to not require the seepage bed for the reserve parking area empty the Rev volume within four (4) days.

  3. CONSIDER FOR DENIAL THE FOLLOWING
    PRELIMINARY LAND DEVELOPMENT PLAN
    600 Righters Ferry Road
    , Bala Cynwyd, Ward 9, SD# 3620.

    Expiration Date – 6/3/2012 ......................................... Zoning – M

  4. Applicant – Kevin Kyle, Righters Ferry Associates, LP
    Property Owner – Righters Ferry Associates, LP
    Applicant’s Representative – Marc Kaplin, Esquire, Kaplin Stewart

    Consider for recommendation to the Board of Commissioners denial of a Preliminary Land Development Plan prepared by Taylor Wiseman & Taylor, dated March 21, 2011, last revised February 17, 2012 including Sheet 10, last revised March 19, 2012 and architectural elevations prepared by Niles Bolton Architects dated December 23, 2011, last revised January 31, 2012, showing the construction of a series of apartment buildings with 580, one and two bedroom units in the M, Manufacturing and Industrial District (M District). Each apartment building will include grade level parking with 5 stories above plus a loft/penthouse. The total building height is approximately 82’ feet. The plan is referred to the Building & Planning Committee with attention called to the following denial reasons:

    1. Zoning Code Section 155-141.2.B.7 – Conditional Use
      The applicant received conditional use approval to use the property at 600 Righters Ferry Road for an apartment use and to develop within the floodway fringe of the Schuylkill River subject to thirty-four (34) conditions. The code permits the Board of Commissioner to impose such conditions as are advisable to ensure compliance with the purpose and intent of the conditional use chapter, “which may include, without limitation, planting and buffers, harmonious design of buildings, protection of watercourses, environmental amenities and the elimination of noxious, offensive or hazardous elements.” Of the 34 conditions imposed on the applicant the proposed plan does not comply with the following:

      1. Righters Ferry Associated shall obtain necessary approvals before altering any steep slopes.
      2. Righters Ferry Associates shall reduce the number of apartment units, while keeping the requisite number of one bedroom units, if parking spaces are lost as a result of the final design of the complex during land development.
      1. Righters Ferry Associates shall provide during land development written approval or permits necessary from the City of Philadelphia confirming its right to employ its property on the Philadelphia side of the bridge for intended uses- i.e. use by pedestrians to reach the transportation hub on Ridge Avenue, use by emergency vehicles for ingress to and egress from the site, and use of the Pencoyd Bridge to access the Schuylkill River Trail in Manayunk.
      2. Righters Ferry Associates shall submit revised impervious surface calculations during the land development review process acceptable to the Township Engineer and Township Staff which include the Norfolk Southern Railway Company’s railroad track bed, and the approach to the Pencoyd Bridge in the impervious coverage calculation.
      3. Righters Ferry Associates shall submit a revised plan with its land development application with appropriate calculations acceptable to the Township Engineer and Township Staff, which identifies the location and design of the green roof required to address the impervious surface requirements.
      4. Righters Ferry Associates shall document compliance with green roof requirements necessary for the impervious coverage offsets, or reduce impervious coverage if the requirements are not me.
      1. All trash rooms, mail rooms, elevators, lobbies and all other rooms located within the floodplain and not at least 24 inches above the base flood level shall be moved during land development either further away from the Schuylkill River and outside of the floodplain, or moved so they are at least 24 inches above the base flood plan, subject to the approval of the Township Engineer and staff.
      1. Righters Ferry Associates shall comply with the requirements of Sections 155-160A during land development by locating parking spaces all of which are outside of the floodplain.
      2. Righters Ferry Associates shall comply with the requirements of Section 155-150D, subject to the approval of the Township Engineer and Zoning Officer.
      1. Righters Ferry Associates shall provide pedestrian access that is safe from interference with vehicular paths within the parking lots, and from the parking areas to and into the building entrances so that he entrances/exits of the buildings do not discharge directly into the path of vehicles in driving lanes or parking spaces.
      1. Righters Ferry Associates shall not use ‘hardi-board’ or similar products in the construction of the buildings.
      1. During land development, Righters Ferry Associates shall assure proper lighting across the bridge and any additional lighting to the sidewalk to assure safety of pedestrians, and shall properly maintain the bridge, the vehicular path and the pedestrian path, including clearing the path across the bridge during a snow event, subject to the approval of the Township Engineer.
      2. During land development, Righters Ferry Associates shall submit land development plans that are substantially consistent with its plans and evidence included in the record in the conditional use proceeding, modified nevertheless in accordance with the Board’s Findings, Conclusions of Law, Order, and Conditions of Approval.

    2. Subdivision & Land Development Code 135-7 - Tentative Sketch Plans
      The code requires that a Tentative Sketch plan shall be required when the proposed development equals or exceeds eight dwelling units or five acres of land or when the plan includes nonresidential development. The applicant never received Tentative Sketch plan approval.

    3. Zoning Code Section 155-90.1C.1.b - Dimensional Requirements
      The proposed 580 dwelling units exceed the allowable amount by 279 units. Zoning Code Section 155-90.1D.1.b requires a lot area of not less than 2,000 square feet per dwelling unit. The plan does not comply with the requirements of Zoning Code Section 155-90.1E.2.C requiring a minimum of 25% of the Public Gathering Space be landscaped with trees, shrubs, and mixed plantings with year round interest and Zoning Code Section 155-90.1E.3 requiring the trail to be constructed to a width of 10’ feet with two 2’ wide shoulders* and therefore does not qualify for the density modification of 1,000 square feet per dwelling unit.

    4. Zoning Code Section 155-90.1C.(6)(b) - Impervious Surface
      The plan shows a proposed impervious surface coverage of 51.86% or 312,458 square feet. Zoning Code Section 155-90.1C.(6)(b) permits the multi-purpose trail, required plaza areas, and paved required emergency access roads to be excepted out of the maximum permitted impervious surface. The plan states that the total impervious surface calculation excludes 50% of the impervious surface associated with the Loop Road, which is not a permitted exception. The Loop Road shall not be a permitted exception given that it is not a required emergency access road, nor is it used exclusively for emergency access.

    5. Zoning Code Section 155-90.1C.10.a - Parking
      The M District requires 2 parking spaces per unit and permits that where 65% or more of the residential units on a lot are single bedroom, and where public transportation services are available within 1,500 feet of the property, that the parking requirements for each residential unit may be reduced to 1.5 spaces per unit. According to the plan 377 (65%) of the 580 units are one bedroom units and the proposed development is located within 1,500 feet of the Wissahickon Transportation Center. The proposed 580 units require 870 parking spaces. The plan proposes 738 spaces at a 1.27 parking ratio which is 132 less parking spaces than required. Of the proposed 738 parking spaces, 42 spaces are proposed to be held in reserve, bringing the total number of paved parking spaces to 696 or 1.2 parking spaces per unit. Staff also notes that reserve parking is not permitted for apartment houses within the M district.

    6. Zoning Code Section 155-160.A - Floodplain District
      The Floodplain District permits paved roads, driveways and parking areas within the Floodplain District as special exceptions, provided that no alternative non-floodplain locations are feasible. The plan shows portions of the loop road and parking located within the floodplain district when non-floodplain locations are feasible.

    7. Zoning Code Section 155-160.D – Floodplain District
      The Floodplain District restricts development within the floodway fringe of the Schuylkill River. The plan proposes structures, including but not limited to stairs, elevators, doors, columns, screening walls, utilities, mechanical equipment rooms, equipment, lobbies, trash rooms, mail rooms, and other improvements within the floodway fringe of the Schuylkill River. 

    8. Zoning Code Section § 155-167.6 – Wooded Lot
      The application does not include the required calculations/tree survey in order to demonstrate the whether the property is a “Wooded Lot”.

    9. Zoning Code Section 155-90.1C.4.b.ii - Dimensional Requirements
      The required sitting wall has not been provided in the area between the public parking/driveway and the trail as required within the M District. Additionally the sitting wall is not included in the impervious surface calculation.

    10. Zoning Code Section 155-90.1D.3 - Design and Open Space Standards
      The M District requires the development to include open courtyards or plazas. The applicant has not demonstrated compliance with the following plaza area requirements:
      • Zoning Code Section 155-90.1D.3.a requiring that at least one plaza area abut the easement area and be oriented towards the river;
      • Zoning Code Section 155-90.1D.3.f requiring that 25% to 30% of the plaza areas are landscaped with trees, shrubs, and mixed plantings with year round interest landscaping; and
      • Zoning Code Section 155-90.1D.3.h requiring that seating space shall be provided in the plaza areas.

    11. Natural Features Code 101-5.C – Conservation of Sloping Land
      The Natural Features Code requires the minimization of disturbance on slopes exceeding 15% and prohibits disturbance on slopes exceeding 25%. The plan does not minimize disturbance on slopes exceeding 15% and to permits site disturbance on slopes exceeding 25%.

    12. Natural Features Code 101-5.B.(1)(a) & (c) - Conservation of Woodlands and Other Vegetation
      The applicant has not provided Wooded Lot calculations. A Wooded Lot is defined as any lot having more than one viable tree of a caliper of six inches or greater per 1,500 square feet of lot area. The code states, “In instances where disturbance or tree cutting of more than 25% of those existing viable trees having a dbh of six inches or greater is unavoidable or considered desirable in accordance with sound forest management practices, the individual removing such trees shall replace those removed in excess of 25% with new plantings of trees having a caliper of at least two inches to 2½ inches”.

    13. Stormwater Management & Erosion Control Code § 121-6.H. – Plan Requirements
      The code requires the applicant to provide the location, species and size in diameter of trees two feet above the ground, alone and in groves, or street shade trees. The plan does not provide this information.

    14. Stormwater Management & Erosion Control Code 121-11.A. – Shade Trees
      The plan proposes the removal of tree masses and trees with calipers of four inches or greater in order to construct the proposed development. The applicant has not provided a tree survey of the site showing the location of trees to be removed.

    15. Stormwater Management & Erosion Control Code §121- 2.A, 121-4- Stormwater Management Requirements
      The code requires infiltration of stormwater runoff. The plan does not provide for the infiltration of stormwater runoff. 

    16. Subdivision & Land Development Code 135-17.C – Preliminary Land Development Plan Requirements
      The plan uses NAVD 88 datum instead of the required United States Coast and Geodetic Sandy Hook Datum system as required by the code.

    17. Subdivision & Land Development Code 135-25. A., B. & C. – General Standards
      The code states that “Every effort should be made to avoid removal of trees having a caliper of six inches or greater from the property in the process of subdividing, land developing, grading or installing improvements.” The plan proposes the removal of existing trees having a caliper of six inches or greater from the property in order to construct the proposed development.

    18. Subdivision & Land Development Code 135-17.B.1 – Preliminary Land Development Plan
      The plan does not show names and addresses of owners and direction of flow within 200 feet of any part of the land to be subdivided as required by the code.

    19. Subdivision & Land Development Code 135-17.B.4 – Preliminary Land Development Plan
      The code requires the plan to show the location and character of existing buildings by measurement to property and street lines; the location, species and size of specimen trees and large trees alone and in groves or street shade trees. The plan does not provide this information as required by code.

  5. CONSIDER FOR APPROVAL a request to install brown painted aluminum half round gutters and corresponding brown painted round downspouts in lieu of the required copper gutters and downspouts at 1601 Spring Mill Road, Philadelphia Country Club, Gladwyne, Class 2.

  6. CONSIDER FOR DENIAL a request from the property owner at 801 Primrose Lane, Wynnewood to permit a recently installed 6 foot solid fence to remain in the right of way of Wynnewood Road.

  7. CONSIDER FOR APPROVAL authorization for the Township Manager to enter into an agreement to amend the existing lease agreement with New Cingular Wireless PCS, LLC to extend the existing lease for a wireless antenna on the existing tower at Gladwyne Park, Gladwyne for an additional five year period with four additional five year extensions. The rents paid by the tenant will be $3,000 per month, with a 3% annual increase for the full term of the lease.

  8. CONSIDER FOR APPROVAL a resolution authorizing the submission of a grant application in the amount of $35,000 to the Pennsylvania Department of Community and Economic Development for the continued implementation of commercial façade improvements in Lower Merion Township. Matching funds will be supplied by successful applicants.

  9. TOWNSHIP OF LOWER MERION

    RESOLUTION

    Resolution of the Lower Merion Township Board of Commissioners authorizing the filing of a proposal for funds from the Department of Community and Economic Development (DCED), Commonwealth of Pennsylvania.

    WHEREAS, the Board of Commissioners is desirous of obtaining funds from the DCED in the amount of $35,000 for use as façade design incentive grants for commercial properties.

    THEREFORE, BE IT RESOLVED, that these funds will used to encourage further community reinvestment within the Township of Lower Merion commercial areas.

    BE IT FURTHER RESOLVED, that the Township of Lower Merion will assume the provision of the full local share of project costs.

    BE IT FURTHER RESOLVED, that the Township of Lower Merion will reimburse the Commonwealth for the Commonwealth’s share of any expenditure found by DCED to be ineligible.

    BE IT FURTHER RESOLVED, that the Secretary of the Township of Lower Merion is directed to execute a certificate attesting to the adoption of this Resolution and to furnish a copy of the Resolution to the Department of Community and Economic Development.

  10. CONSIDER FOR APPROVAL a resolution to re-appoint two members to the Board of Directors of the City Avenue Special Services District each for an additional four year term, such term to expire December 31, 2016.

  11. TOWNSHIP OF LOWER MERION

    RESOLUTION

    WHEREAS, vacancies currently exist on the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion, and

    WHEREAS, the Articles of Incorporation of the City Avenue Special Services District provide that a Board of Director's seat that is representative of Lower Merion Township be approved by the governing body of the Township of Lower Merion through a resolution of the Board of Commissioners.

    NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Township of Lower Merion hereby appoints the following individuals to the City Avenue Special Services District Board of Directors:

    Name Term Expires
    Paul Blake December 31, 2016
    Robert “Duke” Kennedy December 31, 2016

  12. CONSIDER FOR APPROVAL authorizing the Township Secretary to advertise a notice of intent to adopt an ordinance amendment and hold a public hearing on June 20, 2012 to amend the Code of the Township of Lower Merion, Chapter A180, Zoning, Historic Resource Inventory, to add the properties at 382 Bala Avenue & 327 W Levering Mill Road to the Inventory as Class 2 resources.

  13. CONSIDER FOR APPROVAL a resolution approving the connection of the residence at 233 Righters Mill Road, Gladwyne to the existing public sewer system.

  14. RESOLUTION FOR PLAN REVISION

    RESOLUTION OF THE COMMISSIONERS OF LOWER MERION TOWNSHIP, MONTGOMERY COUNTY, PENNSYLVANIA (hereinafter “the municipality”).

    WHEREAS, Section 5 of the Act of January 24, 1966, P.L. 1535, No. 537, known as the “Pennsylvania Sewage Facilities Act,” as amended, and the Rules and Regulations of the Department of Environmental Protection (Department) adopted there under, Chapter 71 of Title 25 of the Pennsylvania Code, requires the municipality to adopt an Official Sewage Facilities Plan providing for sewage services adequate to prevent contamination of waters and/or environmental health hazards with sewage wastes, and to revise said plan whenever it is necessary to meet the sewage disposal needs of the municipality, and

    WHEREAS, Orion General Contractors, has prepared a Sewer Collection Extension Plan which provides for sewage facilities in a portion of Lower Merion Township and the alternative of choice to be implemented is installation and connection to existing public facilities. The key implementation activities/dates include connection of 233 Righters Mill Road upon receipt of approval.

    WHEREAS, Lower Merion Township finds that the Facility Plan described above conforms to applicable zoning, subdivision, other municipal ordinances and plans and to a comprehensive program of pollution control and water quality management.

    NOW, THEREFORE, BE IT RESOLVED that the Commissioners of the Township of Lower Merion hereby adopt and submit to the Department of Environmental Protection for its approval as a revision to the “Official Plan” of the municipality, the above referenced Facility Plan. The municipality hereby assures the Department of the complete and timely implementation of the said plan as required by law. (Section 5, Pennsylvania Sewage Facilities Act as amended).

These items were referred to the Board at meetings of the Building & Planning Committee held May 9, 2012.

 

Finance Committee
Mr. McElhaney, Chair
May 16, 2012
  1. PRESENT FOR ADOPTION ORDINANCE NO. ___________.

  2. AN ORDINANCE Enacted Pursuant To The Code Of The Township Of Lower Merion, Chapter 126, Sewers, Fixing The Amount Of The Annual Sanitary Sewer Rental Fee And Establishing The Amount Of $4.51 As The Charge To Each Property Connected To The Township Sanitary Sewer System For Each 1,000 Gallons Of Water Consumed.

    This Ordinance was authorized for advertising at the April 18, 2012 meeting of the Board of Commissioners and duly advertised in the May 3, 2012 issue of Main Line Times.

  3. CONSIDER FOR APPROVAL in accordance with bids received on Tuesday, April 10, 2012 at 11:00 AM prevailing time for Ardmore Pump Station Roof Replacement, it is the recommendation of the Chief Financial Officer with the approval of the Director of Public Works that a contract be awarded to the following responsible low bidder.

  4. Jim Miller Roofing and Sheet Metal, Inc.
    3 Kelly Street
    Lansdowne, PA 19050
    Total Bid: $31,235.00

  5. CONSIDER FOR APPROVAL in accordance with bids received on Tuesday, April 10, 2012 at 11:00 AM prevailing time for Belmont Ave Pump Station – Electrical Upgrades, it is the recommendation of the Chief Financial Officer with the approval of the Director of Public Works that a contract be awarded to the following responsible low bidder.

  6. Wescott Electric Company
    193 Lenni Road
    Aston, PA 19014
    Total Bid: $422,000.00

  7. CONSIDER FOR APPROVAL in accordance with bids received on Tuesday, April 10, 2012 at 11:00 AM prevailing time for Bala Gymnasium Roof Replacement, it is the recommendation of the Chief Financial Officer with the approval of the Director of Parks and Recreation that a contract be awarded to the following responsible low bidder.

  8. Wespol Construction and Metal Distributors, LLC
    1000 Route #13
    Bristol, PA 19007
    Total Bid: $38,500.00

  9. CONSIDER FOR APPROVAL in accordance with bids received on Tuesday, April 10, 2012 at 11:00 AM prevailing time for the Bala Gymnasium Water Line Replacement, it is the recommendation of the Chief Financial Officer with the approval of the Director of Building and Planning that the only bid received be rejected.

  10. CONSIDER FOR APPROVAL the authorization to dispose of surplus Township equipment by public auction, or, in the event of unsatisfactory or lack of bid(s), the Purchasing Agent shall have the authority to arrange for disposal or re-bid at a future date.

These items were referred to the Board at a meeting of the Finance Committee held May 9, 2012.

There will be a special meeting of Finance Committee scheduled for Wednesday, May 16, 2012 at approximately 7:55 PM, at which time there maybe items referred to the Board for action.

 

Grants & Community Development Committee
Mr. Zelov, Vice-Chair
May 16, 2012
  1. CONSIDER FOR APPROVAL authorizing the Building & Planning Department Community Development Division to spend an additional $9,313 which includes a $3,800 contingency to rehabilitate a dwelling in Ardmore. The total cost of this work is $67,163 and will be paid using the CDBG Residential Rehab Program funds.

  2. CONSIDER FOR APPROVAL authorizing the Building & Planning Department Community Development Division to spend an additional $2,619 which includes a $1,000 contingency to rehabilitate a dwelling in Ardmore. The total cost of this work is $47,441 and will be paid using the CDBG Residential Rehab Program funds.

These items were referred to the Board at meetings of the Grants & Community Development Committee held May 9, 2012.

 

Police Committee
Mr. Gordon, Chair
May 16, 2012
  1. PRESENT FOR ADOPTION ORDINANCE NO. ___________.

  2. AN ORDINANCE To Amend The Code Of The Township Of Lower Merion, Chapter 145 Thereof, Entitled Vehicles And Traffic, Article XV, Schedules, Section 145-108, Schedule VIII: Stop Intersections, By Establishing A Four Way Stop Regulation At The Intersection Of Clairemont Road and Stone Ridge Lane.

    This Ordinance was authorized for advertising at the April 18, 2012 meeting of the Board of Commissioners and duly advertised in the May 3, 2012 issue of Main Line Times.

  3. PRESENT FOR ADOPTION ORDINANCE NO. ___________.

  4. AN ORDINANCE To Amend The Code Of The Township Of Lower Merion, Chapter 145 Thereof, Entitled Vehicles And Traffic, Article XV, Schedules, Section 145-115, Schedule XV: Parking Prohibited At All Times, By Rescinding A "No Parking Any Time" Regulation On The West Side Of Wendover Avenue From A Point 789 Feet South Of Montgomery Avenue South For A Distance Of 100 Feet.

    This Ordinance was authorized for advertising at the April 18, 2012 meeting of the Board of Commissioners and duly advertised in the May 3, 2012 issue of Main Line Times.

  5. CONSIDER FOR APPROVAL that the Township Secretary be authorized to advertise a “Notice of Intention” to adopt an ordinance amending the Township Code by establishing a “No Parking” regulation on Old Lancaster Road, Bala Cynwyd. The restriction is needed to provide maneuverability and adequate sight distance at the driveway of a new development.

  6. CONSIDER FOR APPROVAL that the Township Secretary be authorized to advertise a “Notice of Intention” to adopt an ordinance amending the Township Code by changing the parking regulations on Yarrow Street, Bryn Mawr. Current four-hour parking spaces need to be restricted to “School Bus Loading/Unloading Only” to improve traffic flow during Shipley School hours. The need for new restrictions was identified during a development project at the school.

  7. CONSIDER FOR APPROVAL the recommendation of the Superintendent of Police of a three day suspension without pay for an officer in violation of the Civil Service Code of Discipline and of Departmental Rules and Regulations.

  8. CONSIDER FOR APPROVAL the recommendation of the Superintendent of Police of a three day suspension without pay for an officer in violation of the Civil Service Code of Discipline and of Departmental Rules and Regulations.

These items were referred to the Board at meetings of the Police Committee held May 2, 2012.

There will be a special meeting of Police Committee scheduled for Wednesday, May 16, 2012 at approximately 7:58 PM, at which time there maybe items referred to the Board for action.

 

ADJOURNMENT

RESOLVED, that this stated meeting of the Board of Commissioners
of the Township of Lower Merion stands adjourned.

The next stated meeting of the Board will
be held on Wednesday, June 20, 2012
at approximately 8:00 PM.

All meetings will be held at the
Township Administration Building
75 E Lancaster Avenue, Ardmore, PA

 

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