Chairman W. Logan Myers convened the May 19, 2010 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors W. Logan Myers, C. David Kramer, Anthony Chivinski, Herbert Flosdorf, and Michael Vigunas. In attendance were Township Manager Daniel Zimmerman, Roadmaster Dean Saylor, Code and Zoning Officer Thomas Zorbaugh, Lieutenant Edward Tobin, Kenelm L. Shirk, III, Meg Davies, Kevin Varner, Kathryn B. Stoltzfus, Brent Schrock, Nelson Peters, Mark Schillaci, Michael Glass, Regina & Bill Gillis. Gary Klinger of the Lititz Record Express represented the press.

The Chairman announced the procedures to be followed for this evening’s hearings. The Township Manager confirmed the posting and proof of advertisement for the hearing. Attorney Kenelm Shirk is present this evening to represent the Applicant. He stated that the Warwick Township Planning Commission reviewed the proposal and recommended approval contingent upon only two offices being provided within the structure, and upon no more than 2 individuals being employed within the structure.

Meg Davies was sworn in. Davies testified that she has authority to represent the Applicant. She stated that the house was previously a two-family dwelling. She added that the property adjoins the mobile home park, and the only employees who work within the structure are associated with the mobile home park. Davies testified that only the first floor of the building would be used for offices for the mobile home park. She added that the second floor and basement would not be used for offices. She stated that the garage that is attached to the building would not be used for the offices.

Davies explained that one side of the building (2108 Main Street) is used for the management office, and the other side of the building (2110 Main Street) contains her office. She stated that her office houses marketing materials, and the Manager collects rent, accepts calls from residents, and discusses problems with residents that come to see her. She stated that no residential uses and no other commercial uses are proposed within the dwelling. She explained that she is agreeable to the condition that only 2 individuals may be employed at the office. She added that the only proposed renovations are to make her office handicap accessible. She stated that Mark Schillaci is the architect for the project and added that he is authorized to represent the mobile home park management to bring the office into code compliance.

The Township Manager stated that the building is currently being used for the offices; however, the proposal did not receive formal approval. He explained that Township staff advised the mobile home park management that the change of use from residential to commercial requires approval by the Township, and they submitted the proposal for review.

Davies explained that the driveway access to the building is primarily for the management. She noted that residents occasionally use the driveway to drop-off payments. She noted that the driveway is blocked with a chain between 4:00 p.m. and 8:00 a.m. She stated that the manager’s office serves only the Twin Brook Mobile Home Park; however, her office provides marketing services for other properties as well. She noted that they have been using the building as an office for approximately two years.

Mark Schillaci, representing Schillaci Architects, explained that the proposal is to renovate the existing dwelling on Mail Street into commercial office space. He outlined the improvements that would be required to make the structure ADA accessible. He explained the improvements include a ramp, sidewalk, and hardware on the access door. He stated that the current restroom will be modified to create an ADA accessible restroom. Schillaci explained that 6 parking spaces are needed to accommodate the proposal.

Schillaci stated that the improvements will result in approximately 986 square feet of new impervious area on the site. He stated that this would not require storm water management facilities since it is under the 1,000 square feet threshold.

The Board discussed whether the use of the structure could be limited in order to reduce the amount of impervious surface created by the additional parking spaces. The Board is agreeable to authorizing four total parking spaces to accommodate the proposal (3 standard and 1 ADA accessible).

The Chairman inquired whether anyone present wishes to comment on the proposal. No one present indicated their desire to comment on the proposal. On a motion by Chivinski, seconded by Kramer, the Board voted unanimously to close the public hearing for Twin Brook Mobile Home Community, LLC.

PUBLIC HEARING #2 - APPLICANT MICHAEL GLASS AND MARGERY DANA, ORCHARD ROAD, LLC IS SEEKING CONDITIONAL USE APPROVAL UNDER SECTION 340-14.D(1) CLUSTER DEVELOPMENT AND SECTION 340-59 SPECIFICALLY IN THE R-1 RESIDENTIAL ZONE. APPLICATION IS FOR A CLUSTER OVERLAY PROVISION FOR A RESTRICTED 55+ RESIDENTIAL COMMUNITY. THE PROJECT SITE IS LOCATED ON THE NORTHWEST SIDE OF ORCHARD ROAD, APPROXIMATELY 1,200 FEET FROM THE INTERSECTION OF NEWPORT ROAD

The Township Manager confirmed the posting a proof of advertisement for the hearing.

Joel Snyder, representing RGS Associates, was sworn in. Snyder explained that the plan is relatively unchanged from the Sketch Plan that was previously reviewed. He explained that the site was recently rezoned to R-1 Residential to accommodate the proposal. The proposal is being developed under the "cluster" provision of the Zoning Ordinance. He explained that the plan proposes single-family dwelling units, and would be age-restricted to individuals age 55+. Snyder explained that the plan proposes a total of 114 single-family condominium units on the approximate 49.5 acre site, which equates to 2.3 dwelling units per acre. Snyder explained that the current access to the site is designated as an emergency access on the plan, and the proposed access would be to the east of the existing access. He noted that the access road would be 28' wide, and this access and all internal roadways would be privately-owned. He explained that the internal roadways would be approximately 20' wide.

Snyder stated that an approximate 3,500 square foot community building is proposed on the site with an outdoor patio/dining area. He explained that sidewalks are provided throughout the community. Snyder stated that the plan provides for a future secondary access through the adjoining Gerhart property to Brunnerville Road, if it is developed in the future. He explained that the majority of the proposal is proposed on the open field that is part of the overall tract, and the existing wooded area on the tract would be maintained. Snyder noted that the property owner is developing an open space management plan for the overall site. Snyder outlined the stormwater management facilities for the benefit of the Board. He explained that the facilities include rain gardens, and the open space management plan would include these areas.

Snyder stated that although the site would be served by public water, a stormwater & fire flow pond are proposed to provide additional water pressure and fire suppression. He explained that there is grade differential of approximately 20' at the pond; therefore, the pond might be tiered with a waterfall due to the grade of the site at this location.

Snyder addressed the Township Engineer’s comment letter dated April 21, 2010. He stated that the developer is agreeable to the comments and conditions outlined in the letter and as discussed at the Planning Commission meeting held on April 28, 2010. A discussion ensued regarding the possibility of a constructing a left-turn lane on Orchard Road. Snyder stated that the developer is agreeable to providing a left-turn lane.

Michael Glass was sworn in. Glass stated that each condominium unit would receive a real estate tax bill for their unit, and they would be assessed 1/114 of the cost of the taxes for the open space, which would be included on one bill to the Homeowner’s Association. Vigunas inquired how the age-restriction would be enforced. Glass explained that the restriction would be stated on the deed for each unit and the Homeowner’s Association would initiate enforcement if needed.

The Chairman inquired whether anyone present wishes to comment on the proposal. No one present indicated their desire to comment on the proposal. On a motion by Kramer, seconded by Vigunas, the Board voted unanimously to close the public hearing for Michael Glass and Margery Dana, Orchard Road, LLC.

APPROVAL OF MINUTES: On a motion by Kramer, seconded by Vigunas, the Board unanimously approved the minutes of the April 7, and April 21, 2010 Board meetings as submitted.

TREASURER’S REPORT: The Board reviewed the Treasurer’s Report. On a motion by Chivinski, seconded by Vigunas, the Board unanimously approved the Treasurer’s Report as submitted.

PAYMENT OF BILLS: The Board reviewed the list of bills submitted for payment. On a motion by Kramer, seconded by Vigunas, the Board unanimously approved the payment of bills from the General Fund in the amount of $170,232.86.

TOWNSHIP MANAGER’S REPORT: The Township Manager provided a status report on the Police Feasibility Study. He explained that he met with Lititz Borough representatives on May 17, 2010. He explained that he advised the representatives that the Township will pursue a different approach by contacting other municipalities to discuss joint policing options. He added that, subsequently, Township staff met with representatives of Penn, West Earl, Ephrata and Clay Townships. He explained that all of the representatives expressed a strong interest in exploring a regional potential.

The Township Manager provided a status report on the Snavely Mill Road project. He explained that letters have been mailed to the affected property owners detailing the project.

The Township Manager provided a status report on the Millport Road/Woodcrest Avenue project. He explained that the project will begin the first week of June. He estimated that the project will be completed by the second week of August. He noted that letters have been mailed to the affected property owners.

The Township Manager provided a status report on a Planning Commission appointment. He explained that Township Staff recommends appointing Ken Kauffman to the Planning Commission. He stated that Kauffman has been serving on the Zoning Hearing Board for the past 6 years and added that he is a HVAC engineer working for Moore Engineering. He expressed the opinion that Kauffman would be a good addition to the Planning Commission. He noted that this evening’s agenda also includes a new candidate for the Zoning Hearing Board. He added that both candidates would be good additions to the respective boards.

The Township Manager explained that West Earl Township discussed the possibility of Warwick Township’s Code and Zoning Officer (Thomas Zorbaugh) to serve as their Zoning Officer on a part-time basis (5-6 hours per week). He explained that the Code and Zoning Officer lives in West Earl Township and currently serves on their Zoning Hearing Board. He noted that he would need to resign from the Zoning Hearing Board to serve as their Zoning Officer. He stated that due to decreased building in the Township, the proposal is feasible as this time. The Board is in agreement to authorize the Code and Zoning Officer to serve as Zoning Officer for West Earl Township as discussed.

The Board unanimously approved the Township Manager’s report.

TAX COLLECTOR'S REPORT: The Board reviewed the April, 2010 Tax Collector's report. On a motion by Flosdorf, seconded by Vigunas, the Board unanimously approved the Tax Collector's April, 2010 report.

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster provided a report that outlines the activities of the Public Works Department during April, 2010. The Board unanimously approved the Public Works Department Report.

POLICE DEPARTMENT REPORT: Lieutenant Tobin presented a report that outlines the activities of the Police Department during April, 2010. The Board unanimously approved the Police Department Report.

ZONING OFFICER'S REPORT: The Zoning Officer presented a report that outlines the Zoning/Building permits issued in April, 2010. He explained that the Zoning Hearing Board did not meet in April since no zoning applications were submitted for review. The Board unanimously approved the Zoning Officer’s Report.

CONSIDER THE DALE K. STOLTZFUS FINAL SUBDIVISION PLAN, PREPARED BY DIEHM & SONS, DATED 12/29/10: Kevin Varner, representing Diehm & Sons, explained that Kathryn Stoltzfus owns an approximate 3.56 acre tract of land along the north side of Disston View Drive in the Agricultural zoning district. The tract contains an existing dwelling and other improvements, and is served with an on-lot septic system and individual well. Portions at the rear of the site are wooded with the remainder being in lawn. The Applicant proposes to create a two-lot subdivision on this property. Lot 1 would be approximately one acre and include the existing dwelling and improvements.

Varner explained that the proposed use of Lot 2 is a detached single-family residence on approximately 2.33 acres. The proposed lot will be served by on-lot sewage and a well. The proposed lot is for Mr. and Mrs. Stoltzfus to construct a dwelling for their own use. Varner explained that Lot 1 would be sold. He added that the proposal received Conditional Use approval at the Board’s March 3, 2010 meeting.

Varner addressed the Township Engineer’s comment letter dated May 12, 2010. He noted that only one lot is allocated for subdivision from the parent tract. The Township Manager explained that Township staff viewed the proposal as Lot 1 being the subdivided lot, with Lot 2 being remaining lands. He noted that due to its small size, the lot is not a viable farm, although it is located within the Agricultural zone. The Township Manager explained that the Township has typically waived the Land Development Plan requirement for Conditional Use applications for single-family homes. Varner outlined the stormwater management facilities proposed for the site.

The Applicant is requesting a Waiver of Section 285.27.J(3) pertaining to improvement of existing streets and intersections. The Applicant is offering a fee in-lieu-of the requirement in the amount of $2,976.00 (includes 10% contingency). The Planning Commission recommended conditional approval of the Waiver at their January 27, 2010 meeting. On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously to grant a Waiver of Section 285.27.J(3) contingent upon the applicant submitting a fee in-lieu-of the actual construction in the amount of $2,976.00.

On a motion by Flosdorf, seconded by Kramer, the Board voted unanimously to approve the Dale K. Stoltzfus Final Subdivision Plan contingent upon the Township Engineer’s comments being addressed, upon execution of the Dedication Certificate, upon providing the appropriate Letter-of-Credit amounts to the Township, upon the Escrow amount being submitted to the Township, upon recording of the Stormwater Management Agreement, and upon the application scheduling a pre-construction meeting with Township staff.

CONSIDER THE NOLL-HURST REVISED FINAL SUBDIVISION PLAN, PREPARED BY DIEHM & SONS, DATED 3/31/10: Kevin Varner, representing Diehm & Sons, explained that the property owner (Violet Noll) proposes to reconfigure her 2 existing residential properties to add land from one property to another. In addition, she wishes to transfer a 9+ acre tract to the adjacent farm owned by Raymond Hurst and family. The add-on to the Hurst family will involve tillable agricultural land. This land would increase the Horsts total farm area to 29.26 acres. The lands which Noll would reconfigure involve her two residential properties and will provide additional on-lot sewage disposal areas, and create new boundary lines which will follow the existing macadam driveway which provides access to the Lot. Both of these residential properties are part of an existing right-of-way agreement for the common use of the driveway which serves Mrs. Noll's properties as well as neighboring properties. The Township Engineer explained that there is no construction proposed as part of the plan.

The Applicant is requesting a Waiver of Section 285.12.A pertaining to Final Plan scale. The applicant's consultant has requested a Waiver of the requirement to enable the processing of the plan at a scale of 1"=200' as submitted (rather than 1"=100'). The Planning Commission recommended conditional approval of the Waiver request at their April 28, 2010 meeting. On a motion by Flosdorf, seconded by Vigunas, the Board voted unanimously to grant a Waiver of Section 285.12.A.

On a motion by Flosdorf, seconded by Vigunas, the Board voted unanimously to approve the Noll-Hurst Revised Final Subdivision Plan contingent upon the Township Engineer’s comments being addressed.

CONSIDER REQUEST TO REDUCE LETTER OF CREDIT FOR THE DEAN GARMAN PROJECT: The Board reviewed the request. The Township Engineer commented that based on their most recent observation of construction progress at the site, compared with the original Letter-of-Credit estimate amounts, they recommend the Township release $2,416.15 from the current Letter-of-Credit account. The retainage represents their estimate of the costs to complete the remaining site improvements. On a motion by Flosdorf, seconded by Kramer, the Board voted unanimously to release $2,416.15 from the Letter-of-Credit for the Dean Garman project.

APPOINT KEN KAUFFMAN TO THE WARWICK TOWNSHIP PLANNING COMMISSION: On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously to appoint Ken Kauffman to the Warwick Township Planning Commission.

APPOINT BRENT SCHROCK TO THE WARWICK TOWNSHIP ZONING HEARING BOARD: On a motion by Chivinski, seconded by Kramer, the Board voted unanimously to appoint Brent Schrock to the Warwick Township Zoning Hearing Board.

CONSIDER SOLAR PROPOSAL BY SUNLION ENERGY SYSTEMS, INC. TO THE TOWNSHIP: The Township Manager explained that the proposal is in conjunction with the Act 127 Program, which is a PPL rebate program for solar energy. He stated that the firm is requesting a non-binding letter of intent to represent the Township to PPL for the program. The rebate amount would be equal to 40% of the installed cost of the solar system. In addition, the remaining balance would be handled by an equipment lease. The Township Manager explained that 60kW solar panels would be placed on the municipal building, public works building and police buildings. He stated that SunLion has indicated that the lease cost should be at least neutral to the Township’s electrical costs plus the SREC revenue for the 7-8 year term. The Township Manager noted that the Municipalities Planning Code (Section 3102, Subsection H.3) excludes the requirement to bid if a Township is purchasing electricity. The Board briefly discussed the proposal. On a motion by Chivinski, seconded by Kramer, the Board voted unanimously to authorize the Township Manager to execute a non-binding agreement with SunLion Energy Systems, Inc. as part of the Act 129 program.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Township Manager explained that the Rothsville Fire Police received a request from Elias Landis to assist with parking at an auction scheduled for Sunday at the Salem United Methodist Church, which is across Rothsville Road from the Landis property. The Fire Police advised that the Township would need to approve the proposal before agreeing to provide traffic service. The Board briefly discussed the request. On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to authorize parking on the Elias Landis property contingent upon a restriction against parking directly along Rothsville Road.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:59 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager