Chairman W. Logan Myers convened the October 20, 2010 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors W. Logan Myers, Michael Vigunas, C. David Kramer, Anthony Chivinski and Herbert Flosdorf. In attendance were Township Manager Daniel Zimmerman, Code and Zoning Officer Thomas Zorbaugh, Roadmaster Dean Saylor, Lieutenant Edward Tobin, James S. Husser, Aaron Navarro, John Lippa, Rosemary Lippa, Katherine Hartsell, William E. Cross, Robert Cross, Jamie Strong, Chris Venarchick, Jason Mitchell, Bruce Garner, Sam High, Mike Glass, Christine Wilson, Beatrice Burkholder, A. Richard Erisman, and Bill & Doris Splain. Gary P. Klinger from the Lititz Record Express represented the press.
                   

Public Hearing to consider modification of conditions application received from Newport Square Associates. The tract is located on the south side of East Newport Road. The applicant is interested in utilizing renewable energy within the residential community and providing residential living opportunities with commercial uses and open space using environmentally conscious solar energy technologies. The proposed modification would utilize roof, land and carport based solar systems.

The Chairman announced the procedures to be followed for this evening’s hearings. The Township Manager confirmed the posting and proof of publication for the hearings.

Chris Venarchick, representing RGS Associates, explained that the request is related to the proposal to install solar panels on three lots within the Newport Square property. He indicated the location of the affected lots (Lot 35, Lot 174 and Lot 152) for the benefit of the Board. He noted that the conditional use does not propose any additional lots or additional units.

He explained that roof-mounted solar units would be installed at a 15 degree angle on top of the live-work units. He stated that the live-work units are located on Lot 152. Land-based (post-mounted) solar units would be installed on lot 35, near the detention basin. These units would be approximately 10' off of the ground. He noted that there are small (1") gaps between the units that would allow rainwater and sunlight through. He stated that a landscape screen would be installed along East Newport Road for these units. He noted that no modifications are needed for Detention Basin A, and only minor grading modifications would be needed for Detention Basin C, as part of the proposal. Carport-based units would be installed within parking areas on each of the three lots. Venarchick explained that the units would be retro-fitted over existing parking areas. He noted that emergency vehicle movement should not be impeded by the carport-based units. He added that these units would have a flat black finish and not reflective material.

He explained that land coverage for the proposal would increase from 47.2% to 47.3%. He noted that permitted lot coverage for the development is 55%.

Mike Glass, developer of Newport Square, explained that the solar unit over the playground area would be high enough that children would not be able to reach up and grab the units, or hit their heads, while playing in this area.

Flosdorf inquired how many kilowatt hours the panels would produce in a typical month. Glass responded the proposal is for a 2 mega-watt system and he is unsure how many kilowatt hours would be produced per month. Flosdorf inquired how much power would be used onsite, and how much would be sold offsite. Glass stated that less than half would be used onsite, and the rest would be added to the grid. He noted that he has signed an agreement with PPL. Flosdorf inquired whether a large inverter, or several inverters would be installed. Glass responded that they have not provided that level of detail on the plan. He stated that if the project receives Conditional Use approval, and they select a provider, they will provide more plan details. Glass stated that, at this time, they are planning to install all of the panels at one time; however, the portion north of Oak Street could possibly be a second phase. Glass noted that the project could include electrical outlets for electric cars.

Kramer inquired whether Glass is aware that the Township is currently developing an Ordinance addressing alternative energy. Glass responded that he discussed the issue with the Township Manager, and he would be agreeable to meeting the guidelines of the Ordinance as a condition of approval. Kramer inquired whether Glass is aware that he is agreeing to a condition for an Ordinance that is still being developed, and not approved. Glass stated that the Newport Square project went through several conditional use hearings, and he would work with Township staff to meet the guidelines of the Ordinance as he has done in the past. The Chairman inquired how deep are the footers for the ground-mounted panels proposed in the basin area. Glass stated that the footers would be dug at least as deep as the frost line. Glass stated that basin is owned by the Newport Square Homeowner’s Association, and they would continue to maintain the basin. Venarchick provided an illustration of the landscape screen that is proposed along East Newport Road. Glass noted that the term of the lease is 25 years.

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 Newport Square Associates.
             

Public Hearing to consider a conditional use application received from William Cross, 1561 E. Newport Road. The applicant is seeking conditional use approval under Article 340-11D(2) Farm Related Businesses under the Agricultural (AG) Zoned District.

William Cross, 1561 East Newport Road, explained that he and his son (Robert Cross) currently have a business located along Division Highway in New Holland, and they would like to relocate the business to the property at 1561 East Newport Road. He explained that he and his son both have full time jobs, and this would be a part-time business devoted to the repair of farm equipment. He stated that they weld steel, stainless steel and aluminum, and they also do small fabrication jobs and lathe and milling work. They also offer farm service calls to repair the equipment on the farm. They would like to operate from 2:00 pm. to 9:00 p.m. Monday through Friday, and from 8:00 a.m. to 5:00 p.m. on Saturday. In the event that the business would grow, and they change to a full-time operation, they would like to be open from 7:00 a.m. to 5:00 p.m. He stated that they currently have a small home workshop on the property, and this would be modified slightly to accommodate the family business. He noted that the driveway would be widened to 32' and extended to the south to allow customers to drive in and turn around making it safer to enter and leave the business property. There would be a 6' high wooden picket privacy fence constructed on the south side of the shop to screen any piece of equipment being repaired. A 36" slow running exhaust fan would be installed on the east side of the shop to remove any smoke from welding. The area covered by the driveway, dwelling, and shop (including the small addition), would cover about 29% of the lot. The Applicant addressed the guidelines for a farm related business in accordance with the Zoning Ordinance.

The Applicant addressed the guidelines for a farm related business in accordance with the Zoning Ordinance. Cross explained that most of the equipment they repair could fit inside the building. He explained that they would work with small-scale farmers to perform custom repairs. He added that there would be no outdoor lighting as part of the operation. He explained that storage of equipment waiting for parts would be either inside the screen fence or inside the building. He stated that he spoke with one of his neighbors about the proposal and they were agreeable to the business. Flosdorf asked if any painting is done, or if hazardous materials are used as part of the operation. Cross stated that they would not use hazardous materials. He noted that if needed, they would use spray paint for spot locations.

The Township Manager stated that the proposal is for a farm related business for the repair of agricultural equipment. He noted that the property is located in the Agricultural zone. He explained that the Planning Commission reviewed the proposal at their September 22, 2010 meeting, and recommended conditional approval. He outlined the recommended conditions for the benefit of the Board. The Board briefly discussed the hours of operation. Cross stated that the business would be operated on a limited basis between the timeframe of 7:00 a.m. and 9:00 p.m. Monday through Saturday. The Applicant indicated that they would be agreeable to the conditions as specified.

The Chairman inquired whether anyone wishes to comment on the proposal.

Daniel Whitmyer, 1547 East Newport Road, stated that he lives two houses away from the operation. He explained that his only concern is the traffic along East Newport Road. He stated that his dad lives across the street at 1542 East Newport Road, and the location is dangerous to pull in and pull out. He stated that the speed limit is 45 m.p.h. and traffic tends to speed at 50 m.p.h.-60 m.p.h. The Township Manager inquired whether the concern is the traffic or the speed of motorists.

Whitmyer stated that he is agreeable to the business proposal; it is the traffic along the roadway that poses a danger. Cross stated that he intends to extend the driveway so that anyone coming to the property could turn around, and would not need to back into the roadway. The Chairman inquired what average daily volume of customers comes to the current location. Cross responded that they currently serve approximately 5 customers per day. Flosdorf stated that the Applicant would need to obtain a driveway permit from PennDOT and they would verify the safety of the roadway.

On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously to close the public hearing for William Cross.
                                               

Public Hearing to discuss a request by Members First Credit Union to amend the Code of Ordinances to revise the zoning classification of a tract of land containing 0.251 acres, more or less, situated at the intersection of Owl Hill Road and SR 501. The zoning reclassification would be from the present R-1 Residential Zone to Local Commercial (LC).

Attorney James Strong stated the he is present this evening to represent the Applicant. He provided a background of the project for the benefit of the Board. He explained that the Walter property consists of two separate tracts. The tract at the intersection of SR 501 and Owl Hill Road is zoned Local Commercial, and the adjoining tract along Owl Hill Road is zoned R-1 Residential. The plan proposes construction of a credit union building on the local commercial zoned tract, and an approximate 10,940 square foot portion of the adjoining residential tract is requested for rezoning to local commercial to accommodate the proposal. He noted that the rezoned area would be added to the proposed Members 1st Credit Union site. The local commercial tract currently contains an existing dwelling which would be removed as part of the proposal. Navarro explained that the proposal was previously presented as a sketch plan to the Planning Commission at their June 23, 2010 meeting. He explained that the plan has been modified since the previous proposal based on recommendations by the Commission, by Township staff, and by neighboring property owners. He explained that the proposed building size was reduced from 4,000 square feet to 3,500 square feet, which reduced the amount of parking, and increased some of the landscaping in order to meet the guidelines of the ordinance. Attorney Strong explained that the proposed site location was also shifted toward Owl Hill Road to eliminate any encroachment into the floodplain on the property. He explained that access to the site remains from Owl Hill Road, and both tracts would be accessed via this access point. He noted that the site would be served by public sewer and public water. He stated that the Planning Commission reviewed the proposal at their September 22, 2010 meeting, and recommended conditional approval of the proposal. He added that the Lancaster County Planning Commission reviewed the proposal and also recommended approval of the rezoning. He noted that the Warwick Township Zoning Hearing Board granted several Variances to accommodate the proposal. He added that the proposal will also require a Conditional Use approval for a drive-through facility. Attorney Strong explained that the left turn lane along Owl Hill Road would be extended as part of this project. In addition, curb would be installed along Owl Hill Road, and sidewalk would be installed along the frontage of the site. Attorney Strong explained that the adjoining residential tract would remain under the ownership of the current property owner.

Attorney Strong explained that the property owner has no current plan for the adjoining residentially-zoned tract. He noted the sketch plan for the residentially zoned land illustrated the possibility of three lots on the tract, and the proposed rezoning of a portion of the tract does not affect this possibility. He added that the proposed joint access drive ensures that the residential lot would have adequate access along Owl Hill Road.

The Chairman inquired whether anyone wishes to comment on the proposal.

Katherine Hartsell, 901 Lititz Pike, stated that she currently resides in the existing home on the Walter property. She noted that she also attended the Zoning Hearing Board meeting. She stated that she was previously advised that the building does not meet the criteria to be considered historic. The Township Manager explained that the Lancaster County Transportation Authority performed a Phase I historic inventory of the building as part of the SR 501 project, using the standards of the PA Historical and Museum Commission. He added that the results of the inventory determined that the structure was not of significant historical value, which would have required further evaluation. He clarified that it does not mean the structure itself is not historic. Hartsell inquired whether the building would be considered historic by the Township's standards. The Township Manager stated that since the building is more than fifty years old, it would require written documentation and photos prior to demolition. Hartsell inquired whether Members First Credit Union is a non-profit organization. John Lippa, representing Members First, responded that they pay real estate taxes, and they pay federal taxes, although they are exempt from certain types of federal taxes. She encouraged the Board to further evaluate the historic nature of the property.

Hartsell explained that the home was constructed by George Shober in 1853, and added that Shober owned a hotel across the street where the PNC Bank is located. She stated that the windows are original, and are etched with the manufacturer's name, and a date of 1853. She expressed concern over the loss of this historic home. She stated that she has to move regardless of whether the home is deemed historic or if the credit union is constructed, and she wants to advise the community of the history of the property.

James Lippa stated that if an individual or historic organization is interested in relocating the home, they would be agreeable to the proposal, provided that the removal is done in a timely fashion.

On a motion by Kramer, seconded by Chivinski, the Board voted unanimously to close the public hearing for Members First Credit Union.

APPROVAL OF MINUTES: On a motion by Kramer, seconded by Flosdorf, the Board unanimously approved the minutes of the September 1, and September 15, 2010 Board meetings as submitted.

TREASURER'S REPORT: The Board reviewed the Treasurer's Report. On a motion by Flosdorf, seconded by Chivinski, 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 Chivinski, seconded by Flosdorf, the Board unanimously approved the payment of bills from the General Fund in the amount of $488,968.88.

TOWNSHIP MANAGER'S REPORT: The Township Manager provided a status report on the Police Feasibility Study. He explained that the draft of the study has been completed for the subcommittee to review. He noted that the initial review is scheduled for October 28, 2010.

The Township Manager provided a status report on the Township's upgraded ISO rating. He explained that the Public Protection Classification (PPC) for Warwick Township was upgraded from a 6/9 to 4/9 as part of the analysis completed by ISO on June 21, 2010.

The Township Manager stated that the intersection improvement project at West Millport Road and Woodcrest Avenue is substantially complete. The Board briefly discussed the striping on the roadway. The Township Manager stated that the striping was done in accordance with PennDOT requirements, and matches the plan design. Flosdorf suggested that guiderail be considered along West Millport Road for motorists turning left from Woodcrest Avenue.

The Board unanimously approved the Township Manager's report.

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

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster provided a report that outlines the activities of the Public Works Department during September, 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 September, 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 September, 2010. He outlined the case heard at the Zoning Hearing Board's September 8, 2010 meeting. The Board unanimously approved the Zoning Officer's Report.

COMMUNICATIONS: The Board received a letter from the Lititz recCenter summarizing their capital improvement project, and requesting the Township’s same level of funding support in 2011.

The Board received a copy of the September-October, 2010 edition of the PSATS NewsBulletin publication.

The Board received a letter from Senator Brubaker inviting representatives of Warwick Township, Elizabeth Township and Lititz Borough to meet for a roundtable discussion on November 19, 2010 from 7:30 a.m. to 9:00 a.m. at the Municipal Building.

CONSIDER REQUEST BY CVS PHARMACY FOR EXTENDING STREET PAVING DEADLINE: The Board reviewed the request. The Township Manager explained that the Applicant has agreed to extend the maintenance guarantee for the roadway from 18 months to 36 months. On a motion by Chivinski, seconded by Flosdorf, the Board voted unanimously to grant an extension of time until October 31, 2010 for the CVS Pharmacy street paving.

CONSIDER ORDINANCE #247 TO RECLASSIFY THE ZONING CLASSIFICATION OF A 0.251 TRACT FROM R-1 RESIDENTIAL TO LOCAL COMMERCIAL (LC): The Board reviewed the draft Ordinance. The Chairman explained that the Ordinance was the topic of a public hearing held earlier this evening. On a motion by Chivinski, seconded by Flosdorf, the Board voted unanimously to adopt Ordinance #247 as drafted.

CONSIDER CHANGE ORDER #3 FOR THE MILLPORT ROAD/WOODCREST AVENUE PROJECT: The Board reviewed the Change Order. The Change Order is requested to extend the project's completion date from October 18, 2010 until November 8, 2010. All work is substantially complete, and the time extension is to allow the seeding that was recently placed to come in and allow PennDOT to do their close-out of the Highway Occupancy Permit. The Township Manager explained that the Change Order does not require any changes to the project cost. On a motion by Kramer, voted by Chivinski, the Board voted unanimously to authorize Change Order #3, which extends the new contract completion date to November 8, 2010.

REVIEW 2011 FISCAL BUDGET SCHEDULE: The Township Manager stated that the Board will meet at 4:00 p.m. on Wednesday, November 17, 2010 to review the draft 2011 Fiscal Budget. The meeting precedes the Board's regularly scheduled meeting, which begins at 7:00 pm.

CONSIDER DESIGNATING FRIDAY, OCTOBER 29, 2010 FROM 6-8 PM TRICK OR TREAT NIGHT: The Township Manger explained that the designation conforms to the guidelines of the Lancaster Inter-Municipal Committee. On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously to designate Friday, October 29, 2010 as Trick-or-Treat night, from 6:00 p.m. to 8:00 p.m.

ADJOURNMENT: Upon reconvening the meeting, and with no further business to come before the Board, the meeting was adjourned at 8:40 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager