Board of Supervisors
Thursday, December 18 2008
DECEMBER 18, 2008
A regular Monthly Meeting of the Whitemarsh Township Board of Supervisors was held on Thursday, December 18, 2008 at
7:00 PM in the Whitemarsh Township Building, 616 Germantown Pike, Lafayette Hill, Pennsylvania.
Supervisors Present: Leslie S. Richards, Chair; Sara J. Erlbaum, Vice-Chair; Kelly C. Wall; David E. Brooke; and
Robert R. Hart
Others Present: Christopher R. van de Velde, Township Manager; Bruce G. Horrocks, Assistant Township Manager; Todd
Eisenberg, Esquire, Township Solicitor; and James C. Sullivan, PE, Township Engineer
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE FOR ARMED FORCES
ANNOUNCEMENTS
1. Lieutenant Patrick McCarthy will return home on Sunday, December 21, 2008. The public is invited to
participate in the welcome home by lining the route of travel on Germantown Pike to the McCarthy’s home.
Members of local fire an ambulance companies will be participating.
2. The Angus Tract of Erdenheim Farm is now owned by the Whitemarsh Foundation.
3. The Board of Supervisors has appointed the following individuals to the Media Communications Advisory Board:
Carol Daufenbach, Larry Bender and Jackie Topaz to three-year terms; Duane McCarthy, Robyn Train and Drew Albert to
two-year terms; and Suzanne Ryan to a one-year term.
PRESENTATION
The Board presented Eagle Scout, David Meashey, with a plaque and congratulations on his accomplishment.
PUBLIC HEARINGS
1. Recreational Lighting Standards – Subdivision/Land Development and Zoning
On a Motion by Supervisor Erlbaum, seconded by Supervisor Wall (Vote 5-0), the Board opened a Public Hearing to
Consider Ordinances Establishing Certain Standards for Recreational Lighting in Chapter 105, Subdivision and Land
Development, and Chapter 116, Zoning, of the Code of Whitemarsh Township.
A court reporter was present for the hearing. The Notes of Testimony are incorporated herein, and the
transcribed minutes are available for review at the Whitemarsh Township Building.
The following individuals presented testimony and/or comments.
Leslie S. Richards, Chair, Board of Supervisors, Whitemarsh Township
Todd Eisenberg, Esquire, Solicitor, Whitemarsh Township
Bruce G. Horrocks, Assistant Township Manager, Whitemarsh Township
Linda Doll, Fairway Road
Jeremy Bardovsky, Colony Lane
Mark Helms, LaFrance Road
Ivan Bell, Westaway Drive
Tom Doll, Fairway Road
Chris Pronchik, LaFrance Road
Jim Behr, LaFrance Road
Joe Hahn, Woodbine Way
Ira Mazer, Woodbine Way
Dennis O’Brien, Barberry Drive
Sara J. Erlbaum, Board of Supervisors, Whitemarsh Township
Terry Yemm, Colonial School District
Christopher R. van de Velde, Township Manager, Whitemarsh Township
David E. Brooke, Board of Supervisors, Whitemarsh Township
Robert R. Hart, Board of Supervisors, Whitemarsh Township
Kelly C. Wall, Board of Supervisors, Whitemarsh Township
Richard Cutler, Stenton Avenue
Eileen W. Behr, LaFrance Road, Chief of Police, Whitemarsh Township
Joe Hunter, Yellowstone Road, Plymouth Township, Plymouth Soccer Club President
On a Motion by Supervisor Brooke, seconded by Supervisor Wall (Vote 5-0), the Board closed the Public Hearing on this
matter.
Supervisor Erlbaum noted her concern about other potential lighting situations that could come before the Board of
Supervisors in the future.
Supervisor Richards questioned whether the Board could deny the 10 PM weekday lighting limit based on the specifics
of an application.
Mr. Eisenberg stated that the Board cannot selectively enforce the timing outlined in the ordinance that is passed,
but the time limit could be negotiated with the applicant.
Supervisor Brooke asked if the Board could deny an application simply and solely based on lighting limits.
Supervisor Wall noted that the proposed ordinance contains language that permission to illuminate facilities shall be
granted only when the Township is satisfied that the health, safety and welfare rights of nearby property owners and
the Township have been protected.
Mr. Eisenberg stated that if an application is not in the best interest of the Township, the Board could deny it.
Mr. Horrocks explained that even if every single provision of every Township ordinance is complied with, the
governing body still has the authority to deny a subdivision/land development application although legal advice would
likely recommended against it.
Mr. Eisenberg said that if staff could show that there is a health, safety or welfare problem with lighting limits
for an application, then the Board could deny it.
On a Motion by Supervisor Erlbaum, seconded by Supervisor Wall (Vote 4-1, Brooke against), the Board adopted
Ordinance No. 871, establishing certain Standards for Recreational Lighting in Chapter 105, Subdivision and Land
Development, of the Code of Whitemarsh Township.
On a Motion by Supervisor Erlbaum, seconded by Supervisor Brooke (Vote 5-0), the Board adopted Ordinance No. 872,
establishing certain Standards for Recreational Lighting in Chapter 116, Zoning, of the Code of Whitemarsh Township.
2. Zoning Change Request - Colonial School District – Victory Fields
On a Motion by Supervisor Erlbaum, seconded by Supervisor Hart (Vote 5-0), the Board opened and reconvened a Public
Hearing to consider a Request by the Colonial School District to Add the Institutional District Zoning Overlay to the
A-Residential Zoned Property known as Victory Fields.
A court reporter was present for the hearing. The Notes of Testimony are incorporated herein, and the
transcribed minutes are available for review at the Whitemarsh Township Building.
The following individuals presented testimony and/or comments.
Todd Eisenberg, Esquire, Solicitor, Whitemarsh Township
Bruce G. Horrocks, Assistant Township Manager, Whitemarsh Township
Loren Szczesny, Esquire, Colonial School District
Linda Doll, Fairway Road
Leslie S. Richards, Chair, Board of Supervisors, Whitemarsh Township
Tom Doll, Fairway Road
David E. Brooke, Board of Supervisors, Whitemarsh Township
Sara J. Erlbaum, Board of Supervisors, Whitemarsh Township
On a Motion by Supervisor Brooke, seconded by Supervisor Hart (Vote 5-0), the Board closed the Public Hearing on this
matter.
Supervisor Brooke stated that, although there is logic in consistent zoning, he is against granting the Institutional
District Zoning Overlay for Victory Fields as it would take a position of strength away from the Township, the Board
of Supervisors, and residents.
Supervisor Hart asked if the installation of lights at Victory Fields would be precluded if the Board were to deny
the request for the zoning overlay.
Mr. Eisenberg said that denial of this zoning overlay might not greatly affect the ultimate install of lights on
Victory Fields but it would make any future change in use more difficult.
Mr. Szczesny noted that the School District would need to apply for a zoning variance for lighting if the request for
the overlay district is denied.
Supervisor Erlbaum concurred that it does make sense to have consistent zoning. She is concerned about the
residents in the area, and legal interpretation of the zoning.
Supervisor Richards said that there is a process that the applicant will need to follow and she is hopeful that it
will continue in good faith by the Township and School District for the residents. She opined that it was a
mistake by the Township that this piece of land was not turned over to institutional overlay when the purchase was
made.
Supervisor Erlbaum asked that the School District be a good neighbor and consider the concerns of residents as it
moves forward with projects on the property.
Jim Behr, LaFrance Road, asked how this zoning overlay could facilitate future requests by the School District to
develop the land.
Mr. Horrocks advised that the School District and the Township jointly condemned the property. He said that the
School District could build on its property by right with a special exception, except for on Victory Fields where a
use variance would be needed.
Mr. Eisenberg stated that a use variance, under the law, is very difficult to obtain. The District would have
to show that the property cannot be used for anything else.
Eileen Behr, LaFrance Road, spoke about the history of the Victory Fields property and the grassroots movement to
keep the open space.
Mr. Horrocks stated that the property is zoned A-Residential so homes could be built there. He added that there
might be deed restrictions on the property as well, due to County funding for the Township acquisition.
On a Motion by Supervisor Erlbaum, seconded by Supervisor Wall (Vote 3-2, Brooke and Erlbaum against), the Board
adopted Ordinance No. 873, adding the Institutional District Zoning Overlay to the A-Residential Zoned Colonial
School District Property known as Victory Fields.
Supervisors Wall and Hart left the meeting at this time.
ACTION ITEMS
1. Ordinance No. 874 – 2009 Tax Levy
On a Motion by Supervisor Brooke, seconded by Supervisor Erlbaum (Vote 3-0), the Board adopted Ordinance No. 874,
setting the Tax Levy Rate for 2009.
2. Resolution No. 2008-53 – Designation of Open Records Officer
On a Motion by Supervisor Erlbaum, seconded by Supervisor Brooke (Vote 3-0), the Board approved Resolution No.
2008-53, designating the Township Manager as the Township’s Right-to-Know Officer, and establishing a New Policy for
Access to Public Records in accordance with the new State Law.
3. Resolution No. 2008-54 – Establish Subdivision and Land Development Application Fees
On a Motion by Supervisor Brooke, seconded by Supervisor Erlbaum (Vote 3-0), the Board approved Resolution No.
2008-54, establishing Subdivision and Land Development Application Escrows to ensure Applicants Pay All Costs
Authorized by the Provisions of the PA Municipalities Planning Code for such applications.
4. Resolution No. 2008-55 – Establish 2009 Fee Schedule
On a Motion by Supervisor Brooke, seconded by Supervisor Erlbaum (Vote 3-0), the Board approved Resolution No.
2008-55, establishing the Schedule of Fees for 2009.
5. Resolution No. 2008-56 – Act 537 Plan Revision for JAW Land Development, LP Sewage Planning Module
On a Motion by Supervisor Erlbaum, seconded by Supervisor Brooke (Vote 3-0), the Board approved Resolution No.
2008-56, authorizing staff to submit an Act 537 Plan Revision Sewage Facilities Planning Module for JAW Land
Development, LP to the PA Department of Environmental Protection.
6. 2009 Membership with the PA State Association of Township Supervisors (PSATS)
On a Motion by Supervisor Brooke, seconded by Supervisor Erlbaum (Vote 3-0), the Board approved the 2009 Membership
with the PA State Association of Township Supervisors (PSATS) at a cost of $2295.
7. Board of Supervisors 2009 Meeting Schedule
A resolution setting forth the 2009 meeting schedule for the Board of Supervisors will be considered for approval at
the reorganization meeting on January 5, 2009.
8. Expenditures and Payroll – November 2008
On a Motion by Supervisor Brooke, seconded by Supervisor Erlbaum (Vote 3-0), the Board approved the Report of
Expenditures and Payroll for November 2008 in the total amounts of $771,778.72 and $542,509.82 respectively.
PUBLIC COMMENT
Ellen Gallagher (Ridge Pike and Spring Mill Avenue) expressed her frustration with the ongoing construction at 3008
Spring Mill Road, which is part of the Plymouth Meeting Historic District. She asked why the construction is
not being closely monitored by Township officials, and whether proper permitting is in place. She requested a
status of the project. Mrs. Gallagher noted her mistrust of Township staff and the accuracy of the information
provided to date.
Mr. Horrocks suggested that the Board authorize the Solicitor to conduct an investigation as to the permits that have
been issued for 3008 Spring Mill Road and report the findings to the Board.
Mr. van de Velde concurred and added that the Board should be provided with a status of permits issued and the work
taking place on the property.
Supervisor Richards suggested that a meeting be held with the neighbors after the report is issued.
Supervisor Erlbaum agreed with the direction for the solicitor and thanked Mrs. Gallagher for bringing this matter
before the Board.
Supervisor Brooke suggested that the investigation include site visits and interviews with workers.
Mr. Eisenberg concurred but noted that they have no right to compel people onsite to comment. He said that a
report should be available by the second week in January 2009.
Mrs. Gallagher further commented that the view from the street impacts the historic nature of the property. She
said that the Historical Architectural Review (HAR) Board should have approved the work.
Supervisor Brooke asked if there are before-and-after pictures of the site.
Mrs. Gallagher said that she does not have pictures, noting that the structure itself has not been altered, with the
exception of the roof, but the view of the property from the street has been altered which should have been permitted
by the HAR Board.
Supervisor Brooke added that the HAR Board should provide a report as well.
BOARD MEMBER COMMENTS
Supervisor Richards felt that the Board and residents handled opposing views well at this meeting.
EXECUTIVE SESSION
Supervisor Richards advised that an executive session was held prior to this meeting wherein litigation and real
estate matters were discussed. A brief executive session will be held after this meeting to address personnel
issues.
ADJOURNMENT
The meeting adjourned at 9:35 PM.
Respectfully submitted,
CHRISTOPHER R. VAN DE VELDE
Township Manager
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