Council Meeting
October 13, 2015
ChancellorCenter
President of Council Robert Walkercalled the regular semi-monthly meeting of Newtown Borough Council to order at7:00 P.M. on Tuesday, October 13, 2015. President Walkerasked those in attendance to join him in a moment of silencefollowed by the Pledge of Allegiance.
Present: Councillors Auerweck, Grunde-McLaughlin, Gusty, King, Walker and Warren; Mayor Swartz, Solicitor Bolla and Engineer Canales.
Mayor’s Report – Charles F. Swartz, III
Fire Association Proclamation
John Myers, representing the Newtown Fire Association, was presented with a Proclamation from Mayor Swartz recognizing the Association for its service and commitment to the Newtown community. Mr. Myers said it is a pleasure serving the municipalities and it is a combined effort between the police/fire departments and the Newtown community. Since October is Fire Prevention Month, Mr. Myers reminded the public of safety measures ike changing the smoke detectors and CO2 batteries. He said 90% of fire prevention is common sense.
Softball Trophy Presentation
Kyle Davis, representing NewtownTownship, presented Chuck Machion, coach of the Newtown Borough softball team, with the Annual First Fourth Softball Trophy. Mr. Davis acknowledged that it was a "come from behind" win and the Township looks forward to winning the trophy back next year.
Special Events
Star Watchers - October 16, 2015 from 6-9 PM at Pickering Field
Halloween Art Scene - October 17, 2015 on State Street from 9AM-12:30 PM
Scarecrows, Window Painting, Cupcake Wars and Pet Parade
Movies in the Park - October 23, 2015 from 6-9 PM in LintonMemorial Park
Heart Chase - October 25, 2015 from 8 AM-Noon Smartphone based team
Challenge race with heart healthy checkpoint challenges
Halloween Parade - October 31, 2015 from 9-11 AM Starting at the Stocking
Works and ending at the Newtown Theatre
Amended Motion:
A motion was duly made by Councillor Grunde-McLaughlin, seconded by Councillor King, and carried unanimously, to amend the date for the Holiday Parade from December 7 to December 6, 2015.
Mayor Swartz said that the Newtown Business Group requested a lifting of the parking regulations during the holiday shopping season.
A motion was made by Councillor Grunde-McLaughlin, seconded by Councillor Auerweck, to suspend "timed" parking enforcement on Saturdays only, from December 5-26, 2015.
Councillor King wanted clarification that the enforcement would not include suspension of the 30 minute parking regulations. President Walker suggested speaking to the Police Chief about the issue.
A motion was made by Councillor Auerweck, seconded by Councillor King, and carried unanimously to table the previous motion until the November Work Session.
Amendments to the Agenda
The Steeple View Zoning Hearing Board Application under the Solicitor's Report was moved for discussion to begin after the Certificates of Appropriateness.
Public to be Heard
No one wished to be heard at this time.
Certificates of Appropriateness – Robert King
COA2015-022-H Applicant: Jodie T. Schaefer, 408 S. State Street, (Fenton Square) Underground Vape, e-cigarette retail store was withdrawn from consideration at the business owner's request.
A motion was duly made by Councillor King, seconded by Councillor Auerweck, and carried unanimously, to follow the recommendation of the Historic Architectural Review Board and direct President of Council to sign the following Certificates of Appropriateness, thereby approving the historical appropriateness of the application, with final approval by the Code Enforcement Officer.
COA 2015-019-HApplicant: Kristen Waskie, 16 S. State Street, Alternate Dimension Toys
The applicant was seeking a Certificate of Appropriateness for the installation of a hanging sign for Alternate Dimension Toys retail store.
COA 2015-023-H Resident Kati Sowiak,121 S. Chancellor Street
The applicant was seeking a Certificate of Appropriateness for the construction of a shed in the rear yard.
COA 2015-024-HResident Candace Zorowitz, 312 E. Washington Avenue
The applicant was seeking a Certificate of Appropriateness for replacement of the existing front doors on the home and HARB recommended denial of the application and recommended that the applicant pursue the option of semi- custom doors.
COA 2015-021-HApplicant: Zaveta Custom Homes, 189 N. Chancellor
Street, Hayden Residence
The applicant was seeking a Certificate of Appropriateness for additions and alterations to an existing single-family dwelling, noting that the front façade would be clapboard or fieldstone; if stone is used, the windows and doors would be packed out to be flush or 1" recessed from the face, and returns on the side would not exceed more than 1" off the surface of the siding of the sides; corbels/dentils would be removed from the cornice. Subsequent to the approval of the submitted plan, the applicant agreed to return to HARB with details of the stone pointing and how the stone will be laid.
COA 2015-025-HApplicant: Rick Coluccio/RD Realty2 LLC, 119 N. StateStreet, Lot 2 at Buckman Place, vacant residential
The applicant was seeking a Certificate of Appropriateness for the construction of a 2-car garage at the rear of the property, noting that a salvaged door from the original house would be used instead of that on the submitted plan, a pair of one over one wood double-hung windows would be added on the rear elevation and the cupola would be wood or metal.
Solicitor's Report - William J. Bolla
Discussion of Steeple View Zoning Hearing Board Application
The applicant's attorney Tim Duffy wished to present his reasons for asking Council to support Steeple View's Zoning Hearing Board variance requests. The requests include interpretations of the Zoning Ordinance since the Zoning Officer and the Engineer have viewed it differently from the applicant. If the Zoning Hearing Board should agree with the Zoning Officer and Engineer, then the applicant would ask for relief from those items. It is Mr. Duffy's opinion that three of the items in question are in the TC Zoning District, thus not subject to the Traditional Neighborhood Development Ordinance. Another request involves the planned piazza. Mr. Duffy views the piazza as a principal structure and therefore, not subject to the maximum 20' setback. However, if the ZHB does not agree, then a variance is required for a 106' setback. Regarding the height variance requests, Mr. Duffy explained that there is an internal inconsistency in the TND ordinance. One section states that the maximum building height is 35'. However, the section dealing with design standards states that any new structures should be context-sensitive and based on existing Newtown Borough precedents. Mr. Duffy would like an interpretation and clarification of these two sections, as he feels that the varying building heights proposed meet the requirement of the design standards section. The parking structure ordinance sets the maximum height at 35' and the proposed garage would be 40'. It was originally planned to be a 4-story garage, but will now be increased to 5 levels to address additional parking concerns that Council raised during the Conditional Use Hearing. The Planning Commission supported the variance request for the parking garage height and the height of the two buildings that shield the garage, but did not support the other six height variance requests. Mr. Duffy said that building #8 could be lowered with some redesign and a portion of building #10 could also be lowered, in order to address some of the Planning Commission's concerns. With regard to the impervious surface issue, Mr. Duffy noted that moving the red carriage barn would reduce the impervious surface calculations and he said that the applicant would agree to move the barn to the greenway and would maintain the barn. Mr. Bolla explained that Council has three options for addressing the ZHB application: Council could choose to do nothing, they could send a letter to the ZHB supporting/opposing all or parts thereof, or they could send the Solicitor to oppose the application/or parts thereof. After questions from Council members and clarification on several issues from the applicant and the Solicitor, the following motions were made:
A motion was duly made by Councillor King, seconded by Councillor Warren, and failed by a vote of 4-2, to send the Solicitor to oppose height variance requests for buildings #1, 5, 6, 9, 10 & 11.
A motion was duly made by Councillor Walker (after handing over the gavel to the Vice-President) to take no action. The motion died for lack of a second.
A motion was duly made by Councillor Gusty, seconded by Councillor Walker, and carried 4-2, to ask the Solicitor to send a letter to the Zoning Hearing Board in support of the Planning Commission's recommendations.
Engineer's Report - Mario Canales of Pickering, Corts & Summerson
A motion was duly made by Councillor Gusty, seconded by Councillor King, and carried unanimously, to approve payment to Asphalt Maintenance Solutions, LLC in the amount of $126,173.45 for the work completed on South Lincoln Avenue.
Presentation of Minutes
A motion was duly made by Councillor King, seconded by Councillor Auerweck, and carriedunanimously, to approve the September 2, 2015 Work Session Meeting minutes.
A motion was duly made by Councillor King, seconded by Councillor Grunde-McLaughlin, and carried unanimously, to approve the September 8, 2015 Council Meeting minutes.
COMMITTEE REPORTS
Budget & Finance – Robert Walker, Chris Gusty & Perry Warren
Consolidated Report
A motion was duly made by CouncillorWarren, seconded by Councillor Gusty, and carried unanimously, to accept, subject to audit, the consolidated expenditure report for the month ofSeptember totaling $148,291.23.
Personnel Committee – Chris Gusty
Councillor Gusty reported that there are two openings on the Human Relations Commission and one on the Environmental Advisory Council. He also noted that the Ad Hoc Traffic Committee is looking for volunteer members.
Old Business
President Walker reminded everyone of the Special Budget Meeting scheduled for October 22, 2015 at 5:30 PM.
The Resolution for the Rails to Trails will be placed on the Special Work Session agenda for October 22, 2015.
New Business
There was no new business.
Public to be Heard
Resident Julia Woldorf asked when the painting of the crosswalks on Lincoln Avenue would be completed. She was told that Scott's All Seasons planned to paint this coming weekend and the weather had prevented earlier completion of the work. Mayor Swartz suggested placing the information on the Police Departments Facebook page.
Adjournment
The meeting adjourned at 9:10P.M.
Respectfully submitted,
Marcia M. Scull
Borough Secretary
ATTENDEES
Ted Schmidt
Julia & Warren Woldorf
Jeff Werner
Kyle Davis
Chuck Machion
Allan Smith
Tim Duffy
Richard Monkres
John Myers
Council Minutes
October 13, 2015
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