Planning Commission
Tuesday, March 09 2010
Members Present
Theodore Hauptman
Dr. Arthur Friedman
Steven B. Long
Edward Ingle
Evan J. Stone
Keith Garverich
James E. Kinney
Others Present
George Komelasky,
Supervisor Liaison
J. Jerome Skrincosky, Township Planner
Bryan McAdam, CKS Engineers
Robert M. Pellegrino, Township Manager
Michael Solomon, Director of Zoning and Planning
Barbara Kirk, Township Solicitor
Vincent Deon, Supervisor
Frank Rothermel,
Supervisor
Eileen Silver,
Supervisor
Chairman Hauptman called the meeting to order at 7:01 PM at
Richboro Middle School and led the Pledge of Allegiance. There was also a moment of silence for our men and women in
the armed services.
Dreher Group - Request for
Rezoning
Mr. Hauptman stated that this is the first time that he can
recall a meeting being relocated to another venue due to the amount of public interest.He further stated that the
matter will not be televised live due to issues with the broadcast signal.Due to School District requirements, he
stated that the meeting will end at approximately 10:40 PM.
With respect to the meeting structure, Mr. Hauptman advised that
the applicant will make their presentation first followed by the opposition group that is represented by
counsel.Public comment will then be received from those identified on the sign-in sheet.Mr. Hauptman advised that the
Planning Commission will try to go through as many people as possible until the meeting deadline.Additional public
comment will then be received at the next meeting.
At this point, Tom Hecker, Esq., attorney for the Dreher Group,
began his presentation.He advised that the proposal is to rezone a portion of the Davis Pontiac site to permit a
mixed-use development consisting of retail, residential, and a grocery store component.Mr. Hecker stated that the
proposed project will jump start the Village Overlay concept.This evening, he stated that his team of consultants
will address issues such as land planning, traffic, market analysis, and the fiscal impact of the
development.
Jim Constantine, planner for the applicant from LRK Architects,
provided an overview of the project.He presented artistic renderings showing how the implementation of the Village
Overlay provisions would look.He also provided pictures that show these concepts in other municipalities.Mr.
Constantine provided an overview of Richboro from an historical perspective as well as pointing out the traffic and
pedestrian problem areas in the vicinity of the project.
He stated that the proposed interconnecting street provides an
alternate traffic route which is beneficial from a circulation standpoint. He also showed how the Village Overlay
concepts relate to the concept plan.
Mr. Constantine stated that it was a goal of the 1999
Comprehensive Plan for properties not to be split-zoned, which this project would rectify.He showed an approximately
one-acre area that is proposed to be deed restricted along the residential properties that abut the development.He
also showed the area that is proposed to be rezoned in relation to the portion of the property that is currently
zoned Commercial.
In response to a resident meeting held at the library on January
9th, he presented some quotes raised by residents that were opposed to the grocery store component of the
project.Based on the comments received, there were others who supported the plan or some components of the
project.
Mr. Constantine wrapped-up the discussion by stating that the
project implements the Village Overlay concept, is an adaptive reuse of the property per the Richboro 2000 Vision,
and will serve as a catalyst project to implement the goals of the Township.
At this point, Mr. Hecker introduced Greg Glitzer who is the
applicant's engineer from Gilmore Associates.Mr. Glitzer presented a sketch plan that showed a layout of a
supermarket on the portion of the property that is currently zoned Commercial.He advised that the plan complies with
the setback and lot coverage requirements.
Mr. Hecker confirmed with Mr. Glitzer that the project is not
engineered, but compliant with the zoning requirements.He further stated that this sketch is not developed under the
Village Overlay criteria.
John Tippetts, from Munson Research and Consulting, LLC,
presented a market analysis with respect to concerns about the viability of the two existing supermarkets.Mr.
Tippetts provided an overview of his qualifications and stated that a model is used based on dollars per square
foot.Although the existing stores will see reduced revenue, he stated that the market can support a third
supermarket.Even with the Giant constructed, he stated that the all supermarkets will be above existing
averages.
At this point, Mr. Hecker presented a fiscal impact analysis
prepared by Dr. Dottie Ives Dewey from West Chester University.She was unavailable to attend the meeting so Mr.
Hecker provided an overview.Specifically, Mr. Hecker stated that the fiscal impact analysis looks at revenue sources,
such as taxes, and projects a positive fiscal impact of $5,358 to Northampton Township.In addition, the study
projects a positive fiscal impact of $103,084 to the School District.Mr. Hecker noted that there will be some cost to
the School District as a result of the residential component, but the project will result in a positive impact to
both the Township and School District.
Jim Dimmerling, traffic engineer for the applicant from
Dimmerling Consulting, Inc., provided an overview of the traffic study that he performed.He noted the three access
points that are proposed, including the connector drive to Almshouse Road.He stated that this will provide an
alternate means rather than Second Street Pike.He further added that it will be pedestrian-friendly with a 25 mile
per hour speed limit along with traffic calming devices, such as speed humps and landscape islands.
Mr. Dimmerling stated that traffic conditions after the
development have to be the same or better than existing conditions before the development.In order to achieve this
objective, he stated that proposed improvements include an exclusive left-turn into the development, a continuous
left-turn lane, and on-street parking.He further added that a right-turn lane is also proposed onto the alternative
access drive.In addition, improvements to the Almshouse Road and Second Street Pike intersection are also
proposed.
In response to a question by Mr. Hecker, Mr. Dimmerling stated
that the project, if implemented, will be no worse than current conditions from a traffic standpoint.
Joe LaCagnina was present on behalf of Giant.He stated that
Giant would like to be part of Richboro and would like to give back to the community through programs such as healthy
choices and partnerships with the schools.He further added that the proposed Giant would add one-hundred fifty (150)
jobs.
Glenn Davis, owner of the subject property, addressed the
Planning Commission and those in attendance.He stated that he has been approached over the years to sell his
property.Due to the landscape changing in the car business, he decided to close his dealership.With the opportunity
presented to lease the property as opposed to sell it, he thought this was the right time.Mr. Davis stated that he
was impressed with the Dreher Group and the community involvement of Giant.He further added that he understands the
impact on other businesses, but feels this decision should be about the evolution of the business district.He
concluded by stating that he wants the project done the right way.
At this point, Jeffrey Batoff, Esq., from Obermayer, Rebmann,
Maxwell & Hippel, LLP, was present on behalf of Murray Battleman (owner of Shop 'n Bag) and residents of
Richboro.He stated that John Ryan, Esq. was also present from his firm.
Mr. Batoff stated that you have to look beyond the pictures
presented at the reality of the impacts of the project.He further added that Giant is the economic engine for the
proposal.
At this point, he presented a petition with over 6,000
signatures of those residents that were opposed to the project.He further added that the developer does not have to
do anything on the plan as presented if the rezoning is approved, per the comment raised by the Bucks County Planning
Commission.He added that the two existing supermarkets will not survive if the Giant is constructed and that traffic,
which is already bad, will become worse.
Mr. Batoff stated that Giant would be the first big-box store in
town thereby changing the character of the community.He concluded by adding that the Shop 'n Bag is a family that
doesn't want to see their store close.
John Ryan, Esq. presented a letter outlining opposition to the
project.He stated that the big box component is not consistent with the Village Overlay vision.He added that the
project will generate significant traffic and that there will be a significant demand on public services, including
the police department.Mr. Ryan further added that there will be an adverse impact on the residential properties that
abut the project and that the Ironworks Creek will be negatively impacted as well.He concluded by stating that the
construction of Giant will lead to blight in other existing shopping centers and that there is no guarantee that the
plan will be developed as presented if the rezoning is approved.
At this point, Jeff L'Amoreaux, Traffic Engineer, provided an
overview of the traffic study that he performed.He stated that he performed the traffic counts himself and that there
is no capacity at Almshouse Road and Second Street Pike.With the proposed development, the situation will be made
worse. In addition, he added that a left-turn from the proposed connector road would be a significant challenge.He
added that Richboro doesn't need another traffic light.In response to a question raised by Mr. Ryan, Mr. L'Amoreaux
added that the proposed on-street parking is out of context with the area thereby causing a safety
concern.
Thomas Comitta, land planner from Thomas Comitta Associates,
Inc., presented his qualifications.He recommended denial of the rezoning request for several reasons.He stated that
the proposed project does not meet the Village Overlay regulations and lacks consistency with the Comprehensive
Plan.He added that the proposed building size is also out of character with the community.
While going through his report, Mr. Comitta presented displays
showing the disproportionate size of the big box building.He added that there is currently no building this size in
the C-2 Zoning District.He further added that the building doesn't comply with the Village Overlay requirements and
that the delineation of the floodplain should be verified by the Township Engineer.Mr. Comitta reiterated that the
project is significantly larger than anything in the Township, adversely impacts neighboring residential properties,
impacts traffic, and is a disproportionate scale with the landscape.In response to a question by Mr. Ryan, he stated
that this plan is not the way to implement the Village Overlay vision.
Murray Battleman, owner of Shop 'n Bag, stated that the market
study shows a twenty (20) percent decline as a result of the construction of a Giant.He stated that this
significantly decreases the profitability of the store and noted the comment raised by the Bucks County Planning
Commission, which states that food stores operate on a razor thin margin.Mr. Battleman further added that profit
margins are already on the decline as a result of the current economic conditions.
Mr. Battleman addressed the fiscal impact study and stated that
there will be a significant cost in services to the Township.He added that there will be less revenue if the whole
project is not built.He added that the fiscal impact study projects a much higher salary as well than workers
currently make.He concluded by stating that he has concerns with left turns out of the access drive and added that he
would like to see the rezoning denied.
Mr. Batoff added that the fiscal impact study is a starting
point, but that it is based off an old book.He added that the demand for public services will quickly wipe out any
potential revenues and that the study should be taken with a grain of salt.
Brian Friedman, from AMC Delancey who is the owner of the
shopping center, stated that the construction of Giant will have a detrimental impact on the existing centers.He
agrees that Giant is the anchor of the project just as Shop 'n Bag is an anchor as well.He further added that it is
particularly difficult to fill vacant spaces in the current economy.
Mr. Batoff concluded by stating that traffic will be worse if
the project is approved and that the scale of the project will different from anything Richboro has seen.He added
that he has submitted a petition with many signatures that are opposed to the project.On the other hand, the Dreher
Group has not submitted any of the cards that they distributed showing support for the project.He further added that
if the rezoning is approved, there is no requirement to build the plan as submitted.
At this point, the Planning Commission heard public
comment.
Tom Yaegel from Richboro Swim Club, 750 Second Street Pike,
stated that the condition of Ironworks Creek continues to get worse and needs to be addressed.He read a letter from
Bob Finley stating that the applicant has a right to develop their property, but not exacerbate a water
problem.
Mark Heckman, 50 Upland Drive, stated that the rezoning will not
make Richboro a better place.
Lenore Sherman, 36 Nathaniel Road, stated that rezoning to solve
the traffic problem is flawed.
James Kempner, 58 Sydney Road, stated that all supermarkets will
not survive and that the Township will have to deal with vacant sites in a few years.
Christine Meyers, 101 E. Elizabeth Lane, submitted photos for
consideration.She stated that she has a property that backs up to the project and has concerns about continuous
noise.She also thanked the Planning Commission members for their service.
Jerome Lutin, 51 Nathaniel Road, stated that a mixed-use
development doesn't require a zoning change.He added that the price is too high from an impact standpoint if the
Giant is needed as the economic engine of the project.He requested that the Commission reject the
proposal.
Eileen Zolotorofe, 600 Sackettsford Road, stated that she had
concerns with respect to the impact on small businesses in the community.
Norm Rubin, 66 Dawn Drive, stated that it will be a disaster if
the plan is approved.He strongly recommended that the plan be denied.
Gerard Fleury, 214 Holly Hill Road, requested that the plan not
be approved and further added that he has never seen pedestrians cross Second Street Pike.
Bill O'Neill, 452 Rocksville Road, stated that there are
terrific employees at Shop 'n Bag.He added that there needs to better planning efforts with respect to the problems
that already exist.He requested that the Planning Commission do the right thing and deny the plan.
Craig Siegel, 5 Deborah Road, asked that the applicant withdraw
the request for rezoning and voiced his opposition to the plan.
Dennis Amareld, 196 Cloverly Drive, stated that the Shop 'n Bag
already provides the community services that Giant discussed.He added that the traffic problem will get even worse
with the proposed project.
Jim McCarron, 84 Matthew Circle, stated that during his tenure
with the Planning Commission, he always evaluated a project based on its impact to the surrounding properties and its
impact on the neighbors.In this case, he added that a good portion of the buffer would be eliminated.
At this point, Mr. Hauptman stated that the time limit to end
the meeting had been reached.As a result, the meeting will be continued until the second Tuesday in April at which
time Mr. McCarron would continue his public comment.
There being no further business, the meeting was adjourned at
approximately 10:45 PM.
Respectfully Submitted:
Michael T. Solomon
Director of Planning and Zoning
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