Planning Commission
Tuesday, April 13 2010
PLANNING COMMISSION MEETING OF APRIL 13,
2010
MINUTES
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
Vincent Deon, Supervisor
Frank Rothermel, Supervisor
Eileen Silver, Supervisor
Chairman Stone called the meeting to order at 7:00 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. Stone stated that the meeting will continue with Public Comment from last month.He further
added that he was elected Chairman at the last meeting of the Planning Commission.
Jim McCarron, 84 Matthew Circle, stated that rezoning requests should be evaluated on how they
impact the Northampton Township community and the applicant.He also raised concerns about the lack of buffer and the
impact on environmentally sensitive areas.He concluded that he didn't hear any zoning related reasons to grant the
request and stated that the project will have a negative impact on the community and adjoining parcels.
Tim Snee, 619 Jacksonville Road, stated that he is opposed to the request because the applicant
will develop as they choose if rezoned.
Michael Pate, 40 Forrest Drive, stated that the Giant will take away from the other stores and
that the request doesn't make sense.
John Faure Sr., 130 Highspire Road, stated that the traffic improvements do not make
sense.
George Stockburger, 8 Temple Drive, stated that Richboro is not what it used to be and has
developed commercially over time.He said that it is not the purpose of local government to determine who can run a
legitimate business.He further added that competition drives down prices and that traffic is local in this
case.
Pat Mento, 55 White Hurst Drive, noted that she was speaking on behalf of her children who
stated that they don't need another Giant with several already nearby.She added that a recreation complex should be
considered for the site.
Kathy Birban, Second Street Pike, stated that change will be a nice addition to the Richboro
area.
Ruth Kempner, 58 Sydney Road, stated that the proposed turn lane will not work and that traffic
is a major concern.
Justine Mascaro, Churchville, stated that Shop'n Bag has been her best job.
Tom Walsh, 149 Middle Holland Road, stated that he supports the project because Richboro needs
a facelift.
Les Welson, 79 Nathaniel Road, stated that you can't guarantee what you will have if the
rezoning is approved.
David Dutko, 1016 Worthington Mill Road, added that Giant will be a welcome addition and an
asset to Richboro.He added that competition is good and zoning districts should be aligned with property
lines.
Sherri Jones, 81 Lower Holland Road, stated that Richboro has no identity.The plan is an
opportunity and the anchor store can bring the community together.
Jim Douglas, 654 Sackettsford Road, stated that he supports the zoning change and that the
current zoning is adequate to build the Giant.
Marge Weiner, 450 Worthington Mill Road, stated that it is not the Planning Commission's job to
determine who should stay in business.She added that Richboro already has three story buildings and that it is an
attractive development if the traffic is taken care of and Richboro Swim Club is not harmed.
Joseph Goodman, 57 Legacy Oaks Drive, stated that competition is good and that traffic won't be
as bad as people think.
Marsha Fajge, 50 Legacy Oaks Drive, stated that Richboro is not beautiful and that this project
is a welcome addition to the Township.
Henry Fajge, 50 Legacy Oaks Drive, stated that people are afraid of change.He added that
Richboro has changed and that the project will add jobs.
Denise Branca, 909 Second Street Pike, stated that she is from Summerwood Corporation who is
the owner of Taco Bell.She stated that she fully supports the project.
Lou Zabielsk, 922 Hamilton Way, stated that he comes from out of the neighborhood to go to Shop
n' Bag.He added that they are generous to the community and that traffic is a problem.
John Benner, 35 Ridgewood Place, stated that you need a good reason to rezone.He added that he
isn't comfortable that they will build the plan as presented and that Shop n' Bag makes Richboro feel like a
community.
Allen Laiter, 168 Anselm Drive, stated that he is in support of the project and that it is a
catalyst for Richboro.He added that it is a chance to turn a problem into an opportunity.
Hank VanBlunk, 892 Second Street Pike, stated that you need to look at the Master Plan and make
zoning boundaries consistent with property lines.He added that the land development stage is a better time to deal
with buffer concerns.
Walter Gilmour, 1290 Old Jacksonville Road, stated that change is a constant and that Giant
won't impact Shop n'Bag.He added that Giant would be a welcome addition.
John Cain, from Shop n' Bag, stated that competition will crush Giant.He added that he has
concerns for his job.
Mike Palladino, 53 Paddock Way, stated that he supports the project.
Julie Lawson, 24 Carmelita Drive, had questions regarding the design of the buildings and the
existing buildings in the area.She added that the Township should work on existing store fronts that need businesses
first.
William Olson, 29 Sydney Road, stated that he doesn't see how the project will work from a
traffic standpoint and that the project shouldn't be approved.
Charlie Marks, 1080 Worthington Mill Road, stated that he doesn't think the Davis family will
do anything destructive to the Richboro community.
Greg Barwis, 308 N. Second Street Pike, stated that the project is a good plan for the
community and will create jobs.
Larry Bogdanoff, 74 Michael Road, stated that he supports the project and that traffic will be
as safe as possible.
Elaine Langdon, 192 Second Street Pike, stated that she is in favor of the project and that the
Davis family has had a busy operation for years at this site.
Kevin Haines, 1163 Sackettsford Road, stated that he is not opposed to the project and that it
will improve the infrastructure of the community.
James Brady, 80 West Elizabeth Lane, stated that noise is a major concern and that animals will
relocate on his property if the project is approved.
James Rothenberg, 6 Brianna Road, stated that traffic is a major issue and that the credibility
of traffic experts is a major concern.He recommended that the Township hire an independent traffic consultant.
Robert Kelinger stated that light pollution is a major concern and that traffic is a big
problem.
At this point, Mr. Jeffrey Batoff, Esq., from Obermayer, Rebmann, Maxwell & Hippel, LLP,
raised the issue that the Dreher Group is not required to develop the plan as presented.He provided the Commission
with additional signatures for the petition of those opposed to the project.With respect to the Myth vs. Reality
handout that the Dreher Group distributed before the meeting, he stated that the Bucks County Planning Commission
noted that the project exceeds lot coverage requirements.He added that the project will be a tax burden on the
Township because of the demand for police services, which is a burden than can't be quantified in a study.He added
that the Giant will put people out of business and that a gas station is there intention, which was proposed on the
original plan.
Mr. John Ryan, Esq., from Obermayer, Rebmann, Maxwell & Hippel, LLP gave an overview of
issues that the plan doesn't adequately address.He presented Jeff L'Amoreaux, Traffic Engineer, who addressed his
supplemental traffic report.Mr. L'Amoreaux stated that there are two major problems with the applicant's traffic
study.First, the assumption of how the traffic is calculated assumes specialty retail, which significantly reduces
the number of anticipated trips.In addition, the averaging of intersections makes the traffic situation look better
than the reality of it.
Mr. L'Amoreaux added that the proposed improvements by the applicant are not their call.Rather,
they are determined by PennDOT.He added that a portion of the Courier Times property would also be required in order
to implement the proposed improvements.
Mr. Hauptman asked if there will be a better traffic situation with an alternative proposal if
this project doesn't happen.Mr. L'Amoreaux stated that it depends on the nature of the proposal, specifically with
respect to uses and their traffic demand at peak hours.
Thomas Comitta, land planner from Thomas Comitta Associates, Inc., addressed the Myth vs.
Reality handout.He stated that nothing submitted addressed the degree of buffer preservation.He further added an
aerial photograph, not a soils study, was the basis of this evaluation.He concluded by stating that no information
illustrates the streetscape improvements.In response to Mr. Hauptman's question if the Giant could be constructed
under the current zoning, Mr. Comitta stated that he thinks the footprint of the store would need to be reduced in
order to meet parking requirements.
Mr. Ryan concluded by stating that the development is too much for the site and inconsistent
with a pedestrian-friendly center.
At this point, Mr. Thomas Hecker, Esq. from Begley, Carlin & Mandio, LLP addressed the
Planning Commission on behalf of the Dreher Group, who is the applicant for the project.Mr. Hecker stated that he
believes this is a good project for the community. He stated that he knows Northampton well and has represented
applicants in the Township.As a result, this is a project that meets the objectives the Township has been trying to
achieve for many years.
Mr. Hecker stated that it is not uncommon for experts to have different opinions and stated
that the Myth vs. Reality handout was trying to present facts.He added that this project tries to incorporate the
objectives of the Comprehensive Plan and Richboro 2000.He stated that PennDOT will not allow traffic to be made worse
and that he understands there are different opinions.He stated that the applicant is prepared and willing to spend
time working on these issues.
He added that the project will not be a financial burden because there are no school-age
children with a commercial project.In addition, he stated that the mixed-use is proposed because it meets the vision
of the Township.He stated that the twenty-four hour operation and plan with gas pumps will not be built if the
community doesn't want them.
He concluded by stating that the project will create an identity for the community and provided
reports for the Commission to read from the applicant's experts.With respect to the process, he stated that it starts
with a rezoning request, which is forwarded to the Bucks County Planning Commission.In this case, he stated that they
believe the application appears to be consistent with the Comprehensive Plan, the Village Overlay, and Richboro
2000.Mr. Hecker added that the project will serve as a catalyst for additional redevelopment and is an opportunity to
do something that was envisioned.
In response to a question by Mr. Hauptman regarding the plan and zoning change being tied
together, Mr. Hecker stated that there needs to be a comfort level because a zoning change cannot be conditional in
Pennsylvania.Mr. Hecker stated, however, that the improvements could be required to be phased in certain fashion.With
respect to a question on financing from Mr. Hauptman, Mr. Hecker stated that there is a partnership plan in place,
but he couldn't get into all the specifics at this point.
As the meeting concluded, Mr. Stone requested that an economic gap analysis be submitted for
review at the next meeting.Mr. Long also requested documentation regarding the potential impact on Ironworks
Creek.There was also a request for information on the façade and stormwater management impact.Dr. Friedman requested
information on compliance the Village Overlay provisions.
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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