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[1:00]
green. Okay. Wanted to make sure we were
all on mic. So, yeah.
[1:04]
» Okay. Thank you. Uh, any presentations?
>> There are none this evening.
[1:07]
» None. Okay. First order of business is a
public hearing number 1977 to receive
[1:14]
public comment regarding the conditional
use application for 31 through 49 Eastn
[1:19]
Road submitted by Building Blocks LLC to
use as a child care center and for
[1:25]
educational purposes. Uh Mr. Kenny,
would you take this over? Sure.
[1:31]
» Could you just do a motion to open the
public hearing?
[1:33]
» Okay. Uh I'll make a motion. Do we have
a second to open the meeting? Second.
[1:38]
Okay. All in favor?
>> I
[1:41]
» Okay, I'm just going to go ahead and
mark some exhibits administratively
[1:46]
first before we actually get to the
public hearing. Uh the public hearing uh
[1:51]
has been advertised in our newspaper of
general general circulation and that
[1:56]
will be T1 on the 19th of July and the
26th of July. Uh T2 will be a a picture
[2:05]
that's in your packet, a copy of the
posting of this public hearing. Uh T3
[2:11]
will be a copy of the conditional and
the posting is actually of two uh two
[2:16]
different pictures which will both fall
under T2. Uh T3 will be a copy of the
[2:21]
additional conditional use application
uh received by the township on March
[2:26]
23rd uh 2026.
Uh and in that uh will be an application
[2:32]
uh several exhibits and illustrations.
Uh T4,
[2:37]
hold on.
T4 will be a the recommendation of the
[2:43]
Montgomery County uh planning commission
dated July 2nd uh 2026.
[2:51]
As well as any recommendations that uh
the APA uh made related to this. Uh as
[2:59]
you're well aware in the conditional use
process, the board of commissioners sits
[3:03]
like the zoning hearing board in a quasi
judicial fashion. Um so uh one of the
[3:09]
things we have to ask is if anyone is
seeking party status in this uh in this
[3:15]
hearing. Uh party status doesn't mean
that you can't comment at the end of the
[3:20]
hearing. There's always an opportunity
for public comment uh at the end of the
[3:24]
hearing itself. The party status means
that you would go ahead uh you would
[3:28]
live uh within generally 500 feet of uh
of the property that you would um uh or
[3:37]
be a community organization uh
recognized by the township. Then you
[3:41]
would have the ability to cross-examine
witnesses uh call any witnesses
[3:45]
yourself. Uh so I just want to see for
the record is anyone requesting party
[3:49]
status.
Okay, seeing that no one is requesting
[3:53]
party status, I was given a series of
exhibits before this hearing uh by the
[3:59]
applicant's attorney uh marked as A1.
And I'm going to keep one copy for my
[4:05]
myself and then pass it down to the
board of commissioners. Uh and uh at
[4:10]
this time, I would invite the
applicant's attorney to come up. Uh do
[4:14]
you have any witnesses you want to swear
in? Okay, maybe we can swear them in
[4:18]
first.
[4:24]
Good evening. John Penningham for the
applicant and with me is the applicant
[4:29]
uh representative of the uh blocking
building blocks LLC Kel and to her left
[4:38]
is the landlord representative Nina Lang
Langden who will testify about the site
[4:44]
conditions. Uh K will testify about the
daycare center and its operations. So
[4:49]
I'd ask that both of them be sorted.
[4:56]
» Y a N l.
[5:06]
» Yes.
[5:09]
Mina. N I N A L. L A N G D O N
[5:22]
» you gave to me which I handed a board of
commissioners series uh exhibit A1 it's
[5:29]
one two three four
uh six pages correct
[5:38]
» there and I also what handmark is A2
which is a site plan
[5:45]
too
[5:49]
» and the site plan was submitted to Mr.
to tell in advance and I believe part of
[5:52]
your package then perhaps in fact he
gave us additional
[5:59]
» thank you.
[6:13]
So, if you if it's okay, I'll refer to K
as K and Nina as Nita and uh just
[6:19]
explain uh in a brawer scenario and have
Kay affirm what I'm about to say about
[6:24]
the daycare center if that's okay.
Kay has already been an operator of a
[6:29]
daycare center in Chelham Township. Very
familiar with the state licensing
[6:33]
requirements and township licensing
requirements. Um she's aware from her
[6:38]
experience that the number of attendees,
a term used in your ordinance, or
[6:44]
children, uh is dictated by the square
footage of the site of the lease space.
[6:50]
She'll be leasing 31 Eastern Road, uh a
unit that I believe is um 3,495
[6:58]
square feet. So that measurement will be
determining factor of what uh how many
[7:04]
children can be attendees within the
daycare center. Um
[7:10]
recognizing the uh township's limitation
of 40 square ft. Um, so that's an
[7:16]
entirely will comply
position that that we would accept as a
[7:21]
condition that both with regard to the
township ordinance and the state
[7:25]
licensing requirements of measurement. K
will comply with those dictates. So she
[7:31]
doesn't have a target number of
attendees. It's going to be a derivative
[7:34]
of that analysis both with the state uh
department of public welfare
[7:39]
requirements and uh your ordinance
requirements. Um
[7:44]
» if there was some kind of approval, you
would agree that that is a condition?
[7:48]
» Yes.
>> Okay. Um there is um a uh on the site
[7:55]
plan there's a proposed ex exterior
playground area and uh in working with
[8:01]
Mr. Patel uh reviewing the requirements
there will be a proposed fence
[8:05]
surrounding the playground area 6 feet
in height. We originally proposed eight
[8:10]
realized that was not compliant. So,
we'll comply with the six ft enclosure.
[8:15]
Um, there's another issue. Is this all
right if I just go through the issues?
[8:20]
Okay. Thank you. There's a a dumpster in
loca near location to the playground
[8:25]
area that is already planned to be
moved. Um, the difficulty is um Nina
[8:33]
will tell you that she has gotten
conflicting advice from the township as
[8:37]
where they can move that dumpster. uh
she wanted to move it to the Davis Road
[8:43]
uh portion of the site and uh she was
told that you can't put that near Davis
[8:48]
Road. So where it's another will comply
wherever we can put the dumpster away
[8:53]
from the playground area. We'll work
with the township to do that.
[8:59]
» So you would agree uh to uh to a
condition that you would move to the
[9:04]
dumpster to the satisfaction of the
township's uh building code official?
[9:09]
Yep. And that's fine. We'd accept that
condition.
[9:11]
» All right.
>> U third is the parking requirements.
[9:15]
Very very much aware of what the
township requires. Um if you if you look
[9:20]
at the site plan uh for a moment, what I
refer to as
[9:24]
» A2 E2. Yeah. A2. Uh to the right uh in
the strip center is not u this
[9:33]
landlord's uh ownership. It's starting
with 31 Eastern Road least least unit to
[9:39]
the left. Is that correct?
>> You're standing on Eastn Road
[9:44]
» looking looking. Yeah. Okay. Um, so but
point I'm trying to orient that's what I
[9:50]
like about the photos to give you
pictures worth a thousand words give you
[9:53]
a sense of the local. Uh the landlord
has been waiting to uh see what develops
[9:59]
with this particular unit and then we'll
repave the parking and restripe the
[10:05]
parking in conformance and compliance
with the township requirements
[10:10]
and then uh we'll be able to if you look
at exhibit two there is a specified
[10:15]
number of parking spaces on there
already. uh they'll be restriped uh with
[10:20]
with clear markings uh ground level
markings. In addition, there will be
[10:26]
clear markings for drop off and and
pickup areas. Uh and Nina explain
[10:32]
orienting to the photos where that drop
off and pickup area will be. Uh in this
[10:38]
particular uh instance in this local
the configuration of the improvement the
[10:44]
structure has that indentation which
will allow uh parents, guardians and and
[10:51]
people dropping off the children to come
in away from the that flow traffic flow
[10:56]
area and drop off the children. So it
almost is a I don't want to say an ideal
[11:01]
location but it's a preferable location
for that. Um Nina will show you where
[11:07]
the main entrance will be and orienting
to the photographs you have. And um as
[11:13]
far as uh the uh Kay's aware of the
annual permit review with the township
[11:21]
anticipating to comply much like
Sheltonham Township, she's aware of that
[11:25]
condition and that requirement. uh she's
aware of the consent uh notice that is
[11:30]
to be provided to the township that
directs the department of public welfare
[11:34]
to provide township immediate notice of
any suspension, revocation or
[11:38]
termination of the state license for the
daycare center. So again, that's another
[11:43]
condition that we readily accept. It's
in the ordinary course of business.
[11:49]
Um
[11:53]
there is an existing romper room uh in
the in Nenah's uh not in Nah's company's
[12:00]
ownership but again that romper room has
been in that local for a number of years
[12:08]
» since pre-COVID I don't
>> yeah so in the 1990s and so the point
[12:13]
I'm making there is there's no there has
been no
[12:17]
issues of traffic flow, interruption,
noise, or anything of that sort
[12:22]
associated with the romper room, which
will be almost next door to where 31
[12:26]
Eastern Road will be.
Um, checking off my checklist, your
[12:32]
ordinance has a provision that I
reviewed with Mr. Patel and the
[12:36]
solicitors uh with regard to tobacco
shops. So there's an existing tobacco
[12:41]
shop in the strip center in the non
nonrecord owners local except your
[12:46]
ordinance as I interpreted it and I
believe Mr. Kenny agrees I think so that
[12:51]
that ordinance is to prohibit a tobacco
shop from moving in on a daycare center
[12:57]
not the opposite. A daycare center can
move into a local where there is a
[13:01]
tobacco shop. Um so I I was concerned at
the outset when Kay engaged me because I
[13:07]
was aware of that ordinance provision
and concerned with how that would be
[13:10]
construed. But my understanding is uh
that ordinance provision for
[13:15]
I'm going to say B
the B34 use uh that is doesn't require K
[13:22]
to go before your zoning hearing. That
was what my main concern was. So, uh,
[13:27]
subject to your review, uh, we there's
no need for variance relief is what I'm
[13:32]
saying. Um,
[13:38]
K will enter into a house into a a lease
property and with the landlord and that
[13:44]
is um, uh, long-term in sense of being
there to stay and operate this daycare
[13:50]
center. Um, I would mention that your uh
the county's planning commission uh
[13:56]
endorses this use within the uh in
compliance with your Montgomery County
[14:02]
comprehensive plan and in compliance
with um I'm not sure I know what this
[14:06]
is, but my code 2040, a shared vision.
So both of those uh countywide documents
[14:12]
uh allow for this use uh for daycare uh
um center operation and educational
[14:20]
uses. U there is a number of um uh
recommendations to you that within that
[14:27]
uh planning commission July 2 letter uh
which I've reviewed with K and uh with
[14:34]
Mina. So, we're prepared to go through
them and and basically answer any
[14:40]
questions that you have regarding those.
Last item, if I could, is the buffer
[14:46]
requirements in your ordinance. The
problem is this is a long standing strip
[14:50]
center and we own my client's landlord
owns a portion of the strip center. So,
[14:56]
there's little ability to create new
buffering. uh but subject to your review
[15:02]
and your uh recommendations, but it's a
it's as I said, it's a long-standing
[15:08]
existing shopping center that K is
simply moving into a vacant unit, unit
[15:12]
uh 31 Eastern, that unit. Um
the
[15:19]
solid waste removal, we'll address that.
Um that'll be because I recognize in
[15:24]
your ordinance that a daycare center is
in considered a facility much like a
[15:29]
hospital or a home that cares for
people. So whatever the will comply
[15:35]
whatever requirements relate to solid
waste disposal will be complied with. Um
[15:46]
there is a basement in the in the lease
space. No. Okay. wrong wrong case.
[15:52]
Sorry, so we don't have exterior access
issues there. Um
[15:57]
just going through my my list
parking.
[16:02]
Um with that, I'll introduce Kay to you
and just ask her some questions and then
[16:08]
open the floor if you have questions for
K. K.
[16:11]
» Hello.
>> So you heard me give a summary to the
[16:15]
board of commissioners.
>> Is there anything I said that you do not
[16:18]
agree with? I think it was perfect.
Perfect.
[16:21]
» That's nice. Is there anything you want
to add on?
[16:24]
» No, I think it was perfect. Um
I I can't think of anything that was
[16:29]
missed. Um unless you guys had questions
for me that I can try to answer.
[16:35]
» So I think the whole thing's put might
generate a question might answer a
[16:39]
question. Sorry, the end.
>> So let me ask one more question. K. Is
[16:42]
there anything you want to add to what I
said?
[16:44]
» Um no.
>> Okay. There is one. Okay.
[16:48]
» Hours of operation. So this this
location is in a residential mixed
[16:53]
residential commercial area including
the Rog Grove Mall. So K application
[16:58]
that she prepared she has proposed 6:00
am 10 p.m. Um and her view is that that
[17:06]
spans the time frame that really will be
use usable if I can put it that way by
[17:12]
residents wanting to have their children
uh uh cared for at the daycare center.
[17:17]
Uh, I recognize that's a long period of
time, but your ordinance says um part of
[17:24]
a day doesn't have a precise limitation.
And I'm not arguing that. I'm just
[17:29]
saying that's what it says. And as far
as the attendees, it also says a a
[17:33]
suitable number of attendees. So, I
already addressed that in terms of the
[17:37]
compliance issue with the state and and
your local requirements. But those um
[17:43]
those are the opening issues that I
have. And uh with that, I'll I'll ask
[17:47]
Nina to step up.
[17:51]
» Nina, would you um what I'd like you to
do is if you could walk through exhibit
[17:56]
B1, each of the colored photographs that
we have presented to the board and to
[18:00]
Michel
just explain what you see in that
[18:03]
photograph. And let me ask you this. Who
took these photographs?
[18:08]
» Pages.
[18:12]
And I'm not
>> Someone needs to speak into the
[18:15]
microphone.
>> Uh I'm not sure who took the photographs
[18:18]
to be honest.
>> I received them and I had an automatic
[18:21]
question that were these taken without
any alteration of what was appearing in
[18:26]
the lens of the camera. The answer to me
was no. This is an act. Each of these
[18:30]
photographs are accurate uh depictions
of what was in the camera lens. So there
[18:35]
was no manipulation of what? Okay. So
Nina, I'll let you go and just explain
[18:40]
what what is in each what the vision is
in each photo.
[18:45]
» Okay. So I'm looking at the photograph
that kind of in the middle you can see a
[18:49]
sign that says Paradise Halal Market
above there. Um the
[18:55]
» that's the first page of the package I
gave.
[18:58]
» So the doorway there's two doors. The
door directly to the left of the green
[19:04]
dumpster, that's the Halal Market. uh
and career entrance.
[19:09]
» The door to the left of that, it has a
31 on it. That would be uh Kay's main
[19:14]
entrance where she would have uh drop
off and pick up of the children.
[19:18]
» Can I interrupt you just for a minute?
So, this is the what I call the
[19:22]
indentation
uh of the strip center. So, cars can
[19:26]
literally pull in. And is that where the
markings, the ground markings will be
[19:31]
provided? So, the cars will come out of
the the traffic flow lane of the strip
[19:35]
center and be able to pull into this in
what I call the indentation area uh to
[19:40]
drop off children and pick them up.
[19:49]
» So, the the second photo um is mostly of
the parking lot and there's like a looks
[19:55]
like an office building in the rear uh
vision of the photo. Uh all the way to
[20:01]
the left side of that photo, you can see
the edge of the building and it looks
[20:06]
like there's like a line kind of painted
out. This is the area where the
[20:10]
playground is going to be built and
fenced in. And one of the things that
[20:15]
the Montgomery County Commission had
mentioned that they wanted bowlers
[20:20]
placed around the outside of the fence
and we've agreed to comply with that.
[20:25]
every five feet seems to be uh the
standard from what my research shows.
[20:30]
So, we will be installing those on the
outside to protect the fence as well.
[20:34]
» There's another photo that has a red
square that I'll point out further. And
[20:38]
is this uh
>> still on the second photo?
[20:41]
» We're still on the second photo. So,
this ground area is to to the bottom of
[20:45]
the photograph. is that parking area
that that um um 31 Eastern LLC controls.
[20:55]
» No. So, basically the you could see
where I I mentioned this line comes out
[21:01]
that if that line extended straight out
to Davisville Road and deep into the
[21:07]
picture, that's what we control.
Anything from this line and behind is
[21:11]
the next property owner. It's not
something that we control.
[21:15]
» All right. So the vehicles in the
photograph in the middle of photograph
[21:19]
that's your
>> space area and that's where you will you
[21:22]
will repave that parking area and
restripe it correct.
[21:32]
So, this next photo is the front of the
center uh taken from Eastn Road
[21:40]
and
[21:45]
it it looked like you're actually st if
you're standing where the picture was
[21:50]
taken, the space 31 is directly to your
right. It's actually not in this
[21:54]
picture. The rest of the center that we
own is in front of you in this picture.
[21:59]
» And the reason for the photo, all the
space in front of that those shot is
[22:05]
your ground area. Will that also be
repaved and restriped?
[22:08]
» Correct.
[22:13]
Okay. So, this next photo
um shows again the rear. This is what
[22:19]
John was mentioning. The red line
uh around the back on the right side,
[22:25]
that's where the playground area will
be. And you can kind of see that that
[22:30]
part of the building that's ours. And
everything to the left of that is a
[22:35]
different property.
[22:39]
» And that the red box will be enclosed
with a six foot high fence and the
[22:43]
ballards will be surrounding the
exterior of that fence.
[22:47]
» Correct.
And I'll just ask you, well, I I'll make
[22:52]
a representation that this work has to
be done before the state issues the
[22:57]
license to allow the daycare center to
operate. So, not only would it be a
[23:02]
requirement and condition of the
township to be fulfilled, it's also a
[23:05]
requirement of Department of Public
Welfare.
[23:10]
Uh the next picture is taken from
Eastston Road and in the middle you can
[23:17]
see the
the first blue awning that's the Zulu
[23:22]
vape shop. To the left of that is a
beauty supply and the beauty supply and
[23:30]
all to the right is not our property.
the very just to the left of the beauty
[23:36]
shop. That is the 31 Eastern Road and
that's the space that Kay would be uh
[23:42]
leasing from us.
>> And and we took this photo and put it in
[23:45]
the package when we weren't sure how
Zulu the tobacco shop would play into
[23:50]
this. So we wanted to orient you to
where the tobacco shop was in connection
[23:54]
with the lease space.
Uh the next is a photo that
[24:02]
» aerial photo uh showing you the entire
property and it gives you a better
[24:07]
vision of what the current parking lot
striping is. So all of that it'll be uh
[24:14]
the parking lot will be resealed and all
those same parking spots will be painted
[24:18]
just as they are today. We're not
lowering or increasing the parking
[24:23]
spaces. It'll all be the same.
Now, while you're on that subject, as
[24:28]
far as complying with the township
board's parking spaces for the daycare
[24:33]
center, is the landlord uh going to
provide uh the requisite parking spaces
[24:40]
to comply with the um township
ordinance?
[24:43]
» Yes.
>> And so I would I would propose that's
[24:48]
why I asked Nina to be here. And I would
propose that if there's a condition of
[24:52]
compliance as we restripe this, we have
the landlord committing to comply with
[24:57]
the condition in connection with the
property.
[25:04]
» And then
is the
[25:08]
the site plan
>> um which
[25:12]
» exhibit A2. Yeah, A2.
Uh, and this basically shows you uh the
[25:19]
center. Uh, it's the Shinghar beauty all
the way to the right from there all the
[25:24]
way to the right is not our property.
Um, but everything from 31 east and to
[25:30]
the left and this uh site plan is ours.
shows you uh we have the 17 parking
[25:38]
spots in the front and then in the back
we've got 63 parking spots. Uh and we
[25:46]
have the directional arrows
just showing how the traffic flow will
[25:51]
go and where the drop off spot is at the
entrance that I had pointed out in the
[25:56]
previous photograph. Um, if we are, this
is this was our best guess of what you
[26:03]
guys would be looking for as far as the
directional arrows. So, if there's
[26:07]
something else that you want, we're
happy to comply with that to satisfy the
[26:11]
township's requirements.
[26:18]
» Related to that, you would condition be
acceptable subject to uh any
[26:23]
recommendations from the township's
traffic engineer. Correct.
[26:26]
» Yes. and and acceptable. Yep.
Um
[26:35]
I think that covers all my points and so
any if you have any questions of me or
[26:39]
either witness
>> uh I'll start out uh quickly the front
[26:46]
door will that be used at all? Drop in,
drop off, in and out.
[26:51]
» Um
>> we need to come up to the microphone.
[26:55]
We haven't quite decided yet, but we we
prefer it to be in the rear where the
[26:59]
arrows are going to be to direct the
traffic and have a easier flow in and
[27:04]
out. Um we may use it for just
emergencies or if we put a classroom up
[27:10]
there, we may use that entrance. But um
as of right now, we're using the
[27:18]
» uh the fence in the back. Will there be
a gate to the parking lot?
[27:25]
» Mean an entrance in the gate or
>> an entrance for the inside of that
[27:29]
fenced area 20 by 25
>> playground area.
[27:32]
» Will there be a gate or a way to get out
of that without stop going through the
[27:36]
building?
>> Yes. In case of emergencies because it
[27:41]
it does back up to one of our rear ent
um entrances or exits. So, if we had to
[27:46]
get out of the back, we need to have a
way to eress from the play area.
[27:54]
Uh,
let me see. As far as
[27:59]
the drop off
and not necessar particularly here,
[28:05]
maybe your other place.
How many drop offs during prime time do
[28:12]
you expect?
I know this is a guess, but you know,
[28:17]
whatever your hours are, especially in
like the morning hours or whatever, uh,
[28:22]
in other words, are we expecting to see
four cars waiting to drop bids off, 10
[28:28]
cars? We don't know the operation that
you have,
[28:32]
» right? So, it does vary on the the
schedules of the parents. Um, so
[28:36]
occasionally you may get two or three
people that show up at the same time.
[28:40]
Some days are running late or been a lot
of days are running late.
[28:44]
But um they it varies. It it does vary.
Um most of the parents will try to get
[28:52]
there by the drop off time which will be
9:00. We have a grace period of 9:15 to
[28:58]
arrive so we can get our day started. So
roughly
[29:03]
I guess between 8 and 9 is the busiest
time
[29:06]
» in the morning.
>> In the morning.
[29:10]
» That's all I have for you. You have a
little dimensional.
[29:12]
» Okay. As far as uh the dimensional on
your plan, you show the parking along
[29:21]
the front of the building.
>> You don't
[29:25]
get
>> Yes.
[29:26]
» You don't show the parking spaces that
are along the sidewalk on that plan, but
[29:34]
they are striped as parking spots next
to the sidewalk
[29:38]
as of now.
>> Yes. Uh we didn't include those because
[29:44]
we are looking in the next year or so to
actually uh put a pylon sign hopefully
[29:51]
in the front and if we put a pylon sign
we have to eliminate those. I think it's
[29:55]
two maybe three spots there. So I didn't
want to include them in the anticipation
[30:01]
that they'll likely be eliminated.
>> Try to find your pictures to hear.
[30:06]
» Yeah. Yeah. Yeah. No, I know what you're
talking about. And when we looked at
[30:10]
we've engaged with a sign company and
we're waiting on drawings back, but in
[30:15]
our looking at it, the only place for us
to put a pylon sign is kind of in the
[30:20]
middle of those spots and that just
basically eliminates them all. Uh,
[30:26]
do you feel there's enough
parking here as it sits as the land and
[30:35]
say manager of the property to add this
business in?
[30:40]
I do the and especially because
I've been at the center multiple
[30:48]
different times during the day, morning,
afternoon, late afternoon, and
[30:54]
we have it. I've never seen the parking
lot even 3/4 full. it just the the uses
[31:02]
that we have in there now. They're just
there's not a lot of
[31:08]
cars that park there. It's more uh in
and out type thing. Uh so I definitely
[31:14]
think that it won't be an issue.
>> So now here's the question. Where your
[31:20]
drop off is inside of the little 90
degree area. Uh you have a it looks like
[31:27]
two parking spaces there. uh where the
drop off pickup is between the building
[31:33]
bump and the entrance door.
>> Correct.
[31:38]
» Are they essential parking spots? Are
they handicapped or anything? Because if
[31:44]
we're having cars pulling in, dropping
kids off there and stuff, you might have
[31:50]
a car there backing up. You know, you're
trying to get in there. Uh are is that
[31:54]
spot I think you chose two of them
central to this to your shopping center?
[32:01]
» I don't believe so. And if you you would
like us to eliminate them or maybe make
[32:07]
them only for drop off.
>> It's only coming from me. Everybody else
[32:11]
might have other questions. But yes.
>> Yeah.
[32:13]
» I don't want kids with a movement where
a car could be moving in and out or
[32:17]
break there when it's really enclosed
three sides.
[32:21]
» Yes. No, it's it's two spots. I don't
think it it's not going to make or break
[32:26]
anything.
>> My last question to you is you're going
[32:28]
to pave the front well both front and
back,
[32:32]
» correct?
>> Are you going to do anything to the
[32:36]
sidewalks
in a little disrepair out front along
[32:40]
Easter road while you're paving?
>> Uh, honestly, we haven't looked at it.
[32:46]
If it's something that uh is required,
we will take care of it.
[32:51]
» Okay. Just general question. That's all
>> with that.
[32:57]
» Anybody here? Sure. Yeah.
>> All right. In addition to the interior
[33:02]
space calculation perennsylvania law,
there's also a requirement for the
[33:08]
outdoor play space. How many kids can
you fit in that pro proposed play space?
[33:15]
In the outdoor play space, we're looking
maybe between 10 and 15 children.
[33:20]
» And what would make it 10 and what would
make it 15?
[33:22]
» The ages of the children. So, um, every,
well, you have infants, young toddlers,
[33:28]
older toddlers, and preschoolers. And
they require different spaces based on
[33:31]
their age or square foot.
[33:36]
And
[33:39]
getting back to the interior calculation
[33:44]
that is a we need something to go on to
understand the amount of traffic that's
[33:50]
coming in and out of this facility
and
[33:56]
I are is there no estimate that you can
make based on knowing that you will have
[34:01]
an office you will have this sort of uh
equipment uh uh you know those items
[34:07]
that are taken out of the calculation
for the amount of space you have. So do
[34:12]
you have any idea with with a good
degree of
[34:18]
uh confidence how many children you're
looking to serve?
[34:22]
» Um I will I will estimate maybe 40. I'm
not sure because
[34:28]
some spaces um they deduct space for
like bathrooms hallways and so the
[34:34]
depending on the configuration that we
decide to use to maximize the space will
[34:40]
depend on that.
>> I I can answer that a little bit more
[34:44]
fully if you will. Your section 35019C4F
of your ordinance does say you exclude
[34:52]
uh hallways, kitchen areas, bath areas,
staff areas, and utility rooms. So I
[34:59]
believe that's consistent with the DVW
requirements. And so that is a will
[35:03]
comply and that will whatever that
calculation is for this specific space
[35:08]
will dictate
the number of children that will be
[35:12]
allowed to be on premises.
Well, that that's not leading to any
[35:16]
sort of compliance by telling you you'll
take those items out of the calculation.
[35:21]
» No, I'm saying it'll it'll reduce in
other words, it is a it is a limited
[35:26]
calculation but not on base not on total
floor area but on dedicated floor area.
[35:32]
So Kay already understands that what
that calculation what the product of
[35:37]
that calculation will dictate in terms
of the number of children that can be on
[35:42]
premises.
>> Right. So we all we all read that but
[35:46]
that's that's not getting us any further
to complying. So
[35:49]
» it's it's vacant space. It's going to be
fitted out and that's part of
[35:53]
» it's going to be Yeah. Yeah, we don't
have we don't have a plan to react to to
[35:57]
say uh okay I I I understand your plan
to have x number of children
[36:04]
um and
uh it it you know it could vary by a few
[36:10]
here or there based on this or that I
don't have anything to go and without
[36:14]
that why it's important to me is that in
order to understand um and assess
[36:21]
parking safety egress and ingress
um you know the amount of of pedestrians
[36:27]
that are going to be there. We need we
need actual plans. We need something
[36:31]
something concrete to go on. I
absolutely understand that. Um however,
[36:38]
until
K receives approval for a particular
[36:41]
site, the state won't get involved and
do the computations and do a site visit.
[36:47]
And so we're it's the chicken and the
egg situation. One of the things I would
[36:51]
recommend or propose is that we have a
post approval condition of complying
[36:58]
with the oversight by Mr. Patel or or uh
or your your solicitor.
[37:07]
» Yeah. Yeah. So, I I'm not trying to
dodge your question. We just don't have
[37:12]
a definitive answer right now. Right.
They
[37:17]
» Yeah.
Um
[37:22]
I I want to confirm that you're saying
you cannot add any sort of landscaping
[37:27]
or streetscaping of any kind.
>> Are we adding it or
[37:32]
» No, there there's a requirement for
buffering. But you
[37:36]
» the the
98% or 99% of our property is currently
[37:45]
concrete parking lot or building.
There's a little strip along Davisfell
[37:49]
Road between the parking lot and the
road itself. There's
[37:54]
nowhere to be able to put anything
[38:03]
» and none of the surrounding properties
have anything either.
[38:09]
Um,
[38:13]
and I think what we're looking at there
is the strip of ground you have on
[38:16]
Davisville Road in the back of it that
you could possibly put a tree or two
[38:22]
along Davisville Road.
>> What's the width of that strip?
[38:27]
» I don't know the width of it.
>> I don't know, but
[38:33]
you'd be wrong.
[38:37]
It's
>> I mean part of our problem with if we've
[38:43]
planted something, we don't have the
ability to water it and make sure that
[38:46]
it stays alive.
Uh we just don't do not have the
[38:51]
capacity to
um and if we plant something and then it
[38:56]
dies then it's
I don't know how we maintain it to be
[39:01]
honest. I'm not
trying to be difficult with that piece
[39:06]
or anything, but it just seems very
difficult for us to maintain.
[39:13]
With regard to the ballards around the
play area, I
[39:19]
I would expect to see a plan. You expect
you to show up with a plan since we knew
[39:25]
that that is a requirement uh to to have
safety around that play area. So, it's
[39:31]
also hard to assess if uh what you're
saying is adequate because it's not
[39:38]
really a plan that's been submitted to
us.
[39:41]
» But but we offered it as a condition
that we would comply with the the both
[39:46]
the uh planning commission's
recommendation and your requirements for
[39:52]
ballards in a dimensional pattern around
the uh exterior fenced program.
[40:00]
I understand.
[40:04]
» But we're making an offer of of
commitment.
[40:07]
» Explain the offer again one more time to
the board. Explain the offer to the
[40:11]
board.
>> The offer is to comply with uh the
[40:14]
recommendation of a county planning
commission in terms of installing
[40:17]
Ballards around the fence playground
area and whatever your director of
[40:21]
planning
>> official such as the building code
[40:24]
official and or the township engineer or
traffic engineer.
[40:27]
» Correct.
[40:30]
Um, with regard to traffic, uh, has any
engineering uh, staff member or K or or
[40:38]
um, council or anyone taken a look at at
these plans to determine
[40:45]
uh, the recommendations about whether
they think it's it's it's safe or not.
[40:51]
» We have not uh, engaged traffic study
engineer. uh this is a that we're
[40:57]
replacing a tenant within this space and
uh
[41:01]
» the use
>> this is a use application
[41:03]
» permitted use and this
>> right
[41:07]
I would point out though just to step
back that the exhibit A does have a a
[41:12]
box legend about the ballards committing
to the ballards on this on this plan as
[41:18]
» pretty vague I get commissioner saying
that
[41:24]
Well, what I'd see is a five foot
intervals on all three sides of the
[41:27]
exterior of the playground enclosure. If
that as an example, if if five feet is
[41:33]
not adequate in your view, we'll we'll
put them in whatever dimension.
[41:37]
» Obviously, the commissioner would talk
to our township professionals and
[41:41]
consult with you and getting together
obviously a safe plan.
[41:44]
» Right. Right. If the board if the board,
you know, imposes that condition and
[41:51]
there's an approved
>> and we would work with the township
[41:56]
» uh daycare centers are very much needed.
I'm trying to get enough information out
[42:00]
of you to be able to make the
inappropriate decision.
[42:04]
» And and commissioner, the only thing
I'll say is that there's seasonality to
[42:07]
this application. So we're we're not we
Kay filed it uh actually before I was
[42:13]
engaged and and in March and so we've
been trying to react. I think um uh the
[42:20]
perfectly understand the point of a
definitive plan, but what we're trying
[42:24]
to say is we'll commit to those definite
requirements as as we develop the the
[42:30]
lynch pin is we have to get the site use
approval, then deal with the Department
[42:36]
of Public Welfare and at the same time
deal with your
[42:40]
Yeah.
[42:48]
I just have one about the dumpster. Uh I
know where it is now and where in the
[42:52]
site plan.
What was the reasoning behind where is
[42:56]
it being positioned and will will the
dump dump truck be able to sanitation
[43:01]
truck be able to adequately get in with
a full parking lot to empty the trash at
[43:06]
that location?
>> Uh yes. So the where we proposed to put
[43:12]
it uh was as far away from the entrance
as possible and because we
[43:21]
as I had mentioned like
we we can't put it in the on the house
[43:27]
the edges of our property right because
the parking lot of the neighboring uh
[43:33]
strip center it absuts it. So along the
Davisville Road edge is the only spot
[43:39]
that we can really put it. Uh I do
believe that there is sufficient
[43:42]
clearance uh to put it there and if it
would be preferred to put it uh on the
[43:50]
other side of that egress.
Uh we're open to moving it wherever
[43:57]
uh the township would prefer along that
Davis roadside. It's it's honestly it's
[44:02]
I don't know that we have an option to
put it anywhere else. Again
[44:09]
to reiterate, you'll agree to whatever
the building code official dictates
[44:13]
related to that.
>> Yes.
[44:17]
» Just a question. Is there any natural
light in this building other than the
[44:21]
door?
>> I don't see windows.
[44:25]
» There's windows in the front
>> and the side and a door is clear on the
[44:30]
in the rear. Would you go all the way
back and there are no no additional
[44:35]
natural light?
>> No, it's an enclosed rental unit on the
[44:39]
sides.
>> I see in line. Yes,
[44:41]
» I see that there were windows. I don't
know whether you were thinking about
[44:46]
removing
>> previously, but currently there in the
[44:50]
front I don't know if you guys
[44:59]
with regard to the other tenants that
are in your property. Um like in the
[45:05]
picture it shows Paradise Pal and their
door is about 3 ft away from the
[45:11]
entrance to the daycare. Um, are they
upstairs? Is this the floor building?
[45:17]
Where are they located? Because in none
of the other schematics, we you talk a
[45:20]
lot about the store that you are on your
property, but I didn't see where that's
[45:25]
specifically located.
>> So, that the door that you see that's
[45:28]
kind of next to the dumpster. That's
actually their rear entrance. It's not a
[45:31]
customer entrance. It's something that
they use to exit to the rear because
[45:35]
that dumpster is actually the dumpster
that they use. Uh, and if you came
[45:41]
around to the pictures that showed the
front, their entrance is on the front
[45:47]
and it's
[45:51]
you can
[45:56]
um
maybe the third photo.
[46:00]
» Third photo. Yeah. We're looking
>> Burger King at the end.
[46:04]
» Yes. Yeah. Yeah. So they're that very
first kind of space where you can see
[46:08]
that kind of green and beige column or
that next space right there.
[46:14]
» You would only expect that rear door to
be used
[46:18]
» by their day type low traffic.
>> Correct. Correct. Yeah. They don't they
[46:24]
don't allow to use that entrance. It's
really only a business rear entrance or
[46:30]
exit I guess. Could
I ask another just brief question? Sure.
[46:36]
» Do you have the um authority to ask the
market next door? I noticed things that
[46:43]
it looks perhaps like a a stepladder up
against the side. I'm looking at picture
[46:48]
number one and the things that they have
there don't strike me as being things
[46:53]
that you would want. They look like
attractive nuisances and maybe some
[46:57]
danger for children. you have the
ability to ask other
[47:01]
» businesses to not do that?
>> Yes, we can make sure that they clean
[47:05]
that up and that's removed from there.
>> Thank you.
[47:18]
» Closing anything?
>> No, just uh I think um one of the
[47:22]
commissioners said the daycare was
necessary. I asked Kay what she thought
[47:25]
and she said it's she has a lot of
response, a lot of reaction to her
[47:30]
community about opening up a daycare
center in Upper Morland. So people are
[47:34]
anxious to see if this gets approved.
You might closing remark we would ask
[47:39]
you to approve this use application.
Thank you.
[47:44]
» Once that's done, see if there's any
followup.
[47:48]
One more thing, I would still
[47:52]
along the road with some higher figures.
So, usually keep them alive long enough.
[47:57]
Uh, and you don't have to water a tree
once it's actually working. Just a
[48:02]
comment. Uh, anybody from public would
like to speak on this?
[48:09]
Sure. Did I come up the microphone?
>> This or something?
[48:13]
» About this?
>> No.
[48:14]
» Oh, okay.
>> All right. With that, uh, I'll take a
[48:17]
motion to close.
>> Nigel
[48:23]
moved.
>> All in favor say I.
[48:27]
» I.
>> So, the public understands the board
[48:31]
then has 45 days to issue a decision. uh
we would anticipate that there would be
[48:37]
uh within those 45 days some kind of
action and if the board was grant some
[48:42]
kind of approval there would be a series
of conditions and then it would be up
[48:45]
that they were acceptable to the
applicant at a time just so everyone
[48:49]
understands what the process is going
forward because this is quadai judicial
[48:53]
uh we can um the board can deliberate or
talk about these uh proposed conditions
[49:00]
and if they want to move forward with
the approval behind closed doors just so
[49:03]
folks
[49:06]
I agree with that. Thank you for your
time. Appreciate it.
[49:10]
» This is a general. We would be voting on
this next one.
[49:13]
» Yes, we would.
>> It's not on the agenda.
[49:16]
» Of course, we would we would hope that
get some consensus of the board, get
[49:20]
proposed conditions. If there was some
kind of approval, get consensus of the
[49:23]
board looking at those and then vote on
something or not.
[49:27]
» This is closed.
>> This is closed. The hearing is closed.
[49:31]
» Thank you.
Thank you. Next, uh now we'll get to in
[49:36]
the regular meeting. Okay. Okay.
You won't bother us. Clean up and don't
[49:42]
worry about uh public comments not
agenda items only. Now, is anything that
[49:48]
you want to address to the board that's
not on the agenda? You can come up to
[49:52]
the
[50:06]
new to hearing aids. So I got I've been
turned way up to hear what was going on.
[50:10]
Now I got to
way down.
[50:14]
Sorry about that.
>> Please.
[50:16]
» My name is John Dunl. Most people know
me about Jack.
[50:22]
I live at 2319 Fairway Road Valley up in
township. I'm here to represent my mom
[50:27]
and dad who live at 183 Lookout lanes in
the township as well. Um
[50:34]
uh what what's going on there is um they
have like a problem with their their
[50:40]
curve on on their their house. Um hard
to describe. It's it's we all know that,
[50:46]
you know, you have your sidewalk and
then you have like what I'll call the
[50:49]
apron that goes down and then you have
the curve, you know, that's about, you
[50:53]
know, 6 in 8 in wide that that is
depressed at the part where the car
[50:58]
leaves and goes onto the road. Well, um
those is sever is uh deteriorating
[51:04]
severely and um you know it goes back
years. It's not something that just
[51:09]
happened like this year last year since
um and you know I we've been kind of
[51:14]
looking into it and
in 2019
[51:19]
um the summer of 2019
uh there was a large project on that
[51:23]
road where they replaced the water lines
uh involved from what I understand
[51:27]
obviously aqua um there was repairs to
the road the roads were paved so there I
[51:33]
guess there were many people in it at
the same time um And apparently during
[51:39]
the time there, you know,
one must assume some somehow that the
[51:43]
homeowner had some involvement somewhere
as to like what parts of the sidewalks
[51:48]
or what parts of the curbs could be
addressed at that time. I don't know if
[51:52]
there was cost sharing on or at that
time or what or you know something they
[51:56]
said like oh we're doing this project.
Uh we know that sidewalks and the curbs
[52:01]
are the homeowner's responsibility
as my parents recall it and maybe some
[52:05]
of the neighbors and no not maybe some
of the neighbors recall it something
[52:10]
happened that with respect to cost
sharing where they could say all right
[52:14]
you know now you have the opportunity to
pick out these pieces of sidewalk that
[52:18]
you want to be replaced and that's
evident by fact even on my own parents
[52:24]
I got the pictures that I I sent
[52:30]
I responded right now.
>> Okay. I I have some copies I took this
[52:33]
afternoon. I could pass around. It's uh
>> just so you know, we do not go back and
[52:39]
forth with you. So,
>> give us all your information.
[52:44]
» There's no need for pictures then. So,
>> we don't want that.
[52:48]
» So, there's no need for pictures then.
Good. So what has happened then is that
[52:51]
the curb in their area is so severely
deteriorated and if you compare it to
[52:56]
the rest of the street, it is literally
on the entire street of Lookout Lane
[53:00]
where that whole project occurred, it is
literally the only one that has this
[53:05]
severe deterioration to the point that
it's a safety hazard. Literally the only
[53:09]
one. I took a close look at it and I
initially sent a letter to um Susan who
[53:15]
represents our ward and I said, "Well,
you know, we really don't, you know, we
[53:19]
can't figure out what's going on here."
I thought um either um either during
[53:24]
that big project it was repaired um and
those repairs weren't done right and it
[53:28]
wore down prematurely or and this is
what probably this is what almost
[53:34]
certainly happened um when those repairs
were done and homeowners were given the
[53:39]
opportunity to say yes or no to portions
of their sidewalk and or curbs that need
[53:44]
to be replaced. This somehow got missed
and I'm convinced that that's what
[53:49]
happened. Um so um um if indeed that is
what happened and I'm hoping that
[53:54]
someone from the township or somewhere
maybe can help and I can do further
[53:59]
research you know to find out exactly
you know if um and when you know offers
[54:05]
were made to residents. Um I guess what
I'm getting at is if that was happened
[54:10]
and my mom and dad missed that
opportunity. It's unfortunate for them.
[54:14]
Um I I I um know what Well, I'm trying
to see if there was some some way that
[54:22]
my mom and dad, you know, or or any
limited income at this point could, you
[54:27]
know, is there a way that they can get
help? You know, if other projects, for
[54:31]
example, are happening in the region,
they're doing the same sort of work. you
[54:35]
know, maybe, you know, homeowners like
my parents or or others that that might
[54:40]
have the same problem can kind of
piggy back onto another contract that's
[54:45]
in the adjacent street or a street
nearby or something and and you know,
[54:49]
get this corrected with some help from
the townships. Um, if if not monetary
[54:54]
help, certainly help from like a uh, you
know, a standpoint of uh, you know, how
[54:58]
to make it happen because it's not like
replacing or paving your driveway or or
[55:04]
redoing sidewalk. This curve work is
very it's much more specific and it's
[55:09]
like a different level of detail when it
comes to that kind of construction. So,
[55:13]
we're kind of like kind of stuck here
figuring out what to do and if there's
[55:17]
some way that they can get some, you
know, some monetary relief in the form
[55:21]
of like a reduced cost um you know to
like I said piggy back on similar work
[55:27]
that's happening within the township or
or do or are are the you know are is the
[55:34]
homeowner actually responsible for that
little piece that that curb part because
[55:38]
I had talked to um Paul took a couple
weeks and I happened to be in the
[55:44]
building to pick up so many discounted
movie tickets and I went to say goodbye
[55:47]
to Paul brought us up and he said,
"Well, wait a minute. The curve, you
[55:52]
know, he thought he didn't say he
thought maybe that that curb somehow the
[55:58]
township had a little bit more
responsibility as compared to the
[56:02]
homeowner." wasn't sure at all and he
thought that it should be checked with
[56:06]
um he suggested that I thought the
decision about checking with the public
[56:10]
works people to get a definitive answer
to that which I have not got until today
[56:15]
when I went in I found out that
apparently the curbs are responsible I
[56:20]
don't have that problem I don't know
where it really falls we're just looking
[56:23]
some guidance and some possible you know
some possible monetary help in the
[56:27]
future u maybe piggy back on doing some
inventive way to help homeowners outlet
[56:32]
my folks and others that might be in the
same situation. Not
[56:35]
» would pardon me.
>> Can you give us those pictures?
[56:40]
» Yeah.
>> Okay. If you would just give us those
[56:41]
pictures, Miss Ps will look into it and
somebody will get back to you on what
[56:46]
the board has decided.
>> Okay. I actually I talked with um uh
[56:50]
Tina, right? Uh and at her request, I
emailed uh pictures to her and she said
[56:56]
she would do everything she could to get
them to pass. So, so, so in essence, you
[57:01]
have them.
>> You have you have them. They were sent
[57:05]
about five hours from Okay.
>> I guess this No, we're not a dialogue,
[57:12]
but I'd like to know when there is a
meeting where dialogue could happen. I
[57:17]
think the 21st of September.
>> Second, we get September because we
[57:20]
don't have a meeting in August.
>> Okay. So, I'll be at that.
[57:23]
» Did you receive my email from this
morning?
[57:25]
» No, I did not.
>> I sent you an email this morning about
[57:27]
9:00.
>> Oh, okay. Check your
[57:30]
» Okay. Okay.
>> Just want to look at it in mind.
[57:33]
» Thanks.
[57:37]
» Anybody else for public comments that
are not on the agenda?
[57:43]
» Okay. Uh treasures activity report. Uh
do I have a motion to approve it?
[57:49]
» Motion to approve. We have a motion. We
have a second.
[57:51]
» Second.
>> Okay. Uh any questions from the board?
[57:55]
Any questions from the public? All in
favor say I. I
[57:59]
» against move there into the record.
Approval of the meeting minutes for July
[58:03]
6, 2026.
Motion.
[58:07]
» Motion to approve. A second.
>> Second.
[58:10]
» Okay. Any discussion uh changes or
anything from the board, from the
[58:14]
public? All in favor say I.
>> I. I.
[58:19]
» Okay. We'll put that into the record.
Committee recommendations. Community
[58:24]
Development Committee. Uh let me see. We
have no code enforcement lowland
[58:28]
developments. The first item is a motion
to authorize township staff and the
[58:34]
solicitor's office to work on proposed
amendments to the zoning code for the
[58:38]
business center district uh which is
attached in our uh papers here.
[58:47]
We have any
this was presented to us prior to this.
[58:53]
Uh, do we have questions or any
discussion from the board on this?
[59:02]
» Any questions?
>> Yeah. Um,
[59:08]
» I agree. I agree.
>> We need a motion first
[59:12]
since it's an agenda item. Motion
authorized or should there be discussion
[59:15]
first?
>> Up to I don't know if there going to be
[59:18]
a motion.
>> Uh, yeah, it should be a motion if we're
[59:21]
going to move it forward.
>> Okay. because that's the way it was
[59:23]
advertised. Okay.
>> So, uh I'll make the motion. I just need
[59:28]
a second.
>> Second. Okay. Now, we've been discussed.
[59:32]
» Thank you.
[59:36]
» Yeah. Um I I reviewed the information
from the last meeting. I
[59:44]
am hesitant I am hesitant to move this
forward because it
[59:51]
the zoning was in place. We've had uh
couple of years at least to talk about
[59:59]
it. The use is continuing. Um, and I
don't see
[1:00:05]
uh I I am
not
[1:00:11]
in favor of changing our zoning to the
potential benefit of one business and
[1:00:20]
for no other reason that I could
discern.
[1:00:25]
» Okay. Any other anybody else?
time.
[1:00:31]
» I think the light industrial uses
proposed for this change are
[1:00:36]
appropriate. Um I I think we need to
have a little flexibility here um and
[1:00:42]
and help support the people who own
businesses in our community.
[1:00:48]
Okay. Uh the only thing I will say I
think I was the one that actually
[1:00:52]
brought it up to maybe look at this not
to change the zoning but add some uses
[1:00:59]
but that's the way how I have put it
only because
[1:01:03]
but like Sandra said it's been in place
for three years and we did two years
[1:01:08]
prior to that. Uh the reason I wanted
it, we just the township gave them a
[1:01:14]
hardship to move on if they get somebody
uh because we changed the zoning after
[1:01:22]
they had been there for 30 years. Uh and
it would just uh since they were giving
[1:01:28]
them a hardship to get, let's say, uh a
new tenant in there under something. I
[1:01:35]
would not want all industrial like
industrial stuff but that's the only
[1:01:40]
reason I had brought that up then
with that we don't take any other
[1:01:44]
comments correct on tonight
>> could I make a comment
[1:01:48]
» yeah
thank you thank you um I am more in
[1:01:53]
alignment with the thinking of
commissioner Richmond in regard to the
[1:01:57]
fact that this was a um wellthoughtout
change in our zoning and Um, I feel very
[1:02:05]
strongly that unless we would have a
reason to want to revisit this, um,
[1:02:12]
I would not support going forward with
changing our zoning.
[1:02:18]
» Okay. Any other questions from the
board?
[1:02:22]
With that, uh, we have a motion. We had
our discussion public. Yeah.
[1:02:28]
» Do you want to say anything?
add anything there.
[1:02:33]
» Pretty quickly again, Julie von
Scrapersonson from the law firm of East
[1:02:36]
Vern and Gray on behalf of Industrial
Investments, the owners of the property
[1:02:41]
for over 40 years. I just want to uh
reiterate again that um the zoning
[1:02:47]
ordinance, the business center district
contemplates light industrial uses.
[1:02:51]
That's the intent and it's also in the
comprehensive plan. So you would be in
[1:02:57]
compliance with both the comprehensive
plan and the intent of the business
[1:03:01]
center if you just add a couple of the
industrial uses that we're suggesting.
[1:03:05]
So we're not looking for a whole
resoning or anything like that. It would
[1:03:08]
be a simple text amendment to allow very
light industrial uses uh within this
[1:03:14]
district which would then be able to
allow the uh my client to continue to
[1:03:18]
operate businesses that he's operated
for over 30 years.
[1:03:24]
Anybody
else from the public? Anybody here to
[1:03:28]
comment on this?
[1:03:32]
Uh, with that, I'll call a vote. Uh,
all in favor of
[1:03:40]
looking into this through the zoning
code uh to add some amendments to it.
[1:03:46]
Uh, please signify saying I.
>> I.
[1:03:49]
» I.
>> Okay. You want to look into yes
[1:03:53]
something. Okay.
>> Uh
[1:03:58]
out out loud. You're an I.
>> I.
[1:04:01]
» I.
>> I.
[1:04:02]
» You're not I. We have three.
>> Uh opposed.
[1:04:06]
» No.
>> We have two nays. Uh, in that case, what
[1:04:10]
this is going to do is only have our
uh
[1:04:16]
I guess we'll send it to our planning
agency and our building department
[1:04:23]
and the county to see if they have some
uses. We will not change our zoning as
[1:04:30]
far as uh the business district. We are
not going to give like industrial or
[1:04:35]
anything. So we are just looking for
uses that can go there. Um okay with
[1:04:43]
that over.
>> Understood. Thank you very much.
[1:04:46]
Appreciate your time this evening.
>> Uh next motion to authorize
[1:04:52]
advertisement of an ordinance amending
the zoning codes for data centers.
[1:04:58]
Uh the motion. We have a second.
>> Second.
[1:05:01]
» A second. Any discussion from the board?
Just to be clear, uh, just so everyone
[1:05:07]
understands, we don't have a fully
formed ordinance here yet. Uh, this is
[1:05:12]
going to be discussed more fully at CDC.
I know some commissioners had additional
[1:05:16]
comments. I was not at the meeting. I
heard from Mr. Malar of that. Those will
[1:05:20]
all be addressed at I guess the CDC
meeting, but because of the timing uh
[1:05:26]
and the uh MPC requirements after the
CDC meeting when this is kind of all
[1:05:31]
hopefully flushed out, then we would
move to advertise sensitive planning
[1:05:35]
agencies so it could be adopted in
October before the moratorum six-month
[1:05:40]
moratorum comes out. So what this is a
process to move forward this is a
[1:05:45]
complete ordinance is not ready. a
complete or I mean ordinances have been
[1:05:49]
floated. Uh but obviously it needs more
revisions and commissioner input. Uh so
[1:05:54]
before something is actually advertised
and sent to planning agencies that would
[1:05:58]
happen after the CDC meeting uh next
month so everyone just understood but
[1:06:03]
the reason to advertise is just to make
sure we keep it moving so we have
[1:06:07]
something in place by October.
[1:06:12]
» It's not a discussion. It's only so we
can advertise it to the public.
[1:06:18]
Okay. Any questions from the board? Any
questions from the public?
[1:06:22]
» All in favor say I.
>> I.
[1:06:25]
Motion passes.
>> Next. Motion to approve R 2026-17
[1:06:33]
granting approval of Walmart located at
21101 Blair Road for the placement of 29
[1:06:38]
portable storage units for the storage
of their holiday inventory from October
[1:06:43]
1st through December 31st. We have a
second motion. We have a second. Uh any
[1:06:50]
discussion? This is something they've
done every year. They need the room. Uh
[1:06:54]
we want them to have the room. Uh
usually our almost always our fire chief
[1:06:59]
will go through to make sure the place
where they should uh there any questions
[1:07:04]
from the board on this? Only questions
from the public? No. Okay. Uh all in
[1:07:11]
favor say I.
>> I.
[1:07:12]
» Against. Okay. Motion passes.
Uh next will be public health and safety
[1:07:19]
committee.
[1:07:35]
Okay. The committee recommends the board
of commissioners take action on the
[1:07:40]
following. First, a motion to approve
resolution R26 2026-14
[1:07:47]
granting police officer Brian Re and
honorable discharge from Upper Morland
[1:07:53]
Township Police Department effective
June 12th, 2026.
[1:07:58]
» Okay. Uh we have a motion and a second.
>> And we have a second. Any discussion
[1:08:03]
from the board? Any discussion from the
public? I would just like to uh offer uh
[1:08:10]
officer Brian Rams the best of of luck
and uh good good health and happiness in
[1:08:15]
his future.
[1:08:19]
» Thank you. All in favor say I.
>> I.
[1:08:22]
» Against. Motion passes.
[1:08:27]
» Motion to authorize advertisement of an
ordinance amending the parking
[1:08:31]
restrictions on Center Avenue. Please,
Commissioner, I'd like to uh ask that
[1:08:37]
the board amend this motion. Uh we do
not need to have an ordinance change to
[1:08:43]
amend the parking. Uh found out today or
I misunderstood previously that we can
[1:08:49]
do a temporary no parking along Center
Avenue for the section behind the
[1:08:53]
Township building where construction
vehicles are entering. So, I'd like to
[1:08:57]
change if the board is so interested,
someone can make a motion to um
[1:09:01]
authorize us to post that section of
Center Avenue from the library entrance
[1:09:07]
to um the shopping center at Route 611
as temporary no parking. It would have
[1:09:13]
an uh expiration date of November 30th
of 2027.
[1:09:20]
» Make a motion to
change it to what Pat's description was.
[1:09:25]
Do we have a second?
>> Second.
[1:09:27]
» Okay. Uh, now any questions?
>> That legal the way I said it.
[1:09:35]
» Okay.
Any anybody from the public? All in
[1:09:39]
favor say I.
>> I.
[1:09:41]
» Against. Motion passes.
>> Motion to authorize advertisement of an
[1:09:47]
ordinance restricting the use of break
retardosis.
[1:09:51]
» And this is on Blair Mill Road. And for
a little background, uh this uh use of
[1:09:56]
this is is done by trucks and it's
caused some noise and other concerns
[1:10:00]
among the neighbors and uh study was
done uh to determine uh whether this
[1:10:06]
should be um this this uh should be
restricted and we are at the point of of
[1:10:13]
u approving the restriction should this
go through.
[1:10:17]
» Okay. Uh we have a second.
Okay. Uh, any other questions from the
[1:10:22]
board? Any questions from the public?
All in favor say I.
[1:10:27]
» I.
>> Against. Motion passes.
[1:10:30]
» Motion to approve letter advocating for
district court venue change. Also for a
[1:10:36]
little background on this. Um since uh
the judge Mert has had his case load
[1:10:44]
redistributed to other courts, the
police department and others are needing
[1:10:49]
to go to three different locations uh to
participate in the cases. This has
[1:10:55]
caused some
um stress uh on the time and resources
[1:11:00]
of the department and we're requesting
that that be looked at um to uh
[1:11:07]
consolidate the location where we our
our staff would need to go to uh
[1:11:14]
participate in those cases.
>> Think we have a second.
[1:11:17]
» Second.
>> We have a motion. We have a second. Any
[1:11:19]
questions from any board members? Any
questions from the public? All in favor
[1:11:24]
say I.
>> I.
[1:11:26]
» Motion passes.
>> Motion to approve letter in support of
[1:11:30]
Upper Morland swim club.
>> And again some background on this is
[1:11:35]
that Upper Morland Swim Club has um
identified some noise concerns. And uh
[1:11:41]
we are putting forth a uh should this
motion pass, a letter uh in support of
[1:11:47]
the Pennsylvania Turnpike Commission um
to uh review putting some noise barriers
[1:11:54]
in a location along the turnpike where
there are none.
[1:11:58]
» Do we have a second?
>> Second.
[1:12:00]
» Okay. Uh any questions from any board
members? Any questions from the public?
[1:12:06]
» Yes.
>> No. I bought for a long time.
[1:12:11]
» We It has to be on the
speaker.
[1:12:16]
» That's okay.
>> That's very interesting.
[1:12:19]
» I My family or my I've been going for
years and none of my my daughters run
[1:12:24]
out. But yeah, that's a real good idea.
Putting a noise barrier there. It's 25
[1:12:29]
years overdue.
>> Thank you.
[1:12:34]
» Any other questions? All in favor say I.
I
[1:12:37]
» against motion passes.
>> Motion to approve agreement transferring
[1:12:43]
a fire truck to Abington Fire Company
number one. And this would be a firet
[1:12:48]
truck that is pasted its uh useful life
uh for our township. And we would be
[1:12:53]
allowing Abington to be using this
temporarily uh while waiting for fire
[1:12:58]
truck to arrive, a new one.
>> Okay. Uh question I'll have it chief. Is
[1:13:07]
this temporary or this is permanent
>> will ultimately be permanent but when
[1:13:13]
the new truck comes in in Abington it
will be placed at the training academy
[1:13:16]
so we jointly can use it for training
purposes.
[1:13:22]
» Uh any other questions from the board?
Any questions from the public?
[1:13:26]
» I don't think we got a second.
Do
[1:13:29]
» I have a second?
>> Susan.
[1:13:32]
» Okay.
I'm sorry.
[1:13:34]
» But uh Okay. All in favor say I.
>> I.
[1:13:37]
» Against. Motion passes.
>> Motion to authorize township manager to
[1:13:43]
seek grant funding for a crosswalk on
Turwood Road at Upper Morland High
[1:13:47]
School.
>> Do I second it before I ask for a table?
[1:13:53]
No. Okay. Uh, I'll make a motion to
table this to get more information
[1:14:00]
uh on this uh situation that what we're
looking at here for the crosswall. Uh,
[1:14:07]
so I made a motion to table it. Do I
have a second?
[1:14:10]
» Second.
>> We have a second. Any other discussion
[1:14:13]
on this? We're just looking for more
information. Uh, anybody from the
[1:14:17]
public?
>> Okay. All in favor say I. I.
[1:14:23]
against motion passes on the table.
Okay. Next will be finance
[1:14:29]
administrative committee.
>> Yes. Uh the committee recommends the
[1:14:33]
board commissioners to take action on
the following. Uh one, there being no um
[1:14:38]
recommendations for the board on
appointments or reappointments. Uh the
[1:14:42]
list of bills payable. Uh the committee
recommends the approval of the general
[1:14:47]
funds checks. Uh check beginning 148175.
Ending check number 148 uh566
[1:14:56]
uh totaling $3,27,000
$27,399.76.
[1:15:05]
Um the escro funds checks uh with check
beginning one46 and ending in one60
[1:15:12]
totaling $4,826.
And finally, the liquid fuel fund checks
[1:15:19]
uh check uh number beginning 3264,
ending in check number 3271 in the
[1:15:25]
amount of totaling $19,69962.
[1:15:31]
Do I have a second?
>> Second.
[1:15:35]
» Second. Uh any questions on any of our
checks that we build? Okay. Uh anybody
[1:15:43]
from the public? All in favor say I.
>> I.
[1:15:46]
» Opposed. Motion passes.
>> Number three, there are no no other
[1:15:51]
items. Uh number four, new business. Uh
there's a motion to approve township
[1:15:56]
building change orders.
>> Okay. Uh we have a second.
[1:16:01]
» Second.
>> Okay. All right. Just give us a real
[1:16:04]
quick on these change orders.
>> Yes. Did Allan make the motion?
[1:16:08]
» Yes.
>> Second.
[1:16:10]
» No, Susan did.
>> Okay. Sorry, I didn't catch you.
[1:16:14]
um [clears throat]
the curb work in front of the township
[1:16:17]
building and behind the township
building along Park Avenue and Center
[1:16:20]
Avenue. Curbs are in somewhat of a
disrepair. Uh some of them are 6 in,
[1:16:25]
some are 4 inch width of curbs. Uh some
are higher and some are lower. That was
[1:16:30]
not part of the original project of the
township building renovation project. We
[1:16:34]
do have new sidewalks, new parking lots,
new building, new additions. Um the
[1:16:39]
recommendation was that we correct the
curb work at the same time that we're
[1:16:43]
doing work out in the street. So this
would be ratifying that change order for
[1:16:48]
that work. We do have funds in our we
have contingency funds built into our um
[1:16:54]
project. So uh no additional funding
would be required. However, you would be
[1:17:00]
borrowing down against our um u
contingency fund.
[1:17:06]
» Okay. Uh any questions from the board?
The reason I he asked me about putting
[1:17:11]
it on here and looking at it and I asked
him to see if anybody
[1:17:17]
thought anything different other ways.
The reason is we are tearing the street
[1:17:22]
up and the
if we don't got to tear the street or
[1:17:28]
the sidewalks, everything will be new to
replace this at a later date. Since it's
[1:17:34]
all being done now, I felt it would be
the a good time to do it. Make the whole
[1:17:39]
project, our whole property look good,
uh while they're there, and it's cheaper
[1:17:45]
to do it while they're there. Any other
discussion from the board?
[1:17:50]
Any discussion from the public? All in
favor say I.
[1:17:54]
» I.
>> Against.
[1:17:56]
» Motion passes.
>> Uh B. A motion to approve a waiver for
[1:18:00]
electric permit fee for Upper Morland
Apparo Joint Sewer Authority. Do
[1:18:05]
» you hear a second?
>> Second.
[1:18:07]
» Okay. Uh with this in the past that
basically they're a township entity. Uh
[1:18:13]
it's township that is paying for it. Uh
why would we make them pay for it? Then
[1:18:21]
the taxpayers going to pay us for it for
them to raise their taxes to pay for it.
[1:18:24]
So, anything that's internal to the
township uh we usually have waved them
[1:18:30]
in the past with that. Anything else uh
from the board? Any questions?
[1:18:38]
» Okay. Any questions from the public? All
in favor say I.
[1:18:42]
» I.
>> Motion passes. Uh let's see. Uh motion
[1:18:47]
to approve tax assessment appeal between
the township school district of Upper
[1:18:52]
Morland and the taxpayer.
um as as written uh on on 2300 Eastn
[1:19:00]
Road.
>> Okay. Uh do we have a second?
[1:19:03]
» Second.
>> Okay. Uh usually with the school
[1:19:05]
district uh you just follow in line with
uh their assessments. Uh anything else
[1:19:11]
from the board on this questions?
Anything from the public? All in favor
[1:19:15]
say I. I.
>> Against. Motion passes.
[1:19:19]
» Next is Parks and Recreation Committee.
The committee has no business this
[1:19:23]
evening.
>> Okay, with that uh this committee will
[1:19:28]
or this board will be m meeting in
executive session after this meeting uh
[1:19:33]
directly and also
I am correct by all committee people
[1:19:38]
that we will have no committees meetings
in August.
[1:19:42]
» Any executive sessions about personnel?
Any other subjects? Uh it is about
[1:19:48]
personnel and legal matters.
[1:19:54]
» Okay. Uh any other commissioner
comments?
[1:19:59]
Okay.