July 13, 2011

It’s not over yet, but it could be in a few weeks.

The “it” in question is the zoning flap between the Unionville-Chadds Ford School District and East Marlborough Township.

A hearing over the height of the renovated Unionville High School auditorium began in May, but was continued to July 7. It was continued again to Aug. 1, but this time there is a proposal on the table that could have the township granting a variance for the building.

“We’ve reached an amicable and reasonable agreement as to the facts,” said Kathleen Boyer, the attorney representing the School District in the proceedings. “We believe we are certainly entitled to a variance…this will be a satisfactory resolution.”

As previously reported, the auditorium is close to 60 feet tall, but township code limits the height of structures to 35 feet.

Boyer said the stipulation of facts reached between the two parties is not for a variance for use, but of dimensions.

“That’s an easier standard to meet,” she said after the 30-minute session. “We would have to show that if we didn’t have the variance we wouldn’t be able to use the property for its intended use, as the high school auditorium. It really does need to be that high.”

Boyer added that it’s a “relatively minor variance.”

“It’s the least modification that’s necessary to allow us to build the auditorium the way it needs to be built…requiring strict conformity would be unreasonable under these circumstances. There is no other structure in the township that could accommodate a high school auditorium.”

Zoning Board member John Laffey said he wanted to see plans for firefighting before he would approve the variance.

“I want to see something concrete from the district regarding fire,” he said.

Boyer responded by saying she would get those answers in writing.

She said after the meeting that the building has the necessary sprinkler system and that there are first responding fire companies that have ladder equipment capable of reaching the top of the auditorium.

Longwood and Kennett Fire companies have 75-foot ladder trucks.

Township Solicitor Fronefield Crawford agreed with the stipulation and told the board it should lead to the variance being granted.

“The elements of variance are satisfied,” said Crawford.

The hearing is scheduled to continue Monday, Aug. 1 at 6:30 p.m.—prior to the regular supervisors’ meeting—after the board has had the opportunity to review the stipulation of facts and the answers to the questions of fighting fires.

East Marlborough cited the district over the height of the building in March. The district said plans, with elevations, were presented to East Marlborough during a 2008 public hearing.

“From this point on, it was clear that the project would include a large auditorium that would be considerably higher than the rest of the building (58 feet at its highest portion, measured in accordance with the definition of ‘Height of Buildings or Structures’ contained in Section 202 of the ordinance),” the district said in a 16-page document.

The zoning board gave approval for the project in February 2009.

The high school renovation project has been controversial even before work crews moved in. Twice voters rejected referendums to increase taxes for the project. The district was able to get the job started by finding ways to generate the needed money without raising taxes beyond the Act 1 limits.

Even though Concord Township ruled against Costco in a conditional use hearing last year, the discount club store still wants to build in the township. That was the word from attorney Mark Kaplan who is representing the developer of the property along Evergreen Drive.

The site is to the north of the Crozer medical facilities in Brinton Lake.

Concord denied the application last year because of a disagreement over the dedication of Evergreen Drive and because Costco wanted to include a gas station within the proposed parking area.

Costco has appealed the denial, but a court date has not yet been set.

Kaplan told supervisors during the July 12 board meeting that Costco is willing to dedicate Evergreen Drive as a loop road—linking Baltimore Pike and Conchester Road—and would improve Conchester, but it still wants a gas station, though it has moved the proposed location out of the parking area.

He said that without the gas station, Costco would walk away from negotiations. He added, though, that a big box store—140,000 to 150,000 square feet—would still go in, though he didn’t say which that would be.

“Costco insists on a gas station or it’s not coming,” Kaplan said. Even if not Costco, “There will be a big box user” in that location.

A number of residents from both Concord and adjoining Thornbury Township expressed concerns about traffic, specifically on Conchester and nearby Aldan, Mill and Thornton roads.

Concord Township solicitor Hugh Donaghue weighed the situation: “They’ve come back with some improvements… If Costco pulled out someone else would come in. We have no idea who that might be. We’d have to take our chances.”

He added that Costco’s willingness to improve Conchester Road is a benefit to the township and that if “Costco wants gas, that gives us leverage.”

“The loop road and gas are the two issues. If they’re off the table, the township is not in the same negotiating position,” said Donaghue.

Kaplan’s presentation was preliminary only. He told the board he wanted the go ahead to take the plans to the Planning Commission, but the board, with two people on vacation, made no decision.

Other business

Ginny DeNenno of the Historical Society said Pennsylvania’s Civil War Road Show is expected to come to the Township in August. She said the show would be at Garnet Valley Middle School from Aug. 12-14.