Concerns popping up about beer garden in borough

Complaints about The Creamery, a pop-up beer garden in Kennett Square, dominated the public comment section of Borough Council’s meeting on Tuesday, July 5.

Kennett Square Mayor Matt Fetick (right) swears in Jacob Andress, a new borough police officer as Borough Councilman Wayne Braffman (from left) and Ethan Cramer watch.
Kennett Square Mayor Matt Fetick (right) swears in Jacob Andress, a new borough police officer, as Borough Councilman Ethan Cramer (from left) and Jamie Mallon watch.

The Creamery, which opened in June with a temporary-use permit, repurposed the former Eastern Condensed Milk Company at 401 Birch Street. It has been attracting admiring crowds to its mainly outdoor entertainment space, which features beer and wine, live music, food trucks, gardens and game space for families and children.

Resident Charla Watson suggested that adding another drinking establishment does not serve the community. “We don’t deserve to have that overcrowding and riff-raff,” she said. “We have had it up to here in this town with alcohol.”

Ken Edwards questioned whether the fact that patrons are not permitted on the premises unless they sign in electronically violates the law. He also said he saw live wires exposed and children running around, which raised safety concerns. Finally, he said the concept of a “pop-up” typically refers to a venue that appears for a short time, not several days a week for several months.

Tracy Martin echoed some of Edwards’ remarks. She said the rear of the building is readily accessible to straying children, who could quickly wander into construction debris or nearby railroad tracks. “The parking there is atrocious,” she said, adding that she’s had to call the police because of illegal parking that poses a danger by reducing drivers’ sight lines.

Martin also expressed concern about the concept. “I’m a bit confused about what pop-up really means,” she said.

In other business, Kennett Square Mayor Matt Fetick exercised what he called one of his favorite duties: swearing in a new police officer. Fetick welcomed Jacob Andress, who resigned from the West Chester University Police Department to join the borough’s force. Andress, an Oxford native, is also a member of the National Guard. Fetick said Andress graduated in December from the Delaware County Community College’s Municipal Police Academy and also holds an associate’s degree in fine woodworking.

Borough Council voted on three ordinance amendments. A change to eliminate conditional use hearings for properties in the Historic District Overlay and a change to require zoning approval before subdivision approval were viewed as improving efficiency and passed unanimously. An amendment to prevent park and recreation fees from being used for maintenance stirred some debate.

Borough Councilman Ethan Cramer said the amendment was needed to comply with the spirit of the law, which was to use the funds a developer paid the borough in lieu of providing additional open space to make park and recreation improvements elsewhere. Maintenance should be budgeted in the general fund, he said.

But Council President Danilo P. Maffei pointed out that some of those improvements, such as the planting of trees, require extra care for several years, a cost that the fee should subsidize. Commenting that he felt “both sides made good points,” Councilman Geoffrey Bosley joined Cramer, Wayne Braffman, and LaToya Myers in passing the amendment 4-3.

Council unanimously approved a special-event application for the Mushroom Festival Parade and Dining and Dancing on State for Friday, Sept. 9, and the 31st Annual Mushroom Festival on Saturday, Sept. 10, and Sunday, Sept. 11. Organizer Kathi Lafferty said the only change this year would be the added closure of a small section of Juniper Street.

After 10 minutes of discussion, Mayor Matt Fetick had to break a tie vote on whether developer Kennett Square Realty LP should replace the sidewalk in front of Victory at Magnolia Place or whether the developer, a Pia family business, should give the estimated cost – $2,700 – to the borough for use on another sidewalk project.

Borough Manager Joseph Scalise explained that the sidewalk did not conform to borough specifications but was installed before borough officials realized that. Citing a business conflict, Maffei recused himself, and Council members Cramer, Jamie Mallon and Myers voted to require the developer to fix the mistake. Myers suggested council should not set a precedent of permitting a developer to ignore requirements.

Breaking the deadlock, Fetick agreed with Councilmen Bosley, Braffman and Doug Doerfler. Fetick pointed out that the developer still has to pay for the error. “Do you punish them and lose $2,700?” he asked.

At the end of the meeting, Braffman returned to The Creamery topic, telling residents that he understood their complaints, having seen some problems first-hand. He said the venture represented a potential, positive way to reuse a vacant structure and stimulate other development in the process.

“For that reason, we have to get it right,” he said.

Braffman reminded the residents that the borough issued a six-month permit, a time period that would give both council and the developer time to evaluate the operation before deciding whether to end it or make it permanent.

“We have to make sure it’s safe,” Braffman said. “It’s incumbent on all of us to get it right.”

 

 

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