TOWNSHIP of LOWER MERION Building and Planning Committee

TOWNSHIP OF LOWER MERION

BUILDING AND PLANNING Wednesday, October 14, 2020 COMMITTEE 6:45 PM (Approximately)

Chairperson: Joshua L. Grimes,Todd M. Sinai Vice Chairperson: Sean P. Whalen

AGENDA

1. AUTHORIZATION TO RELEASE FUNDS IN ESCROW

2. DECISION ON APPEAL OF ORDER TO REMOVE BAMBOO - 1125 W. Montgomery Avenue, Bryn Mawr, Ward 6

3. CERTIFIED LOCAL GOVERNMENT (CLG) GRANT - Belmont Hills Community Center Feasibility Study

4. WAIVER OF LAND DEVELOPMENT PLAN - 42 St. James Place, Suburban Square, Ardmore, Ward 5, LD# W-20-001.

5. PRELIMINARY LAND DEVELOPMENT PLAN - 27 W. City Avenue, Bala Cynwyd, Ward 9, LD# 3853

6. SECOND STAGE PLAN – 424 Devereux Drive, Villanova, Ward 6, LD# 3222L5

7. REQUEST TO AMEND A CONDITION OF APPROVAL - 250 Haverford Road, Wynnewood, Penn Wynne Elementary School

8. HISTORICAL COMMISSION - 601 North Ithan Avenue, Bryn Mawr, Beaumont, Class 2, 2020-R-26

9. HISTORICAL COMMISSION - 541 Oriole Lane, Villanova, Briar Crest, Class 2, 2020-R- 23

10. HISTORICAL COMMISSION - 1333 Youngsford Road, Gladwyne, Class 1, 2020-R-24

11. HISTORICAL COMMISSION - 50 Lapsley Lane, Merion Station, Barnes Foundation, Class 1, 2020-R-25

12. CERTIFICATE OF APPROPRIATENESS - 414 Berkley Road, Haverford, Haverford Station Historic District, 20-18

13. CERTIFICATE OF APPROPRIATENESS - 607 Loves Lane, Wynnewood, English Village Historic District, 20-17

1 2 AGENDA ITEM INFORMATION

ITEM: AUTHORIZATION TO RELEASE FUNDS IN ESCROW

Consider for recommendation to the Board of Commissioners approval the release of funds held in escrow as Improvement Guarantees in accordance with §135-5 of the Township Code for the following:

Haverford Square Development 379-385 W, Lancaster Avenue Escrow Release No. 3 (Final) Amount: $13,068.00

Palmer Phase 2 18 Lancaster Avenue Escrow Release No. 4 Amount: $52,610.00

6 Lancaster Avenue Escrow Release No. 7 Amount: $42,155.00 PUBLIC COMMENT ATTACHMENTS: Description Type Supplemental Information Backup Material

TOWNSHIP TOWNSHIP ENGINEER

OF 75 E. Lancaster Avenue Ardmore, PA 19003 2376 LOWER MERION Telephone: (610) 645-6200 www.lowermerion.org MONTGOMERY COUNTY

LOWM 233.38 October 5. 2020

Christopher Leswing, Director of Building and Planning Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003

Re: Haverford Square Development Escrow Release #3 (Final)

Dear Mr. Leswing:

We have received a request for release of escrow for the above-referenced permit. Based upon our field observations and discussions with Township staff, we recommend a release as follows:

Item Total Amount This Total Amount to Amount Release Released Remain

A. Site Preparation 1. Construction Fence $2,000.00 $ 0.00 $2,000.00 $ 0.00 2. Demolition/Stake Out 14,000.00 0.00 14,000.00 0.00 Subtotal A $16,000.00 $ 0.00 $16,000.00 $ 0.00

B. Erosion and Sediment Control 3. Grading & Stabilization $1,000.00 $ 0.00 $1,000.00 $ 0.00 4. Construction Entrance 1,250.00 0.00 1,250.00 0.00 5. Inlet Protection 500.00 0.00 500.00 0.00 Subtotal B $2,750.00 $ 0.00 $2,750.00 $ 0.00

C. Site Construction 6. Concrete Curb $11,400.00 $ 0.00 $11,400.00 $ 0.00 7. Paving (5” 2A Stone, 5” BCBC, 31,450.00 0.00 31,450.00 0.00 2” ID 2 Wearing Course) Subtotal C $42,850.00 $ 0.00 $42,850.00 $ 0.00

D. Stormwater Management 8. 6” DIP $6,400.00 $ 0.00 $6,400.00 $ 0.00 9. 6” HDPE 2,070.00 0.00 2,070.00 0.00 10. 8” HDPE 800.00 0.00 800.00 0.00 11. 23” x 14” RCP 9,000.00 0.00 9,000.00 0.00 12. Connection to Existing Inlet 1,000.00 0.00 1,000.00 0.00 13. Storm Manholes 2,500.00 0.00 2,500.00 0.00

4 LOWM 233.38 October 5, 2020

Item Total Amount This Total Amount to Amount Release Released Remain 14. Type M Inlets 3,000.00 0.00 3,000.00 0.00 15. Sediment Trap 1,000.00 0.00 1,000.00 0.00 16. Stormwater System 10,000.00 0.00 10,000.00 0.00 Subtotal D $35,770.00 $ 0.00 $35,770.00 $ 0.00

E. Miscellaneous 17. Road Control Monuments $800.00 $800.00 $800.00 $0.00 18. Pavement Markings 3,500.00 0.00 3,500.00 0.00 19. Lighting 12,000.00 0.00 12,000.00 0.00 20. Traffic Control Signs 3,000.00 0.00 3,000.00 0.00 21. As-Built Plan 2,500.00 2,500.00 2,500.00 0.00 Subtotal E $21,800.00 $3,300.00 $21,800.00 $0.00

F. Landscaping 22. Landscaping $7,500.00 $7,500.00 $7,500.00 $0.00 Subtotal F $7,500.00 $7,500.00 $7,500.00 $0.00

Subtotal A thru F $126,670.00 $10,800.00 $126,670.00 $0.00 Engineering & Contingencies 12,667.00 1,080.00 12,667.00 0.00 Total Cost of Improvements $139,337.00 $11,880.00 $139,337.00 $0.00 Plus 10% 13,933.00 1,188.00 13,933.00 0.00

110% of the Cost of Improvements per $153,270.00 $13,068.00 $153,270.00 $0.00 Section 509 of the Municipal Code

Release to Developer $13,068.00 Balance of Funds in Escrow Account $0.00

We recommend a release of escrow in the amount of $13,068.00. As there is currently a balance of $13,068.00, following this release of $13,068.00, the balance remaining is $0.00 and the account will be closed.

Two Declarations of Completion are attached and must be signed and dated by the Township Manager following authorization of the Board of Commissioners.

Please advise if we may be of further assistance in this matter.

Very truly yours,

Kevin J. Bowers, P.E. PENNONI ASSOCIATES Township Engineer

cc: Robert Duncan, Assistant Township Manager Havdeco Partners, LP, 595 East Lancaster Avenue, Suite 203, St. Davids, PA 19087

TOWNSHIP TOWNSHIP ENGINEER

OF 75 E. Lancaster Avenue Ardmore, PA 19003 2376 LOWER MERION Telephone: (610) 645-6200 www.lowermerion.org MONTGOMERY COUNTY

LOWM 244.23 October 5, 2020

Christopher Leswing, Director of Building and Planning Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003

Re: 18 Lancaster Avenue Palmer Phase 2 Escrow Release No. 4

Dear Mr. Leswing:

We have received a request for release to escrow for the above referenced permit. Based on our field investigations and discussions with township staff, we recommend release as follows:

Amount This Total Amount to Item Total Amount Release Released Remain A. Site Preparation 1. Curb and Paving Removal $5,000.00 $0.00 $5,000.00 $0.00 2. Sidewalk Removal 6,000.00 0.00 6,000.00 0.00 Subtotal A $11,000.00 $0.00 $11,000.00 $0.00

B. Erosion and Sediment Control 3. Construction Entrance $2,200.00 $0.00 $2,200.00 $0.00 4. Tree Protection 8,750.00 0.00 8,750.00 0.00 5. 24” Silt Sock 14,000.00 0.00 14,000.00 0.00 6. 32” Silt Sock 1,200.00 0.00 1,200.00 0.00 7. Inlet Protection 3,000.00 0.00 3,000.00 0.00 8. Erosion Control Netting 25,000.00 0.00 25,000.00 0.00 9. Temporary Basin & Outlet Structure 3,000.00 0.00 3,000.00 0.00 10. Diversion Berms 7,500.00 0.00 7,500.00 0.00 11. Final Grading & Stabilization 10,000.00 0.00 10,000.00 0.00 Subtotal B $74,650.00 $0.00 $74,650.00 $0.00

C. Site Construction 12. Paving (Stone, BCBC, Wearing) $49,500.00 $0.00 $49,500.00 $0.00 13. Sidewalk – Lancaster 29,250.00 0.00 29,250.00 0.00 14. Sidewalk – Site 9,000.00 0.00 9,000.00 0.00 15. Concrete Curb 45,000.00 0.00 45,000.00 0.00 16. Roadway Restoration 2,500.00 0.00 2,500.00 0.00 Subtotal C $135,250.00 $0.00 $135,250.00 $0.00

6 LOWM 244.23 October 5, 2020

Amount This Total Amount to Item Total Amount Release Released Remain D. Stormwater Management 17. 8” PVC Pipe $15,000.00 0.00 $15,000.00 0.00 18. 12” HDPE Pipe 4,900.00 0.00 4,900.00 0.00 19. 15” HDPE Pipe 11,375.00 0.00 11,375.00 0.00 20. 24” HDPE Pipe 3,200.00 0.00 3,200.00 0.00 21. 2’ x 2’ Inlets 9,000.00 0.00 9,000.00 0.00 22. Type C Inlets 10,000.00 0.00 10,000.00 0.00 23. Type M Inlets 6,000.00 0.00 6,000.00 0.00 24. Connection to Existing Storm Pipe 1,000.00 0.00 1,000.00 0.00 25. Stormwater System & Outlet Structure 68,500.00 0.00 68,500.00 0.00 26. Level Spreader 2,000.00 0.00 2,000.00 0.00 27. Yard Drain 750.00 0.00 750.00 0.00 28. Raingarden 5,000.00 0.00 0.00 5,000.00 Subtotal D $136,725.00 $0.00 $131,725.00 $5,000.00

E. Sanitary Sewer 29. 8” PVC Pipe $7,200.00 $0.00 $7,200.00 $0.00 30. Manholes 9,000.00 0.00 9,000.00 0.00 31. Video Existing Line/Certify for Reuse 1,500.00 0.00 1,500.00 0.00 32. Air Test 1,000.00 0.00 1,000.00 0.00 33. As-Built Plan 1,500.00 0.00 0.00 1,500.00 Subtotal E $20,200.00 $0.00 $18,700.00 $1,500.00

F. Miscellaneous 34. Lighting/Glare Control $17,500.00 $0.00 $17,500.00 $0.00 35. Traffic Control Signs 1,000.00 0.00 1,000.00 0.00 36. Pavement Marking 1,500.00 0.00 1,500.00 0.00 37. Post Development Traffic Study 3,000.00 3,000.00 3,000.00 0.00 38. Maintenance/Protection of Traffic 1,000.00 0.00 1,000.00 0.00 39. Fencing 10,000.00 0.00 10,000.00 0.00 40. Bus Shelter 15,000.00 0.00 15,000.00 0.00 41. Bike Racks 2,500.00 0.00 2,500.00 0.00 Subtotal F $51,500.00 $3,000.00 $51,500.00 $0.00

G. Landscaping 42. Landscaping/Vine Removal/Replant $50,000.00 $38,000.00 $38,000.00 $12,000.00 Subtotal G $50,000.00 $38,000.00 $38,000.00 $12,000.00

SUBTOTAL (A - G) $479,325.00 $41,000.00 $460,825.00 $18,500.00 Engineering & Contingencies 47,930.00 4,100.00 46,083.00 1,847.00 TOTAL $527,255.00 $45,100.00 $506,908.00 $20,347.00 Plus 10% 52,725.00 4,510.00 50,691.00 2,034.00 110% Cost of Improvements per

7 LOWM 244.23 October 5, 2020

Section 509 of the Municipal Code $579,980.00 $49,610.00 $557,599.00 $22,381.00 Release of Retainage 3,000.00 (15,000.00) 15,000.00 Total $52,610.00 $542,599.00 $37,381.00

Release to Developer $52,610.00

Balance of Funds in Escrow Account $37,381.00

We recommend a release of escrow in the amount of $52,610.00. As there is currently a balance of $89,991.00, following this release of $52,610.00, the balance remaining in the account will be $37,381.00.

Two Declarations of Completion are attached and must be signed and dated by the Township Manager following authorization of the Board of Commissioners.

Please advise if we may be of further assistance in this matter.

Very truly yours,

Kevin J. Bowers, P.E. PENNONI ASSOCIATES Township Engineer

KJB/ace

cc: Robert E. Duncan, Assistant Township Manager CP Acquisitions 35, LLC, 18 East Lancaster Avenue, Wynnewood, PA 19096

TOWNSHIP TOWNSHIP ENGINEER

OF 75 E. Lancaster Avenue Ardmore, PA 19003 2376 LOWER MERION Telephone: (610) 645-6200 www.lowermerion.org MONTGOMERY COUNTY

LOWM 244.23 September 11, 2020

Christopher Leswing, Director of Building and Planning Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003

Re: 6 Lancaster Avenue Escrow Release No. 7

Dear Mr. Leswing:

We have received a request for release to escrow for the above referenced permit. Based on our field investigations, we recommend release as follows:

Total Amount This Total Amount to Item Amount Release Released Remain A. Site Preparation 1 Demolition $7,500.00 $0.00 $7,500.00 $0.00 2 Clearing and Grubbing 1,000.00 0.00 1,000.00 0.00 Subtotal A $8,500.00 $0.00 $8,500.00 $0.00 B. Erosion & Sediment Control 3 Tree Protection Fence $2,850.00 $0.00 $2,850.00 $0.00 4 Silt Fence - 18" 2,850.00 0.00 2,850.00 0.00 5 Silt Fence – Super 2,600.00 0.00 2,600.00 0.00 6 Rock Construction Entrance 1,100.00 0.00 1,100.00 0.00 7 Inlet Protection 3,900.00 0.00 3,900.00 0.00 8 Temporary Stabilization 1,000.00 0.00 1,000.00 0.00 9 Erosion Control Matting 1,500.00 0.00 1,500.00 0.00 10 Final Grading & Stabilization 7,500.00 0.00 7,500.00 0.00 Subtotal B $23,300.00 $0.00 $23,300.00 $0.00 C. Stormwater Management 11 4” PVC $2,196.00 $0.00 $2,196.00 $0.00 12 8" PVC 4,040.00 0.00 4,040.00 0.00 13 2’ x 2’ Inlets 9,000.00 0.00 9,000.00 0.00 14 Connection to Existing System 1,500.00 0.00 1,500.00 0.00 15 Rain Garden A 6,400.00 0.00 6,400.00 0.00 16 Rain Garden B 14,200.00 0.00 14,200.00 0.00 17 Rain Garden C 13,700.00 0.00 13,700.00 0.00 18 Level Spreader 1,500.00 0.00 1,500.00 0.00 19 Flared End Section 300.00 0.00 300.00 0.00 Subtotal C $52,836.00 $0.00 $52,836.00 $0.00

9 LOWM 0244.23 September 11, 2020

Total Amount This Total Amount to Item Amount Release Released Remain D. Miscellaneous 20 Concrete Sidewalk $2,000.00 $0.00 $2,000.00 $0.00 21 Upright Curb 1,000.00 0.00 1,000.00 0.00 22 Estate Fencing 28,500.00 0.00 28,500.00 0.00 23 Road Monuments 3,300.00 0.00 3,300.00 0.00 24 Traffic Signs 500.00 0.00 500.00 0.00 25 Pavement Markings 1,000.00 0.00 1,000.00 0.00 26 Post Developed Traffic Study 3,000.00 3,000.00 3,000.00 0.00 Subtotal D $39,300.00 $3,000.00 $39,300.00 $0.00

E. Landscaping 27 Landscaping/Tree Guarantee $83,000.00 $17,000.00 $75,000.00 $8,000.00 28 Tree Trimming in R.O.W. 2,500.00 0.00 2,500.00 0.00 Subtotal E $85,500.00 $17,000.00 $77,500.00 $8,000.00

SUBTOTAL (A - E) $209,436.00 $20,000.00 $201,436.00 $8,000.00 Engineering & Contingencies 20,944.00 2,000.00 $20,144.00 800.00 TOTAL $230,380.00 $22,000.00 $221,580.00 $8,800.00 Plus 10% 23,038.00 2,200.00 $22,158.00 880.00 Total $253,418.00 $24,200.00 $243,738.00 $9,680.00

Release of Retainage 17,955.00 (4,000.00) 4,000.00 Total $42,155.00 $239,738.00 $13,680.00

Release to Developer $42,155.00

Balance to Remain in Escrow Account $13,680.00

We recommend a release of escrow in the amount of $42,155.00. As there is currently a balance of $55,835.00, following this release of $42,155.00, the balance remaining in the account will be $13,860.00.

Two Declarations of Completion are attached and must be signed and dated by the Township Manager following authorization of the Board of Commissioners.

Please advise if we may be of further assistance in this matter.

Very truly yours,

Kevin J. Bowers, P.E. PENNONI ASSOCIATES Township Engineer cc: Robert E. Duncan, Assistant Township Manager 6E Lancaster Avenue, LLC, 1818 Market Street, Suite 2920, Philadelphia, PA 19103

10 AGENDA ITEM INFORMATION

ITEM: DECISION ON APPEAL OF ORDER TO REMOVE BAMBOO - 1125 W. Montgomery Avenue, Bryn Mawr, Ward 6

Consider for recommendation to the Board of Commissioners whether to waive compliance with §59.2.E of the Township Code that an impenetrable barrier be installed at least twenty feet from the common property line and that all bamboo between the property line and the barrier be removed by the property owner at 1125 West Montgomery Avenue, Bryn Mawr subject to the Findings and Order as drafted. PUBLIC COMMENT ATTACHMENTS: Description Type Issue Briefing - Bamboo Appeal - 1125 W Montgomery Ave Issue Briefing Findings of Fact, Discussion & Order - Bamboo Appeal - 1125 W Backup Material Montgomery Ave

11 TOWNSHIP OF LOWER MERION

Building & Planning Committee

Issue Briefing

Topic: Bamboo Appeal - 1125 W. Montgomery Avenue

Prepared by: Robert Duncan, Assistant Township Manager

Date: October 7, 2020

I. Action To Be Considered By The Board:

Consider whether to waive compliance with §59.2.E of the Township Code that an impenetrable barrier be installed at least twenty feet from the common property line and that all bamboo between the property line and the barrier be removed by the property owner at 1125 West Montgomery Avenue, Bryn Mawr subject to the Findings and Order as drafted.

II. Why This Issue Requires Board Consideration:

Appeals from bamboo violation notices must come before the Building & Planning Committee and Board of Commissioners for final action. The Board has established a sub-committee to hear this bamboo appeal and make a recommendation to the Board of Commissioners.

III. Current Policy Or Practice (If Applicable):

See above

IV. Other Relevant Background Information:

The property owner at 1125 West Montgomery Avenue, Bryn Mawr has appealed staff’s order and violation notice to remove bamboo within 20’ of his property line and the bamboo that has trespassed on the neighbor’s property. The Issues Briefing prepared for the Committee appointed to hear this appeal is included as an attachment to this Issue Briefing to provide the Board with some additional background material. The proposed Findings and recommended Order along with the recommended covenant is also included with this Issue Briefing.

Two members of the Committee support the Findings and Order as drafted. The third member of the committee has requested that the removal of bamboo on the adjacent Roberts Road property owned by Mr. and Mrs. Davis continue to be the responsibility of the property owner at 1125 Montgomery Avenue if bamboo continues to grow on this property in the future.

V. Impact on Township Finances:

If the bamboo is removed from the property as proposed in the agreement and recommended Findings and Order, this would have no impact on Township finances.

VI. Staff Recommendation

Staff supports the Findings and recommended Order as drafted. 12 TOWNSHIP OF LOWER MERION

Building & Planning Committee

Issue Briefing

Topic: Bamboo Appeal

Prepared by: Robert Duncan, Assistant Township Manager

Date: September 11, 2020

I. Action To Be Considered By The Board:

II. Why This Issue Requires Board Consideration:

Appeals from bamboo violation notices must come before the Building & Planning Committee and Board of Commissioners for final action. The Board has established a sub-committee to hear bamboo appeals and make a recommendation to the Board of Commissioners.

III. Current Policy Or Practice (If Applicable):

See above

IV. Other Relevant Background Information:

The Township received a complaint about bamboo growing from the property at 1125 West Montgomery Avenue onto an abutting property at 114 North Roberts Road. The Roberts Road property owner has issued the required notice to the property owner at 1125 Montgomery Ave requesting them to bring the bamboo into compliance with the code.

After no action was taken by the 1125 Montgomery Avenue property owner, a violation notice was issued by staff to the property owner ordering them to remove the bamboo within 20’ of the property line and removal of any bamboo that has grown onto the adjacent property. The property owner has removed some of the bamboo along a rear section of the property but has not removed bamboo from the remaining section of property within 20 feet of the 114 North Roberts Road property line.

The property owner has agreed to remove the bamboo from the rear corner of the property but has not been willing to remove the bamboo from the balance of this property border because the bamboo has grown into a large section of existing pine trees. If the bamboo that has grown above grade and the bamboo below grade root system is removed in this area, the owner is concerned that the excavation work

13 required to remove the bamboo root system and install the required barrier would also kill the row of large pine trees. Staff is in agreement that this degree of excavation to remove the bamboo root system would also likely kill the pine trees.

The property owner has agreed to cut down the bamboo in this area to just above grade and install a barrier at the property line to attempt to preserve the pine trees and prohibit further spread of the bamboo onto the Roberts Road property. Staff has met with both property owners to attempt to bring forward a waiver request with both property owners in agreement on a plan to resolve the bamboo spread that would allow the bamboo barrier to be installed just inside the 1125 Montgomery Ave property line with a requirement to maintain the bamboo within 20 feet of the property line at a maximum height of two feet. At the time this memo was prepared, there is no agreement in place but we continue to hope to have an agreement prior to the public hearing.

If there is an agreement prior to the hearing, it will require the Board to waive the provision in the code that requires the barrier to be installed 20’ from the property line.

A copy of Chapter 59 is included with this Issue Briefing.

V. Impact on Township Finances:

This would have no impact on Township finances unless the property owner fails to remove the bamboo and the Township decides to perform this work and lien the property for all costs incurred to remove the bamboo. These costs would eventually be reimbursed to the Township but may not occur until the property is sold.

VI. Staff Recommendation

Staff supported the agreement an waiver request to allow the barrier to be planted just inside the property line with a condition that all bamboo within 20’ of the property line be maintained at a height no greater than two foot above grade to avoid further spread of the bamboo. If an agreement can’t be worked out, the Board of Commissioners will have to decide whether they will grant a waiver to allow the barrier to be installed just inside the property line or deny the waiver and require the bamboo to be removed in compliance with the code standards.

14 § 59-1 Declaration of objectionable and poisonous vegetation as health hazard and nuisance. [Amended 5-18-2016 by Ord. No. 4083; 3-20-2019 by Ord. No. 4161]

A. By reason of the danger they pose to public health, safety, or the ecology of the Township, the following plants or conditions are hereby declared to be nuisances:

(1) Any plant that encroaches onto a roadway or sidewalk to an extent that it obstructs the vision of pedestrians or motorists, constitutes a tripping hazard for pedestrians, or otherwise interferes with safe travel by pedestrians or motor vehicles.

******** (3) Bamboo, meaning any monopodial (running), tropical or semitropical grass from the genus Bambusa, including but not limited to Bambusa, Phyllostachys, and Pseudosasa; including Bambusa vulgaris, commonly known as "common bamboo"; Phyllostachy aurea, commonly known as "golden bamboo"; and Pseudosasa japonica, commonly known as "arrow bamboo."

********

B. Prohibited Acts.

(1) It is hereby declared to be unlawful for any landowner or occupant to propagate, allow to grow, or maintain on land within the Township any plant declared by this chapter to be a nuisance.

(2) Qualified Bamboo Exemption. Although bamboo is declared to be a nuisance plant and growing or allowing it to grow on land within the Township is prohibited, bamboo that was propagated or allowed to grow before May 18, 2016, is exempt from the prohibition and may remain on the land. This exemption does not apply, however, to any bamboo that migrates or falls onto any land owned or held by the Township, onto any roadway or sidewalk, onto the private property of another, or which is within 20 feet of the property line of a third party or a public or private right-of-way.

§ 59-2 Notice to abate violation and landowner's duty to abate. [Amended 9-21-1994 by Ord. No. 3369; 1-19-2002 by Ord. No. 3629; 5-18-2016 by Ord. No. 4083; 3-20-2019 by Ord. No. 4161]

A. The Township is hereby authorized to issue a notice of violation to any landowner upon finding that a nuisance plant is growing on that landowner's property, or has migrated onto any land owned or held by the Township, onto any roadway or sidewalk, or onto the private property of another in violation of this chapter. Such notice shall be served by regular mail, with proof of mailing, or hand delivery, or if service cannot be effected by either means, by posting the notice in a conspicuous manner on the property. The notice shall require the landowner, within 30 days of the date of the notice, to remove the nuisance plant from the property(ies), sidewalk, or roadway specified in the notice, and shall set forth the penalties for a failure to abate, including payment of the costs incurred by the Township in removing the nuisance should the landowner fail to do so.

B. A landowner may appeal a notice of violation by letter setting forth the grounds therefor and sent within 14 days of receipt or posting of the notice of violation to the Director of

15 Building and Planning. The appeal shall be heard by the Building and Planning Committee of the Board of Commissioners.

C. It shall be a valid and complete defense to a notice of violation based on the presence of bamboo on the respondent-landowner's property either that:

(1) The bamboo was growing on the property prior to May 18, 2016, and is not within 20 feet of the property line of a third party or a public or private right-of-way; or

(2) The following:

(a) The bamboo migrated from property not owned or controlled by the respondent- landowner, and either:

[1] Before receiving the notice of violation, the respondent-landowner had given written notice to the owner of the land from which the bamboo migrated of the unlawful encroachment and had demanded its removal, to no avail; or

[2] The respondent-landowner has taken steps to remove the encroaching bamboo.

D. If, after 30 days, the recipient of a notice of violation has neither abated the violation as required by the notice nor timely contested the notice of violation by the procedure prescribed herein, the Township is hereby authorized to abate the violation by removing the nuisance plants specified in the notice of violation from the property of the landowner or from any adjoining property, public or private onto which said plants have migrated. All costs incurred by the Township in abating the violation, including, but not limited to, the costs of notice, removal, restoration, and inspection, shall be the responsibility of the respondent-landowner and may be collected as provided by law, including the filing of a municipal claim.

E. If bamboo growing on a property prior to May 18, 2016, encroaches onto adjoining property, public or private, or within 20 feet of the property line of a third party or a public or private right-of-way, the respondent-landowner is hereby required to remove the encroachment and to install at least 20 feet from the property boundary an impenetrable barrier to a depth of three feet below grade to prevent the encroachment from recurring. The failure to comply with either of these requirements shall constitute a separate violation.

F. The appeal of a notice of violation shall toll the running of the thirty-day period for abating a violation until the date of a final decision.

§ 59-3 Performance of work upon noncompliance with notice. [Amended 9-21-1994 by Ord. No. 3369; 1-19-2002 by Ord. No. 3629]

In the event that the owner or occupant shall refuse or neglect to abate such health hazard or nuisance within a period of 10 days as required by such notice, the Department of Building and Planning may cause such weeds, vines, tall grasses, poison ivy, poison sumac, poison oak or other objectionable vegetation to be cut, eradicated and removed, keeping an account of the expenses of inspecting the premises, service of notice and abating the health hazard and nuisance; and all such costs and expenses shall be charged to and paid by such owner or occupant.

§ 59-4 Collection of costs.

All costs and expenses incurred by the Township in the abatement of such health hazards and nuisances shall be a lien upon the premises, and whenever a bill therefor remains unpaid for a period of 60 days after it has been rendered, the Township Solicitor shall file a municipal claim or an action of assumpsit for such costs and expenses, together with a penalty of 10%, in the manner provided by law for the collection of municipal claims.

§ 59-5 Violations and penalties. [Amended 9-21-1977 by Ord. No. 1802; 8-3-1988 by Ord. No. 3104]

Any person, firm or corporation failing to abate such health hazard or nuisance in accordance with the requirements of any notice given as provided in § 59-2 above shall, in addition to the payment of said costs and expenses, be subject to a fine or penalty not exceeding $600 for each and every offense; and whenever such person shall have been notified by the Director of Public Works by service of such notice or summons in a prosecution or in any other way that he is committing such violation of this chapter, each day that he shall continue such violation after the expiration of the aforesaid 10 days shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.

BEFORE THE BOARD OF COMMISSIONERS OF LOWER MERION TOWNSHIP

In re: Appeal of David L. and Betsy O. Rentz Property: 1125 W. Montgomery Ave. Bryn Mawr

FINDINGS OF FACT, DISCUSSION AND ORDER

On May 8, 2020 Township Code Compliance Officer Joseph Driscoll issued a Notice of

violation to David L. and Betsy O. Rentz, owners of the property at 1125 W. Montgomery

Avenue, Bryn Mawr, PA, advising that they were in violation of the Lower Merion Township

Code, Chapter 59, Brush, Grass and Weeds, Section 59-1.A.3 and Section 59.2 for maintaining

bamboo on their property which has been allowed to encroach on their neighbor’s property. On

June 5, 2020 Mr. and Mrs. Rentz, through their attorney, Philip S. Rosenzweig, Esq., filed an

appeal from the Notice of Violation. The appeal was heard by a three person panel of the

Building and Planning Committee of the Board of Commissioners meeting “virtually” on

September 22, 2020.

Mr. Rosenzweig opened the proceeding on behalf of his clients by noting that an

agreement in principal to resolve this matter had been entered into between his clients, the

Township and Richard S. and Rita E. Davis, owners of the invaded neighboring property at 114

N. Roberts Road. The panel then received background testimony on behalf of the Township

from Robert Duncan, Assistant Township Manager, and from Mr. and Mrs. Davis. Testimony

was presented on behalf of the Appellants by Mr. and Mrs. Rentz and by their counsel. At the

close of the hearing Mr. Rosenzweig was requested to present an agreed upon order

incorporating the terms of the agreement between the parties. The Panel finds it appropriate to

18 make limited Findings of Fact by way of documenting the background for its recommendation that the Order presented by counsel be accepted in substance.

FINDINGS OF FACT

1. David L. Rentz and Betsy O. Rentz are the owners of property at 1125 West

Montgomery Avenue, Bryn Mawr, having purchased the property as their residence in 2006.

2. Richard S. Davis and Rita E. Davis are the owners of property at 114 N. Roberts

Road, their property and that of the Rentzes having a common property line.

3. At the time the Rentzes purchased their property bamboo was already growing on it, having been planted by the prior owners. Over the course of time it had overtaken the area up to the common property line with 114 N. Roberts Road and had come onto the Davis property, but was generally controlled by mowing.

4. Following a complaint from the Davises, the Rentzes undertook to remediate the bamboo growth on their property and were in the process of doing so when they received the

Notice of Violation.

5. Bamboo roots have become intertwined with the roots of large, mature pine trees on the Rentz property, such that complete removal of the bamboo within twenty feet of the common property line would kill mature trees and greatly damage the privacy barrier between the properties.

6. There is no impediment to installing an impenetrable root barrier at the property line, that line being demarcated by a metal boundary fence on the Rentz property.

7. The Rentzes are willing to maintain the bamboo on their property so that it doesn’t grow above 24 inches high for a depth of 20 feet from the property line, to install an

19 impenetrable root barrier along the common property line, and to execute a covenant running with the land and enforceable by the Township imposing on them, their successors and assigns the obligation to control the height of the bamboo and to maintain the impenetrable root barrier.

8. The Davises are willing to control bamboo growth on their property emanating from root systems attributed to the bamboo on the Rentz property.

9. A representative from the Rentzes’ contractor, Sterling Landscape & Design,

Laura Hanson-Ferro, testified that the remediation proposed by the Rentzes would effectively control the further spread of bamboo onto the Davis property and would have the eventual effect of drastically controlling the growth of bamboo on the Rentz property in the 20 foot area along the common property line.

DISCUSSION

The Township, with the significant assistance of its Environmental Advisory Council, has developed over a period of years the current iteration of a codified ordinance to control bamboo infestation. The Township Code current provides as follows (emphasis supplied):

§ 59-1 Declaration of objectionable and poisonous vegetation as health hazard and nuisance.

A. By reason of the danger they pose to public health, safety, or the ecology of the Township, the following plants or conditions are hereby declared to be nuisances:

(3) Bamboo, meaning any monopodial (running), tropical or semitropical grass from the genus Bambusa, including but not limited to Bambusa, Phyllostachys, and Pseudosasa; including Bambusa vulgaris, commonly known as "common bamboo"; Phyllostachy aurea, commonly known as "golden bamboo"; and Pseudosasa japonica, commonly known as "arrow bamboo."

B. Prohibited Acts.\

(1) It is hereby declared to be unlawful for any landowner or occupant to propagate, allow to grow, or maintain on land within the Township any plant declared by this chapter to be a nuisance.

(2) Qualified Bamboo Exemption. Although bamboo is declared to be a nuisance plant and growing or allowing it to grow on land within the Township is prohibited, bamboo 3

that was propagated or allowed to grow before May 18, 2016, is exempt from the prohibition and may remain on the land. This exemption does not apply, however, to any bamboo that migrates or falls onto any land owned or held by the Township, onto any roadway or sidewalk, onto the private property of another, or which is within 20 feet of the property line of a third party or a public or private right-of- way.

§59.2 Notice to Abate Violation and Landowner’s Duty to Abate.

A. The Township is hereby authorized to issue a notice of violation to any landowner upon finding that a nuisance plant is growing on that landowner’s property, or has migrated onto any land owned or held by the Township, onto any roadway or sidewalk, or onto the private property of another in violation of this Chapter. Such notice shall be served by regular mail, with proof of mailing, or hand delivery, or if service cannot be effected by either means, by posting the notice in a conspicuous manner on the property. The notice shall require the landowner, within 30 days of the date of the notice, to remove the nuisance plant from the property(ies), sidewalk, or roadway specified in the notice, and shall set forth the penalties for a failure to abate, including payment of the costs incurred by the Township in removing the nuisance should the landowner fail to do so.

B. A landowner may appeal a notice of violation by letter setting forth the grounds therefore and sent within 14 days of receipt or posting of the notice of violation to the Director of Building and Planning. The appeal shall be heard by the Building and Planning Committee of the Board of Commissioners.

Appellant does not contest the fact that bamboo, as defined in the Code, was planted on

their property prior to their having taken ownership and has been and is growing up to and

across the common property line with 114 N. Roberts Road. Appellants are willing to remediate the bamboo growth on their side of the common property line, but request a waiver of the code requirement to construct a root barrier 20 feet back from the property line and to eradicate bamboo growth between the property line and the barrier. Appellants assert that strict

compliance with the Township Code would require the destruction of mature pine trees currently

adding to the aesthetic value of their property. Testimony from the Rentzes’ bamboo expert, in

21 consultation with John Kohler on behalf of the Davises, confirmed that the proposed remediation would effectively control the bamboo from further spreading onto the Davis property.

Appellants and the Davises have agreed in substance to the entry of the following order, which is deemed by the panel to be appropriate.

ORDER

AND NOW, this day of , 2020, David L. Rentz and

Betsy O. Rentz (“Owners”), having submitted an agreed upon order to resolve this matter, the

Board of Commissioners, finding it to be in the best interests of the Township considering the facts and circumstances of this case, hereby waives compliance with § 59.2.E of the Township

Code that an impenetrable barrier be installed at least twenty feet from the common property line and that all bamboo between the property line and the barrier be removed, and approves the following agreed upon order as the Order of the Board of Commissioners:

(1) Within 30 days from the date hereof, weather and ground conditions permitting, Owners shall dig a trench between the property known as 1125 W. Montgomery Avenue, Bryn Mawr, PA (the “Rentz Property”) and the property known as 114 N. Roberts Road, Bryn Mawr, PA (the “Adjacent Property” or the “Davis Property”) along the property line between the Rentz Property and the Adjacent Property (the “Common Property Line”), to be wholly located on the Rentz Property, which trench shall be deep enough to accommodate a thirty (30) inch impenetrable plastic root barrier constructed of a material previously provided to both Richard S. and Rita E. Davis (together, the “Davises”), owners of the Adjacent Property, and Robert Duncan, Assistant Township Manager.

(2) Said impenetrable barrier, upon approval, shall be installed the entire length of the trench, with such construction starting as close to the stream bank as feasible adjacent to the Common Property Line and continuing along the Common Property Line for a distance of five feet past the last visible bamboo along the Common Property Line, then turning directionally by 90 degrees to continue up into the Rentz Property approximately 20 feet to create a barrier where the 5

bamboo lies uphill as same is reflected on the diagram attached to this Order as Exhibit A, which Exhibit A is incorporated by reference herein.

(3) Said trench, as constructed, shall be wholly located on the Rentz Property as demarcated by the wrought iron fence between the Rentz Property and the Adjacent Property which, for purposes hereof, shall be deemed the de facto Common Property Line..

(4) Upon completion of the installation of the trench and placement of the barrier material, but before filling of the trench, John Kohler, the Davises’ expert acting on their behalf, shall be given the opportunity to inspect the installation and confirm its compliance with industry standards. Additionally, on behalf of the Township, Robert Duncan, or his chosen designee, shall have the opportunity to inspect the installation prior to the trench being filled.

(5) Immediately following installation of the root barrier, all visible mature bamboo existing in the area on the Rentz Property that is within twenty feet of the Common Property Line, inclusive of any bamboo intermingled and intertwined with the evergreens and mature pine trees in the area, shall be cut down by the Owners to ground level and will thereafter be further cut and maintained at a height not to exceed twenty-four (24) inches. Younger bamboo sprouts may be cut down at any time once work commences, but must be cut down on an annualized basis commencing in April, 2021 and then again every April thereafter, with cleanup of cuttings to occur in May of each year pursuant to the terms of the Bamboo Maintenance Declaration referenced in paragraph 8 below, with no obligation placed upon Owners to permanently remove any bamboo rhizomes. .

(6) Owners may use portions of the bamboo previously cut or cut pursuant to paragraph 5 above to construct a bamboo fence along the Common Property Line, which construction shall be completed as soon as practical, weather and ground conditions permitting. All bamboo cut pursuant to paragraph 5 above not used in the construction of the bamboo fence shall be removed from the Rentz Property within a reasonable period of time.

(7) The Davises having consented, Owners’ bamboo expert and her employees shall enter onto the Adjacent Property and cut down and remove visible evidence of bamboo shoots on the Adjacent Property at or near the Common Property Line, which work shall be completed at the same time that the trench and barrier are being installed on the Rentz Property.

(8) Within 20 days from the date hereof, the Owners shall record the Bamboo Maintenance Declaration to memorialize their and their successor’s perpetual obligation to annually cut and maintain the existing bamboo within twenty feet of the Common Property Line where there is any visible evidence of bamboo growth within that twenty foot area. The agreed to form of the Bamboo Maintenance Declaration is attached to this Order as Exhibit B and is incorporated by reference herein.

BAMBOO HEARING PANEL OF THE BUILDING AND PLANNING COMMITTEE OF THE BOARD OF COMMISSIONERS TOWNSHIP OF LOWER MERION

By:______Daniel S. Bernheim

By:______Gilda Kramer

By:______David McComb

Exhibit “A”

When Recorded Return To: Silverang, Rosenzweig & Haltzman LLC 900 East 8th Avenue, Suite 300 King of Prussia, PA 19406 Attention: Philip S. Rosenzweig, Esq.

Property: 1125 W. Montgomery Avenue Bryn Mawr, PA 19010 Parcel No. 40-00-40393-00-4

BAMBOO MAINTENANCE DECLARATION

THIS BAMBOO MAINTENANCE DECLARATION (this “Declaration”) is made and entered into as of this ____ day of ______, 2020, by DAVID L. RENTZ and BETSY O. RENTZ, husband and wife (collectively, “Owner”), with respect to certain real property located at 1125 West Montgomery Avenue, Bryn Mawr, Lower Merion Township, Montgomery County, Pennsylvania, being Parcel No. 40-00-40393-00-4, as more particularly described on Exhibit “A” attached hereto (the “Property”). WHEREAS, Owner acquired the Property by deed from Allison D. Lit recorded on July 24, 2006 in the Office of the Recorder of Deeds in and for Montgomery County, Pennsylvania at Book 5609, Page 1551, and at said time, the Property contained certain bamboo near and about its Property line with 114 N. Roberts Road, Bryn Mawr, Pennsylvania (“Adjacent Land”); and WHEREAS, Lower Merion Township (the “Township”) subsequently adopted Ordinance No. 4161 which, among other things, prohibits the growth of bamboo within twenty feet (20’) of the property line of a third party or a public or private right of way on lands within the Township (the “Bamboo Ordinance”); and WHEREAS, Owner has agreed to enter into this Declaration in exchange for certain waivers granted to Owner by the Township with regard to the Bamboo Ordinance, including a waiver permitting Owner to maintain certain existing bamboo on the Property currently located within twenty feet (20’) of the property line of the Adjacent Land and which would otherwise be in violation of the Ordinance. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner covenants and agrees as follows:

1. Owner shall keep all bamboo on the Property within twenty feet (20’) of the boundary line of the Property with the Adjacent Land, cut to ground level, but in no event maintained higher than twenty-four inches (24”) above ground level. 8

2. Owner will install and leave in place a 30 inch deep barrier impenetrable by bamboo roots along the common property line with the Adjacent Land and in the originally installed location as set forth on the diagram attached as Exhibit “B”.

3. This Declaration shall run with the Property and shall be binding upon each Owner of the Property, and his, her or their respective heirs, personal representatives, successors and/or assigns, as applicable, in perpetuity. This Declaration shall run solely to the benefit of the Township and may not be amended without the approval and consent of the Township. Notwithstanding the foregoing, at such time that no bamboo grows or regrows within the 20 foot area measured from the Property’s boundary line with the Adjacent Land, this Declaration shall be null and void and of no further force or effect, and shall be terminated without need for further action by either Owner or the Township.

4. This Declaration shall be enforceable solely by the Township and not by any third party, and there are no intended third-party beneficiaries of this Declaration other than the Township. In the event that Owner violates this Declaration, the Township shall have the right to enforce this Declaration following the same procedure set forth in Section 2 of the Bamboo Ordinance, which is codified in The Code of Lower Merion Township, Chapter 59, Section 2 (Notice to Abate Violation and Landowner’s Duty to Abate), as the same may be amended from time to time.

5. This Declaration shall be recorded in the Office of the Recorder of Deeds in and for Montgomery County, Pennsylvania. This Declaration shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Pennsylvania.

[Signatures begin on next page]

IN WITNESS WHEREOF, Owner has executed this Declaration as of the day and year first above written.

OWNER:

______DAVID L. RENTZ

______BETSY O. RENTZ

COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF )

On this, the ____ day of ______, 2020, before me, a notary public in and for the Commonwealth and County aforesaid, the undersigned officer, personally appeared DAVID L. RENTZ and BETSY O. RENTZ, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seal.

Notary Public My Commission Expires:

Exhibit “A”

Legal Description

Exhibit “B” Diagram

29 30 AGENDA ITEM INFORMATION

ITEM: CERTIFIED LOCAL GOVERNMENT (CLG) GRANT - Belmont Hills Community Center Feasibility Study

Consider for recommendation to the Board of Commissioners authorizing staff to submit a Certified Local Government (CLG) grant application to conduct a feasibility study to determine whether the Belmont Hills Community Center, a Class II Historic Resource, may be adaptively reused to provide affordable housing. PUBLIC COMMENT ATTACHMENTS: Description Type Issue Briefing - BHCC CLG Grant Issue Briefing

31 TOWNSHIP OF LOWER MERION Building & Planning Committee

Issue Briefing

Topic: Certified Local Government (CLG) Grant – Belmont Hills Community Center Feasibility Study

Prepared by: Carissa Hazelton, Planner Greg Prichard, Historic Preservation Planner

Date: October 9, 2020

I. Action To Be Considered By The Board: Authorize staff to submit a Certified Local Government (CLG) grant application to conduct a feasibility study to determine whether the Belmont Hills Community Center, a Class II Historic Resource, may be adaptively reused to provide affordable housing.

II. Why This Issue Requires Board Consideration: Staff typically seeks approval from the Board of Commissioners prior to submitting a grant application. Staff will be requesting a letter of support from the President of the Board of Commissioners to pursue this grant.

III. Current Policy Or Practice (If Applicable): N/A

IV. Other Relevant Background Information:

The Certified Local Government Program From the Pennsylvania State Historic Preservation Office (PA SHPO), a division of the Pennsylvania Historical and Museum Commission (PHMC):

“The Certified Local Government (CLG) program is a Federal program intended to forge strong partnerships between local, State, and Federal governments in their efforts to preserve and enhance historic places and communities across the country. The CLG program was created in 1980 and is a central component of the National Historic Preservation Act. Jointly administered by the National Park Service (NPS) and the State Historic Preservation Offices (SHPOs), each local community works through a certification process to become recognized as a Certified Local Government (CLG). Once certified, CLGs become an active partner in the Federal Historic Preservation Program, gain access to benefits of the program, and agree to follow required Federal and State requirements. Community certification opens doors to funding, technical assistance, and other preservation successes.”

For fiscal year 2021-2022, PA SHPO is offering competitive grants with a maximum award of $25,000 with a 25% match required from the awardee. Priorities for funding include innovative projects that have the potential to be a model for other CLG communities.

Lower Merion Township has been a CLG since 1992. Over the course of that time the Township has been awarded numerous grants for consultant services, survey projects, and documentation of historic resources. PA SHPO periodically shifts the focus of CLG grant-funded projects, and in recent years has encouraged applications for project-related grants including revitalization/reuse studies. One of the suggested projects for the fiscal year 2021-2022 cycle is for a predevelopment study for an individual historic building, as long as that building is historically designated by the municipality.

History of the Belmont Hills Community Center

The Belmont Hills Community Center was originally the St. Andrew’s Episcopal Mission, which was associated with St. Asaph’s Church in Bala. At the time of its dedication in 1913, Belmont Hills was known as West Manayunk and two developments, Ashland Heights and Belmont Heights, had been laid out with their first residences starting to dot the hills. Built a short distance from the West Manayunk passenger railroad station, the stone building was among the largest structures in this growing working-class section of Lower Merion Township.

There are few references to the building in local records aside from a short article published in the Philadelphia Inquirer on October 19, 1913, after the occasion of its dedication. The article read as follows:

“St. Andrew’s Episcopal Mission, on Ashland Road, West Manayunk, was dedicated last night by Rev. Dr. Francis M. Taitt, of Chester, who officiated in the unavoidable absence of Bishop Philip M. Rhinelander. An address was also delivered by Red. Harrison B. Wright, rector of S. Asaph’s Church, Bala. The three-story mission building was erected through contributions by two members of St. Asaph’s congregation, and a third member gave the ground. The mission will be under the direction of St. Asaph’s Church.”

In 1935, the Girls Friendly Society occupied a room in this building to be a branch service of the Bala Cynwyd Library known as the West Manayunk Free Library, but relocated from this location in 1941. In 1977, the Township obtained the property for use as the Belmont Hills Community Center. As a community center, the kitchen and large hall on the ground floor was routinely used for events and celebrations. The second floor was used as a pool hall. The second floor has also been used by the Public Works Department to provide crews sleeping quarters on cots during snow emergencies. The third floor provides access to the surface parking lot behind the building and contains a meeting room and an occupied caretaker’s unit.

The property is a Class II Historic Resource in the Lower Merion Township Historic Resource Inventory, which describes the building as follows:

“Constructed of rough-cut fieldstone, it is twelve bays long, three stories tall, and topped with a hipped roof. The front entrance is located in the eastern-most bay, under a Craftsman- style gabled hood that is supported by diagonal brackets and decorated with wide verge boards and trusses. An identical hood hangs above a second-story entrance on the eastern end of the building. There is a large window on the second level near the western end of the building that may have originally been a doorway but has been changed into a window and its staircase removed.”

The Belmont Hills Community Center appears to have retained a great deal of its exterior historic integrity. Being a Class II resource, the Historical Commission would review any potential changes to the building’s exterior that may result from any future work.

Feasibility Study for the Adaptive Reuse of the Belmont Hills Community Center

This summer Commissioner McKeon approached staff to inquire about the possibility of converting the Belmont Hills Community Center into housing affordable to emergency personnel and first responders who are being priced out of Lower Merion. This once often used facility has seen less use the past several years. Community meetings now occur in the renovated Belmont Hills Library. The Belmont Hills Fire Hall provides rentals for community uses & parties that once occupied the Belmont Hills Community Center.

The Ad Hoc Committee on Affordable Housing, comprised of Commissioners Stevenson, Zelov and Churchill, discussed the concept at their meeting on September 29, 2020 and generally agreed that a feasibility study was warranted to determine the best course of action for the Belmont Hills Community Center. The historic resource is in need of ongoing maintenance, but the use of the facility has dwindled to a handful of events each month according to the Parks & Recreation Department. The concept of adaptively repurposing the Belmont Hills Community Center to provide affordable housing for Lower Merion residents was considered by the Ad Hoc Committee on Affordable Housing in 2017 although a full feasibility study was not undertaken at the time.

A feasibility study is an analysis that takes the project's relevant factors into account including technical, economic, and engineering considerations to determine the likelihood of completing the project successfully. The building offers a handful of design challenges due to its age and physical surroundings. The Belmont Hills Community Center is located on the south side of Ashland Avenue along the section that intersects with Springfield Avenue and Lyle Avenue. The three-story, stone masonry building is built into the side of a steep hill with the rear of its lower floor level below grade. On‐street parking is available in front of the building. A surface parking lot is provided behind the building, which is accessed via two pedestrian bridges into the third floor of the building. The building does not have an elevator. Photos of the building and a map are included at the end of this memo.

The feasibility study will explore options for the renovation and adaptive reuse of the building and provide the Board of Commissioners the information needed to determine how to optimize the use of this underutilized community facility. The study will estimate the project cost, evaluate the number of potential residential units, and explore whether a portion of the building should be renovated and maintained for community use. Concurrently, the Ad Hoc Committee on Affordable Housing will begin to evaluate program guidelines with regards to the occupancy requirements (i.e. preference for first responders, income-guidelines, etc.).

Conducting a feasibility study will position the Township to make an informed decision about the future of the Belmont Hills Community Center and pursue grant funding opportunities or identify partners to undertake needed renovations. The CLG grant provides the Township the opportunity to leverage its funds to conduct a feasibility study for a fraction of the cost. The $25,000 grant requires a 25% cash match ($6,250).

Timing

The CLG grant deadline is October 30, 2020. Applicants will be notified in December 2020 of the project award. The project completion deadline for the 2021-2022 grant cycle is September 2022.

V. Impact on Township Finances: The $25,000 grant requires a 25% cash match totaling at least $6,250. The match may be allocated from the Township’s dedicated affordable housing fund.

VI. Staff Recommendation Staff recommends the submittal of a CLG grant application to undertake a feasibility study for the adaptive reuse of the Belmont Hills Community Center.

35 Belmont Hills Community Center: View from Ashland Avenue

Belmont Hills Community Center: Aerial Photo

Ground Floor: Public Space

36 Second Floor: Pool Hall

Third Floor: Underutilized Space and Pedestrian Bridge to Parking Lot

37 AGENDA ITEM INFORMATION

ITEM: WAIVER OF LAND DEVELOPMENT PLAN - 42 St. James Place, Suburban Square, Ardmore, Ward 5, LD# W-20-001.

Consider for recommendation to the Board of Commissioners approval of a Waiver of Land Development Plan. The Plan prepared by Mahan Rykiel Associates, Inc. dated May 15, 2020, last revised September 17, 2020 shows for the installation of an accessory structure within the lower area of the Suburban Square’s interior courtyard with a 2,160 sq. ft. footprint.

The application requires the following relief which was recommended for approval from the Planning Commission:

1. Subdivision & Land Development Code Section 135-7A, to not provide a Tentative Sketch Plan.

2. Subdivision & Land Development Code Section 135-10A(3), to not provide a Preliminary Land Development Plan.

3. Subdivision & Land Development Code Section 135-13, to not provide a Final Plan.

Expiration Date – N/A...... …………….……………………….……..Zoning –TC1

Applicant: Mike Ogden Property Owner: Kimco Realty Corporation Applicant's Representative: Mike Ogden

On Monday, October 5, 2020 the Planning Commission recommended approval subject to the following conditions which shall be complied with on the grading permit:

Township Engineer’s Review:

1. The Township Engineer’s review letter dated September 2, 2020 shall be incorporated by reference into these conditions of approval to the extent the same is consistent with these conditions of approval.

Zoning/Use:

2. Restaurant uses located within the renovated courtyard area shall close no later than midnight.

3. The plan shall indicate that there will be no net increase in impervious surface.

4. A revised parking calculation shall be submitted and subject to the approval of the Township Zoning Officer.

Architecture/Historical Commission:

5. The proposed building shall be constructed substantially as shown on the architectural elevations prepared

38 by Mahan Rykiel Associates, Inc. dated May 15, 2020, last revised August 3, 2020 with the exception of any de minimis changes including those mutually agreed to with staff or recommended by the Historical Commission.

Landscape Plan:

6. The applicant shall work with staff to provide native or non-invasive adapted plant species on the landscape plan.

7. The plant schedule shall identify if the plants are evergreen or deciduous.

8. The applicant shall substitute the deciduous canopy tree GB - Ginko biloba with a native species.

9. The applicant shall consider the following plant substitutions to increase biodiversity of the plant schedule: a) Non-native grasses with native grasses. b) Liriope muscari with a native Sedge species. c) A portion of the 98 Abelia x grandiflora shrubs with a native species.

10. Two bicycle racks shall be provided adjacent to the proposed improvements.

11. Landscape improvements provided for this application shall be perpetually maintained in a healthy and/or sound condition in compliance with Natural Features Code Section 101-11. The applicant shall record a covenant on the property in a form acceptable to the Township Solicitor to guarantee this requirement. A draft covenant shall be submitted with the grading permit application.

Stormwater Management:

12. A water control structure shall be provided. Adequate calculations supporting the design shall be submitted to the Township Engineer for review and approval.

Construction Details:

13. All construction-related vehicles shall be parked on site or at a remote site not in the neighborhood. No construction-related vehicles may park on the street. This includes personal vehicles operated by construction workers or vehicles operated for construction workers, material suppliers, product vendors, and all construction trades engaged in the project.

14. The location of all transformers and utility boxes shall be shown on the Final Plan. Additional utility improvements resulting in material changes to approved plan including but not limited to the loss of required parking, changes to circulation patterns or the alteration of the quantity or location of proposed landscaping shall require an amendment to the approved plan.

Lighting:

15. If any new lighting is proposed, a lighting plan shall be submitted with the grading permit application. The location, luminaire type, wattage, pole height and illumination patterns shall be indicated. The lighting shall be designed to reduce the off-site transmission of light, to shield the source of illumination and to prevent glare on adjacent properties.

16. The lighting plan shall be designed to comply with the 2009 IECC or the 2007 ASHRAE Standard 90.1.

Standard Conditions of Approval:

17. A copy of the revised plan shall be submitted with any changes highlighted and shall be accompanied by a letter indicating how each requested revision has been addressed in the re-submission.

18. New buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting on the property. The address numbers shall be a minimum of four (4) inches (102mm) high with a minimum stroke width of 0.5 inch (12.7mm).

19. Any changes to the approved plans shall require the submission of an as-built plan prior to the issuance of a Certificate of Occupancy. Building and Planning staff can waive this requirement if the changes are determined to be insignificant.

20. The owner shall make payment of the Township Engineer’s inspection fees within 30 days of presentation. A penalty of 1.5% per month will be due for late payments from the date of presentation. If any shares are not paid within 60 days of presentation, the Township may elect to suspend any outstanding permits until all pending charges are settled.

21. The owner shall make payment of fees and expenses of the Township’s professional consultants who perform services on behalf of the Township with respect to these plans and the work contemplated thereunder and will establish and maintain with the Township those escrows for the payment of such fees required by Township Code. Owner agrees that any statement from the Township for such fees which remain unpaid for a period of 30 days may be recorded against the property as a municipal lien.

22. The property owner(s) shall comply with all federal, state and applicable Lower Merion Township ordinances and laws regardless of specific mention herein. PUBLIC COMMENT ATTACHMENTS: Description Type Issues Briefing Backup Material Township Engineer's Review Backup Material

40 2.

October 2, 2020

TO: Planning Commission Members

FROM: Jillian Dierks, Planner, Department of Building and Planning

SUBJECT: WAIVER OF LAND DEVELOPMENT PLAN – 42 St. James Place, Suburban Square, Ardmore, Ward 5, LD# W-20-001.

Background The Planning Commission reviewed the proposal at their September 8, 2020 meeting. At the request of the Planning Commission the applicant agreed to table the application to allow staff to clarify an accessory building setback requirement with the Zoning Officer and Township Solicitor.

The Zoning Code states that accessory structures in the TC1 zoning district are required to be setback from the rear of the principal structure a minimum of 20 feet. The existing site is atypical in that it has multiple buildings facing different street frontages. Following the Planning Commission meeting staff consulted with the Township Solicitor who advised that a minimum setback of 20’ feet be provided from all surrounding existing buildings.

The applicant has provided a revised plan (revision date September 17, 2020) in which the proposed accessory structure complies with the required 20’ foot setback. The sketch has been reviewed by the Zoning Officer and determined to be compliant with the setback requirement, as interpreted by the Township Solicitor.

Since the September Planning Commission review, the Historical Commission reviewed the plan on September 10, 2020. The plan that the Historical Commission reviewed had not yet revised to show the increased setback. The Historical Commission recommended approval of the pavilion structure, noting it would have a mild impact on the historic structures around it, but that it would be a positive improvement to the courtyard.

Staff has attached the review previously provided to the Planning Commission which provides background on the proposal, the requested relief, and the required actions.

41 4.

September 3, 2020

TO: Planning Commission Members

FROM: Jillian Dierks, Planner, Department of Building and Planning

SUBJECT: WAIVER OF LAND DEVELOPMENT PLAN – 42 St. James Place, Suburban Square, Ardmore, Ward 5, LD# W-20-001.

Proposal The applicant, Mike Ogden, on behalf of Kimco Realty Corporation, is seeking approval of a Waiver of Land Development Plan for the installation of an accessory structure within the lower area of the Suburban Square’s interior courtyard with a 2,160 sq. ft. footprint.

The proposal is illustrated on the attached set of plans that includes eighteen (18) sheets prepared by Mahan Rykiel Associates, Inc. dated May 15, 2020, last revised August 3, 2020.

EXISTING ZONING EXISTING LAND USE PROPOSED IMPROVEMENT TC1 District Commercial/Retail Accessory Structure for Outdoor Dining

Background Proposal includes the second phase of improvements to the interior courtyard located adjacent to St. James Place on a former vehicular roadway and parking area called Parking Plaza. The courtyard is primarily used as an amenity space to support the surrounding retail uses, including outdoor dining. The improvements have been aimed increasing usability and activity within the interior space.

The first phase of improvements was focused on the upper courtyard and included the installation of an artificial turf lawn to create a central green within the courtyard and construction of a public plaza/amenity space adjacent to St. James Place across from the upper portion of the courtyard. These improvements were approved in 2017 and completed in 2018.

The second phase includes the proposed accessory structure, which is located within the lower courtyard and will provide outdoor dining space to a single restaurant use (Lulu’s Garden) that will be located within the former Kate Spade and Jack Wills retail spaces. The applicant provided the below description of the proposed improvements: Lawn Area located on the Upper Courtyard

“An important component of Lulu’s Garden will be the creation of an outdoor dining experience meant to feel like you are dining and socializing in an intimate garden somewhere along the Main Line. To that end, a custom timber pergola

42 shade structure with dovetail joinery will be constructed over the deck area to help create that intimate dining experience. The outdoor space will be available for use year- round subject to weather conditions. During the Spring, Summer and Fall the timber structure will provide shade for diners. However, during precipitation and/or storm events the outdoor area would not be open much like any other outdoor dining option. During the winter, the intention is to enclose the structure with a high-quality cloth awning type system to extend the number of usable days into the fourth season. Service to the outdoor diners will be from Rendering of Proposed Improvements the interior of the restaurant proper.”

Property Description Suburban Square consists of four separate parcels and is bordered by Montgomery Avenue to the north and the SEPTA/Amtrak Paoli-Thorndale line to the south and Anderson Avenue to the west. To the east the center is bordered by Sibley Avenue and residential and office uses. Coulter Avenue, St. James Place and Parking Plaza are private roads that traverse the shopping center. The proposed improvements are primarily within the courtyard, which was formerly referred to as Parking Plaza. The courtyard originally functioned as a street but was subsequently restricted to pedestrian access. Several buildings on the property are Class II resources on the Historic Resource Inventory.

Property History Suburban Square Site Suburban Square, believed to be one of America’s first outdoor shopping centers, was initially designed in 1926 by the architectural firm of Dreher and Churchman and was constructed between 1927 and 1931. The center is anchored by the Times Building, a vertically striped high-rise that was home to the Main Line Daily Times and was one of the tallest buildings outside Philadelphia up until that time. The center soon contained a Strawbridge and Clothier department store, the first suburban location for that major retailer. Unlike many other retail developments of the time, which typically consisted of one large building housing numerous shops, Suburban Square was modeled after a downtown street. It consists of a series of buildings designed in a cohesive Art Deco style, arranged around outdoor plazas and walkways. Suburban Square was remodeled several times throughout the last 84 years but retains its integrity Approximate Area of Disturbance and remains an attractive and popular suburban shopping destination.

43 In 2016 the Board of Commissioners approved the construction of a parking structure and a two-story building along Coulter Avenue with 20,000 sq. ft. footprint. In 2017 the Board of Commissioners approved improvements to the upper courtyard. Most recently, in August 2019, the applicant received Tentative Sketch Plan approval for a mixed-use building located along Coulter Avenue.

Purpose of Waiver of Land Development Plans This application requires a Waiver of the Land Development process. Staff notes that this is a waiver from the formal process and not an exemption from complying with Township Code requirements as they relate to land development except where the applicant has requested specific relief. The advantage to the applicant is that they are not required to record a final plan with Montgomery County, saving a significant amount of time and expense.

Montgomery County Planning Commission Review The County does not review Waiver of Land Development applications.

Environmental Advisory Council (EAC) The EAC reviewed the plans at the August 6, 2020 Land Development Committee meeting. The EAC expressed concern with the loss of existing trees, the scale of the structure, and recommended that the applicant utilize native plant species in their planting plan. Staff notes that there are two existing trees shown to be removed and replaced with four large caliper Elm trees Staff’s recommended conditions of approval include a requirement for the applicant to work with staff to replace proposed plant species with native species.

Historical Commission The applicant appeared before the Historical Commission on July 27, 2020, for a formal review of the proposed modifications to the storefronts and to make an informal introduction of the courtyard pavilion. The Historical Commission reviews new construction on historic properties to assess any potential impact to the character or context of the historic resources. Due to the insufficient amount of information provided at that time no recommendation on the proposed courtyard structure was made. The applicant plans to appear before the Historical Commission again to receive a recommendation at a special meeting September 10, 2020. Staff has included a condition of approval requiring the applicant to appear before the Historical Commission for review of the proposed accessory structure prior to the issuance of a building permit.

Zoning District: The property is located within the Town Center 1 (TC1) zoning district. TC Districts are the medium to larger commercial areas, related to major transportation corridors, mixing local, regional and national retail, with some residential uses above the first floor. The TC1 Districts are the Township’s traditional shopping districts that developed around train stations and grew as corridors over time. These are pedestrian-oriented with buildings entered from street-front sidewalks, with a variety of retail and service uses, and may include shared and municipal parking.

Form Standards: The proposal is subject to the accessory building setbacks and height requirements. The following table details the applicable standards and proposed conditions:

TC1- ZONING DISTRICT Requirement Proposed Accessory Structure Setbacks (feet) Front (measured from rear of PB) 20 min 20

Front Corner 12 min. n/a Side 0 or 5 min. 5 4.3.2 TABLE Rear none n/a Building Height Accessory Structure 1 story up to 15 ft. <15 ft. 4

44 Applicable Studies and Reports • Comprehensive Plan- Land Use Element- Commercial, Lower Merion Township, 2016 • Ardmore Storefront Design Guidelines, Kiku Obata & Company, 2006 • Ardmore Retail Strategy, Economics Research Associates, 2006 • Ardmore Redevelopment Area Plan Update, Hillier Architecture, 2005

Consistency with the Comprehensive Plan

The 2016 Comprehensive Plan mission statement for commercial land use states:

“Attractive, convenient, and vibrant commercial areas are hallmarks of the finest residential suburbs and are an essential component of good places to live. The Township’s commercial areas are intended to be distinct places, each with their own unique identity, and convenient connections to its surrounding neighborhood. The Township’s commercial areas are civic centers, providing access to public transportation, shopping, employment, and a wide variety of public and private services. The Township’s commercial areas are places for communal gathering, socializing, and their design and operation should be a source of community pride.”

The improvements to the upper and lower courtyard seek to create a unique experience and further the sense of place within Suburban Square. The collective courtyard improvements align with recommendation LC13 of the Comprehensive Plan, which recommends the integration of appropriate locations for permanent or seasonal civic space to encourage public gathering and that foster economic viability, pedestrian activity and a sense of community.

Community Event within the Courtyard

Issues

1. Use

Staff notes that the courtyard is currently used for outdoor dining and the proposal is a continuation of that use; however, it also represents a more structured and potentially more intense use of the space. Fortunately, the improvements are located interior to the courtyard and are buffered from external public view by buildings fronting on Montgomery and Coulter Avenues. The applicant has worked with staff to assess and mitigate potential negative externalities that may result from the proposal, which include landscaping and pedestrian scaled lighting.

A previous land development approval (W-10-005, 2010) granting approval for the construction of a valet drop-off area within the courtyard included a condition of approval requiring any new restaurant located within the renovated courtyard area to close no later than midnight. The valet drop-off area was removed in 2018 with the installation of the upper courtyard lawn area. Staff has included this requirement in the recommended conditions of approval for this proposal.

2. Stormwater Management

In his review, the Township Engineer requested that the applicant install a mechanical water quality structure, such as a Stormceptor or equivalent, in the location of the proposed improvements. A water quality structure will remove oil and suspended solids from stormwater runoff prior to it entering the system. Staff has included a condition requiring the design and supporting calculations to be submitted to the Township for review and approval.

3. Landscape Plan

Staff has included a condition requiring a maintenance and operations plan for the proposed landscaping, street furniture and other amenities. While Suburban Square has a great record of maintaining and updating the site landscaping on a regular basis, staff would like to ensure that this continues should the property change ownership in the future.

Staff has also included a condition requiring the applicant to work with staff to provide native or non-invasive adapted plant species on the landscape plan.

4. Relief

The application requires relief from the following Code Sections: A. Subdivision & Land Development Code Section 135-7A, to not provide a Tentative Sketch Plan; B. Subdivision & Land Development Code Section 135-10A(3), to not provide a Preliminary Land Development Plan; and C. Subdivision & Land Development Code Section 135-13, to not provide a Final Plan.

Given the de minimus nature of the plan, staff supports granting the requested relief.

Action

The Planning Commission must take the following actions with respect to this application: A. A recommendation on the relief noted in item 4 above. B. A recommendation on the Waiver of Land Development Plan.

TOWNSHIP TOWNSHIP ENGINEER OF 75 E. Lancaster Avenue Ardmore, PA 19003 2376 LOWER MERION Telephone: (610) 645-6200 www.lowermerion.org MONTGOMERY COUNTY

LOWM 254.41 September 2, 2020

Christopher Leswing, Director of Building and Planning Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003

Re: Suburban Square Courtyard 42 St. James Place Waiver of Land Development

Dear Mr. Leswing:

In accordance with your request for the referenced submission, we have reviewed a set of plans dated 05-15-20, latest revision dated 08-19-20, prepared by Langan Engineering and Environmental Services, Inc. We offer the following comments for your consideration:

A. MAJOR ENGINEERING ISSUES

❖ Stormwater—In order to improve water quality, a water quality structure shall be provided. Adequate calculations supporting the design shall be provided if/as determined by the Township Engineer.

With resolution of the preceding major engineering issues and the other items in this letter adequately addressed, we recommend that the Waiver of Land Development be approved.

B. ORDINANCE REQUIREMENTS

1. Section 101-6A(1)—All woody vegetation to be retained within twenty-five (25’) feet of a building site or disturbed area shall be protected from equipment damage by fencing placed at the driplines. Accurate location of the driplines must be shown on the plan. The detail shall be revised on the plans to comply with township standards. Since the tree protection fence has not been shown at the driplines of all trees to remain, the Township Arborist must approve the location of the tree protection fence shown on the plan.

2. Section 101-6A(6)—Grade changes around the driplines of trees to be retained shall be minimized. Impacted trees shall be clearly identified on the plan. Treatment of the impacted trees prior to construction to protect the root system shall be performed if/as directed by the Township Arborist. The Township Arborist must also approve the procedure.

47 LOWM 254.41 Page 2 September 2, 2020

3. Section 101-6A(8)—Should any trees not scheduled or permitted to be removed be irreparably damaged during construction and die within eighteen (18) months of the conclusion of construction activities, those trees will be required to be replaced in accordance with the provision of Section 101-9A(2). Escrow shall be posted to guarantee the survival of the impacted trees until the allotted time has expired.

4. Section 135-17B(1)—All existing utility service locations shall be shown from the structures to the mains.

5. Section 135-17B(13)—The existing storm sewers, inlets and any other manhole or other structure shall be shown within 200’ of the property. Invert, rim, and grate elevations shall be indicated. The size and material of all storm sewers shall be provided.

6. Section 121-2C, 121-15—In order to improve water quality, a water control structure shall be provided. Adequate calculations supporting the design shall be submitted.

C. ENGINEERING COMMENTS

1. A Lighting Plan must be submitted and approved by the Director of Building and Planning prior to recording the Final Plan

2. The Planting Plan must be approved by the Planning Department and the Township Arborist prior to issuance of the permit.

3. A copy of the revised plan shall be submitted with any changes highlighted. A letter shall also be provided with the revised plan indicating how each requested revision has been addressed in the re-submission.

Please advise if we may be of further assistance in this matter.

Very truly yours,

Joseph A. Mastronardo, P.E. PENNONI ASSOCIATES Township Engineer

Cc: Robert E. Duncan, Assistant Township Manager Langan Engineering and Environmental Services, Inc

U:\Accounts\LOWMM\LOWM035441 - Suburban Square Courtyard\COMMUNICATION\SENT\254.41 dtd 2020-08-28 Suburban Square Courtyard Waiver Review.docx

48 AGENDA ITEM INFORMATION

ITEM: PRELIMINARY LAND DEVELOPMENT PLAN - 27 W. City Avenue, Bala Cynwyd, Ward 9, LD# 3853

Consider for recommendation to the Board of Commissioners approval of a Preliminary Land Development Plan. The plan dated July 31, 2020, last revised September 18, 2020, prepared by Nave Newell shows the demolition of the existing building, construction of a one-story building with a 6,824 sq. ft. footprint and 23 parking spaces and the installation of an eight-foot-wide sidewalk with a four-foot-wide hardscape verge along the property frontage.

Expiration Date – 12/7/20...... Zoning – CAD-BV

Applicant: AZ Bala Cynwyd, LLC Owner: Lower Merion Investment Partners Applicant's Representative: Denise R. Yarnoff, Esquire

On Monday, October 5, 2020 the Planning Commission recommended approval subject to the following conditions which shall be complied with on the Final Plan:

Township Engineer’s Review:

1. The Township Engineer’s review letter dated September 28, 2020 shall be incorporated by reference into these conditions of approval to the extent the same is not inconsistent with these conditions of approval or any relief or modifications granted.

Architectural Elevations:

2. Architectural elevations and renderings of all sides of the proposed building shall be submitted with the Final Plan, including the proposed materials. The applicant shall provide a chart to demonstrate compliance with the Architectural Design Standards in Zoning Code Section 155-219.F.

3. The proposed building(s) shall be constructed substantially as shown on the architectural renderings prepared by the applicant, dated September 29, 2020, with the exception of any de minimis changes, changes required herein, and any changes mutually agreed to with staff.

4. The applicant shall consider consolidating the Hardie Plank siding shown on the primary front façade so that it can be screened by landscaping.

5. The required windows on the primary front facade shall allow views into work areas or lobbies, pedestrian entrances or merchandise display windows.

6. The applicant shall consider shifting the vestibule entrance on the primary front façade a minimum of two (2’) feet and a maximum of four (4’) feet closer to the sidewalk to create articulation.

49 7. Windows shall be inset a minimum of 1” along the primary front façade.

8. The applicant shall consider substituting the brick for stone.

9. Materials changes shall correspond to a change in the plane of the wall on the primary front façade.

10. The HVAC/mechanical equipment shall be screened on all sides whether on the roof of the building or on the ground. If located on the roof, the screening shall be integrated into the architecture of the building to improve the appearance and better mitigate noise from the unit(s).

11. The mean grade of the structure shall be calculated and shown on the Final Plan. The architectural plans shall be coordinated with and shall comply with the grading proposed with this application.

12. All signage shall be subject to a separate review for compliance with the Zoning Code by the Zoning Officer.

Landscape Plan:

13. A revised landscape plan complying with Natural Features Code Sections 101.9.A & 101-9.B; Subdivision & Land Development Code Section 135-30 & 135-41.4; and Zoning Code Section 155-167.7 & 155-219.C.9 and conditions herein shall be prepared and sealed by a Registered Landscape Architect and submitted with the Final Plan.

14. Engineered tree pits with the root zones extending under the sidewalk shall be provided. AutoZone is responsible for maintenance and shall guarantee in perpetuity that trees will be planted in these pits.

15. The applicant shall work with staff to provide locally adaptive native species in the planting plan where feasible.

16. The applicant shall work with staff to add additional evergreen trees and shrubs along the 125’ foot filtered view of the adjoining residential property to provide additional screening.

17. The applicant shall reorient two of the benches along City Avenue to face one another and be 6 feet apart.

18. The applicant shall expand the dimension of the three tree pits along the frontage of City Avenue to accommodate native perennials and grasses. The applicant shall work with staff on the selection of the additional plant material.

19. The planting plan shall be consistent with the planting schedule and provide two additional shrubs.

20. A maintenance and operations plan shall be submitted for all proposed landscaping, including the street trees and other amenities installed as part of this project.

21. The applicant shall work with staff on the design and location the bicycle rack.

22. Landscape improvements provided for this application, including the street trees, shall be perpetually maintained in a healthy and/or sound condition in compliance with Natural Features Code Section 101-11. The applicant shall record a covenant on the property in a form acceptable to the Township Solicitor to guarantee this requirement. A draft covenant shall be submitted with the Final Plan.

Traffic, Circulation & Parking:

50 23. A post-development study shall be conducted that evaluates the peak hour operation of the site driveway and identifies the impact of the queue from Bryn Mawr Avenue and the number of gaps available for entering and exiting left-turns during peak traffic hours. Turn restrictions shall be provided as directed by the Township Engineer.

Stormwater Management:

24. All CMP shall be further specified as aluminum or aluminized steel.

25. Adequate spot elevations and drainage arrows shall be added to the plan.

26. The limits of the stone in the seepage bed shall be clarified. A plan detail shall be provided. Geotextile fabric shall be shown surrounding all sides of the bed.

27. Adequate distribution pipes shall be provided to adequately disperse stormwater runoff throughout the seepage bed.

Operations:

28. Customers shall be prohibited from performing automotive repairs in the parking lot.

Utilities: 29. Sidewalks must be continued across the driveway at grade.

30. Concrete apron shall be shown at the driveway access. A detail shall be added to the plan.

Sustainability:

31. The applicant shall consider incorporating green technology into the project including but not limited to a green roof, solar panels, geothermal heat and air conditioning and an electric vehicle charging station. The applicant shall also consider having no natural gas connections.

Construction/Demolition Details:

32. The applicant shall utilize the services of an architectural salvage or deconstruction company, to preserve or recycle building materials on the existing structures, including but not limited to stone, brick, and wood. Architectural details such as windows and interior and exterior details including but not limited to fixtures and any wood, glass and metalwork of quality and good condition shall be salvaged. The applicant shall provide documentation to planning staff indicating how this condition will be met.

33. The applicant shall conduct regular street cleaning of all roadways adjacent to active portions of the construction site. Staff shall have the right to order street cleaning more often if there is evidence of construction related debris in the roadway during the project.

34. The applicant shall document compliance with the notification requirements of the Federal Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) and shall submit an Asbestos Abatement and Demolition/Renovation form to the Pennsylvania Department of Environmental Protection and the EPA at least 10 days prior to commencing demolition. Copies of these documents shall be provided to the Township prior to the issuance of a building permit.

35. The applicant shall submit a demolition plan with the Final Plan. The demolition plan shall indicate how dust and other air particles will be controlled, the procedure for demolishing the buildings and how the

51 demolished building materials will be removed from the site. If asbestos or any other regulated hazardous material exists within the building, it shall be removed and certifications to that effect shall be filed with the Pennsylvania Department of Environmental Protection. Notice of demolition shall be provided by posting of the site at least seven days in advance of the proposed demolition.

36. During demolition of the existing structures the applicant shall ensure that the contractor takes appropriate measures to minimize dust at all times during active demolition. Multiple hoses and/or a water truck shall be provided on site to continually spray the building during demolition. The demolition plan shall include the specific water measures to be used to reduce the dust during demolition.

37. The applicant shall submit a parking plan with the Final Plan detailing where construction vehicles will be parked. The plan shall be subject to the approval of the Township prior to the issuance of any permits.

38. All construction-related vehicles shall be parked on site or at a remote site not in the neighborhood. No construction-related vehicles may park on the street. This includes personal vehicles operated by construction workers or vehicles operated for construction workers, material suppliers, product vendors, and all construction trades engaged in the project.

Lighting:

39. An outdoor lighting plan, sealed by a responsible design professional, that includes illuminance patterns shall be submitted to and approved by the Director of the Building and Planning Department prior to issuance of any permits. The location, luminaire type, wattage, means of control and pole height shall be indicated. Lighting shall be designed to minimize the off-site transmission of light, to shield the source of illumination and to prevent glare on adjacent properties. Exterior luminaires shall be full cut-off unless it can be demonstrated that cut-off luminaires are more appropriate and will result in less off-site light trespass.

40. The lighting plan shall be designed to comply with the IECC or the ANSI/ASHRAE/IES Standard 90.1 that is in effect at the time of the application.

Standard Conditions of Approval:

41. If required by a Township Public Safety Agency, all new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communications systems at the exterior of the building.

42. The applicant shall install a Knox Box entry system at the exterior of all commercial, institutional and multifamily residential buildings at or near the main entrance to the building and/or at other locations as determined and approved by the Fire Marshal.

43. Any changes to the approved plans shall require the submission of an as-built plan prior to the issuance of a Certificate of Occupancy. Building and Planning staff can waive this requirement if the changes are determined to be insignificant.

44. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting on the property. The address numbers shall be a minimum of four (4) inches (102mm) high with a minimum stroke width of 0.5 inch (12.7mm).

45. A copy of the revised plan shall be submitted with any changes highlighted. A letter shall also be provided with the revised plan indicating how each requested revision has been addressed in the re-submission.

52 46. The Final Plan, complying with all conditions of approval, shall be filed with the Department of Building and Planning within twelve (12) months from the date of the Preliminary Plan approval.

47. The owner will make payment of fees and expenses of the Township’s professional consultants who perform services on behalf of the Township with respect to these plans and the work contemplated thereunder and will establish and maintain with the Township those escrows for the payment of such fees required by Township Code. Owner agrees that any statement from the Township for such fees which remain unpaid for a period of 30 days may be recorded against the property as a municipal lien.

48. The owner shall make payment of the Township Engineer’s and/or Clerk of the Works’ inspection fees within 30 days of presentation. A penalty of 1.5% per month will be due for late payments from the date of presentation. If any shares are not paid within 60 days of presentation, the Township may elect to suspend any outstanding permits until all pending charges are settled.

49. The property owner(s) shall comply with all federal, state and applicable Lower Merion Township ordinances and laws regardless of specific mention herein.

PUBLIC COMMENT ATTACHMENTS: Description Type Issues Briefing Backup Material Township Engineer's Review Backup Material County Review Backup Material

53 5.

October 2, 2020

TO: Planning Commission Members

FROM: Jillian Dierks, Planner, Department of Building and Planning

SUBJECT: PRELIMINARY LAND DEVELOPMENT PLAN – 27 W. City Avenue, Bala Cynwyd, Ward 9, LD# 3853.

This proposal was submitted under the zoning in place prior to February 27th and is not subject to the new zoning code requirements.

Proposal The applicant, Denise R. Yarnoff, seeks Preliminary Plan approval on behalf of AZ Bala Cynwyd, LLC, for the following:

• Demolition of the existing building; • Construction of a one-story building with a 6,824 sq. ft. footprint; • Construction of 23 parking spaces; and • Installation of an eight-foot-wide sidewalk with a four-foot-wide hardscape verge along the property frontage.

The plan shows a two-way vehicular entrance and exit from W. City Avenue.

The proposal is illustrated on the attached plan set, dated July 31, 2020, last revised September 18, 2020, prepared by Nave Newell. Also submitted were architectural renderings prepared by the applicant, dated September 29, 2020.

EXISTING ZONING PROPOSED PROPOSED IMPERVIOUS BUILDING AREA City Avenue District- LAND USE IMPROVEMENT SURFACE CHANGE CHANGE Bala Village District Commercial/Retail Commercial building with 2,169 sq. ft. reduction 3,255 sq. ft. footprint a 6,824 sq. ft. footprint increase

Property Description The property is zoned CAD/Bala Village, contains 26,250 sq. ft. (0.6 acres) and has driveway access to W. City Avenue. It is currently improved with a building that has a 3,569 sq. ft. footprint and a 32-space parking lot that previously served a restaurant take-out use, which ceased operation in 2017. The property is surrounded by commercial uses on all sides except the rear of the property, which is a residential use in the MDR district.

Property History The existing structure on the subject property is not included on the Township’s Historic Resource Inventory. It was built as a residence between 1900 and 1908. The original architect is unknown, but the office of Horace Trumbauer was involved with modifications to the building in the 1920s. At the time of its construction City Avenue was entirely residential, and 1

54 this property was among the only homes that was retained and adapted as the corridor became commercial. The popular San Marco restaurant operated in the structure in the 20th century, and other restaurant uses followed.

2002: The property received Preliminary Land Development approval for the construction of an addition with a 135 sq. ft. footprint and the installation of a drive-through to support the conversion of the building to a KFC. 2017: The building was damaged, and the KFC closed. 2018: A Tentative Sketch Plan (Application No. 3807) proposing the demolition of the existing KFC building and construction of a new KFC building was submitted. The application is still pending and was never reviewed by the Planning Commission. Along with the Tentative Sketch Plan, the applicant submitted an appeal to the Zoning Hearing Board (ZHB) from the Zoning Officer’s determination that the applicant was not entitled to reconstruct the non-conforming conditions on site, including the drive through, which was no longer a permitted use in CAD-BV. This appeal is pending and has not been considered by the ZHB as the applicant waived their rights to the 60-day hearing requirement. 2020: This application was submitted. The Tentative Sketch Plan was approved on June 10, 2020.

Montgomery County Planning Commission Review The County review letter is attached. The County review did not provide comments as they did not identify any significant planning issues.

Zoning- City Avenue District- Bala Village (CAD-BV) The Bala Village District was created in 2014. The intent of the District is to encourage pedestrian-oriented development/redevelopment and more economically productive use of land along Bala Avenue between City Avenue and Montgomery Avenue and along City Avenue between the Cynwyd Rail Line and Orchard Road.

It recognizes the importance of Bala Village as a gateway to Lower Merion Township and as a neighborhood and transit- oriented center by permitting appropriate densities and a mix of land uses while providing sufficient on- and off-street parking. The stated general goals and objectives include the following specific purposes: • Encourage multiple-use real estate development within the BV District that creates a sense of place and welcomes residents, visitors and workers; • Preserve and enhance the special character of the traditional early-20th Century Bala Shopping District. • Encourage pedestrian- and transit-oriented development through adoption of high standards of architecture and design; • Minimize to the greatest extent possible any adverse impacts on existing residential neighborhoods of any new development in the BV District; • Promote the livability and identity of the district by providing for dwellings, shops and workplaces in close proximity to each other; • Enhance the visual character and identity of the district through appropriate building scale and design, landscaping and signage, and by encouraging the renovation and erection of buildings and storefronts that provide direct connections to the street and sidewalk; • Discourage the dependence on automobile use by promoting alternative modes of transportation, including rail and bus, bicycling and walking, thereby reducing traffic congestion; • Promote the smooth and safe flow of vehicular traffic through the corridor while reducing cut-through traffic in the neighboring residential districts;

55 • Encourage the development of shared parking and attractive, unobtrusive and convenient off-street parking facilities to reduce on-street congestion and facilitate vehicular and pedestrian circulation.

The following table details the bulk, area and setback requirements for the existing and proposed conditions. The applicable zoning regulations can be found here:

CAD-BV REQUIRED EXISTING PROPOSED ZONING DISTRICT STANDARDS Minimum Net Lot Area n/a 26,250 sq. ft. 26,250 sq. ft. 70% 14% 26% Max. Building Area (18,375 sq. ft.) (3,569 sq. ft.) (6,824 sq. ft.)

Max. Floor Area Ratio (FAR)** 1.25-2* .14 .26 74.8%

BULK 80% 83.1% Max. Impervious Surface (19,622 sq. ft.) (21,000 sq. ft.) (21,814 sq. ft.) (2,169 sq. ft. reduction) Max. Building Height 65’ 37’ 21’ 20’ min. Build to Line 63’ 25’ 25’ max. 10’ min.-15’ max. or 32’ & 44’ 14’ & Minimum Side Yard 25’ max.** 25’ SETBACK Minimum Rear Yard 25’ 66’ 88’ Minimum Buffer*** 20’ 7.4’ 20’

3 parking spaces per 1,000 sq. ft. Parking (Retail) (6,126/1000 x 3 = 19 Spaces) 32 23

PARKING ****

* Base FAR in the BV is 1.25. Total FAR with density increases as set forth in § 155-219.E may not exceed 2. **The maximum dimension of the side yard setback may be increased up to 25 feet from the side lot line, where the side yard includes a vehicular driveway. *** Where a BV development abuts a residential use in a residential zoning district along a side or rear property line, there shall be a buffer area of at least 20 feet. **** 6,126 represents the proposed net retail area.

Issues

1. Architecture

Throughout the Preliminary Plan review staff has worked with the applicant to ensure that the proposal complied with the architectural design standards in the CAD-BV (Zoning Code Section 155-219.F.4), achieved a traditional storefront design, and that the building materials are complementary to the existing buildings within the Bala Village District and the surrounding neighborhood.

The Bala Village District includes a requirement for 60% glazing along the primary front façade. The applicant adjusted the interior layout of the building to provide the required amount of glazing and to ensure that the windows provided views into the store. Staff has included a condition requiring the applicant to consider consolidating the use of Hardie Plank along to the Mock-up showing relocated windows and consolidated Hardie Plank

56 eastern portion of the façade to allow for it to be effectively screened with landscaping, as shown in the graphic.

Staff has also included a condition requiring the applicant to investigate further articulating the building entrance along the primary front façade by shifting it a minimum of 2’ feet closer to the street.

During the Tentative Sketch Plan review it was recommended that the applicant consider replacing the Mountain Ledgestone Stone Veneer for a material that is less texturized and rustic in character. Staff has included a condition requiring the applicant to consider using brick to emphasize the building’s horizontality. The applicant has stated that the tenant is open the material change.

2. Landscape Plan

The proposed development is subject to the landscape requirements contained with:

• Natural Features Code Sections 101.9.A & 101-9.B; • Subdivision & Land Development Code Section 135-30 & 135-41.4; and • Zoning Code Section 155-167.7 & 155-219.C.9.

The landscape plan shows an updated streetscape that includes street trees and foundation plantings along City Avenue street frontage and buffer planting located in the rear of the property to provide separation from the adjacent residential properties.

Staff has included a condition which requires the applicant to expand the dimension of the three tree pits along the frontage of City Avenue to accommodate native perennials and grasses and to work with staff to reorient two of the benches located along City Avenue so that they face one another.

3. Traffic

In his review, the Township Engineer recommended that a post-development traffic study be conducted that evaluates the peak hour operation of the site driveway and identifies the impact of the queue from Bryn Mawr Avenue and the number of gaps available for entering and exiting left-turns during peak traffic hours. Staff has included this recommendation as a condition of approval. Staff notes if indicated to be warranted by the post-development traffic study, turn restrictions shall also be provided as directed by the Township Engineer.

Action

The Planning Commission must take the following actions for this application:

A. Provide a recommendation on the Preliminary Land Development Plan.

TOWNSHIP TOWNSHIP ENGINEER OF 75 E. Lancaster Avenue Ardmore, PA 19003 2376 LOWER MERION Telephone: (610) 645-6200 www.lowermerion.org MONTGOMERY COUNTY

LOWM 260.05 September 28, 2020

Christopher Leswing, Director of Building and Planning Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003

Re: 27 W. City Avenue—Application NO. 3853 Preliminary Plan Review

Dear Mr. Leswing:

In accordance with your request for the referenced submission, we have reviewed a set of plans prepared by Nave Newell, Inc. dated 07-31-20, last revised 09-18-20, and post construction stormwater management report dated 07-31-20, last revised 09-18-20. We offer the following comments for your consideration:

A. MAJOR ENGINEERING ISSUES

❖ Stormwater—During construction stormwater management controls shall be addressed in the calculations. The analysis is to clearly document that the worst cover condition has been considered in the calculations. Phasing of the construction may be required depending upon the evaluation. A waiver would be required for the current application, as presented.

❖ Traffic— No traffic operational (level of service) analysis has been submitted for this application, as any current data collection would likely be influenced by COVID-19 impacts to normal traffic patterns. A post-development study should be conducted that evaluates the peak hour operation of the site driveway and identifies the impact of the queue from Bryn Mawr Avenue and the number of gaps available for entering and exiting left-turns during peak traffic hours.

With resolution of the preceding major engineering issues and the other items in this letter adequately addressed, we recommend that the Preliminary Plan be approved.

B. ORDINANCE REQUIREMENTS

1. Section 101-6A(1)—All woody vegetation to be retained within twenty-five (25) feet of a building site or disturbed area shall be protected from equipment damage by fencing placed at the driplines. A detail shall be included on the plans that complies with Township Standards. If the tree protection fence is not shown at the driplines of all trees to remain, the Township Arborist must approve the location of the tree protection fence.

58 LOWM 260.05 Page 2 September 28, 2020

2. Section 101-6A(5)—No impervious cover shall be permitted within the driplines of trees to remain without approval from the Township Arborist. The Township Arborist must approve the location and extent of the paving if the impacted trees are scheduled to remain.

3. Section 101-6A(6)—Grade changes around the driplines of trees to be retained shall be minimized. Treatment of the trees prior to construction to protect the root system shall be performed. The Township Arborist must approve the procedure.

4. Section 121-15—Stormwater runoff crossing to the adjacent properties during the construction phase of the project shall be managed so that impacts to the water quality/quantity are minimized beyond the site. Diversion berms, stoned construction staging areas, and inlets/piping shall be provided to ensure acceptable conditions during the construction phase.

5. Section 121-6D—Time of concentration analysis worksheets analysis shall be provided for all analyzed, pre, during, and post-development drainage areas to ensure that proper development of each.

6. Section 121-4A(1)—During construction stormwater management controls shall be addressed in the calculations. The analysis is to clearly document that the worst cover condition has been considered in the calculations. Phasing of the construction may be required depending upon the evaluation.

7. Section 121-4E(2L)—Seepage beds shall not receive runoff until the entire contributory area to the BMP has been stabilized. This note shall be clearly indicated on the plan and in the construction sequence.

8. Section 121-4A(4)—The responsibility for the continued maintenance and operation of the detention basin and other facilities shall be the obligation of the property owner. This note shall be clearly indicated on the plan.

9. Section 121-10—No grading changes shall be shown within three (3) feet of the property line to ensure transition to the grading on the adjoining property.

10. Section 135-40—A Planning Module Exemption must be approved by the City of Philadelphia and PA DEP, or a letter of no sewer planning is required, prior to recording the Final Plan.

11. Section 135-16B(15)—Areas set aside for stormwater management during construction shall be clearly indicated.

12. Section 135-17B(1)—Reuse of existing sanitary sewer services will require video inspection to confirm adequate condition of the existing pipe(s) and appurtenances.

13. Section 121-4E(2f)—All seepage beds must contain a sediment trap accessible for maintenance.

14. Section 135-41.1(A)—Adequate water supply must be documented for the subdivision. A letter from Aqua Pennsylvania must be submitted certifying adequate supply for the proposed use.

59 LOWM 260.05 Page 3 September 28, 2020

15. Section 155-7.5C(1)—Wooded lot calculations shall be added to the plan and must be compatible with the current code. An exact tree count for the lot shall be provided on the plan. Upon removal of twenty-five (25%) percent of existing trees having a caliper of six inches or greater, appropriate replacement trees will be required. The Township Arborist must approve the size, species, and location of any required replacement trees.

16. Section 135-19B(8)—The ‘vehicle trip analysis’ should have used data from the latest version of ITE’s Trip Generation manual (10th edition) rather than the 9th edition. However, our analysis using the 10th edition data provides the same conclusion that the proposed ‘automobile care center’ use will generate less peak hour traffic than the existing ‘fast-food with drive-through’ use. The 10th edition data indicates that a typical ‘fast-food with drive-through’ use would generate 139 vehicle trips during the weekday AM peak hour, and 113 trips during the weekday PM peak hour. A typical ‘automobile care center’ use will generate 18 and 31 vehicle trips during the same peak times respectively.

17. Section 135-19B(8)—The ‘vehicle trip analysis’ letter from the applicant indicates that the corner sight distance from the site driveway is in compliance with PennDOT requirements. The actual sight lines and available sight distance dimensions are to be shown on the plan and compared to required values.

18. Section 135-19B(8)—No traffic operational (level of service) analysis has been submitted for this application, as any current data collection would likely be influenced by COVID-19 impacts to normal traffic patterns. We expect that exiting left-turn movements to City Avenue will be difficult during peak hours at this location due to periodic queues extending from the signalized intersection of City Avenue and Bryn Mawr Avenue. Our level of service estimation based upon historical traffic volume information indicates that exiting right-turns will function at an acceptable Level of Service B or better, and that exiting left-turns will function at a deficient Level of Service E/F during peak hours, yielding an overall driveway Level of Service of D or better. We recommend that a post-development study be conducted that evaluates the peak hour operation of the site driveway and identifies the impact of the queue from Bryn Mawr Avenue and the number of gaps available for entering and exiting left-turns during peak traffic hours.

19. Section 135-19B(8)—Double yellow centerline striping shall be shown at the egress access drive location.

20. Section 135-19B(8)—The existing site provides separate entrance and exit driveways to City Avenue. The proposed use intends to combine the driveways into a single entrance/exit driveway at the approximate location of the existing exit-only driveway, which is closest to the signalized intersection of City Avenue and Bryn Mawr Avenue. As such, a Pennsylvania Department of Transportation (PennDOT) Highway Occupancy Permit (HOP) is required. Additionally, as vehicles entering the site may more frequently conflict with southbound left-turning traffic at the intersection with Bryn Mawr Avenue due to the new entrance driveway location, the center-left turn lane pavement markings on City Avenue may need to be extended to the south towards Bryn Mawr Avenue to facilitate entering left-turn movements.

60 LOWM 260.05 Page 4 September 28, 2020

C. ENGINEERING COMMENTS

1. The Director of Building and Planning must approve the Lighting plan.

2. A Planting Plan must be approved by the Planning Department prior to recording the Final Plan.

3. All CMP shall be further specified as aluminum or aluminized steel.

4. Adequate spot elevations and drainage arrows shall be added to the plan.

5. The limits of the stone in the seepage bed shall be clarified. A plan detail shall be provided. Geotextile fabric shall be shown surrounding all sides of the bed.

6. Adequate distribution pipes shall be provided to adequately disperse stormwater runoff throughout the seepage bed.

7. Sidewalks must be continued across the driveway at grade.

8. A concrete apron shall be shown at the driveway access. A detail shall be added to the plan.

9. A copy of the revised plan shall be submitted with any changes highlighted. A letter shall also be provided with the revised plan indicating how each requested revision has been addressed in the re-submission.

Please advise if we may be of further assistance in this matter.

Very truly yours,

Joseph A. Mastronardo, PE PENNONI ASSOCIATES Township Engineer

Cc: Robert E. Duncan, Assistant Township Manager Nave Newell, Inc.

U:\Accounts\LOWMM\LOWM136005 - 27 W City Ave\COMMUNICATION\SENT\260.05 dtd 2020-09-28 27 W City Ave Prelim Plan ReviewJMed.docx

61 MONTGOMERY COUNTY MONTGOMERY COUNTY BOARD OF COMMISSIONERS PLANNING COMMISSION MONTGOMERY COUNTY COURTHOUSE • PO BOX 311 VALERIE A. ARKOOSH, MD, MPH, CHAIR NORRISTOWN, PA 19404-0311 KENNETH E. LAWRENCE, JR., VICE CHAIR 610-278-3722 JOSEPH C. GALE, COMMISSIONER FAX: 610-278-3941• TDD: 610-631-1211 WWW.MONTCOPA.ORG

Scott France, AICP EXECUTIVE DIRECTOR

September 2, 2020

Mr. Christopher Leswing, Director of Building & Planning Building & Planning Department Township of Lower Merion 75 East Lancaster Avenue Ardmore, Pennsylvania 19003

Re: MCPC #18‐0099‐004 Plan Name: 27 West City Avenue – Autozone (7,951 sq. ft. commercial on approximately 0.71 acres) Situate: West City Avenue (north)/east of Bryn Mawr Avenue Township of Lower Merion

Dear Mr. Leswing:

We have reviewed the above‐referenced land development plan in accordance with Section 502 of Act 247, "The Pennsylvania Municipalities Planning Code," as you requested on August 21, 2020. We forward this letter as a report of our review and recommendations.

BACKGROUND

The applicant, AZ Bala Cynwyd, LLC, proposes to demolish the existing structure on the site and construct a 7,951‐square foot retail store and 23 surface parking spaces. The proposed building will be built‐up to the sidewalk with an urban garden between the sidewalk and building frontage. Vehicular access to the parking area will be provided via a single driveway off of City Avenue along the western property line. Additional improvements shown at this time include a proposed stormwater management facility and an 8‐foot wide sidewalk and other streetscape improvements along the City Avenue frontage. The site is located in the township’s CAD‐BV City Avenue District – Bala Village zoning district. Revised plans dated August 26, 2020 were received from township staff on August 27, 2020.

COMPREHENSIVE PLAN COMPLIANCE

The Land Use Element of the 2016 Lower Merion Township Comprehensive Plan identifies this portion of the City Avenue District area as a Neighborhood Main Street. Neighborhood Main Streets are commercial

62 Mr. Christopher Leswing ‐ 2 ‐ September 2, 2020

areas that are typically located within walking distance of residential neighborhoods. In addition, the Bala Village area of the City Avenue District is identified as a Town Center in the Future Land Use Plan of the Montgomery County Comprehensive Plan, Montco 2040: A Shared Vision. Town Centers are traditional downtown areas with a mix of retail, institutional, office, and residential uses.

RECOMMENDATION

The Montgomery County Planning Commission (MCPC) generally supports the proposed land development without comment as we have not identified any significant planning issues.

CONCLUSION

The Montgomery County Planning Commission generally supports the proposed land development without comment.

Please note that the review comments and recommendations contained in this report are advisory to the municipality and final disposition for the approval of any proposal will be made by the municipality.

Should the governing body approve a final plat of this proposal, the applicant must present the plan to our office for seal and signature prior to recording with the Recorder of Deeds office. A paper copy bearing the municipal seal and signature of approval must be supplied for our files. Please print the assigned MCPC number (#18‐0099‐004) on any plans submitted for final recording.

Sincerely,

Marley Bice, AICP, Principal Planner II 610‐278‐3740 – [email protected]

c: AZ Bala Cynwyd, LLC, Applicant Denise R. Yarnoff, Applicant’s Representative Nave Newell, Applicant’s Engineer Gilbert P. High, Jr., Esq., Twp. Solicitor Ernie B. McNeely, Twp. Manager Edward P. Pluciennik, P.E., Twp. Engineer Jillian Puleo‐Dierks, Twp. Planner Holly Colello, Twp. Planning Technician Greg Prichard, Twp. Historic Preservation Planner

Attachment A: Reduced Copy of Applicant’s Proposed Site Plan Attachment B: Aerial Image of Site

63 AGENDA ITEM INFORMATION

ITEM: SECOND STAGE PLAN – 424 Devereux Drive, Villanova, Ward 6, LD# 3222L5

Consider for recommendation to the Board of Commissioners approval of a Second Stage Plan. The plan dated June 26, 2020, last revised September 18, 2020, prepared by Yohn Engineering LLC shows the construction of a new single-family dwelling with a 2,586 sq. ft. footprint with an attached 3 car garage.

Expiration Date- N/A...... Zoning-LDR1

Applicant & Owner: John Rayer Applicant's Representative: Chris Yohn

On Monday, October 5, 2020 the Planning Commission recommended approval subject to the following conditions which shall be complied with on the Final Plan:

Township Engineer’s Review:

Landscaping:

2. In accordance with the land development agreements, buffer planting of twenty-five (25) feet shall be provided between the proposed stormwater facilities and the rear property line. A combination of the existing vegetation and proposed additional screening material shall be provided.

3. A Planting Plan shall be submitted and approved by the Planning Department. A post construction site evaluation shall be completed to determine if modifications to the screening is warranted.

4. Any landscaping shown on the approved landscape plan on this lot shall be shown on the plan.

5. The Non-Disturbance Areas shall not be disturbed for the construction of the proposed development.

Stormwater Management:

6. Based on existing conditions the applicant will explore supplemental stormwater features to enhance the proposed stormwater design.

7. No specimen trees shall be removed for the construction of the stormwater system.

8. The distance from the proposed seepage bed to the structure shall be dimensioned on the plan.

Utilities:

64 9. The new single-family dwelling requires a new sanitary sewer connection which will eventually drain into the Township Public Sanitary Sewer System for treatment. A permit shall be acquired, and appropriate fees paid before proceeding with construction of the sewer connection.10. The applicant shall provide documentation of the ownership of the sanitary sewer pipe and their ability to tie into the conveyance line.

11. Maintenance responsibilities for the existing level spreader and conveyance line shall be clarified. Any easements shall be dimensioned and shown.

Construction Details: 12. The applicant shall conduct regular street cleaning of all roadways adjacent to active portions of the construction site. Staff shall have the right to order street cleaning more often if there is evidence of construction related debris in the roadway during the project.

13. The applicant shall submit a parking plan with the permit detailing where construction vehicles will be parked. The plan shall be subject to the approval of the Township prior to the issuance of any permits.

14. All construction-related vehicles shall be parked on site or at a remote site not in the neighborhood. No construction-related vehicles may park on the street or the shared driveway. This includes personal vehicles operated by construction workers or vehicles operated for construction workers, material suppliers, product vendors, and all construction trades engaged in the project.

15. Any damage and repairs to the existing common drive as a result of construction activities shall be the responsibility of the applicant.

Standard Conditions of Approval:

16. The applicant shall consider implementing standard green infrastructure elements including the addition of surface infiltration basins for stormwater management, addition of 240V line for future Level-2 EV charging station in or near garage, alternatives to natural gas heating, and porous /permeable pavement and walkways.

17. Three copies of the revised plan shall be submitted with any changes highlighted. A letter shall also be provided with the revised plan indicating how each requested revision has been addressed in the re-submission.

18. The proposed home shall have an approved address number placed in a position that is plainly legible and visible from the street fronting on the property. The address numbers shall be a minimum of four (4) inches (102mm) high with a minimum stroke width of 0.5 inch (12.7mm).

19. The owner shall make payment of fees and expenses of the Township’s professional consultants who perform services on behalf of the Township with respect to these plans and the work contemplated thereunder and will establish and maintain with the Township those escrows for the payment of such fees required by Township Code. Owner agrees that any statement from the Township for such fees which remain unpaid for a period of 30 days may be recorded against the property as a municipal lien.

21. The property owner(s) shall comply with all applicable federal, state, county local and Lower Merion Township ordinances and laws regardless of specific mention herein.

65 PUBLIC COMMENT ATTACHMENTS: Description Type Issues Briefing Backup Material Township Engineer's Review Backup Material

66 4.

October 2, 2020

TO: Planning Commission Members

FROM: Colleen Hall, Planner- GIS Technician, Department of Building & Planning

SUBJECT: SECOND STAGE PLAN – 424 Devereux Drive, Villanova, PA, LD# 3222L5, Ward 6.

Proposal The applicant and owner, John Rayer, is seeking Second Stage Plan approval for the following:

• Construction of a new single-family dwelling with a 2,586 sq. ft. footprint with an attached 3 car garage.

The proposal is illustrated on the attached four sheet plan set dated June 26, 2020, last revised September 18, 2020, prepared by Yohn Engineering LLC.

424 Devereux Drive

Devereux Drive

Property Description

The 29,818 sq. ft. (0.68 acre) property is located along a shared driveway in Villanova. The property is currently zoned Low Density Residential 1 (LDR1). The property is accessed from a common driveway that extends from Devereux Drive. The subject property is currently unimproved and was created in the 15-lot subdivision of 1801 W. Montgomery Avenue - The Devereux Foundation, which was approved in 1996. The lot submitted for approval is within Parcel “A” as described below, and is the last remaining lot in that portion of the property. Proposed 424 Devereux Drive

Background

67 The original property was the former estate of Arthur and Jadwiga Edwards, a 33.5-acre tract of land in Villanova, the subdivision of which was ultimately approved in 1996. The original plan for subdivision was submitted in May 1990 for thirty-three (33) residential lots. This plan was denied by the Board of Commissioners and appealed by the applicant to the common pleas court. In 1995, the original applicant assigned their rights to this plan to the Devereux Foundation. At that time, the Devereux Foundation and a group of developers filed a twenty-four (24) lot subdivision, which was also denied by the Board of Commissioners. The twenty-four (24) lot subdivision was also appealed to the common pleas court which ultimately ordered that the plan be approved. The final outcome of this lengthy process was a Settlement Plan, which is the current condition of the property and described below as the Parcel "A", "B” and "C" configuration.

Devereux Foundation Plan. The tract was considered as three parts, referred to on the development plans and herein as Parcels "A", "B” and "C".

• Parcel ''A" consists of 13.7 acres fronting on Montgomery Avenue. This parcel has been subdivided into residential Lots #1 through #6, for six (6) homes, and Lot #16, which remains undeveloped. Parcel "A" contains the historic wrought iron and granite entry gates from the original estate. The current second stage approval is for Lot #5 within Parcel A and the last remaining lot of the development. Lots #1 and #3 were consolidated into one lot for the single-family development on 400 Devereux Drive.

• Parcel "B" consists of the central 10.7 acres, which contain the estate house, "After All", and the frame hunting lodge, "Northwick". Northwick dates from 1885, and is listed as "notable" on Lower Merion Township's Historic Resource Inventory. The estate house dates from before 1925. An accessory structure, a stone well house, is sited between the two houses. The property owner opted out of the Inventory listing in 2000, therefore the structures are eligible but not regulated by the Historic Commission.

This parcel was developed as the Arthur O. Edwards Center of the Devereux Foundation. The two renovated buildings serve as the Foundation's educational facility for their staff. The Devereux organization was established in 1912 and incorporated as a not-for-profit foundation in 1938. Its mission is to provide high quality human services to children, adults, and families with special needs which derive from behavioral, psychological, intellectual or neurological impairments. This parcel is also referred to as Lot #17.

• Parcel "C" consists of 9.1 acres fronting on Old Gulph Road. This parcel has been subdivided into residential Lots #7 through #15, for a total of nine (9) homes. Together, Parcels "A" and "C" comprise the private residential development, subject to an Homeowners' Association for the maintenance of the common areas. Parcel "C" contains the Magnolia Allee, remnants of the former carriage track and a pair of wrought iron gates. 2

The approval of the original subdivision predates the Open Space Preservation District (OSPD). The OSPD is an overlay district on all properties within the Township that are five-acres or greater which are both residentially zoned and are proposed to be developed with residential uses. The OSPD was enacted in December of 1990 to provide protection of environmental and historic resources on large estates undergoing conversion to residential subdivisions. This development was one of the estate conversions that the Township was facing at this time and was one of the bases for developing the OSPD principles of conservation subdivision design.

Although the final Settlement Plan was not developed under the OSPD overlay, it was able to incorporate conservation design principles by clustering the single-family homes while including larger areas of Non- disturbance Areas (NDAs) that cannot be developed (shown in green on the Devereux Plan), and the preservation and repurposing of the estate house and structures for the Devereux Foundation on one larger lot.

Environmental Advisory Council (EAC) The EAC reviewed the plan at the July 16, 2020 Land Development Committee (LDC) meeting. The EAC raised questions regarding the maintenance of the stormwater system, which will be the private property owner responsibility not the Homeowners Association. The proposed system is private and not a common stormwater system. Additional comments were incorporated into the formal LDC comments and addressed in a letter by the applicant’s representative dated August 21, 2020.

Zoning The following table details the bulk, area and setback requirements for the existing and proposed conditions.

LDR1 Zoning District* Existing Proposed Lot 1 Minimum Net Lot Area (sq. ft.) 90,000 SF 29,817 SF 29,817 SF Minimum Lot Width 200 ft 59 ft 59 ft* Maximum Building Area n/a n/a n/a Minimum Front Yard 100 ft 0 84.9 ft* Minimum Side Yard & 20 ft 0 15 ft/44 ft Aggregate Side yard Minimum Rear Yard 25 ft 0 84.7 ft Maximum Impervious Surface 20%** 145 SF 5,070 SF (17%) Maximum Building Height 35 ft n/a less than 35ft *LDR1 regulations are provided for reference, the Settlement agreement dictates that the future approvals shall follow the codes in effect in 1990. No specific setbacks, lot size and shape requirements, lot width and frontages requirements shall be imposed except for the fifty (50) foot perimeter setback. ** The total impervious surface shall not exceed 21% on each of the three Parcels (A-C), and the estimated impervious surface was allocated for each lot on the Settlement Plan. The proposed for Lot #5 was 11,635 SF. The total impervious for Parcel A was 122,523 SF (21%), currently (including this proposed lot), the total impervious for Parcel A is 80,105 SF.

The chart below provides details for this proposed house and how it relates to the previously built houses for this subdivision. The proposal is the smallest building footprint and the lowest impervious surface as compared to the existing homes on Devereux Drive. The single-family home construction is consistent with the original subdivision proposal.

DEVEREUX DRIVE LOTS (Lot Area) House Impervious Impervious Surface Footprint Surface Built Allocated Lot 1 (400) 111,999 24,382* Lot 3 (400)*(Consolidated Lots) 54,892 4,595 24,686 12,507* Lot 2 (404) 68,673 4,400 11,756 20,191 Lot 4 (420) 49,431 3,350 8,864 14,348 Lot 5 (424) 29,818 2,586 5,070 11,635 Lot 6 (430) 92,470 4,271 17,182 28,874 Lot 16 (NDA) 168,032 n/a n/a 12,588 Total Parcel A: 575,315 67,558 124,525 Total Impervious Surface (%) 11.7% 21%

Issues

Settlement Stipulation for the Stormwater Management System

A condition of the settlement is listed below:

Stormwater management systems shall only be allowed within the fifty (50) foot perimeter setback if not in the Non- Disturbance Area and if: no specimen trees are impacted; or there is at least twenty-five (25) feet in which to screen adjoining residences from the new development.

The proposal would need to demonstrate compliance with this condition. Staff has added conditions that address this settlement stipulation.

Relief

The application does not require relief from the any Code sections.

Action

The Planning Commission must take the following action for this application:

1. Provide a recommendation on the Second Stage Plan

TOWNSHIP TOWNSHIP ENGINEER OF 75 E. Lancaster Avenue Ardmore, PA 19003 2376 LOWER MERION Telephone: (610) 645-6200 www.lowermerion.org MONTGOMERY COUNTY

LOWM 259.63 September 28, 2020

Christopher Leswing, Director of Building and Planning Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003

Re: 424 Devereux Drive Second Stage Plan Review

Dear Mr. Leswing:

In accordance with your request for the referenced submission, we have reviewed a set of four (4) plans prepared by Yohn Engineering, LLC dated 06-26-20, last revised 09-18-20, and associated stormwater management calculations dated 06-26-20, last revised 09-18-20. We offer the following comments for your consideration:

A. MAJOR ENGINEERING ISSUES

❖ None.

As there are no major engineering issues, and the remaining comments in this letter incorporated, we recommend that the Second Stage Plan be approved.

B. ORDINANCE REQUIREMENTS

1. Section 101-6A(1)—All woody vegetation to be retained within twenty-five (25’) feet of a building site or disturbed area shall be protected from equipment damage by fencing placed at the driplines. Since the tree protection fence has not been shown at the driplines of all trees to remain, the Township Arborist must approve the location of the tree protection fence shown on the plan.

2. Section 101-6A(5)—No impervious cover shall be permitted within the driplines of trees to remain without approval from the Township Arborist. The Township Arborist must approve the location and extent of any surface if the impacted trees are scheduled to remain.

3. Section 101-6A(6)—Grade changes around the driplines of trees to be retained shall be minimized. Impacted trees shall be clearly identified on the plan. Treatment of the impacted trees prior to construction to protect the root system shall be performed if/as directed by the Township Arborist. The Township Arborist must also approve the procedure.

71 LOWM 260.05 Page 2 September 28, 2020

4. Section 101-6A(8)—Should any trees not scheduled or permitted to be removed be irreparably damaged during construction and die within eighteen (18) months of the conclusion of construction activities, those trees will be required to be replaced in accordance with the provision of Section 101-9A(2). Escrow shall be posted to guarantee the survival of the impacted trees until the allotted time has expired.

5. Section 101-6B(2)—If trenches for utilities and/or storm facilities are proposed within the driplines of trees, all disturbed roots must be cut as cleanly as possible. The trench must be backfilled as quickly as possible, avoiding compaction. Tree limbs must be cut back in proportion to the root area loss. This shall be made a condition of any approval.

6. Section 155-8.5(1a)—Driveways are limited to ten (10’) feet in width between the property and building setback lines.

C. ENGINEERING COMMENTS

1. The distance from the proposed seepage bed to the structure shall be dimensioned on the plan.

2. The new single-family dwelling will require a new sanitary sewer connection which will eventually drain into the Township Public Sanitary Sewer System for treatment. A permit must be acquired, and appropriate fees paid before proceeding with construction of the sewer connection.

3. In accordance with the land development agreements, buffer planting must be provided between the stormwater facilities along the property line. A Planting Plan must be approved.

4. Maintenance responsibilities for the existing level spreader and conveyance line shall be clarified. Any easements shall be dimensioned and shown.

Please advise if we may be of further assistance in this matter.

Very truly yours,

Joseph A. Mastronardo, P.E. PENNONI ASSOCIATES Township Engineer

Cc: Robert E. Duncan, Assistant Township Manager Yohn Engineering, LLC John Rayer, P.O. Box 542, Drexel Hill, PA 19026

72 AGENDA ITEM INFORMATION

ITEM: REQUEST TO AMEND A CONDITION OF APPROVAL - 250 Haverford Road, Wynnewood, Penn Wynne Elementary School

Consider for recommendation to the Board of Commissioners a request to amend a condition of approval from 2018 to allow the existing modular classrooms to remain on the site for an additional three years:

The modular classroom shall be removed from the site by June 30, 2020 June 30, 2023. The applicant may seek an extension of this deadline by submitting a request to the Board of Commissioners sixty days prior to the expiration date. In addition, if necessary, the application fee for an additional extension in two years shall be waived. PUBLIC COMMENT ATTACHMENTS: Description Type Issue Briefing - 250 Haverford Rd Issue Briefing

73 TOWNSHIP OF LOWER MERION Building and Planning Committee

Issue Briefing

Topic: 250 Haverford Road, Wynnewood, Penn Wynne Elementary School, Ward 14

Prepared By: Chris Leswing, Director, Building and Planning Department

Date: October 7, 2020

I. Action To Be Considered By The Board:

To amend a condition of approval related to the time in which the modular classrooms may remain on the site.

II. Why This Issue Requires Board Consideration:

The Board of Commissioners must review and render decisions on all requests to amend conditions of approval.

III. Current Policy Or Practice (If Applicable):

N/A

IV. Other Relevant Background Information:

The Board of Commissioners approved a Waiver of Land Development Plan on March 16, 2016. The Plan showed the installation of a 4,743-square foot modular building on the property containing four classrooms. The Board also approved a Conditional Use application to hold the ten (10) parking spaces required for the classrooms in reserve.

The following condition was imposed on the 2016 Waiver of Land Development Plan:

• The modular classroom shall be removed from the site within two years of its installation. The applicant may seek an extension to this deadline by submitting a request to the Board of Commissioners prior to the two-year expiration date.

The expiration date by which the classrooms were required to be removed from the site was August 25, 2018. On July 18, 2018 the Board of Commissioners approved the following amended language:

• The modular classroom shall be removed from the site by June 30, 2020. The applicant may seek an extension of this deadline by submitting a request to the Board of Commissioners sixty days prior to the expiration date. In addition, if necessary, the application fee for an additional extension in two years shall be waived.

The applicant seeks to again amend the condition above to allow the classrooms to remain on the site for an additional three years or until June 30, 2023. This request was tabled from the June 10, 2020 Building & Planning Committee Meeting.

In addition, the amendment being sought by the applicant there are currently three relevant pending land development plans for Penn Wynne Elementary which are outlined below:

Application 3862 – Plan 1: Tentative Sketch Application (expires 12/31/2020) By-Right Plan • Removal of the existing modular building classrooms; • Installation of 55 parking spaces along Suffolk Lane; • Construction of one 4,400 sq. ft. hard surface play area; • Installation of 30 parking spaces along Trent Road; • Installation of 10 parking spaces currently held in reserve near the intersection of Drayton Lane and Haverford Road; • Construction of a concrete landing connecting to porous paths on the north side of the school building, • Construction of several porous asphalt pathways; and • Conversion of some existing pedestrian paths to porous asphalt.

Applications 3863 & 3863C – Plan 2: Tentative Sketch & Conditional Use Application (expires 1/29/21) Requires ZHB before proceeding • Removal of the existing modular building classrooms; and • Construction of two hard surface play areas including: o One play area is proposed to be 5,600 sq. ft. located on the west side of the existing school building; and o Second play area is proposed to be 567 sq. ft. located on the west side of the existing school building. • The plan also shows the installation of 10 parking spaces currently held in reserve near the intersection of Drayton Lane and Haverford Road. This application also requires Conditional Use approval to hold 15 parking spaces and the required stormwater management facility for those spaces in reserve near the current location of the existing modular classroom building.

The applicant also seeks Zoning Hearing Board approval. A hearing is scheduled on October 22, 2020 to not install 25 of 50 required parking spaces (Appeal 4505).

Applications 3864 & 3864C – Plan 3: Tentative Sketch & Conditional Use Application (expires 1/29/21) Requires ZHB before proceeding • Removal of the existing modular building classrooms; • Construction of two hard surface play areas including: o One play area is proposed to be 2,527 sq. ft. located on the west side of the existing school o Second play area is proposed to be 4,400 sq. ft. located on the west side of the existing school building. • The plan also shows the installation of 10 parking spaces currently held in reserve near the intersection of Drayton Lane and Haverford Road.

75 This application also requires Conditional Use approval to hold 15 parking spaces in reserve along the Haverford Road frontage and the required stormwater management facility for those spaces in reserve near the current location of the modular classroom building.

The applicant also requires Zoning Hearing Board approval. A hearing is scheduled on October 22, 2020 to not install 25 of 50 required parking spaces (Appeal 4504).

In 2016 Lower Merion School District (LMSD) was granted Waiver of Land Development Approval to install the modular classrooms. The land development approval was accompanied by Conditional Use approval to hold the additional parking required for the modular classrooms in reserve. The traffic study that accompanied the Conditional Use approval included a footnote that a small number of off hours cleaning staff and visitors were not included in the required parking calculations. The Conditional Use approval did not require parking to address staff/visitors identified in the Traffic Study footnote.

It has come to the Township’s attention that additional students and staff have been added to the school but they were not all included in the temporary classroom application in 2016 The additional students and staff were the result of internal facility modernizations to address enrollment growth. As a result of ongoing internal modernization and the additional students and staff, the school is deficient in required parking per the zoning code. The parking zoning violation is not necessarily directly related to the modular classrooms but to overall student and facility growth on the entire campus and throughout the entire School District. It should be noted that the parking deficiency resulting from increased student enrollment will likely be resolved in the fall of 2022 with the shifting of an entire grade from Penn Wynne Elementary to the new middle school.

After being notified by the Township of the parking discrepancy LMSD submitted the three plans to correct the identified parking deficiency.

Two of the plans (3863 & 3864) require Zoning Heard Board approval and have been scheduled for review by the Zoning Hearing Board on October 22, 2020. The remaining ‘By Right’ plan proposes addressing the parking deficiency by constructing a large parking area on the back field near where the modular classrooms are currently located.

It is staff’s opinion that the Township, the School District and the Penn Wynne community all would prefer the opportunity to develop an alternative plan that preserves the existing field/open space along Trent Road while providing additional parking and the potential for modest future building expansion opportunity in a more appropriate area of the campus.

Regulating the appropriate location of future modernizations is central to resolving ongoing issues with institutional educational uses within the Township. Staff is planning to present solutions to address township-wide institutional educational issues in early 2021. Staff anticipates that the strategies developed to address other local school campus modernizations may be applied to resolve future expansion issues at Penn Wynne.

V. Impact On Township Finances:

Successful resolution of this application as outlined in this memo has no impact on Township finances.

VI. Staff Recommendation:

It is staff’s recommendation that the request to extend the temporary classrooms be deferred until there is a better understanding of the long-term facility implications at the PWES once the new school in Villanova is built. Deferral by the Township on the Modular Classroom approval will require an extension of the Zoning Appeals and Land Development applications by the LMSD. Deferral of action will provide time for the Township, School District and Penn Wynne neighbors to develop a resolution to concerns over future development on the campus.

77 AGENDA ITEM INFORMATION

ITEM: HISTORICAL COMMISSION - 601 North Ithan Avenue, Bryn Mawr, Beaumont, Class 2, 2020- R-26

Consider for recommendation to the Board of Commissioners approval to re-clad non-historic structures on the property with new materials. The work will not impact the resource but will be adjacent to it.

On September 29, 2020, the Historical Commission recommended approval of the application as submitted, finding the changes will have very little impact on the historic resource based on their location and visibility, some being completely internal to the building complex. PUBLIC COMMENT ADDITIONAL INFORMATION:

The Commission also found that changes that are external have a reduced view and are reversible in the opinion of the Commission.

78 AGENDA ITEM INFORMATION

ITEM: HISTORICAL COMMISSION - 541 Oriole Lane, Villanova, Briar Crest, Class 2, 2020-R-23

Consider for recommendation to the Board of Commissioners approval to install rooftop solar panels on several southwest-facing sloping roof surfaces.

On September 29, 2020, the Historical Commission recommended approval of the application to move three panels on the southeast end of the house to a rear gable citing compliance with Secretary of the Interior's Standard 9, subject to the applicant submitting drawings showing the final configuration for staff review. PUBLIC COMMENT ADDITIONAL INFORMATION:

The Commission believes that the installation as shown represents the least possible impact on the primary elevations of the resource.

79 AGENDA ITEM INFORMATION

ITEM: HISTORICAL COMMISSION - 1333 Youngsford Road, Gladwyne, Class 1, 2020-R-24

Consider for recommendation to the Board of Commissioners approval of an application to add a window to the third floor gable end between two existing windows.

On September 29, 2020, the Historical Commission recommended approval of the application as presented, subject to the applicant providing product information on the windows and additional notes on the final drawings for staff review. PUBLIC COMMENT

80 AGENDA ITEM INFORMATION

ITEM: HISTORICAL COMMISSION - 50 Lapsley Lane, Merion Station, Barnes Foundation, Class 1, 2020-R-25

Consider for recommendation to the Board of Commissioners approval to make various renovations and repairs to the building.

On September 29, 2020, the Historical Commission recommended approval of the building envelope restoration work, with a subcommittee to review the final details. PUBLIC COMMENT ADDITIONAL INFORMATION:

A portion of the application to install an ADA ramp at the building's front entrance was tabled by the Commission.

81 AGENDA ITEM INFORMATION

ITEM: CERTIFICATE OF APPROPRIATENESS - 414 Berkley Road, Haverford, Haverford Station Historic District, 20-18

Consider for recommendation to the Board of Commissioners approval to to install a fence and gate along the frontage of the property.

On October 6, 2020, the HARB recommended approval of the application citing Secretary of the Interior's Standard 10 and subject to compliance with the Zoning Code. PUBLIC COMMENT

82 AGENDA ITEM INFORMATION

ITEM: CERTIFICATE OF APPROPRIATENESS - 607 Loves Lane, Wynnewood, English Village Historic District, 20-17

Consider for recommendation to the Board of Commissioners approval to install an emergency electrical generator at the rear of the residence which faces Loves Lane.

On October 6, 2020, the HARB recommended approval of the application, with plant screening by Loves Lane to be maintained, citing Secretary of the Interior's Standard 10. PUBLIC COMMENT