215-345-7966 BLUM-MOORE REPORTING SERVICES, INC. 1 BEFORE NEW HOPE BOROUGH COUNCIL in Re: Special Meeti
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1 BEFORE NEW HOPE BOROUGH COUNCIL In Re: Special Meeting - - - - MONDAY, NOVEMBER 5, 2018 - - - - A public meeting was held at the Borough Municipal Building, 125 New Street, New Hope, Pennsylvania 18938, commencing at 7:00 p.m. on the day and date above set forth, before Tara Wilson, Professional Reporter and Notary Public in and for the Commonwealth of Pennsylvania. - - - - BLUM-MOORE REPORTING SERVICES, INC. 350 SOUTH MAIN STREET, SUITE 203 DOYLESTOWN, PENNSYLVANIA 18901 (215) 345-7966 BLUM-MOORE REPORTING SERVICES, INC. www.blummoore.com 215-345-7966 2 4 1 BOROUGH COUNCIL: 1 MS. KINGSLEY: I'd like to call the 2 Mayor Laurence D. Keller 2 meeting to order. All rise for the pledge of Alison Kingsley, President 3 Connie Gering, Vice-President 3 allegiance. Tina Leifer Rettig (Late arrival) 4 (Pledge of allegiance was recited.) 4 Peter Meyer Ken Maisel 5 MS. KINGSLEY: One special 5 Dan Dougherty 6 announcement, they'll be an executive session 6 E.J. Lee, Borough Manager 7 after this meeting. T.J. Walsh, Esquire, Solicitor 7 8 Tonight's meeting is for the purpose of ALSO PRESENT: 9 hearing the zoning application for the Mansion 8 10 Inn. Chief Michael Cummings 9 New Hope Police Department 11 UNIDENTIFIED SPEAKER: Can't hear you. 10 Jim Ennis, Borough Zoning Officer 12 MS. KINGSLEY: The purpose of tonight's 11 Curtin & Heefner, LLP 13 By Paul Cohen, Esquire meeting is to the hearing the zoning application 12 1040 Stony Hill Road 14 for the Mansion Inn. And our solicitor T.J. Suite 150 15 Walsh, will frame the purpose and the function of 13 Yardley, PA 19067 For the Applicant - Mansion Inn 16 the meeting this evening. 14 17 MS. LEE: Yes, I will take roll. 15 18 Let's start with Mayor Keller. 16 17 19 MAYOR KELLER: Here. 18 20 MS. LEE: Vice-president Gering? 19 21 20 MS. GERING: Here. 21 22 MS. LEE: Mr. Maisel? 22 23 MR. MAISEL: Here. 23 24 24 MS. LEE: Ms. McHugh? 25 25 MS. McHUGH: Here. BLUM-MOORE REPORTING SERVICES, INC. BLUM-MOORE REPORTING SERVICES, INC. www.blummoore.com 215-345-7966 www.blummoore.com 215-345-7966 3 5 1 A G E N D A 1 MS. LEE: Mr. Dougherty? PAGE 2 MR. DOUGHERTY: Here. 2 3 MS. LEE: Mr. Meyer? 1. Call to order, Pledge of Allegiance.........4 3 4 MR. MEYER: Here. 2. Mansion Inn - ZHB Application...............5 5 MS. LEE: Ms. Rettig is not here. 4 6 MS. GERING: She'll be here in five 3. Public Comment................................ 7 minutes. 5 8 MS. LEE: Okay. Council President 4. Adjournment................................138 6 9 Kingsley? 7 10 MS. KINGSLEY: Here. 8 11 MS. LEE: We also have here with us 9 12 solicitor T.J. Walsh, our zoning officer Jim 10 13 Ennis and the Chief of Police in the back, Chief 11 12 14 Cummings. I believe that's everyone and lots of 13 15 people in the audience. 14 16 MS. KINGSLEY: Mr. Walsh? 15 17 MR. WALSH: Thank you, President 16 18 Kingsley. 17 18 19 Good evening, everyone. This is a 19 20 continued discussion with the applicant of -- who 20 21 has already appeared before the zoning hearing 21 22 board for a zoning hearing board application they 22 23 submitted back around Labor Day. So everybody is 23 24 24 aware, I'm going to try to do this in as plain 25 25 English as possible without going on and on; but BLUM-MOORE REPORTING SERVICES, INC. BLUM-MOORE REPORTING SERVICES, INC. www.blummoore.com 215-345-7966 www.blummoore.com 215-345-7966 2 (Pages 2 to 5) 6 8 1 I'm probably going to violate both of those 1 ultimately come from, from the zoning hearing 2 promises right off the bat. 2 board. 3 The zoning hearing board is a 3 The reason the council couldn't take an 4 standalone body in the borough and is a 4 official position on the zoning hearing board 5 standalone board in every municipality. It makes 5 application when it first opened, whenever the 6 decisions on applications that come before it for 6 hearing date was, is because the applicant 7 variances, maybe some of you in the room have 7 appeared to discuss their application before that 8 actually had to appear before the zoning hearing 8 zoning hearing board started. They appeared 9 board either one time or another. The council is 9 before this council and the discussion got going, 10 not -- no member of this council is a member of 10 but it didn't finish. Council never got to the 11 that zoning hearing board and that's the way it 11 point where they voted or brought to a head, I 12 is in every municipality. So the ultimate ruler 12 guess, the question whether they were going to 13 or decider, if you will, on the application that 13 take a position on the application and they 14 is going to be discussed here tonight, is not 14 actually asked the applicant to come back to 15 this board, is not council; it is the zoning 15 their next meeting, which was the regularly 16 hearing board. Who, as I said, has already had 16 scheduled work session meeting, whatever day that 17 one hearing on this application. I don't know 17 was, early in October I guess. And that meeting 18 the date of that. It was before -- I don't know 18 did not occur for lack of a quorum, they didn't 19 when that was -- 19 know there wasn't going to be a lack -- no one 20 MR. COHEN: October 11. 20 knew there was not going to be a quorum before it 21 MR. WALSH: -- but the next one is 21 happened, but it ultimately didn't progress 22 November 15th. So if any of you are interested 22 because there was no quorum. So the zoning 23 in really hearing the presentation and the 23 hearing board hearing was scheduled, it went 24 testimony of the applicant, that's the hearing 24 ahead. 25 you should go to. The limited purpose of this 25 (Ms. Rettig arrived at the meeting.) BLUM-MOORE REPORTING SERVICES, INC. BLUM-MOORE REPORTING SERVICES, INC. www.blummoore.com 215-345-7966 www.blummoore.com 215-345-7966 7 9 1 hearing tonight is for council to continue its 1 MR. WALSH: And council has not had a 2 discussion that they started with the applicant 2 chance to conclude that discussion with the 3 back before the opening of the zoning hearing 3 applicant to see if they're going to -- council's 4 board hearing, to determine whether council had 4 going to take a position or not before the zoning 5 any comments, objections, feedback and ultimately 5 hearing board opened the hearing, so that's why 6 to decide if council is going to take a position 6 they are back here tonight. And hopefully I 7 yea, nay or no position on the application that's 7 haven't lost everybody, but -- one other thing I 8 pending before the zoning hearing board. 8 should say is, depending on where this -- 9 That's the only thing that this council 9 depending on where the application goes in front 10 has the ability to do tonight, is to decide 10 of the zoning hearing board meeting, whether it's 11 officially as a council whether they want to vote 11 approved, it's denied, whatever the case might 12 to oppose the application, do nothing -- they're 12 be, if it ultimately progresses, it would -- 13 not obligated to do anything -- or if they want 13 there are other aspects of the project that 14 to do something in the middle, maybe suggest that 14 require different submissions to the borough. 15 the zoning hearing board when it rules, consider 15 There is what's called a land development 16 conditions, consider some facts, consider some 16 application. A land development is building 17 possible options. 17 things, zoning hearing board is typically using 18 So if anybody here thinks that coming 18 things. A land development application would 19 to this meeting tonight would satisfy any 19 come in at some later point in time, has not been 20 questions or address any issues you want to raise 20 submitted. 21 before the zoning hearing board, I just want to 21 There would also be a historic district 22 make sure you still have that opportunity to go 22 application, this is in a historic district, you 23 on the 15th. You should pursue that if you're 23 have to get a COA. Anybody who's ever owned 24 serious and if you really want those questions 24 property in the borough know you want to do 25 answered because that is where the decision will 25 anything to your property in the historic BLUM-MOORE REPORTING SERVICES, INC. BLUM-MOORE REPORTING SERVICES, INC. www.blummoore.com 215-345-7966 www.blummoore.com 215-345-7966 3 (Pages 6 to 9) 10 12 1 district, you have to go to the HARB. You get a 1 council about the number of seats that were being 2 recommendation from HARB, you come here and you 2 proposed for the restaurant. There were concerns 3 submit a land development application, you get a 3 about parking.