TOWNSHIP OF LOWER MERION BUILDING AND PLANNING Wednesday, February 24, 2021 COMMITTEE 6:00 PM (Approximately) Chairperson: Joshua L. Grimes,Todd M. Sinai Vice Chairperson: Sean P. Whalen AGENDA 1. AUTHORIZATION TO ADVERTISE A PROPOSED ORDINANCE - CHAPTER A180, HISTORIC RESOURCE INVENTORY - 39 Fairview Road, Penn Valley 2. CONDITIONAL USE APPLICATION – 318 N. Ithan Avenue, Bryn Mawr, Ward 6, 3870C. 3. TENTATIVE SKETCH SUBDIVISION PLAN - 318 N. Ithan Avenue, Bryn Mawr, Ward 6, 3870. 1 AGENDA ITEM INFORMATION ITEM: AUTHORIZATION TO ADVERTISE A PROPOSED ORDINANCE - CHAPTER A180, HISTORIC RESOURCE INVENTORY - 39 Fairview Road, Penn Valley Consider for recommendation to the Board of Commissioners authorizing the Township Secretary to advertise a Public Hearing and notice of intent to adopt an Ordinance, to amend the Code of the Township of Lower Merion, Chapter A180, Historic Resource Inventory, to add 39 Fairview Road to the Historic Resource Inventory as a Class II Resource. PUBLIC COMMENT ATTACHMENTS: Description Type Issue Briefing Issue Briefing Draft Ordinance Ordinance 2 TOWNSHIP OF LOWER MERION Building & Planning Committee Issue Briefing Topic: Historic Resource Inventory Amendment Prepared By: Greg Prichard, Historic Preservation Planner Date: February 17, 2021 I. Action To Be Considered By The Board: Authorize the Township Secretary to advertise a Public Hearing and notice of intent to adopt an Ordinance, to amend the Code of the Township of Lower Merion, Chapter A180, Historic Resource Inventory, to add 39 Fairview Road to the Historic Resource Inventory as a Class II Resource. II. Why This Issue Requires Board Consideration: Historic Resource Inventory amendments must be reviewed and approved by the Board of Commissioners. III. Current Policy Or Practice (If Applicable): N/A IV. Other Relevant Background Information: On December 21, 2020, the Historical Commission reviewed an application to add this property to the Historic Resource Inventory as a Class II resource, using the designation criteria adopted by the Board of Commissioners on July 18, 2018. The Commission voted to recommend the designation citing criteria 1, 7 and 8, which meets the threshold for Class II designation. The code requires a property to meet at least two criteria to be eligible for a Class II designation. Those criteria are as follows: 1. Has significant character, interest or value as part of the development, heritage or cultural characteristics of the Township, county, region, commonwealth or nation or is associated with the life of a person significant in the past; 7. Embodies distinguishing characteristics of an architectural style, engineering technology, construction or building method, or material fabrication technique; 3 8. Is the noteworthy work of a designer, architect, landscape architect or engineer whose work has significantly influenced the historical, architectural, economic, social or cultural development of the Township, county, region, commonwealth or nation. V. Impact on Township Finances: There is no impact on Township finances. VI. Staff Recommendation: Staff recommends that the Board of Commissioners amend the HRI and designate the property at 39 Fairview Road as a Class II resource. 4 AN ORDINANCE NO. AN ORDINANCE, To Amend the Code of the Township of Lower Merion, Chapter A180, Historic Resource Inventory, To Add 39 Fairview Road To The Historic Resource Inventory as a Class II Resource. The Board of Commissioners of the Township of Lower Merion hereby ordains: Section 1. The Code of the Township of Lower Merion, Chapter A180, Historic Resource Inventory, shall be amended to correct a printing error by removing the following: ID Number Address Class NA038 39 Fairview Road Class 2 Section 2. Nothing in this Ordinance or in Chapter A180 of the Code of the Township of Lower Merion, as hereby amended, shall be construed to affect any suit or proceedings in any Court, any rights acquired or liability incurred, any permit issued, or any cause or causes of action existing under the said Chapter A180 prior to the adoption of this amendment. Section 3. The provisions of this Ordinance are severable, and if any section, sentence, clause, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any Court of competent jurisdiction, such decision of this court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this ordinance. It is hereby declared to be the intent of the Board that this ordinance would have been adopted if such illegal, invalid, or unconstitutional section, sentence, clause, part, or provision had not been included herein. Section 4. This Ordinance shall take effect and be in force from and after its approval as required by law. Approved by the Board this day of , 2021. BOARD OF COMMISSIONERS OF THE TOWNSHIP OF LOWER MERION ___________________________ Daniel S. Bernheim, President ATTEST: ___________________________________ Jody L. Kelley, Township Secretary 5 AGENDA ITEM INFORMATION ITEM: CONDITIONAL USE APPLICATION – 318 N. Ithan Avenue, Bryn Mawr, Ward 6, 3870C. Consider for recommendation to the Board of Commissioners approval of a Conditional Use application. The applicant seeks Conditional Use approval, pursuant to Zoning Code Section 155-128 to create a rear lot, pursuant to Zoning Code Section 155-128. Expiration Date – 2/28/2021...........……....................................................................Zoning –R3 Applicant: Hobart and Pamela Porter Applicant's Representative: James Greenfield Property Owner: Hobart and Pamela Porter The Hearing Officer's recommendation is attached. PUBLIC COMMENT ATTACHMENTS: Description Type Hearing Officer Recommendation Backup Material 6 BEFORE THE CONDITIONAL USE HEARING OFFICER TOWNSHIP OF LOWER MERION MONTGOMERY COUNTY PENNSYLVANIA CU Application #3870C RECOMMENDATIONS FOR FINDINGS OF FACT, CONCLUSIONS OF LAW, DISCUSSION AND ORDER This conditional use application filed by A. Hobart Porter and Pamela D. Porter seeks to subdivide land from 318 N. Ithan Avenue and create a narrow lot fronting on Greenbank Road located in the R3 zoning district. Conditional Use Hearings were held on Nov. 17, 2020; Jan. 12, 2021 and Jan 27, 2021 before the Conditional Use Hearing Officer pursuant to Code §155- 141.2.A.5. I. FINDINGS OF FACT A. The Parties 1. The Applicants are A. Hobart Porter and Pamela D. Porter (“Porter”) 318 N. Ithan Avenue, Rosemont, PA 19010. 2. Porter is represented by James J. Greenfield, Esq., 669 Mill Road, Villanova PA 19085. 3. Neighbors Gregg Millman and Susan Millman (“Millman”) , residing at 327 Greenbank Road, oppose the conditional use application. 4. Millman is represented by Michael Yanoff, Esq., of Goldstein Law Partners, LLC. B. The Property 5. Porter is the owner of property known as 318 N. Ithan Avenue, an irregularly shaped lot containing 43,901 sq. feet (1.1 acres) straddling the R2 and R3 residence districts. The lot has frontage on both N. Ithan Avenue and Greenbank Road. It has been improved with a single family dwelling oriented toward N. Ithan Avenue. There is a large backyard between the 7 house and Greenbank Road, which once contained a regulation badminton court, and has many trees. 6. Porter proposes to subdivide 14,629 sq. ft. from 318 N. Ithan Avenue and create a rear lot with frontage on Greenbank Road (“Lot 2”), rendering 318 N. Ithan Avenue a 27,058 sq. ft. lot (“Lot 1”). C. Procedural History 7. Porter filed a conditional use application dated February 24, 2020 seeking conditional use relief from zoning code §155-128 regarding rear lot development for Lot 2 (“CU application”). Contemporaneous with the CU application, Porter filed a Subdivision Land Development Application dated February 24, 2020 (“LD application”) together with a tentative sketch plan depicting the proposed two lot subdivision and construction of a single family home on Lot 2 oriented toward N. Ithan Avenue. 8. On March 5, 2020, Porter met with the Land Development Committee of Lower Merion Township which suggested reorientation of Lot 2 toward Greenbank and changing access. 9. On September 17, 2020, Porter filed amendments to the CU and LD applications showing Lot 2 oriented toward Greenbank Road, rather than N. Ithan Avenue. The letter accompanying the amended applications stated: Lot 2 will be irregular in shape and thus non conforming but so is the existing property. Because Lot 1 will be rectangular and applicants therefore are not exacerbating the existing non conformity, applicants request a waiver of the irregular lot limitation as applied to Lot 2. Ex. A-1 at p. 2. 10. The Environmental Advisory Council (“EAC”) reviewed the applications at their meeting on September 22, 2020. It expressed concern about existing trees being removed from 8 the site. The EAC recommended that the Applicants consider reorienting the house and repositioning the driveway to minimize disturbance at the site. 11. On October 28, 2020, Lower Merion Township Planner, Adam Thomas, wrote a memo to the Planning Commission regarding the tentative sketch subdivision and conditional use plans, stating in pertinent part: Purpose of Tentative Sketch Plan The purpose of a Tentative Sketch Plan is to determine appropriate locations for buildings, driveways and parking lots and how such improvements can least impact a site’s natural features. It has become practice in the Township to use the Tentative Sketch Plan phase to flesh out other issues and give applicants a program to address at the Preliminary Plan phase. (…) Layout The plan shows the location of the house and driveway on Lot #2 disturbs and is situated in slopes exceeding 25%. Given the presence of the existing slopes and the concern expressed by the EAC about disturbance of natural features, staff has included a condition of approval requiring the applicant investigate the feasibility of relocating the house and driveway to avoid steep slope area and minimize disturbance to the natural features. Staff noted that if the house is unable to be relocated, a waiver of the natural features code section 101-5C(2b) will be required at preliminary plan to disturb slopes exceeding 25%. Ex.