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Kinsley's no closer to a go on new proposed supermarket

The Chestnuthill Township supervisors held a special meeting on June14 at 7:45 a.m. where the board signed the application for a permit to install and operate traffic signals for the proposed Kinsley Plaza in Resolution 2010-6. It is required by PennDOT for Kinsley Plaza to install and operate a traffic signal at Weir Lake, on the north side of Rt. 209, and Earl Drive, a private driveway.

Robert and Doris Kinsley are planning to develop a 27 acre tract of land in Brodheadsville in two phases. Phase 1 will include a supermarket and attached retail facility within a single building approximately 111,895 s.f. Phase 2 proposes two retail stores and two restaurants in four separate stand-alone buildings (totaling 81,000 s.f.)At the July 7 meeting, Lou Cozza, an engineer from Niclaus Engineering Corporation, representing the Kinsleys, informed the board that "No movement on the PennDOT permits" has taken place.Chestnuthill Twp. Supervisor Chairman Chuck Gould recommended that Cozza address the cleaning up of several items needed on the proposed plan "before we grant final conditional approval. If PennDOT does drop the permits in your laps, we'll do our best to get a meeting advertised so you can move forward as quickly as you can."A motion was made and approved, 3-0, that if Kinsley's does get notification from PennDOT of permit approval they will announce a meeting for consideration of conditional plan approval as soon as possible.The board approved, 3-0, for conditional approval of the CVS Pharmacy, LLC land development plan upon township engineer Christopher McDermott verifying the specifics stated in the engineer's review letter, all outside agency approvals from the Conservation District, PennDOT occupancy permit and NPDES approval, outstanding review fees being paid and the removal of the well. The proposed site is located at the intersection of Rt. 115 and State Road, at the site of "the soon-to-be-former Gold Star Diner," said Gould.In other business:*the board voted 3-0 in favor of adopting ordinance 2010-02 which approves amendments to the township's official map which had been reviewed at the June 1, 2010 meeting during a Public Hearing.*approved authorization for Attorney Weitzman to proceed with the collection of Applegate invoices totaling $4,100.58.*approved authorization for Cathy Martinelli, Chestnuthill Township office manager, to attend a continuing education conference for township secretaries at a cost of $225 for conference and $119 for a room a night for three nights, which was budgeted for.Bill Grant addressed the board with some concerns he has about derelict properties within Chestnuthill Township. His most immediate concern involves the Clearview property located on Rt. 115, adjacent to his own property, Pocono Auto Mart"The grass is over three feet high. If there was a fire, that place would go up instantly. Also, I drove around and took a slew of pictures of properties that are in derelict conditions. I'd like to see something done about that."Supervisor Chairman Chuck Gould pointed to a wall where several photographs were hanging and said that the township is aware of many such properties and is trying to come up with solutions.Resident Al Bourke asked the board if there was anything the fire company could do to clean things up. Supervisor Chris Eckert, Safety Officer and firefighter of the WEF said if the fire company went on a property, it was a liability."Unfortunately the township does not have a fire code. We'd have to adopt one," he said.Bourke suggested that the township should contact the fire insurance holder of these properties and alert them to the fire hazards.Gould thought that was a good idea and asked township solicitor Joesph McDonald if he could locate that information as well as the primary lender of the properties.Resident Stuart Thody asked about the status of the township taxes and Martinelli said that currently the real estate taxes were OK and the EIT was about $150,000 down from last year at this time."So far we're well within our budget for this time of the year," said Gould.One resident suggested a burning ban should be put on and Gould replied that a total burning ban of outdoor and burning barrels was already in effect until further notice.Martinelli thanked Chris Kinsley, present at the meeting, for putting that information on ShopRite's message board.Resident Chris Hagenbuch asked the board if they could look into cars parking on the road on Russell Court, which he stated was a traffic hazard and to see about the trash that is being left there. He said he contacted the owner who said she would post the property but has not yet done so.The board said they would look into it.Bourke said he talked to a man who was very irate that he received a $100 fine for parking in the fire lane at Weiss Market in Brodheadsville.Supervisor Eckert said the impetus for this fine came from two different places-the West End Fire Company and members of the Planning Commission because of the complaints of people parking in the fire lane. Tim McManus, attorney for the Planning Commission, researched two other local townships and their fines to draw up an ordinance that was consistent with other municipalities and it took about three years."I have been the township's Fire Marshall for the last ten years. The Fire Marshall, the Fire Chief, Zoning Officer and any other designee from the supervisors, has the authority to issue those fines," he said.He gave an example of an incident a couple of weeks ago when the WEF responded to a call at Weiss. It turned out to be not a fire but there were cars parked in the fire lane and they had to ask people to remove their parked cars and he said some refused."When we go out to enforce this ordinance, the person is typically asked to move the vehicle and won't receive a fine. But if asked and he doesn't move the vehicle, he will be fined. If we can't find the owner, a fine is issued. To date, we've issued 17 fines. It's been pretty liberal so far," said Eckert."That being liberal is about over. It (the ordinance) has been out there now and posted, and the fines will be handed out instead of asking people to move," said Gould.In the matter of a request for subdivision determination by attorney David Martino for clients Mr. and Mrs. Lawrence Buzzard and their 37 acres, township solicitor McDonald said that 10.8 acres is on one side of McMichaels Creek and the remaining property is on the other side. Martino wanted to know if the owners had to have this land subdivided.McDonald said the property has had the same ownership for the last 100 years and he didn't see anything in the ordinances that said it would have to be subdivided.Gould said that in a similar case of property owned by Florence and Albert Frantz along McIllaney and Greenview Dr, they had to have their property subdivided and asked McDonald to form a letter to Mr. Martino to inform him that the Buzzards would have to do the same.Mark Baylis asked the township to authorize release of his properties from the county's repository list. It would be, on condition that he would do a reverse subdivision and clean up his property. Township manager, Dave Albright stated that Baylis did do the clean up but hasn't come in to the office to do the reverse subdivision.In New Business, the board approved, 3-0:*an Eagle Scout Resolution for Andrew James Castaldi and Supervisor Fleetwood said he would represent the supervisors at the young man's ceremony.*authorizing an audit of the DEP recycling grant but not to exceed $2,000*authorizing to bid for road paving project which was budgeted for.*no second supervisor meetings for the months of July, August and September with bill pay dates of July 19, Aug. 16 and Sept. 20 at 7:30 a.m.*appointing additional designee WEF Deputy Fire Chief Robert Geyer to enforce Fire Lane Ordinance. He is the fourth person now qualified to enforce the Fire Lane Ordinance.*approved to pay the bills amounting to $139,360.67.Jim Bidwell of Christian Container Service, with who the township has an agreement with to run the waste disposal portion of the township transfer station, presented to the board a sample of the heavy mill construction plastic garbage bags that are being used for garbage being dropped off at the township's waste center that does not contain residential waste. He asked if the board would consider putting a cap of $10 on such a drop-off.A motion was made and approved, 3-0, to have Bidwell prepare and display a notice, making the public aware of the new price policy which will go into effect on Aug. 1 and the issue will be revisited again at the Nov. 16 meeting.In a discussion concerning the forming of a Chestnuthill Township Historical Association, Supervisor Dave Fleetwood said that Norman Burger from Polk Township Historical Society, presented a packet of its by-laws. Those in attendance of the July 1 meeting of interested parties want to adopt a set of by-laws so it can apply for 501c3 status. Stuart Fody said he believed officers were needed and that an organization needed to be formed first and officers elected. He also thought that all members should read the by-laws in order to "own" the organization.Albright said he checked with the IRS and was told no list of officers were needed to apply.Solicitor McDonald said he believed an entity had to be formed first before status could be applied for.Gould said that Burger walked them through it and said they did not have to have officers but it was agreed that Fleetwood would attempt to contact all the interested parties to review the by-laws as soon as possible. The group will meet again on Sept. 20.