Advertisement of Episcopal Academy's Conditional Use Hearing Passes

NEWTOWN SQUARE– Board of Supervisors unanimously approved the advertisement for a hearing in regards to 's conditional use for disturbance of steep slope for the installation of a sanitary sewer line on Monday night.

According to Newtown Township Manager Mike Trio, the township will have to schedule and advertise a conditional use hearing within 60 days of the school's request, in which the school's attorney Don Petrosa has agreed with the township to schedule a hearing for the Feb. 27th supervisors meeting.

Richard Sokorai, township solicitor, addressed the issues that were brought up in an emailed request submitted to the supervisors by Battles Lane resident Patricia Wilson–who previously testified against the school's request at a Zoning Hearing Board meeting in December–to delay the hearing.

One of the issues Wilson brought up to the supervisors was that Ashford did not record their plan within 90 days of receiving final approval from the Delaware County planning department.

"That's not the case however," said Sokorai. "Number one, that 90 days can be waived, and number two that 90 days applies when conditions are met. So, the board signed final approval with a number of conditions that Ashford would work diligently on achieving. So when those conditions are ultimately reached, then that 90 day clock starts."

Newtown resident Regi Siberski also noted in public comments that there appeared to be many facets for the school's request for a sewer line to the Ashford property, including the dedication of the land which is still in question. "That land has still not been dedicated to the township," said Siberski.

"They're all separate little independent pieces and the conditional use approval really just goes to the issue of the disturbance of slope and protecting interested parties in the immediate area–that that disturbance of slope is not going to negatively affect them," explained Sokorai. "All those other things still have to be dealt with but you don't have to wrap it all up in that same area."

When Supervisors Chairman Joseph Catania asked what would happen if they did not have a hearing within the 60 days, Sokorai said it would already deemed as approved. He explained a conditional use approval is, in fact, already a permitted use approval.

"The supervisors just get an opportunity to look at it first to make sure that there are any conditions that they may want to put on there," said Sokorai. "If the supervisors didn't do anything about it indefinitely, then the board would lose the opportunity to put those conditions on to protect the neighbors."

In her email to the supervisors, Wilson brings up another point that the board addressed:

"The township has not advertised the latest version of the 537 Plan, which would give all residents a clear picture of the township’s comprehensive sewage planning. Determining to go forward with one institution and showing continued favoritism to this institution and developers should not be done, in my view, before township-wide planning has taken place."

"But to me, that's not relevant really at this time because the applicant's coming with a valid application for conditional use that must be acted upon by this board for a certain specific time," said Catania in reference to this issue. "Otherwise, it will be deemed approved anyway, so that doesn't enter into discussion if you ask me."

The township's Zoning Hearing Board unanimously approved the school's application for a special exception to construct a sanitary sewer main from the souther part of their property to the Ashford site at a meeting on Dec. 15.

At a meeting on Jan. 12, the township's Planning Commission approved the school's request of a conditional use for the sewer line through the southern part of their property to the Ashford site.

"The conditional use was because part of it will be on steep or very steep slopes. Out of the approximately 1,600 feet, approximately 175 feet are in steep slope and 65 feet in very steep slopes. So, that falls within the limits that are permitted so there's no problem there," explained Eugene Capaldi, chairman of the Planning Commission, before the supervisors Monday night.

In addition, Capaldi said there was a waiver in place for the utility at easement which is allowed by the township and the school's request for conditional use was approved and passed along to the supervisors' review.