PALMYRA TOWNSHIP – WAYNE COUNTY SEPTEMBER 3, 2019

CONDITONAL USE HEARING AND PUBLIC HEARING

Chairman Steffen called the Conditional Use Hearing to order at 6: 00 PM. Roll call of the Supervisors showed that Chairman Steffen , Supervisor Kmetz and Supervisor Hamby were present.

Chairman Steffen stated the Conditional Use Hearing is for an outside theatre located on the property of Henry Skier situated on Route 6, Palmyra Township, Wayne County, Pa. to be known as Harmony in the Woods (Harmony Presents). It was verified that the hearing was advertised i n the Wayne Independent on August 21 st and August 22nd , 2019 as well as being posted on Woodland Avenue and on Route 6 at the proposed entry way for the theatre.

This is the second Conditional Use for this property the first hearing was in January 2018 and at that time it was known as Harmony Presents. Attorney Waldron presented to Attorney Treat the notices that were sent out to adjoining properties along with the proof of mailings that were made part of the record. Mr. Waldron explained that the Conditional Use held on January 3, 2018 listed a number of conditions for a theater. Since that time, there have been changes to the original plan s everything would basically be the same such as hours of operation, seating, and the type of venue that would be there. He went on to say that the y want to modify the original approval to allow for a limited venue during the summer months and the way the property is laid to have a natural amphitheater as opposed to a theater. At this point Attorney Waldron turned the presentation over to Mitch Jacobs of Kiley Associates. Mr. Jacobs stated what changes were to be made. He said the amphitheater would remain in the same location , the parking has been changed closer to Route 6 the original parking area will be used as a buffer zone with no trees being removed and they will be a UTV trail that meets ADA requirements. Ned Sader, Project Manager for Harmony in the Woods t estified that they concentrating on Phase 2 of the project which consists of the creation of the stage, lawn and hillside. He went on to say that it would be a 3 to 5 year period before the building is completed. He stated by 2020 that the hillside, lawn and stage would be completed. Mr. Waldron asked that the conditions be put off until the next township meeting on October 7, 2019. The meeting was opened to public comment and the full transcript can be viewed at the township office.

The meeting was adjourned with a motion by Supervisor Kmetz and second by Supervisor Hamby and all Supervisors voting yes and the township went into their regular monthly meeting.

Supervisor Kmetz made a motion to accept the previous month’s minutes as written with a second by Chairman Steffen with Supervisor Hamby abstaining. Supervisor Kmetz and Chairman Steffen voting yes.

Chairman Steffen made a motion to close the regular meeting to have the Public Meeting for the Comprehensive Plan with a second by Supervisor Hamby and all Supervisors voting yes.

Tom Shepstone representing Shepstone Management Corporation explained that this was a public meeting to hear comments about the joint Lake Region Comprehensive Plan for Palmyra Township. He stated that the plan was done in conjunction with Hawley Borough and Paupack Township. He asked if there was any public comment to be made. With there being none, he requested the meeting to be closed so the Board could make a final adoption at the regular meeting. With that being said, Chairman Steffen made a motion to close the Public Meeting with a second by Supervisor Kmetz and all Supervisors voting yes.

Chairman reconvened the meeting and made a motion to finalize the adoption of the Lake Region Comprehensive Plan with a second by Supervisor Hamby and all Supervisors voting yes.

Treasurer’s Report is on file as well as posted on the back wall. Chairman Steffen made a motion to accept the Treasurer’s Report with a second by Supervisor Hamby and all Supervisors voting yes.

The bills are on file as well as posted on the back wall. Chairman Steffen made a motion to pay the bills with a second by Supervisor Kmetz and all Supervisors voting yes.

McAndrew Property - Solicitor Treat stated that he had received a phone call from Attorney John Martin who is the Trustee for the Edward McAndrew Chapter 7 bankruptcy. He went on the say that Mr. Martin is trying to sell a piece of Mr. McAndrew ’s property that has a Conditional Use attached to it. Attorney Waldron is representing Attorney Martin at this meeting regarding the terms of the 2001 Conditional Use. Attorney Waldron stated there is a pending sale for this piece of property that the Dime Bank is foreclosing on. He went on to say that some but not all of the conditions have been meet i.e. a 6 foot high fence with barbwire be installed around all the property and the lot must have lighting for security purposes. He explained that having the property fenced in did not make sense since the building is already secure as it is storage units. The Dime Bank is willing to pay for the lighting out of the proceeds of the sale if the township would drop 6 foot high fence requirement. Attorney Waldron stated the Trustee agrees to all of the other stipulations. Supervisor Kmetz stated that there is a lot of 4-wheelers that use the surrounding property and it would be beneficial for the owner to have the fence to prevent the property from being vandalized. He went on to say that there is another storage facility in the township that has fencing and if fencing is required for one it should be required for this one. Attorney Treat explained that if the township did not agree to drop that requirement the buyer will take the township to court and the township would be hard pressed to explain why since 2001 the township had not enforced the conditional use . After a lengthy discussion, Chairman Steffen made a motion to have Solicitor Treat resolve the issue stating that the lighting be in compliance with the township ordinance and the township would waive the requirement for the fencing with a second by Supervisor Hamby. Chairman Steffen and Supervisor Hamby voting yes with Supervisor Kmetz voting no, motion was so passed.

Police Report was given by Officer Paquette and is on file.

Fire Report is on file.

Ambulance Report - None

Road Report was given by Road Master Kmetz and is on file. Road Master Kmetz made a motion to pay Jim Gifford Paving when the township receives the bill for the repair of Oak Street with a second by Chairman Steffen.

Correspondence - The Township received its normal newsletters, pamphlets, brochures and magazines that are posted on the back wall.

Zoning Report was given by Mr. Natale and is on file.

Planning Commission - Mr. Natale stated that there nothing to report.

Conditional Use Hearing Harmony in the Woods - Chairman Steffen stated that any requirements would be deferred until the October 7, 2019.

Public Comment - None

Emergency Management - Supervisor Hamby stated that he will be filling out a required survey for NIMS.

Crime Report - Supervisor Kmetz stated there was nothing to report.

Solicitor’s Report - Mr. Treat suggested that the township consider making it a requirement that for any Conditional Use stipulations that they be put in the deed or have a plot plan recording the requirements .

Public Comment -None

Chairman Steffen made a motion to adjourn at 7:32 PM with a second by Supervisor Hamby and all Supervisors voting yes.

Next scheduled meeting is October 7, at 6:30 PM.


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