Museum proposal mired in semantics, technicalities

            What started out over two years ago as a feel-good, civic-minded project has devolved into a slog through jargon and red tape.

            Last week, representatives of Marlborough resident John Haines IV came before the Marlborough supervisors to ask for waivers and preliminary/final approval for Haines' plan that would implement his desire to turn his property at 3327 Geryville Pike into a non-profit museum and a hosting spot for events and conferences.

            By the end of the 90-minute discussion, Haines was at the front of the conference room lambasting the supervisors.

            Evan Sowers, a project engineer for H&K Group, Haines' company, presented a plan to accommodate traffic and parking that includes 90 paved parking spaces and an 8,000 square foot welcome center, 100 feet off the road, and a two-way driveway entrance off East Campbell Road.

            Sowers said the plan is designed to accommodate 180 people. Parking for larger events, which could attract up to 500 people, would be handled by opening a gate and allowing people to park in a pasture.

            Tied to this proposal are the issues of sidewalks, curbs and storm sewers, and this is where the discussion encountered the first speed bumps.

            Haines lawyer, Joseph LaFlamme, clashed with Zachary Sivertsen, filling in for Marlborough's regular solicitor, Mark Cappuccio, about the difference between the terms "proposed" and "existing" in the township ordinance.

            For several minutes, LaFlamme cited language from Marlborough's ordinance to support his contention that the township solicitor's interpretation of the proposal is incorrect.

            He emphasized that, according to the ordinance, sidewalks and sewers should be installed on "proposed" public streets and parking areas only, absolving Haines of the necessity of installing sidewalks, curbs and storm sewers.  "This plan has no 'proposed' public streets associated with it," LaFlamme said. "Clearly, the intent of that section, it says 'proposed', it does not say 'existing.'"

            Sivertsen and Cappuccio disagree with LaFlamme's interpretation, but Siverstsen told the supervisors it was their decision to make.

            Chad Camburn, of Bursich Associates, the township engineers, weighed in on the discussion.  "With respect to the existing versus proposed roads, this board has taken the position in the past, on previous occasions, that that section does apply. In what I recall, on one or two different occasions, in lieu of requiring sidewalks, for example, this board had accepted easements for potential future trails."

            Another subject in question was sight issues related to the proposed driveway.

            Supervisor Brian Doremus, who did most of the talking for the board, raised concerns about the safety of those directing traffic and about emergency vehicles having to enter the property.

            LaFlamme noted that sight issues had been discussed at the planning commission meeting and resulted in preliminary agreement on how the issue could be handled for larger events.  "The planning commission is an advisory body to the board," Sivertsen retorted. "I don't think we need to be treating their recommendation as gospel at this point."

            Sivertsen suggested that the township require standard procedures be put in place for every large event and raised the specter of a different property owner after Haines who might not be as conscientious.

            Doremus agreed with Sivertsen.

            Camburn warned against a one-size-fits-all approach.  "I would strongly suggest that whatever you ultimately require, that it has to be flexible. If you require something and then it proves it doesn't work the first time or second time, this board has to have the ability to just change it to something that does work."

            Sowers pointed out that Haines has hosted large events in the past, including car shows and private concerts by Willie Nelson, Tanya Tucker, and The Oak Ridge Boys, which have drawn far more people than are anticipated in the future.  "I don't recall a time where it created a problem at that intersection," Sowers said. Local fire police were used to direct traffic when necessary.

            Haines rose from his seat for the first time.

             "Without incident, we have 10,000 people on the property," Haines said. "I just sit here listening to this [crap]. I mean, they got out, you can talk to the police, they never had any problems."

            "We do have to keep in mind the frequency of events," Doremus countered. "What they're referring to is a once-and-done event. We can have monthly events, so, we have to keep that in mind."

            Camburn again suggested guidelines, rather than mandates, for code officials to review for each event.

            After consultation with his client, LaFlamme told the board they would accept preliminary, not final, approval of their plan.

            Doremus continued to object to granting waivers and approving the plan without more information.

            After Camburn urged the supervisors to address the "elephant in the room", sidewalks, a poll of the supervisors revealed that Billy Hurst was in favor of granting Haines' waiver requests, including waiving sidewalks, but Bill Jacobs was "possibly" in favor of sidewalks.

            Camburn laid out what is ahead. "Potentially they are going to come back next month and essentially ask for these three waivers, and I'm assuming you're not going to submit new plans in that time, at least you're not going to submit plans that show a sidewalk on East Campbell.

            "So, if this board rejects that waiver, you agree that a waiver is required, and you reject it, then they would have to come back again with a new set of plans that show that sidewalk, which is another two months after that, potentially."

            At that point Haines walked to the front of the room.

            "I try to do something good for here, keeping history here. And all I do is run into [crap]. I've had enough of this. This is a damn shame that you want to make something nice, you keep a nice place and then we go through all this. There's no need for it.

            "I am not going to run sidewalks because no damn sidewalks will ever be up Campbell Road, and everybody knows that. The people aren't going to walk up a sidewalk, like the engineer said. They're not going to walk up there. Where they going to walk [to]?"

            After a few minutes more of discussion, the supervisors tabled the Haines' request for approval and waivers and granted a 30-day extension for reconsideration. Haines' representatives asked if they could accelerate matters by presenting in a work session, but none will be held this month.