Haines Project Advances

            Items related to zoning and construction were center stage at the monthly Marlborough Township meeting held last week.  

            During public comment, prior to the business of the meeting, Marya Schoenholtz, a leading spokesperson for township residents fight against the rezoning of the Highway Materials, Inc. (HMI) quarry, thanked the supervisors for "listening to the concerns of the residents and voting with the best interests of the people, the land, and the future of Marlborough Township."

            Despite HMI's withdrawal of the zoning request, Schoenholtz asked the board to consider the permanent protection of the piece of the property referred to as "the dogleg."

            "The Montgomery County Planning Commission included the dogleg in the most ecological sensitive areas of Marlborough Township," Schoenholtz said adding that it was designated because of its "conservation value, as a significant habitat area, and a highest priority region" and noted the steep slope that borders the dogleg.

            Schoenholtz told the supervisors that the status of the dogleg is complicated by its inclusion in a non-conforming use zone, which may take precedence over the conservation corridor. She also claimed that the zoning overlay protecting the steep slope only extends to some of it.

            "The township currently has steep slope conservation and flood plain conservation districts that function as overlay districts," read Schoenholtz citing the Montgomery County Planning Commission referring to the Marlborough open space plan.

            The document, written in 2004, advises that the plans "should be reviewed and updated periodically to ensure protection of water and soil resources."

            Schoenholtz urged the township to follow that recommendation and review the status of the slopes in particular and the dogleg in general.

            "Protecting it in no way would encumber the quarry's operations," she claimed.

            Solicitor Mark Cappuccio said that the overlay ordinance can be amended to protect the entire slope. But he also warned that the non-conforming zoning designation ensures protections, validated in courts in other cases, for HMI.

            The Haines Welcome Center/Museum project took a big step forward when the board approved two agreements and reapproved the land development plan on John Haines IV property on Geryville Pike.

            The three items each passed on 2-1 votes with Supervisor Brian Doremus voting no. Doremus is still not pleased with the latest septic plan allowing wastewater from the onsite sewage plant to flow across public roadways before entering Macoby Creek.

            Haines pressed the board for permission to begin work as soon as possible in order to be ready to seed and plant by the fall, but Cappuccio warned that the Recorder of Deeds office, where the plans are filed, is "extremely picky" about details.

            Cappuccio related that the township engineer, Chad Camburn, was satisfied with the plan's erosion and sedimentation controls. The lawyer was hopeful that permits and other requirements would be in place by this week, allowing "some movement to get started" bringing Haines' vision of a museum and event-hosting site closer to fruition.

            Township Manager/Secretary Marybeth Cody reported that construction at the Dollar General site on Main Street was going slowly because the contractor is still waiting for Verizon to move a pole.

            Burt Shive, of the parks and recreation committee, again raised the possibility of allowing a pilot archery hunting program on the township-owned Weidner property and asked the supervisors for direction. Shive said he recently counted 18 deer on the property.

            "If no one can use these properties, Weidner and Ziegler, why did the township keep them? It's 230 acres of basically useless property to the majority of the township residents," Shive said.

            ATV use of the property and the utilization of firewood by township residents have, in the past, been non-starters because of liability issues, but Shive claimed no such issue exists for hunting under PA Game Commission guidelines.

            "There's always liability," Chairperson Billy Hurst said.

             Shive quoted from a 2007 Marlborough Township newsletter which speculated that future uses of the property might include archery hunting.

            Hurst relayed that Marlborough Police Chief Darren Morgan is not in favor of the hunting program.

            Shive countered that the PA game warden would help enforce the rules and is    frequently in the area. Later in his presentation Shive claimed that he had seen several tree stands looking out over the property.

            "You can't tell me that they're not [hunting]," he said. "Is there a way that we can make these people legal so that they can hunt, even if it's an adjoining property?"

            Doremus noted that the township originally acquired Weidner for groundwater recharge while the Ziegler property fell under an eminent domain claim.

            "None of the properties were acquired with hunting in mind," Doremus stated, adding that he does not like the idea of hunting on the properties.

            On the other hand, Supervisor Bill Jacobs supports the hunting program.

             Shive reiterated that hunting could cut vehicle/deer collisions significantly in the area, citing the success of a program in Cheltenham.

            Hurst wanted time to look into the Cheltenham program before giving Shive direction on whether or not to pursue something similar in Marlborough.

            The supervisors reviewed the accessory structure and burn ordinances and sent them, respectively, for planning commission review and professional review.

            The Marlborough Police will again host a National Night Out. This year's free event, on August 10, from 3-6 p.m. at St. John's Church on Main Street in Sumneytown, will again feature safety demonstrations, interactions with emergency personnel, and carnival-type activities.

            An executive session about personnel matters was held before the regular meeting. The next supervisor's public meeting is scheduled for 7 p.m. on Aug 14.