richland township board of supervisors raymond p. …
TRANSCRIPT
RICHLAND TOWNSHIP
BOARD OF SUPERVISORS
July 21, 2021
PUBLIC MEETING
The Richland Township Board of Supervisors meeting was called to order at 7:00 PM by
Chairman, Raymond P. Kendrick. Mr. Kendrick announced that the Supervisors met in executive
session before the meeting to discuss pending litigation. There were eleven (11) members of the
public present in the audience. The officials in attendance were:
Raymond P. Kendrick, Chairman Donna L. Snyder, Supervisor
George P. Allen, Vice Chairman Dean E. Bastianini, Township Manager
John A. Marshall, Supervisor Tina L. Shaw, Recording Secretary
Ann M. Miller, Supervisor Emily Mueller, Solicitor
Mr. Bastianini explained that the presentation on the forthcoming bond issue was being postponed
due to a delay in the bid opening date for Allegheny Valley Joint Sewer Authority project.
Ms. Snyder made a motion to approve the minutes from the Supervisors’ meeting of June 16,
2021. Mr. Marshall seconded the motion and it was approved by all.
Mr. Kendrick asked for public comments. No one came forward.
Mr. Allen made a motion to approve the June 2021 Financial Statements as presented. The state-
ments included balance sheets, revenue/expenditure reports and a list of checks issued from all
funds. Mr. Marshall seconded the motion, and it was approved by all.
Mr. Marshall made a motion to approve the bills payable in the following amounts: General
PLGIT $34,642.27, Sewer Fund $2,954.05 and General Capital; Reserve Fund $5,619.50 and a
list of supplemental General Fund bills totaling $18,402.95 to be paid on July 23rd. Ms. Snyder
seconded the motion, and it was approved by all.
CORRESPONDENCE
Sam Mermelstein, Manager
4137 Bakerstown Road, LLC
A letter asking the Board if they would consider a zoning amendment to allow apartments in the
Neighborhood Commercial (NC) District.
Mr. Bastianini and Ms. Mueller briefed the Board on the request and the zoning amendment
process. All costs and risks would be the responsibility of the applicant.
Mr. Marshall made a motion stating that the Board could not guarantee it would approve such
an amendment and further authorized the Township Solicitor to inform Mr. Mermelstein
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that the Board would keep an open mind should he decide to proceed. Ms. Snyder seconded the
motion, and it was approved by all.
Larry Bracco, Executive Director
Pine-Richland Youth Center
A letter thanking the Township for a donation made in memory of former Township employee Mr.
Denis Ranalli.
Mr. Kendrick asked for a moment of silence to honor Mr. Ranalli.
PLANNING COMMISSION - JUNE 21, 2021
Shields 2013 Family Trust Garage Land Development Plan
First, the Board considered a request for a waiver from Section 25.505.2 of the Subdivision and Land
Development Ordinance. At the conclusion of the discussion Ms. Snyder made a motion to approve
the Shields 2013 Family Trust modification request to Section 25-505.2 of the Subdivision and Land
Development Ordinance allowing for a 15-foot pedestrian easement from the subject property’s
Route 8 entrance south to Legion Drive with no sidewalks or walkway to be installed along the
property’s frontage on Route 8 from Willow Creek Drive to Legion Drive with the following
condition. The sidewalk shown on the plan along Willow Creek Drive shall be extended the full
length of the adjacent residential property. Mr. Marshall seconded the motion, and it was approved
by all.
Next, Mr. Marshall made a motion to approve Preliminary and Final Land Development Plans for the
Shields 2013 Family Trust Garage Land Development as presented. The approval was conditioned
upon the satisfaction of the items identified in the Township Engineer’s review letter dated July 15,
2021 and payment of a $7,590.00 TIF. Mr. Allen seconded the motion, and it was approved by all.
Kristin Court Subdivision Plan Revision No. 2
The Board next considered a request by the Kristin Court Development Corporation for a
modification to Section 22.509.2 of Subdivision and Land Development ordinance.
The following persons spoke and raised questions about the proposed modification and land
development plan. Ms. Lynn Vesely, 106 Arthur Court, Ms. Michele Deleonibus, 108 Arthur Court,
Mr. Michael and Mrs. Cynthia Hegerich, 5606 Community Center Drive and Mr. Christopher
Kuciak, 5608 Community Center Drive.
At the conclusion of the discussion, Mr. Allen made a motion to approve the Kristin Court
Development Corporation’s modification request to Section 22.509.2 of the Subdivision and Land
Development Ordinance allowing the subdivision of one additional lot to front on a private street
named Kristin Drive with the following conditions: 1) prior to the issuance of an occupancy permit
the owner of Lot #1 shall pave a portion of Kristin Drive from Community Center Drive to the
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driveway of the new home which will be constructed on Lot #1 to a residential driveway specification
provided by the Township engineer and, 2) the landowner of Lot #1 may not take any action that would
impair access to any other property served by Kristin Drive. Ms. Miller second the motion and it was
approved by all.
Next, Mr. Allen made a motion to approve the subdivision plan titled Kristen Court Plan Revision
No. 2 as presented, subject to a $1,917.00 TIF fee. Mr. Marshall seconded the motion, and it was
approved by all.
NEW BUSINESS
Ms. Snyder made a motion authorizing the Chairman to execute Change Order No. 4 to the
concession stand construction contract with Moret Construction Co. Inc increasing the contract
amount by $3,800.00 to $459,902.73. Mr. Marshall seconded the motion, and it was approved by all.
Ms. Snyder made a motion authorizing the approval of a $129,987.50 reduction in the performance
security provided for Phase 1 of the TOA Pittsburgh Cut Flower PRD. Mr. Allen seconded the
motion, and it was approved by all.
Ms. Snyder made a motion authorizing the approval of a $529,711.89 reduction in the performance
security provided for Phase 2 of the TOA Pittsburgh Cut Flower PRD. Mr. Allen seconded the motion,
and it was approved by all.
Ms. Snyder made a motion authorizing the Chairman to execute a web service agreement with
Interware Development Company Inc. for processing of on-line credit card and ACH payments. Mr.
Allen seconded the motion, and it was approved by all.
Ms. Snyder made a motion approving an $88,000 ARLE grant application to construct an overhead
mounted “Red” signal ahead sign, for southbound Route 8 motorists, in advance of the Cunningham
and Sandy Hill Road intersection. Mr. Marshall seconded the motion, and it was approved by all.
Ms. Snyder made a motion authorizing the Chairman to execute the following lease agreements for
facilities in Richland Park: 1) Pine-Richland Youth Center Dek-hockey and Learn to Play Programs;
2) Pine-Richland Soccer Club; 3) Pine-Richland Youth Football Association and 4) Pine-Richland
Baseball-Softball Association. Mr. Allen seconded the motion, and it was approved by all.
MANAGER’S REPORT
Mr. Bastianini presented the Board with a proforma debt profile which assumes a Township
contribution of $17 million to the AVJSA sewer project. For the sanitary sewer customers serviced by
AVJSA annual debt service would increase by $615,000 a year; 2022-2038. The exact amount of a
Richland’s contribution will not be known until bids are opened on August 27th. The Board also
discussed plans to use the full amount of the proceeds from the American Rescue Act to pay a portion
of Richland’s share of the AVJSA project.
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SOLICITOR’S REPORT
Ms. Mueller announced that a settlement had been proposed in the case before the Allegheny County
Court of Common Pleas stemming from an appeal filed by Chatham University to the Township’s
denial of a conditional use application to amend the Eden Hall Campus Master Plan by allowing twenty
additional housing units within the Elizabeth Meadow Precinct. Ms. Mueller read the proposed
Consent Order and Agreement.
Mr. Allen made a motion to adopt Resolution No. 7 of 2021 approving the agreement. Ms. Snyder
seconded the motion and it was approved by all. A complete copy of the consent order will be posted
on the Township website and is attached to the minutes as Exhibit A.
COMMENTS FROM THE BOARD
Mr. Marshall said that he believed the settlement archived safeguards, and controls on further growth
which would not have been achieved if the Judge ruled on the case. Therefore, he felt that signing the
Consent Order was in the best interest of the Township and its residents.
COMMENTS FROM THE FLOOR
Mr. Calvin Miller, 6006 Linwood Drive said although he spoke in opposition to Chatham’s Master
Plan Amendment he supports and understands the Supervisors’ decision to sign the Consent Order.
There being no further business the meeting adjourned at 8:50 P.M.
Respectfully submitted,
Tina L. Shaw
Recording Secretary
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CHATHAM UNIVERSITY, Appellant, v. RICHLAND TOWNSHIP and RICHLAND TOWNSHIP BOARD OF SUPERVISORS, Appellees.
) ) ) ) ) ) ) ) ) ) ) )
CIVIL DIVISION No. SA-21-00216
CONSENT ORDER AND AGREEMENT
THIS CONSENT ORDER AND AGREEMENT (the “COA”) is made as of the _______ day of July, 2021, by and between CHATHAM UNIVERSITY (“University”), RICHLAND TOWNSHIP (“Township”) and RICHLAND TOWNSHIP BOARD OF SUPERVISORS (“Supervisors”) (collectively, the “Parties”), as follows:
WHEREAS, the University’s “Eden Hall Campus of Chatham University” (“Eden Hall Campus”) is located on 388 acres of rolling woodlands and fields in the Township;
WHEREAS, the University worked with various consultants and the Township to develop a master plan for the future use and development of this property;
WHEREAS, the original master plan was approved by the Township on June 15, 2011 (“Master Plan”);
WHEREAS, the Master Plan divided the Eden Hall Campus into four distinct precincts: Elsama Center, Mueller Center Campus, Stanford Hill and Elizabeth Meadows;
WHEREAS, on December 28, 2020, the University submitted a conditional use application (“Application”) to revise the Master Plan to develop an ecovillage in the Elizabeth Meadows precinct which is referred to as the Rachel Carson Ecovillage (“RCE”);
WHEREAS, the RCE will have 35 private homes clustered around gardens and orchards on a 4.5-acre site in the Elizabeth Meadows precinct;
WHEREAS, the RCE, as originally proposed, had a combined parking area located to the south of the development with 75 spaces;
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WHEREAS, the parking area was subsequently modified to consist of 40 spaces with the total parking area dimensions comprising approximately 60’ x 180’ as shown on Exhibit A (“Parking Area”);
WHEREAS, on February 11, 2021, the University submitted a request for two modifications from the Zoning Ordinance’s parking distance requirements for the Parking Area as directed by the Township (“Modification Requests”);
WHEREAS, on May 5, 2021, the Supervisors issued a decision that denied the Application and related Modification Requests (“Decision”);
WHEREAS, on May 26, 2021, the University filed a statutory land use appeal seeking to reverse the Decision and to grant the Application and Modification Requests in the Court of Common Pleas of Allegheny County, Pennsylvania, at S.A. No. 21-00216 (“Appeal”); and
WHEREAS, in order to avoid the expenses, burdens, risks and distraction of further litigation, the Parties desire to amicably resolve the Appeal upon the terms and conditions set forth in this COA. NOW THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound hereby, the Parties to this Consent Order and Agreement voluntarily agree as follows: 1. The foregoing recitals are incorporated herein by reference. 2. The Application and Modification Requests for the RCE are approved as provided for in the plan attached hereto as Exhibit A. 3. The University shall not increase the RCE beyond 35 dwelling units. 4. The University shall not seek land development approval for any other developments in the Elizabeth Meadows Precinct identified in the plan attached hereto as Exhibit B except for the RCE with Parking Area and General Parking area identified as No. 18 as provided for in the Master Plan. 5. All commercial trash removal from the RCE shall be limited to daylight hours. 6. The trash and loading area shall comply with the applicable screening and buffer requirements. 7. All accessory structures shall comply with the requirements of the Zoning Ordinance and be shielded from view from Kim Lane as much as possible. No accessory structures shall be permitted within 300 feet of the southern property line of parcel number 2380-R-162, which is that portion of the Elizabeth Meadows Precinct that abuts the residential properties along Kim Lane as provided for in Exhibits A & B. However, the 300’ prohibition
Exhibit A
2. Site Sections
North-south site section through parking lot from Kim Lane property, screened with berms and planting.
East-west site section through parking lot from Ridge Road, screened with berms and planting
3. Parking LotBy moving 35 spaces into the village development, the parking lot is reduced from 74 spaces to 35resident spaces and 5 visitor spaces. The area is reduced from over ½ acre to ¼ acre (approximately 60x 180 = 10,800 sq ft). Future covered parking structures are anticipated and will be entirely screened.
4. Parking DistancesEvery unit now has a parking space within 200 feet of it.The visitor spaces are within 680’ of the farthest townhouse unit served.
5. Access by Emergency VehicleEvery unit will have paved access. Orchard Commons will provide access through the development forfire fighting or medical emergencies.
RCE will contract with a snow removal company to assure that accumulations from the street are removed on a continuing and timely basis
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Chatham University Eden Hall Campus – Fourth Master Plan RevisionChatham University · Gibsonia, PA · December 28, 2020 · N.T.S.
FIGURE 3
PROPOSED EDEN HALL CAMPUS MASTER PLAN – DECEMBER 28, 2020
500'-0"
ELIZABETH MEADOWS PRECINCT- NO DEVELOPMENT ZONE
RACHEL CARSONECOVILLAGE LEASE AREA
2,831'-0"
1,21
5'-0
"300'-0"
NO ACCESSORY STRUCTUREZONE