[CALL TO ORDER]
[00:00:08]
CALLING THIS MEETING, UM, TO ORDER FOR THE UPPER PROVIDENCE TOWNSHIP BOARD OF SUPERVISORS SPECIAL MEETING FOR MONDAY, MARCH 11TH.LET'S STAND FOR THE PLEDGE OF ALLEGIANCE, THE UNITED STATES OF AMERICA.
OKAY, SO THE FIRST MOTION IS TO APPROVE THE BOARD AGENDA.
I'LL MAKE A MOTION TO APPROVE TONIGHT'S BOARD AGENDA.
I'LL SECOND I HAVE A MOTION AND A SECOND.
[NEW BUSINESS (ACTION/DISCUSSION ITEMS)]
UM, WE'RE GONNA JUST TEE UP THE MEETING TONIGHT A LITTLE BIT, UM, JUST SO EVERYONE KNOWS WHY WE'RE HERE.AND I'M GONNA HAND IT OVER TO OUR NEW, UM, ADVISORY COUNCIL.
AND, UM, HE'LL, HE'LL FILL YOU IN.
AS, UH, THE CHAIR SAID, MY NAME IS GREGORY KAC.
I AM BEEN APPOINTED AS SPECIAL COUNSEL FOR THE TOWNSHIP, UH, RELATED TO THE, UH, APPLICATIONS FOR THE REUTERS FOR HOLDING PROPERTY.
UM, AS YOU ALL KNOW, THIS IS A SPECIAL MEETING TONIGHT, UH, AND THAT WE HAVE A LIMITED AGENDA.
WE THOUGHT WE TAKE THE OPPORTUNITY TO EXPLAIN WHY WE'RE GATHERED HERE TONIGHT TO CLARIFY, UM, CERTAIN ACTIONS TAKEN BY THE BOARD AT THE LAST MEETING.
UM, AS YOU MAY KNOW, THE BOARD APPOINTED MY FIRM AS SPECIAL COUNSEL AND HEARING OFFICER.
UM, UPON FURTHER CONSIDERATION, UM, IT HAS BEEN RECOMMENDED TO THE BOARD THAT THEY CONSIDER APPOINTING A SEPARATE HEARING OFFICER, UH, TO MAINTAIN THE INDEPENDENCE OF THAT ROLE.
UM, SO THE, THE VOTES HERE TONIGHT ARE JUST RELATED TO THE PROFESSIONALS BEING ENGAGED BY THE TOWNSHIP, UH, AND THE BOARD OF SUPERVISORS TO ADVISE OR PLAY CERTAIN SPECIFIC ROLES, UH, IN THE PARKHOUSE, UH, RULES FOR HOLDINGS APPLICATION PROCESS FOR THE CONDITIONAL USE.
UM, AND I BELIEVE YOU'LL SEE ON THE AGENDA THAT WAS PUBLISHED, THERE ARE, UM, THREE MOTIONS.
ONE FOR APPOINTMENT OR RE REAPPOINTMENT, UM, CLARIFYING APPOINTMENT, APPOINTMENT OF SPECIAL COUNSEL, UH, CLARIFYING APPOINTMENT OF AFFIRM TO REPRESENT THE ZONING ORDINANCE BEFORE THE CONDITIONAL USE APPLICATION HEARINGS, AND THEN APPOINTMENT OF A HEARING OFFICER.
AND THE PURPOSE OF A HEARING OFFICER IN CONDITIONAL USE HEARINGS IS TO, UH, SERVE IN THE STATE OF THE BOARD TO COLLECT EVIDENCE ON BEHALF OF THE TOWNSHIP PRESENTED BY BOTH THE APPLICANT, UH, THE TOWNSHIP THROUGH THEIR SPECIAL COUNSEL, UM, AND ANY PARTIES WHO ARE GRANTED PARTY STATUS BEFORE, UH, THE TOWNSHIP AND RENDER A RECOMMENDING REPORT, AN ADVISORY REPORT TO THE BOARD OF SUPERVISORS.
THE BOARD OF SUPERVISORS WILL ULTIMATELY DECIDE, DECIDE THE ISSUE, UH, OF THE CONDITIONAL USE AT A PUBLIC MEETING.
UM, AND FINALLY, I BELIEVE THAT THE LAST OF THE AGENDA IS TO CONSIDER A, A NEW DATE FOR THE CONDITIONAL USE HEARING.
AN EXTENSION HAS BEEN GRANTED BY THE APPLICANT, UM, TO EXTEND, UH, THE TIMEFRAME IN WHICH, UH, AND BY WHICH THE TOWNSHIP HAS TO SCHEDULE THAT HEARING, AND THAT'LL ALLOW THE HEARING OFFICER TO COME ON BOARD AND GET UP TO SPEED SHOULD THE BOARD APPOINT THE HEARING OFFICER THIS EVENING.
[PUBLIC COMMENT]
ON TO PUBLIC COMMENT.SO EVERYONE PROBABLY KNOWS THE RULES OUT THERE.
COME FORWARD, GIVE THREE MINUTES.
STATE YOUR NAME AND ADDRESS AND, UM, IT'S A, IT'S COMMON ONLY.
SO DOES ANYBODY HAVE A PUBLIC COMMENT? GOOD EVENING, FELLOW NEIGHBORS FOR PROVIDENCE COUNTY SUPERVISOR.
THANK YOU, VICTORIA BRIGHT, 3 6 4 VISTA DRIVE.
UH, THE COMMENT THAT I HAVE IS I JUST WANTED TO REITERATE TO THOSE, UH, CITIZENS THAT ARE INTERESTED IN THAT DISCUSSION AROUND THE PARTY STATUS.
THE APPLICATION FOR PARTY STATUS WAS DIRECTED TO RUDOLPH CLARK.
WE DID RECEIVE CLARIFICATION FROM MR. TIPMAN THAT THE APPLICANT'S THAT HAVE APPLIED DO NOT NEED TO REAPPLY, GIVEN THAT THE ZONING HEARING OFFICER WILL BE
[00:05:01]
ASSIGNED TO A DIFFERENT ATTORNEY'S FIRM.SO WE WANNA MAKE SURE THAT THAT'S CLEAR THAT WE HAVE APPLICATIONS IN, WE'RE STILL PENDING DECISIONS ON THOSE, AND I'M ASSUMING THAT AT SOME POINT IN TIME WE'LL HEAR FROM EITHER THE HEARING OFFICER OR FOR, FROM THE SPECIAL COUNSEL.
SO, UH, JUST WANTED TO MAKE SURE THAT FOLKS WERE AWARE OF THAT.
THE SHORTEST TIME
ANYTHING ELSE? THAT'S, THAT'S GOOD.
I THINK MS. BRIGHT RAISED A, UH, GREAT POINT THAT I DID LEAVE, LEAVE OUT OF MY EXPLANATION.
UM, WE HAVE RECEIVED, I HAVE RECEIVED SEVERAL APPLICATIONS FOR PARTY STATUS.
UM, AS MS. BRIGHT SAID, AS, UH, RELATED THROUGH MR. TIPMAN.
NOBODY NEEDS TO REAPPLY FOR PARTY STATUS.
UM, BUT WE'RE STILL ACCEPTING APPLICATIONS FOR PARTY STATUS AND WE'LL CONTINUE TO DO SO.
UM, ANYBODY WHO HAS APPLIED FOR PARTY STATUS DOES NEED TO APPEAR AT THE FIRST HEARING WHEN SCHEDULED, UM, AND YOUR PARTY STATUS WILL BE OFFICIALLY PROCESSED.
UM, AND, UH, IF GRANTED IT WOULD HAPPEN IN PERSON AT THAT FIRST HEARING, UM, YOU, ANYBODY WHO HAS APPLIED FOR FOR PARTY STATUS WILL RECEIVE AN UPDATE FROM ME, UH, VERY SHORTLY IN THE COMING DAYS.
[NEW BUSINESS (ACTION/DISCUSSION ITEMS)]
TO NEW BUSINESS.THE FIRST, UH, MOTION IS TO REINSTATE AND CLARIFY THE APPOINTMENT OF RUDOLPH CLARK, LLC TO SERVE AS SPECIAL COUNSEL TO THE BOARD OF SUPERVISORS ON ALL LEGAL MATTERS RELATED TO THE APPLICATIONS FILED FOR PARCEL NOTED.
I'LL MAKE A MOTION TO APPOINT RUDOLPH CLARK, LLC TO SERVE AS SPECIAL COUNSEL TO THE BOARD OF SUPERVISORS ON ALL LEGAL MATTERS RELATED TO APPLICATIONS FILED FOR PARCEL NUMBER 61 DASH 0 1 12 52 DASH 12 DASH SEVEN AKA PARKHOUSE.
ALRIGHT, NEXT ONE DOWN IS TO REINSTATE AND CLARIFY THE APPOINTMENT OF HARRIS AND HARRIS PC TO REPRESENT THE INTEREST OF THE ZONING ORDINANCE AS IT RELATES TO THE CONDITIONAL USE APPLICATION FILED BY ROERS FOR HOLDINGS LLC.
I'LL MAKE THE MOTION, UH, MOTION TO APPOINT HARRIS AND HARRIS PC TO REPRESENT THE INTEREST OF THE ZONING ORDINANCE AS IT RELATES TO THE CONDITIONAL USE APPLICATION FILED BY ROS FORD HOLDINGS LLC.
THE NEXT ONE IS TO CONSIDER APPOINTING RICHARD SARIA, UH, ESQUIRE OF HIGH SCHWARTZ LLP TO SERVE AS HEARING OFFICER FOR THE RO FOR HOLDING LLC CONDITIONAL USE APP APPLICATION.
I MAKE A MOTION TO APPOINT RICHARD S SARIA ESQUIRE OF HIGH SCHWARTZ, L-L-P-L-L-P TO SERVE AS HEARING OFFICER FOR THE LAWYERS FOR LLC CONDITIONAL USE APPLICATION.
ALRIGHT, NEXT ONE IS CONSIDER RESCHEDULING THE CONDITIONER USE HEARING FOR FUTURE DATE SET BY THE HEARING OFFICER.
I'LL MAKE A MOTION TO RESCHEDULE A CONDITIONAL USE HEARING FOR A FUTURE DATE TO BE SET BY THE HEARING OFFICER AND BEFORE MAY 30TH, 2024.
ALRIGHT, SO MADAM CHAIR, JUST TO, JUST SO THE PUBLIC IS CLEAR, UH, THE, THE BOARD NOW HAS BETWEEN NOW AND MAY 30TH TO SCHEDULE THAT, THAT FIRST HEARING.
UH, I'M NOT SAYING THAT THE DATE IS MAY 30TH, JUST TO BE CLEAR.
IT SHOULD BE NOW BETWEEN NOW AND MAY 30TH.
DO YOU MEAN IT HAS TO BE SCHEDULED BE BETWEEN NOW AND MAY 30TH OR, I MEAN, LIKE TAKE PLACE.
THE, THE, THE FIRST HEARING NEEDS TO OCCUR BETWEEN NOW AND MAY 30TH.
DO WE KNOW, UH, WHETHER OR NOT THE NOTICE PERIOD WILL BE A 60 DAY NOTICE OR WHETHER OR NOT IT WILL A BRIEF NOTICE? GREAT.
BUT THE, THE, UH, NOTICE REQUIREMENTS ARE SET BY STATUTE.
UM, AND SO THE, UH, NOTICE OF THE HEARING,
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UH, MUST TAKE PLACE, UH, NO MORE THAN 30 DAYS IN ADVANCE OF THE HEARING.UH, AND, UH, NO SOONER THAN SEVEN DAYS PRIOR TO THE HEARING.
THAT'LL BE RUN IN THE NEWSPAPER TWICE.
THE PROPERTY WILL BE POSTED, UH, AND ALL RESIDENTS WITHIN THE, UH, DISTANCE SET FORTH IN THE ZONING ORDINANCE WILL RECEIVE MAIL NOTICE AS WELL.
DOES THAT MEAN THE PROPERTY WILL BE REPOSTED? 'CAUSE A LOT OF THOSE HAVE BEEN TORN OFF DUE TO WIND STORIES.
THE PROPERTY WILL BE REPOSTED ONCE THE DATE IS DECIDED.
GREG, IF I MAY, SHORTLY AFTER THIS MEETING, I'M GONNA GO POST SIGN SAYING THE HEARING IS CANCELED.
SO YOU MAY SEE ME OUT THERE ON YOUR WAY HOME.
WELL, IT'S NOT TAKING PLACE TOMORROW.
YES, TOMORROW'S CANCELED THE DATE TO BE.
WE, WE HEARD WILL BE ANNOUNCED WHEN IT WHEN TO BE DETERMINED.
UM, THAT WILL BE POSTED TONIGHT AND THEN AS SOON AS THE OTHER, AS SOON AS THE NEW DATE IS PUT UP, WE'LL GO THROUGH THE SAME PROCESS WE WENT THROUGH WITH THIS ONE.
WHAT IS THE REQUIREMENT OF OBTAINING PARTY STATUS? UH, SO THERE, WHEN YOU, UM, IF YOU, HAVE YOU, UH, RECEIVED A FORM OR HAVE SEEN THE FORM FOR THE PARTY STATUS? SO IT'S, IT IS EXPLAINED A BIT ON, ON THE FORM.
UM, IT'S AN INDIVIDUAL DETERMINATION DEPENDING ON, UH, WHERE THE REQUESTER, UH, LIVES OR OR OWNS PROPERTY.
UM, IT'S A, IT'S AN ELEVATED STATUS THAT, UH, REFLECTS A PERSON HAS A PARTICULAR INTEREST OR IS PARTICULARLY AFFECTED BY THE RELIEF BEING REQUESTED, UM, WHICH INCLUDES YOUR PROXIMITY TO THE PROPERTY.
UH, THAT'S KIND OF THE GENERAL EXPLANATION.
UM, THE HEARING OFFICER, OR I, AND SPECIAL COUNSEL WILL PROBABLY GIVE, UH, A MORE IN DEPTH EXPLANATION IN THE CONTEXT OF THE CONDITIONAL USE HEARING, UM, WHEN ALL OF THOSE WHO ARE REQUESTING PARTY STATUS ARE GATHERED TOGETHER.
WHAT YOUR QUESTIONS I, I DON'T MIND ANSWERING THESE FOR, FOR THE PUBLIC'S CLARIFICATION.
IF THE BOARD IS, IS FINE WITH THAT, WITH THEM.
SO SIR, I ALL YOUR FIRST, COULD YOU PLEASE COME FORWARD? JUST YEAH, JUST COME SO EVERYBODY CAN HEAR IN THE MIC AND COME FORWARD AND PUT YOUR NAME AND YOUR ADDRESS.
AND THEN IS THERE A NUMERICAL LIMIT ON THE NUMBER OF PEOPLE THAT COULD BE HAVE MEMBER STATUS? THERE? THERE IS, THERE IS NO LIMIT.
YOU JUST, YOU NEED TO MEET THE, THE QUALIFICATIONS FOR PARTY STATUS, BUT THERE ISN'T ANY TYPE OF, ONLY A DOZEN PEOPLE CAN BE PARTY STATUS.
IT'S, IT IS AN INDIVIDUAL DETERMINATION FOR EACH PERSON WHO REQUESTS PARTY STATUS.
YOU STATED RELIEF IN YOUR PRIOR COMMENT WHEN SHE ASKED ABOUT HAVING, UH, STATUS.
WE DON'T PRIVY TO ANY RELIEF GRANTS REQUESTS.
SO CAN YOU COME UP TO THE MIC HERE? COME UP TO YOUR MIC AND, AND NAME AND ADDRESS PLEASE AND KEEP THIS MEETING SOMEWHAT
SO YOU, YOUR QUESTION WAS ABOUT MY, THE USE OF MY TERM RELIEF? CORRECT.
UH, SO, UH, IN IN GENERAL ZONING TERMINOLOGY, ANY UH, ZONING REQUEST IS CONSIDERED RELIEF.
SO IN THIS SITUATION, WE'RE DOING A CONDITIONAL USE HEARING.
A REQUEST FOR CONDITIONAL USE FALLS UNDER THE UMBRELLA OF, OF RELIEF VERY GENERALLY.
SO I'M NOT SAYING THAT THERE ARE, YOU KNOW, VARIANCES OR SPECIAL EXCEPTIONS.
IT WAS JUST WHETHER THE CONDITION, THE GRANTING OF CONDITIONAL USE IN THIS INSTANCE WOULD, UH, AFFECT YOU, UH, ANY MORE THAN ANY OTHER PERSON.
AND WHEN WOULD WE KNOW IF OUR APPLICATION, 'CAUSE I SUBMITTED A COUPLE WEEKS AGO AND I DIDN'T HEAR ANYTHING BACK.
SO THE APPLICATIONS HAVE BEEN RECEIVED, UH, BUT THEY WILL NOT BE PROCESSED OR RULED UPON UNTIL THE FIRST, UH, HEARING AND YOU'LL NEED TO APPEAR IN PERSON FOR THAT.
DO HUSBAND AND WIFE BOTH NEED TO APPLY OR IS ONE APPLICATION COVERING BOTH PEOPLE? I, IF THERE'S A HUSBAND AND WIFE THAT LIVE AT THE SAME PREMISES, YOU CAN APPLY IN A, A SINGULAR APPLICATION.
I, I I DON'T NEED BOTH OF YOU TO APPLY ON SEPARATE APPLICATIONS.
THE DETERMINATION WILL BE MOST, IF, MOST LIKELY BASED ON, UH, WHERE YOUR PROPERTY IS LOCATED AND THEREFORE THE ANALYSIS IS THE SAME.
[00:15:01]
DENBY, 1 3 5 BENNINGTON ROAD.UH, JUST A FOLLOW UP QUESTION ABOUT THIS PARTY STATUS ON THE FIRST DAY, IF, IF YOU ARE UNABLE TO MAKE THAT FIRST DAY IS, DOES THAT, UM, DO YOU LOSE PARTY STATUS? NO.
THIS, YOUR DETERMINATION MAY BE, UH, MAYBE MADE THE FUTURE HEARING WHEN YOU CAN ATTEND IN PERSON.
UH, IF, IF YOU CAN'T MAKE THAT PARTICULAR HEARING WHEN IT'S SCHEDULED, UM, THEN YOU MAY NOT BE ABLE TO PARTICIPATE OR ASK QUESTIONS OF ANY WITNESSES THAT ARE PRESENTED ON THAT FIRST NIGHT.
UH, BUT IT WOULDN'T EXCLUDE YOU FROM REQUESTING PARTY STATUS IF YOU'RE QUALIFIED.
I'LL MAKE A MOTION FOR ADJOURN.