WHITPAIN TOWNSHIP PLANNING COMMISSION OCTOBER 2020
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WHITPAIN TOWNSHIP PLANNING COMMISSION
OCTOBER 2020
A work session of the Whitpain Township Planning Commission was held on Tuesday, October
13, 2020 at 6:30 PM as a video conference using Zoom video technology for the purpose of
reviewing the agenda of the public meeting to be held that evening. Chairman Kenneth Corti
presided with Planning Commission members Vice Chairman Richard Shorin, Secretary Cathy
McGowan, Joe Habboush, John O’Hara, Joseph Fay, Kent Conway and Alternate members Kurt
Zintner, John Miller and Natalie Macy. Township Engineer James E. Blanch, P.E., Assistant
Zoning Inspector Conor McCann, Township Planning Consultant E. Van Rieker, IT Director
Nicole Leininger and Recording Secretary Courtney Clemmer were also present.
1. Review of Ordinance #4-254 – An ordinance amending the Township’s Zoning Ordinance by
(1) adding a definition for “Independent/Assisted Living/Personal Care Home” to Article II,
Section 160-7 [Definitions/Word Usage and Definitions]; (2) adding article XXXIX entitled
“I/AL – Independent/Assisted Living Overlay”; (3) adding the “I/AL – Independent/Assisted
Living Overlay” to Article IV, Section 160-11 [Zoning Districts/Enumeration of Districts];
and (4) adding the “I/AL – Independent/Assisted Living Overlay” to the zoning map, as
incorporated into the Township’s Zoning Ordinance Article IV [Zoning Districts/Zoning Map]
and applying it to three properties identified as Montgomery County Tax Map parcel numbers
66-00-06340-00-2, 66-00-06334-00-8, 66-00-06337-00-5. (Formerly known as “Reed’s
Restaurant & Nightclub” at 1486 Skippack Pike).
Chair Corti will request clarification on the difference between the proposed Ordinance and
the one previously submitted as it appears the Applicant has removed the proposal of the
townhouse development. Mr. Conway said that it appears that any further development beyond
the senior living facility would have to be in accordance with the assigned zoning. Mr. Rieker
explained the process of bifurcating the property to allow for different zoning opportunities.
Mr. Rieker recalled a conversation with the Applicant that would consider deed restricting the
rear of the property. Mr. Rieker said that there was consideration to writing the Ordinance as
a Conditional Use, which would be reviewed by the Planning Commission and Board of
Supervisors. Mr. Rieker recommended the Planning Commission question what will happen
to the rear of the property – will the back portion of the property remain as private open space
or be developed. Mr. Blanch explained there are engineering limitations that would restrict
most development to the rear of the property, including costs to construct a roadway through
the floodplain. Mr. Rieker recommended asking the Solicitor to clarify the rules and
restrictions with the allowed use of the underlay zoning of the back lots if the overlay is not
used. Mr. McCann said that when the overlay district is in use, the underlay district is only
referred to if the overlay is removed or vacated.
Chair Corti said that the approval would add a sixth overlay to the Township’s Zoning
Districts.Whitpain Township Planning Commission
October 13, 2020
Page 2 of 11
Mr. Habboush inquired if he could ask the Applicant to deed restrict the open space. Chair
Corti said that the Planning Commission can ask but is unsure if the Applicant would answer
at this point in the review process.
2. Review current Zoning Hearing Board cases:
a. NO. 2248-20: DAVID C. AND ANNAMARIA C. SCHOPPE request variances from
Article V, Section 160-21 relating to Accessory Structure and Article XXVIII,
Section 160-207 relating to Kitchens in Residential Units to permit the construction
of a new garage on their property located at 945 Jackson Ave., Blue Bell, PA in the
Township’s R-1 Residential District which will have an in-law suite with a kitchen on
the second floor thereof. Applicant’s requested relief, if granted, will permit the
second floor of the garage to have a kitchen and be used as an in-law suite when the
Ordinance prohibits same and will also allow the side yard setback to be reduced to
15 feet when the Ordinance requires a minimum of 22 feet.
Mr. Rieker recommended deed restricting the addition to not allow for it to be used as
a rental space.
b. NO. 2249-20 CENTRE SQUARE FIRE COMPANY requests a variance from Article
XXXVIII, Section 160-258.I relating to Permitted Uses to permit the installation of
an off-premises 33 square foot, double sided changeable print LED sign on a faux
brick base on its property located at 1310 Skippack Pike, Center Square, PA in the
Township’s Community Shopping Center Overlay District. Applicant’s requested
relief, if granted, will allow installation of an off-premises LED sign when the
Ordinance prohibits same in any Zoning District except the IN-Institutional District.
Vice Chair Shorin wants verification that the sight lines will not be obstructed with
the installation of the proposed sign and that the Applicant will comply with all
Township sign regulations, specifically the number of times the sign changes.
c. NO. 2250-20 PUSHPINDER SINGH AND JAGPREET KAUR request a variance
from Article XXVIII, Section 160-203.C relating to Residential Rear Yard Intrusions
to permit the construction of a rear yard deck and porch onto their property located at
1902 Cori Lane, Blue Bell, PA in the Township’s R-7 Residential District.
Applicant’s requested relief, if granted, will allow the deck and porch to project 14.2
feet into the rear yard when the Ordinance permits a maximum projection of 10 feet.
Mr. O’Hara questioned if the development had any specific restrictions on
modifications to each property. Mr. Blanch said each unit is allowed up to a 10-foot
deck, but the Applicant requested larger and a covered portion which requires a
variance. Vice Chair Shorin questioned if the Applicant received approval from the
Homeowners Association. Mr. McCann said the Applicant did receive approval and
provided a letter with their submission.Whitpain Township Planning Commission
October 13, 2020
Page 3 of 11
d. NO. 2251-20 JOHN HOERDEMANN requests variances from Article VII, Section
160-33 (relating to Front Yards on corner lots) and Section 160-38 (relating to
Accessory Building or structures), Article XXVIII, Section 160-202 (relating to
Residential Projections into Front Yard) and Section 160-203 (relating to Residential
Projections into Side Yards) to allow for the construction of a tree house and attached
deck and a 33 foot by 24 foot, 2 story new addition on his property located at 1558
Clearview Ave., Blue Bell, PA in the Township’s R-2 Residential District.
Applicant’s requested relief, if granted, will: (1) allow the tree house and attached
deck to project into the side yard and front yard along Muhlenberg Avenue when the
Ordinance prohibits same; and (2) permit the new addition to project into the front
yard along Clearview Avenue when the Ordinance prohibits same; and (3) allow the
new addition to be 22 feet from the front yard property line along Clearview Avenue
when the Ordinance requires at least 50 feet.
Vice Chair Shorin noted that the treehouse and waterslide has already been
constructed and is incredibly large and visible from the street. Vice Chair Shorin
asked if the proposed 8-foot fence would be allowed by the Township. Mr. McCann
said that fencing over 6-feet requires a permit from Code Enforcement.
Mr. Blanch asked who reviews the pipe installation used for the waterslide. Mr.
McCann said that Mike McAndrew would review the plans as the Building Code
Official. Mr. Blanch said it does not appear to be safe currently. Mr. McCann said
that the treehouse has already been constructed but the waterslide and pond area that
are noted on the plans have not yet been built. Mr. Blanch said that based off of the
plans, there is not a safe support structure for the treehouse and waterslide.
e. NO. 2254-20 LISA MEDVETZ request variances from Article II, Section 160-7.B
relating to Word Usage and Definition and Article V, Section 160-13.A relating to
Use Regulations to permit her residence located at 813 Stony Brook Dr., Blue Bell,
PA in the Township’s R-1 Residence District to be used as a residence for six
unrelated adult student-athletes. Applicant’s requested relief, if granted, will allow the
Applicant to use her property as other than a single family detached dwelling when
the Ordinance prohibits same because it defines the word “family” to be, “A group of
persons living together and related to the head of the household by blood, marriage or
legal adoption, and, in addition, two gratuitous guests thereof.”
Vice Chair Shorin asked Mr. McCann for more information on this application. Mr.
McCann said that a neighbor submitted a complaint about the property and labeled it
as a “frat house” and a zoning enforcement notice was sent to the property owner.
Mr. O’Hara asked how this application differs from the previous application requesting
unrelated individuals living in the same house. Mr. Rieker explained that in the past
application, the Applicant argued it was an exception to the Federal Fair Housing Act
(FFHA) and that all residents were considered “handicapped” and must be allowed to
live in a neighborhood setting.Whitpain Township Planning Commission October 13, 2020 Page 4 of 11 The work session adjourned at 7:00 PM. Respectfully submitted, Courtney M. Clemmer, Recording Secretary
Whitpain Township Planning Commission
October 13, 2020
Page 5 of 11
WHITPAIN TOWNSHIP PLANNING COMMISSION
OCTOBER 2020
The ninth meeting of the Whitpain Township Planning Commission for the year 2020 was held on
Tuesday, October 13, 2020 as a video conference using Zoom video technology. Chair Kenneth
Corti presided with Planning Commission members Vice Chair Richard Shorin, Secretary Cathy
McGowan, Joe Habboush, Kent Conway, John O’Hara, Joseph Fay and Alternate members Kurt
Zintner, John Miller and Natalie Macy. Township Planning Consultant E. Van Rieker, Township
Engineer James E. Blanch, P.E., Zoning Inspector Conor McCann, IT Director Nicole Leininger
and Recording Secretary Courtney Clemmer were also present.
Chair Corti called the meeting to order at 7:00 PM. Chair Corti introduced the members of the
Planning Commission and Township Staff introduced themselves to the public that were present.
IT Director, Nicole Leininger, explained how to use the Zoom technology for the meeting.
1. Approval of Minutes
Chair Corti called for any comments or questions on the September 8, 2020 meeting minutes
from the Planning Commission, Township Staff or the audience. There being none, Vice Chair
Shorin made a motion, seconded by Mr. O’Hara to approve the minutes of the September 8,
2020 meeting of the Planning Commission. Chair Corti made a formal roll call vote: Vice
Chair Shorin, aye; Secretary McGowan, aye; Mr. Habboush, aye; Mr. Conway, aye; Mr.
O’Hara, aye; Mr. Fay, aye; and Chair Corti also voted to pass this motion. The motion passed
7-0.
2. Review of Ordinance #4-254 – An ordinance amending the Township’s Zoning Ordinance by
(1) adding a definition for “Independent/Assisted Living/Personal Care Home” to Article II,
Section 160-7 [Definitions/Word Usage and Definitions]; (2) adding article XXXIX entitled
“I/AL – Independent/Assisted Living Overlay”; (3) adding the “I/AL – Independent/Assisted
Living Overlay” to Article IV, Section 160-11 [Zoning Districts/Enumeration of Districts];
and (4) adding the “I/AL – Independent/Assisted Living Overlay” to the zoning map, as
incorporated into the Township’s Zoning Ordinance Article IV [Zoning Districts/Zoning Map]
and applying it to three properties identified as Montgomery County Tax Map parcel numbers
66-00-06340-00-2, 66-00-06334-00-8, 66-00-06337-00-5. (Formerly known as “Reed’s
Restaurant & Nightclub” at 1486 Skippack Pike).
Present for the Presentation: Marc Kaplin, Representative for Centre Square Hotel, Inc.,
Centre Square Investment Partners (Reed Family)
Chair Corti asked the Applicant the difference between the proposed Ordinance and the one
previously reviewed. Mr. Kaplin said the Ordinance does not include the 28 townhomes and
only allows for the senior living facility on the front of the property.Whitpain Township Planning Commission October 13, 2020 Page 6 of 11 Mr. Conway asked what the intent of the Owner regarding the remainder of the property. Mr. Conway said that his hope would be that it remains privately owned open space and asked if the Owner would have interest in deed restricting it as open space. Mr. Kaplin said he was surprised to hear the Planning Commission make such a recommendation and that he does not expect his client would like to deed restrict the land. Mr. Conway clarified that he was only inquiring on the use of the remainder of the property. Mr. Kaplin reminded the Planning Commission that Township Staff had approached him and asked for a compatible comprehensive plan to account for the entire property, which lead him to the original plan that included the senior living facility and 28 townhomes. Mr. Kaplin expressed his frustration since he provided a comprehensive plan and has now been recommended to deed restrict the remainder of the property as open space. Mr. Kaplin said the Owner will not consider a deed restriction and is unsure of what will be of the land. Secretary McGowan asked if the three parcels listed in the proposed Ordinance include the entire property or only the front. Mr. Kaplin said the three parcels include the entire property. Mr. Kaplin explained that the original idea was to combine the two uses and create an overlay district to include all three lots. Secretary McGowan asked if all three parcels are considered under the proposed overlay, meaning an assisted living facility would be permitted anywhere on the entire property. Mr. Kaplin said no and that the proposed Ordinance would only create an option for use, it is not a change in use or zoning. Mr. Kaplin said that the proposed senior living facility requires approximately 7 acres of land. Mr. Kaplin explained that the remaining two parcels would still be zoned R-1 but if there was a need or desire to build a second assisted living facility, that would be allowed under the proposed overlay. Mr. Kaplin said he would adjust the application to request the overlay account for only the front 7 acres of the property and leaving the remainder zoned as is. Mr. Kaplin said that all access points would be off Skippack Pike. Mr. Kaplin said he will edit the description of property to correspond with the recommendation to only rezone the front of the property where the senior living facility would be located. Secretary McGowan asked if the description would include one entire parcel along with a part of another. Mr. Kaplin said yes but can be adjusted further into the process. Vice Chair Shorin said the proposal is still unclear as it does not account for the entire property. Mr. Kaplin explained the residual land would remain as open space zoned R-1. The Planning Commission and Mr. Kaplin agreed that a resubmission of the map amendment to account for the new metes and bounds of the acreage to be used for the senior living facility would be accepted and reviewed once more. Mr. Kaplin said he will speak with Township Solicitor Michael Clarke to confirm if the application should be submitted to the Montgomery County Planning Commission. Mr. Rieker said the Planning Commission should consider waiting to review the amended plan until after the MCPC review, if required. Chair Corti said he would feel more confident in making a recommendation if it was presented at the November Planning Commission meeting. 3. Review current Zoning Hearing Board cases:
Whitpain Township Planning Commission
October 13, 2020
Page 7 of 11
a. NO. 2248-20: DAVID C. AND ANNAMARIA C. SCHOPPE request variances from
Article V, Section 160-21 relating to Accessory Structure and Article XXVIII,
Section 160-207 relating to Kitchens in Residential Units to permit the construction
of a new garage on their property located at 945 Jackson Ave., Blue Bell, PA in the
Township’s R-1 Residential District which will have an in-law suite with a kitchen on
the second floor thereof. Applicant’s requested relief, if granted, will permit the
second floor of the garage to have a kitchen and be used as an in-law suite when the
Ordinance prohibits same and will also allow the side yard setback to be reduced to
15 feet when the Ordinance requires a minimum of 22 feet.
Chairman Corti noted that the Applicant was not present for the meeting.
Vice Chair Shorin recommended that the structure be deed restricted to make sure it
cannot be used as a rental property.
Chair Corti stated that typically the Planning Commission remains neutral on Zoning
Hearing Board applications. The Planning Commission chose to remain neutral on the
subject application.
b. NO. 2249-20 CENTRE SQUARE FIRE COMPANY requests a variance from Article
XXXVIII, Section 160-258.I relating to Permitted Uses to permit the installation of
an off-premises 33 square foot, double sided changeable print LED sign on a faux
brick base on its property located at 1310 Skippack Pike, Center Square, PA in the
Township’s Community Shopping Center Overlay District. Applicant’s requested
relief, if granted, will allow installation of an off-premises LED sign when the
Ordinance prohibits same in any Zoning District except the IN-Institutional District.
Chairman Corti noted that the Applicant was not present for the meeting.
Chair Corti recommended that Centre Square Fire Company abide by standards
developed by the Township for changeable signs and they will work with the
Engineering Department to ensure a clear sight triangle is maintained.
Vice Chair Shorin asked the sign to be turned off at night as required in the Township
Code.
Mr. Blanch said he is working directly with CSFC on the location of the sign and they
have decided on a location that will not affect the sight distance and will have no impact
on utility lines or the traffic signal under construction.
Chair Corti asked if the sign is closer to the shopping center or closer to the former
residence. Mr. Blanch said it’s on the side of the driveway closer to the shopping center
on a piece of land owned by the fire company. Mr. Blanch said that because Skippack
Pike is not a road owned by the Township, it is not subject to the 75-foot sight triangle
rules but instead all PennDOT sight distance regulations.Whitpain Township Planning Commission
October 13, 2020
Page 8 of 11
Chair Corti stated that typically the Planning Commission remains neutral on Zoning
Hearing Board applications. The Planning Commission chose to remain neutral on the
subject application.
c. NO. 2250-20 PUSHPINDER SINGH AND JAGPREET KAUR request a variance
from Article XXVIII, Section 160-203.C relating to Residential Rear Yard Intrusions
to permit the construction of a rear yard deck and porch onto their property located at
1902 Cori Lane, Blue Bell, PA in the Township’s R-7 Residential District.
Applicant’s requested relief, if granted, will allow the deck and porch to project 14.2
feet into the rear yard when the Ordinance permits a maximum projection of 10 feet.
Chairman Corti noted that the Applicant was not present for the meeting.
Vice Chair Shorin commended the Applicant for the outstanding application
submission.
Chair Corti stated that typically the Planning Commission remains neutral on Zoning
Hearing Board applications. The Planning Commission chose to remain neutral on the
subject application.
d. NO. 2251-20 JOHN HOERDEMANN requests variances from Article VII, Section
160-33 (relating to Front Yards on corner lots) and Section 160-38 (relating to
Accessory Building or structures), Article XXVIII, Section 160-202 (relating to
Residential Projections into Front Yard) and Section 160-203 (relating to Residential
Projections into Side Yards) to allow for the construction of a tree house and attached
deck and a 33 foot by 24 foot, 2 story new addition on his property located at 1558
Clearview Ave., Blue Bell, PA in the Township’s R-2 Residential District.
Applicant’s requested relief, if granted, will: (1) allow the tree house and attached
deck to project into the side yard and front yard along Muhlenberg Avenue when the
Ordinance prohibits same; and (2) permit the new addition to project into the front
yard along Clearview Avenue when the Ordinance prohibits same; and (3) allow the
new addition to be 22 feet from the front yard property line along Clearview Avenue
when the Ordinance requires at least 50 feet.
Chairman Corti noted that the Applicant was not present for the meeting.
Vice Chair Shorin said there is understanding that the treehouse has already been
constructed but the waterslide and pond have not. Chair Corti said that the Planning
Commission had concerns regarding the height of the proposed fencing.
Vice Chair Shorin questioned if the structure would be removed in the future once it is
no longer in use to avoid it becoming an eyesore.Whitpain Township Planning Commission
October 13, 2020
Page 9 of 11
Vice Chair Shorin said he is not concerned with the construction of the addition,
however, is concerned with the size and safety surrounding the treehouse and
waterslide, specifically the pipe that goes directly into the water. Vice Chair Shorin
recommended the addition of railings to the treehouse.
Chair Corti stated that typically the Planning Commission remains neutral on Zoning
Hearing Board applications. The Planning Commission chose to remain neutral on the
subject application.
e. NO. 2254-20 LISA MEDVETZ request variances from Article II, Section 160-7.B
relating to Word Usage and Definition and Article V, Section 160-13.A relating to
Use Regulations to permit her residence located at 813 Stony Brook Dr., Blue Bell,
PA in the Township’s R-1 Residence District to be used as a residence for six
unrelated adult student-athletes. Applicant’s requested relief, if granted, will allow the
Applicant to use her property as other than a single family detached dwelling when
the Ordinance prohibits same because it defines the word “family” to be, “A group of
persons living together and related to the head of the household by blood, marriage or
legal adoption, and, in addition, two gratuitous guests thereof.”
Present for Applicant: Lisa Medvetz, Applicant
Jack Jamison, Tenant
Ms. Medvetz said that six students from Gwynedd Mercy University are currently
residing in the house. Chair Corti noted that there had been a complaint raised by a
neighbor.
Mr. Habboush asked what type of lease the students have. Mr. Jamison said it is a
two-year lease, which would take the students through their senior year. Mr.
Habboush questioned if the students are staying in the house on a weekly, monthly or
yearly schedule. Ms. Medvetz said that the same six students have agreed to a two-
year lease for the house.
Mr. Rieker asked if this application takes the place of the previous sober house
application. Ms. Medvetz said that the sober house application was denied by the
Zoning Hearing Board and been withdrawn. Ms. Medvetz said that the current
application has nothing to do with the sober house proposal.
Mr. O’Hara asked Mr. McCann if it is allowed for six unrelated individuals to live
together in the same house. Mr. McCann said no and that the application is to request
relief from the definition of a single-family. Mr. O’Hara asked how many unrelated
individuals can live in the same house. Mr. McCann said that the definition of family
is a group of persons living together and related to the head of the household by
blood, marriage or legal adoption and in addition, two gratuitous guests thereof. Mr.
McCann said that based on that definition, three unrelated people can live in the same
house.Whitpain Township Planning Commission
October 13, 2020
Page 10 of 11
Mr. Zintner asked what will happen once the two-year lease is completed or if the
tenants decide to vacate early. Ms. Medvetz said she may choose to live there herself
or decide to sell the property but has not made a final decision as to what will happen
after the two-year lease.
Vice Chair Shorin questioned if the proposed use would have been allowed if
Ordinance #4-252 was approved amending the zoning definition of family and group
homes. Chair Corti said that the Township Solicitor would know best.
Vice Chair Shorin said he frequently rides his bicycle past the house and noticed that
it is kept neat and orderly and has not seen an excess of vehicles. Ms. Medvetz said
she has a property maintenance company to maintain the yard.
Chair Corti reminded the tenants to abide by speed limits and to be mindful of
children and pets walking throughout the neighborhood.
Audience Comments
Vincent Marrocco, 1029 Blue Rock Lane – Mr. Marrocco asked if the variance would
be permanent for any future resident or owner of the property, upon approval. Mr.
Rieker said that it typically would be included with the land unless the Zoning
Hearing Board decides it could be allowed for a certain length of time.
Mr. Marrocco asked if there are similar variances already allowed anywhere in the
neighborhood. Chair Corti is unsure but recommended asking the Zoning Hearing
Board. Mr. Marrocco said that as a property owner in the neighborhood, he has
noticed cars parked on the lawn and the street and sometimes more than six vehicles
on the property.
Chair Corti told the audience this application would be heard at the Zoning Hearing
Board meeting on October 29th.
Chair Corti stated that typically the Planning Commission remains neutral on Zoning
Hearing Board applications. The Planning Commission chose to remain neutral on the
subject application.
4. Review pertinent planning issues.
There were no pertinent planning issues to be discussed.
There being no further business to come before the Commission, a motion was made by Mr.
Conway, and seconded by Mr. O’Hara to adjourn. Chair Corti made a formal roll call vote: Vice
Chair Shorin, aye; Secretary McGowan, aye; Mr. Habboush, aye; Mr. Conway, aye; Mr. O’Hara,
aye; Mr. Fay, aye, and Chair Corti also voted to pass this motion. The motion passed 7-0. The
meeting adjourned at 8:10 PM.Whitpain Township Planning Commission October 13, 2020 Page 11 of 11 Respectfully submitted, Cathy McGowan, Secretary
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