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White Clay Point Town Center project moving forward again

posted Thu, Jan 26, 2012

By Steve Hoffman

Chester County Press

After several years of relative inactivity, it appears as if the White Clay Point Town Center project along Route 41 in New Garden Township is about to move forward again.

An amended land-development plan for the mixed-use, village-style town center has been submitted to the township by PREIT (Pennsylvania Real Estate Investment Trust), the developer of the project.

Doug Grayson, the Executive Vice President of Development for PREIT, characterized the changes as very minor. The overall scope of the project remains unchanged from when the developer and the township reached a settlement agreement that resolved various issues relating to the project in 2007.

“The changes on this amended plan are related to a couple of the buildings,” Grayson explained, adding that the modifications are being made to suit the needs of specific tenants.

If the details of the amended land-development plan can be resolved quickly, it’s possible that preliminary work on the project site can begin by the end of this year.

The town center is the focal point of the project, but there will also be a multi-tenant retail center, a convenience store, and an age-restricted residential community.

PREIT, headquartered in Philadelphia, operates 49 retail properties, including 38 shopping malls, 8 town centers, and 3 development properties.

Supervisors ponder PREIT project changes

posted Thu, Jan 26, 2012

By Nancy Johnson

Chester County Press

 

The hour was late, but the New Garden Board of Supervisors were determined to go through their proposed edits in the latest correspondence with PREIT, but in the end their effort was in vain.  On Monday night a number of residents stuck it out as well, once again re-enforcing their concerns about the shopping center project that has been discussed for almost a decade.

It was clear from the meeting’s start that residents had concerns, though Roz DuPont was the only one to take to the podium during the opening public comment period. She expressed her concern “about PREIT wanting to change things on the agreement. If we vote to let them have anything they want, how does it square with what was agreed to five years ago?” She added, “One wouldn’t know how big the changes are as there are no additional hearings.”

Township solicitor Neil Land explained to DuPont and the audience as a whole that what was being considered by the Board that evening “were not significant changes to the settlement plan.”

“This is solely an effort to address minor changes like exterior building facades and locations of doors. There are no changes to impervious coverages or the sizes of the buildings,” he explained.

Later in the evening, when the PREIT agreement came up on the agenda, it was clear that the audience were not the only ones with some qualms about the changes requested by the developer.

Land, who in recent months has worked extensively on the agreement, told the supervisors, “The agreement being considered is a supplement to the settlement agreement with minor modifications. There are no additional buildings, no sharing of space, the number of tenants is the same,” he emphasized.

One of the changes PREIT had requested would give them some flexibility as far as the square footage size of the individual stores within a building.

“We want it to be successful,” Chairman of the Board of Supervisors Bob Perrotti expressed. “What does it matter if a store size goes up or down a little?”

Supervisor Warren Reynolds disagreed. “We have to try to maintain the quality of the establishments. I think people want smaller, upscale stores.” He emphasized, “My concern is not for PREIT’s success, it is for the residents of this township,” which drew some applause from the audience.

Supervisor Bob Norris noted, “I think there are some conflicts in the draft that’s in front of us.”

Land made it clear that he did not believe this draft would be the end of it. “This is going to be a negotiation. It is our proposal to them,” he said.

“The question is whether or not we’re willing to let them shift some percentage of floor space from one store to another,” Norris simplified. “It’s not about whether we can change the spirit of the shopping center. That’s long gone.”

“Right now the language allows them immense latitude,” Reynolds insisted. “We need a better definition. What does ‘minor’ mean?”

Although some of the supervisors favored taking more time to review PREIT’s requests and then finalizing their response at the next meeting, Norris pushed to complete the task that evening. “The only way we can get through it is to go comment by comment,” he said.

Supervisor Barclay Hoopes agreed, “Let’s get it done – the sooner the better. It’s been nine years and it’s not even started yet.”

But shortly after Land began reading the document paragraph by paragraph, it was clear that there were too many questions that could not be answered that night.

In the end, it was decided that Land would talk directly with PREIT’s attorney and get a better clarification on several items.

“We hope to re-address it as soon as we can,” confirmed Township manager Dan Fox.

***

For more information, please visit the Friends of New Garden website.

Developers’ plans for first phase of new mall draw citizen outrage

posted Thu, Jan 26, 2012

By Richard L. Gaw

Chester County Press

During a sometimes volatile three-hour exchange between commercial developers, New Garden Township supervisors and 150 local residents, plans were shared for the first phase of development for White Clay Point, an eventual 700,000-square-foot retail center on Gap-Newport Pike (Route 41) near Landenberg, which is anticipated to open in phases beginning in 2012. The meeting was held Oct. 10 at the Township Building.

Referring to a multi-colored image projected onto a large screen, representatives from the Pennsylvania Real Estate Investment Trust (PREIT) unveiled Phase 1 (A)(1) of the project, which calls for the construction of a 181,000-square-foot Walmart on the south side of Route 41, and a Wawa convenience store located to the south and across Route 41 from the store.

This phase, scheduled to break ground in 2011, is contingent on the receipt of financial agreements and signed documents — and is scheduled to be completed in the fall of 2012. This phase is part of a projected 716,000-square-foot retail and mixed-use town center, extending from just north of the Route 7 exit, and extending to Sunny Dell Road and Reynolds Road in Landenberg.

In addition to the Walmart, a multi-tenant retail center will be constructed adjacent to the store, and an 83-lot age-restricted residential community will be constructed on the north side of Route 41. Additionally, the project calls for road improvements to Sunny Dell Road, Sharp Road, Sheehan Road and the widening of Route 41, as well as some improvements on Route 7.

PREIT spokesman Greg Adelman said the project is scheduled to be smaller than originally expected. Based on the subdivision/land development plan changes for the project issued on Aug. 3, the “footprint” of the Walmart is being reduced from 184,198 square feet to 181,648 square feet, while the Wawa is being reduced from 6,105 square feet to 4,983 square feet.

Overall, the total impervious coverage for the site is being reduced from 2,045,432 square feet to 1,955,233 square feet – a decrease of 90,199 feet. The total proposed building coverage for the site will be reduced from 490,955 square feet to a little more than 472,000 square feet.
To make room for the new tenants, Adelman said that all current mushroom and compost operations in the vicinity of the development will be required to cease operation by the end of the year, and that these sites will be dismantled.

The White Clay Point project is only one of several retail properties owned and operated by PREIT. Founded in 1960, the Philadelphia-based company’s portfolio consists of 49 retail properties, including 38 shopping malls, eight community centers and three development properties, located in the eastern half of the nation and primarily in the Mid-Atlantic region.

The original seeds of this project date back nearly 13 years, when plans were first filed with the township’s planning commission. After two years of hearings with the planning commission, the project was first brought to a township board hearing on Nov. 29, 2001. On April 23, 2003, after 19 public hearings, the board attached 97 total conditions to the agreement. On May 14, 2003, PREIT appealed to the Court of Common Pleas in Chester County, and settled the lawsuit on June 25, 2007 after a series of public hearings.

The project received preliminary approval on Aug. 11, 2008, and final approval on Sept. 8, 2008. The first phase of development had been placed on hold due to the struggling economy.

During that time, the Township asked PREIT to focus on three components of the project: Its impact of the development on road safety, the proper development of stormwater management, and creating a proper architectural “feel” in the project’s design — all of which were addressed by PREIT, township officials and citizens at Monday’s meeting.

Mike Donovan, a Somerset Lake resident and a member of The Friends of New Garden, a grassroots gathering of local citizens concerned about the development, expressed concern that the impending construction would clog the Reynolds Road area on the south side of the planned development, and that after work was finished, the traffic going in and out of the mall would further create a logjam along an already busy Route 41.

“It’s going to affect our entire community,” Donovan said. “I told people that this will change the way we are, that people are going to use our community as a back road to the mall.”

According to traffic studies done on the project, there’s no reason to panic. Given that the planned project will be slightly smaller than the original design, township engineer Chris Williams said that a traffic study developed by the Pennsylvania Department of Transportation (PennDOT) has predicted that less traffic will be generated as a result of this reduction.

According to August’s plan changes, the development will include a revised water main design in the vicinity of Sunny Dell and Egypt Roads, as well as the construction of a water tower. In addition to being a little smaller than originally projected, the White Clay Point Walmart will look modern as well.

Thomas Comitta, a West Chester-based town planner, landscape architect and a township consultant, said that the Walmart meets all Township Planning Commission requests, and that the store will be contemporary in design.

“What we have here is far better than the other Walmarts we’ve seen in this area in the last five years,” Comitta said, noting the planned building’s modern roof line and use of contemporary colors. “Would we rather see something that looks like Rome? Yes, but we’re seeing different stylistic features.”

However, the dominant question asked by residents and some of the supervisors was, “Why a Walmart?”

“Walmart is the best economic engine for a successful center, particularly in these times,” Adelman said. “Without a Walmart, it doesn’t happen.”

When asked to include a list of other potential suitors for the site, Adelman declined to name stores that had been considered.

Over the course of the three-hour deliberation, township legislators and PREIT representatives got backlash from more than a dozen local citizens.

Kim Anderson of Somerset Lake discussed the income level discrepancy between Landenberg area residents and those who normally shop at Walmart, saying that the placement of the store in the area would lower home property values.

Laura Linderman of Landenberg, who read from a prepared statement, said that she had signed a petition against the building of the Walmart that had gathered more than 250 signatures, mostly from nearby residents. Her husband Dan appealed to the board of supervisors to “be on the residents’ side,” he said. “We should all be behind this project, and we’re not.”

In a prickly exchange between Board Chairman Robert J. Perrotti and Landenberg resident Dr. Deepak Doraiswamy, Doraiswamy asked Perrotti if the township supervisors are reflecting the needs of the community or the needs of PREIT. “But name one advantage of building a Walmart here,” Doraiswamy said.

Perrotti did not provide a response.

When later asked the same question, PREIT  representatives did not answer, saying instead that the advantages are included in earlier proposals.

After public discourse ended well past midnight, the board voted to proceed with the project, with the caveat that PREIT closely attend to seven provisions to the agreement spelled out by board member Bob Norris.

“The truth is that they’re (PREIT) sticking to the agreement of this deal,” Norris told the audience. “They have a legal right and they can do with it whatever they want to. They’re taking a huge risk and now they have to make decisions that are good for them.”

Perrotti pointed to the tax advantages for the township that the mall would bring.

“Every building on this project will need to pay school taxes,” he said. “The value of homes have dropped as much as twenty percent, and consequently, the school district has lost the resources as a result of of taxes having to be reassessed. If we don’t get tax revenues, taxes will have to increase. You can’t have the roads maintained and police coverage if you don’t have the income to do so.

“This will be one of the most major improvements made to this stretch of highway in my lifetime,” Perrotti added. “The improvements they’re planning for New Garden Township are huge for New Garden. We need a starting point, and we need it now.”

***

For more information, please visit the Friends of New Garden website.

New Garden Township Board approves plan for new Wal-mart

posted Thu, Jan 26, 2012

By Danielle Bouchat-Friedman

The Community News

October 12, 2011

New Garden Township, PA- More than 100 concerned New Garden Township citizens attended the Board of Supervisors meeting Monday night- a meeting which lasted well past midnight.

Residents argued with the board and representatives from the Pennsylvania Real Estate Investment Trust about the final stages of their commercial development project, which has been in the works since 2001. The project has been in the pipeline for quite sometime and drew such a large crowd for one of the major portions of the project: the construction of a new Wal-Mart.

The proposed development consists of 460,525 square feet of commercial/retail use south of Newport-Gap Pike. It also includes roadway improvements for Newport-Gap Pike, Sunny Dell Road, Sheehan Road, Sharp Road and the Limestone Road interchange. This project received initial approvals in 2008.

Greg Adelman, a representative for PREIT, said that the project was put on hold shortly after that approval due to the sluggish economy. Monday’s proposal included modifications to the plan, namely the modest reduction in the size of several buildings.

Adelman stated that the presence of Wal-Mart would boost the economy.

“Wal-Mart is the best economic engineer we can have, and is the best suited tenant for this project,” Adelman said, which resulted in sneers and jeers from the crowd.

Citizens were determined to express their opposition to the impending project, citing traffic and increased crime concerns as well as their desire for higher-end shopping.

Mike Donovan, a member of the Friends of New Garden Township, spoke to the board about traffic. According to the board, a traffic impact study was done by an engineer from PREIT, and was approved by PennDOT. By law, PREIT is not required to complete another at this time.

Kim Anderson, also a New Garden Township resident, thought the project would resemble the Exton Mall, with higher-end retail shopping.

“Our income levels are high, and a Wal-Mart is not what we needed,” Anderson said. “This is not the image we needed for our community.”

Herbert Blackwelder, Jr. a retired Land Use Planner for New Castle County, was the only resident who spoke in favor of the project.

“This project complies with all county regulations,” Blackwelder said. “Tenants will line up when the Wal-Mart comes in.”

The Board of Supervisors voted to approve the next stage of development, which could break ground as early as December of this year.

***

For more information, please visit the Friends of New Garden website.

New Garden residents angered over Wal-mart waiver

posted Thu, Jan 26, 2012

By P.J. D'Annunzio

The Kennett Times

November 23, 2011

With 3-2 vote, Board of Supervisors passes a waiver allowing PREIT to circumvent the normal development process in the creation of a new supercenter

NEW GARDEN — It is not uncommon these days to hear stories of small town residents fighting big business in an attempt to preserve their communities. Americans have been known to favor the underdog, but the reality is set farther apart from than the romanticized notions many in the township have held over this issue.

A 3-2 vote was rendered by the New Garden Township Board of Supervisors to grant a waiver to the Pennsylvania Real Estate Investment Trust (PREIT) to transfer ownership rights to the White Clay Point Town Center from a subdivision format to condominiums.

PREIT is the organization behind the development of such commercial centers as Main Street in Exton and the Voorhees Town Center in Voorhees NJ, to name a few.

“Some tenants come into developments where they can finance and separately secure their financing against either a parcel or a condo unit,” said Greg Aldeman, Spokesman and Legal Counsel for PREIT. “If you take away these units and it just becomes one big town center with no individual interests in the ownership of these buildings, you will discourage certain tenants from coming.”

The condominium format, while beneficial to PREIT, may increase the risk of units remaining vacant after businesses fail or move out, creating potential eyesores in the community and detracting from New Garden’s rural heritage and putting a blemish on Open Space.

The debate, however, lies in the sentiment of the residents, who in passionate discourse with the township relayed their growing distaste toward the concept of the large shopping center and also the perception that PREIT did not adequately relate “undue hardship,” a condition that is required for a waiver to be granted in such circumstances.

“A settlement agreement is a settlement agreement,” Attorney Dwight Yoder said to the BOS. “They have to show hardship. Even if there’s a lot of revenue coming in and the township could benefit financially, they have to show hardship…I would just say be careful what you wish for. I wonder if the transfer taxes will accommodate the one or two new police officer’s salaries needed to monitor a complex like this, to deal with the traffic problems, to deal with the shoplifting calls that will come from this store and that will have to be prosecuted.”

Yoder represents roughly 40 New Garden families in this dispute, including those of the Somerset Lake community located near the construction site of the town center.

“This is a classic self-induced hardship,” he continued. “You can’t create the hardship and then go to the municipality and say ‘By the way township, we have a hardship and we want to waive the plans.’ It’s my opinion that this is a way to essentially use a waiver as a backdoor way to get variances to zoning ordinances.”

Yoder then asked township solicitor Neil Land if, in his opinion, PREIT had demonstrated undue hardship before the board in their reasoning.

After reiterating the issue for some time, Land came to the conclusion: “No they have not.” However, the decision still rested in the hands of the Supervisors.

The meeting dragged on, from 7 PM to 11:30 PM, with citizens battling the township and PREIT in impassioned speeches, sometimes inciting uncontrollable crowd eruptions. Toward the end of the meeting, retiring supervisor Barclay Hoopes gave his take on the issue in a monologue that ranged from heartfelt to irate.

“How am I as a supervisor going to resolve this thing?” he stated. “We still haven’t solved the problem…Wawa’s going to be built and Wal-Mart is going to be built, regardless of any decision made tonight. It’s going to happen.”

“Another thing,” he continued, “I’m very concerned about our national economy. There are a lot of people out there who need jobs right now. Maybe we ought to put them to work…I value this community, I value each and every one of you.”

After the decision was made to allow the waiver, Warren Reynolds addressed his fellow board members.

“You’re granting a waiver that we’ve never granted before to the biggest entity we’ve ever dealt with, that has no hardship.” he said. “New Garden Township just got taken to the cleaners.”

The construction of the Wawa and the 181,000 square foot Wal-Mart complex is set to be completed in 2012, after breaking ground later this year.

***

For more information, please visit the Friends of New Garden website.

Board votes in favor of PREIT request

posted Thu, Jan 26, 2012

By Richard L. Gaw

Chester County Press

Following a three-and-a-half-hour deliberation on Tuesday, one in which impassioned citizens pleaded with its leaders to not give in to the wishes of a big-time developer, the New Garden Township board of supervisors voted 3-2 in favor of granting the Pennsylvania Real Estate Trust (PREIT) a waiver request to convert the new White Clay Point Town Center in New Garden Township from a subdivision into a condominium form of ownership that, according to PREIT, would provide flexibility in attracting potential tenants to the site, as well as stimulate the resale of the overall development.

Before a packed audience at the township building, Greg Adelman, PREIT attorney and spokesman, said that PREIT was making the request because it believes that requiring the Philadelphia-based company to go through a subdivision process would cause “undue hardship,” and that the arrangement would potentially dissuade potential tenants from becoming a part of the center.

“What we have found over time is that each tenant has different requirements in terms of how it finances its construction and development,” Adelman said.  “Some tenants come into developments where they can finance and separately secure their financing against either a parcel or a condo unit. If you take away these units and it just becomes just one big center with no individual interest in the ownership of these buildings, you will discourage certain tenants from coming. (If the waiver is passed), PREIT will still continue to manage the overall center and make sure that all terms are approved through the township.”

PREIT unveiled Phase 1 (A)(1) of the project at the township’s October board of supervisors meeting, which calls for the construction of a 181,000-square-foot Walmart on the south side of Route 41, and a Wawa convenience store located to the south and across Route 41 from the store. Scheduled to break ground later this year and completed in 2012, the Walmart and the Wawa will be the first phase of a projected 716,000-square-foot retail and mixed-use town center, extending from just north of the Route 7 exit, and extending to Sunny Dell Road and Reynolds Road in Landenberg.

In addition to the Walmart, a multi-tenant retail center is scheduled to be constructed adjacent to the store, and an 83-lot age-restricted residential community will be constructed on the north side of Route 41. Additionally, the project calls for road improvements to Sunny Dell Road, Sharp Road, Sheehan Road and the widening of Route 41, as well as some improvements on Route 7.

The project is scheduled to be smaller than originally expected. Based on the subdivision/land development plan changes for the project issued on Aug. 3, the “footprint” of the Walmart is being reduced from 184,198 square feet to 181,648 square feet, while the Wawa is being reduced from 6,105 square feet to 4,983 square feet.

PREIT was appealing to the township in compliance with the Shaffer Decision, a 2008 law passed by the Pennsylvania Supreme Court which ruled that the planned decision of a tract of land into units or the transfer of a unit cannot be done without first having receiving development approval by an authorized municipal-like association.

Adelman referred to the 2007 settlement agreement between the township and PREIT, which stated that “if the provisions of a township’s subdivision and land development ordinance conflict with the terms of this agreement, the terms of this agreement shall  govern.” “When you take a look at the zoning requirements in the settlement, if you make somebody comply with that, you will end up with never being able to have a condo (arrangement) on this property,” Adelman said.

“The issue of condominium ownership wasn’t dealt with because the law at the time didn’t require it to be done without municipal approval. It regulates the form of ownership that can occur on this property, it eliminates a feasible, working ability to form retail condominiums on this property.”

PREIT’s request caused a flourish of disapproval by township residents, who devoted a two-hour time block to emotional appeals — many of whom have their roots still dug in their opposition to the entire project — and tactical, well-planned arguments that presented the case that PREIT’s appeal of “undue hardship” didn’t have aleg to stand on. Donna Lewis of Somerset Lake questioned the validity of building a Walmart so close to the Delaware line. “This Walmart is going to be in Pennsylvania,” she said. “Fifty yards from there is Delaware. Who’s going to come and shop and pay taxes on multiple items when they can go to Lantana Square and not pay taxes?”

Richard Trask of Somerset Lake, a vocal opponent to White Clay project, said that a decision of this magnitude should go through the normal legal channels. “They’re (PREIT) using this settlement agreement to get what they want, and when they’re through with it, they’ll sell off chunks of land,” he said. “Doing this through by means of a waiver is probably illegal.”

Referring to the oversized architectural map of the White Clay plan on a screen beside him, Adelman responded to Trask. “You’re insinuations are wrong,” he said. “This plan hasn’t changed, and this board holds those keys. If someone else comes in here and says, ‘I want to build a Costco where the retail strip is,’ they will have to agree to that. This isn’t a subdivision. This is about the ownership of what you see on that board.”

Dwight Yoder, an attorney serving on behalf of 40 families whose homes are within site of White Clay Point – many of whom moved to the area after the settlement was agreed to — disputed that PREIT’s request was due to “undue hardship,” and urged the board to deny PREIT’s request and allow the subdivision process to take place, funneling the process through the township’s planning commission and zoning boards. “This is a classic, self-inflicted hardship,” he said. “You can’t create the hardship, and then go to the municipality and say, ‘By the way township, we have a hardship, and you have to waive the plans.’

“In my opinion, to essentially use a waiver to a subdivision is a backdoor way to get variances to zoning ordinances.”

Long-time supervisor Steve Allaband, who will replace outgoing supervisor Baclay Hoopes on the board next year, pointed out several discrepancies in the interpretation of the wording in the settlement agreement. He then asked township solicitor Neil Land whether the board had the authority to waive the subdivision process. According to Land, the township did, in fact, have the authority to grant the waiver.

“(The board) has the right and the responsibility, although there is no responsibility to reach that decision tonight,” he said.

Forming his opinion under the caveat of what’s best for the township, supervisor Bob Norris said that denying PREIT the waiver would force the township to challenge PREIT in court, which would cost the township thousands of dollars in attorney costs. “Will the township win that legal battle?” he asked. “If we force them (PREIT) to go with the subdivision process, we get stuck with big fat legal fees. We could stick it to them, but it doesn’t change the final outlook.”

Norris then appealed to the members of PREIT that if the waiver was passed, to consider the possibility of implementing more open space considerations to White Clay Point, in response to the many appeals from township residents. He then made a motion to pass the waiver und er the stipulation that no construction vehicles will be allowed through Somerset Lake streets during the time of construction and contingent upon agreeing to all terms of the settlement agreement.

When the final tally was taken, those in favor of passing the waiver were Norris, Chairman Robert  Perrotti and Barclay Hoopes. Those not in favor of the waiver were Betty Gordon and Warren Reynolds, who did not believe that PREIT’s argument for the waiver did not define “undue hardship.” “When someone is making a hardship claim, we should see some supporting documentation,” he said. “You need to show what the hardship is.”

At 11:30, soon after the decision was rendered, Reynolds leveled Norris, Perrotti and Hoopes with a closing response. “By saying, ‘I’m doing this,’ you’re waving all subdivision oversight zoning and deliberately all zoning oversight, including the zoning dimensional criteria in the settlement agreement. You have left New Garden with no oversight now. None. They have no need to even present a plan when it comes time to build the town center. You can say, ‘Present a plan,’ and they’ll say, ‘Why?’ You’re granting a waiver we’ve never granted before to the biggest entity we’ve ever dealt with, that has no hardship. New Garden Township just got taken to the cleaners.”

Reynolds’ comment, which he asked to put on the township record, drew loud applause from the many township citizens in the audience who remained.

***

For more information, please visit the Friends of New Garden website.

Supervisors polarized over PREIT

posted Thu, Jan 26, 2012

By Nancy Johnson

Chester County Press

Once again, on Monday night as the New Garden Board of Supervisors discussed requests by PREIT concerning their shopping center complex, there were two schools of thought on the subject.

PREIT is requesting clarification on several issues in the settlement plan, which township solicitor Neil Land summarized as 1) moderate modifications to the building footprints; 2) Ability to reallocate space (square footage) between buildings; and 3) Minor changes to the facades of the buildings.

After last month’s extensive discussion by the board on the subject, the supervisors had asked Land to put together a draft of an agreement that would allow the first and third of these requests, but would not agree to the second request, the one regarding the ability to vary the square footage among the buildings.

The concern among board members was that if PREIT was granted the ability to move the total square footage space among the buildings, they could take wind up with an even smaller town center area while the large power center would be even bigger.

“I think it’s a good response,” supervisor Warren Reynolds said of Land’s agreement. “But again, it’s all about what PREIT would like and what we’re going to give them. I think there should be something for New Garden in there, so therefore, I am not going to vote for it.”

Supervisor Betty Gordon also voiced her disapproval of granting PREIT’s requests. “I’m still uncomfortable with this plan. I don’t know what we’re giving away,” she insisted.

Gordon said she was concerned that PREIT had no tenants committed as of yet. “Is it the economy as they say or is it because businesses don’t feel it is the right location for them? What if it is sold?” she questioned. “I’m very uncomfortable with the whole thing. We are giving away some of our power and I don’t see what New Garden gets out of it but the money that they already owe us.”

In the end, the supervisors voted 3 to 2 to in favor of presenting Land’s agreement to PREIT, with Reynolds and Gordon casting the dissenting votes.

The supervisors also heard from Land regarding another topic that is a regular on the New Garden Township agenda, Candlewyck. The solicitor had prepared for the Board’s approval, release and hold harmless agreements for Travellers and Liberty Mutual Insurance companies that would finalize the transactions to release three bonds totaling $451,820. The monies will be used to complete a number of punchlist items left unfinished at the development by now bankrupt Orleans.

“It’s been a long haul to get there,” Land said with a hint of a smile. “We’re not done the project yet, but the release of funds will get it going. These folks have waited a long time.”

Township manager Dan Fox suggested that the Homeowners Association create a priority list of the work remaining at Candlewyck. “$451,000 may not cover it all,” he noted.

Land agreed that the punchlist should be prioritized from the most to least important items.

President of the Candlewyck Homeowner’s Association John Wiedmann asked, “What additional accountability is the Township going to take on?” He noted that while there may have been different members, the Board of Supervisors did return escrow money to Orleans.

The Nunan Group’s patience paid off as the supervisors unanimously granted approval for their land development project at 1120 Newark Rd. that has been in discussion for several years. The project will include constructing a 9,000 square foot commercial building on the site to be used primarily to store materials and equipment for ServPro. A small portion of the building will be used for training rooms.

***

For more information, please visit the Friends of New Garden website.

New Garden grants waiver for White Clay Point subdivision

posted Thu, Jan 26, 2012

By Wm. Shawn Weigel

Daily Local News

November 16, 2011

Resident accuses board member of conflict over White Clay Point

posted Thu, Jan 26, 2012

By Wm. Shawn Weigel

The Kennett Paper

December 20, 2011

An allegation of conflicted interest sparked a brief but intense exchange between a supervisor and resident at Monday night’s business meeting in New Garden.

At that meeting, supervisors voted 3-2 to grant the Pennsylvania Real Estate Trust’s request for a waiver made last month allowing them to use a condominium designation on their proposed project,

Supervisors Betty Gordon and Warren Reynolds cast the two dissenting votes, citing that their stance has not changed since the last vote in October.

Before the vote, however, resident Dan Linderman questioned board member Barclay Hoopes on an arrangement between his son’s business and the White Clay Point property.

Linderman said that Hoopes Brothers, LLC., a farming and landscaping company owned by Hoopes’ son, maintains a field on the 187-acre parcel, planting and harvesting crops and hay.

Linderman then asked Barclay Hoopes to recuse himself from voting on any further issues concerning PREIT and the White Clay Point project.

Hoopes said that he long ago revealed the nature of that agreement, one which he said has stood for over a decade as part of a similar arrangement with previous owners the Pia family.

Hoopes also said that both township manager Dan Fox and solicitor Neil Land informed him that there was no conflict of interest.

“I have never, with this board of supervisors in any discussion about PREIT, not let them know that my sons have been farming that land,” Hoopes said. “It is no surprise to this board.”

Hoopes noted that his family is likely the largest farming institution in the township and that he has no financial interest in Hoopes Brothers, LLC.

“There’s no kickbacks,” he said.

Land said that he was well aware of the arrangement and that he felt there was no conflict whatsoever, although he added that the decision to recuse himself rests entirely with Hoopes.

Although Linderman maintained that it wasn’t a personal attack against Hoopes, Hoopes said he took it as such.

“I’m not deceiving anybody, there’s no deception on my part. I’ve been through it, I’ve been through it, I’ve been through it,” Hoopes said.

Board chairman Bob Perrotti stood behind Hoopes’ decision not to recuse himself.

“No member of this board would ever question your integrity, Barclay,” Perrotti said.

***

For more information, please visit the Friends of New Garden website.