Oaks Residents Voice Concerns to UProv Board

Although rezoning for 422 Spacemall was taken off the Upper Providence Township agenda on Monday night due to an extension being granted, several Oaks residents took to the microphone during public comment to express their concerns regarding the issue.

Several opposed to the rezoning, saying they do not want Audubon Land Development to be allowed to rezone their 49-acre lot on Brower Avenue from R2 Residential to Commercial.

Gil Zimmerman, from the Oaks Neighborhood Association, spoke to the board about the residents’ issues.

“We’re asking the township to take control of the timing of this project,” Zimmerman said. “Instead of [the residents] getting into a quid pro quo with Audubon Land Development we’re asking the township to step in and take a leadership position. … We don’t want to support rezoning in return for traffic remediation.”

Zimmerman said the residents are concerned about the traffic increase along Brower Avenue as well as the loss of residential property.

In an e-mail sent to Supervisor John Pearson and Vice Chairman Phil Barker on Monday morning, Zimmerman said, “I intend to go on the record tonight and ask you to put a moratorium on all development or zoning changes in Oaks area until there is an acceptable traffic mitigation plan implemented AND until the village definitions project is completed with an acceptable future-looking policy statement.”

Zimmerman reiterated that stance while speaking.

“We aren’t asking you to pass or write anything tonight, but we’d like to see something passed in the future,” he said.

Barker said Zimmerman’s use of the word “moratorium” concerned him. Solicitor Edward Skypala said the board cannot take a position. If a company comes in with a legitimate zoning request, the township cannot deny it out of hand.

“We’re not expecting the board to expose itself to litigation,” Zimmerman said.

Board Chairman Robert Fieo said the board is listening to Zimmerman and his neighbors and will continue to do so.

“The village definitions project that [Township Planning Consultant] Geoff Grace is working on will move faster due to the residents’ interest,” he said.

Resident Mark Sergas expressed concern that Audubon Land Development (ALD) was not following the development plan that was approved by the township board.

“What happens if one thing was submitted and something else is done?” he asked.

Skypala said that kind of issue would be fact-specific.

“Theoretically, if something is wrong, the township can withhold the certificate of occupancy, if you can justify it without inviting a suit,” Skypala said.

Adam Williams, a member of the Oaks Neighborhood Association who resides on Brower Avenue, expressed concerns.

“We [the residents] are not happy. This needs to be thoroughly thought about,” Williams told the board.

Williams told Patch after the meeting that his biggest concern is that many Brower Avenue area residents have wells to supply their water.

“They take that permeable land, put parking lots on it, what happens to our wells?” he said.

Williams also said that ALD agreed to put up 35-mile-per-hour speed limit signs on Station Avenue and has yet to do so.  

“It puts the burden on us as residents, to keep on top of this,” he said. “We have to keep coming to these meetings because if we miss one, that’s when it’ll come for a vote.”

While the public comment portion took up most of the 35-minute meeting, the board did discuss three other items.

The board adopted a proposed traffic calming program developed by FAZ Associates, the township traffic consulting company. Residents in the township will be able to apply for traffic calming measures if they feel there is an issue with speeding, congestion or other traffic problems. Solutions to traffic issues could include speed humps, raised crosswalks or police enforcement.

The applications and possible solutions will be reviewed by township staff and the planning commission, and will come before the board during regular meetings to be voted on.

The board also adopted a resolution to advertise changes to the zoning, subdivision and engineering standards in the township code. Those changes will be voted on after they are publicly advertised and township residents have the opportunity to give their input.

Finally, the board passed a motion to renew an inter-municipal agreement with Lower Providence Township to continue the township’s involvement with the Criminal Processing Center.

The next board meeting will be on Tues., July 5. It will be moved to Tuesday due to the July 4 holiday.