2005 ARTICLES
GOVERNOR RENDELL ANNOUNCES $1.2 MILLION INVESTMENT TO PROTECT PA.'S WILD RESOURCES
Pennsylvania Department of Conservation and Natural Resources,
http://www.dcnr.state.pa.us/news/newsreleases/2005/1205-wrcpgrants.htmHARRISBURG (December 14, 2005) - Governor Edward G. Rendell today announced the investment of more than $1.2 million to study and conserve Pennsylvania's rich variety of native plants and animals.
"We are working with environmental groups, as well as our universities, to study and examine Pennsylvania's bountiful wildlife resources," Governor Rendell said. "Pennsylvania is blessed with a wealth of native plants and animals, and our efforts to identify and conserve them is part of our endowment for our children's quality of life."
The Department of Conservation and Natural Resources administers the Wild Resource Conservation Program, which is providing the 31 grants through Growing Greener. WRCP works with the Pennsylvania Game Commission and Fish and Boat Commission to operate the program.
"Some of the many projects these grants fund will help increase our knowledge of wild ginseng, egrets and herons along the Susquehanna River and urban park habitats in the Pittsburgh area," said DCNR Secretary Michael DiBerardinis. "It will also continue our inventories of the ecosystems that add value to the commonwealth's landscape."
Launched in 1983, WRCP primarily finances research and protection efforts for native, non-game and wild plant species. Funds from the program have supported the reintroduction of otters, osprey, peregrine falcons and fishers to Pennsylvania; identified new plant and animal species; located rare plant species within the state; researched habitat for migrating birds; and provided educational materials to schools.
In addition to Growing Greener funds, the WRCP relies on state income tax refund donations, license plate proceeds and donations to support its work to protect and identify species of special concern.
For more information, visit DCNR's web site at www.dcnr.state.pa.us (choose DCNR at a Glance, Wild Resource Conservation Program).
EDITOR'S NOTE: The Tinicum Conservancy was awarded $25,000 to do a biological diversity inventory of the Roaring Rocks/Swamp Creek region of Tinicum Township in Bucks County to provide for better resource protection.
Group fighting sprawl in Bucks County raises $14,000 for fund
By Kevin J. Guhl
Delaware Valley News , November 03, 2005
A grassroots organization of Tinicum residents opposed to development they see as irresponsible collected more than $14,000 their first week for a legal defense fund to combat developers.
ECO-Bucks opened the legal defense fund at a public meeting last week, on the advice of their consultant Richard Klein, president of Community & Environmental Defense Services (CEDS). Klein recommended that a legal defense fund be established as insurance against township budgetary limits and the threat of rising taxes impairing Tinicum's ability to withstand eventual court challenges, said ECO-Bucks member Pat Whitacre.
Fellow member Rick Patt said that ECO-Bucks' top priority is hiring an attorney to help apply to the Pennsylvania Department of Environmental Protection for an "exceptional value" classification for Tohickon Creek. Doing so could protect it from developers' plans t dispose of treated effluent in the creek, he said.
"We would love to see the creek protected because of its serenity and ecological value," said Supervisor Nick Forte. Attaining an exceptional value status for the creek has been a township priority for 18 years, said Forte, but the process always stalled on a state level.
The legal defense fund might also be used for supporting political candidates compatible with ECO-Bucks' views and other, as yet unnamed, projects. The money could also supplement the township's legal fund if developers challenge zoning decisions in court.
Township solicitor Robert Sugarman said that it appears legal for township supervisors to accept donations for legal fees.
Forte said that supervisors, who are acting as the hearing board in the development proposals, have had no contact with ECO-Bucks.
"The board has not even discussed accepting funds from any entities at this point," said Forte. "I can only speak for myself. (I would accept them) if it became necessary to protect the quality of life in the township through the protection of established ordinances."
"People donated a lot of their money. It's a lot higher than we expected," said Patt. Although ECO-Bucks plans to hold fundraisers, the $14,000 resulted only from last week's meeting and flyers sent to Tinicum residents.
Developers are proposing more than 1,300 new apartments, condominiums and single-family houses in and surrounding Tinicum, as well as a sewage treatment plant to accommodate the growth. Developers Main Street and The Piper Group have had several meetings with township supervisors as they go through conditional use and curative amendment hearings. The development is focused on the Route 611 corridor between routes 412 and 563.
Group raises more than $10,000
Organization looks to help stop some Tinicum development.
By Kelly Madsen
Special to The Morning Call, October 25, 2005A local grass-roots group announced Monday it has raised more than $10,000 for a new legal fund to fight what it calls irresponsible development in Tinicum Township.
''The defense fund will be used for anything we deem necessary. We want to use it to support the supervisors. There are also strategic issues we want to look at,'' said Rick Patt, a board member of ECO-Bucks.
Patt announced the birth of the fund during a public meeting at Delaware Valley Fire Company in the village of Erwinna. More than 200 residents attended.
Tinicum solicitor Robert Sugarman is investigating the legality of the group possibly donating money to the township to support its legal costs as it considers development proposals from Main Street Group of Warrington and Piper Group of Pipersville.
The township has hired attorney Stephen Imms and Steven Harris to represent it as the supervisors consider the development applications.
Main Street wants to build 268 apartments at Route 611 and Tohickon Valley Road and 192 condominiums at Route 611 and Durham Road.
Piper Group has proposed 47 single-family homes at Gruver and Randt's Mill roads, 60 apartments at Route 611 and Tohickon Valley, 42 townhouses and 10 multiplexes at Route 611 and Tohickon Valley, and 77 single homes at Ervin, Randt's Mill and Gruver roads.
The developers would also like to build a sewage treatment plant that would discharge into Tohickon Creek.
ECO-Bucks sees the creek as a opportunity to thwart the developers.
''We would like to make the creek an 'exceptional value' waterway,'' Patt said.
The creek would gain greater protection if it gets that designation from the state Department of Environmental Protection. The protection is given to bodies of water that are already pristine. ''If we get it named an 'exceptional value,' we close another door for them.''
ECO-Bucks will look to state representatives and U.S. Rep. Michael Fitzpatrick, R-8th District, for help in getting the exceptional value title.
Patt said he was ''astounded'' by the amount of money raised for the legal fund Monday night.
''It shows that people are willing to open their wallets to preserve their quality of life.''
Patt stressed that ECO-Bucks is not against all development, but supports ''responsible sustainable growth.''
His group fears that, if built, the developments will tax Tinicum's limited groundwater and infrastructure.
''A developer can't ruin everyone else's quality of life to make a profit,'' Patt said.
Land Preservation Board head steps down
Ex-chairman still a member of Bucks agricultural panel; residents had raised concerns.
Of The Morning Call, 28 September 2005
The embattled chairman of the Bucks County Agricultural Land Preservation Board resigned from his leadership post on the panel Tuesday, a week after the county commissioners said they were concerned Penrose Hallowell's work on behalf of a developer may have conflicted with his farm preservation role.Hallowell, a Tinicum Township farmer and former state agriculture secretary, will remain a member of the board. Meanwhile, commissioners announced they had appointed a new chairman: Durham Township Supervisor Manfred Marschewski.
Marschewski is a farmer and longtime member of the preservation board.
Hallowell was unavailable for comment, but the commissioners released his letter of resignation. It said, "There comes a time in everyone's career where it is time to reassess priorities and provide opportunities for future leaders. As such, it is my intention to relinquish the chairmanship of the Agricultural Land Preservation Board so that Bucks County may transition into a new generation of leadership."
Hallowell has served as chairman of the preservation board since its inception in 1989.
Last week, a number of Tinicum Township residents raised questions about Hallowell's role in a planned 750-home development. Hallowell acknowledged selling some of his land along Route 611 so that the builders, Piper Group and Main Street Development, could erect a sewage treatment plant to serve the development. Hallowell also acknowledged representing the developers in approaching two property owners about selling their land for the project.
Hallowell told the commissioners that neither his land nor the other properties would qualify for the county's open space preservation program, which his board oversees. The panel reviews applications from farmers who desire to sell their development rights to the county government and makes recommendations to the commissioners on which farms to preserve. The commissioners make the final selections and authorize payments to farmers that typically add up to hundreds of thousands of dollars, although it is not believed they have ever turned down a recommendation by the board.
Tinicum residents complained, though, that while the land in question may not have qualified for the county's preservation program, the land may have been preserved under the township's own program. To qualify for the county program, the farm must have a high quality of soil. The township's program requires no test of soil quality.
After their meeting with the Tinicum residents, commissioners said they intended to speak with township officials in Tinicum to determine whether Hallowell's activities conflicted with the township's efforts to preserve land.
Commissioner Charles H. Martin said he is satisfied that Hallowell did not have a conflict of interest, but given the public profile of the preservation board's chairman he thought it would be wise if a change is made.
"He had such a high profile at the forefront of the land preservation effort, anything he might have done that didn't maintain that ethic was poorly received by a number of people,'' said Martin. ''He may not have used the best judgment accompanying developers' representatives in approaching people about selling their land."
Commissioner Sandra A. Miller also said she feels Hallowell can continue to contribute to the board. ''He's one of nine members,'' said Miller. ''I believe he can serve in a position that is a little less public.''
Commissioner James Cawley said he is eager to work with Marschewski. ''Bringing a new perspective to things will be important as we go forward,'' he said.
Serving Two Masters:
Penrose Hallowell Saves Land and Sells It
by the Editor
The Intelligencer, 18 September 2005You can’t really blame people for feeling betrayed by Penrose Hallowell, chairman of Bucks County’s farmland preservation board. In that position, Hallowell is logically and correctly seen as a friend of the land whose top priority is to try to slow the ever creeping spread of development that has already claimed most of the lower part of the county and much of Central Bucks.
But Hallowell isn’t just a land preservationist. He’s also a real estate agent by trade. And when he agreed to sell about 8 acres of his Tinicum farmland to developers intent on building a sewage treatment plant to serve more than 750 homes, his stock among several hundred residents plummeted. He now stands accused of having a conflict of interest, not only because he sold his own land but because his county position enables him to help developers as they seek to buy other land.
A group known as ECO-Bucks, which is opposed to the large developments planned for Tinicum, has collected the signatures of more than 500 people on a petition calling on the Bucks commissioners to remove Hallowell from his county post.
Hallowell said he’s selling the land for tax reasons. And he has no plans to resign from the preservation board because he doesn’t think he’s done anything wrong.
We agree that he has not done anything “wrong”. But he has put himself in the awkward position of trying to serve two masters: those who want to save farmland and those who want to build on it. In that position, it is difficult for Hallowell to engender much trust among those who are counting on the county board to work aggressively to preserve the land.
It hardly matters what Hallowell says in his own defense. His sale of land to the very developers that Tinicum residents are trying to keep at bay is an action that speaks much louder to his critics than any of his words.
Hallowell has chaired the agricultural land preservation board since its inception in 1989. He’s also a former state secretary of agriculture. And he owns farmland. So he knows a little something about the business and how important it is, especially to Bucks Countians, to keep farmland as farmland. During his tenure with the county, thousand of acres have been protected from development. We have no reason to doubt his integrity.
But when people talk disparagingly about a county official, the commissioners have to listen. So does the county official. An unfavorable perception has been created here that could – could – compromise the effectiveness of the land board.
Hallowell will have to change that perception. Failing that, he should seriously consider resigning his county position.
Bucks officials question if land deal poses conflict
Chairman of county Preservation Board selling 22 acres to developer.
By Hal Marcovitz
Of The Morning Call, September 22, 2005Bucks County commissioners want to determine whether the sale of a 22-acre property to a developer by the chairman of the county's Agricultural Land Preservation Board represents a conflict of interest that would merit ousting Penrose Hallowell from the post he has held for 16 years.
Hallowell, a Tinicum Township farmer, has acknowledged selling 22 acres from his farm on Route 611 to a developer who proposes to erect 750 homes and apartments. Hallowell's land will be used to build a sewage treatment plant to serve the new development.
''What we're dealing with here is perception,'' Commissioner Sandra A. Miller said Wednesday. ''There is a very clouded perception right now. Whether it is real or perceived, a conflict of interest is a serious concern of mine.''
Hallowell, a former state agriculture secretary, has been chairman of the Agricultural Land Preservation Board since its inception in 1989. The board reviews applications from farmers who desire to sell their development rights to the county government and makes recommendations to the commissioners on which farms to preserve.
The commissioners make the final selections and authorize payments to farmers that typically add up to hundreds of thousands of dollars, although it is not believed they have ever turned down a recommendation by the Preservation Board.
Miller said Hallowell met with all three commissioners a week ago and acknowledged selling the property to Tinicum Sewer and Water Group, which was formed by the Piper Group and Main Street Development. Miller said Hallowell assured the commissioners that the portion of his property in question has negligible farming value and would not have qualified for preservation under the county's development rights program.
Miller said she was satisfied with Hallowell's explanation, but on Wednesday several Tinicum residents who attended the commissioners' meeting suggested Hallowell's property may be worth preserving through alternate open space programs.
Patricia Whitaker said her township has its own open space preservation program, which it has financed through bond issues, and the criteria for land to be accepted into the program is not as stringent as the county's rules. Under the county's program, farms with premium soil quality are given top priority.
Since 1989 more than 90 Bucks farmers have sold their development rights to the county. There are about 50 farms on a waiting list.
''The goal of Tinicum Township's open space plan is to protect and preserve irreplaceable farmland,'' Whitaker said. ''If he's going to sell it to developers, we can't protect it.''
Damon Aherne of Tinicum pointed out that Main Street Development has filed curative amendment challenges against the township's zoning ordinance. If the court upholds the challenges, Aherne said, land that has been protected through zoning could be lost to developers.
''We feel it is a clear conflict for the head of your board working for and profiting from developers,'' Aherne said.
Tinicum resident Kim Rosamilia said, ''He's wearing two hats. He's saying, 'I'm serving on a board that preserves land from development,' and he's aggressively pursuing land for development.''
Hallowell responded that he was aware the Tinicum residents planned to address the commissioners and offered to attend the meeting too. Hallowell said the commissioners advised him not to attend.
''I understand they are very much against any development,'' Hallowell said of the Tinicum residents. ''My sale of that land supports development. I don't see any connection with it to preserving farmland.''
Hallowell conceded that the township has looser rules than the county for land to qualify under its municipal open space program. ''I think the township is wide open,'' he said. ''They can purchase development rights for any piece of land they want to.''
Commissioner Charles H. Martin said he wants to speak with Tinicum supervisors before he decides whether Hallowell should remain on the Preservation Board. He acknowledged that he has instructed the county solicitor's office to determine whether Hallowell can be forced to step off the board before his term expires in 2007.
Martin said, ''I'm still talking to elected officials in Tinicum Township and coming up with factual information. Let us get the facts together and see where it goes.''
Hallowell said he has no plans to resign. Hallowell is one of nine members of the board who serve without pay.
Hallowell refusing to resignBy BRIAN CALLAWAY
The Intelligencer, 9 September 2005Bucks' commissioners are trying to determine if they have the power to remove the embattled chairman of the county's farmland preservation board, although they said they haven't decided whether they'd want to do so if they could.
Penrose Hallowell, the longtime board chairman who's been facing steady criticism because of his dealings with developers, said he still has no intention of voluntarily leaving the board.
But there are some indications that the county's top leaders may see such a resignation as the controversy's least painful outcome.
"Obviously, that would be a solution for many people," said Charley Martin, chairman of the commissioners.
Martin said he "broached the subject" last week of Hallowell staying on the preservation board but giving up his seat as chairman, and Wednesday he said he would accept an outright resignation.
"I wouldn't be happy, I wouldn't be sad," he said. "I think it's unfortunate that this whole incident has occurred, because it's clouded a lot of good things."
Hallowell, a farmer and real estate agent, volunteers his time with the agricultural land preservation board, which has helped the county conserve thousands of acres of farmland.
County commissioners have the final say on how preservation money is spent and appoint the board's members - Hallowell's current term expires in 2007.
They've never considered removing a volunteer appointee before, though, and said they don't know if they could force Hallowell out even if they wanted to. They've asked the county's solicitor to research that.
Many Tinicum residents and preservationists have been blasting Hallowell for weeks because he's agreed to sell about 8 acres of his farm in the township to developers, who then hope to build a sewage treatment plant there. The plant would serve more than 750 homes.
A fresh round of criticism broke out this week over two of Hallowell's other dealings.
Hallowell, who's also the state's former agriculture secretary, has admitted he approached some other Tinicum landowners to gauge their interest in selling to developers. He's said he doesn't think that conflicts with his preservation work because none of the properties had been considered for conservation through the county's program.
However, Tinicum officials said they've approached at least one of the landowners, Tom Vanderlely Sr., about conserving his land through the township's preservation program.
Pat Whitacre, secretary of the township's open space committee, said she worries that Hallowell's involvement "competes" with Tinicum's preservation efforts.
Vanderlely couldn't be reached for comment Wednesday, but previously said Hallowell and developers approached him.
"It seemed strange to me that one of our well-respected farmers was with them," he told The Intelligencer earlier this month.
Hallowell said he didn't know the township was interested in preserving the land, and doubted his talk with Vanderlely affected anything.
"I've known Tom Vanderlely for 40 years, and it wasn't that big an issue that I was there," he said. "If Tom wanted to sell it, he would sell it."
Tinicum residents are also raising questions because Hallowell has agreed to give 0.6 acres off Oak Grove Road to another man, Royal Doner, who plans to combine it with a larger tract and build apartments.
The small piece is part of 21 acres Hallowell purchased in 2001 for $25,280 from a nonprofit group called the Bucks County Land Trust, public records said.
The land came with a conservation easement, public records show, "limiting (its) use to natural woodlands."
Hallowell said he was aware of the easement and told Doner's lawyer about it, but had no position on whether the land could be developed (indeed, it was unclear Wednesday whether any of Doner's proposed apartments would be built directly on the 0.6 acres).
"That wasn't my judgement," Hallowell said. "I agreed to the trade is all, I didn't say that it would qualify or it would not."
He said he agreed to give Doner the land in exchange for another tiny parcel elsewhere.
Doner declined to answer questions about the deal Wednesday, saying he was worried about "inaccuracies" in the newspaper. His lawyer, Robert Gundlach, could not be reached for comment.
Much of Wednesday's commissioners' meeting was dominated by questions about Hallowell.
Martin said the commissioners have received more phone calls and e-mails about the Hallowell matter than anything else in recent weeks. There's also an online petition with more than 1,100 names calling for Hallowell's ouster from the farm preservation board.
While critics have been the loudest, Hallowell has also drawn support.
Dan Cook, former chairman of the county's planning commission, said he'd once considered selling some farmland in Durham to developers. Instead, he said, Hallowell helped him get the land preserved.
"Given an opportunity to behave the way that people are accusing (Hallowell) of doing, he did not," Cook said. "If (Hallowell) were so inclined to bring a developer to somebody, it would have been me, and he didn't."
Martin said Hallowell has done a lot for the county, but admitted he wasn't pleased by some recent events.
"I certainly would question some of his judgements," he said.
Hallowell said he doesn't believe recent troubles should outweigh his years of preservation work.
"It's very disappointing to have people think bad thoughts of me when I know I'm doing good work," he said. "I think a lot of people still want to work together for farmland preservation and open space, and I'm one of them."
Petition seeks to oust Hallowell
By Brian Callaway
The Intelligencer, 13 September 2005Public pressure is building for the chairman of Bucks County's farmland preservation board to be ousted because of his dealings with developers. Hallowell, who met privately with the commissioners Monday, said he has no plans to resign and doesn't think he's done anything wrong. County leaders offered no indication they're pushing for his departure, although Charley Martin, the commissioners' chairman, said he wants to do "a little more investigating" before making a final decision.
Hallowell, who's chaired the agricultural land preservation board since its inception in 1989, has come under fire for agreeing to sell about 8 acres of his Tinicum farmland to developers looking to build a sewage treatment plant. That plant would serve more than 750 homes.
Hallowell, a real estate agent, has also been criticized for accompanying developers as they approached other landowners about selling.
The petition calling for Hallowell's removal was started by ECO-Bucks, a group opposing large developments that have been proposed in Tinicum. As of 6 p.m. Monday, 492 names were registered to an online petition, and an organizer said about 50 people had separately signed paper copies. The petition states that Hallowell's real estate activities conflict with the preservation board's goals since "he is in a position to discourage or block preservation of land that his clients seek to develop, and to use inside information to target owners who might be vulnerable to his overtures to sell."
It adds that selling his land for a sewage treatment plant "mocks the process of farmland preservation."
Hallowell said he's selling the land so he and his wife can set aside money that can be used to pay off estate taxes when they die. That way, he said, their children won't have to sell off any more land to settle tax bills.
"I would rather keep it, sure," he said of the land, but "we all have to pay our taxes and our bills."
He also said while he's accompanied developers to meet with about a half-dozen other landowners, none of those properties had been considered for farmland preservation.
"I didn't think it was anything improper," he said.He added that he's been "hurt and surprised and disappointed" by the criticism. "I don't know why they think by attacking me they're going to accomplish anything."
Buckingham Township Supervisor Henry Rowan, who signed the ECO-Bucks petition, said he's talked to many people who feel Hallowell's actions have overshadowed the county's farmland preservation efforts.
"They were deeply offended that the head of the county open space program was so actively cavorting with developers," he said. "The integrity of the entire program has been brought into question."
Bucks has protected several thousand acres of farmland from development in the past 15 years through its farmland preservation program. County commissioners appoint the members of the agricultural land preservation board, which helps rank farms on how important they are for conservation purposes. The commissioners have the final say on which farms to spend money on.
Monday morning, Bucks Commissioner Sandy Miller said she had misgivings about the "perception" of Hallowell's actions.After she spoke with him, though, she said she was at ease with the situation."I am satisfied at this point that there are no conflicts of interest," she said.
Martin said he thinks the county's farm preservation program can withstand any criticism stemming from the Hallowell situation. However, he said he still wants to talk to his fellow commissioners and others before deciding how to proceed.
"I still plan to do a little more investigating, let's say," he said. "Anytime anybody does anything that reflects in some people's minds on the county, I have a concern about it." Bucks' third commissioner, Jim Cawley, did not return several calls for comment Monday.
Hallowell to sell land to developers
By COURTNEY DENTCHThe chairman of the Bucks County Agriculture Land Preservation Board and a former state secretary of agriculture has agreed to sell his land to two developers planning a sewage treatment plant to serve more than 750 homes in Tinicum.
The Intelligencer, 8 September 2005Farmer and real estate agent Penrose Hallowell will sell his property on Route 611, across from Durham Road, to the Tinicum Sewer and Water Group, an entity formed by the Piper Group and Main Street Development, said attorney Robert Gundlach, who is representing the developers. The facility will serve four of their proposals.
But Hallowell's connection with the projects and his reputation as an agricultural preservation advocate have raised eyebrows in Tinicum, an Upper Bucks community along the Delaware River that has seen a flurry of development plans in recent months. At least 681 housing units are planned under six separate proposals, triggering opposition from residents concerned about maintaining the rural character of the community.
Hallowell, in addition to agreeing to sell his land for the sewage plant has, as a real estate agent, listed one of the properties purchased by Main Street Development and, according to some residents, has accompanied developers seeking to buy land.
"People from Main Street were here several times and at one point they were accompanied by Penrose," said Tom Vanderlely Sr., who has refused to sell his property at Route 611 and Durham Road. "It seemed strange to me that one of our well-respected farmers was with them."
Hallowell, who said his involvement has been limited to the sale of his property and the listing of another, does not see a conflict between being an advocate for open space and selling property to developers.
"The preservation programs are voluntary," he said. "The land owners can sell their development rights or sell their land. Most people are doing neither."
The sewage plans, filed with Tinicum Township last week, call for a wastewater plant with a capacity of 200,000 gallons of sewage a day, or an ability to serve up to 762 homes, Gundlach said. At an average of 3.5 people per dwelling, that's an additional 2,667 people in the township, or a 63 percent hike from the 4,239 people living in Tinicum, according to census data from 2004.
The site allows for the facility under the township's industrial zoning, and the plant would be built in phases, Gundlach said.
The facility would serve 444 units under two plans from Warrington-based Main Street Development, and another 123 under two Piper Group plans. Another 25 existing or proposed units also would hook into the facility, Gundlach said.
"There are some residents who have requested that the sewage system be reserved for their units as well," he said. "That has been allocated."
Hallowell's land, adjacent to the dairy farm his son now operates, also would house a water tower to provide water to the dwellings, but well locations still are being determined, Gundlach said.
Hallowell decided to sell the 22-acre property, which was used to farm clover this year, because "the price was what we were willing to accept," he said, although he would not name the dollar figure.
"That land is marginal as far as farming goes," he added. "There are some wetlands and some flood plains there."
Hallowell, 77, has owned the land for 30 years, but it never has been preserved under the county or state programs he administers as chairman of the agricultural land preservation board, he said. He has considered preserving another farm he owns in Tinicum, but he would rather "leave that decision to the next generation."
Aside from selling his own land, Hallowell was the real estate agent listing another property that Main Street Development bought, he said. Hallowell is an agent with Prudential Fox and Roach in Doylestown.
But Hallowell and Gundlach denied any further involvement in the projects.
"He has had no involvement whatsoever in any of the projects," Gundlach said. "He sold the ground he didn't need in an industrial area."
Hallowell has been the chairman of the county's agricultural land preservation board since its inception in 1989. The county commissioners appoint the board members and chairman, and Hallowell is serving his sixth three-year term. The board ranks farmland on a number of criteria and purchases the development rights under a state preservation program, said Richard Harvey, director for the county program.
Bucks County Commissioner Sandy Miller plans to see if Hallowell has been with developers as they try to buy land and if that poses a conflict of interest, she said.
"On one hand you have the purpose of the agricultural land preservation board, and on the other you have development," she said.
Hallowell served as state secretary of agriculture from 1979 to 1985 under an appointment by Gov. Dick Thornburgh. Under his watch, the state created the Bureau of Agricultural Development in 1982 to help expand marketing and business opportunities for farmers and help preserve state farmland.
During his time as secretary, he was a member of the National Association of State Departments of Agriculture, the National Advisory Council on Rural Development and the Eastern United States Agricultural and Food Export Council.
And last week, Hallowell sat on a panel at an open space forum hosted by Congressman Mike Fitzpatrick. The Aug. 29 forum was aimed at discussing land preservation issues.
"We need to keep up the initiative of commissioner and now Congressman Fitzpatrick and rally all levels of government and communities to work together in retaining the open space character of Bucks County," Hallowell said.
Despite his decision to sell his own land, Hallowell said, he still wants to protect other farms.
"I am still very anxious to see Bucks County preserve as much land as possible," he said. "I encourage every farmer to keep farming."
But, he said, it has been harder and harder to make a living doing that. Hallowell started farming 55 years ago, and he has seen costs increase tenfold, while the income a farmer gets from a quart of milk has gone from 14 cents to 26 cents, he said. He also sold off his father's farm in Warminster to pay the steep inheritance taxes, he said.
"Unfortunately, it is less profitable all the time to farm, and it doesn't seem to be improving," Hallowell said. "If you want to retire, the writing's on the wall."
Courtney Dentch can be reached at (215) 538-6369 or cdentch@phillyBurbs.com.
Village concept adopted
by Courtney Dentsch
The Intelligencer, 1 Sept. 05Tinicum supervisors approved a zoning ordinance Thursday night that will allow village-style development in the Ottsville area of the township.
It is designed to encourage developers to build small-scale structures and plan aesthetic streetscapes along the Route 611 corridor, said Tom Comitta, a planner and landscape architect who helped write the new ordinance. "We looked at the village of Ottsville and it’s form and character," he said. "We thought it might be a friendly home for this traditional village setup." The approved traditional village usage does not replace any other allowed in that area, including higher density projects. The traditional village use allows one housing unit per acre, while other zoning categories allow for five units per acre.
But Robert Gundlach, attorney for two developers who have filed six plans with the township, said it was unlikely anyone would choose the lower density. "I think you’re on the right track with the ordinance," he said. "I think you could see some good projects, but I don’t think you’re giving enough density."
Gundlach also complained that the ordinance was sent to the Bucks County Planning Commission too late for the full panel to make recommendations. The township met the required 30-day standard, and planning commission staff sent recommendations. But the commission was unable to review it in full before Thursday’s hearing.
The supervisors tabled a second ordinance that would have created a community usage with a density of one housing unit per 1.8 acres. Conflicting paragraphs on the use of open space that would be required with new developments needed to be resolved. Also, a separate paragraph eliminating certain uses was to be struck from the ordinance.
Two of Gundlach’s clients want to build nearly 700 housing units in Tinicum. The Piper Group of Pipersville has four proposals before the supervisors. Ottsville Square, at Gruver and Randts Mill Road, calls for 77 single-family homes, while another plan, Oak Grove Estates, would see 47 homes at that location. However, it is unclear if both projects would go forward if one got the greenlight. Two other projects, Tohickon Valley Farm and Durham Village, include plans for 60 garden apartments and 42 townhouses and 10 multiplex units, respectively, at different corners of Tohickon Valley Road and Route 611.
Warrington-based Main Street wants to build 268 garden apartments at another corner of Tohickon Valley Road and Route 611, along with a plan for 192 apartments at Durham and Oak Grove roads.
SEWAGE PLANT SLATED FOR HALLOWELL FARM
25 August 2005For many months, Wally Smerconish's Main Street Development Group(MSD) and Rob Sigety's Piper Group (PG) have refused to reveal the exact location of a proposed sewage plant to handle the multiple developments they have proposed in the Ottsville area, while nonetheless expecting action on their proposals from the Planning Commision and Supervisors.
Two Tinicum citizens who have asked to remain anonymous provided the information for this article. According to these residents, Penrose Hallowell directly confirmed to them that he has an agreement with PG and MSD for a sewage plant an approximately 22 acre parcel which he currently owns located on the west side of Rt. 611, just north of Rt. 113, across from the Carr Property where MSD has proposed building 192 apartments.
Hallowell is a realtor with Prudential Fox and Roach in Doylestown, PA. He has represented MS in attempted acquisition of several residential and farm properties in the Upper Bucks area. According to sources, Hallowell does not simply provide information to land developers on parcels that are for sale. His method is to find out what the developers are looking for, and then "go after the properties", and that he "gets Main Street a lot of properties". (NB: For this article, it was confirmed that 4 land owners in the Ottsville area with significant acreage have been approached by Hallowell on behalf of MSD, and refused to sell.)
When asked about the proposed 192 apartments across from the sewage plant, Hallowell allegedly replied that 'Main Street will decrease the number of apartments, take it to court, and win.'
Hallowell was Secretary of Agriculture for the Commonwealth of Pennsylvania in the 1980s'. He is currently appointed by the Bucks County Board of Supervisors as the Chairman of the Agricultural Land Preservation Board responsible for farmland preservation in Bucks County. He owns two additional land parcels, both on Oak Grove Road, totalling 82 acres.
The 22 acre farm parcel Hallowell has slated for a sewage plant abuts his son James Hallowell's dairy farm which is under farm preservation. The Hallowell family traces their roots in Bucks County back to the days of William Penn, and has owned and farmed land in Tinicum Township since the 1950's.
Plans for sewage treatment plant to be filed
By COURTNEY DENTCH
The Intelligencer, 24 August 2005Developers are expected to file plans later this week to build a sewage treatment plant in Tinicum township to support the 577 housing units they want to construct under four separate proposals.
Warrington-based Main Street Development and the Piper Group, located in Tinicum, are collaborating to establish a treatment facility on Route 611 under the name Tinicum Sewer and Water Group, said Robert Gundlach, the attorney representing the projects. The plans, which Gundlach said Tuesday would be filed later this week, will clarify the residential proposals, which have been under review by the township without information on how sewage would be handled.
"What's most frustrating on this side of the table is that your client is not inclined to identify their septic locations because it is all still up in the air," said Damon Aherne, chairman of the planning commission.
The plant would serve two proposals from Main Street and two from the Piper Group. Main Street wants to build 268 garden apartments at Route 611 and Tohickon Valley Road and another 192 apartments at Durham and Oak Grove roads. Piper is planning 60 garden apartments at one corner of the Route 611 and Tohickon Valley Road intersection and 42 townhouses and 10 multiplex units at a different corner.
Three of the plans were on the Tinicum Planning Commission's agenda Tuesday, but the discussions were tabled so the members could get the details on the sewage plant.
"The issue of water and sewer service is extremely important to the township," said solicitor Stephen Harris. "I am proposing that we put these things on hold."
The developers will seek to postpone hearings before the board of supervisors to allow the planning commission more time to make its mandated recommendation to the supervisors, Gundlach said. The commission is required to report to the supervisors before conditional use hearings begin on a project, Aherne said. Hearings on these plans were to start Sept. 6. "We're in a peculiar situation because we have to make whatever recommendation we can with little to no information on the impact this could have," Aherne said.
Solebury, authority in water fight(NB: IF DEVELOPMENT IS HAPPENING NEAR YOU, READ THIS CHILLING ARTICLE !)
By PAMELA BATZEL
The Intelligencer, 24 August 2005About 30 truckloads of water were taken from Solebury to provide water to a New Hope development early this month, upsetting township officials concerned that reserves already were short.
Solebury officials say the export of its water violated an agreement it has with the Bucks County Water and Sewer Authority and resulted in a "precipitous drop in water levels" of its residents' wells.
The authority says the action was a necessary response to "excessive" use of water in the 200-plus-home Riverwoods development, where water reserves dropped below the level needed to fight fires.
"This is not a permanent thing. This was an emergency thing," said Patrick Cleary, authority spokesman. "It had no impact on their wells."
The water - about 170,000 gallons - was taken from a public system the authority owns in Solebury. The authority operates that system under a 1983 agreement that prohibits the export of water from the system, which feeds more than 500 homes in the Northpointe, Fieldstone and Wilshire Hunt developments.
Bill Tinsman, chairman of Solebury's board of supervisors, said the township's water reserves are a limited commodity it must protect. Already there are signs the supplies are deficient.
The homes served by the public water system within the township have drawn down the wells of homeowners living adjacent to those developments, he said. Removing more water to serve another municipality only makes matters worse, he said.
***Throughout the summer, a small group of the Riverwoods homeowners were using well above the 150 to 250 gallons per day average their neighbors were using, he said. Some were using as much as 1,800 gallons, or more, day after day. (NB: Rob Gundlach, referring to anticipated water usage at MSD's 192 apartment Oak Grove Road proposal, repreatedly has assumed the '150 gallons per day' usage rate, but has offered no plan for a situation such as this. Developers build, then they leave.)
The authority was keeping a close eye on consumption, but on July 29 the water usage spiked, Butler said. A hot spell hit the region and neighbors who had not been consuming such large amounts of water joined their thirsty neighbors in tapping the system, many of them calling on the reserves to keep their lawns "lush and green."
Within a couple of days the alarm sounded that water levels had dropped too low to provide fire hydrants the pressure firefighters need to battle a blaze, and the authority had to turn to another system for temporary help, Butler said. Given the hazard, the authority was able to put letters on homeowners doors letting them know they were restricted to using a bucket if they wanted to water their shrubs or wash their car and they could not use sprinkler systems on their lawns. The community is now on a modified three-day schedule for watering their outdoor greenery.
The authority can't impose restrictions once the low-water threat is gone, but Butler said he will talk to the 10 to 15 percent of homeowners routinely using hundreds of gallons a day about their impact on the system and ways they can cut back. Authority employees have seen sprinkler systems soaking lawns in the rain.
Keith Deussing, recent past vice-president of the Riverwoods homeowners association, said he talked to Butler on Tuesday and said the organization is trying to learn more about the cause of the shortage. But he said the association would not join the authority in talking to neighbors about their water use. It has no say over how much residents use, he said.
Butler said the authority has had problems at Riverwoods since it purchased the water system about four or five years ago. But the development was still under construction until recently, and the authority anticipated with the new homes and new sod established this summer, the problem would clear up. That didn't happen, he said.
This marked the first time the authority took water from the Solebury system, said Jeffrey Garton, the authority's solicitor, who downplayed the significance of the 1983 agreement with Solebury in light of the situation.
"I think it's a well-recognized principal. Emergencies ... may authorize the deviation from the contractual agreement," said Garton.
Township manager John Granger said Tuesday that he didn't know what would happen. However, last week Tinsman said he did not expect the township to take legal action against the authority but that the township did want to "document this had taken place."
Pamela Batzel can be reached at (215) 345-3062 or pbatzel@phillyBurbs.com.
GUNDLACH: Lies, or Just Uninformed?
20 August 2005- Myth of "Tinicum Development District"
- Housing for "Working class families" Debunked
Robert W. Gundlach, Jr. of Fox Rothchild, Warrington, PA as attorney for Main Street Group (MSG) - Wally Smerconish - and Piper Group (PG) - Robert Sigety - has been quoted in several articles in regional newpapers with statements that are grossly incorrect.
DEVELOPMENT DISTRICT On multiple occasions, Mr. Gundlach has referred to the "Tinicum Development District" in justifying why his clients' high density developments should be approved (Bucks Co. Herald, 5/12/05; Intelligencer, 5/8/05; Intelligencer 7/24/05; Morning Call, 6/9/05). His statements suggest that the Township and citizens are acting inappropriately in challenging these proposals. In reality, Tinicum has no Development District. Tinicum does not and has never used this or a similar term in zoning. Yet Mr. Gundlach and his clients continue to use this term in communicating with local residents, as if one hears an untruth often enough, it might be assumed to be true. At worst, this is a concerted effort to propogate a lie to mislead the public and garner support for their cause. Or are we to just assume that the legal counsel for MS and PG is unaware of basic zoning laws?
WORKING CLASS HOUSING "Gundlach said his clients are satisfying the need of working-class families who want affordable housing. Prices for the homes would range from $100,000 to $200,000.", a direct quote from the Morning Call, 8/19/05.
The following information has been summarized from the Analysis of Fiscal Impact prepared by David Babbitt for MS and PG for each project below and submitted with the application documents to the Township.
Minimum annual household income required for various proposed units:
$500,000 units for Piper Group at Randt's Mill require income of $142,384 (page 7, analysis dated 12/18/03)
$350,000 units require income of $96,959 (page 6, Durham Village analysis, dated 7/14/05)
$310,000 units require $86,123 (page 6, Durham Village analysis)
$250,000 units require income of $69,869 (page 6, Tohickon Valley Farm TVF- analysis, dated 7/14/2005)
(Note that Cooper-Wehrung and Carr property applications propose same price per unit.)
"The annual net fiscal impact of the proposed development is projected to be moderately favorable for Tinicum Township, the Palisades School District, and Bucks County. One important reason for this projection is the high value of the proposed homes, relative to other homes in the area. The high value translates to higher revenue in the following categories: real estate tax, earned income tax, real estate transfer tax, and interest earnings." (page 1, TVF)
"By comparison, the median household income reported by the 2000 Census for Tinicum Township was $60,843, significantly lower than the minimum annual income needed to afford either dwelling type proposed in Durham Village." (page 6, Durham Village report)
-------------
Is this how Mr. Smerconish of Main Street, Mr. Sigety of The Piper Group, and their attorney Mr. Gundlach provide housing to the "working class" ? Is this another campaign to mislead the public, now to garner support from the "working class" and paint Tinicum as unsupportive of working families ? Glenn Collins' article in the NY Times quotes the mayor of North Haledon, NJ saying "Developers lie."(see below).
More of Mr. Gunlach's "approach" to development can be read by clicking here.
***** Read the following article from the New York Times to learn more about developers' tactics and their ultimate effect. *****
Driven by Development
By GLENN COLLINSNORTH HALEDON, N.J., Aug. 15 - Call it a tale of two townships.
Across the state border, they are 30 minutes, and 20 highway miles, apart. The borough of North Haledon in Passaic County, N.J., is verging on maximum buildout. Seventy percent of the town of Tuxedo in Orange County, N.Y., is open land.
But the towns are linked by more than the rainwater from Tuxedo that becomes the pure drinking water flowing from North Haledon's 1,431 wells.
The destinies of both municipalities are being driven by the urgency of escalating development. That point was made very publicly last month when Randy George, North Haledon's mayor, rose to take the microphone at a crowded Tuxedo public hearing on a new subdivision. He was the only New Jersey official who had made the trip.
Not unlike Marley's Ghost, he summoned up a dire specter: his premonition of Tuxedo's future.
Developers lie, Mr. George said from all-too-personal experience. They offer charming architects' renderings that might bear little resemblance to the projects they build. They talk about revenue riches but leave towns with schools to build, sewers to pay for and taxes to raise.
"The developers promise you everything, but you must remember, they are there to make money," he cautioned the audience in Tuxedo's 1928 town hall. "And as soon as they are gone, you're left holding the bag." The residents of 3.4-square-mile North Haledon and 45.6-square-mile Tuxedo are at the fulcrum of longstanding demographic and developmental forces that have increasingly claimed the attention of local governments and agitated residents across the region.
New Jersey, the nation's most densely populated state, is expected to grow by more than 750,000 people in the next decade or so. Planners predict that the demand from young home buyers, and baby boom grandparents retiring to designer communities in record numbers, will quickly consume all developable land.
"Development has been happening for hundreds of years, but it's more intense than ever because there is so little land left," Mr. George said.
And in a surprising admission for a politician, the mayor said that he - and the six-person Borough Council that he works with closely - had, in part, failed. "We've done well in limiting development, but we couldn't stop it," Mr. George said. Of the new residents, he said, "Though they pay taxes, they cost us money for services." He ticked off a few of the borough's developmental headaches:
Its insurers required North Haledon to buy a $750,000 new ladder truck for its volunteer fire department, to reach the tall new town houses being built in an abandoned quarry by K. Hovnanian Homes. Then the borough had to contribute $100,000 for an addition to the firehouse on High Mountain Avenue to shelter the new truck.
On Sept. 27, voters will consider a $30 million referendum to replace a 100-year-old elementary school.
The police force has grown from 17 to 18, and the public works department has hired new officials.
North Haledon is planning a $950,000 addition to its public works garage. It already had to buy a new $300,000 Jet-Vac machine to scour its sewer lines. To pay for such amenities, the borough had to impose a sewer-connection fee of $7,400 per unit on developers "because the state won't support towns by enacting developer-impact fees," the mayor said.
Burly and bearded, the 52-year-old Mr. George - who is on occasion taken for the actor John Malkovich - has held office since 1999. He and his wife, Lynn, have raised four daughters during the two decades they have lived in North Haledon. A lifelong Republican, he insists that despite his battles with builders, "I am not a tree-hugger."
Like 14 of the 16 mayors in Passaic County, he is a part-timer. Salary: $5,000 a year. He regularly spends 35 hours a week on mayoral duties, and his political avocation has often competed with his painting contracting business.
Developers have the upper hand because "they have more lobbying power than the towns, and more experience than many of the mayors and council people," the mayor contended. "They know more than I'll ever know about getting what they want."
Or as the North Haledon council president, Bruce O. Iacobelli - like the mayor, a Republican - said in an interview: "You have to watch everything the developers do, because they try to get in and get out as quickly as they can."
The borough's vigilance is such that on Aug. 3, it declared one developer, Belmont Homes, in default of its agreement to complete a six-unit complex on Sturr Street after an inspector found construction deficiencies. The developer has promised to address the problems.
The adversarial relationship seems never-ending, Mr. George said. Hovnanian tried to pack more than 700 town houses on its 101-acre quarry property but North Haledon wrestled the builder down to the current total, 301, he said.
"There are always negotiations that go on between a town and a developer," said Doug Fenichel, a spokesman for Hovnanian. He rejected any suggestion that Hovnanian has a build-it-and-run approach: "You don't survive in business since 1959, as we have, if you aren't taking care of municipalities."
Well-manicured, working-class and proud of it, this borough some two miles from Paterson had a 2002 population of 8,033, according to a census estimate, but will soon reach 9,000, Mayor George said.
In Tuxedo, there is still farmland and open space, but, according to Mike Edelstein, a psychology professor at Ramapo College who is the Democratic candidate for Orange County executive in the Nov. 8 election, "we are moving toward buildout like lightning."
Although formerly agrarian New Jersey towns saw a prodigious amount of development after World War II, the current growth in Orange County is "happening at a pace that is much faster," Dr. Edelstein said. "Without effective planning, we are heading toward a high tax base, a relative lack of services, impossibly congested roads and school-tax revolts."
In Tuxedo, Mayor George spoke in opposition to a plan to build Sterling Forge, 107 minimansions on a 575-acre tract of privately owned land within the 20,400-acre Sterling Forest, a preserve that New York, New Jersey and private donors spent $78.2 million to make forever wild. The turnout was so large that the hearing will be resumed Monday night, and Mayor George will be there. Mary Yrizarry, a longtime Tuxedo resident, is looking forward to the mayor's return, since his original speech "gave comfort to a lot of people who are afraid that town governments are not paying attention to these issues," she said.
"The idea that one town government would tell another town government how it really was - that's quite unusual."
But to Louis Heimbach, the president of Sterling Forest L.L.C., the Tuxedo developer, opponents of Sterling Forge "don't want anything to happen here."
"The world we live in has been built by development," he said. "Our world didn't get here thanks to the tooth fairy. Without developers we'd all be living in caves."
Developers insist that towns have all the advantages, by determining zoning in their state-mandated master plans, and in requiring new developments to satisfy inspections, performance bonds and "150 different permits with five different layers of government involved," said Patrick O'Keefe, chief executive of the New Jersey Builders Association in Robbinsville.
Mayor George responded, "I want them regulated by as many people as often as possible."
Builders eye big moves in Tinicum
Developers plan six projects to add 368 homes, 328 apartments.
By Kelly MadsenIf two Bucks County developers have their way, the number of households in Tinicum Township could grow by 46 percent.
Special to The Morning Call, 19 August 2005The Piper Group of Tinicum and the Main Street Group of Warrington have submitted six separate plans to the Upper Bucks township to build a total of 368 houses and condominiums and 328 apartments.
Township Manager Linda McNeill said there are 1,521 households in Tinicum.
Plans for some of the proposed developments have brought scores of protesters to township hearings. They fear how the homes will affect traffic, schools, water usage and the rural atmosphere of Tinicum.
''Tinicum, Bedminster, and Nockamixon have become the next targets of an insatiable appetite from greedy developers,'' said resident Richard Patt, who added that development has left little of the ''charm and beauty of Bucks County.''
Attorney Robert W. Gundlach of Fox Rothschild, who represents both developers, said it is time for Tinicum to accept development.
''The municipal planning code requires that each municipality bares its fair share of high-density housing. Tinicum has not allowed for it,'' he said.
Gundlach said his clients are satisfying the need of working-class families who want affordable housing. Prices for the homes would range from $100,000 to $200,000. (NB: In the developers' own plans submitted to the Township, the Durham Village, Tohickon Valley Farm, Wehrung-Cooper, Carr Property, and Ottsville Square, they state price averaging between $250,000 and $500,000 only.)
The Piper Group's Oak Grove Estates would build 47 single-family homes on 162 acres at Gruver and Randt's Mill roads. The plan was filed in early June and will have its first hearing by the supervisors at 7:30 p.m. Sept. 6.
Later that evening, the supervisors will begin a hearing for Piper Group's Tohickon Valley Farm, which would put 60 apartments in five buildings on 12 acres at Route 611 and Tohickon Valley Road. Its paperwork was submitted July 15.
Durham Village is Piper Group's 42-townhouse and 10-multiplex proposed development on a 20-acre tract at Route 611, Tohickon Valley, Durham and Headquarters roads. A multiplex is four or five attached single-family or multi-family homes.
Piper is challenging Tinicum's zoning ordinance, which limits the amount of impervious surface, which are areas that water cannot drain through, at Durham Village and the validity of the township's plan filing fee. Durham Village's hearing is scheduled for 9:30 p.m. Sept. 6.
Main Street Group has also proposed more development. It wants to build 268 apartments on 28 acres at Route 611 and Tohickon Valley Road, a project known as Wehrung-Cooper.(NB: These properties are being sold to Main Street by local businessmen Lou Cooper, of Cooper Mechanical and Vernon Wehrung, of Modern Concrete and Wehrung's Home Store.)
Gundlach is challenging the township's ordinance about the amount of agricultural soils that can be disturbed to build a development. Tinicum Planning Commission's special counsel, attorney Stephen Harris, filed a motion July 1 to dismiss the Wehrung-Cooper application because the township is in the midst of correcting some of its ordinances. When a municipality is doing this, it does not accept new development plans that challenge ordinances, explained Supervisor Gary Pearson. The supervisors will hold a hearing on the motion to dismiss the application at 7:30 p.m. Aug. 30.
Two other Piper and Main Street developments have been before the supervisors for some time.
Piper Group's Ottsville Square development seeks to build 77 homes on 210 acres at Ervin, Randt's Mill and Gruver roads. It was originally pitched in September 2003 with plans for a golf course, which has been dropped.
Main Street has proposed building 192 condominiums on 25 acres at Route 611 and Durham Road. This plan was submitted to the township in December.
In addition to the new households, Gundlach said his clients want to build a water and sewer plant on Route 611 to serve Ottsville Square, Tohickon Valley Farm, Durham Village and Wehrung-Cooper. He would not comment on where it will be, but said he will file plans next week. (NB: The joint Piper/Main Street venture for the sewage plant has been named the Tinicum Sewer and Water Group, L.P. with addresses at 1574 Easton Road, Warrington, PA 18976; also the address of Main Street and their attorney Rob Gundlach of Fox Rothschild.)
Standing against development
By COURTNEY DENTCH
The Intelligencer, 31 July 2005The day after William and Marylou Wenner decided to preserve their 38-acre farm in Ottsville, they got three offers from developers looking to buy their land.
"They just contacted us but we did not talk to any of them," said Marylou Wenner. "We wouldn't even consider it."
The Wenners moved into the old stone farmhouse on Park Road in 1958, and over the years they've seen developers turning pastures into apartment complexes and forests into townhouses, Marylou Wenner said.
"It's so lovely here," she said of her farm. "I hate to think of it being disturbed."
The couple, who married in 1949, agreed to sell the development rights, also known as a conservation easement, to Tinicum Township in a deal approved by the supervisors July 19. The agreement means that developers cannot build on the land, but the Wenners can continue to live there. The town bought the rights for $148,750, or 50 percent of the farm's appraised value, said Norm MacArthur, chairman of Tinicum's Open Space Commission.
The township has purchased several such easements on properties, but this is the first time a commercially zoned property was eligible.
"This was a very desirable piece of land with gorgeous, gorgeous views," said Pat Whitacre, secretary of the Open Space Commission.
The township has been feeling a considerable amount of heat from developers wanting to build. Main Street Development, of Warrington, plans to build 192 condominiums at Durham and Oak Grove roads and has submitted a proposal for 268 apartments at Route 611 and Tohickon Valley Road.
The Piper Group, of Pipersville, wants to build 77 homes at Gruver and Randts Mill roads, 60 garden apartments at the southwest corner of Route 611 and Tohickon Valley Road and 53 units of townhouses and apartments at the southeast corner of the same intersection.
"At a time when owners of other area properties have been lured by the profits offered by developers, the Wenners have refused offers by Main Street Development, Toll Brothers and others to sell their farm for projects ranging from apartments to a nursing home to a golf course," said Supervisor Nick Forte.
The Tinicum Conservancy started trying to get property owners to donate their development rights to the township in the early 1990s. The effort got a boost in 1997, when $500,000 in Bucks County Open Space Funds was awarded to the township, Whitacre said. When that money ran out in 2002, after the rights were secured for 200 acres, Tinicum voters OK'd a $5 million bond, to be repaid through a 0.25 percent income tax hike and a 2 mill raise in property tax.
A number of landowners have been considering preserving their land, and the township is negotiating at least 16 such easements, MacArthur said. Deals to protect 200 acres are likely to close in the next month, he said.
No-shows delay discussion on apartment plan
By COURTNEY DENTCH
The Intelligencer, 26 July 2005***(NB: This proposal for 268 apartments is on land being sold to Main Street Group by Lou Cooper (Cooper Mechanical) and Vernon Wehring (Modern Concrete, Wehrung Home Center).
The Tinicum planning commission put off discussing a plan to build 268 garden apartments because the lawyers representing the developer could not attend Tuesday's meeting.
A review of Main Street Development's plan, slated for the northwest corner of Route 611 and Tohickon Valley Road, was listed on the agenda, but a law clerk for Fox and Rothschild, the firm representing the builder, asked the commission to continue the discussion to its next meeting.
The clerk, Melissa Anderson, told the board that both Robert Gundlach and Herbert Sudfeld, the attorneys who have been working on the project, were at other municipal meetings and could not be in Tinicum.
The planning commission was to discuss the project and its challenge of Tinicum's agricultural soil protections. Main Street has challenged the zoning ordinance prohibiting anyone from building on more than 25 percent of farmland soils on a given tract of land.
Because Anderson is not a lawyer, the commission asked that one of the lawyers put the postponement request in writing Tuesday night to comply with municipal codes. Only an attorney hired by the developers can make such a request on the record, said commission member Trevor McNeill.
The commission took umbrage at the absences, particularly because Gundlach had requested the review at this meeting, said Chairman Damon Aherne. Gundlach also had asked the township to move ahead with conditional use hearings on the project, giving the municipality a time limit with which to work, Aherne said.
"This is a very awkward position to be in and it's not of our making," he said.
The planning commission pushed the item to its Aug. 23 meeting, but Aherne was concerned it might not be necessary. The township has filed a motion to quash the challenge, saying it is already in the process of reviewing its ordinances. That hearing is planned for Aug. 30.
"It might be what's known as a waste of this board's time in the event that it is quashed," Aherne said.
Couple take charge in Tinicum
They ensure farm won't be devoured by development.
By Kelly Madsen
Special to The Morning Call - 26 July 2005Marylou and Bill Wenner's decision to preserve their farm was more than a lifetime in the making. Along with saving the memories made on their 38 acres, they know their choice is a stand against developers who are increasingly targeting rural Tinicum Township.
''We hate to think that this could disappear,'' said Marylou Wenner, looking through her kitchen window to the green fields below. Selling the development rights for their Park Road farm to the township assures that it never will.
Tinicum, a river community of about 4,200, buys development rights — also called conservation easements — for up to 50 percent of a property's appraised value. The Wenners recently sold theirs for $148,750, which is half of their farm's appraised value, said Norm MacArthur, chairman of the township's Open Space Commission.
The Wenners can continue to live on their farm, but it can never be developed. Township officials are heralding the purchase as a preservation victory in the face of massive pressure from developers.
''I thank them from my head and my heart. I don't need to say how desirable for some individuals this property is,'' Supervisor Nick Forte said last week before a hearing for a developer who wants to build 77 homes in the township.
The Wenners agreed to sell their rights after they received letters from three different developers in one week, Marylou Wenner said. ''We never considered selling to developers,'' she said. ''[Preservation] is in my blood.''
Not far from the Wenners' farm, the Main Street Group of Warrington Township wants to build 192 condominiums at Route 611 and Durham Road, and an off-site sewage treatment plant. The Piper Group of Pipersville wants to build 77 homes at Ervin, Gruver and Randt's Mill roads. Both developers are seeking approval from township supervisors.
''Country life doesn't mean living in an apartment,'' Marylou Wenner said. ''Tinicum is so lovely, it's sad to see it dug up and developed.''
Pat Whitacre, secretary of the Open Space Commission, said that acquiring the rights to the Wenner farm is important because it is commercially zoned, which means apartments could have been built there.
''The neighbors are ecstatic,'' Wenner said of her decision to conserve the farm. ''They thought they would have to look down on apartments.''
There are other properties around the Wenner farm that could be preserved, Whitacre said, but she declined to discuss whether any of them are considering a conservation easement. The commission plans to announce new easement purchases about once a month for the next two years, MacArthur has said.
To stem the flow of new construction, the township borrowed $5 million in 2002 to buy easements. Voters agreed to pay 0.25 percent more in earned income tax and 2 mills more of property tax to pay off the bond.
Marylou's father, Kenneth Harte, was a member of the Izaak Walton League, a group that worked to preserve land around Lehigh River.
''He just loved this place. He thought we should keep it going,'' she said of the farm.
"We put a lot of sweat and blood into this house,'' said Marylou Wenner, who is the librarian at Pipersville Library.
From The Morning Call
Protest persists in Tinicum
Residents say they're willing to compromise with developers.
By Kelly Madsen
Special to The Morning Call, June 14, 2005A new glaring declaration of some Tinicum Township residents' protest against large-scale development has joined their usual chants and handmade signs.A nearly 20-foot-long, bright yellow banner, emblazoned with the black text "No Sewage Treatment Plant" now hangs between trees on a cliff above the township's parking lot.It was hung Monday to greet attorney Rob Gundlach, who is representing the Piper Group and the Main Street Group development companies that want to build 77 homes and 192 condominiums in the largely rural township.
Gundlach came to the township Monday night for a continuance in the Piper Group's hearing to build 77 homes on 210 acres at Ervin, Randt's Mill and Gruver roads.Along with concern over the effects of adding 269 residences to the township, residents are worried about the sewage treatment plant that would serve both Tinicum developments and a more than 100-home development proposed in neighboring Bedminster Township. Gundlach announced last week that his clients will work together to build the plant, but would not comment on its location. He did say that it would not be on the 25-acre plot at Route 611 and Durham Road that Main Street wants to develop.
"There are no legal documents that tell us anything about this plant," said David Phillips, a Tinicum resident and member of Environment and Community Organized. The group is separate from Eco-Bucks, another grass-roots community group that is protesting development.
He also said he is concerned because the condo development is in the Tinicum Creek and Tohickon Creek watershed and the federal wild and scenic area. The Piper Group originall pitched building 86 homes and a golf course in September 2003. A few months later, it revised the plans, reduced the number of homes and eliminated the golf course, Township Manager Linda McNeill said.
Monday night's meeting was the 24th hearing for the Piper Group's request to develop the property, and seven people have testified.
Phillips and resident Nick Bewsey said they would be pleased if developers came to the township to strike an agreement over an acceptable number of residences."We aren't anti-development. But this is so aggressive. We worry about the impact on our water and traffic," Bewsey said. "It's too much density for the area." "Bring the township something that says this will work for the area," Phillips said.
Township wants builders to pay
By COURTNEY DENTCH
The Intelligencer. 25 May 2005Tinicum supervisors liked their new park and recreation plan so much they adopted it twice.
The plan, which requires developers to set aside a certain amount of land for recreation when building in the township, was approved under a resolution last month. But an attorney for several development plans in Tinicum challenged the way it was approved, so the board voted it onto the books again at its July 12 meeting.
The plan was written by the township's parks and recreation committee with help from the Bucks County Planning Commission in April. Robert Gundlach, attorney for the Main Street and Piper groups, two developers planning large residential projects in Tinicum, filed the objection to the way the plan was approved. The developers say the township did not have the parks and recreation plan in place before adopting the ordinance.
"It was a procedural challenge," Gundlach said. "They didn't make the ordinance available for inspection."
The objection, filed with Tinicum's zoning board, likely will be discussed in September, but township solicitor Robert Sugarman argued that procedure was followed.
"He was saying we didn't adopt the plan," said Sugarman. "We didn't have to adopt an ordinance, but we did it by ordinance again as a backup."
The plan calls for 10 acres of recreation land to be set aside per 1,000 people moving into a development, said township manager Linda McNeill. Developers also could offer to pay about $1,000 a residence in lieu of the property, she said.
"Unfortunately, many developers are seeking to develop every last inch of land," said R. Douglas Hahn, chairman of the park and recreation committee. "This was initiated to provide for the recreational needs for the new people brought into the communities through the development."
It also specifies that the land must be suitable for recreation, meaning developers "can't donate the land their septic system is on," he said.
The plan has been in the works for nearly three years, Hahn said, because the committee and the supervisors wanted to be sure it met every municipal, state and federal standard.
Tinicum, still mostly rural, has become a prime target for developers. Main Street Group is proposing a 192-unit condominium complex at Durham and Oak Grove roads, while the Piper Group wants to build 77 homes at Gruver and Randts Mill roads. Both proposals are in the midst of conditional-use hearings before the supervisors. Piper also has filed two separate proposals for 60 garden apartments and 53 town houses and apartments to be built at Tohickon Valley Road and Route 611. Main Street also has plans to erect garden apartments at a different corner of that intersection.
(Hahn said) ..."A lot of the older developments had a lot of children with no place to play, and this is addressing that."
Developers eye rural township
By COURTNEY DENTCH
The Intelligencer, 24 July 2005If developers have their way, Tinicum could see 650 new housing units spread among five projects in coming years.
The township already is in the midst of hearings on two projects, and another three proposals have been filed in recent months, all by the Piper Group or Main Street developers, said Tinicum manager Linda McNeill.
But the developers say the plans they are proposing are allowed under township zoning and are actually within the area Tinicum set aside for just such projects.
"All the proposals are in the township's development district (NB: there is no "development district" in Tinicum) and zoned for the uses the developers are proposing," said Robert Gundlach, attorney for both Piper and Main Street. "Tinicum has not seen any development at all and now it is surprised by it."
The township has been holding at least two hearings a month to hear testimony on conditional use applications filed by both groups. The applications seek permission to build in the township's overlay districts, which protect various wildlife, agricultural or historic elements of the land.
"Every single plan in Tinicum needs multiple conditional use approvals," Gundlach said.
For Main Street's latest proposal, 268 apartments at Route 611 and Tohickon Valley Road, Gundlach challenged the township's agricultural soil protections. But Tinicum already is looking to revise its protections under a curative amendment, and township attorney Stephen Harris has responded with a motion to quash the challenge.
"When the municipality files a curative amendment, no one can challenge them for six months," Harris said. "The supervisors are looking at the ordinance to make revisions."
It was unclear what those revisions could be.
A hearing to discuss the motion to quash the challenge was slated for Tuesday, but it was postponed until the end of August due to scheduling conflicts.
"My client is very surprised at the attempts to dismiss these applications without getting the benefit of a hearing," Gundlach said.
Meanwhile, Main Street is eager to get moving on its conditional use hearings for that project, and it will be discussed at the township's planning commission meeting Tuesday and at a hearing later next month, McNeill said.
Main Street also has had about a half dozen conditional use hearings on a project to build 192 condominiums on 25 acres at Durham and Oak Grove roads. Gundlach has called scientists to testify on environmental and historical studies that were done at the site, and he expects the applicant's case to continue into the next two or three hearings, he said. Then the township will have an opportunity to present its case.
One of the major issues that has yet to be fully discussed is sewage disposal. Main Street and Piper are working together to propose an off-site treatment plant to accommodate their projects along 611, but plans, including a location, have not been nailed down, Gundlach said.
At a hearing on Main Street's condo plan Tuesday, Dr. William Palkovics, president of Del Val Soil and Environmental Consultants, a firm hired by the developer, testified that on-site sewage treatment could not be supported for 192 units. An alternate plan of 64 units put forth by Main Street was similarly insupportable, he said.
"You can't support 64, you can't support 192," said Supervisor Gary Pearson. "Is there any number that can be supported on site?"
While Palkovics had not studied the number of units that could be handled with on-site sewage treatment, he guessed the number was about 20 units.
Conditional use hearings on that proposal also continue until the end of August.
Tinicum has held more than 20 hearings on Piper's proposal to build 77 single-family homes at Gruver and Randts Mill roads. The project originally included an 18-hole golf course when it was submitted in late 2003, but the fairways were dropped from the plan after residents complained that it would require too much water.
Last week, Piper submitted plans for two more residential complexes: Durham Village, 42 townhouses and 10 garden apartments; and Tohickon Valley Farms, 60 garden apartments. The complexes are planned for opposite corners of the 611 and Tohickon Valley Road intersection.
The plans require conditional use approvals, McNeill said, and applications have been filed on both projects. Hearings had not been scheduled.
Attorney Hired to Fight Condos
from The Morning Call, 9 June 2005More than a dozen Tinicum Township residents have hired an attorney to represent them in their fight against a proposed 192-unit condominium development.
.....12 neighbors last week hired attorney Stephen Imms to speak their concerns during Tinicum's hearing for the proposed development on Route 611 and Durham Road. They fear in could dry up their wells, crowd Route 611, cause taxes to skyrocket and change the area's historic rural character.
Main Street Group, Inc.....is challenging Tinicum's ordinances that protect farmland soil and restrict building height.
Rob Gundlach, the attorney representing the Main Street Group.....protested Imms' involvement during Wednesday's hearing, claiming it violates "rules of fair play".
Gundlach said the Piper and Main Street Groups have joined to build a water and sewage treatment plant to serve the proposed Tinicum Developments and more than 100 homes planned by the Piper Group in neighboring Bedminster Township. He would not discuss the location of the treatment plant, but said it will not be on the Main Street Property.
ECO-Bucks protests Tinicum condo plan
From The Bucks County Herald, 12 May 2005The Main Street Group plans to build 192 residential condominiums at Durham and Oak Grove roads in Tinicum Township and some residents aren't pleased: More than 100 protesters,many of them members of ECO-Bucks, attended Monday's public hearing at the township building for the developer's proposal. ECO Bucks is a community group united against large development projects.
The Main Street Group is moving forward with its application for a permit and would require a zoning subdivision approval before beginning construction.The proposal is for 12 four-story buildings.The developments' proposed water usage was a hot topic at the hearing. The condos would likely use 60,000 gallons of water each day during peak consumption, according to civil engineer David Fehr. Tinicum's average well only yields 12,000 gallons a day,. township solicitor Stephen Harris said. Fehr said additional testing would need to be done before construction begins.
Harris also questioned the firm's plans to demolish an old farmhouse on the property. Fehr said Main Street Group filed a notice with the Pennsylvania Historical and Museum Commission, but no further study was done. Main Street Group's attorney, Robert Gundlach, noted that the site is within the townships development district and is zoned for the use.
(NB: Tinicum does not have a "development district"). Residents argued that the firm's proposed structures exceed the height restrictions for the area. This was the third hearing on the plan. Another hearing is planned for next month.
Residents protest proposed condominiums
Main Street Group Inc. wants to put 12 four-story buildings on a 25-acre farm at Rt. 611 and Durham Road.
By Kelly Madsen
The Morning Call, 10 May 2005As attorney Robert Gundlach pulled into Tinicum Township municipal building's parking lot Monday night, he was greeted with nearly 50 residents waving signs demanding ''No 192 Condos'' and ''No Main Street in Tinicum.''
As he walked through the crowd, their chant of ''We Say No'' grew louder. Inside the standing-room-only meeting hall, he was met with about 100 more people waving signs of protest to his client's proposal to build Tinicum's largest development to date.
So many people came to a hearing Monday night to protest and learn more about the proposal that some had to stand outside open doors and windows to hear the proceedings.
''This is just another inappropriate development for this area that is not considering the environmental factors and the impact on the health and welfare of its neighbors,'' said resident Bill Ballantine.
Gundlach's client, Main Street Group Inc., wants to construct 12, four-story condominiums totaling 192 units on a 25-acre farm at Route 611 and Durham Road. The complex would also include a pool, community center and parking areas with each unit being about 2,000 square feet and selling for between $250,000 and $275,000.
The developer is challenging Tinicum's ordinances that protect farmland soil and restrict building height. Monday's hearing was the second on this matter.
Main Street is challenging the ordinance that says that 75 percent of the farmland cannot be built on, which in this development would be about 19 acres. The land Main Street wants to build on is also in the Tinicum Creek and Tohickon Creek watersheds.
Tinicum planning commission Chairman Damon Aherne said there is a 35-foot height limit on buildings.
Most of the residents present Monday were notified of the hearing by a local environmental action group, Eco-Bucks, that recently reformed to protest this complex and the 77-home development on Ervin and Randt's Mill roads, proposed by the Piper Group.
Condo plan draws ire of residentsBy COURTNEY DENTCH
The Intelligencer, 10 May 2005TINICUM - More than 100 Tinicum residents mobbed the entrance to the township building Monday, carrying signs protesting a plan to build 192 condos and chanting "we say no" in greeting the developer's lawyer as he arrived for a public hearing on his client's proposal.
Attorney Robert Gundlach is representing the Main Street Group in its application for a permit to move ahead with a plan to build 192 residential condos at Durham and Oak Grove roads. The firm would have to get a zoning subdivision approval once it moves closer to construction.
Gundlach slowed his car to survey the crowd of angry homeowners who awaited him once he parked in the packed lot. Poster board signs declared "no condos in Tinicum," and "it's our township and we will decide how it grows."
"It's obvious the residents don't want to see development in the township," he said of the welcome wagon. "It's the same as in any other township."
Most of the residents at the hearing were members of the ECO-Bucks, a community group united against large development projects. Those who made it inside the building sat on every available surface, including the floor, while others listened to the testimony of civil engineer David Fehr as they stood outside the windows - thrown open to ventilate the packed house. Township attorney Stephen Harris questioned Fehr, who works for the Main Street Group, for the bulk of the more than two-hour hearing, questioning him on proposed water usage and other issues.
The proposal for 12 four-story buildings would likely require 60,000 gallons of water per day during peak consumption, Fehr said. Yet the average well in Tinicum only yields 12,000 gallons a day, Harris said, and Main Street has not drilled any monitoring wells to check access to the water supply, Fehr said.
"You've done no testing on what the impact of drawing 48,000 more gallons a day would have on nearby wells, have you?" Harris asked.
Fehr responded by saying additional testing would need to be done before construction actually begins.
Harris also asked if the Main Street Group had any research on the possible historic or architectural importance of an old farmhouse on the property that it plans to demolish. The firm filed a notice with the Pennsylvania Historical and Museum Commission, but no further study was done, Fehr said.
Group is holding builders' feet to fire
By COURTNEY DENTCH
The Intelligencer, 8 May 2005A Tinicum homeowner's group wants to turn up the heat on developers Monday at a public hearing on a plan to build 192 condominiums off Route 611 and Durham Road.
The Main Street Group is seeking a permit to move ahead with its proposal to develop land at Durham and Oak Grove roads. Monday's hearing will be the third on the matter as supervisors hear testimony on the plan.
Members of ECO-Bucks, a resident organization formed to present a united front against a slate of development proposals, plan to pack the township building, carrying signs, wearing T-shirts and making their opinion known, even though they won't be able to make comments for the record at this hearing.
"We want the attorney for the Main Street plan to feel the heat. We want him to squirm," said Bernie Smith, one of the ECO-Bucks coordinators.
Public comment on the plan will be allowed once the developers and the township have finished calling their witnesses.
The Main Street Group is seeking a permit and would have to get a zoning subdivision approval once it moves closer to construction, said township manager Linda McNeill.
The plan calls for 192 residential condos in the town's development district, said Robert Gundlach, the attorney representing the builder in the hearings. The project includes a sewage treatment plant for the units, something ECO-Bucks fears will expand and lead to more development.
The Main Street plan would provide reasonably priced workforce housing in Tinicum, Gundlach said.
"Frankly, my client is surprised at the comments from the community because the property is in the town's development district (NB: there is no "development district" in Tinicum) and is zoned for this use."
ECO-Bucks is concerned the project will change the rural character of the area and create a "development domino effect," Smith said.
"Growth is a constant and necessary thing, but growth must be managed by the community," he said.
Tinicum is also in the midst of public hearings on a proposal from the Piper Group for a development of more than 70 homes at Randts Mill and Gruver roads.
"Tinicum is the hot spot now," Tinicum Planning Commission member Damon Aherne.
Cash crop
By: JOHN WILEN (Sun, Feb/20/200S)
The IntelligencerFarmers in Bucks and Montgomery counties received nearly $15.2 million in federal farm subsidy payments between 1995 and 2003, according to U.S. Department of Agriculture data.
And not everyone who received farm subsidies is someone you would typically think of as a farmer.
Recipients included:
Montgomery County itself, which took in $178,700 over that eight-year period, making county government the largest recipient of subsidies in the county;
Former Pennsylvania Secretary of Agriculture Penrose Hallowell, who with son James received $152,400;
The Piper Group, a Pipersville developer that received $43,100;
George Egly, a Hilltown supervisor and former police chief, who received $15,400;
Edmund Ludwig,a federal judge, who received $6,400.
Hallowell says about $50,500 in his subsidies were under an environmental program in which he and his son agreed to store manure in a lagoon and spread it a couple times a year, rather than to spread it every day. He referred questions about $91,400 in commodity subsidies to his son, James, who did not return a call for comment.
The Piper Group's owner, Rob Sigety, says he supports the president's plan to cut the subsidy program, even though cuts would reduce his subsidy. "The subsidy, it's helpful, but it's very small," Sigety said. Trading as Piper Farms, The Piper Group farms 800 acres in Tinicum, Bedminster and Plumstead, but Sigety concedes that it's being farmed on an interim basis. "Much of our land is being considered for development," Sigety said. "It's very difficult to make ends meet farming."