Hulmeville Council Getting Close To Conditional Use Decision On Large Housing Development

A series of conditional use hearings on a proposed large housing development that, if approved, would dramatically change the face of small Hulmeville Borough are nearing the finish line.

At last Thursday evening’s fifth hearing held before about 60 to 70 people at the borough’s William Penn Fire Company, borough Solicitor Thomas Panzer said the goal is for the sixth hearing scheduled for Aug. 17 to be the last. That hearing is expected to include testimony from one more witness, public comment and – the goal is – closing of the official record on the hearings

Ending on Aug. 17 is the goal but not a certainty, Panzer said. Whenever the hearings end and the record is closed, all parties would then be given time to submit legal briefs supporting their positions, and Borough Council would have 45 days from the close of the hearings to vote on conditional use approval at a public meeting, he explained.

Developer Superior Holdings LLC is proposing a mixed residential use Traditional Neighborhood Development of 49 townhomes, 39 single-family homes and 33 apartments on the 42.7-acre Black Farm just off Trenton Road. A TND is allowed as a conditional use in the R-3 zoning district where the property is located. If the project gets conditional use approval, it would also have to go through the land development process and receive land development approval from Borough Council in order to proceed.

Thursday night’s fifth conditional use hearing featured testimony from witnesses on behalf of a group of nearby residents who oppose the development being represented by attorney Terry Clemons and engineer Daniel Gray.

Answering questions from Clemons, Gray said he didn’t believe the proposal met several criteria for a TND spelled out in the applicable Hulmeville zoning ordinance. Among the problems, according to Gray, are open space not centrally located, parking not meeting requirements, a lack of multiple bicycle routes, inadequate access for emergency vehicles and inadequate provision for garbage disposal for the apartments.

“It’s not well thought out,” said Gray of the plans presently before the council.

During an extensive cross-examination of Gray, Ed Murphy _ the local attorney representing Superior Holdings on the project _ tried to drive home the point that the plans presently under review are not the detailed, fully engineered plans the applicant will present for the land development process. There will be opportunity to make adjustments to address concerns during that process, Murphy said.

Hydrologist Donald Rice also testified on behalf of the group of opposing residents, reiterating some of Gray’s testimony from a previous hearing that Superior Holdings’ stormwater management plan for the development is grossly inadequate for the amount of water runoff they expect the project to generate. Among their objections is that proposed drainage basins are not nearly big enough and are located in areas of poor water infiltration into the ground.

Rice testified that soil samples he took from a spot about 50 feet from the property produced clay not conducive to infiltration. He said representatives from Superior Holdings would not allow him to actually go on the property.

“The basins would fill up and overflow I fear,” Rice testified. “Water will sheet flow until it gets to the Neshaminy Creek. There’s really not much that can be done to restrain that flow.”

Murphy strenuously objected to Rice’s testimony at several points, calling it “irrelevant and pure speculation and hypothetical.” He later poked fun at Rice’s “forecast of a stormwater Armageddon in Hulmeville” and “dire forecasts that are all speculative and based on no scientific data at all from the site itself.”

When Rice again pointed out that he was not allowed on the property, Murphy responded “That’s right because you’re not entitled to be on the site, unless you trespass.”

Panzer, who as borough solicitor is officiating the hearings, also expressed some concerns with Rice’s testimony, though he allowed it to continue and finish.

“I do think it’s marginal,” Panzer said. “I’m a wee bit skeptical.” He later added “a lot of this sounds speculative, perhaps without adequate foundation.”

The farm’s owners, Edward and Harriet Black, both died in recent years. Their son Fred had been living on the property but Eugene Lorenzetti, one of the owners of Superior Holdings, said the current plan is not to preserve any of the existing buildings on the farm and anyone living there would relocate.

If the proposed development eventually receives all necessary approvals and is built, it’s estimated it would increase Hulmeville’s current population of 980 by 10 to 20 percent or more.

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