Milford Township Board of Supervisors

Minutes of February 6, 2008 Special Meeting

Conditional Use Hearing

Held at the Milford Township Volunteer Fire Co. No. 1

2185 Milford Square Pike

Meeting was called to Order by Vice- Chairman at 7:03 P.M. And opened with Pledge of Allegiance to the U.S. Flag.

Supervisors Present: Charles Strunk, Vice-Chairman; Timothy Damiani, Supervisor.

Excused: Robert B. Mansfield, Chairman.

Attendance: Janya Awckland, Secretary-Treasurer; Terry, Clemons Richter Walsh & Reiss. Township Solicitor.

Audience: 169

Terry Clemons: ≥We have to wait for the Court Stenographer.≤

Charles Strunk: ≥Mr. Mansfield is ill and wonπt be here tonight.≤

7:11 p.m. Court Stenographer arrived.

Terry Clemons, Township Solicitor: ≥This hearing has been called to consider the Conditional Use application of DMMW, Inc/Barnett Food Group, LLC d/b/a Coyotes for premises located at 1907 John Fries Highway in Milford Township, PA which is in the PC Planned Commercial Zoning District and is identified as Tax Map Parcel No. 23-10-21-6. The Application proposes to change the use of the property from E5 Use (Eating place) to an E23 Use (Adult Commercial Uses). An E23 Use (Adult Commercial Uses). An E23 Use is permitted by Conditional Use Approval as provided in Section 403 Table of Use Regulations of the Milford Township Portion of the Quakertown Area Municipal Zoning Ordinance of 1995, as amended. Under Pennsylvania Law, The Township has to have a provision in their zoning ordinance for every type of use. If, the Township does not, then that use can be located anywhere. Since December 1994 this use has been permitted in the PC District next to the Pennsylvania Turnpike Interchange.

Because this is a formal hearing, public comment on the application will not be heard during examination of the witnesses. However, there will be ample opportunity for public comment at the end of the evidence before the Board deliberates.

During the public comment portion, you will be asked to identify yourself and your place of residence. Because this is a formal proceeding, the Board may not be able to answer questions raised.

For those residents who wish to participate on a more formal basis, you may request ≥party status.≤ That means that you would become a party to these proceedings. By becoming a party, you will have the right to cross-examine witnesses of the Applicant, as well as call witnesses on your own behalf. In addition, you will be able to participate in any appeal to court as a result of a decision made at these proceedings. You do not need to become a party to these proceedings if you wish only to make a statement concerning this application or to express your opinions on this application. Your comments and opinions will be heard and considered at the end of the hearing.

There are no minutes taken by the Township on this hearing. Transcripts of the proceedings can be purchased through the court reporter.

Township Exhibit 1 is the Application.

Township Exhibit 2 is the Proof of Publication of the Notice which was advertised in the Intelligencer on January 23^rd and January 30^th.

Township Exhibit 3 Is an affidavit signed by Donna Lee Eller of Clemons Richter Walsh & Reiss that 35 letters were sent out to property owners within 500 feet of the property.

Township Exhibit 4 An affidavit of posting signed by Marilyn Stecker of the Administrative staff of Milford Township that she has posted the property so the folks passing by have notice of the hearing.

Persons who wish to speak not as parties but as concerned residents sign the yellow pad that is being passed around-your name and address please.

Persons with Legal Status as a party is Carl Weiner representing Ramesh and Kailash Joshi and Ketan R. and Trusha K. Joshi. Mr. Weinerπs Clients have standing and can intervene.

Glenn McGogney representing DMWW/Barnett Food Group entered Eight Exhibits.

Exhibit A 1 Picture of building take Jan. 2008 by Mr. Sibley.

Exhibit A 2 Lease for 1907 John Fries Highway-Barnett Food Group

Exhibit A 3 Aerial view of property with lines rendered to scale showing any structure mention in the E23A Use within 1,000 feet.

Exhibit A 4 Overlay of aerial view of property showing commercial district (zoning boudaries)

Exhibit A 5 Unrecorded plan of Lacyπs Pub & Grill prepared by Gilmore & Assoc. showing 195 parking spaces. Date of plan August 2006.

Exhibit A 6 prepared by Bonsal Schaffermen (?) seating for Lacyπs

Exhibit A 7 Current seating in Coyotes-169 seats shows comparison to number of parking spaces needed.

Exhibit A 8 Relevant Milford Township Zoning Ordinance-Page 2 of Ordinance 95.

Mr. McGogneyπs client John Sibley, Chief Executive Officer of Barnett Food Group parent company to Coyotes. was sworn in and gave testimony.

Ten minute Recess at 8:10 pm 8:21 Terry Clemons called meeting back to order and said testimony would stop at 9:30 pm to hear Public Comments and we would try to get as much of hearing completed as possible till 9:30 pm.

Terry Clemons: ≥During the break Jerald Knechel, one of the owners of Quaker Pointe Medical Center requested party status. In my opinion there is sufficient nexus for him to become a party.

Carl Weiner asked question of the applicants representative John Sibley.

Terry Clemons asked question of the applicants representative John Sibley.

9:40 Terry Clemons called five minute recess. 9:48 pm Hearing resumed with public comment.

Terry Clemons said Hearing will be continued to February 20^th at 7 pm. At Fire Hall.

Mr. Clemons called for people to speak in order as they signed the sheet. He asked people to state their name and where they were from.

Twenty people spoke. Three people were called but had left the meeting or did not respond.

Hearing was concluded at 10:20pm. Announced Hearing will be continued on February 20^th at 7 pm in the Milford Township Volunteer Fire Co. Fire Hall at 2185 Milford Square Pike.

Respectfully Submitted:

Janya Awckland,

Secretary.