dear toll brothers and other developers: there is another way

Reader submitted photo April 2017

This is important to take note of, because it PROVES there is ANOTHER way then straight cram plan developments.

Chester County has been overrun by greedy developers.  For perspective remember that size-wise Bryn Coed is like a giant super-sized Chesterbrook.

If not for those who care, like Natural Lands Trust, you would be seeing “coming soon” signs for developers like Toll Brothers.


These screen shots are from the Natural Lands Trust Bryn Coed Farms website.   


Imagine living in an expansive, conserved landscape with a thriving nature preserve and miles of trails just next door. That is the unique opportunity available at Bryn Coed Farms.


In order to preserve as much of Bryn Coed Farms as possible, a number of large conservation properties will be made available to individual buyers. Each property will be placed under a conservation easement to be held and monitored by Natural Lands Trust, ensuring that the land is protected in perpetuity.

Seems like a revolutionary idea, doesn’t it? It’s not. It’s how parts of Ardrossan are staying intact in Radnor Township and it is how large swaths of countryside and history  in places like England remain intact.

It is a viable solution to developing every square inch. It’s a compromise point.

Now critics will say more land should be saved with these plans and maybe they aren’t necessarily wrong , but this IS a viable compromise in my opinion.

Imagine if the Robinson Family did this at Crebilly, for example?

Or imagine if say developers who want to develop the Bishop Tube site chose a plan like this versus doing things like picking on me for wanting the best clean-up possible?

The Natural Lands Trust has once again proven, there is another way. 

And speaking of Bishop Tube it is a big story in the Philadelphia Inquirer today:

News — Pennsylvania: On toxic site abandoned for decades, developer sees townhouses sprouting in Chesco

Updated: APRIL 10, 2017 — 6:23 AM EDT

by Michaelle Bond, Staff Writer @MichaelleBond | mbond@phillynews.com

Asleep after a long day at her social-work job, Peggy Miros was jolted awake by a booming voice through a loudspeaker urging her and her neighbors to evacuate their homes.
A cloud of toxic gas had formed when chemicals accidentally combined at the steel tube manufacturer next to her housing development in East Whiteland Township, Chester County, in the early morning hours of June 9, 1981. In the sultry air, a steady southwest breeze exported the chemical mist toward General Warren Village, 500 yards away, before the cloud dissipated. Some of Miros’ neighbors went to the hospital with nausea and skin irritation…The EPA later found trichloroethylene (TCE), a degreasing agent linked to cancer, in the property’s groundwater. The former Bishop Tube Co. site, which produced stainless steel tubes from the 1950s until 1999, now is host to graffitied and dilapidated buildings, shattered windows, cracked concrete, and overgrown vegetation, one of more than 450,000 contaminated “brownfields” across the nation.

…Given the site’s history, residents are wary of plans for the property. Neighbors say they fear their families and any new residents could be harmed if workers disturb the polluted soil without removing every bit of contamination.
Last month, 40 people gathered for the first time in the home of one of their neighbors to plan a coordinated effort to oppose the project.

“These people know what they’re talking about and they have a right to be concerned,” said Maya K. van Rossum, leader of the Delaware Riverkeeper Network, who became involved after residents asked her for help.



Read the entire article. Read where the chair of the supervisors in East Whiteland says he expects the developer will get the zoning variance. That is East Whiteland’s compromise point? Gambling with people’s health and safety? (Notice you hear little to nothing out of state officials and why are these people in office again?)

Read the entire article.  Contact the Delaware Riverkeeper Network and East Whiteland Township today if you think more needs to be done with Bishop Tube,    Ok? 

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a note from the “newcomer”

Bishop Tube 2017 photographer unknown

It’s so confusing when developers decide to blame the blogger, isn’t it? I feel so Erin Brocavitch….

And I am confused because this developer refers to his neighbors in General Warren so I have to ask does he no longer live in Lower Merion Township?

As a “newcomer” resident of Chester County, am I supposed to be the perfect Victorian woman and be seen and not heard?

No, I haven’t written lovely large checks to the wonderful and deserving East Whiteland Fire Company, does that make me a bad person?

I do not write the flyers going out. I have expressed my opinions on my blog.  Opinion is not against the law is it? The First Amendment still exists right?

Maya van Rossum is one of the most ethical and dedicated and smart women I have ever met, I am honored to know her.  She is the Delaware Riverkeeper and it is her job to know about these sites like Bishop Tube.

The ultimate irony for me is I am a cancer survivor.  I do not wish cancer treatment on anyone. Ever.  That is why TCE terrifies me. So is that making me a bad person for caring?

The other thing is I have never said don’t develop the Bishop Tube site. I have said do lots and lots of clean-up based on past news articles and other documents and things like first hand accounts from former Bishop Tube employees and why is that bad? I have said I thought it was too much proposed density and why not an alternate, non-residential use but that is my opinion, yes?

So I am sorry the developer thinks I am being unfair, I think I am being justifiably concerned, and is that bad?

Also see this:

delaware riverkeeper to pa dep: can you hear us now about bishop tube?

Bishop Tube 2017 photographer unknown

The Delaware Riverkeeper is keeping up the pressure on the Pennsylvania Department of Environmental Protection (DEP).  Hot off the presses find these two letters:

Bishop Tube is a crazy tale that just keeps getting more interesting, doesn’t it? Trichloroethylene (TCE) is so damn toxic. Yet you have to wonder why is seems the Pennsylvania Department of Environmental Protection (DEP) seems to play dodge ball on it at Bishop Tube, right? (Here is something the EPA put out around 2015 *I think* and something else from Arizona  and how NASA deals with TCE.)

Pennsylvania Department of Environmental Protection (DEP) is the agency that is supposed to protect residents from toxic hazards, yet who is supposed to protect residents from them? I hear State Senator Dinniman’s office is starting to feel the pinch of Bishop Tube phone calls but what is he actually doing? (keep calling Phone: 610.692.2112 Fax: 610.436.1721 for West Chester PA and Phone: 717.787.5709 • Fax: 717.787.4384 for Harrisburg )

The Agency for Toxic Substances and Disease Registry has some fun facts to share about TCE :

Hey Erin Brocavitch can we interest you in a little good old PA TCE????

the tale of the bishop tube documents

Bishop Tube 2017 – Photographer Unknown – found on East Whiteland Township Community Huddle Page

Bishop Tube…yes…more, more, more on Bishop Tube. I  do not seek information out, it finds it’s way to me.  Today’s offerings are a slew of documents from the Pennsylvania DEP and other places going back into the 1990s and stopping a few years ago. People have been hanging onto stuff to save for a rainy day.

Someone said to me these few documents tell a story – and can you imagine all the documents we will probably NEVER see on Bishop Tube?

Anyway, after wading through these documents the story being told to me is someone should have cleaned this place up already, and why isn’t this on the EPA’s radar?

Since someone dropped a little “sunshine” in my lap, I am paying it forward and putting them out there.  Just for the record I am not trying to be another Erin Brocavitch. This stuff just found it’s way to me…..

1st Amendment to Consent Order and Agreement PA DEP 1.22.2007

Administrative Record Docket Bishop Tube Site Events from 1998 to 2006

Bishop Tube 1999 Ground Water Sampling Done for DEP

Bishop Tube Cost Recovery 2006

Bishop Tube old media clippings

DEP 1

DEP Analysis of Alternatives Bishop Tube 12.14.2006

DEP and CDP Consent Order and Agreement 3.17.2005

DEP Little Valley Creek Surface Water and Spring Monitoring 8.27.2003

DEP Scope of Work Air Sparging Hot Spot Response 1.26.2006

HSCA Response Justification Document Bishop Tube 3.13.2000

Notice of Prompt Interim Response 3.14.2000

Old Bishop Tube Company History Pamphlet

Prelimnary Remedial Action Work Plan for Soil Remediation at Bishop Tube 3.11.2005

Surface Water Investigation Bishop Tube 2005

And always interesting? Old invoices  Old Bishop Tube and Related Invoices

the delaware riverkeeper sends the pa dep’s hatzell a letter…about bishop tube!

Today just got seriously more interesting….a Dear DEP letter…..and a random act of DEP legal notices too?

Letter also uploaded HERE: DELAWARE RIVERKEEPER NETWORK LETTER TO DEP

Photographer unknown – found on community page – Bishop Tube 2017

delaware riverkeeper urges residents to take action and act now on toxic bishop tube!

Hot off the presses from The Delaware Riverkeeper!  The Delaware Riverkeeper is urging residents to act now, and send letters as per below instructions to state officials – elected and appointed.

Dinniman’s West Chester office is 610-692-2112 and his fax is 610-436-1721

Dinniman’s Harrisburg office is 717-787-5709 and his fax is 717-787-4384

Milne’s Malvern office is 610-251-1070 and his fax is 610-251-1074

Milne’s Harrisburg office is 717-787-8579 and his fax is 717-787-1295

HERE IS A SAMPLE LETTER YOU CAN PERSONALIZE AND SEND TO DINNIMAN OR MILNE WHICH ANOTHER RESIDENT HAS GRACIOUSLY SHARED:

BishopTube…Sample Letter

East Whiteland has a meeting this week where Bishop Tube will be discussed- Wednesday, March 22, 2017 at 7:30 PM. It is the Planning Commission. Same meeting room as the Zoning and Board of Supervisors. 209 Conestoga Road, Frazer, PA 19355.

Residents need to pack the boardroom again. I know, I know it’s like a part time job but it is important that every board hear residents with their own ears, and you have a finite amount of time to be heard.

the delaware riverkeeper opines on bishop tube to east whiteland zoning hearing board

In advance of the East Whiteland Zoning Hearing Board hearing continuation which will occur on Wednesday, March 15, 2017 at 7:15 PM at East Whiteland Township 209 Conestoga Road, Frazer, PA 19355 unless it gets rescheduled due to weather please see letter sent to the Zoning Hearing Board – YES that is a year typo in the letter, it happens. (Also read about Bishop Tube on Delaware Riverkeeper website HERE)

East Whiteland residents are so incredibly fortunate that Maya the Delaware Riverkeeper has taken an interest here (letter uploaded here to this website Delaware Riverkeeper Network ZHB letter 3.15.17 DRN comment with Attachments ).

Don’t just take my word, or the word of in many cases ill former Bishop Tube workers or General Warren Village residents, take the word of EXPERTS.

Bishop Tube is a site that could be redeveloped, but in my personal opinion with much less density AND after serious not minimal remediation, but again why not check with experts who are obviously concerned with this? Read what the expert says in the letter above…

Hey media, what are you waiting for?  Maybe you all can get the DEP to come out of the shadows here? I still do not understand what it is they have actually done and what they are supposed to do? And why hasn’t more clean up been done since they announced they were watching it? Isn’t that like the DEP is looking the either way?

And again…..just so we are clear – I am not adverse to the site being developed with following caveats: (1) much less density and preferably a different and non-residential use (2) AFTER a lot more remediation than has been discussed – as in not just the soil being removed and replaced but dealing with the groundwater issues, right?

Also, for once the residents of General Warren should be taken into consideration, shouldn’t they? And the potential health, safety, and welfare of potential future residents?

One General Warren resident said the other day:

Just hiked the stream between Bishop Tube and General Warren Village. Our township officials need to go back and seriously look at what they are considering before approving.
All the promises by the township that Village Way will be nothing more than “emergency access” are likely alternative facts. Not like a bed of stone will be laid to provide this access. They will build a bridge. I really do not believe that type of investment will be made and not used.  Maybe the township needs to consider access coming off of Three Tun Rd and coming in behind the oil company. The train bridge going into BT is posted 12’10” built in 1915 and visually crumbling. I can’t imaging how they will get in the equipment to tear down BT under that bridge or any other large construction equipment. Sure 2 vehicles can pass under this bridge but what about the 500/600 people who end up living back in there, how will they walk to the Giant? I didn’t measure but I can’t imaging a sidewalk under the bridge. Build your development and keep the Village out of it. Stop the bridge into Village Way.

Someone responded to that resident with:

What also cracks me up, because you know this won’t be in the brochure, I read in some document they are planning to put some type of vapor chimney in the units. Not for our common Radon issue, but for any other vapor release from the chemicals left in the ground at Bishop Tube. WTH???

Another resident said elsewhere:

We need it cleaned up right before building starts and that includes the groundwater below where the TCE now is !

There has also been a lot of chatter about the developer leaving if they do not get zoning variance but does zoning variance get groundwater remediation, etc???  I think the developer will get the variance in the end.  I see it getting set up for a softball in the meeting replay of the recent supervisors’ meeting.  But when Bill Holmes said it isn’t the end of it, he is right BUT residents with standing (General Warren) have to keep going to meetings because that is HOW you will get the site cleaned and get DEP to move.

I have to be honest that while I have issues with the developer and serious issues with the density of the development plan (even if it wasn’t being built on a toxic waste dump of a land parcel), where the issues never abate and concerns continue to grow is with the Pennsylvania DEP.  They are the constant from day 1 with Bishop Tube. So that being said, residents need to go to meetings and call the DEP (717) 783-2300 is the main number in Harrisburg.    (484) 250-5900 is the number to the Southeast regional office in Norristown.  And keep calling State Senator Dinniman’s and State Rep Duane Milne’s offices too.

WATCH THE EAST WHITELAND MEETING – [CLICK HERE]  Start watching somewhere around 20 minutes in. Are supervisors prepared to cave no matter what the risks to current and future residents? And DEP? Where is the DEP…..thank goodness for Environmental Action Committee because they at least seem to be in the residents’ corner, right? Seriously, does East Whiteland need Erin Brocavitch?

The PA DEP seems to say a lot about what they will not do, but I ask about what they should have been doing all along?  Anderson Hartzell is the acting director of PA DEP in our area now, but no one has ever clarified the rather mysterious and abrupt departure of Cosmo Servidio in the fall?  And remember how Limerick residents complained about the PA DEP being slow to act in 2010?

Limerick residents blast DEP for slow action against pollution (Video)

By Evan Brandt, The Mercury POSTED: 05/17/10, 12:01 AM EDT|UPD

LIMERICK – Residents of more than 45 homes whose wells have been polluted by twin underground plumes of pollution packed the township meeting room to hear how the state is handling the crisis.

Residents complained about the slow pace of the Pennsylvania Department of Environmental Protection in dealing with the pollution problem that was detected as early as the 1980s and more recently in 2002.

To date, wells tested at 47 homes have been found to have chemical contamination. The homes are in the vicinity of South Limerick Road, Springford Road and West Linfield-Trappe Road….

Last week, The Mercury reported that another groundwater contamination site has been identified by the DEP. Called the Landis Creek Site, the contamination has been found in eight wells near the intersections of Country Club Road and Ridge Pike and Township Line Road and Graterford Road.

The contaminant at the Landis Creek Site is trichloroethylene, or TCE, which is recognized as a carcinogen in California and considered a potential carcinogen by several federal agencies, including the EPA.

Now in Missouri in 2016 a company was awarded $20 million “for exposing a 27-year-old woman to a toxic chemical that has left her with permanent disabilities, according to online court records….At age 14 in 2002, Kirk was diagnosed with autoimmune hepatitis. Testimony at the trial revealed that the disease was caused by trichlorethylene, also known as TCE. The chemical, a known carcinogen, was used by the manufacturer of ball bearings to clean metal parts.”

TCE is what everyone is talking about at Bishop Tube.  As per a lawyer in Nebraska’s website:

People who have worked in degreasing operations have the highest risk of exposure to TCE. Exposure to the chemical can happen by breathing, touching, or drinking/eating. People who use TCE as a solvent may breathe significant amounts of the compound. Since TCE evaporates quickly, people who shower or bath in contaminated water may breathe the vapors, as well. TCE can be absorbed through the skin. Individuals who don’t use solvent-resistant gloves while using the compound may face exposure. Groundwater can be contaminated once TCE is released into the soil, thus anybody who drinks from a well may be exposed.

Unfortunately many industrial companies use and have used Trichloroethylene for decades without properly supplying their employees with proper education about the chemical or proper safety training or protective measures to prevent all the devastating problems associated with Trichloroethylene exposure.

Potential Health Effects of TCE

Some health effects may occur immediately or shortly after inhaling air that contains more than 50,000 parts per billion by volume of Trichloroethylene. These include:

  • Heart problems including cardiac arrhythmias;
  • Serious liver injury;
  • Nausea and vomiting;
  • Eye, nose and throat irritation.
  • Dizziness, headache, neurological problems; and

Although TCE has not been specifically linked to certain effects in humans, studies have shown that animals exposed to high levels of the compound may develop problems such as:

  • Cancer (including liver, kidney, lung, brain, soft tissue, testicular tumors, and leukemia)
  • Heart defects in offspring when mother was exposed to TCE
  • Increased risk of Parkinson’s Disease (six times greater than that of non-exposed subject)

Read an old article from 1989 from the Washington Post called Forging a Covenant of Silence . Here is an excerpt:

WEBSTER, N.Y. — There are three vacant houses on the 600 block of Salt Road in this community east of Rochester, and those who live on the street wonder why their neighbors moved out and no one else has moved in. “All of a sudden I saw a moving van moving one family out,” said Ray Gerber, who lives several hundred feet north of the cluster of empty houses, now owned by Xerox Corp. “I worry about it.” “We’re in the dark,” said Grace Krasucki, another Salt Road resident. The empty houses — the result of a secret and costly legal battle — stand as a testament to the growing use of secrecy procedures in the nation’s civil courts and how that secrecy is hampering efforts by scientists and health officials to learn more about hazardous chemicals and their effects….In the fall of 1984, construction workers at the Xerox complex discovered discolored water during excavation. Xerox later learned that 63 pounds of trichloroethylene (known as TCE), a solvent used in cleaning and lubricating machinery, had leaked over a period of years from four underground storage tanks…. In addition to faulting Xerox for the TCE contamination, attorneys for the families alleged that their clients’ health had been affected by airborne emissions from the plant. According to sources familiar with the case, tests in the houses showed traces of a TCE derivative in the basements and the sump pumps. They also showed residues of two other toxic chemicals, styrene and selenium, in the soot that coated lawn furniture, the walls of their homes and their car windows.

 

I would be curious if the builder on this (Benson) actually has brownfield development experience? And wow check out the Google reviews.  Not positive but then again these are the people who said let us build townhouses behind Linden Hall and we will restore Linden Hall, right? And what happened?  Sold the land with approved plans and Linden Hall just sits and continues to rot, right? And then there is that whole thing brewing in Tredyffrin about Howellville, right? And the whole Kimberton Meadows saga which seems to persist?

Here – Kimberton Meadows saga worth reading about if they are slated to be builders of Bishop Tube’s new lemming village:

East Pikeland Township Board of Supervisors Meeting February 3, 2015

East Pikeland Township Board of Supervisors Meeting March 1, 2016

East Pikeland Township Board of Supervisors Meeting April 5, 2016

Kimberton Meadows Residents Go Before Board Again

The group of homeowners says the development is not moving forward.

By September 13, 2011 1:22 pm ET

Residents are begging the  East Whiteland supervisors for help.  But why is a steep slopes variance for a cram plan the only solution? The groundwater. How will the development address that? How does East Whiteland know for sure what TCE will do?  The answer is they do not. East Whiteland your obligation is to your residents FIRST.  

Here is an excerpt from the letter sent by the Delaware Riverkeeper that stands out:

….As you know, the intent of the sleep slope protections identified in § 200-57 “is to protect hillsides and their related soil and vegetative resources, thereby minimizing adverse environmental effects” including providing protection from “inappropriate development, such as excessive grading, landform alteration, and extensive vegetation removal”, “[a]voidance of potential hazards to life and property and the disruption of ecological balance that may be caused by increased runoff, flooding, soil, erosion and sedimentation, blasting and ripping of rock, and landslide and soil failure,” “[p]rotection of the entire Township from uses of land that may result in subsequent expenditures for public works and disaster relief and adversely affect the economic well-being of the Township,” “[e]ncouragement of the use of steep and very steep slopes for open space and other uses that are compatible with the conservation and protection of natural resources.”

Granting a variance to Constitution Drive Partners from the steep slow variance would undermine all of these goals. The site is significantly contaminated and borders Little Valley Creek, tributary to Valley Creek, an exceptional value stream. The Delaware Riverkeeper Network is concerned that the level of land disturbance proposed, including on the steep slopes for which variance is sought, on this site given the high level of continuing contamination, poses both health risks and will result in ecological damage, including to the Little Valley Creek, will result in future costs to the township to respond to the degradation, and is not otherwise compatible with conservation.

As discussed by Dr. Tom Myers in the attached report:

“Developing this site would expose the existing contamination to wind and rain which would cause it to erode and pass downstream or downwind where it would contaminate additional areas. Also, much of the contamination would remain in place, especially in groundwater and soils outside of the targeted excavation zone. Other than the additional contamination caused by water and wind erosion, this residential development and remediation will expose substantial amounts of contamination that would be left in place to increased erosion. The development would not contribute substantially to the necessary remediation of downstream and downgradient resources.”

Constitution Drive Partners wants to do a partial cleanup so it can develop the property, make lots of money, and walk away. Leaving dangerous amounts of contamination still at the site to contaminate groundwater, Little Valley Creek, Valley Creek, and any communities that are on the receiving end of that contamination as it makes its way to soil, air and water.

Constitution Driver Partner’s responses to DEP questions and concerns regarding their proposal demonstrates a disregard for the environment that is troubling, to say the least.