Tag Archives: General Warren Village

r.i.p. keith hartman

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Keith Hartman  Wednesday, April 5, 2017. Photo Credit:  STEVEN M. FALK / Staff Photographer

Keith Paul Hartman slipped from this world at 1:04 A.M. on Saturday, March 24, 2018. he was in the ICU at Paoli Hospital where he had been taken around March 9th, 2018. Keith was born on December 28, 1955 to the late Lester B. and Louise Capp Hartman. He was 62 years old.

Keith lived in General Warren Village, and he worked for many years at Bishop Tube with David Worst.  He and David grew up together in the village. Keith was a proud graduate of Great Valley High School.

He was an active member of the Malvern Pocahontas Lodge #201 IOOF. Keith worked at Bishop Tube, Herzak’s Automotive and later operated Hartman Automotive.  Keith found a great enjoyment fishing and spending time with his family, especially his grandchildren.

I only knew Keith a little over a year, and I thought he was one of the nicest people I had ever met.  He was a kind man with a larger than life voice and a laugh that was joyful from deep inside. He had a very funny sense of humor.

As a relatively new person to Chester County, he and many of the General Warren Villagers I have met have been among the most warm and welcoming. I met Keith through his lifelong friend, David Worst.

Keith also had the courage of his convictions, and stood up for what he believed in.

I am actually pretty sad as I write this.  I told some of his friends I would write a tribute to Keith, and as I am given more details, I will update this post.  I felt I had to write something now.  He was too nice a guy not to ask for prayers for in his memory. I honestly thought he would come home.

Joyce Anne Hartman,  Keith’s beloved wife predeceased him  in 2011 and I also know he leaves behind his stepdaughter; Anna K. Schaeffer (Garett) and his four step-grandchildren.  He is also survived by cousins including Kevin L. Hartman. He is also survived by his stepmother, Jane Hartman.

Light a candle for Keith and say a prayer.

Life is so precious, and we are faced with that thought every time we lose someone who touched our lives. Keith touched my life only briefly, but I am glad I knew him for any amount of time.

My heartfelt condolences to his family and friends.

A service has been planned as per his cousin Kevin Hartman:

Just wanted to post Keith Hartman’s service arrangements.
Saturday 3/31/18 from 10 – 11 AM are the visitation hours at Malvern Baptist Church,
11- 12 AM will be the service at Malvern Baptist Church
Keith was a great friend (and cousin) to those of us who knew him .

Here is the LINK to the obituary from Mauger Givnish.

Rest in peace Keith and fly with the angels.

May the road rise to meet you,
May the wind be always at your back.
May the sun shine warm on your face,
The rains fall soft upon your fields.
And until we meet again, May God hold you in the palm of His hand.

slapp

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19 July, 2017

Hello Dear Readers,

I am  writing today to let you know that I am at present a victim of what is known as a SLAPP suit (Strategic  Litigation Against Public Participation.)

 

Earlier this year, I was hit with a Cease and Desist in the form of something known in legal circles as a Writ of Summons.  It was issued on behalf of developer Brian O’Neill and Constitution Drive Partners over the Bishop Tube Site in Malvern/Frazer in East Whiteland Township.  It was sent to me by the West Chester and Chester County law firm of Lamb McErlane.

 

This whole thing also involves Maya van Rossum, who is The Delaware Riverkeeper , her non-profit The Delaware Riverkeeper Network, and people thus far referrred to as “John Does 1 -10”

 

Yes I know Maya.  I used to live not too far away from her before I moved to Chester County.  She lives in Radnor Township and I once lived in Lower Merion Township. As I have previously stated, Maya van Rossum is one of the most ethical, dedicated, and smart women I have ever met.  I am honored to know her.

 

I actually had not seen Maya van Rossum in a few years in person before I turned around at that February 27, 2017 East Whiteland Zoning Hearing Board Meeting because I heard a familiar voice – hers.  Others (unknown as to precisely who) had contacted her about this site.  And I also think the folks from Trout Unlimited were there, and have also been at meetings (I never even knew what that non-profit was until all of this.)

 

Within a couple of days of that February 27 meeting, I injured my knee seriously enough to require surgery.  My injury was to my right knee which meant I did not drive  or even truly walk again until quite recently and even now the distances are brief.  As I sat on the sidelines (which included NOT attending public or other meetings), many more public meetings happened. The whole debate of the Bishop Tube site in East Whiteland raged on (and continues to do so seemingly.)  The DEP has been weighing in, along with State Representative Duane Milne, State Senator Andy Dinniman, even East Whiteland Township Supervisors.

 

The residents of General Warren Village also banded together and began to advocate for themselves as they live adjacent to this site.  People from neighboring areas seemed to have joined them based on replays of public meetings I have watched over the past few months.  And the Delaware Riverkeeper has persisted. (See this section on their website.)

 

This is democracy in action.  When people take an interest in where they live, it is a powerful force. It is not easy for the residents involved, and it does take great courage,  I applaud them.

 

As I have sat on the sidelines watching, this whole SLAPP thing has persisted.  At its most basic, things like this are an affront to our inalienable rights to protest and speak.  Our very rights are at risk, including that thing called the First Amendment:

 

First Amendment (As reprinted by the ACLU)

 

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

 

I am not the only one experiencing this (even on this topic) but when you are faced with this it feels so very and truly personal.  Because in a way, it is.  It is a challenge to those aforementioned freedoms we as Americans (regardless of political and religious persuasion) hold dear and even at times…take for granted.

 

It is because of situations like this I believe municipalities need to do better by us as residents.  It is because of this that those we elect to the most basic of municipal levels, including the State House, State Senate, U.S. House and U.S. Senate need to do better by us.

 

As a perennial student of history, I have faith that the truth will indeed out.  And I do indeed have representation.  Mr. Samuel Stretton.  A gentleman whose career I have followed off and on for many years and now have the privilege of knowing.  Any questions may be directed to him.

 

I just thought it fair to let you my readers, neighbors, friends, and family know what was going on.

 

Thanks for stopping by

toxic nightmare site bishop tube goes back to zoning…

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This photo was taken in 2010, long before I lived in Chester County. It was taken by d.coleman in June of 2010. I found it on Flickr. This is a screen shot of photo with attribution and description as found in yellow. Photographers have been photographing Bishop Tube for years and I hear that high school kids find their way onto the site as well?

This photo was taken in 2010, long before I lived in Chester County. It was taken by d.coleman in June of 2010. I found it on Flickr. This is a screen shot of photo with attribution and description as found in yellow.  Photographers have been photographing Bishop Tube for years and I hear that high school kids find their way onto the site as well? I will note I have only ever taken photos from OUTSIDE the chain link fence.

Bishop Tube is a toxic site. It has been through remediation to a point, but I can’t find anything for 2015 in as far as a public accounting of where the clean-up is. Now maybe an update exists, but is it posted publicly anywhere that is easily accessible?  I am including a letter from Chester County Planning Commission from 2014 I do not think I shared before ( chester-county-planning-on-bishop-tube-march-2014 ).

Something that jumped out at me from said letter:

RECOMMENDATION:    While  the  County  Planning  Commission  supports  single-family  attached and multi-family residential development in the Suburban Landscape where infrastructure capacity can support such development, along with the implementation of adaptive reuse and infill strategies to redevelop abandoned industrial brownfield sites for moderate to high density multi- family housing designation, it does not appear that this location can support the density being proposed due to its existing physical and environmental characteristics.  Additionally, the amendment petition does not appear to be consistent with the Township’s Comprehensive Plan and its vision for Community Mixed Use.  The Commission recommends that East Whiteland Township deny the applicant’s zoning ordinance and zoning map amendment petition.

 

So that was 2014.  We are now in 2017.  East Whiteland has had Bishop Tube as a guest star topic at many meetings since then.  So truthfully, I don’t know which iteration of Constitution Drive Partners LP anyone is looking at.  Constitution Drive Partners = Brian O’Neill, remember?

Well, this plan is up in front of East Whiteland Zoning NEXT week January 23:

bishop-tube-zoningHERE in case you can’t see all of the fine print:

LEGAL NOTICES

NOTICE IS HEREBY GIVEN that the East Whiteland Township Zoning Hearing Board conduct a continued public hearing at 7:15 p.m. on Monday, January 23, 2017, at the East Whiteland Township Municipal Building, 209 Conestoga Road, Frazer, Pennsylvania, to consider Appeal No. 2016-24 Application of Constitution Drive Partners, L.P. and 9 Malin Road Development, LLC (collectively, “Applicant”) for a variance from Section 200-57.C.(6) of the East Whiteland Township Zoning Ordinance to permit single-family attached dwellings and townhouses in rows of more than six units, with associated driveways and grading to be located in both steep slope and very steep slope areas of the property formerly the site of the Bishop Tube complex (which is currently a brownfield site improved with dilapidated industrial buildings), located at 9 South Malin Road, 10 South Malin Road, and 1 South Malin Road (Tax Parcels 42-4-321, 42-4-321.1 and 42-4-321.2) (collectively, “Property”). The Property is located in an RRD (Residential Revitalization District) Zoning District. The public hearing was opened at the Zoning Hearing Board’s November 28, 2016 meeting. The Applicant has subsequently amended its Application to request a variance from Section 200-93.B of the Zoning Ordinance to permit the proposed retaining walls to exceed the permitted six (6) feet in height. On the above date, the Zoning Hearing Board will continue the public hearing and may render a decision on Appeal No. 2016-24. Anyone with a disability requiring a special accommodation to attend should notify Joseph T. Leis, Zoning Officer, at 610-648-0600 x 268. The Township will make every effort to provide a reasonable accommodation. Riley Riper Hollin & Colagreco Attorney for Constitution Drive Partners, L.P. DL-Jan 10, 16-1a

Steep slope and very steep slope.Still the key here. They want to increase site density if they want relief from steep and very steep slopes, right? How many hundred units do they want?  Last count was what, 264? And before that over 300?

Bishop Tube is what they call in crass terms a potential flipper baby site still, correct? Will super high amounts of residential density built on slabs with no basements solve all problems? Or is another use better for the site?

Forget about the problems with the site in the DEP and EPA categories and let us talk traffic, infrastructure, schools, basic township services.  Why does East Whiteland want to be King of Prussia or Bensalem? Is that what the majority of the residents want? Or do residents actually want thought and carefully planned growth versus one construction explosion after another?

How many 1000s of living units are planned, approved, or are in various stages of approval in East Whiteland at this point? That also affects neighboring municipalities and anyone in the Great Valley School District.

And do not forget this interesting developer O’Neill article from December:

Former O’Neill site on Rock Hill Road goes up for sale; was to be part of area’s transformation

Former O’Neill site for sale; was to be part of ‘gateway’ to Lower Merion By Richard Ilgenfritz rilgenfritz@21st-centurymedia.com @rpilgenfritz on Twitter Dec 2, 2016

Bala Cynwyd>> A long awaited building project that was supposed to be part of the transformation of an old rock quarry along Rock Hill Road in Bala Cynwyd has officially gone back on the market. Except for a groundbreaking and some preliminary work a couple of years ago, the approved project never moved forward.

 

The site was to become a mixed-use development proposed by Brian O’Neill, owner of O’Neill Properties.

Monday, Kevin Flynn Sr. of The Flynn Company confirmed that his company has the property at 131 Rock Hill Road up for sale.

According to Flynn, the 8.2-acre site was approved for four buildings of four-stories each with parking decks underneath. There would also be a surface lot and numerous other amenities.

 

O’Neill owned the site since 2004, when it was purchased for $3.5 million, according to online Montgomery County records. In 2014, the site was sold to an LLC called Alexander Street, for $11.122 million as the preliminary work was being done. They were to be the financing arm of the project.

 

Another site across the street on Rock Hill Road had also been owned by O’Neill and had been sold in 2010.

 

It’s not clear why O’Neill is apparently divesting himself in his holdings in that area. Calls to the company this week were not returned.

In Lower Merion Township people went through YEARS of awful meetings over steep slopes and a developer driven zoning overlay known as ROHO.  Has anyone asked Brian O’Leary of the Chester County Planning Commission about this as he would be very familiar with this plan given his time on Lower Merion Township’s Planning Commission?

I can’t see Bishop Tube from my window.  But if I could I sure as heck would turn up at this meeting.  Or if I lived at the edge of Malvern Borough where traffic here would become an issue. If I was a neighbor or affected by Bishop Tube, I would see that board room was packed.

Here are some of the old articles on Bishop Tube:

Bishop Tube facility started in 1951, now abandoned
By ANNE PICKERING POSTED: 06/02/07, 12:01 AM EDT
For Bishop Tube workers, danger lurked for decades

By Anne Pickering POSTED: 06/04/07

Again, is Bishop Tube completely remediated and should plans be approved completely before that occurs?

1981-bishop-tube-acid-spill

Bishop Tube is a nasty nasty site.  Another use for it would be great…provided it is the right use.  Are a few hundred new homes the best and most appropriate use for this site?

dsc_8760

hardly fine dining in a fake general warren village

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general warren

Sometimes imitation isn’t the sincerest form of flattery. Sometimes it is just imitation or borrowing a name to play on the history they don’t care about anyway.  Such is the case of  developer to the masses Eli Kahn and his “The Village at General Warren”  in the “Charlestown Retail Center”  on “General Warren Blvd” in Malvern off 29 in or near that behemoth of ugliness known as Atwater. You know Atwater, where there is a giant quarry and insufficient fencing? And lots and lots of development?

27311559801_8d66f5b8fb_o

It makes me recall a recent blog comment which in part said:

The “Suburban Landscape” County planning category promotes infill and appropriate density. County buzzwords for “put all the crap in this part of the County so we can keep some parts of the County green.”  East Whiteland is already written off as far as controlling development….the more here, the better in the County’s eyes. The prior issue of County Plan had existing homes obliterated by corporate park….so their intent has been clear for a long time. All very sad.

27382257605_364752319a_b

So that says to me no one really cares, and we have to wonder if everything is a fait accompli? How sad, indeed.

So what got me thinking about this today?  An article in Patch which doesn’t exactly represent actual journalism at this point. They regurgitate the hard work of actual reporters and they post press releases in their entirety as articles. Journalism, Patch style. Here is is with typos (you’re welcome):

pj 1pj 2

Three screenshots as they appeared in Malvern Patch August 31, 2016

Three screenshots as they appeared in Malvern Patch August 31, 2016

Ah yes another chain pub style restaurant…because there are not enough of them locally, correct? Is this the finest of fine dining they think we should have in Chester County? And much like name brand car dealerships, they all look the same. They all have the same menu. Pick a Whelihan’s, they are all the same and there is one in Downingtown, there is one coming to Oaks, there is one in West Chester, Reading, Allentown, Bethlehem, Reading, Blue Bell, and Leighton and that is just PA. There is also Cherry Hill, Haddon Twp, Maple Shade, Medford Lakes, and Washington Township.

After all, nothing says date night or family dinner out like a modern day Houlihan’s, right?  You can never have too much of the same thing everywhere, right?

I am sorry not sorry but why do we have to be both a development wasteland and a dining wasteland too?

And then there is the whole “Village at General Warren” of it all. Apparently the whole thing is brought to you by a company called Bernardon.  Look at their website and you will find little individuality.  It’s all formula “architecture”  (they also “designed” that thing Easttown residents are fighting called Devon Yard.)

Perhaps Mr. Kahn is getting older and forgets there already is a General Warren Village.  Part of it is located within the view shed of CubeSmart which he built and caused neighbors great distress over, right?

Now granted, General Warren Village as a development. Post WWII.

general-warren-1

But it was a planned development with decent sized lots which did not eat every tree in sight. The kind of development they don’t do today because today it is all about developers getting in and out with as much money as possible, which means what you get are cheaply constructed cram plans of same-y saminess.

The General Warren Inne, for which the real Village is named after is a country inn constructed in 1745. This 250 plus-year-old inn, once owned by the grandson of William Penn, is surrounded by woods on a few acres, and is an 18th century survivor (just think if anyone really gave a crap about Linden Hall, Linden Hall could be just as charming!)

I love the General Warren Inne.  I have seconded wedding photographers there and it is just lovely.  And it is still a bed and breakfast, and provides a wonderful alternative to chain hotels. So you have a developer borrowing the name after a fashion, but I bet they don’t really know the history.  Here is the history compiled by the General Warren Inne on itself:

Since 1745, the historic General Warren has been center stage for American history and a premier carriage stop for hungry travelers.

During The French & Indian War The story of the General Warren can be followed through its name changes. The Inne was first named in 1745 as The Admiral Vernon Inne, in honor of the naval commander Admiral Edward Vernon. He led the 1739 attack and capture of Portobello, Panama. In 1758, the name was changed to the Admiral Warren after the famed Admiral Peter Warren, a hero in defense of the American colony that year at Louisburg, (Cape Breton Island, Nova Scotia) during the French and Indian War.

American Revolution During the revolution, the inn was owned by John Penn of Philadelphia, loyalist and grandson of William Penn. Its key location on the main highway between Philadelphia and Lancaster had helped the Admiral Warren become a popular stage stop and a Tory stronghold. It was here that the Loyalists met, drew maps and plotted against the revolutionaries. Howe and Cornwallis use these maps to negotiate the great valley, the route to capture Philadelphia.

Paoli Massacre The infamous Paoli Massacre, was planned and launched from The Admiral Warren Inne. Local folklore has it that on the night of September 20, 1777, the British, led by Lord Grey, captured the local blacksmith and tortured him on the third floor of the inn. Upon receiving the information that General “Mad Anthony” Wayne was camped one mile South of the Inne, the British attacked with bayonettes after midnight.

The Lancaster Turnpike Era In 1786, John Penn sold the property to Casper Fahnestock, a German Seventh Day Adventist from Ephrata. During Fahnestock’s long ownership, the Inne once again thrived, attracting many Lancaster County Germans and other travelers along The Lancaster Turnpike because of its reputation for clean lodging and excellent food.

The Early 19th Century In 1825 an effort was made to make amends with the new nation, the Admiral Warren was renamed the General Warren, to honor the American hero of Bunker Hill. During the 1820’s, the height of turnpike travel was reached, and the General Warren became a relay stop for mail stages and a post office. Then in April of 1831, the Philadelphia and Columbia Railway opened for travel, and in May of 1834, the last regular stage went through. The new, faster and cheaper means of travel via the rails doomed the inn as traffic by-passed the property.

The Inn’s Dormant Period In the 1830’s the great grandson of the first Fahnestock turned the Inne into a Temperance Hotel, cutting down his apple orchard to prevent cider from being made. The lack of spirits doomed the hotel, and it closed within a few years. From that point into the early 20th Century, The General Warren changed hands often, occasionally becoming a private residence. In the 1920’s, the inn reopened as a restaurant, with limited success over the next 60 years.

The Modern Era As area population and business grew in the mid 1980’s, the current owners made great strides to return the inn to its 18th Century elegance. The upper floors were renovated into 8 suites, the addition of a private dining room and all-weather heated patio for cocktail parties, outdoor dining and weddings. In 2005, the latest improvements included the new Admiral Vernon Dining Room and the return of The Warren Tavern, a spacious bar for dining and spirits, relocated to the original spot of the old tavern from the 19th Century.

Today at the General Warren Today’s guest at General Warren will find the perfect blend of old world charm, excellence in continental cuisine, fine wines and delightful overnight accommodations.

So the history of the General Warren and the eighteenth century architecture is captured how exactly by this “The Village at General Warren” in the Charlestown Retail Center?

The answer of course, is it is not.  It is just another example of a developer using aspects of our communities to sell their projects.  And another chain restaurant brings mostly minimum wage jobs with it, and well how many people do you know who can support a home and a family on a minimum wage job?

I don’t know who development like this is for, but certainly not truly our communities. Maybe if these developers actually tried to do something better with their commercial spaces or tried to being actual fine dining and not just chain pub food I wouldn’t be so cynical. But I am.

Apparently chain pub food is becoming as plentiful as WaWas. Say here’s an idea: why not merge the two and add a chain drug store with a drive thru. All smushed together – save time!!! No one has ever done that before.

Eyes rolling in Lego Land. It’s a big box world out there.

The General Warren Inne for which the real General Warren Village was named

The General Warren Inne for which the real General Warren Village was named

important bishop tube meeting december 9th in east whiteland

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bishop tubeBishop Tube. East Whiteland’s TCE albatross own by the developer Brian O’Neill. It sits like a dangerous slumbering giant on the heels of General Warren Village in Malvern. (Please note the cool old General Warren photos a friend lent to me to use.)

At the November meeting of the East Whiteland Board of Supervisors(which was recorded!) Bishop Tube came up again.

The representative for Developer O’Neill regarding Bishop Tube Site (9 Malin Rd?) [ on tape 78:07 – 90:25] was there.  Anyway, there is a PUBLIC HEARING DECEMBER 9th in EAST WHITELAND (during Board of Supervisors Meeting) – Developer is looking for zoning relief. ( Malin Road Development Steep Slope Ordinance Amendment) Relief of steep slopes and this guy indicated that development CAN’T be built without it (what a pity that would be, right?)

general warren 1Anyway, the guy was sort of posturing in my humble opinion (it is what he is paid to do, right?) and there were sliding comments to the effect of East Whiteland wants the site cleaned up and they need this steep slope accommodation, do I have that right?  Well umm THEY SHOULD HAVE TO CLEAN UP BISHOP TUBE REGARDLESS, RIGHT???

Maybe I have listened to or attended too many O’Neill development meetings over the years but that sort of rubbed me the wrong way.

O’Neill will supposedly be at this public hearing. So listen up East Whiteland especially General Warren Village residents: if you worry about the site and the litigation over the TCE in the aquifer (i.e. chemicals leeching into ground and water), you need to attend this hearing. What was it someone said to me about Bishop Tube? That it was a potential flipper baby site? Crude and harsh but could be very true if not properly remediated, right? And how many residents of General Warren and former employees have died over the years from all sort of cancers? Is it all coincidence?

general warren 3East Whiteland doesn’t have to say yes and I have to tell you Supervisor Bill Holmes expressed concerns several times. Supervisor John Mott was unimpressive and the other guy (Wrably?) didn’t open his mouth and sat there pretty much mute. Many thanks to Bill Holmes for getting it on this issue. I know I have been tough on Bill in the past, but I have to say I have taken the time to start to get to know him and he is a good guy.

BUT you can’t enact change or be heard on the record if you do not attend the hearing.

Again, as of now it is December 9th during next Board of Supervisors Meeting . You can listen to the back and forth on this recording at 78:07 – 90:25 .

I have been told about treatment some General Warren residents have received over the years for speaking out about things affecting them, and shall we say what I heard made me wince? And no, I am not recounting exactly what I have been told because I did not witness it, but I believe what I heard.

general warren villageFor anyone living in General Warren Village they have posted a zoning notice at the entrance of the Bishop Tube site regarding the steep slope protection. There will be a meeting on Wed, December 9th at 7:00PM at the East Whiteland Township building.  No one can make you go, but suffice it to say you guys are the most directly affected and have the best standing. Although truthfully every resident and taxpayer in East Whiteland has standing. Standing means you have the right to be heard.

I am praying for a Christmas miracle. I am praying East Whiteland residents pack and rock this meeting December 9th.

And oh yes, that lawsuit in Federal Court over Bishop Tube? VERY ACTIVE.

United States District Court Eastern District of Pennsylvania (Philadelphia)

CIVIL DOCKET FOR CASE #: 2:15cv01919GJP
WARREN et al v. JOHNSON MATTHEY, INC. et al
Assigned to: HONORABLE GERALD J. PAPPERT

Cause: 42:6972(a) Solid Waste Disposal Act

URS B. FURRER
HARRITON & FURRER, LLP
84 BUSINESS PARK DR #302
ARMONK, NY 10504
9147303400
Email: ubfurrer@hflawllp.com

Defendant

CENTRAL AND WESTERN
CHESTER COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY
represented by ALAN PAUL NOVAK
LAMB MCERLANE PC
POBOX 565
24 EAST MARKET ST
WEST CHESTER, PA 19381
6104308000

Email: anovak@lambmcerlane.com
ATTORNEY TO BE NOTICED

HELEN J. ESBENSHADE
LAMB MCERLANE PC
24 E MARKET ST
WEST CHESTER, PA 19381
6104308000
Email: hesbenshade@lambmcerlane.com

ATTORNEY TO BE NOTICED

SARAH DAMIANI
CONRAD O’BRIEN
1500 MARKET ST
PHILADELPHIA, PA 19102
2158648069
Email: sdamiani@conradobrien.com

ATTORNEY TO BE NOTICED

Defendant

CONSTITUTION DRIVE
PARTNERS, L.P. (AKA O’NEILL DEVELOPMENT YES?)
represented by GARRETT DOUGLAS TREGO
MANKO GOLD KATCHER & FOX
LLP
401 CITY AVENUE SUITE 901
BALA CYNWYD, PA 19004
4844305700
Fax: 4844305711
Email: gtrego@mankogold.com

ATTORNEY TO BE NOTICED

SUZANNE ILENE SCHILLER
MANKO, GOLD, KATCHER & FOX,
LLP.
401 CITY AVENUE
SUITE 901
BALA CYNWYD, PA 19004
(610) 6605700
Fax: 4844305711
Email: sschiller@mankogold.com

ATTORNEY TO BE NOTICED

Defendant

is the bishop tube site in malvern completely remediated for environmental hazards?

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Bishop Tube in Malvern PA courtesy of Abandoned Not Forgotten

It is a fairly simple question: has the Superfund toxic waste dump of a site known as Bishop Tube been completely remediated? And if not where is it in the process?

According to court records from 2005, the Bishop Tube site groundwater contamination was first formally recognized in 1980:

In 1980, Congress enacted CERCLA. Groundwater contamination associated with the
Malvern Site was first identified in the spring of 1980 in residential wells. (Pl.’s Resp. Ex. 2 at
56412.) In September 1983, the Malvern Superfund Site was listed on the National Priorities
List. (Id.)

Yesterday I wrote a post on Bishop Tube and the latest proposed development. I had the link to a health report. So…Ok look but the thing is this – that health report thing says a LOT about Bishop Tube. The site has been targeted as toxic and been investigated a bunch of time since 1972, correct?  A cancer cluster was alleged in March 2007 by the community, correct?

Community folks reported 1-2 cancer cases in every household at that time, correct? A plume of contaminants from on-site has spread and is in the groundwater and local wells, correct?  A creek flows through there. Traces of the crud have been discovered a mile away, correct? There has been activity to clean up the contaminants at the site, but is it REALLY complete? Until it is complete, crud will continue to move in the plume, correct?

Additionally, since I posted my post I have seen the post shared on social media.  Residents of the area who grew up in and around General Warren have shared memories like this one:

” I remember being evacuated in June 1982 due to chemical spills and clouds of toxic stuff being in the air. Still clear in my mind since was studying for finals and we had to spend the night up in the old school in town. Also remember how my parents felt since there were fire police knocking on peoples’ doors to get out of their homes while the cops stayed in their cars and were using  speakers to get people out.”

Lots of current and former residents who also had relative who worked for Bishop Tube have commented. And have you ever read any of the obituaries of people who worked for Bishop Tube? How many of those people died of cancer? Also getting a lot of reads is a 2007 Daily Local article that was part of a series on Bishop Tube:

“Keith Hartman and Dave Worst have many things in common.

They were both born in the 1950s, two years apart. They both grew up in General Warren Village, the modest, working class subdivision located south of Lancaster Avenue near the intersection of Route 29, and named for the historic General Warren Inne.

Like many of their neighbors in General Warren, Hartman and Worst worked at the nearby Bishop Tube Co.

Most significantly, the two men know of former Bishop employees who suffer from potentially fatal illnesses that they believe may have been caused by their exposure to trichlorethylene (TCE), a suspected carcinogen, during their tenure at the plant.

Hartman’s father, Lester Hartman, who worked alongside him at the plant, suffers from Parkinson’s disease, a neurodegenerative disease. Worst has stage two melanoma and lesions on his liver and kidneys that his doctors are monitoring.

According to a report from the U.S. Agency for Toxic Substances and Disease Registry, breathing high levels of TCE may cause nervous system effects, liver and lung damage, abnormal heartbeat, coma and possibly death.

Hartman and Worst can also run off a list of fellow Bishop Tube workers who either died from cancer or nerve diseases, or currently suffer from them.”

Ok so then you peruse all the East Whiteland Planning Commission meeting minutes you can find online that discuss Bishop Tube and here is a sampling:

EAST WHITELAND TOWNSHIP PLANNING COMMISSION MEETING February 25, 2015

ZONING ORDINANCE AMENDMENT; CONSTITUTION DRIVE PARTNERS (BISHOP TUBE) – RRD RESIDENTIAL REVITALIZATION DISTRICT.
Represented by Lou Colagreco, Esquire and Bo Erixxon and Chuck Dobson
The proposed ordinance is amending the “Table of Development Standard for Residential Districts” for the RRD Residential Revitalization District for the maximum tract density by reducing the number from 20 units to 12 units per developable acre. Other changes provide for reduction in setbacks from street and building spacing. The applicant had held a meeting with the adjacent tank farm owners and residents from General Warren Village. They have been able to satisfy the access of school buses, tanker trucks and emergency access under the railroad overpass. The total number of units being proposed has decrease from 303 to 264 units.

EAST WHITELAND TOWNSHIP PLANNING COMMISSION MEETING April 23, 2014

ZONING ORDINANCE TEXT AND MAP AMENDMENT – RRD –RESIDENTIAL REVITALIZATION DISTRICT – SOUTH MALIN ROAD – BISHOP TUBE

Represented by Lou Colagreco, Esquire, Brian O’Neill, Frank Tavani, John Benson

The applicant is requesting to add a new permitted residential district by amending Section 200-19 “Permitted Uses for Residential Districts.” The property is located on the south side of Malin Road formerly known as Bishop Tube property. The intent of the RRD Residential Revitalization District is to provide for and encourage reuse, redevelopment and revitalization of tracts that have undergone remediation. Mr. O’Neill advised that he has partnered with Benson Companies to construct townhouses on South Malin Road.

Mr. O’Neill stated that he met with the Township’s Fire Marshal who expressed his concern with the ability to handle a fire for multi-story structures at this location. Therefore, Mr. O’Neill has reduced the number of units to 305 down from 537 units. Density has been reduced by two-thirds from the original proposal. There will be no building on “hot spot” within the property, thereby, providing more green space. These “hot spots” will be capped. The new design is a rear entry building with 16 or 20 foot widths, three stories and approximately 1,900 sq. ft. The issue of a school buses being able to maneuver was investigated and determined not to be a problem. Changes to the intersection timing at Route 30 and South Malin Road will require modifications. Emergency vehicles only will have access to a keyed gate through Village Way. Members were advised that stormwater runoff will be controlled and the water will be cleaning before discharged to protect the Valley Creek. Discussion ensued.

Mr. David Babbitt presented his finding of the Fiscal Impact Study. He advised that the financial impact is positive for all entities: township, school district and county. He reviewed the report and stated that this development will not have a negative impact on the school district. Discussion ensued.

Members were advised that stacked townhouses are three and one-half stories tall and approximately 1,600-2,300 sq. ft. Mr. O’Neill addressed the screening for the units on the west side facing the tank farm and the exterior building materials being proposed. He offered to provide a four foot berm in front of the homes facing the tank farm for additional protection. Members suggested: 1) further review by the Fire Marshal for the new plan configuration; 2) traffic study review; and 3) approval of the building heights.

EAST WHITELAND TOWNSHIP PLANNING COMMISSION MEETING February 26, 2014

ZONING ORDINANCE TEXT AND MAP AMENDMENT – RRD –RESIDENTIAL REVITALIZATION DISTRICT – SOUTH MALIN ROAD – BISHOP TUBE

Represented by Lou Colagreco, Esquire, Brian O’Neill, Guy Wolfington

They are requesting to add a new permitted residential district by amending Section 200-19 “Permitted Uses for Residential Districts. The property is located on the southeast side of Malin Road formerly known as Bishop Tube property. The permitted uses are by right, special exceptions and conditional uses. The intent of the RRD Residential Revitalization District is to provide for and encourage reuse, redevelopment and revitalization of tracts that have undergone remediation.

Mr. O’Neill advised that the Bishop Tube property access is restricted due to the railroad tunnel. Various other development proposals have failed due to these restrictions. He is suggesting developing the property by demolishing the buildings. He will build 34 townhouses and 360 loft apartment with underground parking. There has been a cooperative effort from all parties to clean up the site. Discussion ensued concerning the safety limitations out of this area. Mr. O’Neill offered other developments where similar access limitation exists. He offered to provide the members a tour of these other locations he’s developed.

EAST WHITELAND TOWNSHIP PLANNING COMMISSION MEETING May 28, 2014

ZONING ORDINANCE TEXT AND MAP AMENDMENT – RRD –RESIDENTIAL REVITALIZATION DISTRICT – SOUTH MALIN ROAD – BISHOP TUBE

Represented by Lou Colagreco, Esquire, Brian O’Neill, Frank Tavani, John Benson

The applicant is requesting to add a new permitted residential district by amending Section 200-19 “Permitted Uses for Residential Districts.” The property is located on the south side of Malin Road formerly known as Bishop Tube property. The intent of the RRD Residential Revitalization District is to

provide for and encourage reuse, redevelopment and revitalization of tracts that have undergone remediation.

They are proposing to construct 305 townhouses. The density has been reduced by two-thirds from the original proposal. Mr. Colagreco stated that this most recent plan has been presented to Ken Battin, Building Official/Fire Marshal, and he gave a favorable review of this plan. Members were advised that they can satisfactorily comply with the items listed in McMahon Associates letter, dated May 23, 2014. Changes to the intersection timing at Route 30 and South Malin Road can be accomplished. A discussion ensued relative to the County Planning Commission review letter. The solicitor felt that they had not been given them credit for the revitalization. Ms. Woodman asked, if the two properties under agreement with the Benson Company, contained any contamination? She suggested that the applicant investigate Section 200-25.1 (A) which requires that the properties either will or have undergone remediation standards. To date, the Township has no “brownfield” notification on these two parcels. The applicant was advised the the surrounding community is interested in the status of the cleanup. Mr. Colagreco suggested that information be forward to the Township for incorporation on the website.

ACTION:

Mr. Laumer made a motion to recommend to the Board of Supervisors approval of the Zoning Ordinance Text and Map Amendments to creating a new RRD- Residential Revitalization District and applying this District in lieu of the current I-Industrial Zoning District designation on three parcels including the former

Bishop Tube property located on South Malin Road east of the Buckeye Tank Farm. The motion was seconded by Todd Asousa and the vote was unanimous.

Ok, so all this craziness mostly talks ONLY about HOW many units. From a couple hundred to over five hundred, to three hundred to two hundred and sixty four and apparently after last evening’s meeting oh goodie two hundred and thirty some odd units.

But where is everyone on where exactly is the remediation of this toxic site? As of April of this year (as in 2015 in case you read this post years from now), there is a Federal Law Suit filed that is NEW about this site. Filing a Federal suit (Bishop Tube et al 2015 litigation) is not something someone wakes up one morning and decides to do like putting on a blue shirt versus a pink dress. It is a little more complex and complicated is it not?

Oh and as pursuant to the resident remembering an evacuation in 1981:

1981 Bishop Tube Acid Spill

So where is the remediation?  I have been checking old HSCA Remedial Sites Listing and De-listing Dates on the web from the state and have NOT found any de-listing of Bishop Tube, so what is going on?

If this site is NOT completely remediated , why the cart before the horse scenario? Isn’t it a little bass ackwards to be discussing a development plan if a site is not completely cleaned up?  And is it true it can take decades to properly clean up a site like this because you never know when little pools of toxic goodness will bubble up? And can’t these chemicals get trapped between rocks and stuff and get released anew if moved?

In 2007 State Senator Andy Dinniman talked a good game on TCE, or Trichloroethylene (reference July 2007 newsletter item “Dinniman Gets Tough on TCE“), so where is he now? Where is he on the Bishop Tube site? What about State Representative Duane Milne?

Ok so what about the court/legal pissing match between Constitution Drive Partners LP and the PA DEP?

Excerpt:

Philadelphia (July 18, 2014, 5:09 PM ET) — A Pennsylvania court ruled Thursday that the owner of a contaminated tract of Chester County land could not appeal a Department of Environmental Protection letter ending an agreement in which the landowner agreed to take measures to rehabilitate the site in exchange for protection from liability.   

The Pennsylvania Environmental Hearing Board said that the letter the DEP sent to Constitution Drive Partners LP — which purchased the site of a former precious metals and steel processing facility in 2005 — was not appealable because the letter itself had no effect on the company…..When CDP bought the former Bishop Tube site in East Whiteland Township, it reached an agreement with DEP to take certain steps to remediate the existing soil and groundwater contamination, according to the opinion.

Then, in 2011, an independent contractor hired by CDP damaged piping and protective covering on a soil vapor extraction and air sparging system while conducting salvage operations on the site…..But in January, DEP sent the company the letter citing the 2011 damage and accusing the company of breaking the 2005 agreement…..CDP is represented by Jonathan Sperger and Lynn Rauch of Manko Gold Katcher & Fox LLP.

The DEP is represented by in-house counsel Anderson Lee Hartzell.

The case is Constitution Drive Partners LLC v. Commonwealth of Pennsylvania Department of Environmental Protection, case number 2014-019-M, in the Environmental Hearing Board.

So how  does the above affect this potential development?  And should there even been anything in the approval process of a municipality when remediation doesn’t appear to be complete and there is a Federal level law suit pending?

In 2007 the PA DEP out a press release which says in part:

DEP TO HOLD HEARING OUTLINING TREATMENTS FOR CHESTER COUNTY SITE CONTAMINATION

Public Invited to Comment on Plans for Bishop Tube Property

NORRISTOWN — The Department of Environmental Protection will hold a public hearing at 7 p.m. Tuesday, Jan. 30, to give residents the chance to comment on a proposal to address soil and groundwater contamination at the Bishop Tube site in East Whiteland Township, Chester County. The former industrial facility is being cleaned up under the Hazardous Sites Cleanup Act (HSCA), a 1988 law that authorizes DEP to investigate and clean up hazardous waste sites. “We have a unique opportunity at this site to partner with the current property owner to make sure that groundwater and contaminated soil can be treated simultaneously and efficiently,” DEP Southeast Regional Director Joseph A. Feola said. “We will present these plans at the Jan. 30 hearing for public comment.”

The site consists of a large area of contaminated groundwater associated with the former Bishop Tube Company. The company used, and most likely released, hazardous substances into the environment, including trichloroethylene (TCE), nitric acid, hydrofluoric acid and various heavy metals including nickel and chromium. TCE is of particular concern since it has been detected in groundwater on the former Bishop Tube property and in wells and springs off-site.

Although DEP activity on this site began in 1999, most recently, the agency has been concentrating its efforts on three distinct source areas of contaminated soil.

Last September, a DEP contractor installed monitoring wells to help determine the extent that contaminated groundwater from the Bishop Tube site is affecting the Little Valley Creek, part of the Exceptional Value Valley Creek Watershed.

From 1999 through 2006, DEP completed three phases of remedial investigation work at the site, mapping onsite soil contamination and conducting stream and sediment sampling while conducting groundwater investigation work. Within the last year, the agency has initiated a feasibility study to evaluate options for addressing the discharge of contaminated shallow groundwater to Little Valley Creek.

The 13.7-acre Bishop Tube property is currently owned by Constitution Drive Partners (CDP), who purchased the site in 2005 to redevelop it for commercial or light industrial use. As part of the site purchase agreement, CDP will finance the purchase and installation of equipment needed to remediate contaminated soils in the three source areas and work with DEP to address groundwater contamination issues. This will enable DEP to better coordinate cleanup actions with the developer’s plans to renovate the site for productive use.

So what happened? What is the latest? My research thus far that save development discussions as in how many units, will there be playing fields and so on I can’t find anything much over the past few years about where the clean up process is can you? Now yesterday on this contractor builder “smart bid” site I found an interesting drawing:
bishop tube site TCESo these are hot spots and contaminated areas that they know of? (And isn’t it amazing this project is being all put out for bid consideration like it is a done deal? Is it a “done deal”?)

Last night I heard a handful of residents attended the East Whiteland Planning Commission Meeting. Early reports of citizenry perspective can be summed up in one word: disappointment.  East Whiteland has a grave responsibility here don’t you think? Shouldn’t a plan with so many external balls in the air be tabled until things are settled? Like any litigation involving the site and site remediation being completed? What happens if they just close there eyes, hope for the best and approve without all of that stuff being taken care of? Litigation where the township could be added to, correct?

And a word to the wise to residents who think this plan doesn’t affect them: even if you don’t live in or around General Warren Village this affects you. Traffic, infrastructure, and costs associated with any future litigation over a site contaminated with toxic waste for starters, right? Couldn’t any potential township involved litigation related to this site be economically crippling to a municipality?

Residents in East Whiteland should stand with the residents of General Warren on this. Those people in General Warren have taken it on the chin with things like Cube Smart (and the stories of how some residents were treated are a little alarming, right?). The negatives thus far outweigh the positives of any development at Bishop Tube, don’t they?

And there is another thing to consider  – so once upon a time there was this moratorium on development in East Whiteland. See:

Fate Of Debated Building Moratorium Hinges On E. Whiteland Race

By Susan Weidener, INQUIRER SUBURBAN STAFF

Posted: October 28, 1999

Town Eyes Construction Moratorium East Whiteland Would Take 18 Months To Develop A Comprehensive Plan. Some Say The Proposal Would Not Stand Up In Court.

By Susan Weidener, INQUIRER SUBURBAN STAFF

Posted: February 23, 2000

East Whiteland has no regrets on moratorium Such measures were recently struck down. Still, the break from development was valuable, officials say.

By Susan Weidener INQUIRER SUBURBAN STAFF

Posted: July 05, 2001

Ok so this went all the way to the State Supreme Court. And it was struck down. Which isn’t any great surprise given things like, oh I don’t know…. the Municipalities Planning Code and whatnot?  At the time former supervisor Virginia McMichael was quoted as saying:

“We knew we were sticking our necks out a little bit, and people said we should wait to enact a moratorium,” Virginia McMichael, vice chairwoman of the East Whiteland supervisors, said recently.

“But by not waiting, we did have a year to work on our comprehensive plan without having to accept new plans, and that was helpful to us. Now, we’ve lost one of our arrows.”

The article continued:

The township’s 18-month moratorium was adopted in February 2000. It was suspended last July after the Zoning Hearing Board found it invalid because proper review procedures were not followed. Supervisors reinstated the moratorium in September.

On June 20, the state Supreme Court ruled that while a municipality can regulate land development, it cannot suspend it through moratoriums.

Eyes rolling. How much did Virginia’s Folly cost East Whiteland tax payers? We may never know, right? And the irony of this woman championing a moratorium on development back then and by the time she skeedaddled to  wherever she went after she stepped down she was a champion of development and do I have that straight?

Who says you can’t have it both ways?

So if you do the math starting with plans that started getting presented when McMichael was still supervisor to the present day how many living units are in the works for East Whiteland?  1200+?   1500+?   Or more?

East Whiteland is awash in a Where’s Waldo of development. But hey, since East Whiteland is working on another comprehensive plan maybe they should have a Groundhog Day and try another moratorium on development? (Kidding but if only it could happen, right?)

Look Bishop Tube is scary stuff. Why can’t they clean it up completely and get some sort of cleaned up certification from PA DEP or the EPA before proceeding on anything else? And why can’t East Whiteland ask for that?

And as far as development goes East Whiteland would be best served by taking a breath just because a developer decrees build it and they will come, it doesn’t make it so. Especially when you are talking about sites like Bishop Tube which have the distinct potential of becoming Silkwood meets Erin Brocavitch, right?

The bottom line here is we all have to care, all of us. We just have to.  Can we say  that lives and future lives depend upon it? Here is hoping in a strange collision of the universe that politicians and developers and municipal folk care about doing this one right.

Bishop Tube 20140908_Report_of_Findings Bishop Tube

Figure_12_-_TCE_Source_Area_Location_Map

Bishop Tube Environmental Impact Assessment

Chester County Hazard Vulnerability Analysis July 2009

PRESENTATION ON HAZARDOUS SITES CLEANUP FUND REPUBLICAN POLICY COMMITTEE HEARING DECEMBER 6 2007

Bishop Tube Earth Engineering Report Letter