11 General Warren Blvd, Suite 1
Malvern, PA 19355
Tuesday, May 14 2024


Planning Commission:
Matt Rogers, Chairman, Dan Walker, Vice Chairman, Andy Motel, Mike Richter, Andre von Hoyer, and Bill Westhafer. Michael Churchill and Daniel Ghosh were absent.
Randy Patry, P.E., Tom Comitta, AICP, Wendy McLean, Esq.
Chris Heleniak, Township Manager
See attached sign-in sheet.

Call to Order:

7:00 p.m.


Approval of Minutes

Mr. Richter moved to approve the April 9, 2023 meeting minutes and Mr. Motel seconded. Mr. Rogers called for discussion and there being none called the vote. All were in favor.

Plan Reviewss

John G. Kulp Conditional Use Application

John Gary Kulp presented his conditional use application for a 30 foot by 40 foot (1,200 square feet) garage at 3072 Blackberry Lane. Section 27-1608.2. of the Zoning Ordinance (ZO) indicates that no accessory buildings on a lot shall exceed 50% of the ground floor area of the permitted principal structure except if Conditional Use Approval is granted. It will be a general use garage and it will be located behind his house. The main purpose will be to move his car collection into the garage and out of his driveway. The garage will be approximately 19-20 feet tall at the peak and since it will sit lower than his house, you will not see it from the road. The garage’s location needed to be moved from its original location to comply with the setbacks. Stormwater management has been designed and the structure will be a painted steel structure.

Ms. Jill Green questioned why a conditional use is necessary. It is necessary because the existing dwelling is 1,590 square feet, and the proposed 1,200 square foot garage is 75.47% of the principal structure ground floor area (exceeding the ordinance by 25.47%). She further questioned the environmental impact of oil and other liquids. Mr. Kulp stated he properly disposes any oil and other fluids.

Mr. Robert Greiser, 3080 Blackberry Lane, is Mr. Kulp’s neighbor and expressed concern with the effect the garage may have on the resale value of his property since he plans on selling in the next couple of years. He further questioned the location of the garage and Mr. Patry showed him a copy of the site plan.

Mr. Motel questioned if other neighbors were notified of the proposal. Mr. Kulp stated that he did send notices to other neighbors besides Mr. Greiser. He further questioned whether trees would need to be removed. Mr. Kulp stated that no trees would need to be removed.

Mr. Frank Beyer questioned whether there were any plans to use the garage for commercial use. Mr. Kulp stated that he did not and just wants a place to put his cars inside and a place to work on them.

Items on Mr. Wright’s review letter dated April 17, 2024 were discussed as follows:

  1. The retaining wall shown in the plan has now been moved to meet the 20-foot setback.

    Mr. Kulp explained the change to the foundation and the location of the garage to meet the required 20-foot setback.

  2. Mr. Wright recommends that the applicant present a graphic showing the massing and relationship of the proposed garage to the existing dwelling along with letters of support from adjoining property owners.

    Mr. Kulp presented a rendering of what the garage is going to look like.

Items on Mr. Comitta’s review letter dated April 16, 2024 were discussed:

It appears that the proposed grading for the proposed recharge bed/basin area #1 would greatly impact the root systems of the existing 30″ Poplar and 18″ Maple trees. It is recommended that the proposed recharge bed/basin locations be adjusted to reduce and minimize the impacts to the mature trees.

Mr. Kulp stated he would shift the basins to ensure that the root systems for the existing trees are not negatively affected.

Additional Comments:

Mr. Richter questioned whether there is an issue with the stormwater management system being in close proximity to the existing cesspool. It was stated that the location of the stormwater system was chosen to minimize the impact to existing trees.

Mr. Rogers moved to recommend conditional approval of the conditional use of the detached garage subject to:

Mr. Richter seconded. Mr. Rogers called for discussion and there being none called the vote. All were in favor.

Other Planning Items

Progress Report on Proposed Ordinances from the Joint BOS/PC Meeting

There was a discussion on the proposed single-use plastics ban ordinance being proposed by the EAC. Mr. Rogers stated that no business owners attended the EAC meeting the evening before. The Board of Supervisors has requested the EAC return to the PC for further discussion on the scope of the ordinance.

Ms. McLean reiterated that the PC is not required to review this type of ordinance as it is not covered by the Municipalities Planning Code.

There was a discussion on three items to consider for possible amendments to the Zoning Ordinance accessory dwelling units (ADU), grid-scale solar and agritainment.

Mr. Rogers stated that the accessory dwelling units topic would be easier to address quickly, whereas the solar and agritainment would most likely require more research before taking any action. He shared his experience in New Castle County with ADUs.

Ms. McLean stated that she has taken continuing education courses on grid-scale solar and that her and Mr. Comitta are working on an ADU ordinance for Malvern Borough.

There was further discussion on the potential issues with accessory dwelling units, including the following:

Administrative Note

Any documents referred to in the minutes are available to the public upon request at the Township office.


There being no further business, Mr. Rogers adjourned the meeting at 7:48 p.m. The next meeting will be held on June 11, 2024, at 7:00 p.m. at the Township Building, 11 General Warren Blvd, Malvern, PA.

Respectfully submitted,

Chris Heleniak
Township Manager/Secretary