Middletown Twp. Council Modifies Pond’s Edge Easement

voted 5-2 on Monday night to modify the existing land conservation easement for the .

Councilmen Mark Kirchgasser and Norman Shropshire voted against the modification.

Council’s action reduces the conservation easement setback from 200 feet to an "average" 80-foot buffer with a 60 foot minimum, across the frontage, explained both Joe Riper, the attorney representing Pond’s Edge and Council President Scott Galloway.

The "average" of 80 feet is because the contour of the road, Baltimore Pike, changes along the frontage and will cause the green buffer between the edge of the road (the cartway) and retail parking for the development to range from 60 to 80 feet, Galloway explained.

The development’s buildings would be set back 100 feet from the right-of-way, Riper said.

Council plans to include an item on its Sept. 10 meeting agenda which will introduce an ordinance to amend the conservation easement which was approved at Monday night’s meeting. The ordinance will create the language to explain the easement amendment and how the "average" 80-foot buffer will work.

Pond’s Edge plan calls for a 50.7 acre residential development at 1318-1328 W. Baltimore Pike. The development would contain 227 residential units—with most of them being townhomes—and a front commercial parcel facing Baltimore Pike.

Council voted in May to maintain the 200-foot easement, but the developer asked council to reconsider the request. .

While presenting the 80-foot buffer to council, Riper said the Franklin Mint development, which sits on either side of the Pond’s Edge site, could be developed with only a 25-foot buffer along Baltimore Pike.

"We’re trying to find a middle ground that works for both the township and the developer," Riper said.

Before council's vote, Galloway said he still had "conflicting thoughts" about modifying the easement.

Galloway said the proposed use was consistent with the township’s comprehensive plan and he wanted the project to succeed from a business standpoint because it’s been perceived that businesses along Baltimore Pike "have not had a lot of success."

"With reluctance, it would be my recommendation to modify the easement," Galloway said.

Council asked Pond’s Edge’s Land Planner Robert Heuser, if the retail parking could be placed in the back of the commercial buildings instead of in front of it.

Heuser said the, "inference of parking is very important for the success of the stores."

Heuser was also asked if the retail buildings could be moved further back from the right-of-way.

Heuser replied that he wanted to avoid moving the buildings because wetlands on the development site require a certain elevation in order to avoid having to build a "very costly bridge" across the wetlands.

Kirchgasser told Riper he was opposed to amending the land conservation easement.

"You can say that the 200-foot easement doesn’t add value to your application, but it still has value to the township," Kirchgasser said.