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***UPDATE: AUGUST 9***Carlino East Brandywine LP has elected to pursue obtaining Final Plan Approval from the Board of Supervisors even though the Court of Common Pleas for Chester County has not yet ruled on Brandywine Village Associates and L&R Partnership’s appeal of the Board’s April 20 decision granting Conditional Preliminary Plan Approval.
On August 3, the Planning Commission recommended that the Board of Supervisors grant Final Plan Approval with conditions. Brandywine Village Associates and L&R Partnership have requested that the Board of Supervisors hold hearings prior to rendering a decision on the Final Plan Approval, similar to the many days of hearings that preceded the Board’s Conditional Preliminary Plan Approval in April. At the August 17 Regular Session (7:30 PM) the Board will consider the request for additional hearings and, if Carlino East Brandywine LP is prepared to request it, may also consider granting Final Plan Approval.
If granted by the Board of Supervisors, the same parties may also appeal Final Plan Approval to the Court of Common Pleas. While the developer could elect to begin work at the site with Final Plan Approval in hand, so long as the Court has not ruled on the outstanding appeals they would do so at their own risk.
***UPDATE: MAY 31***Brandywine Village Associates and L&R Partnership have appealed the conditional preliminary plan approval granted to Carlino East Brandywine LP by the Board of Supervisors to the Court of Common Pleas. The matter is now in the hands of the Court of Common Pleas for Chester County, who will make a decision to either confirm the approval granted by the Township or reject the approval.
***UPDATE: APRIL 22***Full text of the Board of Supervisor's conditional preliminary approval of the plan of Carlino East Brandywine LP can be found here.
***UPDATE: APRIL 20***At its regular meeting held on Wednesday, April 20, the East Brandywine Township Board of Supervisors granted conditional preliminary approval of the plan of Carlino East Brandywine LP for the “East Brandywine Center,” which features a Giant supermarket. At the same time, the Board granted a number of waivers as requested by the applicant. Parties now have a period of 30 days in which to file an appeal pursuant to the Pennsylvania Municipalities Planning Code.
***UPDATE: APRIL 15***The Board heard testimony on Thursday, April 14 from 9:00 AM to 3:00 PM. All three parties finished testimony and have made closing comments. The Board Supervisors will render a decision on the preliminary plan application at its regular meeting on April 20, 2016 at 7:30 PM.
***UPDATE: MARCH 29***The Board heard testimony on Tuesday, March 29 from 9:00 AM to 4:00 PM. An additional hearing date has been scheduled for Thursday, April 14 beginning at 9:00 AM. The Board intends to render a decision on the preliminary plan application at its regular meeting on April 20, 2016 at 7:30 PM.
***UPDATE: MARCH 17***The Board spent an additional four hours hearing testimony on Wednesday, March 16 between 1:00 PM and 5:00 PM. Later that same evening the Board heard comments from a number of residents immediately following their regular meeting at 7:30 PM. An additional hearing date has been scheduled for Tuesday, March 29 beginning at 9:00 AM.
***UPDATE: MARCH 4***The Board spent spent more than five hours hearing testimony on Thursday, March 3. The hearing continues on March 16 at 1:00 PM. The opportunity for residents to be heard will be at the Board's 7:30 PM meeting that same night.
***ORIGINAL STORY: FEBRUARY 22***Judging by the attendance at the February 17, 2016 Board of Supervisors Meeting, as well as social media activity, there is a great deal of interest in the pending application of Carlino Land Development to construct a Giant grocery store in East Brandywine Township.
The Board of Supervisors wants you to know that your opinions and concerns are important. Many who attend the meeting February 17th were disappointed they did not get the opportunity to address the Board of Supervisors. We thought it appropriate to explain the process so residents would understand when they will have the opportunity to be heard.
Even though the current application before the Board of Supervisors is substantially similar to the two (2) previous applications that were submitted and approved, legally this third (3rd) application must be treated as if this project had no previous history. In other words, it must go through the land development process. Two (2) opponents (adjacent property owners) have exercised their right under the Municipalities Planning Code to request that the Board of Supervisors conduct a formal hearing on the application.
The hearing began on February 17th and will continue on March 3rd at 9:00 AM. The Applicant first presents evidence in support of the Application. The opponents then present their evidence. After all the evidence is introduced the public will be permitted to make comments. It is currently anticipated that the Board of Supervisors will hear public comments at the next evening meeting (March 16th at 7:30 PM) before making a decision. However, that could change if the opponents do not conclude presenting evidence on March 3rd. Check back here for any updates.