MINUTES of MEETING
Durham Township Planning Commission
Tuesday August 01, 2006
Township Building Meeting Room
Attendees: James Pavlica, Don Ratushny, Cindy Skoriak,
Peter Thomson, Ken Klein, and George Helwig
Quorum: Yes
Secretary: Joseph M. Kulick
Absent: Gerald Ulmer
Also present were Township Engineer Scott Mease, and Zoning Officer Peter Bent
Meeting called to order by Chairman James Pavlica at 7:34 PM. All in attendance stood and recited the Pledge of Allegiance to the American Flag.
Approval of Minutes from 06-06-06 Meeting:
Ken Klein made a motion to accept the Minutes as presented; Pete Thomas seconded the motion and all agreed. Minutes Approved.
Old Business:
Knuth Major Subdivision/Lot Line Change – Final Plan
Steve Jensen, PLS and Howard Knuth were present to obtain the Planning Commissions recommendation to approve the final plan to the Board of Supervisors. Township Engineer Scott Mease advised the commission that the Board of Supervisors approved the Preliminary Plan at last months board meeting and he has the Sewage Planning Module for tonight’s signatures.
Chair Jim Pavlica asked if anyone had any further comments and/or questions regarding the submission. Vice Chair Don Ratushny once again questioned the sudden appearance of the Freidermann driveway on the June meetings preliminary plan. He (Ratushny) commented that it was not on the plans as submitted to the Zoning Hearing Board for review and questioned if that would change their (ZHB) decision. Scott Mease replied to the question noting he indeed requested the addition of the driveway in his review letter. He (Mease) also noted it is not uncommon to add or remove features as a plan progresses. Jim Pavlica noted that the Board of Supervisors has already approved the Final Preliminary Plan with the driveway in place. Zoning Officer Peter Bent agreed that the driveway addition should not alter any final approvals as it is a preexisting item. Scott Mease agreed and recommended the commission proceed with a vote to possibly recommend approval to the Board of Supervisors. Don Ratushny noted the absence of the Township Solicitor at the meeting to receive a legal opinion on the matter. Scott Mease advised the commission that a new easement for the driveway in question will be recorded with the county to clarify the exact positioning of the driveway.
Since there were no further comments and/or questions, a motion was made by Ken Klein and seconded by George Helwig to recommend to the Board of Supervisors the approval of the Final Plan; subject to conditions stated on Mease letter of July 27, 2006. All Agreed and the motion passed.
Wendie Johnson Revision #1 Residential Land Development Review:
Attorney Edward Wilde, Denny Litzenberger PLS, and Resident Wendie Johnson were present. The above plan contained the Johnson 17 acre parcel and proposed the building of a second single family dwelling on the same parcel for Ms. Johnsons’ daughter and son-in-law to reside in.
Attorney Ed Wild distributed a packet, containing a list of seventeen (17) exhibits, to the commission. He commenced a review of the Township Engineers’ Letter (Exhibit A-4) dated 07-27-06; Section D, SALDO. Chair Jim Pavlica questioned the need to review the SALDO section of the engineers’ letter when an earlier section (C) dealing with Zoning prohibits the construction of two (2) single family dwellings on one (1) parcel, and a deed restriction also prohibits any further development on this particular parcel. Also, Jim Pavlica noted the commission is in possession of a written legal opinion from the Township Solicitor, advising denial of the submittal to the Board of Supervisors, based on the existing deed restriction. Attorney Wild responded noting we can review the SALDO concerns now or later, whatever the commission desires. He (Wild) felt they both should be addressed this evening, especially since him and his client “will comply” with all of the items in the SALDO comments. This will reduce the legal decisions down to the zoning concerns alone.
It was decided to discuss the zoning issues and the solicitors’ legal opinion. Attorney Wild addressed Peter Harrison’s letter of July 28, 2006 (Exhibit A-6) addressed to Durham Township Supervisors. He (Wild) read the letter aloud. He did not agree the data on the Site Data Chart (on the original Nathan subdivision plan) is an enforceable deed restriction or a covenant running with the land restricting further development. Wild stated; where the (Nathan) plan states “no further subdivision”, this is not a subdivision but a plan of land development. We are not proposing a subdivision, but if we were, this is a personal covenant, not intended to be a restrictive covenant running with the land, in my (Wild) opinion. He (Wild) also felt the Deed of Extinguishment, recently executed and recorded, eliminated any restrictions as recorded on the original deed.
With regards to Peter Harrison’s third paragraph; relating to Township Ordinance 1990-5, enabling the township to enforce any notes (restricting any further subdivision) on a deed; this ordinance was not included in the subdivision book purchased from the township (Exhibit A-7) and was not passed until 1990, eleven (11) years after the Nathan plan was approved in 1979, commented Wild. Attorney Wild does not agree with the Township Solicitors opinions, he feels that Wendie Johnson should be allowed to construct her daughters dwelling, and he requested a recommendation of approval on the land development from the commission to the Board of Supervisors.
Vice Chair Don Ratushny requested an extension from Attorney Wild, to which he promptly replied no. Attorney Wild did not see any reason whatsoever to create additional expense for his client. He (Ratushny) questioned Township Zoning Officer Peter Bent on the outcome of a possible conditional use requirement for Ms. Johnson back in October, 2005, since she boards horses. Mr. Bent replied he did not recall the outcome of the request. Scott Mease recapped possible courses of action for the commission to follow. Since an extension will not be granted, the commission must vote on the submittal. Normal procedure would be to follow the advice of the solicitor and vote to recommend denial of the plan to the Board of Supervisors. With regards to the requested waivers; since the applicants are willing to comply with all of the requirements, a vote on the waivers should be conducted. Ken Klein agreed with the Township Engineers’ comments.
Jim Pavlica asked for any comments and/or questions from the public in attendance; resident/neighbor Sandra Degan stated she was against the plan; resident/neighbor Dan Doak expressed his concerns over the lack of electricity in the area; and resident/neighbors Mr. & Mrs. George Herrmann questioned why Wendie Johnson would pay someone to develop plans if the township is not going to allow them to build and why wouldn’t they come to a conclusion on the zoning issues first (“cart before the horse”). Zoning Officer Peter Bent once again stressed the importance of the zoning issues in this plan. Only one (1) dwelling unit per lot is allowed by township ordinance.
Chair Jim Pavlica explored the possible actions that the commission could take; whether or not to recommend approval of the request for waivers; and whether or not to recommend approval of the plan. Can we not vote and just pass it along to the supervisors for action, questioned Chair Jim Pavlica. Scott Mease stressed the need for the commission to make the required recommendations to the Board of Supervisors. He noted that waiver recommendations could be approved pending outcome of the zoning issues. Ken Klein agreed with the suggestion.
Ken Klein made a motion to recommend approval to the Board of Supervisors on the requested waivers, with the addition of removing trees and improving shoulder along Kintner Road to the satisfaction of Township Engineer. All items to be complied with regarding a blanket “will comply with” from Attorney Ed Wild ; also, to recommend denial of the plan to the Board of Supervisors due to the lack of extension of time and with reference to Township Solicitor, Peter Harrison’s letter of July 28, 2006 recommending denial of the plan. Motion was seconded by Cindy Skoriak and agreed to by all members. Motion passed.
Rohs Major Subdivision Preliminary Plan Review
Roger Lehmann from All County & Associates and Stephen Rohs were present to discuss a major subdivision of his property from one (1) lot into three (3) parcels along Kintner Road. In a former submission of a sketch plan, two (2) lots were to be divided into four (4) parcels. The main parcel of 46.08 acres (51 acres by actual survey) has been withdrawn from the submittal and is no longer part of the subdivision. This parcel may be preserved from any further development but is also for sale on the real estate market.
Mr. Lehmann acknowledged receipt of Township Engineer Scott Mease’s letter of July 28, 2006 and verbally agreed to all of his conditions in the letter. He presented an updated waiver request letter to the commission. Mr. Lehmann also questioned the commission regarding item C-8 in the letter; regarding lot #1 and its’ interior lot and access strip configuration. Scott Mease reminded the commission of zoning requirements that are being violated by the lot #1 access strip; i.e. length less than 300’ and width less than 50’ for the entire length.
Don Ratushny raised the on-going concern over the existing size of Kintner Road and the inability for emergency vehicles and school buses to traverse the roadway. Mr. Lehmann agreed to improve the bend area of the road only by trimming a few trees, but felt the township should also improve the entire road’s width. He (Lehmann) then asked if the commission would support their effort before the Zoning Hearing Board regarding any required zoning variances on the access strip length. Scott Mease suggested the commission not make any recommendations on the several zoning items in violation, including several existing dwellings on lot #1. Zoning Officer Peter Bent noted the shrinking of the lot with three (3) dwellings may also require a variance. Chair Jim Pavlica suggested placing one of the three existing dwellings into lot #2 (redrawing the lot line between lot #1 & lot #2 to include the most eastern dwelling in lot #2).
Property owner Stephen Rohs advised the commission he wanted to move on with this application and was willing to reduce the subdivision to only two (2) lots if it eliminated all zoning concerns ; one parcel with the three dwellings (+9 acres) and one with an approved building lot of approximately 8 acres).
Mr. Lehmann proceeded to review the requested waivers; required scale plan,; man made features (aerial photo in lieu); roadway improvements (as stated earlier) also Scott Mease & Road Master to meet with applicant; street tree waiver; street lights waiver; all other items are will “comply”.
Applicants to return at a later meeting with revised plans. There were no further comments and/or questions.
Open Burning Discussion:
Zoning Officer Peter Bent reviewed previous discussions and read aloud a letter from DEP received on July 10, 2006 advising leaf waste is not to be disposed of with normal trash nor burned. It is not clear exactly how these provisions apply to us. Also, Joe Kulick advised the commission of the requirement (DEP) not to burn ANY item that can be recycled. Chair Jim Pavlica stressed the need for the farmers to be able to burn; as-long-as the smoke does not go beyond your property line and annoy your neighbors. A poll of all commission members was taken: Pete Thomson felt there should be sensible restrictions on burning. Yard waste should be allowed but definitely not household refuse; Supervisor/Resident Manfred Marschewski felt we should follow the lead of Williams Township and have anyone burning call the township and we would issue a no fee permit. Jim Pavlica did not have a problem with allowing open burning that is controlled. Don Ratushny felt that some people would not use common sense nor care about their neighbors, thus burning should not be allowed. George Helwig felt that all farmers have a right to burn otherwise debris would accumulate beyond control. The commission felt that Sunday would be eliminated as an approved “burn day”; free permits; big fine for not obtaining a permit. Cindy Skoriak felt Tuesday, Thursday and Saturday, dawn to dusk, could be okay to burn days with free permit; permit valid for certain period; if neighbor objects and resident burning fails to oblige, the neighbor would call the fire department to extinguish. Don Ratushny did not agree with the notification requirement and the length of time should be reduced from dawn to dusk. Ken Klein felt burning okay; no trash or recyclable materials; free permit; large fine for none compliance. Township Newsletter could include a pull-out survey for residents to complete and turn-in with their opinions on open burning. Joe Kulick instructed to devise another model ordinance to include a sample permit for future meeting.
New Business: None Submitted
Comments / Questions from the Floor:
Don Ratushny commented on an article in the Cooks Creek Watershed Newsletter regarding the creation of a possible ordinance by their organization and questioned their authority to do so. Also, he noted a statement in the document referencing a “regional environment advisory council” including Durham Township. He felt it important for area residents to closely monitor the areas water resources.
Closing:
A motion to Adjourn was made by Don Ratushny, and seconded by Ken Klein, all were in favor. Meeting adjourned at @10:35 PM.
Minutes Submitted By: Joseph M. Kulick, Recording Secretary