MINUTES of MEETING
Durham Township Planning Commission
Wednesday, January 04, 2006
Township Building Meeting Room
Attendees: George Helwig, James Herrmann, James Pavlica,
Don Ratushny, Cindy Skoriak, and Gerald Ulmer
Absent: None
Quorum: Yes
Secretary: Joseph M. Kulick
(Also present were Township Engineer Scott Mease and Zoning Officer Peter Bent.)
Meeting called to order by Acting Chairman James Pavlica at 7:35 p.m. All in attendance stood and recited the Pledge of Allegiance to the American Flag.
First Order of Business was to conduct the Reorganization Meeting of the Commission:
Don Ratushny made a motion to reappoint Jim Pavlica as the Chairman, seconded by Jim Herrmann, no other nominations were made. A vote of the Commission was conducted; all were in favor to appoint Jim Pavlica as Chairman.
The Chairman asked for nominations for Vice Chairman and made a motion to appoint Jim Herrmann as Vice Chairman, seconded by Don Ratushny, all were in favor.
Jim Herrmann made a motion to appoint Joseph Kulick as the Recording Secretary, seconded by Jim Pavlica, all were in favor.
The Chairman asked for a motion to adjourn the Reorganization Meeting. Motions made by Jim Herrmann, seconded by Gerald Ulmer, all were in favor. Reorganization Meeting adjourned.
Approval of Minutes from 12-06-05 Meeting:
Jim Pavlica noted on Page 3, Paragraph 4, where he commented “the existing parking lot lighting was adequate” should be changed to “there is existing parking lot lighting”.
Jim Herrmann noted on Page 2, Paragraph 1, where it states “The Commission agreed with all of the recommendations”, it should be corrected to read “With the exception of Item #13 the Commission agreed with all of the recommendations”.
Don Ratushny requested that on Page 4, Paragraph 3, the second and third sentence be stricken from the official minutes.
With no further corrections, a motion was made by Jim Herrmann to approve the Minutes of 12-06-05 with the above corrections, seconded by Gerald Ulmer; all were in favor (Cindy Skoriak Abstained, not at meeting).
Viegas / Dungan Lot Line Change Review: (Present were Antonio Viegas & Steve Jensen)
Jim Pavlica questioned whether this was a lot line change or a simple subdivision. He felt that Mary Dungan (the seller of the parcel in question) should subdivide her lot, making two parcels out of one, before she could sell it to Mr. Viegas. Township Engineer Scott Mease commented that it is a minor subdivision by definition, but the ordinance (SALDO) contained wording in reference to a lot line change.
Steve Jensen from Daniel R. Hendricks, P.L.S. explained the purpose of the Plan to the Commission. He stated that Mr. Viegas presently owned 16.88 acres and is looking to expand it to 23.64 acres by purchasing land from his neighbor Mary Dungan. She presently has 10.24 acres and would sell 6.76 acres to Mr. Viegas thus leaving her with a 3.48 acre lot. No further development is proposed on either lot.
Mr. Jensen commented that the present septic system on the lot that Mary Dungan is retaining (3.48 acres) is currently being evaluated for adequacy. He (Jenson) questioned Scott Mease’s review letter of 01-03-06, Para C (Zoning Ordinance), No. 1 Site Capacity Calculations… he questioned the need to perform the requested full topographic survey. Scott Mease explained the requirement in detail. Mr. Jensen agreed to the remainder of the review letter.
Scott Mease noted that if the present Dungan lot is classified as a “Rural Residential” lot and it is reduced to under a ten (10) acre lot, then the sewage system would have to be replaced prior to approving the Plan. He (Mease) also noted the requested waivers, and the fact that when the lot line change is performed, the new lots’ (6.76 acres) deed must be recorded at time of the subdivision to avoid a “land-locked” parcel situation. Don Ratushny reviewed with Scott Mease the requested waivers. Jim Pavlica noted that the Commission could only recommend the granting of the waivers to the Board of Supervisors. Don Ratushny also questioned the required timing for submittal of a plan to the Planning Commission. He felt a minimum of twenty (20) business days is required for submission. This would allow adequate time for the proper reviews prior to the meeting. Scott Mease agreed and felt that the time for submittal had been changed to approximately three (3) weeks prior to the Planning Commission Meeting date or before the second Tuesday of the month prior to the next meeting. Joe Kulick noted that the Township has not received the Bucks County Planning Commission Review as of this date.
Due to all of the deficiencies, errors, and required adjustments, Don Ratushny made a motion to table the discussion until revised plans are submitted. Jim Herrmann agreed. Prior to ending the review, Mr. Jensen asked if the Commission would recommend the waiver of installing concrete monuments as required by Township Ordinance. Jim Pavlica stated that he would not approve such a waiver. Don Ratushny agreed and explained the reasoning for the monuments. Mr. Viegas objected to the requirement and felt they interfere with farming operations and are very costly to install. Jim Pavlica stated that perhaps the Commission could recommend the installation of steel pins around the house in lieu of concrete monuments. Don Ratushny reminded the Chairman that he made a motion to table the discussion and it was seconded by Jim Herrmann. A vote was taken and all were in favor to table any further discussion until next months meeting.
Note: After tabling…an in-depth discussion ensued regarding the difference between a minor subdivision and a lot line change. Peter Bent read the pertinent ordinance (SALDO) to the Commission. No definite conclusion was formulated as a result of the discussion.
Proposed Open Burning Ordinance Review:
A general discussion regarding the proposed ordinance and the information presented by Joe Kulick was conducted. Zoning Officer Peter Bent reviewed the State DEP Rules & Regulations regarding Open Burning and felt they would be an appropriate guideline as a “model ordinance” for a possible township ordinance. He noted a particular new exception on the DEP Regulations (Page 3 Item 7) which allowed the burning of “yard waste”. Jim Pavlica felt that any ordinance should include the burning of leaves and other natural wood products. Don Ratushny felt that a local ordinance would give the township zoning officer local jurisdiction to enforce the regulations. Jim Pavlica commented that a local ordinance would mostly give local jurisdiction to an already existing State DEP Regulation. Jim Herrmann noted that the main problem in the area appears to be the burning of toxic debris and not the burning of natural vegetation. A permit or prior notification might be required for a larger fire. Jim Pavlica requested suggestions on what further action the Commission may want to take on the proposal. Jim Herrmann felt that the PA DEP “Model Ordinance”, as revised, would be an appropriate guideline. Jim Pavlica suggested forwarding the material to the Board of Supervisors for review and comment. Don Ratushny suggested including in the ordinance the availability of anyone to call 9-1-1 to have the fire department respond and put out the fire. Jim Herrmann made a motion to continue the discussion until the next Commission Meeting, seconded by George Helwig, all were in favor.
Knuth Lot line / Subdivision Review:
Item was removed from Agenda at request of Howard Knuth via written letter. Joe Kulick noted to the Commission that he sent the letter to Peter Harrison as requested. Peter Harrison advised him that he had spoken with Howard Knuth’s attorney and that they were going to file for a variance from the Township Zoning Hearing Board. The time limit for action is 02-18-2006.
Comments / Questions from the Floor:
Jim Pavlica had a comment regarding Jim Herrmann’s written recommendations from the previous meeting on 12-06-2005. He felt that Mr. Herrmann’s points were worth considering but not necessarily items that we should definitely implement in the Comprehensive Plan. For example, No. 10 on the list states, “no scenic hilltop or ridge line shall be developed or trees removed”. He felt that it may be impossible to enforce since the township consists mainly of hills. Jim Herrmann commented that his recommendations are just that and should not be taken word for word.
Don Ratushny commented on a recent edition (Fall 2005; Volume 2; Issue: 4) of Cooks Current (Seasonal Newsletter of Cooks Creek Watershed Assn.), Page 4; “Durham Nears Completion of New Comprehensive Plan”. He felt that the article did not address all of the people in the township but only those in Durham (Town of), when requesting their attendance at future Comprehensive Plan discussion meetings. No further comments.
A motion to Adjourn was made by Gerald Ulmer and seconded by Jim Herrmann, all were in favor. Meeting adjourned at @ 9:25 PM.
Minutes Submitted By: Joseph M. Kulick, Recording Secretary
(Next Planning Commission Meeting to be held on Tuesday, February 07, 2006 at 7:30 PM…)