MINUTES of MEETING

Durham Township Planning Commission

Tuesday April 04, 2006

Township Building Meeting Room

Attendees:             James Pavlica, Don Ratushny, Cindy Skoriak,

Peter Thomson, Gerald Ulmer Ken Klein, George Helwig

Quorum:               Yes

Secretary:             Joseph M. Kulick

Absent:                  Zoning Officer Peter Bent

Also present was Paul Hartley, P.E. filling-in for Township Engineer Scott Mease.

Meeting called to order by Chairman James Pavlica at 7:00 p.m.  All in attendance stood and recited the Pledge of Allegiance to the American Flag.

Approval of Minutes from 02-07-06 Meeting:

Member Cindy Skoriak made a motion to accept the above Minutes as presented, seconded by Ken Klein and all agreed.  Members Gerald Ulmer and Pete Thomson abstained (not at meeting).

Approval of Minutes from 03-07-06 Meeting:

Vice Chairman Don Ratushny made a motion to approve the above Minutes as presented, Gerald Ulmer seconded the motion and all agreed.  Members George Helwig and Ken Klein abstained (not at meeting).  Chairman Jim Pavlica abstained from “Pavlica Plan Review” portion of Minutes.

New Business: (None Presented)

Old Business:

Comprehensive Plan Update: 

Mr. George Spotts of Castle Valley Consultants conducted a presentation of the Draft Comprehensive Plan Update noting that a final vote by the Planning Commission should be conducted tonight in order to pass it along to the Board of Supervisors.  At the present time the deadline for completion remains June 30, 2006.  Joe Kulick noted that he forwarded a letter to the Bucks County Department of Economic Development requesting a three (3) month extension.  The Chairman reviewed the upcoming timetable to review the Plan and felt that adequate meetings have been scheduled.

Mr. Spotts explained the update process, along with the purpose of a Comprehensive Plan, to the attending public.  He noted that the Plan had not been updated since 1977.  He noted an important role of the Plan is to address the goals of the township; township character, natural resources, scenic resources, agricultural make-up, planning to control growth, historic identity, traffic & transportation needs, housing, parks & recreation, community facilities & public services, and lastly land use.  He noted the availability and value of the existing township EAC Report as a companion document to the Plan.  He recommended the incorporation of the thirteen (13) EAC recommendations into the Plan.

Mr. Spotts reviewed the Bucks County Natural Areas’ Inventory, noting the Cooks Creek Watershed as a Priority #1 area to be protected along with the Durham Mine Hill, Rattlesnake Hill areas.  As a Priority #3 site Buckwampum Hill, Chestnut Hill, Lynn Island, and Monroe Fault are listed.

Mr. Spotts displayed an updated “Land Preservation” map.  The map displayed township parcels that have been preserved through Bucks County, Heritage Conservancy along with non-preserved Agriculture Security Areas.  Supervisor Manfred Marschewski, present in the audience, explained the purpose of the Agriculture Security Area.  Also displayed on the map was the Limestone Boundary Area (Karst Area).  This area can contain sink holes, caves and underground streams.  A 2003 Durham Township Ordinance prohibits development in and within 200’ of this area.  The Vice Chairman, Don Ratushny, gave a brief history of the “Karse” geology in this area along with the need to protect the agricultural industry in the township.

Richard Deppen, US Forestry Department, DCNR, was present in the audience and commented on a district called “The Highlands”.  He noted that parts of Durham Township are located in this area.  This area contains “black rock” and valuable water resources.  This federal program was adopted by the township Board of Supervisors.

Mr. Spotts unveiled a second map titled “Future Land Use Map”.  This map outlined the various proposed zoning areas for the township.  It included the existing areas of Village Center, Rural Residential, Planned Commercial/Industrial, Resource Protection, and a new area designated “Agricultural Preservation”.  Vice Chairman Don Ratushny explained the reasoning behind the designated areas.  He noted that the majority of the already preserved parcels are located in the northern section of the township (north of Cooks Creek). Also, this area contains the karst geology, thus this area was designated as the “Agricultural Preservation” District. He also noted the Rural Residential (RR) District has been relocated to the center of the township, in the area of Mine Hill Road (Hager Farm), due to the present RR District being mainly located in the non-developable karst area previously discussed.  This area (RR) is also located in the area of the township receiving the most development in recent years.  The Chairman questioned the reasoning behind selecting the Hager Farm over any other property.  George Spotts responded to the question noting the need for a large property, not located in the karst region, which has not been previously preserved.  He noted the potential for 400 units in the current RR District, not taking into account non-developable portions.  Jim Pavlica cautioned Mr. Spotts in reference to possible mines located under this (Hager) property. 

Resident Leo Koplin questioned the need to change the RR District this late in the planning.  The Vice Chairman added the existing RR District would also be affected by the Riegelsville “Well Head Protection Area” reducing the available land even more. The Chairman questioned George Spotts on the exact requirements of the “Agricultural Protection District”.  Mr. Spotts replied, it would provide @ sixty (60%) percent of any parcel to be preserved.  It would allow a farm subdivision of twenty-five (25) acres, an “estate” subdivision of five (5) acres, and a third possibility for a “residential” subdivision of two (2) acres.  All subdivisions would require 60% of the parcel being preserved.  He noted these are only examples and would require an approved zoning change. 

Resident Leo Koplin continued his objection of the proposed plan, commenting it was unfair for land owners in the proposed district to bear the entire burden.  He (Koplin) felt that the area selected to relocate the RR District was no better an area then the present one for development. He (Koplin) did not feel access (roadways) to the new area was adequate. The Vice Chairman once again attempted to explain to Mr. Koplin the reasoning behind the proposed redistricting selections.  He also noted the selections were made for the benefit of all residents of the township not just a few.  The Chairman felt the proposed RR area was the worst area to pick due to potential existence of mines and that other areas should be considered.  Resident Carl Martin questioned the need for a township to designate an RR District that does not meet the projected growth.  Resident Tim Koplin asked if other land owners were aware of the proposed change, to which the Vice Chairman replied, meetings have been held every first Tuesday of the month discussing the Draft Comprehensive Plan.  The Chairman questioned the need to include such a map in the Comprehensive Plan at all.  Mr. Spotts once again noted that a formal zoning realignment would have to take place before any changes could be enforced and such changes are traditionally enacted to reflect the existing Comprehensive Plan.

Resident Mrs. Oleksa questioned the size of the proposed RR District.  She felt that further studies should be conducted before choosing an area.  She also felt it may not have to be concentrated in one area since township growth is sure to occur in all areas of the township.  She suggested we should consider regional zoning to spread out the growth and limit development in our township.

Peter Thomson questioned Mr. Spotts on the method used to calculate the proposed RR District acreage and if any criteria was used in its projection, and what percentage of the township if any needs to be rural.  Mr. Spotts replied that it is based on doubling population projections and increasing the acreage to include natural resource areas and wetlands.  All of which is based on current zoning ordinances.

Resident Carl Martin questioned Mr. Spotts on exactly how much time and studies were spent on choosing the proposed RR District.  Mr. Spotts replied, the limited existence of larger undivided parcels in the township somewhat dictated the placement of the district.  Peter Thomson once again asked Mr. Spotts if this specific plan has to go into the Draft Plan at this time.  Mr. Spotts reiterated the purpose of the Plan was to direct the future of the township and all possibilities should be considered.  Ken Klein reinforced the need to look at all possibilities when updating the Plan.  The Vice Chairman commented it is the responsibility of the Commission to review all possibilities and to act on behalf of the wishes of the residents.  He noted a survey was sent out to all residents in the past and that the proposed “Land Use Map” does not take away any development rights of the land owners.  Don Ratushny and Ken Klein stressed the fact that development was still allowed in all non-karst areas of the township.

Chairman Jim Pavlica felt that additional discussion should take place due to this major change (Land Use Map) and once again questioned the need to include it in the Draft Plan.  He felt time may not allow adequate review if an extension (3 Month) is not granted.  Ken Klein suggested waiting until the next (Planning Commission) meeting to see if an extension is granted and then decide if adequate review time exists.  Supervisor Bartley E. Millett, present in the audience, reminded everyone that the proposed map is just a plan and would not affect any zoning until approved independently by the Board of Supervisors.

The Commission discussed the possibility of incorporating the Keeley property into the designated RR District. Limited access to the property could be a major problem.  Other properties in the general vicinity of the above property were also discussed with the problem of access from Sunday Road a continuing concern.  Several other parcels not located in the karst region were also discussed.  Resident Mrs. Oleksa commented after hearing all of tonight’s discussion, the proposed new RR District (Hager farm) may be the best choice.

In additional Comprehensive Plan comments, Chairman Jim Pavlica questioned George Spotts regarding the inclusion of River Road, Route 32, in the Plan.  It is not located in our township and should read Route 611.  Also, the Chairman felt that verbiage should be added to “encourage community participation in programs to preserve agricultural land”.  Mr. Spotts agreed and will add to Plan.  A “TDR” bullet should also be added.  Several other “typos” were also identified and will be corrected.  The Vice Chairman suggested including Cooks Creek tributaries in the EAC recommendations that will be included in the Plan.  Resident Carl Martin suggested the inclusion of a “Water Quality” statement.  This would include “reforestation” verbiage (native trees) in all development plans.  Mr. Martin will provide proper verbiage to Mr. Spotts.  A motion was made by Ken Klein and seconded by Don Ratushny to include the above suggestions in the Plan, all agreed.

After discussion by the Commission, it was agreed to table a vote until additional consideration could be given to the recent proposal (Land Use Map).  Additional comments could be solicited from township residents.  Tomorrow nights meeting will be cancelled and the discussion resumed on April 18, 2006 at 7:00 PM.

Open Burning Discussion:  (Tabled until next meeting)

Comments / Questions from the Floor:  None

A motion to Adjourn was made by Gerald Ulmer and seconded by George Helwig, all were in favor.  Meeting adjourned at @10:01PM.

(Next Planning Commission Meeting to be held on Tuesday, April 18, 2006 at 7:00 PM…)

Minutes Submitted By:  Joseph M. Kulick, Recording Secretary