MINUTES of SPECIAL MEETING
Durham Township Planning Commission
Tuesday April 18, 2006
Township Building Meeting Room
Attendees: James Pavlica, Don Ratushny, Cindy Skoriak,
Peter Thomson, Ken Klein, George Helwig, and Gerald Ulmer
Quorum: Yes
Secretary: Joseph M. Kulick
Absent: NONE
Also present were Township Solicitor Peter Harrison, Township Engineer Scott Mease, and Zoning Officer Peter Bent
Meeting called to order by Chairman James Pavlica at 7:14 PM. All in attendance stood and recited the Pledge of Allegiance to the American Flag.
Approval of Minutes from 04-04-06 Meeting:
Vice Chairman Don Ratushny made a motion to approve the above Minutes as presented, George Helwig seconded the motion and all agreed. (Members Ken Klein and Gerald Ulmer arrived later to meeting)
New Business: (None Presented)
Old Business:
Open Burning Discussion:
Zoning Officer Peter Bent recapped discussions from past meetings noting the PA DEP Guidelines and Model Ordinance. Mr. Bent noted that both Fire Chiefs (Riegelsville & Ottsville) have provided documentation recommending a complete ban on all open burning.
Riegelsville Fire Chief Todd Myers (present at meeting) spoke to the Commission noting open burning has been a privilege for the area for quite a while. He felt the content of the items being burnt has changed over the years now containing several environmentally toxic items such as plastics and chemicals. The Riegelsville fire department has responded to eighteen (18) brush fires during the month of March encompassing 75 acres of land. In a typical year the department may respond to 5 or 6 brush fires. He recommended a total ban on all open burning and noted the Riegelsville Borough Council is also considering a total ban. The very dry period contributed to the higher fire rate. A discussion of the surrounding communities burning ordinances was discussed. He (Myers) felt the township should follow the DEP Model Ordinance, adding addendums as required. (Member Gerald Ulmer arrived at meeting 7:24 PM)
A resident questioned the difference between the smokes from a house interior chimney versus the smoke from outside burning, with regards to air quality standards. Chief Myers replied the DEP regulates air quality and his primary concern is the fire damage and loss of life factor. He reiterated the need to control open burning and a complete ban is preferred; but permits could be issued for “control burns” of farm waste and other necessary burning.
Another resident questioned where would the smaller parcels (non farmers) dispose of their yard waste such as leaves and small branches. Chief Myers recommended a permit could include these parcels. Chairman Jim Pavlica felt the permit control method would be preferred over a total ban for our rural community. These permits would not include burning toxic materials as previously discussed. (Member Ken Klein arrived at 7:30 PM)
A resident suggested the township obtain grants to establish a yard refuse recycling program. This would eliminate the need to burn these items. Supervisor Manfred Marschewski, present in the audience, commented the township has a household trash curbside pickup (provided by an outside contractor) and burning yard waste allows the ashes to be recycled back into the earth. He also noted an outlet must be provided to the residents to dispose of yard waste. The Chairman requested Chief Myers to define “open burning”. Chief Myers replied, anything (burning) outside the house. The Vice Chairman noted the township has an active recycling program for newspapers, glass, and plastic items eliminating the need to burn these items. Joe Kulick noted the township receives a yearly grant to assist the recycling effort.
Chief Myers suggested composing a “model ordinance” with Joe Kulick and Peter Bent and presenting it for consideration to the township. Vice Chairman Don Ratushny requested that we address all types of outside burning to include outside fireplaces (chiminea).
Since there were no further questions and/or comments; the Commission thanked Chief Myers for attending the meeting.
Comprehensive Plan Update:
Chairman Jim Pavlica recapped the prior meetings (April 04, 2006) events on the discussion of the Draft Comprehensive Plan noting the unveiling of a proposed “Land Use Map.” He posed a question to the Township Solicitor, Peter Harrison, on how many units are required to accommodate the Rural Residential (RR) Zoning District. The Solicitor replied; “there is no magic formula” and we are required to supply a fair and reasonable amount (of area) to meet the present demand. He also noted the present RR District includes a limestone region, where some development may be possible in non-karst areas, and could be reviewed via a Zoning Hearing Board. Any amount of designated area could be challenged and if the area is used-up we do not have to provide additional space. In response to the Solicitors reply the Chairman questioned the need to relocate the present RR District. George Spotts, Castle Valley Consultants, our Plan Consultant, estimated the present capacity of our existing RR District at 150/160 housing units.
Zoning Officer Peter Bent questioned George Spotts on the need to relocate the RR District, due to the fact that the first draft plan, dated November 1, 2005, where page 40 states the present RR District is large enough to accommodate the need until the year 2020. What changed since compiling that draft? Mr. Spotts replied; nothing, it was changed following discussion with members of the Planning Commission. He (Spotts) commented it would be “just large enough” using present growth projections from the Delaware Valley Regional Planning Commission of an additional 115 housing units from the year 2000 to 2020.
Resident Bud Propp, on a point-of-order, questioned Chairman Jim Pavlica if the Commission intended to take a vote on anything tonight. If so, he felt the Chairman should recuse himself from voting, due to the fact that he resides next to a subject property and could stand to gain from a particular vote. The Chairman replied; he would take it under consideration if he felt the need should arise.
Member Gerald Ulmer felt that property owners in the limestone area are being treated unfairly by limiting development of their parcels. He noted that several existing buildings in the zone have been there 200 years and have not experienced any problems with the ground (geology).
Resident Bud Propp felt the major problem of relocating the RR District to the Hager farm area was inadequate roadway access. He noted, in his opinion, somewhat adequate access on Mine Hill from State Route 212 but very limited access from the 611 / Lehnenberg Road area. He doubted the possibility of large emergency vehicles navigating this area. He went on to suggest the use of the Millett Holdings, LLC (I & II) properties on both the north and south sides of Route 212, owned by Bartley E. Millett, as a proposed RR District. Supervisor Bartley E. Millett, present in the audience, corrected Mr. Propp as to the legal ownership of the properties, stating as a matter of record, he had no legal ownership in the parcels mentioned.
Chairman Jim Pavlica felt that the Commission should focus its attention on deciding if we really need to relocate the present RR District, before identifying an area to relocate it. Solicitor Peter Harrison explained to the Commission the process of challenging an existing zoning district. He commented that an applicant, in order to challenge, must prove use is excluded from township. If limestone/karst areas are not sufficient, we may have a problem, but at this point we cannot predict any outcome. The Chairman asked if we do not accommodate for this in the Comprehensive Plan can the Board of Supervisors change it (the RR District) later. Peter Harrison replied; yes, but the ordinance could be criticized if not consistent with the Comprehensive Plan. He (Harrison) felt as-long-as the change was within the same use; i.e. residential to residential, it should not be a problem. George Spotts also noted the Plan could also be updated at any time to incorporate any necessary changes. The Zoning Officer reminded the Commission, the Plan should be a “broad guideline.” He also felt that we should review the “Development District” which includes three (3) existing zoning areas; Village Center (VC), Resource Protection (RP), and the Planned Commercial-Industrial District (PC-1).
Vice Chairman Don Ratushny questioned Chairman Jim Pavlica if he was still in favor of farmland preservation and if so, why he has not discussed it this evening. The Chairman responded he is in favor but it has not been on the floor tonight to discuss it. Resident Mrs. Oleksa added, she thought it (farmland preservation) was the whole purpose of the revised Plan and the purpose of redefining land use. The Chairman did not feel leaving the RR District as-is would compromise farmland preservation. The Vice Chairman suggested placing the RR District in both areas (Koplin & Hager farms). The Chairman felt the suggestion was over-kill and perhaps not necessary. The Vice Chairman asked George Spotts to calculate the total number of housing units would be available if both areas were RR Districts. Mr. Spotts estimated 150 units in Koplins area (excluding the limestone areas) and the potential for another 320 units in the Hager area, for a total of 470 housing units. The Chairman reiterated the additional 320 units are not required and the existing 150 housing units are sufficient.
Resident Leon Koplin questioned the method employed to determine the limestone/karst region. Cooks Creek Watershed President, Scott Douglas, present in the audience, explained the process used by the Township EAC geologist, from Golderer Associates, to determine the immediate local limestone geology area. He conducted local surveys in just the Cooks Creek Watershed and compared them to maps in the 1977 Comprehensive Plan, updating the information that he collected. The results are on file in Harrisburg. Township Engineer Scott Mease added our township ordinances require any project located in this area to complete geographical surveys and to submit them along with their development plan. Scott Douglas noted that just because an area contains limestone geology, it may not contain a karst condition. The existence of one house may not produce a karst condition, but several homes on one parcel may due to increased wells and sewage systems. He also noted recent surveys, after the 2003-1 ordinance, have produced a more concise limestone/karst area boundary.
Supervisor Manfred Marschewski advised the Commission; in 1977 we established the present RR District in the area adjacent to Riegelsville due to the existing density in the town and the fact that public water was available in Riegelsville. Any development would require test boring for karst conditions before building.
Resident Bruce Krause asked the Commission for a definition of the proposed Agricultural Preservation Area. George Spotts commented; the definition of the area requirements would be a policy decision of the Commission and the Board of Supervisors if the new area is approved. It would be enacted via a Board of Supervisors Zoning Ordinance when and if they would decide to adopt it. Chairman Jim Pavlica stated land owners would not lose any development rights on their property and a portion of the property would remain as open space, while development of the same density would be permitted on the remaining portion. He felt that three (3) acre parcels were too large for individual houses and they could be clustered on the remaining buildable area of the parcel if other requirements were met. He suggested a 50% open space and a 50% development area per parcel.
Scott Mease commented the key is to write the ordinance properly. Peter Harrison added we do provide other alternatives to the current three (3) acre requirement, two (2) acre RR and one (1) acre VC, so I feel we are safe. Ken Klein asked if institution of an AP District is the answer in preserving open space. Resident Leon Koplin questioned the Commission if any decision had been made on where the RR District will be placed.
Chairman Jim Pavlica asked Peter Harrison if there is any reason not to take the entire existing RP District and designate it as AP District and leave other existing zoning districts as is. Peter Harrison felt it would be a possible viable solution but only if the Board of Supervisors would agree to such extensive cluster zoning. George Spotts agreed if the natural resource portion of the existing RP District were incorporated into the new AP area. This would protect both the agricultural soils and the extensive natural resources present in the area. Ken Klein stressed the urgency to formulate a plan to preserve open space in the township.
Resident Paul Perkins expressed concern over the impact of cluster zoning on the areas natural resources, such as increased wells and septic systems in a confined area. Resident Wallace Frank added, the first cluster of homes would be okay but later clusters could impact the existing water table. Scott Mease commented that required engineering studies would track such events.
Resident Leon Koplin requested the Commission to ask the Fire Chief where is preferred to fight fires, in the present RR District or the proposed Mine Hill area. The Fire Chief responded and preferred any dense development in the township to occur in the area adjacent to the borough (present RR District), this due to the immediate proximity of the fire station and easy access to the area. He noted those seconds do save lives.
Also, public water would most likely be available to fight a fire.
The Chairman once again asked if relocating the present RR District is necessary. He felt we should leave it as it stands. Ken Klein agreed and suggested the conversion of the existing entire RP District into a viable AP District. He also suggested reducing the existing RR District to only the non-limestone areas. Both Jim Pavlica and George Spotts disagreed with this idea with George Spotts commenting we should leave the larger area intact in order to comply with required zoning. Zoning Officer Peter Bent suggested the incorporation of the agricultural land protection (AP) option on Page 38, Para 4 of the Draft Comprehensive Plan. Ken Klein suggested updating the proposed maps and the formation of a complete proposal before voting on the Plan. Pete Thomson questioned the status of existing developments under the proposed AP designation. Jim Pavlica responded stating they would be covered under pre-existing zoning.
The Chairman requested a motion to leave the existing RR District in tact and to change the existing RP into the AP District. Peter Thomson made the motion to retain the existing Rural Residential (RR) District, Village Center (VC) and Planned Commercial-Industrial District (PC-1) and to change the existing Resource Protection (RP) District into the new Agricultural Protection (AP) District. The motion was seconded by Don Ratushny and agreed to by all Members. The newly presented Land Use Map was approved as amended.
EAC Vice Chairman, Carl Martin, presented George Spotts with a draft EAC Forestation Plan to be reviewed by Commission members for inclusion in the Draft Plan. The Chairman reviewed the remaining timetable with Secretary Joe Kulick. A request for a three (3) month extension was received by the County. They will review the request at their June Board Meeting. The Chairman felt that a final vote should be postponed until the next regular Planning Commission Meeting to be held on Tuesday May 02, 2006 and then possibly passed onto the Board of Supervisors for their May 09, 2006 meeting.
Comments / Questions from the Floor: None
A motion to Adjourn was made by Gerald Ulmer and seconded by Ken Klein, all were in favor. Meeting adjourned at @9:40PM.
(Next Planning Commission Meeting to be held on Tuesday, May 02, 2006 at 7:30 PM…)
Minutes Submitted By: Joseph M. Kulick, Recording Secretary