MINUTES of MEETING

Durham Township Planning Commission

Tuesday May 02, 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 Engineer Scott Mease, and Zoning Officer Peter Bent

Meeting called to order by Chairman James Pavlica at 7:32 PM.  All in attendance stood and recited the Pledge of Allegiance to the American Flag.

Approval of Minutes from 04-18-06 Meeting:

Vice Chair Don Ratushny requested the addition of the verbiage, trash pick-up is provided by an outside contractor to page 2; 1^st sentence.  Gerald Ulmer made a motion to approve the above Minutes as corrected, Ken Klein seconded the motion and all agreed.

Old Business:

Pavlica Sketch Plan #2 & 3 Review:

Chairman Jim Pavlica removed himself from the Chair, taking a seat in the audience, and turned the meeting over to Vice Chair Don Ratushny.

John Kennedy of John H. Kennedy & Associates, LLC presented the Commission with two (2) additional rough sketch plans of the proposed Pavlica farm major subdivision.  Mr. Neil Shaw of Danny Jake Inc. (developer) was also present.  Mr. Kennedy briefly reviewed sketch plan #1, previously presented.  He then presented sketch plan #2 containing a “loop road” and realignment of the Mine Hill intersection.  He noted the extra amount of road on this sketch.  He then presented sketch plan #3, similar to #1, containing shortened cul-de-sacs, less public roadway, but containing several “lane lots”.  All sketch plans contained a “stub road” into the Hager property.  He preferred the original sketch plan (#1) concept, with the intersection realignment.  He noted the reception of the Township Engineers’ Review Letter and agreed to comply with all of the comments.  He (Kennedy) requested the Commissions input, on a proposed Board of Supervisors request for a waiver, for the excessive end to end distance (@ 2150’) of Road “B” cul-de-sac length.

Vice Chair Don Ratushny commented, when he suggested a “loop road”  at a previous meeting, he was referring to a horseshoe type road, containing two (2) entrances from Mine Hill Road.  Mr. Kennedy apologized for the misunderstanding and noted the width of the property, along with steep slopes, prevented such a configuration.  He also felt such a configuration, if possible, would detract from the appearance and value of the properties.  Don Ratushny noted he was only concerned with the health & safety of the future residents.  Mr. Kennedy stated that is the purpose of including the “stub road” into the Hager property.  This road could be created as a graded easement / right-of-way and remain grass covered until needed. 

The Vice Chair polled the Commission members for any questions/comments.  Pete Thomson requested clarification on roadway easements and buffers.  Scott Mease responded, stating it is a dimension on the plan requiring the planting of trees to create a shield from the roadway, beyond the roadway right-of-way.  Cindy Skoriak commented she is opposed to installing the “stub road” to the Hager property.  Ken Klein was opposed to the incorporation of “lane lots” on any future plans.  Vice Chair Don Ratushny once again commented on emergency access with only one entrance to the development.  Pete Thomson questioned Scott Mease’s suggestion to install a planted island in the middle of the turnaround at the end of the cul-de-sac.  Don Ratushny questioned Scott Mease if a wider roadway would be required due to the length of the cul-de-sac to allow for fire trucks, etc.  Scott Mease responded a standard roadway requirement is for a twenty (20’) wide paved area with a two (2’) foot shoulder.  He (Mease) felt that a wider shoulder could be provided for pedestrian traffic, etc.  Don Ratushny suggested that the fire chief may want to review the plan prior to any approval, since at a prior comprehensive plan meeting the fire chief expressed access concerns for this area of the township.  Mr. Ratushny suggested the developer consider the installation of a fire substation on the property.  Ken Klein and Pete Thomson agreed with the suggestion.  George Helwig agreed with all of the above comments especially Cindy Skoriak and also felt only a grass right-of-way/easement should be considered in lieu of the stub road to the Hager property. 

Resident Neil Skoriak agreed on the easement idea in lieu of the stub road and commented; Mine Hill Road might have to be improved to handle the heavy equipment which could destroy the rural character of the township.  He felt the addition of 22 homes would have a profound affect on the area.  The Vice Chair, responding to Mr. Skoriak comments, stated all of his concerns would be addressed as the plan progressed through the various stages.  Zoning Officer Peter Bent suggested a “Road Improvement Fee” to be paid by the developer, per each housing unit.  Currently Nockamixon Township assesses a $3000.00 fee per lot for any improvements in the township.  The Vice Chair agreed with Mr. Bent and felt that several critical areas of Mine Hill Road will have to be addressed.

Resident Mike Negri had a question on the existing width of Mine Hill Road and was concerned if the road is widened would he lose a portion of his property.  Peter Bent explained existing easements and ultimate road right-of-ways of 16.5 feet.  Mr. Kennedy noted only the roadway bordering the area being developed would be widened.  George Helwig questioned the developer if adequate space for the school bus to park would be provided at the intersection of the proposed roadways with Mine Hill Road.  Mr. Kennedy replied that the intersections would conform to all required standards.  There were no further comments or questions.

Neil Shaw requested a motion by the Commission to support a waiver to the Board of Supervisors on the length of road “B”.  Scott Mease added they may also need a waiver for excessive (@1600’) “block length” and for any “flag lots”. 

A motion was made by Ken Klein, to recommend approval to the Board of Supervisors for a waiver to be granted for the extended cul-de-sac (Road “B”) to service the last lot (shorten Road “B”), provided sketch plan #1 be amended to connect Roadway “A” & “B” at intersection with Mine Hill Road, and to provide a graded grass easement in lieu of paved surface to Hager property line and Reed property line.  Motion was seconded by Pete Thomson and agreed to by all Members.  Motion passed.

Comprehensive Plan Update: 

Jim Pavlica returned as Chair of the meeting.

Mr. George Spotts, our Plan Consultant, recapped the Commissions progress on the Plan to date.  He presented an updated Proposed Land Use Map and the draft verbiage as submitted.  If the Commission agreed to the drafts, the Plan could be reviewed, approved, and passed onto the Board of Supervisors. 

Ken Klein suggested corrected wording (as previously submitted) for Carl Martin’s Forestation proposal, this since Mr. Martin was not present at the meeting. Mr. Klein suggested we reinstate the wording requiring developers to plant native trees in lieu of scrub trees.  Resident Lois Oleksa requested if she could stand-in for Mr. Martin and his request.  She felt we need to dictate exact specifications to developers to plant specific native trees.  Don Ratushny suggested incorporating only the three (3) strategies, as presented by Carl Martin, in the Plan.  George Spotts agreed but suggested labeling them as “Policies” not strategies. 

A discussion on the Proposed Land Use Map was conducted.  The number of possible available units in the Rural Residential (RR) District was reviewed.  Vice Chair Don Ratushny felt the number of possible dwelling units (570) available, as described in the latest Plan draft dated 05-02-06, was excessive.  George Spotts explained the calculation is the total number of units, not counting the presence of the limestone/karst geology region, and would be drastically reduced when deducting these and other restrictions.  Don Ratushny did not feel that known karst areas should be included in the calculations.  The Commission advised Mr. Spotts to clarify the calculations on the next draft.

Resident Lois Oleksa suggested the incorporation of only one parcel as the RR District.  George Spotts did not think it is good planning policy due to possible land preservation, population growth, or other variable factors.  Ken Klein suggested reducing the present RR District to only two or three parcels, cutting the district in half.  A lengthy general open discussion of the RR District size & location took place. Jim Pavlica felt the present location & size should be left as is, since boring would be required before development.  Zoning Officer Peter Bent commented on the lengthy process involved in changing zoning districts.  He went on to counsel the Commission to proceed with caution when changing the name of the present Resource Protection (RP) District, as resource protection is a critical factor in this zoning district.

The Vice Chairman reminded the Commission of their responsibility to the citizens of Durham Township to justify the expense involved, and update the Plan, not to just leave it the way it is. He felt the karst areas should not be included in the RR District.  Township Supervisor, Bartley Millett, present in the audience, proposed including the area of and around the Koplin & (Mignatti) parcels in the RR District.  He felt these areas should be very defensible as a high density zoning area.  He also suggested removing the Marschewski property from the RR District since it is already preserved and labeling all other preserved properties in the township as a dark green color on the map.  Resource Protection (RP) would be changed to Resource/Agricultural Preservation (RAP).

At the request of the Chairman, Joe Kulick read aloud the motion passed at the April 18, 2006 special meeting approving the Future Land Use Map as amended.  Ken Klein then made a motion to rescind that motion, Don Ratushny seconded the motion, and all Members agreed.  Motion rescinded. Ken Klein then made a motion to amend the existing RR District to the area as previously described and marked on the map, and to change the existing RP District to RAP District, and to identify all preserved parcels as dark green on the map (not a zoning district).  Vice Chair Don Ratushny seconded the motion.  A vote was taken; six (6) members in favor, one (1) opposed, and motion passed with Cindy Skoriak voting against.

A motion was made by Don Ratushny to include the Carl Martin Forestation verbiage, as earlier amended, in the Plan, seconded by Cindy Skoriak, and agreed to by all Members.  Motion passed.

Todd Stone, President of Gallows Run Watershed Association, provided a short briefing on the Gallows Run Watershed Restoration and Protection Plan.  He requested the Commission to include a reference to the document in our Comprehensive Plan.  Ken Klein made a motion to include the reference in our Plan, seconded by Pete Thomson, and agreed to by all Members.  Motion passed.

The Chairman polled the Commission for any further questions and/or comments on the Draft Plan, there were none.  A motion was made by the Vice Chair, Don Ratushny, to approve the Draft Comprehensive Plan, as amended tonight, and pass onto the Board of Supervisors for review.  The motion was seconded by Gerald Ulmer, and agreed to by all Members.  Motion passed.  Planning Commission Draft Comprehensive Plan review completed.

Open Burning Discussion:

The Chairman briefly reviewed a proposed draft open burning ordinance compiled by Township Secretary Joe Kulick.  Zoning Officer Peter Bent requested the tabling of discussion until further review is conducted.  The Chairman agreed and a motion to table the item was made by the Vice Chair, seconded by George Helwig, and agreed to by all Members.  Item Tabled until next meeting.

New Business:

Rohs Major Subdivision Review:

Chris Martincic, representing All County and Associates, and Mr. Stephen Rohs, land owner, were in attendance to present a four (4) lot major subdivision sketch plan to the Commission.  Presently Mr. Rohs owns two (2) parcels containing @70 acres, located in the vicinity of Kintner & Fire Line Roads in the township.  He is proposing the division of the parcels into four (4) parcels, two (2) of which (#2 & #3) would be sold as approved building lots.  Mr. Rohs would retain ownership of the remaining two (2) parcels.  Parcel No.4 (largest) may be preserved at a later date.  Lot #1 contains several cabins that would be removed before any proposed construction of a single family dwelling would take place. No development is planned for lots No. 1 & 4 on the plan. 

Vice Chair Don Ratushny questioned Mr. Rohs if any applications have been made to preserve Lot #4?  Mr. Rohs replied he was in the process of applying.  Since a minimum of fifty (50) acres is required for preservation, a lot line adjustment may be required.

The Vice Chair commented the road (Kintner) would have to be widened to accommodate school bus and emergency vehicle access.  Chris Martincic felt the subdivision was of minimal impact and any road improvements would be cost prohibitive.  Township Engineer Scott Mease referred to his review letter and the limited site distances and minimal shoulder with heavy tree overhang noted.  Chris Martincic stated he did not have a problem with improving sight distances and removing some trees, but would not agree to any repaving or widening of the roadway.  Mr. Rohs agreed to the tree removal along his property.  It was agreed to have the Township Road Master evaluate the situation and provide his input to the Commission.  A general discussion on the overall condition of township roads, and the need to have developers improve them, was conducted.  Zoning Officer Peter bent stressed the need to develop a road improvement fee per newly developed parcel.  Ken Klein and Don Ratushny agreed.

Chris Martincic noted he will be returning in the future with a reworked Preliminary Plan containing more detail.  The Commission requested additional details on the preservation effort when they return.  Chris Martincic requested a waiver on storm water & grading permit.  Scott Mease requested they supply the information at time of the subdivision.   Also, he (Mease) requested a note on the plan for lot #1 noting existing buildings to be removed prior to any future development.  There was no further discussion.

Comments / Questions from the Floor:  None

A motion to Adjourn was made by George Helwig and seconded by Ken Klein, all were in favor.  Meeting adjourned at @11:05 PM.

Minutes Submitted By:  Joseph M. Kulick, Recording Secretary