MINUTES of MEETING
Durham Township Planning Commission
Tuesday June 06, 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 (Joined Mtg. In-Progress)
Meeting called to order by Chairman James Pavlica at 7:36 PM. All in attendance stood and recited the Pledge of Allegiance to the American Flag.
Approval of Minutes from 05-02-06 Meeting:
Vice Chair Don Ratushny made a motion to accept the Minutes as presented; Ken Klein seconded the motion and all agreed. Minutes Approved.
Old Business:
Knuth Revised Major Subdivision/Lot Line Change
Dan Hendricks, PLS and Howard Knuth were present. Township Engineers review letter of June 03, 2006 was reviewed item by item: 1. Waiver requested for man made features. Aerial map provided for review. Don Ratushny requested clarification on access to lot. Provided by Dan Hendricks. 2. Planning Module has been filed. 3. Erosion Control Permit will be acquired upon approval. 4. Legal descriptions for Lehnenberg Road right-of-way have been submitted to township. 5. Waiver requested for Rodges Run watercourse easement. 6. PennDot driveway occupancy permits received by township. Don Ratushny questioned the appearance of the driveway & easement to Friedermann property. Dan Hendricks apologized for his omission on prior maps. 7. Waiver requested for street improvements. 8. Waiver requested for installation of street lights, however a lamp post will be installed at end of driveway from parking lot. 9. Concrete monuments have been installed with three exceptions where iron pins were installed due to inability to dig due to rocks, Etc. 10. Driveway easement for Friedermann driveway received by township. 11. A development/financial security agreement will be executed upon approval of the submission. All of the “General Comments” will or have been addressed.
The Commission acted on the requested waivers:
A motion was made by Don Ratushny and seconded by Pete Thomson to recommend to the Board of Supervisors to waive the requirement on the plan for all man made features within 500’; street improvements; and installation of street lights (No. 1-7-8 on Mease letter of June 03, 2006). All Agreed and the motion passed.
A motion was made by Don Ratushny and seconded by George Helwig to suggest the Board of Supervisors to accept the installation of three (3) steel pins in lieu of concrete monuments at S/E corner of Friedermann property; most northerly corner of Lot 1; and at entrance to Lodge, also, to waive requirement for watercourse easement for Rodges Run (Items No. 5&9). All Agreed and the motion passed.
Finally, a motion was made by Ken Klein and seconded by Pete Thomson to recommend to the Board of Supervisors the approval of the Preliminary Plan subject to conditions stated on Mease letter of June 03, 2006. All Agreed and the motion passed.
Open Burning Discussion:
Tabled until later (Peter Bent not present)
New Business:
Wendie Johnson Preliminary Residential Land Development Review:
Attorney Edward Wilde 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. Chairman Jim Pavlica questioned the existence of a deed restriction prohibiting any further development on what was formerly the Nathan subdivision. Attorney Wild stated that a deed of extinguishment has been recorded at the Bucks County Recorder of Deeds office removing that restriction. The present owner of the Nathan property, Stone, has signed off on the restriction.
Attorney Wild reviewed the Scott Mease letter dated June 02, 2006 item by item. Pete Thomson questioned Attorney Wild regarding Item #1 where our township ordinance prohibits more than one (1) dwelling per lot. Attorney Wild felt the ordinance did not apply if dimensional requirements are met. Zoning Officer Peter Bent took exception to that statement and reminded the Commission of the requirement for only one B-1 single family dwelling unit per lot. He (Bent) also advised of an exception, via the zoning hearing board, to allow the construction of an in-law suite detached dwelling. Attorney Wild once again reiterated his feeling that the Johnson Development Plan was well within the townships requirements and should be granted. Additional follow-up with Solicitor Peter Harrison required for Item #1. Other Zoning Ordinance Items 2-3-4 will be complied with.
With reference to the SALDO items; Item #1 regarding Notification of Adjacent Neighbors, Attorney Wild noted our SALDO does not contain Section 406; Ordinance No. 1987-2 requiring notification. Notification was however sent upon receipt of the Mease Review Letter. Neighbors present at the review were Dan Doak & David von Bing who in fact received the notice. Waivers are requested for SALDO items # 2-4-8-10; all other items on the review letter will be complied with per Attorney Wild. Chairman Jim Pavlica requested an aerial photo of the plan area and Attorney Wild agreed. Under the General Comments Section, Attorney Wild will comply with all items. With that, Attorney Wild noted they will return with a “much cleaner” plan (incorporating Engineers Review Letter Items) and opened the floor for any questions from the Commission.
Vice Chair Don Ratushny questioned Wendie Johnson regarding the amount of horses on the property? The “Well Head Protection Area” would be extended to 200’ when it involves livestock. It is not included on the current plan. Wendie Johnson stated that currently three (3) horses are boarding on her property. Don Ratushny read Minutes from a previous Johnson Review (October 04, 2005) where she (Wendie Johnson) stated three (3) boarding and three (3) personal horses on the property. Scott Mease will obtain additional information.
Scott Mease advised Attorney Wild to contact Township Solicitor Peter Harrison to attempt to resolve the legal issues involved with this Plan before going any further. Attorney Wild once again noted he felt the Plan was totally compliant and was going forward with it and any contact should perhaps be instituted by Mr. Harrison.
Resident Dan Doak commented to the Commission on his concern regarding an inadequate volume of electricity in the immediate area of the proposed new residence. Mr. Doak lives within 200’ of the proposed dwelling and stated the present electricity in the area fails to meet his current demands not to mention a newly constructed dwelling.
There were no further comments or questions.
Szakacs Minor Subdivision/Lot Line Change Review:
Dennis Litzenberger, PLS and resident Linda Szakacs and were present to discuss dividing her present lot into a second building lot located at Cross Road & Lehnenberg Road. Mr. Litzenberger agreed to all items listed on Township Engineers Scott Mease Review Letter of June 01, 2006. He also requested additional input on Item #5 under Section D “Subdivision Ordinance”; where no further subdivision may take place for ten (10) years after the date of the subdivision approval creating the lot. He requested the Planning Commissions opinion on recommending granting a waiver for this to the Board of Supervisors prior to any additional engineering fees and plans. Scott Mease explained the ordinance as a “stand alone” ordinance and not a “zoning ordinance” to possibly prevent the constant subdividing of property without the required zoning requirements and fees associated with a major subdivision.
Don Ratushny requested Scott Mease’s clarification on Item C – 1 regarding maximum site capacity for only two (2) dwellings on the previous subdivision. Scott Mease explained with the adoption of Ordinance 2003-2 the lot capacity is increased possibly allowing the proposed subdivision.
The Chairman advised the applicants that the Commission cannot officially rule in favor of the waiver request until a preliminary plan is submitted and reviewed. Mr. Litzenberger understood and was only attempting to gain an understanding of the townships position. The general consensus of the Commission was they should proceed with the next step, submitting a preliminary plan.
Open Burning Discussion: (Tabled from earlier)
Zoning Officer Peter Bent reviewed previous discussions and noted the Board of Supervisors will probably lift the Emergency Open Burning Ban now in effect; at the recommendation of the Fire Chief, Todd Myers. Conditions are no longer dry enough to warrant an emergency ban. He (Bent) also reminded the Commission of other DEP restrictions still in affect limiting open burning in Bucks County. The Zoning Officer requested the Commission to review the sample ordinance previously provided and discuss at the next meeting.
A motion was made by Vice Chair Don Ratushny, to recommend to the Board of Supervisors, to maintain the temporary total open burning ban for residential properties only, until a permanent ordinance is enacted, seconded by Ken Klein. A discussion took place and Cindy Skoriak commented we should not suggest an ordinance before actual ordinance items are discussed step-by-step. Pete Thomson agreed and noted the present ban was due to prior dry conditions that no longer exist, thus we cannot impose a restriction on something that no longer exists. A vote on the seconded motion was then conducted: Jim Pavlica…No; Don Ratushny…Yes; George Helwig…Abstained; Pete Thomson…No; Ken Klein…No; Cindy Skoriak…No. Motion defeated 4 No’s…1 Yes…1 Abstain.
Don Ratushny then made another motion to recommend a total ban, including farmers, until an ordinance is in place. No second was made on the motion. Motion is dead. The Chairman requested the issue to be placed first on the Agenda for the next meeting on July 05, 2006.
Comments / Questions from the Floor: None
A motion to Adjourn was made by Ken Klein, and seconded by Don Ratushny, all were in favor. Meeting adjourned at @9:40 PM.
Minutes Submitted By: Joseph M. Kulick, Recording Secretary