MINUTES of MEETING
Durham Township Planning Commission
Tuesday, September 04, 2007
Township Building Meeting Room
Attendees: Don Ratushny, Ken Klein, Pete Thomson, George Helwig and Cindy Skoriak
Quorum: Yes
Secretary: Joseph M. Kulick
Absent: Jim Pavlica
Township Zoning Officer Peter Bent and Township Engineer Scott Mease were also present.
Meeting called to order by Chairman Don Ratushny at 7:39 PM. All in attendance stood and recited the Pledge of Allegiance to the American Flag.
New Member: The Chairman introduced Tom Harbin who was appointed by the Board of Supervisors to fill the unexpired term of Gerald Ulmer (12-31-2010) on the Planning Commission.
Approval of Minutes from 08-07-2007 Meeting:
Ken Klein made a motion to accept the Minutes as presented; Pete Thomson seconded the motion and all agreed. Minutes Approved as presented. George Helwig & Tom Harbin abstained since they were not present at the August meeting.
New Business:
Katz Lehnenberg Road 12 Lot Major Subdivision – Sketch Plan #1 Review
Steven Katz, a principal of Katz Builders & Developers of Warrington, PA, presented an overview on their proposed 12 lot subdivision of the former 56.71 acre Marshall Property located on Lehnenberg Rd in our township. He introduced his team on this project; Richard A. Stoneback of Shoemaker Engineers; Micah W. Mutschler, RLA of McCloskey & Faber, P.C. Landscape Architect; and Jill C. Enz of Applied Ecological Services, Inc. addressing ecological concerns on the project.
Mr. Katz provided an in-depth PowerPoint presentation on the proposed project titled “Marshall Estates”. Slides included: Design & Development Team; Location Map; Aerial Map; and Existing Structures. Jill Enz presented slides on “Best Management Practices” for the site including; Stormwater Management; Existing Vegetation; Wetlands; and other existing conditions. She noted the possible use of “Rain Gardens”, “Bio-Swales”, “Meadow Buffers”, and “Naturalized Detention Ponds” to control stormwater on the site. Steven Katz explained the reasoning for such an in-depth stormwater management plan noting not all sites qualify for this creative approach. The soils on this site qualify for these “infiltration” methods in lieu of storm drains and piping normally employed.
Micah Mutschler the project manager for landscape design reviewed the existing site and proposed concepts. He noted the steep slopes and existing tree lines. He reviewed a “P-Road” concept plan and the submitted sketch plan with the long cul-de-sac. He noted the required 80% of forest preservation on the plan actually contains 89%. The required 85% of steep slope preservation is actually 98.6%; the mid-range steep slope requirement of 70% is actually 85% preserved; the lowest range requirement of 60% is actually 70% preserved on the submitted sketch plan.
Steven Katz explained the benefits of the long cul-de-sac approach over other scenarios. He (Katz) felt it provided a better ecological approach, creating less impervious surfaces, and fewer modifications to the site for the supplied number of lots. Mr. Katz requested the planning commissions’ direction on the submitted sketch plan noting the creative stormwater management approach as a plus. He noted his desire to work with the township and surrounding neighbors, while still building the houses for a profit and maintaining sensitive ecological areas. Chairman Don Ratushny asked Mr. Katz if they would submit further sketch plans or go directly to a preliminary plan. Mr. Katz responded whatever the township desires we will work with you to develop the property appropriately. However, he (Katz) felt the submitted sketch plan contained the requirements necessary to develop the site and still be sensitive to the townships comments.
The Chairman requested the commission to review the Engineers Letter of August 29, 2007. The Chairman asked Mr. Katz if adjoining property owners had been notified as required by our SALDO regulations. Mr. Katz replied no, but would do so prior to the next meeting.
Review Letter Item C: Zoning Ordinance:
1. Lot Calculations in General: (Will Comply)
2. Lot Width 6-8-11 & Front Yard Setback 6-8: (Will be on Preliminary Plan)
3. Buffer Yard Width: (on Preliminary Plan)
4. Interior Lot 5: (no comment)
5. Minimum Lot Width 2: (no comment)
Review Letter Item D: SALDO:
1. Notify Adjacent Property Owners: (Will Comply)
2. Impervious Surface Ratios: (on Preliminary Plan)
3. Man-made Features Within 500’: (on Preliminary Plan)
4. Maximum Block Length over 1600’ & Cul-de-sac over 1800’: (“P” Road & “U” Road considered but slopes too steep? Would create excessive impervious surface & stormwater problems. (??)
5. Double Frontage Lots 1-2-9-10 Deed Restricted: (Will Comply)
6. Utility Location & Easement: (All utilities will be underground & follow roadway. Will Comply)
7. Over-length Cul-de-sac: (Waiver Request? Will comply w/other items in exchange for granting waiver? If no waiver is granted at sketch plan level we may have to redesign? Will be discussed further, after neighbor notification, at next meeting.) Pete Thomson questioned how school bus pick-up would be handled along with emergency vehicle ingress & egress with only one access? Steven Katz responded possibly a shelter would be incorporated at entrance or other road configurations considered. More detail by developer to be supplied at next meeting to justify submitted plan. Variance for steep slope exceptions if plan is revised?
8. Curbs & Sidewalks: (Some curbing may be required for stormwater control) Chairman Don Ratushny noted that water runoff is a very important consideration due to our high value streams and creeks in the immediate area. Steven Katz agreed and noted that is the reason for their infiltration system approach.
9. Lehnenberg Road Right-of-Way & Improvements: (no comments)
Review Letter Item E: Additional Comments:
1. Preliminary Plan Requires Stormwater Management Plan: (Will Comply)
2. PennDOT Permit for Lehnenberg Road Encroachment: (Will Comply)
3. Show Existing Sewage System on Lot 10: (New systems for both buildings would be installed)
4. 4-5-6-7-8-9-10-11-12 (Read by Scott Mease...No comments by developer)
The Chairman polled the commission members for questions. Tom Harbin questioned the length of the cul-de-sac; George Helwig wanted to wait to see what they (Katz) come up with at the next meeting; Cindy Skoriak (none); Ken Klein (none); Pete Thomson (none). The Chairman then opened the floor for questions:
Township resident and property neighbor Jane Cox commented that it was her understanding that the property had been placed into “agricultural conservation” by a previous owner. Steven Katz responded that a title search prior to acquiring the property did not indicate any conservation restrictions and/or easements in that regard. Ms. Cox will follow-up with relatives of the previous owner.
Resident and abutting property owner Irvin Gersner asked Mr. Katz if they considered employing a “stub road” to his property line. Mr. Katz replied no “stub roads” have been considered but might be considered if planning commission requested them.
Resident Lois Oleksa questioned the connection between Applied Ecological Services, Inc. (the developers’ environmental consultant) and Katz. Steven Katz responded they were hired as a consultant for this project and otherwise are not affiliated with the developer. Ms. Oleksa also praised their ecological approach to the project.
Resident and neighbor John Tatu questioned the sharp bend of Lehnenberg Road and line of sight requirements by PennDOT.
Resident and neighbor Beth Huggett was concerned about runoff affecting her well and flooding her field across the street from site.
Resident Dave Oleksa approved of the “rain garden” concept but questioned who would provide the upkeep of these devices. Jill Enz responded noting that the individual homeowners would be responsible to request their installation and to provide the upkeep. Steven Katz added that most home owners do not want their installation due to the amount of upkeep required.
Commission member George Helwig questioned how roof rainwater would be handled. Richard Stoneback responded noting a type of infiltration system would be employed. The PA DEP “Best Management Practices Manual” would be employed in designing such systems.
There were no further comments and/or questions.
Ferguson Lot Line Change – Sketch Plan Review:
Surveyor Dan Hendricks, PLS representing Fawn and Stephen Ferguson, who were also present, explained the plan. Stephen & Fawn Ferguson own 77.727 acres of land fronting on Kintner Road in both Durham & Nockamixon Townships. The Ferguson’s also own a second adjacent 38+ acre vacant parcel fronting on Sunday Road. The sketch plan purposes to convey 12.61 acres of land from the vacant parcel to the 77 acre parcel. The owners propose to sell the smaller lot on Sunday Road. With the lot line change a wooded tree line area would be added to the retained larger property.
Township Engineer Scott Mease commented that the larger lot would not require natural resources calculations only for the lot to be sold. Chairman Don Ratushny asked if the smaller lot to be sold could be deed restricted to any further subdivision/development. Dan Hendricks and the owners agreed. The Chairman also suggested placing the larger (90.337 acres) retained lot into agricultural preservation. The owners stated for the right price they would preserve it. Only one house would be built on the smaller (25.511 acres) lot.
Scott Mease suggested the applicant return at a later meeting and submit a “Preliminary/Final” plan. There were no further comments and/or questions.
Old Business: None Presented
Comments / Questions from the Floor: None
Closing:
A motion to Adjourn was made by George Helwig and seconded by Ken Klein, all were in favor. Meeting adjourned at @10:07 PM.
Minutes Submitted By: Joseph M. Kulick, Recording Secretary