Pocopson Township Planning Commission Meeting

7:30 p.m., Wednesday, November 19, 2008

Members Present: Summers, Chair; Costello, Rafferty, Miller, McNemar,

Members Absent: Johnson, Breiseth

1. Call to Order – Summers called the regular meeting to order at 7:30 p.m.

2. Leonard-Roberts Property – Peter Archer of Archer & Buchanan Architecture, Ltd., and James Fritsch, Regester Associates, Inc., on behalf of Barney Leonard and Nancy Roberts (Applicant) appeared before the Planning Commission (PC) to discuss a sketch plan dated November 11, 2008 for the proposed construction of a 4,000 square foot dwelling. Applicant proposes that the dwelling will be a sustainable design that meets Leadership in Energy and Environmental Design (LEED) ratings and certification. The property is located on Bragg Hill Road, being UPI 63-1-42.4, part of the approved 1996 Thompson subdivision. Archer provided a brief history of the purchase of the property by Leonard-Roberts. Acknowledging that Applicant may have to go before the Zoning Hearing Board and the Board of Supervisors, he requested feedback from the PC regarding proposed variances addressing building in a steep slope area and removal of trees, including heritage trees. Fritsch explained that since subdivision approval in 1996, the natural resources section of the Township Code was amended in 2002 and 2007, and as such, Applicant must take the changes into account in preparation of a building permit plan. For discussion purposes, Fritsch reviewed the sketch plan noting the proposed limit of disturbance, stormwater management facilities (including drywells and infiltration berms), septic, driveway, location of 2-story residence, and location of trees.

Discussion: PC asked and Applicant confirmed their desire to follow LEED requirements that include recycling building materials on site and their desire to use a solar powered generator. Rainwater capture system will use rainwater for irrigation and toilet flushing. Applicant desires to install active stormwater management techniques and limit the removal of trees to only those required for the installation of the driveway. Applicant intends to submit a preliminary plan to clarify percentages of steep slopes and location of the driveway. PC acknowledged that they cannot grant waivers or recommendations to proceed with a building permit application. However, based on the discussion and sketch plan, PC believes Applicant is making good use of the lot. PC found no planning issues that caused undue concern other than those resulting in adherence to natural resources Section 250-87 of the Code. McNemar asked and the Applicant agreed to photograph the site development and LEED construction process for a display at the Township building.

Action: no action required at this time.

3. Chester County Equipment Storage Building – James Fritsch, Regester Associates, Inc., and John Dargay, Chester County Facilities Manager (Applicant), appeared to discuss proposed construction of a 60' x 120' equipment storage building or outdoor barn with a crushed stone floor, to be constructed on the east side of the County Prison property zoned RA. The stormwater calculations and infiltration berms are similar to the recent designs approved for the Brandywine Valley Association (BVA). No proposed water or sewer for the building only electric service. Due to the small scope of the project, Fritsch requested the PC recommend waivers for Township Code Sections 190-12 Requiring a Preliminary Plan Submission and 190-14 Requiring a Final Plan Submission. The waiver will allow the Applicant to proceed with plans that can be reviewed as a building permit plan. Applicant described the equipment to be stored as similar to BVA, i.e., tractors and tools used for harvesting hay in the spray fields and various maintenance and repair implements. Oil changes for the tractors would be minimal. Rafferty and McNemar noted that the Applicant should confirm maintenance and spill prevention requirements with the Building Inspector. The building code may require installation of an impervious floor for a building with maintenance activity. McNemar remarked that for the purpose of maintenance, the building must be constructed with storage tanks and provide for containments to protect groundwater.

Discussion: PC members asked what type of buffering would be installed, will the building be secure, and what color are the construction materials. Applicant would consider planting landscaping as a screen for Brandywine Hills development. The building will be a traditional pole barn wrapped in steel with a forest green roof covering and will be secured. McNemar also noted concern regarding the Township trail connections planned for the gravel trail that wraps the perimeter. Applicant will work with the Township regarding an easement for the recorded plan. PC members recalled that an attorney member of the BVA Board directed the BVA to seek preliminary subdivision approvals in accordance with the Township Ordinances. Given the size of the proposed County structure and the nature of the usage, the PC agreed to contact the Township Solicitor regarding the requested recommendation to grant waivers and proceed as a building permit plan.

Action: The Secretary is directed to formulate an appropriate question for the Township Solicitor regarding a waiver of 190-12 and 190-14.

4. Riverside Day Care Center – withdrawn from the agenda prior to the meeting.

5. Becker Property/Pocopson Road – Jack Becker (Applicant), a resident and businessman in the Township since mid-1980, presented a sketch plan prepared by Hillcrest Associates Inc. dated August 26, 2008 depicting a mixed-use of apartments/townhouses/businesses for a 3.091 acre tract being 63-4-148 and 63-4-148.1. Applicant has been running a construction/plumbing business out of the property for some time and previously pitched the idea to the Township Supervisors in spring 2008. Applicant proposes providing a “live where you work” scheme. Applicant desires to market the space for professional offices, i.e., doctor, dentist, etc., not store fronts. The conceptual uses sketch prepared by Williams/Loustau, Architects, provided proposed office/residential first and second floor plans as well as proposed elevations depicting natural materials for the exteriors with the look and feel of a train station. Applicant is working with the Township regarding the sewer issues and tie-in to the Riverside Wastewater Treatment Plant (WWTP). Applicant provided Federal Emergency Management Agency (FEMA) Letter of Map Amendment (LOMA) dated October 30, 2008, Case No. 08-03-1789A. The amendment removes a portion of parcel 63-04-148 from the Special Flood Hazard Area (SFHA). Applicant seeks feedback from the PC on this project.

Discussion: PC members ask that Applicant include FEMA line on all plans. McNemar and Rafferty asked Applicant to identify provisions for parking. Applicant expects design to provide parking in the rear and side of the building as well as under the units that will not extend below floodplain requirements. Parking will meet impervious requirement. Front porches will include stairs with three to five treads. PC members commented that the nature of the businesses must be considered given the side-by-side design. Concern was raised for selling or leasing to professions that are known waste producers, by example, salons and veterinary clinics. McNemar asked and the Applicant confirmed his intention to retain ownership of the property as an investment and that leases will be considered for ten-year terms. McNemar noted that Applicant will need to confirm hook-up with the WWTP with Castle Valley Consultants, Inc. Summers and McNemar noted that the Applicant’s property was impacted by the construction of Pocopson Elementary, however, the Applicant must address all stormwater management concerns including underground systems that require perc testing. PC recommends that the Applicant contact the school and the railroad regarding the plan proposal. Likewise, Applicant should review ingress/egress distances for a state road, intersections, and relationship to school entrance.

Action: no action required at this time.

6. Home Occupation Registration Update – Rafferty reported that he contacted surrounding townships and Kennett Square Borough for information regarding registration process and enforcement. Basically, no single process exists; generally, investigations and enforcement are issues only when the townships/borough receives complaints. Summers remarked that home occupation complaints would be dealt with through the Zoning Hearing Board, particularly if there is a collateral issue such as noise or lighting.

Action: no further action required.

7. Ordinance Updates – McNemar reported that legal advertising is complete for the Waste Management and Burn, Open Ordinances to be adopted during regular meeting of the Board of Supervisors on November 24, 2008. Copies of the adopted Ordinances will be sent to homeowner associations in the Township as well as area waste haulers. Summers noted that the Chester County Planning Commission submitted a review letter dated November 19, 2008, for amendments to the Keeping of Animals and Sign Ordinances. PC members offered the following comments for consideration in reworking the draft ordinances:

(a) Township Solicitor should clarify PA Act 38 of 2005 known as “PA Agriculture, Communities and the Rule Environment” legislation which took effect on July 6, 2005;

(b) Consider amending the draft to remove reference to animal owner behavior toward dog, perhaps revising to mandate owner behavior comply with state dog laws, SPCA initiatives, and other governing bodies;

(c) Address issues within the draft such as controlling animals or how animals affect adjacent neighbors or neighborhoods;

(d) Craft the keeping of animals ordinance to address regulating the number or density of animals;

(e) Clarify the provision for regulating political signs to apply to non-private property;

(f) Clarify the specific maximum sizes for various types of signs for the purpose of enforcement.

Finally, the PC also reviewed a letter from Bruce B. Yelton regarding defining the term “pasture” as used in the Keeping of Animals Ordinance.

Action: additional research required.

8. Other Business/Announcements – McNemar reported that Keystone Municipal Services, Inc., have not returned her communications regarding a review of Chapter 53 of the Township Code and the state code as it relates to building inspections.

9. Minutes of October 15, 2008:

Motion: McNemar moved to approve the Minutes of October 15, 2008 as corrected; Costello seconded; motion carried.

10. Adjournment: Summers moved to adjourn at 10:00 p.m.; McNemar seconded. The next regularly scheduled Planning Commission Meeting is Wednesday, December 17, 2008.

___________________________ ___________________________________

Susan Simone, Secretary Gary Summers, Planning Commission, Chair