Pocopson Township Planning Commission Meeting
7:30 p.m., Wednesday,
October 21, 2009
Members Present: Gary Summers, Robert Costello, Sean Rafferty,
Suzy Breiseth
Members Absent: Robert
Miller, Chris Sperber, Meg Johnson
1.
Call to
Order: Summers called the meeting to
order at 7:30 p.m.
2. Orr Subdivision/ 63-3-130/1870 Lenape-Unionville Road: Pocopson Resident Rowland Orr appeared before
the Planning Commission regarding his interest in a reverse subdivision of the
5-lot subdivision approved December 1, 1986 located on Lenape-Unionville Road (between Haines
Mill and Folly Hill Roads). Subdivision originally referenced as Outwood Mill,
Inc. when it was filed in 1986. Orr believes the reverse subdivision would
reduce the property taxes. He contacted the County Tax Assessment Office
regarding reverting three undeveloped lots into one and was told that he should
contact the Township regarding this request. Two of the five lots were sold off
over time with two remaining undeveloped and one undeveloped with the existing
house (log cabin). Rafferty noted that the County Tax Assessment Office web
site provides detailed instructions and an application/petition landowners may
use to file for a hearing before the Assessment Appeals Board to modify the
assessment. Commission members generally could not answer Orr’s question
regarding how long a subdivision remains a subdivision. Without question
current ordinance requirements prevail. Commission suggested that Orr pursue
the matter with an attorney as issues may need to be addressed regarding value
of the land if nonconforming and if it is in his best interest to reverse
subdivide. Orr is also interested in pursuing qualifying the property under Act
319. He desires to work with a beekeeper regarding setting up an apiary on one
of the lots. Summers requested the Secretary to contact the Solicitor on the
question of how long a subdivision remains a subdivision.
3.
Becker Project/Pocopson Road – 63-4-148, -148.1: Applicant Jack
Becker and Barry Stingel, RLA, Vice President, Hillcrest Associates, Inc.,
presented a Variance Exhibit dated September 23, 2009 (Plan), showing
nonconforming use of three buildings (single family dwellings)(in accordance
with 250-29.A(3), -(5)). Applicant is requesting zoning relief of Section 250-85.G(2)[1]
of the Ordinance which allows a building which is nonconforming in location on
the lot by reason of being closer to the lot line or setback line than the
minimum requirements for the district, to be enlarged or additional building
constructed provided that enlargements or additions to buildings must conform
to all setback requirements of the district. The Plan reflects most of the
recommendations from the Township Planning Commission as referenced in the
Minutes of November 19, 2008, February 18, 2009, and May 20, 2009. A revised
preliminary plan will be prepared and will be contingent upon the outcome with
the Township Zoning Hearing Board. Stingel pointed out that a number of changes
to the building configurations in relation to the lot lines improve overall
aesthetics and compliance with ordinances. The original architectural
renderings for the elevations remain unchanged. The hardship issue for the
Zoning Hearing Board is the relationship of the location of a professional
office with the available parking which meets zoning criteria. Parking for the
residential applications for the site is remedied by garage parking and the limited
requirement for residential parking per Township Code. Approximately 81 parking spaces will be
available including residential spaces in the townhouse garages. Applicant is
proposing 12,000 s/f of commercial space and 9,600 s/f for residential. With
previously discussed adjustments to the preliminary plan, the loading zone will
also serve as a collapse zone for emergency vehicles.
Motion: Breiseth
moved that the Planning Commission support the approval of the Zoning Variances of
Section 250-85.G(2)[1], Section 250-85.I, and Section 250-38.C(3) as set forth
in the Application dated October 6, 2009 and received by the Township October
7, 2009, regarding the preliminary land development and reverse subdivision
plan proposing construction of additions and conversion of two nonconforming
existing single-family dwellings for the Becker Property on Pocopson Road,
being parcel numbers 63-4-148 and 63-4-148.1; Rafferty seconded; motion
unanimously approved.
4. Draft Ordinances – Summers reported that Bill Haaf will present
a PowerPoint on Draft Alternative Energy Ordinances for the December 16th
meeting. Secretary
reported that the Township Solicitor advised and the Supervisors approved the
submission of the Draft Sign Ordinance to the Chester
County Planning Commission for a third review due to minor
changes in the text. Supervisors approved moving forward with a public hearing
for Keeping of Animals and Grinder Pumps. Melissa Bravo, State Weed Control Officer is available to review
draft ordinances for weed control for farmland and weed control for aesthetics.
She is not available to attend a
meeting. Breiseth will distribute three draft ordinances regarding fences to be
discussed during the December meeting. Planning Commission members will be
asked to make a decision in December as to the text for a draft fence
ordinance.
5. Approval of Meeting Minutes of September 16,
2009: Rafferty moved and Summers seconded to approve the September 16, 2009
Minutes as submitted; motion unanimously approved.
6. Adjournment: Summers moved, Rafferty seconded to adjourn
at 8:45 p.m. The next regularly
scheduled Planning Commission Meeting is November 18, 2009.
___________________________ ___________________________________
Susan Simone, Secretary Gary Summers, Planning Commission, Chair