Minutes of the Pocopson Township Planning Commission
January 16, 2008 7:30 PM
Present: Bill Waddington, Chair; Steve Conary, Vice-Chair; Suzy Breiseth, Lauressa McNemar, Sean Rafferty, Gary Summers
Absent: Meg Johnson
Call to order: Waddington called the meeting to order at 7:35 p.m.
Announcements: None.
Conditional Use Application, Benzel Family Trust
Jim Fritsch of Regester Associates, Mrs. Ann Benzel, Charlie Benzel, Deri Gawthrop and Jim Gawthrop were in attendance.
Background: The Benzels attended the November 15, 2007 Planning Commission (PC) meeting and the Board of Supervisors (BOS) meeting on November 26, 2008 to discuss the proposed subdivision of their property on Bragg Hill Road. The PC and the BOS expressed support for a 3-lot subdivision, with a small parcel to be conveyed to the Gawthrops.
Based on that support, the Benzels are making a second appearance before the PC with Final Minor Subdivision plans and an application for a Conditional Use Hearing. They are requesting a formal recommendation from the PC to the BOS supporting the Conditional Use application.
Fritsch outlined three items addressed in the conditional use application:
1) Township Zoning Ordinance §250-24.A(4)(c): Modification to applicable area and bulk criteria, as outlined in §250-24.D(4)
§250-24.D(4) specifies a maximum lot width at street line of 125 feet excluding corner or inside curved lots. Lots 1 and 2 front on Bragg Hill and will have greater road frontage than that (789.9 ft for Lot 1; 158.53 ft for Lot 2). Lot 3 is a corner lot (1315.19 ft frontage on Bragg Hill Road, 1,050.71 feet on Unionville-Wawaset Road) and the area south of Unionville-Wawaset Road is conserved.
Waddington said he would agree to recommend a waiver for this condition to accommodate the desirable layout of this subdivision.
2) 250-24.A(4)(e): Inclusion of restricted open space in privately owned parcel(s), each greater than 10 net acres
The Benzels are requesting that restricted open space be included on privately owned lots with no Homeowners Association (HOA), even though all three of the subdivided lots will be less than 10 net acres.
Waddington said that the PC would prefer no HOA on a subdivision of this size and scope and that having the individual property owners manage their portion of open space would be a good idea. Conary asked how “restricted open space” is defined in the plans. Fritsch replied that no buildings are shown in the restricted open space areas and that there are no plans to build anything in those areas. Conary asked that specific, appropriate restrictions against development in those areas be added to the plan.
3) The Benzels are requesting that sewage be treated with an on-site septic system, with the option to use restricted open space for this purpose. Lot 1’s drainfield is already in an area designated as restricted open space; the Benzels do not want to tear out a usable field, and it might be usable for Lots 2 & 3. Conary noted that the property appear to have multiple possibilities for drainfields. Waddington agreed that the soils in that area are generally good, and any perk issues would be handled when building permits are applied for. McNemar reiterated that this request applied only to septic, and not to stormwater; Fritsch agreed.
Motion: Summers recommended waiving §250-24.A(4)(c) and §250-24.A(4)(e) of the Township Zoning Ordinance as outlined above, and approving the request to use restricted open space for sewage treatment; Breiseth seconded; approved unanimously.
Upon questioning by Waddington, Fritsch said that additional improvements to Bragg Hill Road are not a conditional use issue, but a subdivision issue. The two new lots have no immediate plans to be built on. Waddington noted that the PC’s recommendation for no additional improvements still stands.
Motion: Rafferty moved to recommend to the BOS that no additional road improvements be required for Bragg Hill Road, other than those planned by the BHO development; Breiseth seconded; approved unanimously.
Fritsch said that he expects that he and the Benzels will come back to the PC in February to go over John Fenn’s review letter regarding waivers.
Energy Audit / Sustainability
Bill Haaf of the Township’s Parks, Recreation & Trails (PRT) Committee was in attendance to discuss a presentation he made at the December 27, 2007 BOS Meeting, after which the BOS approved an $800 expenditure from the Parks, Recreation & Trails Committee budget for an energy audit of the Township’s buildings.
Haaf began by describing the efforts of the Stream Team Subcommittee to preserve Pocopson’s streams. He then outlined the reasons for an energy audit:
So, for financial and sustainability reasons, tighter oversight of all types of energy usage would be beneficial.
Haaf has located an engineer from the University of Delaware to perform an energy audit. His findings and other energy-saving information could be shared with residents through the newsletter and website. The new Township building could benefit from knowledge gained about solar energy, energy and water efficiency, and Green Building guidelines – all of which may have implications regarding development, which is where the PC comes in.
Breiseth asked about wind power. Haaf replied that in general, this area doesn’t get enough sustained 10 mph winds to generate sufficient power. Also, Township ordinance forbids windmills/towers. As time goes by, new types of wind-driven power may become feasible in this area. Haaf noted that an engineer with solar power experience has been invited to the PRT meeting in February to speak about solar options in existing and new buildings.
Conary said that he views the PC’s role in this effort as identifying where ordinances might impede energy saving measures or alternative energy sources, and then modifying as necessary to permit and encourage residents to use alternative measures. Planning-related topics associated with energy would have a link with the PC.
Rafferty asked about programs that benefit residents by saving them money on energy-saving technologies; e.g., might a vendor sell compact fluorescent light bulbs at a lower cost? Haaf has been discussing ideas like this with Wal-Mart.
Waddington commented that perhaps the BOCA codes could be supplemented with Township requirements for such things as higher minimum insulation requirements on new construction and retrofitting of existing homes.
Breiseth offered to do some Internet research on codes and regulations for energy efficiency in Vermont and New Hampshire and share it with Haaf and the PRT.
Conary noted that the Township will need to look at fuel efficient vehicles for Public Works. Haaf said that he would like to look at miles driven, just to acquire information on current usage and perhaps identify travel and vehicle usage patterns that could be modified to save energy.
Other Business:
Conary suggested that the PC review zoning ordinances to address situations that have come up for conditional use applications recently (BHO, Benzel, Burnett) and propose changes. Waddington suggested that perhaps a subcommittee of PC could make the initial effort to identify ordinances that may need revision.
Conary cited another example of an ordinance that is not clearly written: the animal ordinance that allows six grazing animals per acre (beyond the minimum 2 acres for house and yard). Breiseth volunteered to look at this particular ordinance and bring ideas back to the February meeting.
Election of officers: Waddington recommended waiting until the two new members are appointed before electing officers.
There was discussion of ways to publicize the two vacancies, including putting an ad in the Daily Local News, having the Public Works crew put a letter in mailboxes in six developments – Red Bridge, Waterglen, Beversrede, Courts at Longwood, Olmsted, and Riverside – and putting a notice on the Township web site. Conary will discuss at the Board of Supervisors meeting on January 28, 2008.
Summers left the meeting at 8:50.
Approval of Minutes from December 17, 2007: It was noted that comments from Conary and McNemar were previously incorporated.
Motion: Rafferty moved to approve as amended; Conary seconded; approved by all five members in attendance.
Adjournment: The meeting was adjourned at 8:55 p.m.
_________________________________ _____________________________
Margaret S. Lennon, Acting Secretary William Waddington, Chair