Pocopson Township Planning Commission Meeting

7:30 p.m., Wednesday, February 20, 2008

Call to Order: The regular meeting of the Planning Commission was called to order at 7:35 p.m., at the Pocopson Township Building.

Members Present: Waddington, Chair; Breiseth, Costello, Johnson, McNemar, Rafferty, Summers.

Bell Subdivision (proposed): Bob Flinchbaugh, P.E. of Regester Associates, Inc. and Nick Bell on behalf of Steven and Teresa Bell were present to discuss the proposed Bell Subdivision. Flinchbaugh provided an introduction to the particulars of the project that addresses two (2) lots as follows: Lot #1 a proposed house with walkout basement and access via Valley Road; Lot #2 an existing house with ingress/egress from Lenape Road. Both lots will be served by on-lot sewage disposal. Details of a Minor Subdivision Plan for Steven D. and Teresa J. Bell dated February 7, 2008 and being Regester No. 29790 were distributed in advance of the meeting and reviewed at this time by Flinchbaugh. Flinchbaugh noted that potentially several waivers will be required including but not limited to the following Sections: 190-23 Existing Resources and site analysis plan; 190-24 Conservation plan; 190-35 Landscape design, installation and maintenance standards; and 190-40 Monuments.

At the conclusion of Flinchbaugh’s introduction, Waddington called for comment and discussion as follows:

Steep Slope Concerns: McNemar commented that nearly half of the subdivision depicts slopes in excess of 10% and that the majority of improvements are on steep slope areas from 10% to over 25%. It was noted that the grading also produces additional steep slope areas above what currently exists. She offered that minimization of construction on excessive slopes might be considered by revising placement of the improvements (house and stormwater system) and consideration of a shared driveway. The driveway for Lot #1 as proposed seems excessive in length, creating additional runoff which could be reduced if the house were moved out of the woods into the existing clearing. The PC members generally offered that a shared driveway may be appropriate. Rafferty noted further that in addition to mitigating steep slopes, the applicant may reduce excavating costs if the Lot #1 dwelling were repositioned out of the wooded and heavily wooded areas. Flinchbaugh responded that consideration has been given to the aesthetics of the improvements and that as presented comply with all set backs. For consideration, Johnson noted that a shared driveway configuration may raise issues regarding ownership of the 50' strip and as such, would the shared driveway then change the gross and net acreage.

Conservation of natural features: McNemar reminded Applicants to consider the provisions of Section 250-87, especially those regarding woodland protection, in order to minimize impact to the natural features. In doing so, as noted by Rafferty in the previous slope discussion, the wooded and heavily wooded areas may be left fairly untouched if the Lot #1 dwelling is repositioned.

Utilities: PC members noted that the existing house on Lot #2 is served by on-site water and on-site sewage disposal. They also noted that public water is not accessible on Valley Road. The on-site sewage disposal systems have not been finalized. The replacement system was not shown the required 20' from the property line. Mr. Flinchbaugh indicated that was a mapping error.

Conclusion: Given the Applicant’s desire to comply with all Township directives regarding impervious areas, landscaping, steep slopes, setbacks, and stormwater management, and in consideration of the Applicant’s concerns in developing a marketable design, the PC members agreed to schedule a site walk of the property. The site walk will allow the members opportunity to fully evaluate the conditions of the site juxtaposed with the proposed subdivision plan. A tentative date and time for the site walk will be Saturday, March 1, 2008 at 11:00 a.m.

Benzel Family Trust Final Minor Subdivision Plan: Jim Fritsch, P.E. of Regester Associates, Inc., as well as Ann Benzel, Charles Benzel and Derie Gawthrop were present to discuss the particulars of the letter from John Fenn of VanDemark & Lynch dated February 20, 2008 for the Final Minor Subdivision Plan. Fritsch presented a brief review of the final subdivision plan dated 10-16-07 for the Benzel Family Trust property located on Bragg Hill Road, 40.407 acre lot showing four 10± acre lots. Fritsch then proceeded to facilitate discussion and comment addressing items #1 through #23 of the Fenn letter as follows:

Fenn Letter 2/20/2008 Item #	Comment/Discussion/Decision
1	Identified as a noncomment as the Applicant does not wish to develop as a clustered development but has proceeded with the best fit subdivision option for the site.
2/paragraph 1	PC members in agreement with the provision to remove the bonus density calculations from the plans.
2/paragraph 2	PC members agreed to leave the plan as is.
2/paragraph 3	Fritsch noted that the applicant is selling lots not houses; therefore, sample home designs need not be submitted. He also noted that any elevations would be discussed at the conditional use hearing. PC members were in agreement.
3	PC members acknowledged that in previous discussion regarding the conditional use an agreement was reached that a variance was not required.
4	Fritsch remarked that the Applicant was in agreement to add a plan note detailing the maximum pervious coverage, building coverage, and building height required by Township ordinances for each lot. However, details regarding such matters will be addressed during the permitting process.
5/paragraph 1	McNemar noted that language should be added regarding the use of open space. PC members acknowledged that the equestrian activities would be pursued by the lot owners; however, a note regarding use by and for equestrian activities could be added after the conditional use hearing.
5/paragraph 2	PC members asked that paragraph 2 remain as is as it relates to a contribution to the Township Open Space Fund – Applicant continues to proceed accordingly.
6	Fritsch agreed that narrative information as required by Section 250.98G(3) will be added.
7	Conservation easement to be submitted by attorney Bob Adams.
8	Applicant will submit plan to Longwood Fire Company.
9	The Benzel Family Trust will submit a title report.
10 and 11	Section 190-23E(1)a and Section 190-23E(2) b and c regarding the existing Resources and Site Analysis Plan prompted long discussion among members regarding the use of 2-foot or 5-foot contour intervals. The PC members agreed to a waiver to permit Applicant to submit topographical information from the Chester County GIS to alleviate the engineering recommendations per items #10 and #11.
12	Use of GIS information may be applied as in #10 and #11 above.
13	Applicant’s plan will show, where practicable, the location and elevation of a known, established benchmark.
14	The Applicant is not proposing trails. Fritsch offered that the trail easement on the Gawthrop side by the existing farmhouse prohibits the inclusion of a trail. PC members requested that the Applicant discuss the trail issue with the Pocopson Township Parks, Recreation and Trails Committee.
15	Applicant requested waiver from referenced Sections of the SLDO to allow the subdivision without certification of adequacy of water supply and certification of sewage disposal facilities. Applicant indicates that perk tests have been completed on the lots and that the land plan module will address the issues at hand.
16	Discussion ensued regarding the right-of-way requirements for the Township as well as PennDOT. PC members noted that the PennDOT requirement is 60' and John Fenn is asking for 75'. PC members believe the request for 75' may be excessive for a road (Unionville-Wawaset Road) of this nature. Fritsch pointed out that the right-of-way has nothing to do with the property and that eased land is noted on both sides. The easement is calculated as part of the open space.
17/paragraph 1	PC members agreed to a waiver of 190-27B as it relates to side lot lines.
17/paragraph 2	Further investigation is required utilizing field topographics to make sure the layout pursued by Applicant reduces steep slope disturbances and meets requirement for construction of driveway.
18	PC members agreed that verbiage should be added with restrictions as related to Lot #2.
19	Applicant’s requests with regard to proposed driveways will be detailed further during the permitting process.
20	PC members requested that the Applicant discuss the trail issue with the Pocopson Township Parks, Recreation and Trails Committee.
21	PC members agreed to the waiver of the landscape plan.
22	PC members agreed to a partial waiver of the placing of concrete monuments. Fritsch physically noted on the plan pertinent points for location of the monuments to which the PC Members were in agreement. Brieseth noted that pins should be installed in such a fashion that they will not affect horses.
23	All in attendance agreed that item #23 is generally a repeat and review of the previous items and as such required no further comment or discussion.

Motion: Waddington moved that the Planning Commission support the criteria of the Final Minor Subdivision as submitted and that it meets Subdivision and Land Development Ordinances and recommends submission for the Conditional Use Hearing. Second by Rafferty and so carried.

Clancy Sketch plan review of commercial/residential use of 1348 Lenape Road: Township Secretary reported that Mr. Clancy has withdrawn his request to come before the Planning Commission at this time.

Other Business:

Breiseth provided an update regarding her research on the animal ordinance. She has reviewed animal ordinances from about 18 or 19 municipalities and notes that the general consensus is a 3 acre minimum tract for the first animal. She further reported that Pocopson Zoning Section 250-92 C(2) may be interpreted as allowing two acres for the first animal and one acre for each thereafter. In addition, she noted that 250-92 does not provide regulation for animals kept on large parcels. PC members noted that the current ordinance is a source of confusion and misinterpretation.

Action Item: Breiseth will correlate the research to be presented at the April meeting.

McNemar presented a “Running List of Potential Ordinance Changes or Planning Process Clarification Issues” for ongoing discussion and/or completion. PC Members listed are those who brought up the subject area in this or previous meetings. Following a review and discussion of each item, notes are as presented:

1. Zoning 250-94 – shed setbacks (Breiseth). Concern was that existing 10' setback is much too close to the property line especially where backing up to an adjacent property with a second building at 10' distance. Discussion was that in many cases 10' is all there is available for smaller lots. This could also require additional revisions to many other sections of the Ordinances. Idea of additional setback for larger lots was proposed. No action taken.
2. SALDO 190-36B – 20' septic setback from property line is inconsistent with 10' requirement of County, causing some residents having to re-perc for their septic systems after having met the County requirements. It was noted that this conflict could likely be addressed in a sheet handed out with building and septic permit applications. (McNemar)
3. SALDO 190-23 – resource and site analysis plan. Concern was the required minimum 250' distance from property line for assessment of the resources, and if we had the discretion to require an analysis on only part of, or a shorter distance of an adjacent parcel if we were concerned about only one natural resource item. Waddington noted that discretionary decisions are allowed if the situation warrants. No further action required. (McNemar)
4. Review minor subdivision projects that fall between defined subdivision options (Rafferty). This is an ongoing item for discussion.
5. Ordinance reviews re: promoting renewable or alternative energy projects. This is an ongoing item for discussion.
6. Energy Saver Utilities mandated in BOCA (Bill Haaf). This is an ongoing item for discussion.
7. Zoning 250-92C(2) – animal ordinance (Breiseth as reported above). Proposed ordinance revision was prepared by Breiseth and circulated for discussion at the April meeting.
8. Communication initiatives – improve information exchange between Supervisors and residents and landowners adjacent to proposed subdivisions.
9. Communication initiatives – request that Township Engineer attend Planning Commission meetings in order to facilitate requests by applicants.
10. SALDO 190-30B(2) – relaxing the construction standard for shared driveways (Rafferty). This is an ongoing item for discussion.

Additionally, future projects include the Recycling Ordinance, Comprehensive Plan Task Force, Annual PC Report, and establishment of fees in lieu of recreation and trail improvements.

Minutes of January 16, 2008: Breiseth moved, Rafferty seconded to approve the Minutes of January 16, 2008 as submitted. Motion carried.

Election of Officers: Chairman Waddington expressed his intention to resign from the Planning Commission. Planning Commission members noted their appreciation for the years of careful and thoughtful service Waddington has contributed. To fill the Chairman vacancy, Waddington called for open nominations from the floor for the election of Chairman and Vice Chairman the term of office shall be effective immediately.

Motion: McNemar moved to nominate Summers as Chairman. Breiseth moved to nominate Rafferty as Chairman. Waddington noted that nominations appear in order and called for a ballot vote. Following a short recess to count the ballots, the announcement was made that Summers was elected Chairman.

Motion: McNemar moved to nominate Breiseth as Vice Chairman, second by Rafferty. There being no further nominations or opposition the motion carried.

Adjournment: The meeting was adjourned at 10:05 p.m.

_________________________ __________________________
Susan Simone, PC Secretary William Waddington, Chairman