Pocopson Township Planning Commission Meeting

7:30 p.m., Wednesday, March 18, 2009

Members Present: Summers, McNemar, Costello, Johnson, Rafferty

Township Engineer Present: James W. Hatfield, P.E.

Members Absent: Miller, Breiseth

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

2. Bell Subdivision Update: At the suggestion of the Township Board of Supervisors, Arthur L. Sagnor, III, Esquire, James Fritsch, P.E., and Terry and Nick Bell appeared to provide an update on the Bell Subdivision. Sagnor apologized for not having contacted the Planning Commission previously to explain that the need for multiple extension requests is due in large part to an ancillary issue regarding title to the lot that might preclude conveyance of the subdivided parcel. Additionally, Applicant’s engineer continues to seek solutions to the lot configurations in order to comply with Township Code for steep slopes and minimum lot width at the building line. Applicant will seek a 90-day extension from the Board of Supervisors during regular Board meeting on March 23, 2009.

Fritsch provided Planning Commission (PC) members in attendance and the Township Engineer a Discussion Plan dated 3/18/2009. The subdivision generally is still in design phase with the Discussion Plan demonstrating that the Applicant is making progress to reduce the number of requested variances. He noted that revisions to the original plan dated February 7, 2008 as shown on the Discussion Plan include minimal steep slope disturbance with relocation of the dwelling. Access to the proposed dwelling is located off Lenape Road (Route 52) as opposed to Valley Road. Remaining at issue and for discussion is calculation of lot width. Applicant will continue to pursue a remedy to the lot width at the building line by reconfiguring driveway access; although, Applicant has an interest in keeping access off Valley Road as an option. Hatfield noted that the black line notation denoting the property line as shown on the Discussion Plan represents compliance with all most provisions of the current Township Code. A lengthy discussion ensued regarding location of septic fields, ownership of the existing driveway to be retained by Lot 1, and stormwater management concerns, particularly responsibility for the retaining wall required to control volume and velocity of water from the developed site. PC members in attendance acknowledged that lot size averaging, if available by Code, would be a viable approach for landowners to resolve division of land into unequal-sized lots. Applicant may need to seek resolution through the Zoning Hearing Board in order to include access off Valley Road.

Motion: Summers moved that the Planning Commission recommend to the Board of Supervisors to grant the 90-day extension for review of the Bell Subdivision with an expiration date of June 30, 2009; Costello seconded; unanimously approved.

3. Ordinance revisions Update: Summers reported as follows –

a) Decision and Order re: Yelton: The Chester County Court of Common Pleas affirmed the Pocopson Township Zoning Hearing Board (ZHB) decision that the Yelton property may not be used by a landscaping company for storage. Further the barn may be used to store hay and the number of horses stabled on the property is limited to three. The Court reversed the ZHB in finding that the barn cannot be used to store electrical equipment and supplies. Summers asked and Rafferty agreed to review the Decision and Order for the purpose of considering amendments or changes to the definition section of the Code. The PC could consider specifically addressing multiple storage units or self-storage facilities. There is a 30-day appeal process to run following issuance of the Order.

b) Sign Ordinance: Secretary reported that she met with Breiseth for the purpose of incorporating sign ordinance edits and comments received from the Board of Supervisors and the Solicitor. Sign heights need to be clarified. Summers tabled discussion as Breiseth was not in attendance.

c) Fee-in-lieu of: Summers and Costello continue to review modifications to the fee-in-lieu of language throughout the Code, particularly with regard to inconsistent and subjective references to trails, recreation, and open space.

4. Other Business/Announcements: Secretary distributed notice from the Chester County Planning Commission regarding update to Landscapes2, the County Comprehensive Plan. Parties interested in additional detail may log on to www.landscapes2.org to review a draft map and an opportunity to submit comments.

5. Approval of Meeting Minutes February 18, 2009: Motion: Summers moved to approve the Minutes of the February 18, 2009 meeting as submitted; Rafferty seconded; unanimously approved.

6. Adjournment: Summers moved to adjourn at 8:30 p.m.; Rafferty seconded. The next regularly scheduled Planning Commission Meeting is Wednesday, April 15, 2009.

___________________________ ___________________________________

Susan Simone, Secretary Gary Summers, Planning Commission, Chair