Pocopson Township Planning Commission Meeting

Wednesday, June 17, 2009, 7:30 p.m.

 

Members Present: Summers, Chair; Breiseth, Vice Chair; McNemar, Miller, Johnson

Members Absent: Rafferty, Costello

 

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

 

2. Final Minor Subdivision Plan:  Bell, 1936 Lenape Road; 63-5-2, 4.652 acres: Bob Flinchbaugh, P.E., Regester Associates and Nick Bell (Applicant) appeared before the Planning Commission to discuss the particulars of the Township Engineer Review Letter dated June 17, 2009 and to submit a Waiver Request Letter dated June 17, 2009. 

Discussion: Flinchbaugh noted that Applicant last appeared before the Planning Commission (PC) in April regarding this 2-lot subdivision. Summary of Engineer Review Letter by Code Sections as follows:

 

250-17.D(1) – include a plan note confirming fee in lieu of recreational area; to be discussed with Board of Supervisors.

250-87.D(6) – Applicant will comply.

250-87.D(8)(a) – Regester Associates will submit plans to local emergency service providers.

250-87.I – PNDI conducted and search has come back clean. No further coordination with DCNR required.

250-87.M(1) – extent of all natural resources on the site provided with the exception of Class 3 Woodlands. Applicant proposes no disturbance of existing woodlands adjacent to Route 52. PC discussed Applicant preparing a deed restriction to prohibit disturbance. The area is, however, protected by current zoning ordinances. PC requests a plan note identifying Class 3 Woodlands as zero impact. 

250-88.A(1) – Township Engineer expressed concern that GrassTrac grass paved portion of driveway presents a slippery hazard in inclement weather which creates rutting and damage from tire spinning. While Applicant proposed GrassTrac paving as a best management practice for stormwater requirements, pervious paving may be a better solution. Applicant must include maintenance procedures in the Stormwater (SWM) Operation and Maintenance Agreement for installation of GrassTrac and include a note prohibiting future owners from paving over the surface. 

250-90.A – Board of Supervisors should confirm that Route 52 is the most appropriate access for Lot 1.

190-22.B(11) – Plan revisions should include existing street number of Lot 2 and a proposed street number for Lot 1.  

190-22.C(3) – mechanism to insure future preservation will be provided as noted in 250-87.M(1).

190-23 – Applicant requests waiver requiring preparation of an existing resource site analysis plan. 

190-24.B(10) – Applicant will comply with plan revision to include tree protection fencing detail.

190-25.F – Applicant requests waiver requiring certification of quality and adequacy of water supply prior to final plan approval. Township Engineer does not object if certification is provided prior to issuance of a Certificate of Occupancy.

190.25.G – similar to 190.25.F with no objection if Applicant provides copy of Sewage Planning Module or exemption letter from DEP and a note is added to the plan that a permit from the Chester County Health Department for the septic system is obtained prior to issuance of a Certificate of Occupancy.

190.25.H – Township has classified Valley Road as a collector road; therefore, Applicant should revise note 32 on Sheet 1 regarding right-of-way sufficiency to 37.5 feet from centerline of the road.

190-25.Q – Applicant notes that Lanchester Soil Consultants have completed testing for Lot 2 and are currently working on the planning module exemption. Applicant includes request for waiver of this section requesting that Lot 2 not be required to be brought into conformance with the Township’s SWM Ordinance. Applicant plans to improve existing conditions on Lot 2 which includes a house built circa 1724 that has existed without installation of SWM facilities. Applicant intends to remove a majority portion of driveway for Lot 2 and replace with pervious paving. Applicant plans to remove an existing frame shed and a portion of the existing garage as well. No underground storage tanks exist on the property.  

190-29.C(6) – Applicant must confirm site distance at the existing driveway onto Route 52 and indicate compliance with PennDOT requirements.

190-30.B(2) – Applicant requests that shared portion of the paved driveway not conform to residential street standards. Driveway will be utilized by two dwellings and pervious surface will meet manufacturer’s standards. McNemar noted that Applicant should confirm with PennDOT that permit use will allow installation of alternate paving material. PennDOT permit may require replace like-kind with like-kind in order to protect the road apron.

190-35 – Applicant requests waiver of requirement to submit Landscape Plan. Township Engineer does not object to the waiver request.

190-40 – Applicant requests waiver requiring concrete monuments placed at all perimeter corners. Two new iron pins will be installed at each end of the proposed subdivision line. PC has consistently required monuments for corners and rights-of-way lines.

190-45.A(1) – Applicant will comply with Township Engineer’s sequence of Construction.

178-4.C(3)(c) – Applicant will comply with provisions of this Section.

178-4.C(3)(i) – Applicant will revise plans to show orange construction fence around the proposed infiltration area.

178-4.C(3)(k) – Township Solicitor should confirm that Note 13 on Sheet 1 meets the requirements of this Section.

178-5 – Applicant will comply with recordation of SWM Operation and Maintenance Plan and Agreement within 15 days of Final Plan Approval.

 

Applicant requested PC members to recommend the Minor Final Plan to the Board of Supervisors for approval. McNemar noted that it is in the best interest of the Applicant to address the Township Engineer’s concerns before submission to the Board.

 

Motion: Breiseth moved that the Planning Commission recommend Final Minor Subdivision approval of the Bell Subdivision with the associated waivers as set forth in the letter from Regester Associates, Inc., dated June 17, 2009 with the exception of Section 190-40 requiring that concrete monuments be placed at all perimeter corners and provided that all conditions as outlined in Township Engineer Review Letter dated June 17, 2009 are met; Summers seconded, motion approved with one dissent by McNemar.

 

Applicant will seek a 90-day extension request from the Board of Supervisors during the regular meeting on June 22, 2009.

 

3. Correspondence:  PC reviewed the Chester County Planning Commission Review Letter for the Becker Property/Pocopson Road/Parcel #63-4-148 and 63-4-148.1.  

 

4. Draft Ordinances: McNemar reported that the Board of Supervisors completed a work session on the draft ordinance for “Signs” and “Keeping of Animals.” PC did not offer further edits to “Keeping of Animals” but did note concern in the “Signs” draft that the text did not adequately regulate freedom of speech. All agreed that inclusion of language permitting expressions of belief would meet freedom of speech requirements.

Motion: Summers moved to submit the Draft Ordinances for “Signs and “Keeping of Animals” to the Board of Supervisors for final approval; Johnson seconded; motion unanimously approved.

 

PC will hold a work session on July 29th for the sole purpose of ordinance review of a number of additional sections of the Township Code. Code concerns to consider include but not limited to setback requirements for septic systems in compliance with County Health Department, landscaping for stockade fences, and rear line setbacks for accessory buildings.

 

5. Announcements/Other Business:  McNemar announced that she is vacating her position on the Planning Commission. 

 

6. Approval of Meeting Minutes May 20, 2009: Motion: Johnson moved to accept the Minutes of May 20, 2009 as submitted; Breiseth seconded; motion unanimously approved.

 

7. Adjournment: Summers moved to adjourn at 9:26 p.m., McNemar seconded; motion unanimously approved. The next regularly scheduled Planning Commission Meeting is Wednesday, July 15, 2009 and an ordinance work session is planned for July 29th.

 

_________________________                      ___________________________________

Susan Simone, Secretary                                  Gary Summers, Planning Commission, Chair