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Present were: Joseph Solomon, Chairman, Jim Martin, Vice Chairman, Jennifer Hunter, William Montgomery and Charles Dunn.

Also present: James C. Kelly, Township Engineer, Robert Pappano, Township Solicitor, Anthony Hamaday, Township Manager, and Doug Williamson, Council Liaison.

Mr. Solomon welcomed Dr. Charles Dunn as the newest Member of the Planning Commission.

None

Mr. Montgomery made a motion, seconded by Ms. Hunter to approve the Planning Commission meeting minutes for January 23, 2007.

Mr. Montgomery Yes Ms. Hunter Yes
Mr. Solomon Yes Mr. Dunn Yes
Mr. Martin Yes

Motion passed 5-0

Mr. Solomon suggested to the commission the need to keep alive several items outlined in previous commission minutes. He offered that the planners had asked Council for some direction and assistance with creating a new committee or subgroup of an existing committee to oversee the comprehensive plan. Mr. Solomon was concerned that any lack of commitment to the actions steps of the plan will have wasted the amount of time spent preparing the detailed plan. He added he would hate to see the revised comprehensive plan fall into the dustbin.

Mr. Montgomery shared with the planners an overview of a recent meeting of a grass roots group called First Suburbs. Mr. Montgomery indicated that the group was formed from several municipalities within the suburban areas developed around Philadelphia after World War II. The group was formed with a mission to develop a voice on the various problems suburb communities face. The goal is to have clout with the State. He added that the group is now building a membership base and plans to holds its next meeting in early May.

Mr. Solomon indicated that there was an upcoming planning course at the Delaware County Community College that would be beneficial to the new members as well as a good refresher course for the existing members.

Mr. Williamson informed the planners that the Environmental Commission has received some new members and appear to be rejuvenated and ready to tackle the matters sent to them from the planners.

211 Sycamore Mills Rd Subdivision
Don Petrosa, attorney for Sycamore Mills Rd LLC provided the planners with an overview of the final subdivision plan for the property. He outlined the timeline the property took in arriving at the final plan stage and indicated that the final plans address all the previous planning commission comments made during the preliminary plan review as well as the conditions imposed by Council during the preliminary plan approval. He added that proposed subdivision still provides for a new private road with a loop cul-de-sac and 7 new building lots in addition to the 3 existing dwellings on the property. The plan has received conditional use approval from Council for clustering the property.

Mr. Petrosa informed the planners that he presented the proposed public sewerage plan to the Township Sewer Authority and the Authority’s solicitor is preparing sewer agreements. He expects final sewer plan approval at the April Sewer Authority meeting. Mr. Petrosa reviewed the Township Engineer’s review letter dated 3/22/2007 and indicated that the plan will be revised to comply with all the comments.

Mr. Martin asked if the storm water management system was revised and if it still is providing detention in excess of the minimum requirements. Mr. Petrosa indicated that the systems had not been altered and they exceed the minimum requirements in the Township Code for detention of storm water.

Mr. Montgomery asked for clarification of the note on sheet 4 of the plan regarding the removal of driveways. Mr. Petrosa indicated that portions of the existing drive on the property would be removed.

Mr. Hamaday informed the planners that the developer is still looking to develop the property in accordance with his original English village concept where the homes are located closer to the street. He indicated that Council during the preliminary plan review discussed the options of reducing the required street right of way or asking the developer to go back to the Zoning Board for front yard setback relief to allow the dwellings to be closer to the street and farther from the property line and ball fields at Springton Lake Middle School. Council deferred the issue to the final plan stage.

Mr. Petrossa indicated that he would asked Council to reduce the required 40’ right of way on the proposed private street to 30’ seek a zoning variance from the 40’ front yard setback reduced to 25’.

Mr. Martin made a motion, seconded by Mr. Montgomery to recommend approval of the final plan of Kenmore Woods to Council subject to the following conditions:

1. Compliance with the Township Engineer’s review letter dated 3/22/2007
2. Approval of the Sewer Authority for the proposed sanitary sewer plan
3. Council investigate the methods to decrease the front yard setback for the properties using either a reduction of the right of way or zoning relief.


Mr. Montgomery Yes Ms. Hunter Yes
Mr. Solomon Yes Mr. Dunn Yes
Mr. Martin Yes

Motion passed 5-0

Sketch Plan -Rose Tree Tavern Land Development, Rose Tree Park
Christopher Fazio, P.E, Sandra Baggot, AIA, and Paul Hughes, P.E., appeared on behalf of Delaware County Council to provide an overview of the proposed land development plan for the Rose Tree Tavern. Mr. Fazio indicated that the County Council wishes to make the Tavern usable now that it has been relocated. The plan calls for the conversion of the tavern to office space for the Brandywine Visitors Center as well as a new 300 sq. ft. one story carriage house for use as meeting space for the Center and Delaware County.

The proposed plan calls for 23 parking spaces adjacent to the tavern and 8 additional spaces in a second parking lot near the carriage house. The planners questioned the available parking and suggested the need for additional spaces due to the uses in the building especially the carriage house and its large open meeting room as well as outside patio area. Mr. Fazio indicated that the proposed parking plan and uses within the building would be re-evaluated.

Mr. Fazio indicated that infiltration beds under each parking lot would handle the storm water from the site. The system will be designed prior to formal plan submission. Mr. Hughes indicated that the sketch plan prepared would require 5 waivers. They are: a waiver form parking lot curbing, planting Island width, off street parking area distance, Storm water calculations and possible parking space reductions.

Sandy Baggot provided the planners with an overview of the proposed tavern renovations to office space as well as the proposed new carriage house. She indicated that since the tavern is on the historical registry, rehabbing the building will need to comply with specific architectural standards.

Mr. Fazio reviewed Kelly Engineer’s review letter and will address the comments for preliminary plan submission with specific attention to the parking. Mr. Fazio indicated that he was looking to reduce impervious surface and run off with the original design but will address the number of parking spaces as well as uses in the building.

Mr. Hamaday asked Mr. Fazio if the County would consider installing internal sidewalks from the intersection of Providence Rd and Rose Tree Rd to allow pedestrians quick access to the interior of the Park. Mr. Fazio would address that concern with the County. Mr. Dunn also suggested low-level lighting along all the interior sidewalks. Mr. Martin question whether there where any steep slope issues involved with the construction of the new carriage house. Mr. Fazio indicated that he believed there were none but would review.

Mr. Solomon indicated that he was glade that the tavern would now be used and asked about the proposed use and the proposed tree removal. Ms. Baggot indicated that most of the existing trees will remain and Mr. Fazio added that the proposed use is similar to the other County office uses within the Park. He added that the County will need a variance for the use since the new RO zoning of the property prohibits commercial use. Ms. Hunter asked for clarification on the Historical registry of the property. Ms. Baggot indicated that the required paperwork is being prepared for submission to the State with regard to the taverns historical significance.

The planners thanked the applicants for the County for their presentation and indicated they looked forward to the formal submission.

Ordinance reviews

Billboard Ordinance Amendments
Mr. Pappano reviewed the Steen advertising Zoning Board case as well as his memorandum regarding case law on billboards. Mr. Pappano suggested that there are code requirements concerning billboards such as location, height, size, and issues affecting the health, safety and welfare of the community, etc than can sustain a court challenge.

Mr. Solomon asked Mr. Pappano to prepare a draft ordinance for the planners to review regarding amendments to the sign ordinance for billboards.

Construction within Flood Plains
Mr. Solomon indicated that the planners had received a memorandum from Kevin Matson regarding possible changes to the Township’s current flood plain regulations. The memorandum compared several local municipal flood plain ordinances and indicated that there were no local municipalities that banned construction within the flood plain. Mr. Kelly indicated that prohibiting construction in the flood plain would be very risky and could amount to a taking of land by the Township. He supplied information to the planners regarding flood plains and potential dangers of restricting construction he obtained from Floods.org, a website dealing with flood plains.

Mr. Solomon indicated that he believes Wilkes Barre does prohibit construction with the flood plain and would try to obtain additional information. The planners indicated that regulations for construction in the flood plain are necessary for insurance reasons as well as a safety measure.

Mr. Kelly would be preparing additional information for the planners continued review of the subject.

Subdivision Application Procedure
Mr. Solomon provided an overview of the need to have additional procedures in place regarding subdivision plan submission. He mentioned an incomplete application that was submitted to beat an ordinance change. Mr. Kelly suggested a committee review procedure be considered to initial review an application before it proceeds through the process. He added that Concord does this and would obtain additional information for the planners.

Mr. Solomon also indicated that the issue of subdivision and land development applications receiving zoning relief before being submitted to the Planning Commission is also a problem. Mr. Pappano provided an overview of a procedure previously discussed where any subdivision or land development applications needing zoning relief must first be submitted to the planning commission before going to the Zoning Hearing Board. He pointed out that it may not be legally enforceable pursuant to the regulations of the MPC but some Townships have such a provision in place.

Mr. Solomon asked Mr. Pappano to prepare a draft ordinance with both a procedure for completeness and submission to the Planning Commission before the Zoning Hearing Board application.

Mr. Hamaday also added that the planners should consider time limits for granted zoning relief and would provided additional information for the next meeting.

None

There being no further business, Mr. Martin made a motion, seconded by Mr. Montgomery to adjourn the meeting at 8:00 PM. The motion was unanimously approved.


Respectfully submitted,