EAST
BRANDYWINE
TOWNSHIP
PLANNING COMMISSION
REGULAR SESSION
Wednesday, June
2, 2004 - 7:30 PM
Those
in Attendance:
Mr.
Bruce Rawlings
, Chairman
Mr.
Stephen Cushman, Vice-Chairman
Mrs.
Deborah Marshman
, Member
Mrs.
Sandra E. Moser, Member
Mr.
Mervin Thomas, Member
Mrs.
Beth Valocchi, Ex-Officio Member
Mr.
Scott T. Piersol
, Township Manager
Mr.
Albert Giannantonio, Township Engineer
Mr.
Michael Mayhew, Township Engineer
Mrs.
Mary Beth Smedley, Township Secretary/Treasurer
Absent:
Mr.
Michael Corbin
, Member
Mr.
Charles Giordano, Member
Planning
Commission Meeting Minutes – May 5, 2004
Mr. Rawlings asked if there were additions or
corrections to the above minutes. There
were none. Mr. Thomas then made a
motion to approve the above Minutes as submitted.
Mrs. Marshman seconded the motion, with all voting Aye.
Lyndell Pointe
The plans depict a proposed 27-lot subdivision on an
existing 52.86-acre tract located east of
Corner Ketch Road
and north of
Waring Drive
.
The site is zoned R-2 and is being developed under the Cluster
Development Option with a minimum lot size of 30,000 square feet.
The plans indicate that each lot is to be served by on-site sewer and
public water. The use of public
water for this development required a conditional use approval by the Township
Board of Supervisors. A Conditional
Use Hearing was held on December 4, 2003 and was granted, with conditions, on
February 5, 2004.
Mr.
Tim Townes stated that at a previous Planning Commission Meeting, Mr. Thomas and
Mrs. Marshman recalled that a portion of the property had, at one time, been
used as a dumping site. Although a
Phase I environmental study completed at the request of J. Loew and Associates
showed no dumping had taken place, a subsequent tour of the property by Mr.
Townes, Mr. Piersol, Mr. Thomas and Mr. Dan Arters, a long-time Township
resident revealed there had indeed been dumping on the property in the vicinity
of the proposed
Lot
21. The site contains restaurant
trash, some plastics and used motor oil. The Pennsylvania Department of
Environmental Protection will require the applicant do some remediation of the
affected area. The applicant is
waiting for results of the Phase II environmental study.
Because
of the dumping, Mr. Townes said that the engineer would reconfigure the lot line
to contain this area so there will be a separation from the proposed home. In
addition, there will be a deed restriction on the property so that whoever
purchases
Lot
21 will need to notify PADEP before they can disturb any earth where the trash
is located. Although this doesn’t
mean that a structure or swimming pool cannot be built in that area, it does
legally bind the homeowner to notify PADEP, and to follow their guidelines for
proper disposal of the waste removed by the construction.
The area will also be capped with 2 feet of topsoil that will be isolated
from the contaminated material by a plastic liner.
Mr. Townes assured the Planning Commission that the site does not contain
any materials that could pose a health hazard.
Mr.
Piersol and Mr. Thomas have concerns about enforcing this sort of deed
restriction. Although the first homeowner of the property will be well aware of
any restrictions placed on the parcel, they aren’t sure there is a reliable
mechanism in place to ensure that subsequent property owners will understand, or
follow, those restrictions. It may
be left to the Township to be aware of any activity that might occur in the
dumping area.
Mr.
Thomas is also concerned that moving the location of the house may cause water
problems in the basement since it is near an existing pond.
The level of water in the pond is 8 feet higher than where they plan to
build the house. Mr. Townes stated he will review this with his engineer to make
sure there are no water problems.
After
discussion, Mr. Townes agreed to add a note to the plan outlining the proposed
restrictions, to deed restrict the property and review the language with his
attorney, and to provide disclosure information about the dumping site for the
Township to review. In addition, he
will provide a copy of the Phase II environmental study to the Township once it
is completed.
HeatherWynd
Subdivision AKA McCausland Tract
The applicant is proposing a 21 lot single family
home development, each lot to be at least 45,000 SF net as allowed in the R-2
cluster zoning. Homes will be 3,500
to 5,000 SF. The cost of the homes
is projected to be between $400,000 and $700,000.
Public water and onsite septic systems will serve the property.
The plan depicts a 21-lot subdivision on 35.3+ acres on
Corner Ketch Road
.
The development will be accessed by a boulevard type street with an 18
feet wide, tree-lined center island and each of the boulevard roads will be 18
feet wide. At the June 4, 2003
Planning Commission meeting, Mr. Gambone stated he was willing to share in the
funding of road improvements to Corner/Ketch Road within the vicinity of the
project.
Mr. Andrew Rau, attorney for the applicant, Mr.
Richard Burke from the Gambone Development Company and Mr. Michael Bowker from
Momenee and Associates discussed the Yerkes review letter of May 27, 2004.
Mr.
Rau stated that the applicant will comply with the outstanding items in the
Yerkes review letter, but did want to discuss several waivers they are
requesting.
Subdivision
and Land Development Ordinance
Section
350-34.C.1 – Vertical curve shall be used at changes of grading exceeding 1%
and shall be designed in relation to the extent of the grade change (at a rate
no more abrupt than 1% change in grade per 25 feet along the center line)
provided that the following minimum design speeds are maintained:
a.
Local street, crest vertical curve,
minimum design speed: 35 mph.
b.
Collector street, crest vertical
curve, minimum design speed: 50 mph
c.
Arterial street, crest vertical
curve, minimum design speed: 60 mph.
The
applicant is requesting a waiver from this section of the Ordinance and agreed
to provide 25 feet for every 1% change in grade for vertical curves and to post
25 mph speed limit signs. Mr. Mayhew
and the Planning Commission do not object to this waiver request.
Section
350-44.B – The applicant would like to provide rolled curb in lieu of 18”
vertical curb. Although
there are concerns that the use of rolled curb may need additional maintenance,
the Planning Commission prefers the rural look and flexibility it gives in
driveway replacement. The applicant
has agreed that if the Board of Supervisors grants a waiver from this Section of
the Ordinance they will make provisions to extend the 18-month maintenance bond
on the curb only, if the Board of Supervisors or Township Engineer request it.
A note will be added to the plan and this will be outlined in the
Developer’s Agreement. With that assurance, the Planning Commission did
support granting this waiver.
2.
Section 399-15.B.1 – The
applicant has indicated that they are in the process of obtaining a
Jurisdictional Determination boundary by the U.S. Army Corps of Engineers.
Mr. Mayhew stated the Jurisdictional Determination should be obtained
prior to preliminary plan approval being granted. The applicant was asked when
they expect to receive the determination. Mr.
Burke stated they should be received within 30 to 60 days.
The Planning Commission was reluctant to consider a recommendation for
preliminary plan approval without this information since the approval sets the
lot lines. Mr. Rau stated that the
applicant would be willing to take a risk that the lot lines might need to be
changed, and the preliminary plan approval would be invalid.
The Planning Commission would like an update on the status of the JD
before they recommend preliminary plan approval to the Supervisors.
The Township’s Landscape Architect has not
completed his review, but has been in discussions with Mr. Bowker regarding
complying with the Township’s Woodland Management Objectives.
These solutions include increased buffer plantings, hybrid seed mixtures
for the surface stormwater management basin, replanting within the wetlands and
the cleanup of the wetland area. Additional
compensation for the required plantings may include providing the Township
additional plantings for parks or other Township owned land.
Mrs. Moser suggested we consider requiring fewer trees, but of a higher
quality than those usually planted. The
Planning Commission would like to see the actual landscape plan, along with Mr.
Kummer’s comments prior to recommending preliminary plan approval.
As stated in previous minutes, the applicant has
agreed to pay their proportional share of road improvements on
Corner Ketch Road
.
A note will be added to the plan.
26.
Section
350-50.2 – The Planning Commission will recommend to the Board of Supervisors
whether lands and/or a fee in lieu of land will best meet the Township’s
objectives for active recreation opportunities, or other open space areas. The
Planning Commission would like a trail on the property and asked to see the
location of the trail on the next submission.
If the Planning Commission agrees to the trail proposal, this may
partially reduce the fee-in-lieu of open space.
Echo
Dell Builders
The owners and
applicants of the subdivision are Echo Dell Builders, Inc. and James A. and
Jeanette B. Crouthamel. The
project site is located on the east side of
Echo Dell Road
between
Pancoast Lane
and
Hopewell Road
and is in the R-1 Residential District. The site currently consists of three
existing properties, Parcels 30-02-86.29, 30-02-101.0 and 30-02-101.1.
Echo Dell Builders, Inc. currently own parcels 86.29 and 101.1 and Mr.
and Mrs. Crouthamel own Parcel 101. The
total combined property area is 11.798 acres.
The Crouthamel property contains an existing 2-story dwelling,
driveway, well, and on-site septic system.
The paved driveway has access from
Echo Dell Road
, which has a 50-foot access and utility easement over the adjacent White
property. Echo Dell Builders, Inc.
properties contains an existing 2 story dwelling, driveway, well, on-site
septic system and pond area. The
driveway has a 50-foot access easement over the Crouthamel property and
connects with the drive to their lot.
The plan proposes to combine the three parcels and
re-subdivide the property into 4 lots.
Lot
#1 will be 2.485 acres
and will retain the existing Crouthamel dwelling and utilities and maintain its
existing acreage with no new construction proposed.
A portion of the connecting stone driveway is to be removed.
A new driveway is proposed for access to the remaining Lots #2, 3 and 4.
Lots #2 and #3 will be 2.473 acres and 3.969 acres respectively, and
contain a new dwelling, well, on-site septic system and underground seepage bed
on each. Lot #2 will contain the
existing septic area and a replacement septic area easement for
Lot
#1.
Lot
#3 will contain the
existing pond as a drainage easement.
Lot
#4 will be 2.871 acres
in size and will retain the existing Echo Dell dwelling and utilities with no
new construction proposed.
Mr. Joseph Mastronardo, Engineer for the applicant,
discussed the Yerkes review letter of May 28, 2004.
The applicant stated that
Lot
4 has been
reconfigured to place the dwelling so that it does not encroach on the front
yard setback.
The Chester County Health Department has reviewed the
sewage facilities planning module and has asked for additional information.
The applicant has not submitted this information yet because they are
waiting for the results of additional testing.
A site has been found on
Lot
1 for a secondary system, if needed.
This information will be added to the plan.
Although the applicant has provided a list of trees,
the Planning Commission would like to see more specific information, along with
a list of replacement trees. The
Planning Commission has asked that orange construction fence be installed to
show the limits of clearing, and to protect the trees that are to remain.
The applicant has agreed to pay the $4,000
fee-in-lieu of open space for the creation of two new lots.
A letter will be forwarded to the Township requesting a waiver from
paying traffic impact fees.
Additional information is being submitted to the
Chester County Conservation District in order for them to approve the plan.
Extension
Mr. Thomas made a motion to recommend that the Board
of Supervisors accepts an extension to review the plan until July 22, 2004.
Mrs. Moser seconded the motion, with all voting Aye.
Decovny
Subdivision
The plans depict a proposed 26 lot subdivision of an
existing 89.211 acre parcel (tax map parcel 30-6-20) located on the north side
of Dowlin Forge Road. The parcel
contains an existing farmhouse and farmstead buildings, wooded steep slopes,
ponds, wetlands, and a tributary stream to the East Branch of the Brandywine
Creek. The parcel is situated within
the R-1 Zoning District and each lot is to be served by on-site water supply and
sewage disposal. Mr. Greg Balbirnie
from
Robert
Bruce
Homes
and Mr. Adam Brower
from E.B. Walsh & Associates, Inc. discussed the Yerkes May 28, 2004 review
letter.
Mr. Brower provided the Planning Commission with a
Cluster Option Yield Study. He
determined that the maximum number of lots allowed under the cluster option is
28 lots.
26.
Section
350-34.B. – Centerline grades shall not exceed 7 percent, except that a
maximum grade of 10 percent may be permitted for short lengths where natural
contours provide conditions for minimal grading at the steeper grade.
Road A has been redesigned with a 640 foot long segment that contains a
centerline grade of 9.5 percent. In
his review letter, Mr. Conrad stated that the proposed road layout should be
reconfigured to minimize the length of road that contains maximum centerline
grades. Mr. Brower stated a further
refinement would result in excessive fill in the area of the stream or excessive
cut through the steep slope area. He
further stated that other approved developments in the Township have had similar
centerline grades, namely the Cumberland Ridge Development.
Another alternative would be to lengthen the
cul-de-sac on the northeastern portion of the property to approximately 2,000
feet in length that would be utilized by 17 lots.
The Planning Commission would not support a waiver for a cul-de-sac of
this length.
42.
Mr.
Conrad suggested that Road “B” be designed to eliminate the turnaround
circle since it only provides frontage for one lot (
Lot
15). Mr.
Brower stated that although the cul-de-sac only serves one lot, it is necessary
to provide the configuration shown. The
minimum horizontal curve would be problematic with respect to the lot layout and
environmentally sensitive areas.
45.
The
proposed walking trail easement encroaches into wetland areas.
The applicant revised the plan to locate the easement outside sensitive
areas where possible. The location
of the wetlands versus the requested trail route makes it necessary to traverse
a section of wetlands. The Planning
Commission requested the trail be paved, or have a boardwalk installed in the
wetlands area, rather than mulch. Mrs.
Moser asked that native shrubs be used for tree replacement in the vicinity of
the trail.
The Planning Commission remains concerned that Lots
21, 22, 23, 26 and 46 enter directly on to
Dowlin Forge Road
.
Mr. Brower was asked to consider look at installing common driveways as a
way to reduce the number of entrances.
34.
Section
350-48.C.2 – The applicant will provide a water supply test well report which
addresses the requirements outlined by this section.
Extension
Mr. Cushman made a motion to recommend that the Board
of Supervisors accepts an extension to review the plan until August 8, 2004.
Mrs. Marshman seconded the motion, with all voting Aye.
AWI/Croppers
Extension
Mr. Rawlings made a motion to recommend that the
Board of Supervisors accepts an extension to review the plan until August 17,
2004. Mrs. Moser seconded the
motion, with all voting Aye.
Kratz
Zoning Hearing – July 1, 2004
The Zoning Hearing Board will meet July 1, 2004 at
7:30 P.M. to conduct a public hearing on the application of Mr. and Mrs.
Kratz. Mr. and Mrs. Kratz’s
lot is 1.36 acres in the R-2 Zoning District. The lot is non-conforming with
regard to minimum lot size and frontage (150’ wide, 175’ is required).
The existing A-frame home is currently less than the required 40-foot
side-yard setback measured from the rear corner of their home.
Several neighbors have constructed similar additions.
The surrounding property owners have no objection to this addition.
Mr. and Mrs. Kratz propose to construct a small
addition to add to the existing kitchen and bedroom areas, and create a dining
room. They have applied for a variance requesting a side-yard setback of not
less than 25 feet. They have not
obtained construction plans yet, until they determine whether this variance
request will be approved.
After review of the application the Planning
Commission took no position, but did ask that the Flanagan’s letter of support
for the addition, and a site plan showing the location of the existing well be
provided to the Zoning Hearing Board.
Sofia
Zoning Hearing – July 1, 2004
The Zoning Hearing Board will meet July 1, 2004 to
conduct a public hearing on the application of Frank Sofia.
The applicant is proposing to construct an 18’ by 40’ swimming pool
in the
Hopewell
subdivision that does
not meet the required 25 foot setback from the rear property line.
At its closest point it is 10’ from the rear lot line.
The pool does meet the provisions for the side-yard setbacks.
Mr. Sofia explained that due to the unevenness of the
property, the only suitable location for the pool is directly behind his home.
He also provided letters from all adjacent property owners, all of whom have no
objection to the swimming pool.
Mr. Rawlings stated that he is concerned about
allowing these sorts of projections into required yards without the applicant
demonstrating a hardship. He went on
to say that the size of the pool is large and the applicant could consider
installing a smaller pool that may meet the required rear yard setback.
In addition, the Planning Commission stated that, if
a variance were granted by the Zoning Hearing Board, the applicant should be
required to provide a grading plan to ensure there is no additional runoff to
neighboring properties. A grading
plan should be provided even if the pool were reconfigured to meet required
setbacks because of the topography of the property.
After review of the plan, Mr. Rawlings made a motion
to state that the Planning Commission remains very concerned about permitting
encroachments into the required setback, without demonstrable hardship.
Mrs. Moser seconded the motion, with all voting Aye.
Mr. Rawlings will attend the Zoning Hearing on behalf of the Planning
Commission.
Ordinance
Task Force
The next two Ordinance Task Force Meetings will be
held Tuesday, June 15, 2004 at 7:30 P.M. and
Wednesday June 30, 2004 at 7:30 P.M. Mr.
Cushman asked that as many members attend at possible. The June 23, 2004 meeting
has been cancelled.
McCahon
Subdivision
Mr. Thomas asked Mr. Giannantonio to update the
Planning Commission about grading problems with the common driveways at this
site. Mr. Giannantonio sent a letter
to Mr. McCahon outlining the corrective measures that need to be taken.
To date, he has had no reply. He
will contact him again. Mr. Piersol
stated again that the Township will not issue use and occupancy permits for the
new homes in the development until the above items are corrected.
Adjournment
There
being no further business, Mrs. Marshman made a motion to adjourn the meeting.
Mr. Thomas seconded the motion, with all voting Aye.
The meeting was adjourned at 10:05 PM.
Respectfully
submitted,
Mary
Beth Smedley
Secretary/Treasurer
East
Brandywine
Township