EAST
BRANDYWINE
TOWNSHIP
PLANNING COMMISSION
REGULAR SESSION
Wednesday,
August 4, 2004
-
7:30 PM
Those
in Attendance:
Mr.
Bruce Rawlings
, Chairman
Mr.
Stephen Cushman, Vice-Chairman
Mr.
Charles Giordano
, Member
Mrs.
Sandra E. Moser, Member
Mr.
Mervin Thomas, Member
Mr.
Scott T. Piersol
, Township Manager
Mr.
Albert Giannantonio, Township Engineer
Mrs.
Mary Beth Smedley, Township Secretary/Treasurer
Absent:
Mr.
Michael Corbin
, Member
Mrs.
Deborah Marshman, Member
Mrs.
Beth Valocchi, Ex Officio Member
Planning Commission
Meeting Minutes –
July 7, 2004
Mr.
Rawlings asked if there were additions or corrections to the above minutes.
There were none. Mrs. Moser
then made a motion to approve the above Minutes as submitted.
Mr. Cushman seconded the motion, with all voting Aye.
Scott
Zoning Hearing –
September
2, 2004
The
Zoning Hearing Board of East Brandywine Township will meet on Thursday,
September 2, 2004 to conduct a public hearing on the application of Gary and
Noreen Scott to install a swimming pool at their residence located at 129
Waring Drive in the Keats Glen Subdivision.
The property is located in the I/R Zoning District.
The proposed swimming pool will not comply with the minimum 25 foot
setback from the rear property line as required in Section 399-75.E of the
Zoning Ordinance.
Mr.
Scott explained that the proposed swimming pool does not meet the required
rear yard setbacks. The plan shows
the swimming pool 18 feet from the rear property line.
The rear of the property backs up to common open space that contains
woodlands and a detention basin. To
the left of the property is farm field, and to the right is the Warmhold
residence. Mr. Scott
provided a copy of a letter dated
July 29, 2004
from Mr. Warmhold stating that he
has no opposition to construction of the swimming pool.
One
reason that Mr. and Mrs. Scott chose this location for the pool is because it
is approximately 10 feet away from an existing deck.
A representative from the pool company
has suggested it would be a safety issue to have the pool placed closer to the
deck since a person could feasibly jump
from the deck into the pool. The
property slopes away from the Warmhold property so there should be no grading
problems. Mrs. Moser remains
concerned about granting these types of variances.
She was particularly concerned about noise from the filter.
Mr. Scott stated the filter would be placed to the left of the pool,
away from the Warmhold residence. Mr.
Rawlings suggested the applicant consider other locations for the pool prior
to the Zoning Hearing to see if they could diminish or eliminate the need for
the variance.
After
review of the plan, Mr. Cushman made a motion to recommend that the Planning
Commission take no position on this application.
Mr. Thomas seconded the motion with all voting Aye.
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
disposal 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 revised
preliminary plan.
20.
The applicant has
received a letter of adequacy from the Chester County Conservation District and
approval of the NPDES Permit.
26.
a. The sewage facilities
planning module has been approved by the Chester
County Health Department.
26.
b. The Planning
Commission agreed that the landscaping plan was adequate.
Mr. Rawlings did ask that Norway Spruce be used instead of White Pines.
The applicant agreed to this.
26.
c. The applicant has
agreed to provide orange construction fencing to define the limits of tree
clearing and protection. The detail
and location of the fencing protection will be provided on the final plan.
19.
Section 350-49.A – The
utility trench detail will be shown on the final plan.
Waiver
Request
The
applicant requested a waiver of payment of the traffic impact fees associated
with this development. Mr.
Mastronardo stated the subdivision only involved the creation of two additional
lots, and there are no new roadways or extension of existing roadways planned in
conjunction with this plan. The
Planning Commission felt that each additional lot does affect traffic in the
community and to recommend this waiver would be setting a precedent.
After review of the request, Mr. Cushman made a recommendation that the
Board of Supervisors deny this waiver request.
Mr. Thomas seconded the motion, with all voting Aye.
Preliminary
Plan Approval
Mr.
Cushman made a recommendation that the Board of Supervisors grant preliminary
plan approval for this subdivision with the condition that the applicant
satisfies all of the items outlined in the Yerkes review letter of
July 20, 2004
, and in these minutes.
Mr. Rawlings 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, engineer for the
project, discussed the road layout.
At
the last Planning Commission meeting, it was suggested that the applicant
consider moving Road A farther south on the property.
This may result in the loss of
Lot
15 or require reorientation of some
lot lines, but would also eliminate the 640 foot long segment that contains a
centerline grade of 9.5%. Section
350-34.B. of the Ordinance states 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. The Planning Commission does
not consider 640 feet a short
length. The Ordinance Task Force has
recommended 300 feet as a short length and in fact, the Zoning Ordinance is
proposed to be revised to reflect that number.
Mr.
Brower discussed the benefits of the road layout that was presented at the
last Planning Commission Meeting. He
stated that shifting the road to the south would result in more grading and
disturbance of the area. In
addition, the road would be placed very near wetlands, may impact some of the
large trees in the area, and could create a danger of de-watering the area.
Mr. Thomas asked Mr. Brower to review the grading throughout the road
system in the development. There
are other areas where the centerline grade exceeds 9%, for short distances.
The
Planning Commission is concerned that 640 feet at 9 ½ % may cause problems
with snow plowing, access for emergency vehicles and safety issues for
residents and visitors within the development.
Mr. Brower stated there were other roads in the Township that
had similar grades to the one he is proposing.
In addition, he stated that overall grades exceeding 9% is a small
percentage of the entire road. Mr.
Cushman suggested that Mr. Brower may want to look at the percentage and
provide this information to the Planning Commission for their review.
In
order for the Planning Commission to give an opinion, Mr. Brower was asked to
provide a plan for the road layout suggested at the last Planning Commission
meeting. Mr. Giannantonio stated that
unless the applicant provided the alternative road layout there was no
measurable way to determine if shifting the location of the road would cause
more grading and disturbance, or would impact the wetlands.
Mr. Giannantonio went on to say that if the preferred road layout was
the original design, snow and ice problems would be lessened because the road
has a south facing slope. Mr.
Brower will provide additional information on the alternate layout for
discussion at the next Planning Commission Meeting.
Decovny
- Extension
Mrs.
Smedley reported that the applicant is providing an extension for the Planning
Commission to review their application until
September 18, 2004
.
Mr. Rawlings made a recommendation that the Board of Supervisors accept
this extension. Mr. Thomas
seconded the motion, with all voting Aye.
AWI
Croppers – Extension
Mrs.
Smedley reported that the applicant is providing an extension for the Planning
Commission to review their application until
October 21, 2004
.
Mr. Rawlings made a recommendation that the Board of Supervisors accept
this extension. Mrs. Moser
seconded the motion, with all voting Aye.
Brandywine
Wallace
Elementary School
Last
Friday, Mrs. Smedley was informed by Planning Commission member Beth Valocchi
that the
School District
is taking the position that the
Brandywine-Wallace
Elementary
School
land development plan was complete,
and the 90-day clock for land development plan review was running. Mrs.
Smedley contacted Guy Donatelli of Lamb, Windle & McErlane last Friday to
discuss this issue.
The
Township’s position is that the submission was incomplete, since submissions
for the Chester County Soil and Conservation District NPDES permit, and the PA
DEP Sewage Facilities Planning Module, were not provided with the original
plan submission, provided to this Office on
June 14, 2004
. This fact has been acknowledged as
recently as
Friday, July 30, 2004
by Michael Dirks of Chester Valley
Engineers, Inc., in a discussion with Mrs. Smedley.
Mr.
Piersol and Mr. Gil Lappano, Facilities Director of the
School District
discussed this issue prior to the
submission of the land development plan. They agreed the Township would accept
a partial plan submission, and begin reviews only on the portions submitted,
and that the review time clock would not begin until such time as the
remaining items were received by
East
Brandywine
Township
for distribution.
Mr. Piersol sent a letter in regard to the above discussion, to Mr.
Lappano, and enclosed an excerpt from the Township Land Use Code, Subdivision
and Land Development, which applies to
this situation. Subsection 350-13 C states: “The application shall not be
deemed to be submitted until a complete application and the required
fees and the required escrow deposit all have been submitted.” Subsection
350-13 D requires copies of the plan be submitted to the Chester County Health
Department and the Chester County Conservation District.
East
Brandywine
Township
accepted this incomplete
application with the understanding that plan reviews would be initiated on the
items submitted. Acceptance of a partial submission would expedite the review
process for this land development plan
In
his letter, Mr. Piersol stated that, should the School District insist that a
complete submission was received by the Township on June 14, 2004, and the
90-day time clock for plan review was started, the Board of Supervisors will
exercise its option to deny the plan, due
to an incomplete plan submission, as provided by Section 350-14 B (3) of the
Township Land Use Code. Based on
this section, the Township would have until
October 13, 2004
to render a decision.
Mr.
Piersol requested a letter from the School District, their engineering firm,
or their Solicitor acknowledging the submission of an incomplete land
development plan for this project, agreeing that the 90-day time clock for
plan review has not started due to the
incomplete land development plan submission, and requesting the
Township continue its plan review upon
receipt of a revised plan set, prior to the Board of Supervisors’ public
meeting on Wednesday, August 18, 2004.
Trail
Easement Connection to HeatherWynd Development
At the July 7th
Planning Commission meeting, Momemee Associates showed an illustrative site
plan, which included a trail interconnection to the
Hopewell
subdivision property line. The
plan also showed a portion of the adjoining
Hopewell
development along
Tarrytown Lane
, and what appeared to be a trail located behind some of the homes. Mr.
Piersol investigated and found that the trail does not exist.
Since the Township
has been encouraging the creation of these passive recreation facilities
within new developments, the Planning Commission asked Mr. Piersol to
inquire if such a trail interconnection between the
Hopewell
development and the proposed HeatherWynd development could be discussed with
the Hopewell Homeowners Association.
Mr. Piersol
contacted Mr. Stephen Gallo from Rouse/Chamberlin Homes and asked him to
discuss this proposal with the Homeowners Association.
Mr. Gallo did so and reported that the Homeowners Association was not
interested in permitting a trail interconnection.
They did not see the trail as a
benefit to their community, only to residents in the HeatherWynd Development.
The Planning
Commission suggested that Mr. Piersol and Mr. Rawlings meet with members of
the Homeowners Association to discuss the benefits to their development, and
to the community as a whole. The
Township has a plan to create a trail “spine” to
eventually link our parks with the Struble Trail.
Interconnection with other developments is part of our master plan.
Mrs. Smedley will contact Mr. Gallo to make these
arrangements.
Ordinance Task
Force
Mr. Piersol
reported that the Township has received reviews from the
Chester
County
Planning Commission on two Vision
Partnership Program Grant applications. The
reviews will be discussed at the
August 25, 2004
Ordinance Task Force Meeting.
Adjournment
There
being no further business, Mr. Cushman made a motion to adjourn the meeting.
Mr. Rawlings seconded the motion, with all voting Aye.
The meeting was adjourned at
9:15 P.M.
Respectfully
submitted,
Mary
Beth Smedley
Secretary/Treasurer
East
Brandywine
Township