TUESDAY, JULY 11, 2017


Planning Commission:
Bill Westhafer, Chairman, Andre von Hoyer, Vice Chairman, Michael Churchill, Andy Motel, and Michael Richter. Wendy Leland and Michael Allen were absent.
Dan Wright and Thomas Comitta
Linda Csete and Lisa Gardner

Call to Order:

7:30 p.m.


There were no announcements.

Approval of Minutes

June 13, 2017 Minutes

Mr. Richter moved to approve the minutes of June 13, 2017 and Mr. Westhafer seconded. Mr. Westhafer called for discussion, and there being none, called the vote. All were in favor.

Plan Review

Lillmars Conditional Use

Mr. Bradford Grauel, PLS, OTM Engineering, LLC, and Mr. Don Allen, were present for a review of Lillmars’ Conditional Use Application. They are seeking approval for construction of a single family home and on-lot sewage system in areas of steep slope at 2212 Bodine Road. The property is zoned FR and bisected by Pigeon Run, that runs south to north through the center of the 6 acre property. The home will be in the front portion of the lot. Mr. Grauel provided copies of the return receipts from the property owners located within 250 feet of the property who received notice of tonight’s meeting.

Advanced GeoServices review letter dated June 26, 2017:

Items #1 & 2 Facts-The dwelling, driveway, and on-lot septic system will all impact the steep slope. The construction is to be on a part of the steep slope. There will be a 52% disturbance then restoration of .42 acres or 18% of the steep slope.

Item#3 Mr. Wright requested copies to verify delineations of flood plain, flood hazard, and wetland areas. Will comply.

Item #4 Fact-Two Conditional Uses will require approval: the construction of a single family dwelling and construction of a driveway within steep slopes.

Item#5 Mr. Wright stated that the septic bed could not be in the steep slope, the tank could, but not the trenches. This may require a variance if it cannot be adjusted. Mr. Grauel and everyone present agreed that this was a very constricting lot for building.

Item #6 The plan shall be updated to show only the steep and very steep slope changes in grade according to Zoning Ordinance requirements. Will comply.

Item #7 Mr. Wright advised Mr. Grauel to be prepared to tell the Board how the driveway and dwelling meet the Standards for Approval for the Ordinance. Will comply.

Item #8 The Net Lot Area calculation shall be included on the plan. Will comply.

Item #9 There is only .87 of an acre of disturbance so no NPDES permit is required.

Item #10 Mr. Wright notified Mr. Grauel that the stormwater plan needed to be included in the hearing to justify the integrity of the data. Mr. Grauel was not aware of this.

Item #11 Mr. Wright, Mr. Grauel, and Mr. D. Allen, discussed the option of construction on the eastern side of the creek. Mr. Grauel stated that they are trying to avoid impacting sensitive areas as much as possible.

Mr. Wright offered to work with Mr. Grauel on the above points.

Mr. Comitta’s letter stated there were three trees that he wants to see tree protection fencing around; the rest of the letter from Tomas Comitta Associates was noted as “will comply”.

Other topics discussed:

Mr. Steven Martin, a neighbor to the south, described a washed away pipe. Stormwater runoff will travel down the driveway into a yard drain at the turnaround in the driveway. He believes there will be runoff between the two homes due to the terrain and driveway slope. Since there is only brush, not trees, between the two properties, he pointed out how headlights will be shining into his home. Mr. Grauel said due to the slopes, the driveway may not be reconfigurable. Mr. Grauel stated the landscape architect will be asked to take care of these issues. Mr. Martin also said to kindly consider his pool and his privacy there too.

Members questioned the applicants regarding plans for the second lot to the east, even though there is no frontage. Mr. D. Allen said he has no intent to subdivide although the ability to do so was a point the seller made. Members told Mr. D. Allen that the subdivision of this lot had been denied in the past. Members remained concerned about Mr. D. Allen building behind the home, selling the property to someone who wants to do so, or returning to the Commission with a desire to add a driveway extending back to the non-frontage area.

Mr. von Hoyer wanted to make no further subdivision a condition for the recommendation of the Conditional Use. He made a motion to recommend approval of the application with the deed restriction as a condition, plus compliance with the consultants’ review letters including landscaping and tree protection. Mr. Motel said by requiring a deed restriction, the land could not be donated to the Township as Open Space. He suggested instead that the owner consider a future Open Space conservation easement. In light of this comment, Mr. von Hoyer withdrew his motion.

Mrs. Csete advised Mr. Grauel that the hearing was already scheduled at last night’s Board of Supervisors Meeting. It is scheduled for August 7, 2017 at 7:00 p.m. at the Great Valley Middle School.

Mr. Motel moved to recommend the Lillmars Conditional Use Application pending compliance with the stipulations in both review letters, including several changes to the plan, the protection of the trees, and the applicant’s consideration of a future easement. Mr. Richter seconded. Mr. von Hoyer was opposed because he wanted the property restricted from further subdivision. Mr. Westhafer called for discussion, and there being none, called the vote. Therefore, four were in favor, and Mr. von Hoyer was opposed.

General Planning Items

Review of Plans for South Parking Lot at Charlestown Park

Mr. Brower, of Edward B. Walsh and Associates, Inc. reviewed the land development plan provided for improvements to the South Parking Lot at Charlestown Park. The improvements include resurfacing, striping, lighting, sidewalks, and landscaping. Mr. Brower stated that all points from letters from Thomas Comitta Associates, Inc., and Advanced GeoServices, will be incorporated into the plan.

Other points of discussion:

Mr. Richter moved to proceed with the plans for the South Parking Lot at Charlestown Park and Mr. Churchill seconded. Mr. Westhafer called for discussion, and there being none, called the vote. All were in favor.

Follow Up Discussion from Strategic Planning Session

The Planning Commission stated that all items have been finished from the April 1st Strategic Planning Session.

Other Business

Mr. Motel reminded Members that they still needed to review the objective criteria for Conditional Uses, as mentioned by Mr. Bender.

The August meeting will include a review of the small cell towers that the P.U.C. no longer regulates. Mr. Thompson is drafting a Distributed Antenna Systems (DAS) Ordinance.

Administrative Note

Any documents referred to in the minutes are available to the public upon request to the Township office.

Action Items

No action items were identified this evening.


There being no further business, Mr. Westhafer adjourned the meeting at 8:55 p.m.

Respectfully submitted,

Lisa Gardner
Recording Secretary