NEWTOWN TOWNSHIP

BOARD OF SUPERVISORS

OCTOBER 10, 2001


MINUTES WERE APPROVED at the regular meeting October 24, 2001.REGULAR MEETING OF 10/10/01:  Mr. Harp moved to approve the minutes of the 10/10/01 regular meeting.  The motion was seconded by Mr. Jirele and passed unanimously.


The Newtown Township Board of Supervisors met on Wednesday, October 10, 2001, in the Township meeting room at 8:00 PM.  In attendance were Supervisors: Chairman Stephen Sanderlin, Vice Chairman Tom Jirele, Secretary/Treasurer Scott Harp, Member Raymond Goodnoe and Member Richard Weaver.  Also present were: HARB Co-Chairman Terry McLean, Sycamore Street Committee Chairman Vince Lombardi, Township Solicitor Stephen Harris, Township Engineer Bob Larason, Police Chief Martin Duffy, Interim Township Manager Tom Harwood and Township Finance Director Elaine Gibbs.

 

GENERAL INTEREST SECTION

 

CALL TO ORDER:  Chairman Sanderlin called the regular meeting to order at 8:00 PM with a moment of silence.  

INVOCATION:  Given by Senior Pastor Donald Schuler of the Genesis Community Church.  This was followed by the Pledge of Allegiance.  

SPECIAL ACTIONS: 

POLICE COMMENDATION:  Mr. Sanderlin read a letter he wrote to approximately 20 officers in several nearby police departments commending them for their actions during a pursuit that took place on 9/26/01.  Mr. Sanderlin also awarded a Certificate of Accomplishment to Sergeant Robert Matthews and Dispatcher Jean Tanner.  Mr. Sanderlin presented Proclamations to Officers Clifton, Huff and Bell honoring their work during this incident.  

ADDITIONS TO THE AGENDA:  None. 

MINUTES, BILLS LIST AND REPORTS:

APPROVAL OF MINUTES:

REGULAR MEETING OF 9/26/01:  Mr. Harp moved to approve the minutes of the 9/26/01 regular meeting.  The motion was seconded by Mr. Weaver and passed unanimously, with Mr. Jirele abstaining.

WORK SESSION OF 9/17/01:  Mr. Jirele moved to approve the minutes of the 9/17/01 work session.  The motion was seconded by Mr. Harp and passed unanimously. 

BILLS LIST:   

PAYMENT OF BILLS:   Mr. Harp moved to pay bills totaling $473,494.93; the motion was seconded by Mr. Jirele and passed unanimously.

INTERFUND TRANSFERS:  Mr. Harp moved to approve interfund transfers totaling $21,401.08; the motion was seconded by Mr. Weaver and passed unanimously. 

TREASURER’S REPORT:

STATE FUNDING:  Mr. Harp reported that he met this morning with administrative staff, Carroll Engineering and PennDOT representatives regarding the state grantmaking process.  

REPORTS OF COMMITTEES, BOARDS, COMMISSIONS:

CAPITAL PLANNING COMMITTEE:  Mr. Harp thanked committee members for their hard work, and stated that the committee will be making recommendations to the Supervisors soon. 

HISTORIC ARCHITECTURAL REVIEW BOARD:

CERTIFICATES OF APPROPRIATENESS: 

STEELE - 19 NORTH SYCAMORE STREET:   HARB Co-Chairman Terry McLean said there is some question about whether the proposed sign in this application conforms with the ordinance. 

Mr. Jirele moved to approve the Certificate of Appropriateness for 19 North Sycamore Street with the condition that, if the sign does not conform to the ordinance, a variance will be obtained.  The motion was seconded by Mr. Goodnoe and passed unanimously.

MERJESKI - 10 NORTH SYCAMORE STREET:  Mr. Goodnoe moved to approve the Certificate of Appropriateness for 10 North Sycamore Street.  The motion was seconded by Mr. Weaver. 

Discussion of motion:  Mr. Jirele noted that the sign in this application also does not conform to the ordinance; however, it is the same size as the existing sign.  Mr. Harris said that the variance continues unless the sign is changed structurally.

Mr. Goodnoe amended his motion to include the condition that, if the sign does not conform with the ordinance, a variance will be obtained.  Mr. Weaver amended his second.  The motion passed unanimously. 

ST. ANDREWS RECTORY:  Mr. McLean reported that HARB, the Joint Historic Commission and Father Picard of St. Andrews met last night to discuss the church’s plan to demolish the rectory, and there was no change in positions.  He stated that HARB continues to support the demolition, so that the renovation of the church can be completed, to improve parking and traffic circulation in the area, and to enable the church to build the proposed prayer garden and stone wall.  Materials from the rectory will be used in the proposed construction.  Mr. McLean stated that the alternative is a derelict building on Sycamore Street. 

Mr. Sanderlin said he also attended the meeting.  He noted that two processes are under way:  Certificate of Appropriateness approval, which involves a recommendation from HARB, and demolition permit approval, which involves a recommendation from the Joint Historic Commission.

Mr. Harris explained that the Certificate of Approval is needed before a demolition permit can be issued.  The Township must act on the Certificate of Approval within 30 days.  The Joint Historic Commission can request that the Township Zoning Officer hold the demolition permit application for an additional 60 days to allow them time to assess the historic value of the building. 

Larry Fink, Chairman of the Joint Historic Commission, made a formal request that the Zoning Officer hold the application for the demolition permit for 60 days beginning tonight.  Mr. Harwood acknowledged the request.

Roger Taylor, a member of HARB, said he felt that it was inappropriate that the Certificate of Appropriateness recommendation was signed several days after the Board’s vote on 9/19/01.  Mr. McLean responded that the paperwork was not prepared until 9/24, and it was signed by those members who had approved the recommendation on 9/19/01. 

Penny LaGrand, a member of the Joint Historic Commission, read a 10/5/01 letter from the Pennsylvania Historical and Museum Commission Bureau for Historic Preservation.  The letter stated that the Commission opposes the demolition of the rectory, and views the demolition as “highly adverse” and contrary to the Township’s Historic District ordinance.  Ms LaGrand stated that the Joint Historic Commission has agreed to fund any advertising and publicity needed to find a buyer for the building.

Mr. Sanderlin said he hoped the publicity campaign will be successful.  Mr. McLean said that HARB also has that hope.  Mr. Jirele said 60 days is probably not enough time; he asked if the church would grant an extension of that time.  Mr. McKernan, the church’s architect, said that Father Picard is willing to consider an extension at the end of the 60 day period.

Mr. McKernan asked who owns any historically valuable architectural features in the rectory, and who pays the costs of salvaging them.  Mr. Sanderlin said that the materials in the building belong to the church.  If the church plans to discard the materials, the Joint Historic Commission can claim them.  Mr. Harris said that there is usually little cost associated with salvaging the materials when the demolition contractor is informed of the need to save them.

Mr. Jirele said that Exhibit A (the HARB recommendation) needs to be amended to show that the Joint Historic Commission can request a 60 day extension.  Also, the last sentence should read:  “Document is to take form of a facade easement”.  He said these changes are necessary to conform with the ordinance. 

Mr. Harp moved to approve the Certificate of Appropriateness for the demolition of the St. Andrews rectory, in accordance with the HARB recommendation in Exhibit A as amended by Mr. Jirele’s suggestions above,  The motion was seconded by Mr. Weaver.

Discussion of motion:  Mr. Jirele said that the McMaster house was a similar case, and the Township now has a beautifully restored historic property because it was not demolished.  Mr. Sanderlin and Mr. Goodnoe said they believe the search for a buyer will be successful.  Mr. Sanderlin suggested that the motion be amended to require that the applicant appear before the Board of Supervisors before the end of the 60 day period.

Mr. Harp agreed to amend his motion to require the applicant to appear before the Board of Supervisors before the end of the 60 day period requested by the Joint Historic Commission, and Mr. Weaver amended his second.  The motion passed 4-1, with Mr. Jirele voting “nay”. 

PLANNING COMMISSION:  Vince Lombardi, Secretary of the Planning Commission, reported on their 10/2/01 meeting.  The Commission heard a report from the Traffic Engineer on several current projects.  They also reviewed a preliminary plan for the 413 Office Center and recommended approval with several conditions. 

The Commission reviewed requests for a PRD variance and for a revision of the final plan for Penns Preserve.  They recommended approval for both requests.  In addition, they discussed the possible rezoning of the Eagle Road and Durham Road area with a number of area residents, and heard about an upcoming program at Villanova University about alternatives to the detention basin system of stormwater management. 

SYCAMORE STREET COMMITTEE:  Mr. Lombardi also reported on the work of the Sycamore Street Committee, of which he is the Chairman.  The Committee met on 10/9/01 and discussed the utility companies’ work so far, the budget, securing construction easements and obtaining grants.

Mr. Goodnoe asked why Sycamore Street was closed for a time today, and who permitted the closing.  Mr. Lombardi said he knew that some daytime work had to be done, but he was not aware that the street had been closed.  Mr. Harwood said he was not aware of the closing.  Mr. Lombardi said he will follow up on this issue.  Mr. Jirele suggested that any resident who sees this happen should call the Township Manager.   

Mr. Larason provided copies of a 10/1/01 letter from Representative Steil to PennDOT which asked that the Sycamore Street project be the first priority for state funding in 2002. 

CONDITIONAL USE - QUALTECH MOLECULAR LABORATORIES - 300 PHEASANT RUN - TMP# 29-10-133:  Frank Lynch, Vice President for Operations, was present to discuss his request for D-1 Office Use (2,000 square feet) and G-2 Office/Research Use (3,000 square feet) in the Light Industrial District.  Mr. Lynch provided a letter which addressed the Planning Commission’s concern about disposal of medically hazardous waste.  He stated that the company generates less than one liter a month of waste, which will be removed periodically by a qualified waste removal company.  Mr. Lynch affirmed the information about Qualtech’s operations in the Planning Commission’s 9/20/01 letter.

Mr. Goodnoe moved to approve D-1 Office Use and G-2 Office/Research Use at this location, subject to the Heritage Conservancy’s letter of 8/28/01, Dr. Bernstein’s letter of 9/15/01 and the letter presented tonight about the disposal of hazardous waste.  Deliveries will be small packages via Fedex and UPS daily.  Small shipments will be made several times a week.  A maximum of seven employees will work a single shift, 8:00 AM to 5:00 PM, Monday through Friday.  There will be no negative environmental effects.  Sixteen parking spaces are provided.  The motion was seconded by Mr. Jirele and passed unanimously. 

MEMBERS COMMENTS:

STAFF ON ACTIVE MILITARY DUTY:  Mr. Sanderlin said that the Board received a 10/3/01 memo from Mr. Harwood concerning a staff member recently called to active military duty.  The memo states that the Township is not required to maintain the staff member’s salary level or benefits during his time on duty, but Mr. Harwood is recommending that the Township do so.

Mr. Sanderlin said he supports this recommendation.  Mr. Jirele said he also supports this recommendation, and said it should include accrual of the employee’s pension. 

Mr. Jirele moved to establish a policy requiring that the salary and benefits package, including accrual of pension, of an employee activated into military duty be maintained, in accordance with Mr. Harwood’s recommendations in his memo of 10/3/01.  The motion was seconded by Mr. Harp and passed unanimously.

MAKING A DIFFERENCE:  Mr. Goodnoe said that the next Making a Difference seminar for officers of homeowners associations will take place on 10/20/01.  He provided a synopsis of the previous three seminars, with agendas and participant evaluations.

SWAMP ROAD STUDY:  Mr. Jirele said that the Citizens Advisory Committee has been meeting since the end of July with Urban Engineers.  The first public meeting was held in Wrightstown last week.  Mr. Jirele said that a public meeting in Newtown is planned, but the only date which seems possible in the Municipal Complex is 10/19/01, a Friday night.  Several other venues were suggested.  Mr. Jirele said he will investigate alternatives, confirm the date, and publicize the meeting. 

Marcy Conti, a resident of Wrightstown, asked why there has been a delay in setting the date for the Newtown public meeting.  She was concerned that the recommendations of the study will not be available in time to put them on the TIP list.  Mr. Jirele responded that the Township can add a project to the list until December.  He said there is a Bucks County Planning Commission representative on the Swamp Road Study Citizens Advisory Committee, so they are aware of the project.  Mr. Larason confirmed that the Bucks County Planning Commission will send their recommendations to the Delaware Valley Regional Planning Commission in December. 

YMCA:  Mr. Harp announced that the Lower Bucks YMCA is investigating the possibility of establishing a YMCA facility in the Newtown area.  They have formed a steering committee, and Mr. Harp suggested that Township residents apply to serve on the committee. 

Mr. Weaver added that a YMCA would provide a community center at no cost to taxpayers, and they have experience in providing this kind of program.  He introduced Craig Briscoe, the CEO of the Lower Bucks YMCA. 

Mr. Briscoe explained the process by which the YMCA decides whether to come into a community.  He said that Alan Fidler, who chaired the Township’s Community Center Committee, supported the idea of the YMCA coming to the Newtown area. 

Joe Carracappa, a Lower Bucks YMCA board member, said that private athletic clubs sometimes challenge the YMCA’s nonprofit status, but these challenges have not been successful. 

Mr. Sanderlin said that the Supervisors visited the Central Bucks YMCA in Doylestown and found that an excellent model of cooperation with the municipal government and the schools.  Mr. Harp said that the Doylestown area is demographically similar to the Newtown area, and agreed that the Central Bucks YMCA is a good model.  He noted that many private health clubs seem to be thriving as well in the Doylestown area. 

COMMUNITY COMMENTS: 

Robert Williams, a Newtown resident, thanked the Supervisors for establishing the policy regarding the salary and benefits of active duty personnel.  He asked if taxpayers subsidize the Doylestown YMCA.  Mr. Sanderliin responded that Doylestown Township donated some land, but does not provide an ongoing subsidy to the YMCA. 

Russ Strover, a member of the Parks and Open Space Committee, thanked the volunteers who helped to plant trees at Roberts Ridge Park this weekend.

Jeff Stout, a resident of Stoopville Road, asked why the Board of Supervisors did not support Toll Brothers’ proposal for village housing on the Gray and McLaughlin Tracts.  He said he liked the proposal because it would spread 35 houses over 75 acres, and would include major improvements to Stoopville Road.  Mr. Sanderlin responded that there were problems, but the idea warrants further investigation.  Mr. Goodnoe commented that he is not interested in the plan because it puts too much density on the Newtown Township part of the site.  He also said he does not agree that Stoopville Road needs the proposed major improvements.  Mr. Jirele said that the Board remains open to the idea, but did not like the specific plan proposed at the work session on 9/17/01.

Mr. Harris noted that Upper Makefield began a conditional use hearing on the Gray Tract on 10/9/01. 

REPORTS OF OFFICIALS: 

CHAIRMAN: 

BUSINESS DEVELOPMENT COUNCIL:  Mr. Sanderlin reported that the Council met on 10/4/01.  District Justice Donald Nasshorn was the speaker.  The Council also discussed the new resident packets.  Their next meeting will be 11/1/01.  Mr. Sanderlin said that Mr. Weaver had expressed an interest in the Council, and he recommends that the Board appoint Mr. Weaver to serve as liaison to the Council when Mr. Sanderlin ends his term of office.

MANAGER:

AMENDMENTS TO POLICE DUTY MANUAL:  Mr. Harwood asked if the Board wanted to act on these amendments.  Mr. Sanderlin said he preferred to wait until the new Township Manager can review them.

PENNDOT 12 YEAR PLAN:  Mr. Larason said the TIP has been discussed, and the Board needs to take action on the proposed submission.  Mr. Larason noted that #5, the signal at Route 413 and North Drive, could be amended if the 413 Office Center development results in a signal at 413 and Municipal Drive.  Mr. Sanderlin read the proposed TIP list aloud at the request of a resident.

Mr. Larason provided copies of a 9/27/01 letter from the Newtown Grant Homeowners Association requesting that upgrading of weight restricted culverts on Swamp Road be the top priority project in the first four years of the 12 Year Plan, and that widening of Stoopville Road be postponed until the work on Swamp Road and a study of changes in traffic patterns on Stoopville Road are done.

Christopher Kennedy, a resident of Newtown Grant, spoke in support of the letter.  

Robert Williams, a Township resident, suggested switching #8 and #1 on the proposed TIP list.  He stated that a majority of Township voters would oppose widening Stoopville Road if the matter was put to a referendum. 

Marcy Conti, a resident of Wrightstown, John Green, a resident of Penns Preserve, and John D’Aprile stated their opposition to the widening of Stoopville Road and their belief that the proposed improvements will bring more traffic to the road.

Mr. Jirele moved to submit the Township TIP to PennDOT as proposed by Carroll Engineering, with a cover letter stating that the development of the 413 Office Center may affect project #5, and mentioning that the Swamp Road Study is under way and may result in an additional project submission.  The motion was seconded by Mr. Harp and passed unanimously. 

SALT BIDS 2001-2002:  Mr. Harwood referred to his memo of 9/21/01 regarding the results of the Bucks County Consortium’s bidding process for road salt.  The memo recommends that the bid of the International Salt Company, LLC, be accepted.  He estimated that the Township will need 800 tons of salt this winter. 

Mr. Harp moved to accept the bid of the International Salt Company, LLC, at $34.81 per ton delivered.  The motion was seconded by Mr. Jirele and passed unanimously.

SOLICITOR: 

ORDINANCE 2001-07 - JMZO CONSOLIDATION:  Mr. Harris said that adoption of this item should be placed on the Board’s agenda for the first meeting in November.

ORDINANCE 2001-08 - AMENDMENT TO JMZO - SIGNS ALONG THE BYPASS:  Mr. Harris said this ordinance has been advertised for adoption tonight. 

Mr. Goodnoe moved to adopt Ordinance 2001-08 amending the JMZO to allow limited signs along the Bypass.  The motion was seconded by Mr. Jirele and passed unanimously.

ORDINANCE 2001-09 - CANAL OVERLAY DISTRICT:  Mr. Harris said this ordinance has been advertised for adoption tonight.

Mr. Jirele moved to adopt Ordinance 2001-09 amending the JMZO to establish a Canal Overlay District.  The motion was seconded by Mr. Goodnoe and passed unanimously. 

PECO LEASE:  Mr. Harris reported that PECO has returned the signed lease for the land adjacent to the Clark property.  Mr. Harp said that it may be possible to acquire more of this land in the future.

ENGINEER: 

RESOLUTION 2001-21 - HIGHWAY TRANSFER AGREEMENT # 061626-A:  Mr. Larason asked the Board to adopt a resolution in PennDOT’s format to extend the deadline for work on turnback streets.

Mr.  Harp moved to adopt Resolution 2001-21, extending the time in which to complete improvements on the PennDOT turnback streets, in the form prescribed by PennDOT in their letter of 9/27/01.  The motion was seconded by Mr. Jirele and passed unanimously.

NEWTOWN BYPASS CLOSED LOOP - PRE-EMPTION:  Mr. Larason provided copies of PennDOT’s 9/27/01 letter denying the Township’s request to incorporate emergency vehicle pre-emption equipment in the Closed Loop system.

WALNUT AVENUE PROJECT - REQUEST FOR PAYMENT:  Mr. Larason provided copies of the contractor’s request for payment #1 and a statement outlining work performed on this project through 9/14/01.  If approved, the payment request will be forwarded to the Bucks County Office of Community Development.

Mr. Goodnoe moved to approve payment #1 in the amount of $24,817.50 to Joran Contractors for the Walnut Avenue project.  The motion was seconded by Mr. Jirele and passed unanimously.

 

LAND USE SECTION

 NEW BUSINESS:

AMENDMENT OF FINAL PLAN - PENNS PRESERVE - LOT #11 - RESOURCE PROTECTION LINE:  John Green of 21 Millstone Drive was present to discuss his request to amend the final plan for Penns Preserve by moving a resource protection line to allow him to erect a fence on his property.  He stated that there are no trees in the area between the resource protection line and his property line.  Mr. Harwood confirmed this statement, and added that there are no wetlands in this area also. 

Mr. Harris said that to meet this request, the Board must adopt a motion authorizing an amendment.  Then an amended plan will have to be filed by Mr. Green, who must pay the costs of the filing.

Mr. Weaver moved to authorize amendment of the final plan for Penns Preserve to move the resource protection line on lot #11, with all costs to be paid by the applicant.  The motion was seconded by Mr. Jirele and passed unanimously.

PRD VARIANCE - THOMAS LEVIEN - 30 CHATHAM PLACE - TMP# 29-4-207:  Builder Michael Hutchinson, attorney Thomas Walsh and owner Thomas Levien were present to discuss their request for a variance to allow a 30 foot front yard setback instead of the required 50 foot front yard setback.  They plan to build a garage addition to the house. 

Mr. Walsh stated he can provide letters from neighbors and the homeowners association supporting the plan for the addition.  He said that the plan includes the removal of some existing paving, so the net result will be no change in the impervious coverage.

Mr. Goodnoe moved to authorize the amendment of the final plan for 30 Chatham Place.  An amended plan will be submitted to the Township, and all costs will be paid by the applicant.  The motion was seconded by Mr. Jirele and passed unanimously.

PRELIMINARY PLAN - 413 OFFICE CENTER - DURHAM ROAD - TMP# 29-3-34:  Attorney Thomas Hecker, Engineer Maryellen Saylor and Paul Allen were present to discuss their plan to construct two office buildings on an 11.3 acre site in the PS-2 District.  Mr. Hecker explained that D-1 Professional Office Use and D-2 Medical Office Use were approved in February 2001.  He stated that the plan provides an internal driveway parallel to Route 413 which links this property and those to the north and south with a common access driveway onto Route 413.  The rear portion of the property will remain open space.  He said that variances will be sought to waive the required number of loading docks and to reduce the length of 23 parking spaces from 20’ to 18’.  Four waivers are also requested.

Ms Saylor reviewed the waiver requests: to submit an aerial photo in lieu of certain details on the plan; to allow a wider access driveway at Route 413; to waive sidewalks on Durham Road; and to use a different paving material in the parking area.  Ms Saylor said the applicant agrees to provide a right of way along Durham Road for a future sidewalk or trail.  Mr. Larason confirmed that the proposed parking material is acceptable.  Ms Saylor also stated that the access driveway will line up with Municipal Drive, the intersection will be signalized, and acceleration and deceleration lanes, as well as left turn lanes, will be installed.  Mr. Harp said that good visibility at the intersection will be important.  Mr. Hecker added that pre-emption equipment will be installed on the signal if PennDOT approves, and he agreed that the applicant will donate the costs of the waived sidewalks to the Township.

Mr. Jirele moved to approve the preliminary plan for the 413 Office Center, subject to compliance with the 8/3/01 Heritage Conservancy letter and the 8/31/01 Carroll Engineering letter, with the four waivers described above granted.  The applicant will obtain the two variances described above, provide an aerial photo, and obtain a special exception to cross the stream in the rear of the property with a sanitary sewer.  The applicant will also install a signal at Route 413 with pre-emption equipment when it is warranted by PennDOT, obtain the approval of the Fire Marshal, pay park and recreation and traffic impact fees, pay all costs of review, donate the cost of the waived sidewalk to the Township towards the costs of the Trail, improve the intersection at Route 413 and ensure the access driveway lines up with Municipal Drive.  The lighting plan will be revised in accordance with the recommendation of the Planning Commission to lower the light standards and prevent light spillover to neighboring properties.  The motion was seconded by Mr. Goodnoe and passed unanimously. 

OLD BUSINESS:  None. 

OTHER ACTIONS: 

ENGINEER: 

CORRESPONDENCE:  Mr. Larason provided copies of recent correspondence regarding the Paul Allen minor subdivision and the intersection improvements at Swamp Road and Walnut Avenue.

ESCROW RELEASE:  Mr. Goodnoe moved to release $443,664.25 in escrow funds for Lakeview Estates, based on Certificate of Completion #2.  The motion was seconded by Mr. Jirele and passed unanimously.

SOLICITOR: 

KRAMER MINOR SUBDIVISION:  Robert Kramer, neighbors Mr. and Mrs. Koenig, and attorney Bill Benner were present to discuss the subdivision and the settlement of related legal issues..  Mr. Harris summarized the history of the minor subdivision plan.  He provided copies of a letter which included approval of the plan and settlement of the legal issues, with certain conditions.  He said that the legal issues can be settled with a payment to Mr. Kramer of $5,000 from the escrow account for Eagle Glen.

Mr. Kramer said he accepts the terms of the letter, except that the plan should be referred to as “final”.  He asked if he must pay a traffic impact fee for an existing dwelling, and Mr. Harris responded that this is necessary.

Mr. Benner stated he is the attorney for Mr. and Mrs. Koenig, neighbors of Mr. Kramer who oppose the subdivision.  Mr. Benner distributed copies of excerpts from the Zoning Hearing Board and court decisions.  He also distributed copies of some documents from the Township Codes Office.  Mr. Benner stated that these documents prove that the variances granted by the Zoning Hearing Board expired before the subdivision plan was filed.  He also stated that the application is incomplete because it does not provide site capacity calculations.

Mr. Harris said the Township is aware that the application does not comply with the ordinance, but the Zoning Hearing Board granted the applicant the right to have three lots, not specific variances.  Mr. Harris also suggested that the Township grant Mr. Kramer an extension on his application because there is some confusion about when it was filed.  Mr. Harris said that if the Township denies the application, Mr. Kramer will go back to the Zoning Hearing Board and receive the same decision and everyone will have to go through this again. 

Mr. Harwood said he recalled that there was a dispute about payment of filing fees, which delayed the official filing of the application with the Township.

Mr. Benner said his clients’ only desire is to see the Board of Supervisors comply with the ordinance in a fair manner.

Mr. Sanderlin said he favors Mr. Harris’ proposed agreement, with a provision extending the application filing deadline.  Mr. Jirele said he would like to send Mr. Kramer back to the Zoning Hearing Board so the Board can make a clearer decision this time.

Mr. Goodnoe moved to approve the letter drafted by Mr. Harris regarding the Kramer subdivision, adding a provision to grant an extension of the application deadline.  The motion was seconded by Mr. Harp. 

Discussion of motion:  Mr. Jirele said the Supervisors have not reviewed this plan recently and he is uncomfortable about approving it tonight.

Mr. Goodnoe’s motion passed 4-1, with Mr. Jirele voting “nay”. 

Mr. Benner asked to be copied on the letter; Mr. Harris agreed to do so.

MANAGER:  No items for this section. 

PLAN EXPIRATIONS:  None to be addressed.

 

 ROUTINE BUSINESS SECTION 

 

No items for this section. 

EXECUTIVE SESSION:  Mr. Sanderlin said the Board will meet in executive session for personnel and real estate purchase matters following adjournment. 

ADJOURNMENT:  Mr. Harp moved to adjourn.  With no objections, the meeting was adjourned at 1:10 AM on 10/11/01. 

 

RESPECTFULLY SUBMITTED:

 

 _____________________________
Gretta Stone, Recording Secretary

 

Minutes Approved as submitted _______ as corrected _______

 

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Stephen D. Sanderlin, Chairman

 

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Thomas Jirele, Vice Chairman

 

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Scott R. Harp,  Secretary/Treasurer

 

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Raymond Goodnoe, Member

 

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Richard Weaver, Member