Minutes of the meeting held on September 6, 2011


Present: Chairman Allen Fidler, Vice Chairman Robert Whartenby, Paul Cohen, Craig Deutsch, Peggy Driscoll, Dennis Fisher, Larry Galley and Michael Iapalucci (late), members. Also in attendance were Michele Fountain, Township Engineer, John Torrente, Township Solicitor, Kevin Kochanski, Township Planner and Michael Hartey, Code Enforcement Officer.

Call to Order: Mr. Fidler called the meeting to order at 7:30 PM. The Commission welcomed its new appointee, Craig Deutsch.

Approval of Minutes: Mr. Fisher moved to approve the minutes of August 16, 2011. Mr. Fidler seconded and the motion passed 4-0-3, with Messrs. Whartenby, Cohen and Deutsch abstaining.

Land Development

Weglos Dental Office, 759 Newtown Yardley Road, Preliminary/Final Plan: Attorney Ed Murphy and Dr. Mark Weglos presented the revised plans for a new 2,067 square foot, single story dental office building with associated parking access drive, landscaping and stormwater management on a 0.42 acre lot in the R-2 high density zoning district. The applicant has received a use variance from the Zoning Hearing Board. He reminded the members that this plan had been reviewed in June and has since been revised to comply with the Planning Commission’s recommendations.

(Mr. Iapalucci arrived at this point.)

Mr. Murphy said that he has met with Ms. Fountain about the trail extension and the applicant has agreed to extend the trail from the Headley open space to the end of his property. The discrepancy between the architectural plan and the engineered plan has been corrected. The architectural rendering showed a walkway from the door facing Newtown Yardley Road and a porch. The porch and walkway have been removed. The main entrance will be through the rear parking lot; the door at the front is decorative, but is not for general access.

Mr. Murphy noted that the applicant is seeking a waiver from the requirement for a traffic study.

Mr. Fidler said that there would still be a traffic impact fee.

Mr. Fidler asked about the right of way concerns discussed at previous meetings.

Ms. Fountain confirmed that there will be sufficient room on Newtown Yardley Road for the proposed widening that has been on the TIP. The extension of the trail will not interfere with this.

Mr. Fidler said that stormwater best management practices are referenced in the CKS letter.

Ms. Fountain said that she is asking that the current infiltration points be added to the plan.

Mr. Fisher asked about tree protection, which is referenced in the Bucks County Planning Commission letter.

Mr. Kochanski said this is no longer an issue, as the tree in question is to be removed and replaced.

Mr. Iapalucci asked about the parking issue discussed in the Boucher and James letter, which states that the one space cannot be accessed if the other space is occupied.

Mr. Kochanski said that this was an issue with the template and it had been corrected.

Mr. Cohen moved to recommend that the Board of Supervisors approve the Preliminary as Final Plan of Land Development of Dr. Weglos Dental Practice (“Applicant”) for the premises located at 759 Newtown Yardley Road, Newtown Township, Bucks County for Tax Map Parcel29-10-53 prepared by Dumack Engineering dated February 1, 2011, last revised on July 26, 2011 and consisting of 9 pages, subject to the following conditions and variances previously granted:

  • Compliance with the August 30, 2011 Review Letter from CKS Engineers. The following waivers are requested and recommended:
  • Sections 402.6 and 1301, requiring a traffic study
  • Section 402.A, to allow a plan drawn to a scale of 1 in. = 20 ft.,
  • Section 402.3B and C, to accept an aerial photograph of the site and surrounding area in lieu of showing topographic features within 400 feet of the property,
  • Section 514.9, to allow parking within 2.5 ft of the proposed building in lieu of the required 20 ft.,
  • Section 522.4.B to allow regrading within 5 ft. of the property line due to the nature of the site.
  • Compliance with the August 16, 2011 Review Letter from Gilmore and Associates, Inc., with traffic study waived.
  • Compliance with the August 23, 2011 Review Letter from Boucher & James, Inc.
  • Compliance with the March 7, 2011 Review Letter from the Bucks County Planning Commission.
  • Compliance with the April 13 and July 28, 2011 Review Letters from Newtown Emergency Services Department.
  • Applicant shall comply with any and all terms and conditions of the variance and special exception granted by the Township Zoning Hearing Board on February 21, 2011.
  • Applicant shall supply all permits required by all Township, County, State and Federal governmental agencies.
  • Applicant shall execute and fund the Development and Financial Security Agreements in a form satisfactory to the Township Solicitor.
  • Applicant shall provide a will serve or appropriate agreement from the appropriate water and sewer authorities confirming the availability of public water and sewer to the project.
  • Applicant shall provide an adequate letter from the Bucks County Conservation District as to erosion and sediment control.
  • All lighting shall comply with all Township Ordinances (except to the extent any waivers or variances have been granted), no glare shall extend onto adjoining properties and a note shall be added to the Plan so indicating.
  • Applicant shall comply with all storm-water management ordinances and the Township Engineer recommendations as to storm-water and best management practices, and Applicant shall execute a storm-water management agreement in a form acceptable to the Township’s professionals.
  • No use shall be permitted which is noxious or offensive to the immediate area by reason of odor, dust, smoke, gas, vibration, illumination or noise, or which constitutes a public hazard by fire, explosion or otherwise, and a note shall be added to the Plan so indicating.
  • Applicant shall pay a traffic impact fee on the Schedule of Fees of Newtown Township, and as assessed by the Township Traffic Engineer.
  • Applicant shall execute a Declaration of Unilateral Restrictions and Covenants as to the notes of the Plan, which said Declaration shall be subject to the approval of the Township Solicitor.
  • All review and professional fees, as required under the Township SALDO, shall be paid by applicant.
  • Applicant shall provide sufficient landscape buffering so as to preclude headlights from impinging upon nearby intersections.
  • All signs shall be subject to, and comply with, Township Sign Ordinances.
  • A fee-in-lieu-of-dedication of park and open space area shall be paid in accordance with the Township fee schedule; and
  • The property shall be ADA-compliant.

Mr. Whartenby seconded.

Discussion of motion: Mr. Iapalucci asked whether the condition requiring compliance with Township sign ordinances would prevent the applicant from seeking relief from the Zoning Hearing Board.

Mr. Murphy said that he would be reviewing the signage requirements for the business at a later date with Dr. Weglos.

Mr. Fidler said that the sign ordinances would not be as prohibitive as this location is not within 1,000 feet of the Newtown Bypass.

The motion passed 8-0.

Subcommittee and Liaison Reports

Board of Supervisors: Mr. Fidler reported that the Supervisors approved the Red Berry Yogurt Conditional Use.

Park and Recreation: The recording secretary reported that the Board had reviewed and recommended that the Newtown Athletic Club pay a fee in lieu of open space for its pool and baseball academy additions. The Board has rescheduled its September meeting to September 12, at which the preliminary plan for McDonald’s in Village at Newtown will be reviewed.

Environmental Advisory Committee: Mr. Fisher reported that he has discussed regulations on use of pesticide with Mr. Kochanski, who has provided sample ordinances from other states for the EAC to review.

Ms. Fountain reported that she has been in correspondence with the EAC on a pamphlet about stormwater management for residents planning home improvement projects involving increased impervious surface. She may attend an upcoming meeting to review this further.


The Commission has been copied on a letter from Lorraine Pentz, chairman of the Joint Historic Commission to the Supervisors discussing the inclusion of the Stockburger showroom on Sycamore Street in the historic district. This is in anticipation of the proposed demolition of the showroom and construction of a Beneficial Bank at the site.

Mr. Fidler suggested that, while this is a topic of interest to many in the Township, the Commission should await direction from the Supervisors before weighing in on the issue.

General Discussion

Mr. Fidler said that he would like to hold a few instructional sessions on the JMZO and SALDO and the duties and responsibilities of Planning Commissioners lead by Ms. Fountain and Mr. Kochanski. These would be scheduled at 7:00 PM for 30 minutes, before regular meetings. He asked the recording secretary to keep the members informed of the agenda schedule through the fall, so as to schedule these meetings when the agenda will not be lengthy.

Ms. Fountain and Mr. Cohen discussed some revisions being made by the DEP to the recently adopted stormwater management ordinance. These revisions will exempt all projects under 1,000 square feet from the recently adopted requirements.

Mr. Cohen moved to adjourn at 8:45 pm. Mr. Fisher seconded and the motion carried 8-0.


Respectfully Submitted:


Mary Donaldson, Recording Secretary