EAST MARLBOROUGH TOWNSHIP

PLANNING COMMISSION

MINUTES OF JULY 28, 2004

Mark Benzel, chairperson, called the special meeting to order at 7:00pm. in the township garage. Additional commissioners present were Susan Beach, Pat Montague, Nancy Olson and Richard Pratt

Special presentation on proposed AP Zoning District/Proposed Ordinances No. 04-05 and 04-06 by Cuyler Walker.  

            Mr. Walker provided explanation of the proposal, the need for township

            action and its impact on the township. Zoning is a township issue rather than

            county.  Additional information to support this proposal was provided using maps

            illustrating zoning, livable landscapes, flood plains and agricultural soils.  Ordinance 04-05 proposes to establish a new “AP-Agricultural Preservation” zoning and Ordinance 04-06 proposes to adopt a revised Zoning Map for East Marlborough Township.   Mr. Walker left for another meeting and returned later for additional time with the planning commission.

Chairperson Mark Benzel called the regularly scheduled meeting to order at 7:35pm. Other commissioners present were Susan Beach, Pat Montague, Nancy Olson and Richard Pratt.

I. The minutes of the July 6, 2004 meeting were approved with the following amendments:

            F. Commissioner Benzel referred to item 9 in the landscape report and suggested “the applicants consider pursuing a variance” to move the home site back in order to preserve the 38’ American Linden tree.

            J. Commissioner Kimmel presented a motion to “recommend” approval of the three waivers in place subject to compliance with all the comments of the township review letter of Vandemark &Lynch, Inc. dated June 7, 2004, the Glackin Thomas Panzak report dated June 3, 2004 and to “recommend the applicant pursue a variance” to relocate the house on lot #1 to safeguard the American Linden tree.

 Public Comment Period

            Added Wetheral Farm to the Agenda

II. not present

III. Foundation for Fighting Blindness-Jim Fritsch presenter

            Mr. Fritsch reviewed the proposal. The July 22, 2004 letter from township engineer, James Hatfield, was presented with discussion of each topic. 

Commissioner Benzel made a motion to recommend approval of application as submitted subject to the recommendations of the township engineer’s letter of July 22, 2004 and recommend the approval of the four waivers requested. Second Susan Beach. Motion passed.

IV. Chartwell – 76 Towns on SS Route One – Formerly Blackburn Realty

Presenter Andy Rau. Presentation and discussion of Memorandum dated July 27, 2004, Project No. 20300.20 from Township Engineer, James Hatfield.

Commissioner Benzel presented a motion as follows:

            The board recommends preliminary approval subject to satisfying of items in Township Engineer James Hatfield’s memorandum dated 7-27-04 with modifications as follows:      

                        a. applicant will pay a fee in lieu of delineating an active recreation area

                        b. recommend approval of waivers based on no technical objection from                                               Township Engineer James Hatfield and that Pendot approval does not                                       conflict with any TPD recommendations

                        c. applicant meet township ordinance requirement to locate trees within                                      areas of disturbance only

                        d. applicant provide requested specifications in area that township and                                       applicant agree are practical for porous paving.

Second by Susan Beach. Motion approved. Amended to include GTP dated 7-27-04 and engineer’s letter dated 7-27-04.

V. Stengel Welding – Walnut Road Presenter Bob Flinchbaugh

Review of Township Engineer James Hatfield’s letter dated 7-27-04. Each item in the letter clarified with presenter agreeing to all items in the letter.

A motion by Commissioner Pat Montague to recommend preliminary plan approval subject to satisfying the items in engineer James Hatfield’s letter dated 7-27-04. Second by Commissioner Susan Beach. Motion passed.

V a. Wetherall Farm  Presenter Bill Regester

            Requesting a modification to a plan approved in February of 2003. The request is to include in lot #12 a .25 acre riding rink reducing lot #11 by .25 acre. Discussion of set back issues and need for room for maintenance of the rink along its perimeter. The board suggested to Mr. Regester that 3-4 feet be included to allow for this purpose.

This agenda item was commentary only with no action.

VI. Discussion on proposed Ordinances 04-5 and 04-6

Presenter Walker assured the board that this issue can withstand a legal challenge referencing the same issue in other areas of PA.

Board Chairperson Mark Benzel will present a marked up copy for consideration.

A motion by Commissioner Susan Beach to recommend approval of 04-05 proposal with verbage changes. Second Mark Benzel. Motion approved.

A motion by Commissioner Mark Benzel to recommend approval of the map ordinance 04-06 zoning map changes. Second Susan Beach. Motion passed.

VII. Planning Commission Personnel Vacancy

The board agrees the number of commissioners needs to be 7 rather than 5.

Adjourn at 10:50pm.

Respectfully submitted,

Ruth Plaugher, Secretary