EAST MARLBOROUGH TOWNSHIP

PLANNING COMMISSION

MINUTES OF OCTOBER 26, 2004

Mark Benzel, chairperson, called the meeting to order at 7:30pm in the township building. Additional commissioners present were Susan Beach, Chris Kimmel, Pat Montague, and Richard Pratt.

The minutes of the September 28, 2004 meeting were reviewed.  A motion to approve the minutes was made by Commissioner Beach with a second by Commissioner Pratt. Motion approved.

Public Comment Period –

Commissioner Kimmel noted the following:

            a. There is a procedural challenge of the Agricultural District Zoning.

            b. She walked the Stengel property with Kennett Township representatives. They have concerns

                        about dirty water release, parking lot lighting, and buffering between business and

                        adjacent residences.

Plans:

1.  Sketch plan for subdividing two acres from Truman Welling property for existing dwelling – no new building proposed – Eddie Caudill

Mr. Caudill presented the sketch plan and pointed out the 2 acres that include a dwelling (his residence for the last 33 years) dating back to 1888. The 146 acre Welling property is registered with the Brandywine Conservancy and the subdividing adheres to the Conservancy regulations. There will be no new building on the property. All board members approve of this subdividing per Mr. Caudill’s request.

2. Land Development for dental office on Route 1 at Greenwood – Dr. Randy Eckman

Michael J. Lyons, Attorney at Law presented the board with a Conceptual East Elevation – Greenwood Road drawing along with an Exhibit Plan prepared by Regester Associates, Inc.  The commissioners also received Township Engineer Jim Hatfield’s letter of October 12, 2004. Mr. Lyons noted that Conditional Use approval for a business/residence has been granted. The existing building will be incorporated into the new building with residence space for Dr. Eckman above the business area. The building design has changed to a more elongated version to better suit the lot site. Parking spaces did not change.

Variances requested:

            a. front yard set back facing the jug handle

            b. Landscape buffer 20% encroachment

            c. potentially 10% less green areas within parking lot.

Commissioners discussed these issues with Mr. Lyons including an explanation for the presenter as to how the commissioners interpret the township green space requirement for parking areas. Public water is available.  A temporary holding tank will be in use until the Chartwell Subdivision is in and sewer connections can be made for the Eckman site.  Until sewer connections are completed a pump and haul system will be in use and note was made to meet Chester County Health Department requirements for this situation. Mr. Lyons and Dr. Eckman met the afternoon of the meeting with township engineer, Jim Hatfield. Mr. Hatfield developed at that meeting some new sketches/changes. This information indicates that Mr. Hatfield recommends encroachment into the buffer on the jug handle side to alleviate parking issues and to increase the buffer at the adjoining property. Commissioner Pratt indicated that landscaping designs were not present and this made it difficult for the board to recommend granting of requested waivers pertaining to this issue. The presenter will develop the requested plans and return to the planning commission at a later meeting. The board noted Mr. Hatfield’s letter and the issues to be resolved. Mr. Lyons indicated agreement with these requirements.  No action, none required.

3. Re-drawing property line on parcels on Mill Road – Nolan Plan

Presenter Bob Worthington of Chester Valley Engineers

The commissioners received and reviewed the following:

            Letter from Natural Lands Trust – 10/5/04

            Letter from VD & L – 10/15/04

            Letter from County Planning – 10/12/04

            Letter from Pregman Law Office – 10/20/04

The request is for a lot line change. No construction proposed. The land is under conservation easement. Boundary lines drawn from deed of record with no field survey.

Two waivers requested:

            1. Reference permanent markers. This would require a field survey that Mr. Worthington does not         think is a necessary expense for the Nolan family.

            2. From all requirements of the conservancy plan as there will be no changes in ownership.

The lot line change allows for meeting set back requirements for building a dwelling on lot #2. The existing old farm house on lot #1 will remain as an accessory dwelling with no changes to the home and the land continues under the Natural Land Trust. A suggestion from Commissioner Benzel was to abolish the lot line thereby resolving the set back issues for a proposed dwelling.

In conclusion the board has no disagreement with the lot line change request.  Commissioner Montague proposed a motion to recommend the Nolan request continue to the township supervisors. Commissioner Beach second. Approved.

An addition to the agenda:

4. Scott Emerson

Mr. Emerson spoke to the board giving a brief update of the Blackburn Realty town home project.

5. Membership on Planning Commission

This item of business to go to the Supervisors for appointment.

Adjournment at 9:30pm.

Respectfully submitted,

Ruth Plaugher, Secretary