Milford Township Planning Commission

Regular January 27, 2010 Meeting

 

The meeting was called to order by Chairman Fran Murray at 7:32 p.m.

 

Members Present : Ed Bolton; Susan Edwards, John (Jack) Merritt, Fran Murray, Carson Schneck. Excused: John (Jack) Merritt.

 

Non-Members Present – Janya Awckland, Recording Secretary; Jeffrey A. Vey, Twp. Manager. Audience: 3

Excused: Art Breitinger, BC Planning Commission; Kevin Wolf, Andersen Engineering Assoc.

 

Approval of Minutes –copies provided to public on the hall table

Fran Murray asked members if anyone had an amendment to the December 16, 2009 Minutes. Minutes were approved as circulated. Ed Bolton, aye; Susan Edwards, aye; John Merritt, absent; Fran Murray, aye; Carson Schneck, aye.

 

Fran Murray: “There are no pending revised subdivisions to review and no new submissions.”

 

Planning Commission received the Bucks County Planning Commission Review #23-09-2 dated January 6, 2010 and the QAPC Review dated January 19, 2010 of the proposed changes to the AMU Zoning Ordinance.

Jeffrey A. Vey went over the proposed changes to the AMU portion of the Zoning Ordinance.

Susan Edwards: “There would only be one and one half parking spaces for a residence with a private garage?”

Jeffrey A. Vey: “There will be restrictions in the deed to prevent conversions.”

Carson Schneck: “There were issues in the last months review (about the Milford Village) that need to be addressed.”

Jeffrey A. Vey: “Those questions will be addressed during the conditional use hearing. These are amendments that regulate the plan.”

Fran Murray: “Then was the conditional use hearing postponed because of this?”

Jeffrey A. Vey: “Yes. Parking alone is fatal to the plan.”

Carson Schneck: “Congregate care has no limit on it.”

Fran Murray: “Drop it down to two bedrooms.”

Ed Bolton: “Or add age restrictions.”

Discussion on language to address restrictions.

Carson Schneck: “Plan as submitted proposes B6 uses; It cannot be done unless B6 is added to the permitted uses in the RD District.”

 

Motion on AMU Zoning Ordinance Amendments

Susan Edwards made a motion that the Milford Township Planning Commission has reviewed the proposed changes to the Zoning Ordinance Amendment and asks that the Board of Supervisors consider these changes to the proposed amendments to the AMU Ordinance:

 

1.     Section 661-Definitions Applicable to AMU Overlay District – changes within both subsections B and C: Add “Occupancy is restricted such that each unit is occupied by at least one person aged 55 or over or by one person who due to disease or accident related physical condition is in need of assisted care.”

2.     Section 661 C. Congregate Housing Reduce the number of bedrooms from three (3) to two (2) bedrooms.

3.     Section 661 E. Add: and be occupied by at least one person aged 55 or over.

4.     Section 663 Permitted Land Uses C. 1 – change the last word from “developments” to “apartments”.

5.     Section 663 Permitted Land Uses C. 2. – add B 6 Performance Standard Residential Use and add Use E6 Drive-In’s/Eating Places (which was deleted from this section, but not from 664 B).

6.     Section 663 C 3 Townhouses delete the last sentence: unless such Townhouse units are a type of Low Impact Residential Dwelling Unit.

7.     Section 664 B. Last sentence should read: …architectural standards provided in Ordinance 133, adopted July 19, 2005. Delete of the Zoning Ordinance.

 

Motion was seconded by Ed Bolton. Motion passed. Ed Bolton, aye; Susan Edwards, aye; John Merritt, absent; Fran Murray, aye; Carson Schneck, aye.

 

Heritage (Clymer/Landis/Rush) Preliminary-90 lots- Pumping Station Rd (23-15-039,37, 36) Indefinite time extension

 

T Mobile Conditional Use Tabled for further Information.

 

Williams-Roth Allentown Rd-TMP#23-10-50 (8 lots) Time Extension expires February 28, 2010.

 

Fran Murray made a motion to adjourn the January 27, 2010 Meeting at 8:45 p.m. Meeting was adjourned.

 

February 24^th, 2010 Milford Township Planning Commission Meeting was cancelled.

 

March 31, 2010 Milford Township Planning Commission Meeting was cancelled.

 

 

April 28, 2010 Regular Meeting

 

The meeting was called to order by Chairman Fran Murray at 7:35 p.m.

Members Present : Ed Bolton, Susan Edwards, Fran Murray, Carson Schneck. Excused: John (Jack) Merritt.

Non-Members Present – Janya Awckland, Recording Secretary; Jeffrey A. Vey, Twp. Manager. Audience: 3

Excused: Art Breitinger, BC Planning Commission; Kevin Wolf, Andersen Engineering Assoc.

 

Approval of Minutes –copies provided to public on the hall table

Fran Murray asked members if anyone had an amendment to the January 27, 2010 Minutes.

Minutes were accepted as presented. Ed Bolton, aye; Susan Edwards, aye; John Merritt, absent; Fran Murray, aye; Carson Schneck, aye.

February & March Meetings were cancelled –No Plans, Special Exceptions, or Conditional Uses to Review

 

Aiken-Stoudt Road Sketch 23-2-102, 2-100,2-99A & 2-99B

Representatives: John Vitillo and Dan Laudenslayer, Tarson, LLC

John Vitillo: “We want to do a four year fill. We wanted to check with you before we spent on fill.”

Dan Laudenslayer: “There are four small parcels.”

John Vitillo: “The second sheet shows what we are proposing.”

Planning Commission has received the Bucks County Planning Commission Review #11695 dated March 19, 2010.

John Vitillo: “We can only get two lots. A residence has to be 500 feet from a billboard.”

Ed Bolton: “Why don’t you get rid of the billboards?”

John Vitillo: “We don’t own them.”
Jeffrey A. Vey went over the history of the two billboards and parcels.

Carson Schneck: “There is a small strip between the lots to Stoudt Road.”

Dan Laudenslayer: “That is a deeded right of way to a property.”

Carson Schneck: “How many lots are you proposing?”

Dan Laudenslayer: “Two lots.”

Carson Schneck: “You do not indicate the lot lines you are removing.”

Susan Edwards: “Do the billboards still take entrance off Stoudt Road.”

Dan Laudenslayer: “Yes.”

John Vitillo: “The previous owner gets the rental from the bill boards. We have no power over the bill board easement to extinguish it.”

 

Motion on Aiken-Stoudt Road Sketch 23-2-102, 2-100,2-99A & 2-99B

Carson Schneck made a motion that the Milford Township Planning Commission has reviewed the Mark Akins Sketch Plan for TMP#23-2-102,23-2-100, 23-2-99A, 23-2-99B, vacant parcels on Stoudt Road. Plans were prepared by Tarson LLC dated March 1, 2010 consisting of two sheets; sheet 1 showing the existing deed lines and sheet 2 showing the future lot lines and four year fill sites for a primary and alternate sewage bed.

 

The Planning Commissions finds that the sketch plan is generally compatible with the Milford Township Subdivision and Land Development Ordinance and consistent with the Zoning Ordinance.

Motion was seconded by Fran Murray. Motion passed.

Ed Bolton, aye; Susan Edwards, aye; John Merritt, absent; Fran Murray, aye; Carson Schneck, aye.

 

Quakertown Area Planning Committee (QAPC) Resolution Update

Carson Schneck: “This resolution restates the make up of the Quakertown Area Planning Committee and also clarifies the voting. There is one member from a planning commission and one supervisor as representatives and one from the school board but the original resolution didn’t say how many were voting. There is just one vote from each municipality. The original resolution said the costs would be divided based on 1/3^rd population, 1/3^rd taxable assessment, and1/3^rd land area of each municipality and the school district. This is unchanged.”

Motion on QAPC Resolution Update.

Carson Schneck made a motion that the Milford Township Planning Commission has reviewed the proposed Resolution to clarify voting procedures and update the Resolution establishing the Quakertown Area Planning Committee approved by the Milford Township Board of Supervisors on September 4,1973 and recommends that the Board of Supervisors approve the resolution. Motion was seconded by Susan Edwards. Motion passed.

Ed Bolton, aye; Susan Edwards, aye; John Merritt, absent; Fran Murray, aye; Carson Schneck, aye.

 

Heritage (Clymer/Landis/Rush) Preliminary-90 lots- Pumping Station Rd (23-15-039,37, 36) Indefinite time extension

T Mobile Conditional Use Tabled for further Information.

Williams-Roth Allentown Rd-TMP#23-10-50 (8 lots) Time Extension expires February 28, 2011.

Fran Murray made a motion to adjourn the April 28, 2010 Meeting at 7:50 p.m. Meeting was adjourned.

 

May 26, 2010 Milford Township Planning Commission Meeting is Cancelled due to a lack of business.

 

Milford Township Planning Commission

Minutes of June 30, 2010 Regular Meeting

 

Call to Order: the Chairman called Meeting to Order at 7:30 p.m. at the Milford Township Municipal Building.

 

Members Present: Fran Murray, Chairman; Carson Schneck, Sue Edwards, Ed Bolton, Jack Merritt

 

Approval of Minutes of April 28, 2010 – note that the May meeting was cancelled.

 

Next Meeting will be on July 28, 2010

 

Special Exceptions

            Gary Hellerman - 2310 Spinnerstown Road TMP – 23-2-7

                        This is a proposal to extend the existing dwelling to the rear for a sunroom extending an existing undersized side yard of ten feet. There was discussion of windows on the side facing the side and the applicant indicated there is a fence serving as a visual barrier.

            Motion by Carson Schneck, second by Sue Edward with unanimous vote to recommend approval noting that the proposal appears to comply with Zoning Section 804 (a).

 

Elizabeth Schreier – 2025 Upper Ridge Road TMP – 23-20-101-1

                        This is a proposal to rebuild an existing accessory building of approximately 2400 sq. ft. having an undersized front yard of 25 ft where 75 ft is required. The proposed accessory building would have a footprint of 1800 sq. ft. and a second floor built along the existing 25 ft. front yard setback. It was noted that the adjacent house has an 8 ft. front yard. There was discussion regarding the applicability of Zoning section 804 a since the original structure has 20 ft of building parallel to the road where the proposed building has 30 ft. It was noted that this extension conforms to sec 804 (a) since it is outside of the right-of-way (street line). The proposal also appears to conform to section 805 regarding restoration. The possibility of using the second floor as an accessory apartment was discussed and it was noted that should this be intended, there must be approved on-lot sewage facilities and the space limitation of section 404 H3 must be obeyed.

 

            Motion by Sue Edward, second by Ed Bolton with unanimous vote to recommend approval noting the items discussed.

 

New Submission – accepted for review

B.E. Equipment - 23-002-146 1775 Wentz Road – Alteration of existing industrial building

 

Public Comment

Robert Showalter, representing the Meyers family, asked to informally discuss plans for the subdivision of 72.2 acres on Zion Hill Road having 51.4 acres in Milford Township and 20.79 acres in Richland Township. This site has previously had plans submitted by Main Street Group proposing in excess of 30 dwellings, which proved to be not feasible. The site is traversed by an unnamed tributary to the Unami Creek. Wetlands have been delineated and there are heavy woodlands to the south.

The current intention is to subdivide the tract into 16 lots (15 dwellings and an open space lot) with 12 dwellings (including 1 existing) in Milford and 3 dwelling in Richland yielding a gross density of 0.21 dwelling/acre. The intended use would be B-1, single family which requires no open space beyond that generated by natural resource protection. Two storm basins are proposed, riparian corridor protection, rear lot infiltration, 150 ft viewscape easement along the road and a loop trail in the open space. The planning commission found this proposal to be much better than the previous proposal.

A community drip irrigation system is proposed. The planning commission noted that it is located in Richland Township and would have to comply with Richland Township’s Sewage Facility Plan (Act 537 Plan). The subdivider was advised to discuss the plan with Richland Township before proceeding too far.

Open space maintenance requirements may best be handled by a homeowners association. There will be discussions with the supervisors regarding required public improvements. Individual wells are intended and the applicability of SALDO sec 611 (a) and 101, requiring centralized water, must be resolved.

 

Adjournment - There being no further business, the meeting was adjourned at 8:20 p.m.

 

Milford Township Planning Commission

Minutes of July 28, 2010 Regular Meeting

 

Call to Order: the Chairman called Meeting to Order at 7:30 p.m. at the Milford Township Municipal Building.

 

Members Present: Fran Murray, Chairman; Carson Schneck, Sue Edwards, Ed Bolton, Jack Merritt

 

Approval of Minutes of June 30, 2010

 

Next Meeting will be on August 25, 2010

 

Reviews

 

            BE Equipment – 1775 Wentz Road TMP – 23-2-146

                        The Bucks County Planning Commission (June 23, 2010) and Andersen Engineering (June 11, 2010) reviews were considered. The developer represented that they will comply with all comments in the reviews except issues where they are seeking waivers. They maintain that this proposal is a reconfiguration of current operations and that the parking is not changing, so they request waivers concerning locations of parking spaces. It was clarified that the apparent conflict with existing metal buildings and parking is that the parking is shown to demonstrate that compliance could be achieved if the use of the property was changed. It was asked that the entry to the parking be delineated after evaluating truck movements to make certain the opposing side of the road will not be adversely affected. The applicant represented that they will connect to public water, but intend to use the existing on-lot sewage disposal. The sewage line was scoped and the plans indicate the extent of investigation. There is no information regarding the drain field other than no obvious malfunctioning. It was suggested that a Health Department recommendation be sought. The applicant will comply with Best Management Practices for storm water management as shown on the plans. The plans show the correct number of street trees, but a waiver is sought for the locations due to the existing parking lot configuration. It was stated that it hours of operations is 7:30 am to 5 pm and that outdoor lighting currently exists on building and poles. The open space easement is proposed to be privately owned with resource restrictions, but no language has been offered.

 

            Motion by Carson Schneck, second by Jack Merritt with unanimous vote to recommend approval on the condition that all comments of the Bucks County Planning Commission (June 23, 2010) and Andersen Engineering (June 11, 2010) reviews be resolved.

 

            Bimes– Hillcrest & Freier Rds. - TMP – 23-21-120-1

                        Mr. Bimes asked that the Planning Commission provide informal feedback on three alternatives that he is considering for his property. The first alternative subdivides a lot off on the Freier Road side. The new lot (which had previously existed, but had been consolidated into one lot), would create a lot line less than 100 feet from an existing barn. The Planning Commission advised this could no be done unless a variance is granted by the Zoning Hearing Board. The second alternative subdivides a larger lot off on the Freier Road side, but does not create a lot line that violates the setback for the barn (there is an existing setback deficiency that remains unchanged). The Planning Commission advised that this appears to comply with zoning. The third alternative shows a cul-de-sac with multiple lots that appears to comply once the barn is removed. All proposals would require public water and sewer. The Planning Commission stated that their comments were informal and any submission would be subject to normal review.

 

            Milford Village– Rt. 663 & Portzer Road - TMP – 23-15-115

                        Milford Village/LifeQuest had intended to revise their pending lot consolidation plan, but withdrew that request and made application for a two lot subdivision. The applicant represented that both plans are needed to address their financing concerns. The applicant was advised that clearly defined covenants and restrictions would be required to demonstrate compliance with the Arterial Mixed Use Master Plan limitations and required improvements. The Planning Commission questioned if a separation of ownership has implications regarding the AMU Master Plan approval. The two lot subdivision plan (prepared by Pany & Lentz, three sheets dated July 27, 2010 with no revision) was accepted for review.

 

Special Exceptions

 

            Donigian - 2230 Mill Hill Rd Road TMP – 23-10-114

                        Application of Donigian for a Special Exception under Sections 804 a. to extend a non-conforming front yard with a 57 ft setback where 75 ft is required.

            Motion by Carson Schneck, second by Sue Edward with unanimous vote to recommend approval noting that the proposal appears to comply with Zoning Section 804 (a).

 

Angstadt – 2184 Spinnerstown Rd (TMP # 23-3-20)

            This application is for a Special Exception under Section 808 for a change of a non-conforming use to allow motorcycle repairs. The previous use involved transmission service and auto inspection. The proposed use would be for motorcycle repair and inspection

            Motion by Carson Schneck, second by Jack Merritt with unanimous vote to recommend approval so long as the conditions in the zoning ordinance are met.

 

New Submission – accepted for review

 

            Barringer– 2256 Miil Hill Rd - TMP – 23-15-84 & 25-15-120

                        Lot Line Adjustment prepared by Brian Nixon, two sheets dated June 28, 2010 with no revisions.

 

Public Comment

 

Terry and Nancy Wark asked detailed question regarding the approval for the Brookfield subdivision in 2005-2006 and the potential for utilities and a drive to be extended to their property.

 

Public Comment - There being no further business, the meeting was adjourned at 8:40 p.m.

 

 

Milford Township Planning Commission

Minutes of August 25 28, 2010 Regular Meeting

 

Call to Order: the Chairman called Meeting to Order at 7:30 p.m. at the Milford Township Municipal Building.

 

Members Present: Fran Murray, Chairman; Carson Schneck, Sue Edwards, Jack Merritt. Ed Bolton was excused/

 

Approval of Minutes of July 28, 2010

 

Next Meeting will be on September 29, 2010

 

Reviews

 

            Milford Village/LifeQuest – 2 lot subdivision – Rt. 663 & Portzer Rd

 

                        Mr. Markward stated that this proposal is submitted to subdivide a parcel into two lots of approximately 30 and 34 acres so one lot can be sold. He represented that a Declaration of Covenants and Restrictions will be recorded with each deed specifying that the properties are subject to the limitations of the Unified Master Plan approved for the arterial mixed use development for that site. Mr. Vey stated that he was instructed by the Supervisors to establish an understanding that the restrictive covenant should specify what rights and limitations go with each property, that there will be a conditional use hearing with each phase of the development to ensure these densities and limitations are not exceeded, that the approved Master Plan be recorded before this subdivision plan and that there is a clear understanding and specification of the public improvements that are required.

 

            Jack Merritt moved for approval on the condition that the AMU Master Plan is first recorded and deed restriction be placed on each parcel ensuring compliance with the Master Plan densities and limitations, seconded by Sue Edward and passed unanimously

 

            Penny Snider– Planning Module for new sand mound for Tmp 23-20-113 (2010 Upper Ridge Road). Jack Merritt moved for approval, seconded by Sue Edward and passed unanimously.

 

 

Conditional Use

 

            T-Mobile Hearing 9/7

            Addition of antennas and equipment on existing towers at two locations:

            TMP 23-07-013-001 Old Plains Road , and

            TMP 23-05-098 2150 Rosedale Road.

 

            Jack Merritt moved for approval of both applications on the condition that the fencing and landscaping requirements for telecommunications facilities be satisfied, seconded by Sue Edward and passed unanimously

 

New Submission – none

 

Baringer - Lot line Adjustment Mill Hill Road - TMP 23-015-084 & TMP 23-015-120 application withdrawn August 5, 2010 letter from Norman Baringer

 

 

Public Comment

 

None

 

Adjournment - There being no further business, the meeting was adjourned at 8:20 p.m.

 

 

Milford Township Planning Commission

Minutes of September 29, 2010 Regular Meeting

 

Call to Order: the Chairman called Meeting to Order at 7:30 p.m. at the Milford Township Municipal Building.

 

Members Present: Fran Murray, Chairman; Carson Schneck, Sue Edwards, Jack Merritt

 

Approval of Minutes of August 25, 2010

 

Next Meeting will be on October 27, 2010

 

Reviews

 

No pending reviews

 

Special Exceptions

 

            Wolfe – 1785 Canary Road

                        The application seeks approval to put an addition on the rear of the house continuing a deficient setback along Fennel Road. It was noted that the setback will be greater than the setback to the current structure. Peter Andersen, Township Engineer, indicated that there are obstructions in the sight distance along Canary Road looking south from Fennel Road. Mr. Wolfe stated that he is willing to work with the township and would allow removal of a large tree. Mr. Vey, Township Manager, thanked Mr. Wolfe and told him the Roadmaster would be contacting him.

 

            Carson Schneck moved that the Planning Commission recommend approval of the special exception since it appears to meet the requirements of section 804 a. Seconded by Merritt and passed unanimously.

 

Trexler – 1780 Fels Rd

            The application seeks approval to rebuild a front porch with a roof utilizing the previous deficient setback.

            Carson Schneck moved that the Planning Commission recommend approval of the special exception since it appears to meet the requirements of section 805. Seconded by Edwards and passed unanimously.

 

New Submission – none

 

Public Comment

 

None

 

Adjournment - There being no further business, the meeting was adjourned at 7:50 p.m.

 

            The October 27^th, 2010 meeting was cancelled

 

            The November 17^th, 2010 meeting was cancelled

 

Milford Township Planning Commission

Minutes of December 15, 2010 Regular Meeting

 

Call to Order: the Chairman called Meeting to Order at 7:30 p.m. at the Milford Township Municipal Building.

 

Members Present: Fran Murray, Chairman; Carson Schneck, Ed Bolton, Jack Merritt, Sue Edwards was excused

 

Approval of Minutes of September 29, 2010 - Next Meeting will be on January 26, 2011

 

Reviews

            Papiernik – Minor Subdivision - Spinnerstown Road at Valley View Drive – TMP 23-2-60

                       

                        It was noted that this proposal is to subdivide an existing parcel with an existing twin residence so each dwelling unit will be on a separate parcel that can be owned by the resident. The proposal also involves the dedication of 27, 857 sq. ft. of open space to the township and the transfer of 1,135 sq. ft. of land from adjoining township open space to lot 1 so an existing driveway will be on the lot rather than remain as an encroachment.

            Both the Andersen Engineering review (November 10, 2010) and the Bucks County Planning Commission review (December 14, 2010) were discussed and the applicant agreed to comply with all points except the BCPC opinion that sidewalks be installed along all frontages. The township planning commission had considerable discussion and concluded that the sidewalks already provide access to the area being dedicated to the township and the subdivision does not create any new dwellings so the planning commission supports the applicant’s request to waive additional sidewalks.

 

            Jack Merritt moved that the Planning Commission recommend approval of the final plan including all four waiver requests. Seconded by Bolton and passed unanimously.

 

Special Exceptions

            Henning – 1907 John Fries Hwy (Rt. 663) – TMP 23-10-21-6

 

                        This application proposes a 40,000 sq. ft. addition (20,000 sq. ft. footprint) in front of the former Lacey’s Pub to house a 20 lane bowling alley on one floor and a go-cart course on a second floor. The application is a request for a special exception under section 804a to allow the extension of a non-conforming side yard setback and a request for a variance from Section 404 E22 k to allow the reduction of parking soaces from 247 required to 174 provided.

                        The Planning Commission noted that the side yard setback is from open space that had been dedicated to the township with an agreement that allowed the side yard to be measured to the original property line since they could have placed a deed restriction on the property involved rather than dedicate it as fee simple open space. The Planning Commission had no problem with the setback asking that the township solicitor determine if a special exception is necessary. It was also noted that the addition intrudes into the wetlands margin, but it appears that it is within the 20% allowed which must be verified at the land development stage.

                        There was great concern regarding the parking reduction since there is no supporting documentation to justify the reduction. The E22 (Multiple Commercial) use appears to be applicable, but has somewhat reduced required parking from the combination of E5 (Eating Place) and E10 (Indoor Entertainment). Section 516 e allows Joint Use of parking areas and requires a special exception if the required number of spaces is reduced. Section 517 also allows a reduction of parking spaces if it can be demonstrated that the total number can be provided and financial security is posted to ensure they are provided if needed. Mr. Merritt stated that from his experience in the industry, the bowling alley alone might require 160 spaces.

            Carson Schneck moved that the Planning Commission recommend rejection of the parking variance since there is no supporting documentation to justify the request unless the hearing is scheduled in February allowing the applicant to attend the next planning meeting. Seconded by Merritt and passed unanimously.

 

New Submission - Milford Convenience – Lot Line Change – Route 663 and Weiss Rd – TMP 23-10-100 & 101

 

Public Comment - None

 

Adjournment - There being no further business, the meeting was adjourned at 8:25 p.m.