Minutes of the Wilmington Township Planning Commission
Meeting of March 20, 2007
The meeting was convened at 8:04 p.m. at the Township Building.
Members present: William Allen; Frank Antoniazzi, chair; Dale King; Frederick Neikirk, secretary; and Lynn Williams.
Members absent: None..
Visitors: John Byler, Steve E. Byler, John Felix, and Brandy Kunsman.
1. Secretary’s Report
a. The minutes of the meeting of February 20, 2007, were read and, on motion, approved.
2. Ms. Kunsman was present in support of the proposed Neff Subdivision. This is a lot-line adjustment for properties abutting Smith Road that were originally part of the Golba Subdivision of 2004. The proposal is to transfer 2.25 acres from lot 1 to lot 2 as a side lot addition. All relevant requirements of the SALDO (see sec. 2301.5) have been met. The application was timely filed and a review letter has been received from the County Planning Department.
Members of the Planning Commission expressed concern with regard to the site shown for the spray irrigation sewage disposal system on lot 1. The plan notes the requirement of State law that occupied buildings, swimming pools, and wells must be located at least 100' from the wetted perimeter of the system. However, that 100' distance extends onto three neighboring properties. Members of the Commission stated they could not approve the proposed subdivision unless each of the neighbors concur with this situation or evidence is provided that State law makes clear that a situation such as this cannot be a bar to approval of a subdivision.
On further investigation it was discovered that the problem was caused, in part, by the need to move the site of the spray system for lot 1 since the original site for this lot was on the parcel being transferred to lot 2.
The Secretary tried to reach the Township Sewage Enforcement Officer to get clarification of this situation, but was unable to do so before the end of the meeting. It was agreed by common consent to table the proposed subdivision, and to ask the Secretary to contact the SEO and the Township Solicitor to get advice on this matter.
[Secretary’s note: I contacted the SEO. He contacted DEP. The regulation states that spray irrigation systems can be sited no closer than 25' from a property line. However, DEP agrees that if the 100' buffer zone encroaches on neighboring properties the neighbors would have to agree to the concomitant restriction before the system could be installed. I contacted the Solicitor. He agreed that the Planning Commission cannot approve the proposed subdivision until this matter is addressed. In his view the restriction to neighboring property owners that would come from siting the system as noted on the plan would constitute a “taking.” His advice is that we can approve this plan only if we have evidence that each of the impacted property owners has agreed to a covenant allowing a perpetual easement on their land for the purpose of providing the required buffer area.
3. John Byler and Steve Byler were present with regard to a proposed John D. Byler Subdivision. However, the plans for this subdivision were not submitted until March 9 (less than 21 days prior to the meeting) and no review letter has been received by the County. Members of the Commission considered the plan informally as allowed by sec. 2301.1.D of the SALDO. Individual members made suggestions to the Bylers and answered questions, noting that all such advice was for the assistance of the applicant only and should not be considered as binding on either the applicant or the Commission. At the request of the applicant, the Secretary agreed to communicate the various suggestions and concerns to the surveyor who prepared the plan.
4. John Felix was present with regard to the Jacqueline House Bed and Breakfast. They are nearly ready to reopen after renovations following a recent fire. He wanted to know if business meetings could be held in the facility. Members of the Commission shared informal opinions but noted this was really a question for the Zoning Officer. Since Mr. Felix was not asking for a conditional use or a change in the zoning ordinance there was no action for the Commission to take with regard to this matter.
There being no further business that could be accomplished at this meeting, the meeting was adjourned at 9:20 p.m.
Frederick R. Neikirk
Secretary