Minutes of the Wilmington Township Planning Commission
Meeting of July 21, 2009
The meeting was convened at 8:05 p.m. at the Township Building.
Members present: William Allen; Frank Antoniazzi, chair; John M. Byler; Frederick Neikirk, secretary; and Lynn Williams.
Members absent: None.
Visitors: Dan Byler, Jonathan Byler, Levi Byler, Steve Byler, Jacob Hostetler, John Kurtz, Dan Mast, Joe Mast, Neil Wengerd, and Aaron Yoder.
1. Secretary’s Report
a. The minutes of the meeting of June 23, 2009, were read and, on motion, approved as presented.
b. Correspondence: None.
2. The Commission took up the proposed Thomas C. and Rebecca A. Zundel Subdivision. This is a one lot subdivision of .087 acres to be taken from the land owned by the Zundels and transferred to become part of the parcel owned by Donald E. and Elizabeth B. Evans. Thus this is a lot-line adjustment. The land to be transferred is intended as a non-building, side-lot addition. The proposed subdivision is located off James Street in an area zoned R-1. Both main lots contain dwellings with on-lot water and septic systems. Waivers were requested for location of benchmark (sec. 2303.2.i); soil types and boundaries (sec. 2303.2.n); Pennsylvania One Call System Serial Number (sec. 2303.2.o); information on driveways exiting onto township or state roads (sec. 2303.2.p); and ground elevations (sec. 2303.1.g) since no activities are planned for the land that would require this information. The application was timely filed and all fees have been paid. The review letter from the County Planning Commission has been received, and the request for a Non-Building Waiver from Sewage Planning has been received.
It was moved, seconded, and carried to grant the requested waivers.
It was moved, seconded, and carried to approve the proposed subdivision. The Secretary signed the Non-Building Waiver, and the Chairman and Secretary signed the mylar copy of the plan and one additional copy.
3. The Commission took up four requests for approval of conditional uses under the recently adopted ordinance allowing farm based businesses as part of an Agricultural Mixed Use. (See sections 100.2a and 800.39 of the Zoning Ordinance.) All four applications were submitted at this meeting with proper fees. Section 208 of the Township Zoning Ordinance (an amendment adopted by the Supervisors in 2007 at the recommendation of the Planning Commission) requires all such requests to be submitted at least twenty-one days prior to the meeting of the Planning Commission at which the request is to be considered. Somehow the applicants were under the impression that the Commission could take up these applications at this meeting. It was moved, seconded, and carried that because this is a new process the Commission waive the requirement that the applications be submitted twenty-one days prior to this meeting and that the Commission take up these applications at this meeting. (See 06/23/09, items 2.b.2-3 for information on the procedures adopted by the Supervisors for dealing with conditional use applications for Agricultural Mixed Uses.)
a. The first application was from Jonathan S. Byler. Mr. Byler owns a farm of 61 acres off Fayette-Neshannock Falls Road, in an area zoned Agricultural. He is seeking approval for a conditional use to operate a large farm based business on his farm as part of an Agricultural Mixed Use. The business was in operation prior to the adoption of the relevant amendment to the Zoning Ordinance. The business consists of the production of rustic furniture, primarily to be sold at wholesale. This qualifies as a farm based business. Mr. Byler provided a map of the property and a floor plan of the building. The building that houses the business has an area of 3200 square feet. The area containing the shop is surrounded by wooded areas and fields. The application asserts that the business meets all the setback requirements, limitations on traffic, and requirements with regard to limitations on lot coverage (both from buildings and from driveways, etc.). It also asserts that the business will comply with the limitation on the number of employees as specified in the Ordinance. There was no request for a sign.
It was moved, seconded, and carried that the Commission recommend approval of this conditional use application, and that the Secretary be directed to communicate to the Supervisors that the plan appears to meet all the conditions of the Ordinance and that we recommend that the Supervisors approve the conditional use.
b. The second application was from Jacob H. Hostetler. Mr. Hostetler owns a parcel of 6.66 acres off Hostetler Lane. The parcel is used primarily for agricultural endeavors. It is in an area zoned Agricultural. He is seeking approval for a conditional use to operate a large farm based business on this parcel as part of an Agricultural Mixed Use. The business was in operation prior to the adoption of the relevant amendment to the Zoning Ordinance. The business consists of the hickory furniture, primarily to be sold at wholesale. This qualifies as a farm based business. Mr. Hostetler provided a map of the property and a floor plan of the building. The building that houses the business has an area of 3392 square feet. The area containing the shop is surrounded by fields. The application asserts that the business meets all the setback requirements, limitations on traffic, and requirements with regard to limitations on lot coverage (both from buildings and from driveways, etc.). It also asserts that the business will comply with the limitation on the number of employees as specified in the Ordinance. There was no request for a sign.
It was moved, seconded, and carried that the Commission recommend approval of this conditional use application, and that the Secretary be directed to communicate to the Supervisors that the plan appears to meet all the conditions of the Ordinance and that we recommend that the Supervisors approve the conditional use.
c. The third application was from Levi J. Byler. Mr. Byler owns a parcel of 4 acres off Covered Bridge Road, in an area zoned Agricultural. The parcel is used primarily for agricultural endeavors. He is seeking approval for a conditional use to operate a large farm based business on this parcel as part of an Agricultural Mixed Use. The business is not yet in operation. The Business will consist of a woodworking shop, primarily for the production of storage sheds. This qualifies as a farm based business. Mr. Byler provided a map of the property and a floor plan of the building. The building that houses the business has an area of 2400 square feet. The area containing the shop is surrounded by fields. The application asserts that the business meets all the setback requirements, limitations on traffic, and requirements with regard to limitations on lot coverage (both from buildings and from driveways, etc.). It also asserts that the business will comply with the limitation on the number of employees as specified in the Ordinance. There was a request for a sign of 6 square feet. This falls within the size allowed by the Zoning Ordinance.
It was moved, seconded, and carried that the Commission recommend approval of this conditional use application, and that the Secretary be directed to communicate to the Supervisors that the plan appears to meet all the conditions of the Ordinance and that we recommend that the Supervisors approve the conditional use.
d. The fourth application was from Joe Mast. Mr. Mast owns a farm of 10 acres off Fayette-Neshannock Falls Road, in an area zoned Agricultural. He is seeking approval for a conditional use to operate a large farm based business on his farm as part of an Agricultural Mixed Use. The business was in operation prior to the adoption of the relevant amendment to the Zoning Ordinance. The Business consists of the production of rustic furniture, primarily to be sold at wholesale. This qualifies as a farm based business. Mr. Byler provided a map of the property and a floor plan of the building. The building that houses the business has an area of 1920 square feet. The area containing the shop is surrounded by wooded areas and fields. The application asserts that the business meets all the setback requirements, limitations on traffic, and requirements with regard to limitations on lot coverage (both from buildings and from driveways, etc.). It also asserts that the business will comply with the limitation on the number of employees as specified in the Ordinance. There was no request for a sign.
It was moved, seconded, and carried that the Commission recommend approval of this conditional use application, and that the Secretary be directed to communicate to the Supervisors that the plan appears to meet all the conditions of the Ordinance and that we recommend that the Supervisors approve the conditional use.
4. The Commission considered some additional items that should be on the form to be used by those seeking approval of applications for Agricultural Mixed Uses. Lynn Williams will incorporate these and get the revised form to the Township Secretary for distribution.
5. A member of the audience asked if the Commission was still considering recommending an amendment to the Zoning Ordinance to cover sawmills. There was discussion of what might be included in such an ordinance. The Secretary will try to provide a draft amendment at the August meeting.
There being no further business that could be accomplished at this meeting, the meeting was adjourned at 9:30 p.m.
Frederick R. Neikirk
Secretary