Minutes of the Wilmington Township Planning Commission
Meeting of June 23, 2009
The meeting was convened at 8:05 p.m. at the Township Building.
Members present: William Allen; Frank Antoniazzi, chair; and Frederick Neikirk, secretary.
Members absent: John M. Byler and Lynn Willams.
Visitors: Levi Byler, Joe Knott, Jacob Mast, and Neil Wengerd.
1. Secretary’s Report
a. The minutes of the meeting of May 26, 2009 were read and, on motion, approved as presented.
b. Correspondence
1. Reported that he had written to Chris Wengerd and Ron Bittler relative to the concerns with the application for the Chris J. Wengerd subdivision (see 05/26/09, item 2).
2. Reported that he had spoken with the Township Solicitor and had done additional research relative to the requirements for holding hearings on conditional use applications, and, based on those findings, had presented a series of recommendations to the Supervisors with regard to how they might be able to offer conditional use hearings on farm based business applications at a lower than normal cost (see 05/26/09, item 5 for background and Attachment 1 for the recommendations).
3. Reported that the Township Secretary had notified him that the Supervisors had adopted the recommendations on procedures and fees for conditional use hearings on farm based business applications, and that those procedures and fees would be in effect until January 1, 2010.
4. Shared the form that Lynn Williams developed for use with farm based business applications (see 05/26/09, item 4 for background). Members of the Commission suggested some additional items that should be included. The Secretary will incorporate those. It was agreed that we should begin using the draft form immediately. The Commission will deal with the final version at its July meeting.
2. The Commission took up the proposed Chris J. Wengerd Subdivision. (See 05/26/09, item 2 for background and the Commission’s action with regard to the Non-Building Waiver). The surveyor, Ron Bittler, had presented a revised drawing that showed the elements that had previously been missing. He also requested waivers for the following items: Location of benchmark (sec. 2303.2.i); soil types and boundaries (sec. 2303.2.n); and Pennsylvania One Call System Serial Number (sec. 2303.2.o).
It was moved, seconded, and carried to grant the requested waivers. It was moved, seconded, and carried to approve the subdivision. The Chairman and Secretary signed the mylar copy of the plan and an additional copy.
3. Mr. Knott was present in support of the proposed subdivision of Levi J. and Maggie J. Byler. This is a one lot subdivision of 2.771 acres to be taken from one parcel owned by the Bylers and added to another parcel owned by the Bylers. Thus this is a lot-line adjustment. The land to be transferred is intended for agricultural use. The proposed subdivision is located off Covered Bridge Road in an area zoned Agricultural. The lot to which the new land is to be added has an Amish dwelling and barn, with a privy and on-lot water. 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.
4. Mr. Knott was also present in support of the proposed Neil (aka Neal) G. and Nancy D. Wengerd subdivision. This is a two lot subdivision located off Wilson Mill Road. Part of the proposed subdivision is in an area zoned R-1 and the rest is in an area zoned Agricultural. Lot 3 consists of 22.619 acres and is intended to be a separate building lot. Lot 2 consists of .119 acre and is to be conveyed to Michael Mrozak and Erin Wilson as a side-lot addition. This plan constitutes a minor subdivision. The remaining land has an Amish dwelling and barn, with a privy and on-lot water. With regard to Lot 2, 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. With regard to Lot 3, waivers were requested for location of benchmark (sec. 2303.2.i) and Pennsylvania One Call System Serial Number (sec. 2303.2.o).
The application was timely filed and all fees have been paid. The review letter from the County Planning Commission has been received. The request for a Non-Building Waiver from Sewage Planning for Lot 2 has been received. The Sewage Facilities Planning Module for Lot 3 has been received. A spray irrigation system is planned for Lot 3. The isolation area around the spray field is shown on the drawing.
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 Sewage Facilities Planning Module, and the Chairman and Secretary signed the mylar copy of the plan and one additional copy.
5. A request has been received from John M. Byler for approval of a conditional use to operate a large farm based business as part of an agricultural mixed use. The property is located on Bent Oak Lane in an area Zoned Agricultural. Mr. Byler operates a shop where he builds rocking chairs that he sells at wholesale. He is proposing to expand his shop. The total area of the buildings dedicated to this use will be 3456 sq ft. He will have one employee beyond family members, and he estimates that traffic averages less than one vehicle per week. He provided a map of the property and floor plans for the buildings. The business qualifies as a farm based business. The plan meets all the requirements with regard to lot coverage (both from buildings and from driveways, etc.). The plan meets all the setback requirements. The buildings are over 100 ft from the property lines and much of the surrounding land is wooded. There is no request for a sign. The application was timely filed and all fees have been paid.
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.
There being no further business that could be accomplished at this meeting, the meeting was adjourned at 9:12 p.m.
Frederick R. Neikirk
Secretary