This was copied via OCR and placed here on 17 Dec 2012. FJA
Minutes of the Wilmington Township Planning Commission
Meeting of January 17, 2012
The meeting was convened at 8:01 p.m. at the Township Building.
Members present:
William Allen;
Frank Antoniazzi, chair;
John Byler, and
Frederick Neikirk, secretary.
Members absent:
Lynn Williams.
Visitors:
Dan Byler and
Rudy Byler.
1. Secretary's Report
a. The Secretary distributed a proposed agenda. This was adopted by common consent and is reflected in the order of business below.
b. The minutes of the meeting of December 20 were distributed and read. On motion, they were approved as presented.
c. Reported that he had written to Sam Byler as directed by the Commission (see 12/20/11, item 3).
2. It was moved, seconded, and carried that Frank Antoniazzi be elected Chairman for 2012 and that. Frederick Neikirk be elected Secretary.
3. Dan Byler was present in support of the proposed subdivision of Sam and Elizabeth Byler. A revised proposal has been received. (See 11/15/11, item 4 for background.) The proposed subdivision would divide 1.73 acres from lands owned by the applicants and convey them as a sidelot addition to a lot owned by Dan and Ada Byler. The proposed subdivision is located adjacent to Lonely Lane in an area zoned "Agricultural." The parcel being conveyed is not intended as a building lot.
The application was timely filed and all fees have been paid, although some were paid late. The comments of the County Planning Office were previously received. It appears that the comments pertinent to our review have been addressed in the revision. The applicant is seeking waivers for the following on the grounds that this will be a non-building lot: topographic data (sec. 2303.1.g), location of the benchmark (sec. 2303.2.i), soil types and boundaries (sec. 2303.2.n), and PA One Call Serial Number (sec. 2303.2.o). The DEP Planning Waiver and Non-Building Declaration has been received but it lacks the signature of the Sewage Enforcement Officer.
It was moved, seconded, and carried that the requested waivers be approved. It was moved, seconded, and carried that the subdivision be approved pending either the SEO signing the Non-Building Declaration or affirming that his signature is not needed.
The officers will sign the various documents after we hear back from the SEO.
4. Rudy Byler was present in support of his application to conduct an agricultural mixed use involving a large farm based business on his farm which is located on Fayette-Neshannock Falls Road. He intends to build a building of 2592 square feet (plus 350 square feet of new parking area) on land that was recently added to his property as a sidelot addition (see 10/18/11, item 2 and 11/15/11, item 2). This parcel was designated as a non-building lot at the time it was subdivided. As a result the Planning Commission granted waivers for a number of items that would have been required had the plans specified that a building would be constructed on the parcel. It is not clear, therefore, whether this project could be approved without a change in the subdivision drawings.
Also, this is the first project in the 2500-5000 sq ft range since the adoption of the new stormwater ordinance. There were a number of questions as to how the requirements of that ordinance would apply in this case.
It was agreed by common consent that the Commission does not see any concerns with the project as such. However, the concerns in the previous two paragraphs need to be addressed. It was agreed by common consent that the Secretary will contact the Township Solicitor and Township Engineer to try to get further clarification on these matters. It was agreed by common consent that formal consideration of this request will be postponed until our February meeting. It was moved, seconded, and carried that we ask the Supervisors to schedule a hearing on the conditional use request for their first meeting after our February meeting in the hope that we will have all our questions resolved by then.
5. Revised land development and stormwater management plans for Family Medical were submitted to the Township today. Those will likely be on our agenda in February.
6. A response has been received from the County Commissioners to our letter expressing concerns about the requirements of the County Stormwater Ordinance (see Attachment 1).
The letter was shared and discussed.
It was agreed that the Commissioners did not provide satisfaction.
In addition there were questions as to the factual accuracy of some of their responses.
7. It was moved, seconded, and carried to postpone discussion of the model "Ordinance for Oil and Gas Exploration" until the February meeting.
On motion, the meeting adjourned at 10:08 p.m.
Frederick R. Neikirk
Secretary