Meeting Minutes
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Board of Supervisors
Tuesday, February 16, 2010
SOLEBURY TOWNSHIP BOARD OF SUPERVISORS
February 16, 2010 – 7:00 P.M.
Solebury Township Hall
MINUTES
Attendance: Peter Augenblick, Chair, Dominic Marano, Vice-Chair, Robert Heath, Jr., Michael Kennerley and Edward McGahan, Jr. Gretchen K. Rice, Assistant Manager, Paul A. Logan, Solicitor and Eric Janetka, P.E., were also present.
The meeting was called to order followed by the Pledge of Allegiance.
Approval of Bills Payable
Res. 2010-72 – Upon a motion by Mr. Heath, seconded by Mr. Kennerley, the list of Bills Payable dated February 9, 2010 was unanimously approved as prepared and posted.
Approval of Minutes – February 2, 2010
Res. 2010-73 – Upon a motion by Mr. Marano, seconded by Mr. McGahan, the Minutes of February 2, 2010 were unanimously approved as written and posted.
Announcements/Resignations/Appointments
• The Board announced an executive session held on February 9th involving personnel issues.
• The Board announced the following advisory board appointments:
Charlotte Zanidakis to the Land Preservation Committee, without compensation, for a one year term to expire December 31, 2010;
Michael Warden and Eric Stephens as alternates to the Zoning Hearing Board, without compensation for three year terms expiring December 31, 2012;
Matthew Hayden to the Parks & Recreation Board, without compensation, for a five year term to expire December 31, 2014;
Michael Farbotnik and Lauren McDonough to the Environmental Advisory Council, without compensation, for three year terms to expire December 31, 2012.
Public Comment – No early public comment was offered.
OLD BUSINESS – No old business was discussed.
NEW BUSINESS
Discussion with Land Preservation Committee – Karl Pettit, Chair, addressed the Board providing detail on 2009 accomplishments and goals for the current year. Mr. Pettit provided detail on completed projects and the resulting benefit to the Township. The presentation also included an update on acreage currently under consideration for easements and the anticipated costs associated with acquiring those easements.
Discussion regarding future borrowing for Land Preservation – Considering the information provided by the Land Preservation Committee, the Board took the following action.
Res. 2010-74 – Upon a motion by Mr. McGahan, seconded by Mr. Marano, it was unanimously agreed to authorize the administration to initiate a draw down of a portion of the $12 million available in a new issue of $5 million with a proposed settlement in late 2010.
Discussion regarding sale of Roeser property – Terry Clemons, Special Counsel to the Township regarding land preservation, addressed the Board regarding options for disposing of the two subdivided lots on Street Road. The Board discussed removal of some or all of the easements on the two lots, and considered public comment offered.
Res. 2010-75 – Upon a motion by Mr. McGahan, seconded by Mr. Marano, it was unanimously agreed to authorize the administration and Special Counsel to proceed with again marketing the property for a sealed bid.
Mr. McGahan motioned, and Mr. Marano seconded, that all easements, with exception of the easement on the historic wall along Street Road, are to be removed and that no further subdivision of the two lots is tobe permitted. Discussion followed with recommendation to amend the motion to reflect that the façade easement only would be removed. Mr. Marano revised his second. Mr. McGahan did not revise his original motion. There being no second on the original motion, the original motion fails.
Res. 2010-76 – Upon a motion by Mr. Kennerley, seconded by Mr. Heath, it was agreed to authorize Special Counsel to initiate steps to remove only the façade easement on the Victorian home.
In Favor: Mr. Kennerley, Mr. Heath, Mr. Augenblick
Opposed: Mr. Marano and Mr. McGahan
Motion carries.
The Board further directed the administration to obtain bids for a structural engineer to assess the condition of the Victorian home.
Louis Rosa, 3533 Windy Bush Road – Request for Planning Exemption
Res. 2010-77 – Upon a motion by Mr. Kennerley, seconded by Mr. Heath, it was unanimously agreed to authorize the appropriate official to execute the Planning Exemption Waiver Request and forward same to the Department of Environmental Protection for the Rosa property, TMP 41-36-20-1.
HARB – Todd Broad Property – Aquetong Road – Accepting the recommendations of the Historical Architectural Review Board, the following action was taken.
Res. 2010-78 – Upon a motion by Mr. Kennerley, seconded by Mr. McGahan, it was unanimously agreed to issue a Certificate of Appropriateness to TMP 41-4-29 accepting the proposal to redo the side porch minus the handrail as submitted with the revision of no transom above the door as proposed on the plan dated November 3, 2009 and confirming that the approval does not include the recommendation for approval of the handrail for the steps which applicant will submit at a later date, and to issue a Certificate of Appropriateness to TMP 41-4-29 for the replacement or rehabilitation of sashes to result in 2 over 2 throughout the house within existing frames and trim.
SUBDIVISION/LAND DEVELOPMENTS
Marion Farms Preliminary/Final Resolution
Res. 2010-79 – Upon a motion by Mr. McGahan, seconded by Mr. Marano, it was unanimously agreed to grant conditional Preliminary/Final approval to the Marion Farms Subdivision, TMP 41-2-101, Twp. Plan No. 05-570, as follows:
Being Resolved, on the date set forth below, in accordance to procedures required of Solebury Township under law, and in accordance to adopted ordinances as applicable, that the Final Subdivision Plan – Subdivision of Permanently Preserved Land (“Final Plan”) for William G. Mulligan and Eileen D. Mulligan (“Applicants”), for a subdivision generally known as the MARION FARMS SUBDIVISIONis hereby CONDITIONALLY APPROVED (“Final Approval”) as follows:
The Applicants are the owners of a parcel of land containing 64.4385 acres, more or less, with frontage on Greenhill Road (S.R. 1007), also known and identified as Bucks County Tax Map Parcel 41-002-101 (“Property”). The Property is subject to a conservation easement in favor of Heritage Conservancy which conservation easement was recorded in the office of the Recorder of Deeds for Bucks County, Pennsylvania, in Land Record Book 2548, page 1195, together with a plan recorded at Plan Book 307, page 73, on December 31, 2001 (“Conservation Easement”). Because the Property is subject to the Conservation Easement, the Final Plan was reviewed and is approved under the regulations governing the subdivision of permanently preserved land as set forth in the Solebury Township Subdivision and Land Development Ordinance.
The Final Plan proposes to subdivide the Property into a total of three (3) lots. Lot 3 will contain all existing buildings located on the Property. As of the date of Final Approval, the improvements on Lot 3 include a primary dwelling and two accessory dwelling units. Proposed Lot 1 and proposed Lot 2 are each more than 10 acres in size. Access to Lot 1 and Lot 2 will be over a shared driveway to be constructed partially on Lot 1 and partially on Lot 2 in the location shown on the Final Plans. Both Lot 1 and Lot 2 are proposed to be served by on-lot septic systems and wells.
The Final Plan approved by the Board is that certain set of plans identified as “Final Subdivision Plan – Subdivision of Permanently Preserved Land made for William G. and Eileen D. Mulligan – Marion Farms,” prepared by Tri-State Engineers and Land Surveyors, Inc. dated February 12, 2003, last revised November 6, 2009. The Final Plan was reviewed by the Township Engineer and a review letter dated December 3, 2009 was issued. The Final Plan was also reviewed by the Township Planner.
The Final Plan was reviewed by the Solebury Township Planning Commission and conditional final plan approval was recommended at its December 14, 2009 meeting.
THE FINAL PLAN APPROVAL, AS AUTHORIZED HEREIN, IS CONDITIONED UPON AND SUBJECT TO THE TERMS SET FORTH HEREINAFTER:
1. Applicants have requested waivers of specific provisions of the Subdivision and Land Development Ordinance (“SALDO”). The Board has reviewed the requested waivers and has approved the following waivers for the reasons set forth below:
A. Waiver from SALDO, Section 5.15.B which requires that side lot lines of proposed lots must be at right angles or radial to the ultimate right-of-way. In this case, compliance with that requirement is impossible because of the fact that the property boundary lines and the right-of-way line for Greenhill Road are not perpendicular or radial.
B. Waivers from SALDO, Sections 5.04.C.; 5.17.A. and 5.17.D which, unless waived, would require road improvements to Greenhill Road in the nature of curb, sidewalk and road widening. Greenhill Road is classified as a “Scenic Road.” The widening of the road and the installation of curb and sidewalk would be inconsistent with preservation of the scenic character of Greenhill Road.
C. Waiver from SALDO, Section 5.20.B which requires the installation of street trees along the frontage of a property at intervals of 35 feet. The Applicant has taken the position that SALDO Section 5.20.B does not apply to a subdivision of Permanently Preserved Land. However, if this section is applicable, the installation of street trees at regular intervals would be inconsistent with the classification of Greenhill Road as a “Scenic Road” and preservation of the character of the property as a preserved parcel. The scenic character of the road and preserved character of the parcel is best preserved by leaving the frontage along Greenhill Road as is and waiving the requirements of this section of the SALDO.
2. Prior to signing and recording the Final Plan, it shall be revised as necessary to comply with the Township Engineer’s review letter dated December 3, 2009, with the exception of those review comments which deal with matters as to which waivers from the SALDO have been granted and except as modified below:
A. Review Comment 8 refers to sight distance requirements at the intersection of the proposed driveway with Greenhill Road. Township agrees that this review comment will be deemed satisfied by the issuance by the Pennsylvania Department of Transportation of a Highway Occupancy Permit for the proposed driveway.
B. Review comment 11 refers to requirements for dedication of park and recreation facilities or payment of a fee-in-lieu. To satisfy these requirements the Township has agreed to accept a fee of $3,500.00 for each of Lots 1 and 2 payable at the time of conveyance of Lot 1 and Lot 2 to third parties. No fee-in-lieu of recreation is required to be paid to the Township in the event of the sale of Lot 3 or upon the sale of the entire tract to a single buyer, provided, however, the obligations respecting the sales of Lots 1 and 2 shall be binding on every successor owner.
3. Approval of the Final Plan is further conditioned upon Applicants’ execution of a Unilateral Declaration of Restrictive Covenants (“Declaration”) which Declaration shall be in form satisfactory to the Township Solicitor and which shall impose the following restrictions on the Property:
A. The Property will be held in common ownership (one principal dwelling and two accessory dwellings) until the sale of any one of the three lots to a third party. At the time of recording of the Plans, the number of accessory dwelling units on Lot 3 must be reduced to one (subject to confirmation and verification by the Township).
B. With regard to the shared driveway which is to be constructed within the area designated as Area “A” on the Final Plans and with respect to Area “A,” the Declaration will establish access rights over and across Area “A” and the shared driveway and shall allocate maintenance responsibilities with respect to Area “A” and the shared driveway.
4. Township acknowledges that in order to construct the shared driveway, it will be necessary for Applicants to grade within fifteen (15) feet of the trunks of some of the trees that are proposed to remain. Approval to construct the shared driveway as proposed is made subject to the following conditions to address the Township’s concern about construction activities damaging trees that are proposed to remain:
A. Any tree trunks or exposed roots that are damaged during construction of the shared driveway will be protected from further damage and treated in accordance with Section 5.20.L.6 of the SALDO.
B. Any tree that is proposed to remain and which dies within two (2) years of the completion of construction of the shared driveway will be replaced by the Applicants, their heirs and assigns, in accordance with the requirements of Section 5.20.M. of the SALDO.
5. In consideration of the Applicants’ agreements as set forth above, Township confirms that Section 1503 of the Zoning Ordinance does not prohibit the construction of the shared driveway or the clearing of vegetation in connection with its construction.
6. As a condition to the issuance of any building permit required for Lot 1, Lot 2 and/or Lot 3, a permit shall be obtained from the Bucks County Department of Health for the installation of any required on-lot sewage disposal facilities. In addition, approval of an erosion and sedimentation control plan shall be obtained and submitted to the Township before any earth disturbance on any lot.
7. Prior to the drilling of any well, pursuant to Article II, Section A of Ordinance 2004-216, a Class I Well Drilling Permit shall be obtained for any new well to be installed on Lot 1, Lot 2 or Lot 3. Further, pursuant to Article II, Section A of Ordinance 2004-216, each well shall be tested prior to the issuance of any building permits. All wells shall be installed in compliance with these requirements.
8. Prior to the signing and recording of the Final Plan, Applicants shall present to the Township for execution development and financial security agreements, together with all necessary deeds of dedication, deeds of easement, etc. which are necessary for the development. All lands, to be offered for dedication to the Township, shall have good and marketable title as will be insured by a reputable title insurance company reasonably satisfactory to the Township. If and when any property is accepted for dedication, title insurance shall be obtained at the sole cost and expense of the Applicant and shall guarantee ownership of any lands to be dedicated to the Township free and clear of all liens and encumbrances, except those created by virtue of final plan approval.
9. Prior to recordation of the Final Plan, one (1) original and three (3) copies of legal descriptions, signed and sealed by a professional land surveyor licensed in the Commonwealth of Pennsylvania must be submitted to the Township for review. These include, but are not limited to parcel out-boundary of Lot 1, Lot 2 and Lot 3; out-boundary of Area “A;” existing Philadelphia Electric Company right-of-way; and any other utility easement proposed on-site.
10. Prior to the signing and recording of the Final Plans, all outstanding legal, engineering and administrative fees due the Township as a result of the preliminary and final subdivision review, shall be paid in full to the Township.
WHEREAS, upon review and acceptance of this Resolution by the Township, it is HEREBY DULY RESOLVED that Final Subdivision Plan Approval is conditionally granted to the Applicants.
Escrow Release – Logan Square – Release No. 5
Res. 2010-80 - After reviewing the recommendation of the Township Engineer, upon a motion by Mr. Kennerley, seconded by Mr. Heath, it was unanimously agreed to release the amount of $28,067.71 from the Logan Square escrow fund (Release No. 5) reducing the amount remaining to $574,767.23.
Stoney Hill Estates – Release of Maintenance Bond – The Township Engineer has reviewed the project and there are no outstanding issues.
Res. 2010-81 – Upon a motion by Mr. McGahan, seconded by Mr. Kennerley, it was unanimously agreed to release the Maintenance Bond on the Stoney Hill Estates project and return the original bond to counsel for the owner.
Public Comment – No additional public comment was offered.
Adjournment
Res. 2010-82 – Upon a motion by Mr. Heath, seconded by Mr. Kennerley, the meeting adjourned at 8:15 p.m.
Respectfully submitted,
Gretchen K. Rice
Secretary/Treasurer
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