Board of Supervisors
Wednesday, May 26 2010
Meeting Minutes
The regular meeting of the Buckingham Township Board of Supervisors was held May 26, 2010 in the Township Building, 4613 Hughesian Drive, Buckingham, Pennsylvania.
Present:
Jon Forest Chairperson
Maggie Rash Vice-Chairperson
Henry Rowan Member
Craig A. Smith, Esquire Township Solicitor
Dana S. Cozza Township Manager
Daniel Gray Township Engineer
Absent:
Thomas Kelso Township Water/Wastewater Consultant
Lynn Bush Bucks County Planning Commission
Mr. Forest called the regular meeting to order at 7:30pm and led The Pledge of Allegiance.
The Board presented a Proclamation to Eagle Scout Alexander Philip Cull.
PUBLIC COMMENT
No comment was offered.
BOARD’S ANNOUNCEMENTS
Mr. Forest made the following announcements:
- Various Park and Recreation Programs including Summer Camps begin in June. Go to our website at www.buckinghampa.org for details! We also have discount tickets available for several local amusement parks, the Philadelphia Zoo and the Adventure Aquarium in Camden – call 215-794-8834 for more information.
PAYROLL AND BILL LIST
Consideration of approving the Payroll for the week ending May 23, 2010 and the Bill List for the meeting of May 26, 2010.
Mr. Forest made a motion, seconded by Mrs. Rash to approve payroll for the week ending May 23, 2010 and the Bill List for the meeting of May 26, 2010. The motion carried with Mr. Forest and Mrs. Rash voting aye and Mr. Rowan voting nay.
MINUTES
Consideration of approving Supervisor's Minutes of the May 12, 2010 Work Session and May 12, 2010 Regular Business Meeting.
Mr. Forest made a motion, seconded by Mrs. Rash to approve the Supervisor’s Minutes of the May 12, 2010 Work Session and the May 12, 2010 Regular Business Meeting. The motion carried unanimously.
BUSINESS
1. Consideration of accepting Request for Extension to the allowable review time under the provisions of the PA Municipalities Planning Code to September 1, 2010, as submitted Gilmore & Associates, Inc. on behalf of the Mennonite Foundation, for the “Histand Properties”, Township File SA 2010-01.
Representing the applicant were Mr. Ed Murphy, Attorney and Mr. Greg Glitzer, Project Engineer. Mr. Murphy summarized that what was before the Board was the Preliminary/Final Plan for subdivision of the largest of the Histand parcels TMP 6-23-47 (114 acres) into three lots as was allowed for in the conservation easement. He reported that the Planning Commission had recommended approval provided the plan was revised and reviewed by the Township Engineer. Mr. Murphy reported there was very little to discuss from Mr. Gray’s engineering review.
Mr. Glitzer provided an overview of the plan. He noted that the finger lot (pasture) was included with lot 3. He reported that the two-acre acre building envelopes were generally as shown on the Master Plan agreement. The common drive follows the existing farm lane and all three new lots would come off the common access drive. He reported that the only significant change since the PC was in stormwater management and the approach was to make smaller bio-retention areas within the building envelopes that would treat common storms, while larger storm events would be controlled by retentive grading along the perimeter of the tract, creating a two stage stormwater management approach.
Mr. Glitzer reported that there were a number of waivers requested, but only one was unresolved, the buffer planting along the back lots in Wycombe. Ms. Manicone noted that there was some discussion with neighbors about whether they wanted the buffer or if they wanted to preserve the existing view. She reported that there was no consensus reached at the PC meeting. Ms. Manicone noted that there had been a reduction in buffer plantings and she was satisfied with the reduction.
Discussion followed about access adjacent to a former funeral home. Mr. Glitzer felt the access would, on occasion, be needed temporarily during construction. Mr. Gray noted that the primary construction entrance was provided at the newly proposed driveway access along Township Line Road at Cherry Lane.
Mr. Glitzer reported that Lots 1 and 2 were a little short of 25 acres and Lot 3 with the pasture area was 66 acres. He reported that Lot 1 had the original house and there was flexibility to allow it to stay as a guest house and then build a new house.
Discussion followed about fixing the building envelope with the Board expressing concern that the farm area needed to be maintained and so the building envelopes should be fixed closer to the property edges. Solicitor Smith reported that the location of the building envelope was subject to Board approval and should not be located to interfere with the agricultural viability of the land. Mr. Glitzer commented that there would be some advantage to showing the scope of stormwater requirements based on the location of the building envelope. Mr. Glitzer noted that the sand mound sites were tested and approved.
The Board did not support Waiver 9.4 on solar orientation and felt that the requirement could be met.
After discussion Board consensus was to fix the building envelopes on the approved plan. The building envelope on Lot 3 would remain as on the plan, but the envelope on Lot 2 would be moved to the rear portion of the lot bordering the woods with the driveway hugging the wetland boundary until it reaches the building envelope. The buyer would maintain flexibility to locate the house within the fixed two-acre building envelope.
Mr. Murphy reported that the Histands were in the process of removing trailers on Lot 2 and asked if the Board wanted to keep the cinderblock barn. Board consensus was that they did not have a problem with the cinderblock barn being removed from Lot 2.
May 25, 2010 Knight Engineering Review Letter
Mr. Glitzer commented that they needed confirmation that the easement agreement allowed the septic systems. Solicitor Smith responded that they were allowed but the septic system had to be located so as not to interfere with the agricultural viability of the lot and be approved by the Board. Mr. Murphy noted that on Lot two by moving the building envelope the septic system may now be within the envelope. Mr. Gray asked how they would be protected from disturbance. Mr. Glitzer noted that the reserve area could be tilled. Mr. Rowan asked about soils in the lower left hand portion of the parcel. Mr. Glitzer responded they were not good.
1.5 Mrs. Rash asked about the reference to guest house and expressed a preference to remove that language. Mr. Glitzer responded that it was now referred to as the existing house.
Section 4.0 Mr. Murphy reported that Item 4.3 (SALDO § 8.2.7) would no longer be a waiver request.
The applicant will comply with all other issues raised in the Knight Engineering Review letter.
May 18, 2010 Landscape Review Consultants Review
Mr. Glitzer reported that the required buffer was included on the plan and that a decision was needed on the preferred buffer. Mr. Rowan asked who would pay for the buffer. Mr. Murphy responded that it would be part of the common development plan. Mr. Gray noted that escrows would be collected for the common development buffers but that a waiver was requested to delay escrow collection on individual lot improvements. Ms. Manicone noted that they had discussed converting some of the shrub material to trees in order to maintain the hedgerows that exist on the property. Mr. Murphy suggested giving Ms. Manicone authority to work with the applicant. The Board directed Ms. Manicone to work with the applicant and the residents of Township Line Road to arrive at a buffer that is satisfactory to Ms. Manicone.
Ms. Manicone noted that all large caliper trees had been identified and representative areas had been sampled.
Discussion followed about allowing for modification to the existing home without violating zoning. The Board recommended slightly moving the building envelope on Lot 1 by about 30’ feet and waiving the Subdivision and Land Development (SALDO) requirement that did not allow the use of buffer as part of the side yard. All parties were in agreement to move the building envelope line by 30’.
Mr. Murphy asked if the fee in lieu of recreation would be waived as he thought it had been previously waived in the master agreement. Solicitor Smith responded that it did not appear that the agreement provided for such a waiver and if not the fee would have to be paid. Mr. Murphy agreed.
Review of Waiver Requests as Revised on May 12, 2010
The Board did not support the waiver from 9.4 Requirement for Solar Orientation.
9.20.D.3.a. Buffer plantings will be installed around the perimeter of the site to the satisfaction of the Township Landscape Consultant.
5.2.B.17 and 5.2.B.18.a. were removed and are not waived.
9.23.B.7 – Repairs are to be made at certain drainage outfalls as directed by the Township Engineer.
9.23.B.4, 9.23.L. waived except as provided in the May 25, 2010 Knight Engineering Review letter.
One waiver request was added: 9.20.D.2.b buffer can overlap side yard on Lot 1 only.
Mr. Murphy reported that the applicant had already complied with everything in the Bucks County Planning Commission review other than item three.
Mr. Rowan did not think the Board should consider a motion for approval as preliminary/final and recommended granting the extension, to allow the applicant to make the changes to the plan and return.
Solicitor Smith recommended putting a note on the plan that the buildings must comply with the solar orientation requirement in SALDO. The Board agreed.
Mr. Forest made a motion, seconded by Mrs. Rash to accept the request for extension to the allowable review time under the provisions of the PA Municipalities Planning Code to September 1, 2010, as submitted Gilmore & Associates, Inc. on behalf of the Mennonite Foundation, for the “Histand Properties”, Township File SA 2010-01. The motion carried unanimously.
2. Consideration of releasing Maintenance Bonds #929451598 and #929451599, expiring June 8, 2010, for “The Oaks at Buckingham”, Township File SA 97-02.
Mr. Forest made a motion, seconded by Rash to release Maintenance Bonds #929451598 and #929451599, expiring June 8, 2010, for “The Oaks at Buckingham”, Township File SA 97-02 pending payment of any outstanding invoices. The motion carried unanimously.
3. Consideration of accepting the Agreement to Extend the Land Development Contract to June 11, 2011 for the “Bucks County Airport Authority, Doylestown Airport – Phase II” Land Development, Township File LD 2003-02.
Mr. Forest made a motion, seconded by Mrs. Rash to accept the Agreement to Extend the Land Development Contract to June 11, 2011 for the “Bucks County Airport Authority, Doylestown Airport – Phase II” Land Development, Township File LD 2003-02. The motion carried unanimously.
4. Consideration of accepting the Agreement to Extend the Land Development Contract to June 30, 2011, for the “Bucks County Airport Authority” Land Development, Township File LD 93-04.
Mr. Forest made a motion, seconded by Mrs. Rash to accept the Agreement to Extend the Land Development Contract to June 30, 2011, for the “Bucks County Airport Authority” Land Development, Township File LD 93-04. The motion carried unanimously.
Request for Payment
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G.S. Developers, Inc. – Furlong Well F-8, Control Building, Electrical –
BT-09-03
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Payment Request #1
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$15,300.00
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Mr. Forest made a motion, seconded by Mrs. Rash to approve the payment of $15,300.00 to G.S. Developers, Inc. for Furlong Well F-8, Control Building, Electrical – BT-09-03. The motion carried unanimously.
ADDITIONAL BUSINESS/MANAGER’S ITEMS
1. Consideration of Rescinding the April 28, 2010 approval of awarding the 2010-2011 Fuel Bid to Superior Plus Energy Services and Approving the awarding of the 2010-2011 Fuel Bid to Farm & Home Oil Company of Telford, PA through the Bucks County Consortium.
Mr. Forest made a motion, seconded by Mrs. Rash to rescind the April 28, 2010 approval of awarding the 2010-2011 Fuel Bid to Superior Plus Energy Services and Approving the awarding of the 2010-2011 Fuel Bid to Farm & Home Oil Company of Telford, PA through the Bucks County Consortium. Ms. Cozza explained that the bid did not specify that the municipality would have to take 6,000 gallons of fuel per delivery and that as long as the company did not object the award could be rescinded. Solicitor Smith suggested getting something in writing from Superior Plus Energy Services accepting the rescinded bid. The motion carried unanimously.
2. Allison Farm
Solicitor Smith reported that the applicant at Allison Farm had requested the ability to post escrows at the time permits were pulled much like was done with the Trayer tract. Board consensus was that it was an acceptable arrangement.
3. Albrecht Extension Request for Sale of Commercial Property
Solicitor Smith reported that he had received a letter from Mr. Harris who represents the Albrecht family requesting a two year extension to sell their existing commercial property. Solicitor Smith explained that when the Albrecht property was purchased one provision allowed for the sale of the existing nursery front commercial property within three years and continuance of the existing use. The family was requesting an additional two years because they have been unable to sell the property. Ms. Cozza explained that the nonconforming use of the property would go away if the extension was not granted.
The Board adjourned to executive session at 9:20pm.
The meeting was reconvened at 9:28pm.
Mr. Forest made a motion, seconded by Mrs. Rash to agree to extend the agreement of the Township that the garden center use would be granted nonconforming status for an additional two years with the condition that if nothing was done then the Applicant would agree the use would be deemed abandoned at the end of two years (July 16, 2012). The motion carried unanimously.
Mr. Forest made a motion, seconded by Mrs. Rash to adjourn to executive session at 9:30 pm. The motion carried unanimously.
Approved by the Board of Supervisors on the 9th day of June, 2010.
Buckingham Township Board of Supervisors
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Jon Forest, Chairman
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Maggie Rash, Vice-Chairman
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Henry Rowan, Member
Attest:
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Dana S. Cozza, Secretary
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