The regular meeting of the Planning Commission of the Township of Lower Makefield was held in the Municipal Building on August 13, 2001.  Chairman Roeper called the meeting to order at 7:30 p.m.


Those present:


Planning Commission:

Albert Roeper, Chairman


Deborah Gould, Vice Chairman


Ron Tofel, Secretary


Edward Koch, Member


John Pazdera, Member




Nancy Frick, Director Zoning, Inspection & Planning


Tim Duffy, Township Solicitor


Duke Doherty, Township Engineer


Frank Fazzalore, Supervisor Liaison





Mr. Richard Osterhaut was present on behalf of the applicant.  He stated they feel they have addressed the Commission’s prior concerns.  The PCS letter dated 8/8/01 was noted.   They will comply with Item #1 regarding monumentation.  Item #2 with regard to Fee-In-Lieu of Recreation was noted, and Mr. Osterhaut stated they will offer Fee-In-Lieu.

Items #3, #4, and #5 are requests for waivers. Mr. Roeper noted the Commission has previously indicated that so far as Items #4 and #5 and Item #1 under Existing Features are concerned, that they would be willing to recommend a waiver.  Item #3 needs to be determined by the Board of Supervisors.


Mr. Osterhaut stated with regard to General Comments that everything requested has been furnished to the Township.


Mr. Roeper asked if they were seeking Preliminary/Final approval of the Plan, and Mr. Osterhaut acknowledged that they would request this at this time.


Mr. Pazdera moved, Mr. Tofel seconded and it was unanimously carried to recommend approval of the Preliminary/Final Minor Subdivision Plan for Haddad Subdivision subject to compliance with the PCS letter dated 8/8/01. Further recommended acceptance of  Fee-In-Lieu of Recreational land requirements and support of waivers for SALDO Section 178-46a2, SALDO Section 178-47a, and SALDO Section 178-28z.  Subject to usual compliance with all necessary permits and requirements. 




Mr. Nicholas Casey, Quaker Group, was present with Mr. Phil Kashner, engineer.  The PCS letter of 8/8/01 was noted.  Mr. Casey stated since receipt of the PCS letter they had the opportunity to meet with Mr. Briegel of PCS to review the comments and feels they have reached agreement with all issues brought out in the PCS letter.  Mr. Casey stated with regard to Item #1, they would propose Fee-In-Lieu.  He stated the wetland certification will be signed by their environmental consultants on the linens.  Mr. Roeper stated he feels waiting until signing the linens would be too late.  Mr. Casey stated their environmental consultants have submitted an environmental report for the wetlands delineation. This was reviewed by Skelly & Loy and they were requested to put the certification on the Plans.   Since the environmental consultant is not with their engineering firm, once all the revisions are made to the Plans, they will be presented for signature to the environmental consultant.


With regard to Item #3, Mr. Casey stated they are adding to the Notes:  “Road right-of-way to be dedicated to Lower Makefield Township.”


Item #4 was noted, and Mr. Casey stated this item has been on every review letter.  Their environmental consultant has been in contact with Skelly & Loy and discussed the matter of  the buffer.  Verbally Skelly & Loy has concurred with it.  They are trying to get something in writing from Skelly & Loy to confirm that.


Mr. Casey stated Item #5 relates to Skelly & Loy’s confirmation of the wetlands line.  They have reviewed the report and issued a letter which Quaker determined to be rather vague. He stated they have requested Skelly & Loy to submit a letter confirming the wetlands line as it has been presented and they understand that they are in agreement with it.  In lieu of this, they have had contact with the Corps of Engineers; and if they cannot produce the letter by the 29th, they will have the Corps of Engineers come out to verify the jurisdictional determination.


There was discussion on the comment with regard to the site frontage located along the westerly side of the Plan, and Mr. Casey stated this is a matter that will be addressed by the Board of Supervisors; and they will need to determine what level of improvements they may or may not want.  They recognize if improvements are waived, a fee-in-lieu will be required and they have no objection.


Mr. Casey stated the Plans will be corrected to indicate that the open space areas will be offered for dedication to Lower Makefield Township.  With regard to the Grading Plans, Mr. Casey stated the grading is correct as shown on the

Plans.  The inlet is not to scale; and when the slope is calculated, they do not exceed the requirements.


With regard to the spot elevations, it is correct as designed and in some cases the ground elevation is slightly above the garage floor on the side and it slopes off at the edge of the driveway.  Mr. Doherty questioned how this will be done and Mr. Casey noted  Mr. Kashner did discuss this with Mr. Briegel who was in agreement.


There was discussion with regard to the width of the roadway, and Mr. Casey stated they have requested a waiver to reduce this to 30 feet and understand that if the waiver is granted, a fee-in-lieu will be required.  Mrs. Gould stated it appears they will have a problem with cars parking on the road since there are curves.  Mr. Tofel asked if there will  be a problem with access by fire apparatus in this area because of the curves, and  Mr. Doherty stated there should not be any problems with this type of curve.  There was discussion whether it would be possible to enforce “no parking” on one side of the street.  Mr. Doherty stated he has not heard of any problems with parking in Farmview where the width is 30 feet.  After discussion it was agreed that Planning Commission would recommend 30 feet.


Mr. Casey stated they previously indicated they would request a waiver for the sidewalks along the interior side of the road. He stated if this were waived, there would be a savings to the Township in terms of long-term maintenance and repair.  He stated were this to be waived, they recognize they would be required to pay a fee-in-lieu.  Mr. Roeper stated he

recalled that the Planning Commission indicated they would recommend that sidewalk not be required on that side.  Mr. Casey stated he recalled that there was not a unanimous opinion on this matter.  Mr. Tofel stated at Lot #17 he would like to see sidewalk at least from the driveway around the curve.  Mr. Roeper stated he did not feel this would serve any purpose.  Mr. Pazdera stated he feels there should be a curb cut across the street form the driveway of Lot #17 so that if they were to have a stroller, etc. they could access the sidewalk at that location.  Mr. Casey stated it may be more appropriate to have the sidewalk go from the driveway of Lot #17 up to the corner where there could be a handicap access placed at the corner so that there is controlled access across the roadway.  This was acceptable to the Planning Commission.


Mr. Casey stated they will comply with Items #5, #6, and #7.


Mr. Cased noted Item #8 and reviwed what they propose.  Mr. Doherty stated he feels they must do something besides the rip-rap and suggested concrete with stone added.  Mr. Casey agreed to defer to Mr. Doherty n this matter.


There was discussion on utility plans, and Mr. Casey stated they have re-checked the calculations. 


There was discussion on Soil Erosion and Sediment Control, and Mr. Casey stated they will comply with all items.


The Landscape Plan was noted, and Mr. Casey stated they will comply with all items.  Plans and Profiles were noted, and Mr. Casey stated the plans and calculations will be revised as requested.  There was discussion on how they can meet the drainage

requirements and discussion on a waiver being requested.  Under General Comments, Mr. Casey stated they have a letter from CKS and will comply with all items.   He stated they need an easement from the Railroad and the PA Water

Company.  He presented this evening a copy of the Agreement with the Railroad showing that they purchased the easement at a cost of $37,000.  He stated they also provided the letter they received indicating that the easement is assignable to the Township in the future.  He noted they also recently received the Easement Agreement with the Water Company. 

Mr. Casey stated the Planning Module Exemption has already been submitted to CKS.  They will enter into the standard Service Agreement with the Water Company. Sewer easements will be monumented and a PennDOT permit will be obtained once all final engineering details have been worked out.  He stated they will make other corrections and revisions as requested by CKS.  Mr. Casey stated they are required to obtain approval from  the DEP for the sewage facility planning modules and these forms have been submitted to  CKS and will be forwarded to DEP upon Preliminary Plan approval.  They must also receive approval from the Bucks Conservation District and the application was submitted.  They did receive some comments and the engineer is addressing these and resubmitting.


Mr. Casey noted the review comments dated June 8 in the letter from Skelly & Loy.  He stated their environmental consultant has been communicating with Skelly & Loy and is providing the additional information requested.  Mr. Casey agreed to submit this information through Ms. Frick.


Mr. Casey noted the Fire Protection Review dated June 8 and stated they will comply with all items.


There was discussion on the signs, and Mr. Casey stated if they are provided what is required by the Road Department, they will comply with those requests.


Mr. Casey stated they would request a recommendation of Preliminary Plan approval by the Planning Commission.  Mr. Roeper stated the Planning Commission would not be willing to make a recommendation at this time with so many items listed in the engineer’s review letter.  He stated he feels an extension will be needed at this time.  Mr. Casey agreed to make the revisions as indicated.  


Mr. Fazzalore stated he is very concerned about the impact this development may have in terms of water problems for surrounding residents.  Mr. Casey stated this is an area of By- Pass drainage and they are taking the drainage from the impervious surfaces of their property and directing them over to the drainage basin so they are actually reducing the

amount of storm drainage going into the area.



Mr. Duffy asked that the developer confirm that there is only one application pending, and Mr. Casey staed this is correct.  Mr. Duffy stated the original plan for the cul-de-sacs was revised to provide the loop road, and Mr. Casey agreed.  Mr. Casey stated while there were changes to the plan, those changes were actually revisions to address the concerns and comments of the Board when it was initially presented.  Mr. Casey stated through their work with the Board, they have come up with a plan that the developer actually prefers and more closely addresses the issues that the Board had brought up.


Ms. Frick stated they will need an extension this evening until November 30.




Mr. Roeper noted the communication received from Matrix on the Octagon Center.


Mr. Roeper stated on July 31 he attended the meeting held at the Afton School where all Lower Makefield Township Supervisors were present with Mr. Sanderlin, the Newtown Township Board Chairman, Representative Steil, and Mr. Warren.  Half of the meting was devoted to discussion of Swamp Road although nothing was resolved.  There was

discussion on the access from some of the Newtown Township developments onto Lindenhurst Road and while no conclusions were reached, there was agreement to continue discussing this matter.  Some time was also spent on the I-95 Loop Ramp.  Mr. Roeper stated it appeared from  Mr. Warren’s comments that unless Lower Makefield takes action within the next thirty days, the money for that ramp is going to disappear and be used elsewhere.  It was agreed that Mr. Steil would continue to work on this matter to reach a resolution.  Mr. Roeper reported that at last week’s Board of Supervisors’ meeting it appeared that at least two of the Supervisors did not want to discuss this matter at this time. 


Mr. Roeper stated that Mr. Warren indicated that if Lower Makefield gave the “go-ahead,” they would continue with the plans which were already underway and construction could possibly begin in late 2003 or 2004.  Mr. Roeper stated this project would not be the answer to all of the problems, but it would be an improvement.  Mr. Koch asked when the Board will vote on this matter.  Mr. Fazzalore stated he is going to put this matter on the Agenda for Monday night.  He stated this area represents a serious safety problem. 


Mr. Roeper asked if a recommendation from the Planning Commission would help, but Mr. Fazzalore stated he was not sure this would help the situation or not.   


Mr. Fazzalore noted the Bridge Commission is studying the five bridges that cross the Delaware River, and they hope that when they study the Scudders Falls Bridge, there will be improvements made.


There being no further business, Mr. Tofel moved, Mr. Koch seconded and it was unanimously carried to adjourn the meeting.



                                                                        Respectfully Submitted,





                                                                        Ron Tofel, Secretary