The regular meeting of the Planning Commission of the Township of Lower Makefield was held in the Municipal Building on November 24, 2003.  Vice Chairman Pazdera called the meeting to order at 7:30 p.m.


Those present:


Planning Commission:   John Pazdera, Vice Chairman

                                                Karen Friedman, Member

                                                Andrew Strauss, Member


Others:                                     Nancy Frick, Director Zoning, Inspection & Planning

                                                Timothy Duffy, Township Solicitor

                                                Jim Majewski, Township Engineer

                                                Drew Wagner, Township Engineer

                                                Pete Stainthorpe, Supervisor Liaison




Ms. Friedman moved, Mr. Strauss seconded and it was unanimously carried to approve the Minutes of September 22, 2003 as written.


Mr. Strauss moved, Ms. Friedman seconded and it was unanimously carried to approve the Minutes of November 12, 2003 as written.





Mr. Edward Murphy, attorney, and Mr. Joe Marrazzo were present.  Mr. Murphy stated he

previously presented a plan for this property for a Montessori School, and the Township

found that it would not be suitable for this use.  The property has been re-sold.  New plans

were submitted and review letters have been received.  Mr. Murphy stated the property has

one existing dwelling, and they plan to construct a cul-de-sac with seven additional single

family homes.  The existing home would be on its own lot.  One detention basin is

proposed.  Mr. Murphy stated the surrounding property owners were very involved in the

discussions when a School was proposed, but they have not heard that they are concerned with this new development.  He stated the surrounding property owners were concerned about a School because of potential noise from the playground, buses, and lighting; and had indicated they would prefer that it be a residential development.


The 11/20/03 PCS review letter was noted regarding stormwater management, and

Mr. Murphy stated he feels the engineers will meet to discuss any matters of concern.

The 10/22/03 PCS review letter was noted which includes the Waivers being sought.

The letter discusses the access point selected, and  Mr. Murphy stated they feel this location

is the optimum location  for this property.  The Township engineer is in agreement. 

Mr. Murphy stated they plan to plant the bottom of the detention basin with meadow grass. 

He noted this complies with the NPDES regulations.  He added that until the Township

changes their requirements, they will be seeing this request frequently.  Mr. Murphy stated

the PCS letter also includes the issue with regard to the outlet pipe. Mr. Majewski stated he

does not have a concern with the granting of any of the Waivers being requested. 

November 24, 2003                                                         Planning Commission - page 2 of 3



Mr. Murphy stated they would agree to pay Fee-In-Lieu of recreation.  They will comply

with all other items in the 10/22/03 PCS letter.


Mr. Pazdera noted Item #18 regarding Belgian block curb, and this was acceptable to the



Mr. Majewski noted Item #4 and stated they are requesting information on what they are

proposing with regard to the existing historic home.  Mr. Marrazzo stated originally they

were going to change the orientation, but they are no longer proposing this.  The only

alteration they are looking to make is to construct either an attached or detached garage. 

He stated the house is in very good shape.  Mr. Marrazzo stated they are proposing a

different type of home for the new construction than Lower Makefield is accustomed to

seeing.  He stated the homes will not be quite as large and they are looking to make the

homes more architecturally interesting with some historic type features.  They hope to

follow the lead of the existing historic home.  Mr. Pazdera stated looking at the Plan it

appears the front of the house is facing the back of the lot.  After review of the Plans, it

appeared that this is an error on the Plan; and they will correct this on the revised drawings. 

The house will be slid forward but will have the same orientation to the street. 

Mr. Marrazzo stated they hope to use the stone from the old barn and use it in some way on

the new garage.    Ms. Frick asked if they have met with the Historic Commission, and

Mr. Marrazzo stated they have not.  Ms. Frick suggested they do so as soon as possible. 

Mr. Majewski stated it appears the proposed garage is on the opposite side from where the

road is and suggested that they move this so that they can shorten the road.  Mr. Marrazzo

agreed to comply with  this suggestion.


Mr. Pazdera noted the CKS letter dated 9/29/03, and Mr. Murphy stated they will comply.


Mr. Pazdera asked if they are confident about the design of the detention basin. 

Mr. Majewski stated the inlet is double wide and should be able to handle the flow without

flooding out the neighbors’ yards.  Mr. Murphy stated it will go out to an existing pipe.

Mr. Majewski stated he will look at this again prior to any approval.


Mr. Pazdera asked that they revise the Plans before coming back to the Planning

Commission for a recommendation of approval.





Mr. Edward Murphy, attorney, Ms. Susan Menno, and Mr. Mike Stadulis were present.

The most recent PCS review letter dated 11/19/03 was noted.  Mr. Pazdera stated all

Waivers being requested are the same as discussed at the last meeting.  The Planning

Commission and Township engineer are in agreement with granting of the Waivers.  

It was noted they will apply for the Variance between Preliminary and Final once a

determination is made if this is necessary.  Mr. Murphy stated they will comply with all

items in the PCS letter dated 11/19/03.


Mr. Strauss stated they previously discussed the pipeline with regard to drainage and

pipeline crossings.  Ms. Menno stated they did have discussions approximately eight

months ago with the pipeline company, and they do have review letters from them which

were forwarded to the Township.  The pipeline company prefers a perpendicular crossing

November 24, 2003                                                         Planning Commission - page 3 of 3



as much as possible, and this is what they are showing on the Plans.  The have looked into

possible shifting to avoid waters of the United States but due to the grading and existing

trees as well as the desire to minimize any impact to Mr. and Mrs. Miller’s property, they

are not able to relocate the roadway any further to the west.  Transco has looked at the

crossing and is comfortable with where it is located.  Ms. Menno stated the Transco also

wanted them to fill the ditch but were advised that the Applicant could not do this without

DEP approval.  Transco has also asked them to pick up the drainage to minimize any

further erosion, and they will make changes in order to do this.  It was noted they do not

need any other easements in order to accomplish this work.  Mr. Strauss asked about pipe

size, and Ms. Menno stated it will be an 18”  pipe.  Mr. Majewski asked about ownership

of the easement on the Miller property. Mr. Stadulis they have seen a survey of that

property, and it does not say who is the beneficiary of the easement; but it is owned in fee

by the Millers.  He stated they are not encroaching on that easement so it does not really

effect them.  Mr. Majewski stated he would like to know whether the Township would be

responsible for maintaining this.  Ms. Menno stated the pipe is being installed on their tract

and not in that drainage easement. The drainage easement on the Miller property is surface

drainage.  Ms. Menno stated they will be collecting the run off from the Miller property.

Mr. Murphy stated they will intercept the water that would go onto to the Miller property.


Ms. Friedman moved and Mr. Strauss seconded to recommend to the Board of Supervisors

approval of the Preliminary Plan, Plan dated 2/27/03, last revised 10/31/03

in compliance with the suggestions and comments and in support of the Waivers and

recommendation for the Fee-In-Lieu of Improvements and the Variance from Section

200-51.B(4)(d) as listed in the PCS letter dated 11/19/03 and subject to compliance with

the CKS letter dated 10/6/03.


There was no public comment.  Motion carried unanimously.



There being no further business, the meeting adjourned at 8:10 p.m.


                                                                        Respectfully Submitted,





                                                                        John Pazdera, Vice Chairman