MINUTES – MARCH 28, 2005



The regular meeting of the Planning Commission of the Township of Lower Makefield was held in the Municipal Building on March 28, 2005.  Chairman Friedman called the meeting to order at 7:30 p.m.


Those present


Planning Commission:   Karen Friedman, Chairman

                                                Cynthia Harrison, Vice Chairman

                                                Fred Allan, Member

                                                John Pazdera, Member


Others:                                     Nancy Frick, Director Zoning, Inspection & Planning

                                                Jennifer McGrath, Township Solicitor

                                                Drew Wagner, Township Engineer

                                                Frank Fazzalore, Supervisor Liaison


Absent:                         William Taylor, Planning Commission Secretary






Mr. Pazdera moved and Mr. Allan seconded to approve the Minutes of March 14, 2005 as amended.  Motion carried with Mrs. Harrison abstaining.





Mr. David Shafkowitz and Mr. Brian Focht, engineer, were present.  Mr. Shafkowitz

thanked the Planning Commission for giving them the opportunity to come back to the

Township with the phasing concept.  He stated they were able to submit a revised set of

Plans including the phasing sheet. 


The PCS review letter dated 3/2305 was noted, and Mr. Shafkowitz stated they did not

receive this.  Mr. Wagner stated many of these items were carried over from the previous

review letter, and they have added some additional items as well.  Mr. Shafkowitz was

provided a copy of this letter this evening.


Mr. Shafkowitz stated they have set up the Phasing Plan so that the twenty-two lots in

Lower Makefield are included in Phase I.  Mr. Allan asked if someone else will be

March 28, 2005                                                             Planning Commission – page 2 of 4



building the homes, and Mr. Shafkowitz stated nothing has changed; and it is still Elliot

Building Group.  They have been approached by Toll Bros, but they are not looking to

sell to Toll Bros.


Ms. Friedman noted the CKS letter dated 3/17/05, and Mr. Shafkowitz stated they did

receive this.  Ms. Friedman noted the last item indicates that the submission is

incomplete.  Mr. Focht stated he did discuss this with Mr. Zarko, and they are getting him

new Planning Modules that include Phase II.  Ms. Frick stated she just received new

Planning Modules on Friday, and Mr. Focht stated he will be submitting newer ones than

those.  He stated there are two parcels in Newtown and one in Lower Makefield that were

not included that will be in the new sewer planning modules.  Mr. Shafkowitz stated at

the Newtown Township Planning Commission meeting, they were asked to extend

sewers to two additional parcels in Newtown, and this will change the sewer planning

modules.  There is also an additional parcel in Lower Makefield.  Mr. Fazzalore asked

how sewer billing will be taken care of, and Mr. Shafkowitz stated Lower Makefield

would bill the two parcels in Newtown.  Newtown Township has indicated they will

approve the extension.  Mr. Shafkowitz stated the overall system will be capped at a

location which he noted on the Plan.  There will also be some grinder pumps. 

Ms. Harrison asked if the three new sewer hook ups will be done when Phase II is

completed, and Mr. Shafkowitz agreed.  Mr. Fazzalore asked if there is any way to do

this without grinder pumps, and Mr. Focht stated there is not.  Mr. Shafkowitz stated they

would be willing to discuss possible options with Mr. Zarko.


The PCS letter dated 3/23/05 was noted.  Item #1 includes the Waivers. 


Mr. Shafkowitz stated they will comply with Items #2, #3, #4, and #5.


Item #6 was noted and Mr. Shafkowitz stated they are proposing Fee-In-Lieu.  He stated

more than 50% of the land will be preserved as open space but it is not suitable for

recreation because of environmental conditions.


Item #7 was noted which is a question for the Board of Supervisors as to whether they

will accept dedication.  If not, they will set up a Homeowners’ Association.


Item #8 was noted regarding the street names.  Mr. Shafkowitz stated he is not really in

favor of the names proposed and would welcome suggestions.  Ms. Friedman asked that

the developer come up with alternate names, and Mr. Shafkowitz agreed to review this

matter further.


Mr. Shafkowitz stated they will comply with Items #9, #10, and #11 and the Township

and Applicant’s engineer will work on these issues.



March 28, 2005                                                             Planning Commission – page 3 of 4



With regard to Item #12, Mr. Wagner stated while reviewing the cross sections for the

floodplain study, it was noted that the 100 year storm tops this culvert and goes over the

road.  PCS is indicating that the culvert needs to be designed to handle the 100 year

storm.  They also feel the amount of disturbance can be reduced by 15’ which will bring

them into compliance with the Variance granted by the Zoning Hearing Board.  There is

also some grading that needs to be tightened up.  Mr. Focht noted Mr. Majewski did

discuss this at the Zoning Hearing Board meeting, but it did not make it onto this Plan. 


Item #13 was noted, and Mr. Focht stated they do have an alluvial soils report which they

will submit.  Mr. Fazzalore stated the Township is now looking to have environmental-

type basins.   Mr. Wagner stated this will be a flat bottom basin and this is listed as one of

the Waivers they are requesting.  Typically Lower Makefield looks for a 2% slope, and

they are proposing 1% which will be planted with plants which absorb water.


Item #14 was noted, and Mr. Shafkowitz stated Graystone Lane currently has a 30’

cartway; and they are required to have 36’.  He stated Mr. Majewski had recommended

that they request a Waiver to reduce this and this would be a decision to be made by the

Board of Supervisors.  Mr. Fazzalore stated normally if a reduction is granted, the

developer pays the difference in cost to the Township.  Mr. Shafkowitz stated they would

request a Waiver to reduce the cartway from 36’ to 30’ and would agree to contribute the

cost savings to the Township.  Mr. Shafkowitz stated this may also have a positive impact

on the culvert as well.  This was acceptable to the Planning Commission.  Mr. Wagner

noted this will not give the residents more property as it will be in the right-of-way,

although it will provide more green space.


Mr. Shafkowitz stated they will comply with Items #15 through #29.


Item #30 was noted and Mr. Wagner stated this is typically handled in a letter format.


Mr. Shafkowitz reviewed the status of the various permits and approvals required and

stated they will comply with all requests.


Ms. Harrison asked if there is anything else that goes along with sewer hook ups going to

another Municipality.  Mr. Fazzalore stated the Board of Supervisors will have to address

this.  Mr. Shafkowitz stated this will be addressed when they review Phase II. 

Mr. Fazzalore stated it will probably cost $10,000 for each individual property owner to

hook up.  He noted the developer will be installing the laterals.  Ms. Harrison stated she is

not opposed to working with another Municipality but they do have to look into the

ramifications of this for Lower Makefield Township.  Mr. Fazzalore stated there will

have to be an Agreement signed.  Mr. Shafkowitz stated he feels this is one of the reasons

that the phasing system works well. 



March 28, 2005                                                             Planning Commission – page 4 of 4



Mr. Fazzalore asked what would happen if they do not get approval for Phase II, and

Mr. Shafkowitz stated it would not get built.


Ms. Friedman stated she no longer lives in Dolington Estates and therefore no longer has

a conflict of interest in voting for this Plan and will not have to recuse herself.


Ms. Harrison moved and Mr. Pazdera seconded to recommend to the Board of

Supervisors’ approval of the Preliminary Plan for Phase I, Plans dated 2/27/03, last

revised 3/16/05 subject to compliance with the PCS letter dated 3/23/05 including the

grant of the Waivers included therein, acceptance of Fee-In-Lieu of Recreation, and

reduction in width of cartway for Graystone Lane from 36’ to 30’ with difference in cost

to be contributed to the Township.  Also subject to compliance with the CKS letter dated

3/17/05.  There was no public comment.  Motion carried unanimously.



There being no further business, Mr. Allan moved, Ms. Harrison seconded and it was unanimously carried to adjourn the meeting at 8:15 p.m.


                                                            Respectfully Submitted,




                                                            Karen Friedman, Chairman