The regular meeting of the Planning Commission of the Township of Lower Makefield was held in the Municipal Building on February 26, 2007. Chairman Dickson called the meeting to order at 7:35 p.m.


Those present:


Planning Commission: Dean Dickson, Chairman

Tony Bush, Vice Chairman

Karen Friedman, Secretary

Richard Cylinder, Member

John Pazdera, Member


Others: Nancy Frick, Director Zoning, Inspection & Planning

John Donaghy, Township Solicitor

James Majewski, Township Engineer

Grace Godshalk, Supervisor Liaison





Mr. Edward Murphy, attorney, was present with Mr. Bill Briegel. Mr. Murphy noted the

Plan was approved as a Preliminary Plan for a previous owner. He stated Phase I has

received Final Plan approval, and they are now submitting Phase II for Final Plan

approval. He noted there is one lot located in Newtown Township and seven lots in

Lower Makefield. Final Plans for the lot located in Newtown Township are pending.

Mr. Murphy noted Phase I had twenty-one lots in Lower Makefield Township.


The Schoor DePalma 12/6/06 review letter was noted, and Mr. Murphy stated they will

comply with all items.


Ms. Friedman asked if there is an Intergovernmental Agreement between Newtown and

Lower Makefield with regard to the storm sewer facilities and snow removal, and

Mr. Murphy stated he would defer to the Township Counsel on this although it was his

understanding that Newtown Township was to take care of the lot in their Township and

Lower Makefield would take care of those in their Township. Mr. Murphy stated he has

received copies of the correspondence between the Lower Makefield and Newtown

Managers and Solicitors in this regard.


Mr. Cylinder asked the Township engineer if anything had been resolved with regard to

the length of the cul-de-sac, and Mr. Majewski stated they received a Waiver for this.


February 26, 2007 Planning Commission page 2 of 4



He stated originally a through road was proposed but there was a concern about

cut-through traffic and the need for a culvert across the stream so the Planning Commission and the Board of Supervisors were in favor of a cul-de-sac. Mr. Cylinder asked if there was any concern raised about the safety of the cul-de-sac by emergency services, and Mr. Majewski stated it was reviewed by the Fire Plan Reviewer and the Police Department; and they had no issue with this for this Phase.


Mr. Bush noted Parcel C on the Plan, and Mr. Briegel stated this will be offered for

Dedication or will be under the control of the Homeowners Association. Mr. Murphy

stated the Township was to decide this before Final Plan Approval, and the Planning

Commission could make a recommendation on this to the Board of Supervisors.

Mr. Bush asked for an estimate of the cost to the Township for maintenance of this type

of open space, and Mr. Majewski stated generally there would be little or no cost

involved other than taking care of fallen trees. They will also be cutting adjacent grass so

that there is not a problem with weeds.


Mr. Bush noted the letter from the Environmental Advisory Council dated 12/14/06, and

Mr. Murphy stated many of those do not apply since the Plan was approved before the

comment letter was issued. He stated they will still comply with some of them, and he

noted specifically the buffering requirements. Mr. Majewski stated they also comply

with the tree clearance requirements. He stated most of the plants they have throughout

Phase I and Phase II are native plants. Mr. Murphy stated they could also make further

modifications with regard to the use of native plants.


Ms. Friedman asked about the buffer between the new development and the adjacent ten

acre parcel, and Mr. Briegel stated there is a hedgerow and they are adding additional



Mr. Bush noted the Bucks County Planning Commission comment regarding the status of

several Variances which were sought from Newtown Township, and he asked if these

have been obtained yet. Mr. Murphy stated this involves Lot #29 which is in Newtown

Township, and the Variance has not yet been obtained. He stated this will not affect

the lots in Lower Makefield Township. Mr. Dickson noted the Bucks County Planning

Commission letter dated 11/16/06, Page 2, second paragraph which indicates that both

Townships should make sure that the Conditions of Preliminary Plan have been approved

before Final Plan and noted the Variance has not yet been approved. Mr. Murphy noted

the Variance should be decided within the next few months probably early May.

It was noted this Plan expires April 19, 2007.


Mr. Cylinder stated the right-of-way for the cul-de-sac in Lower Makefield is 56, and the

right-of-way through Newtown Township is narrower at 50. He asked if there is a

difference in cartway or curbing, and Mr. Majewski stated they had the developer reduce


February 26, 2007 Planning Commission page 3 of 4



it to a 30 width in keeping with the Low Impact Development Ordinance, and this

matches Newtown Townships requirements. There are curbs. Sidewalks are only on the

side where the houses are located. This is the same for Newtown Township.


Ms. Linda Majewski, Gaucks Lane in Newtown Township, stated when the original

developer was involved, they had an arrangement to have water and sewer; and she wants

to make sure that this is still in effect and accommodated in the Intergovernmental

Agreement. Mr. Briegel stated there is correspondence between the two Managers

regarding sewers. They are still waiting for the 537 Planning Modules. He stated he

assumes the Planning Modules will be approved by next month for Phase I. He is aware

of the situation, and the Plans comply with the original arrangements. Ms. Majewski

asked about the construction entrance for Phase II, and it was noted it is along the path of

the new roadway. Mr. Briegel reviewed work that will have to be done.


Mr. Bill Sterling asked for and was provided the opportunity to review the Plans this



Mr. Cylinder stated he and two other members of the current Planning Commission were

not on the Commission when the Preliminary Plan was approved. He stated he does not

feel it would be proper for them to abstain, but he is not sure that they should vote on this

either. Mr. Donaghy stated the Planning Commission members have a right to review

and act upon Plans presented to them even if they were not on the Board when the Plans

were acted on previously.


Ms. Friedman moved and Mr. Bush seconded to recommend to the Board of Supervisors approval of the Final Plans last revised 9/22/06 conditioned upon adhering to the comments noted in the Schoor DePalma letter dated 12/6/06, compliance with comments noted in the 11/10/06 Remington Vernick letter, and adhering to the Conditions set forth in the Bucks County Planning Commission letter dated 11/16/06. The Planning Commission also recommend use of native plants as noted in the EAC letter dated 12/14/06.


Mr. Murphy noted that Newtown Township has agreed to support the Variance being

sought for the lot in their Township.


Motion carried unanimously.








February 26, 2007 Planning Commission page 4 of 4





Mr. Dickson noted that the Planning Commission will not be meeting on March 12, 2007.

The Native Plant Ordinance will be considered at the next meeting of the Planning

Commission to be held on March 26, 2007.



There being no further business, Mr. Cylinder moved, Mr. Pazdera seconded and it was unanimously carried to adjourn the meeting at 8:20 p.m.



Respectfully Submitted,





Karen Friedman, Secretary