WEST HEMPFIELD TOWNSHIP PLANNING COMMISSION

Minutes of January 20, 2011

The regular meeting of the West Hempfield Township Planning Commission was held at the Township Municipal Office, 3401 Marietta Avenue, Lancaster, Pennsylvania, on Thursday, January 20, 2011. Vice Chairman John Rodman called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Board members Alice Yoder, Larry Groff and Dan Nonnemacher were present. Also in attendance were Mark Lauriello, Township Engineer; Ron L. Youtz, Township Manager; Edward C. Hinkle, Zoning Officer; and Mary Gildea, Recording Secretary.

I. Reorganization

A. Nomination and Election of Officers

Vice Chairman Rodman opened the floor for nominations and elections of the 2011 officers.

Vice Chairman Rodman asked if there were any other nominations; being none he closed the nominations and asked for a motion.

Motion: A motion was made by Mr. Nonnemacher, seconded by Mr. Groff, to close the nominations.  Carried 4-0.

Motion: A motion was made by Mr. Groff, seconded by Mr. Nonnemacher, to have the members of the West Hempfield Township Planning Commission remain the same in 2011 as in 2010. Carried 4-0.

B. 2011 Meeting Schedule

Vice Chairman Rodman asked members to review the 2011 meeting schedule for the West Hempfield Township Planning Commission. The Commission will meet the third Thursday of every month at 7 p.m. at the Township Municipal Building.

II. Minutes

Members reviewed the minutes of the December 16, 2010 meeting.

Motion: A motion was made by Mr. Groff, seconded by Mr. Nonnemacher, to approve the minutes of December 16, 2010.  Carried 4-0.

III. Communications

Alice Yoder shared a memorandum from the Lancaster County Planning Commission, informing all interested parties of the revisions to Appendix 24 – Subdivision or Land Development Plan Processing Application. The new application incorporates GIS data to help the Planning Commission clarify the location of the property and its proposed or existing uses. The latest

version of the application can be filled out and submitted online.  

Mr. Ron Youtz suggested that he set up a meeting with Pat Kadel of the County Planning Commission, Mr. Hinkle, and possibly a Township Planning Commission member to discuss Township matters. Mr. Youtz would like to invite Mrs. Kadel to attend a future Planning Commission meeting to discuss Traditional Village items and the official map. More information will be available for members at the February meeting.

The members welcomed guest Michael Brill who was attending the meeting to satisfy requirements for a Boy Scout Merit Badge.

IV. Briefing Items

There were none.

V. Agenda Items

A. Tracy and Harold Dubensky

Sketch Plan – Section 604.F.2 – Creation of a Flag Lot

Location: 1014 Prospect Road – R2 Zone

Mr. and Mrs. Dubensky presented a sketch plan requesting a flag lot configuration for a home they wish to build. They showed the current land development plan and a map of the property they recently purchased at 3936 Concordia Road. The Dubenskys would like to subdivide the existing land to create a flag lot and to resize the Concordia Road property so that it is one acre.

Mr. Hinkle clarified the history of the Dubensky property. In 2006 they received permission from the Zoning Hearing Board to 1) have a greenhouse on the property and 2) have a second principal use, with the condition that when they built the second principal use, the house closest to the road would be torn down. Because the property had two principal uses, the Dubenskys were denied the ability to subdivide the lot.

In December 2010 the Dubenskys came before the Zoning Hearing Board and asked to revise the 2006 approval, taking away the variance for the second principal use. Now they are permited one principal use on the property (the greenhouse) and will be asking permission to subdivide a one-acre lot off the existing lot. The second principal use as proposed on 1014 Prospect Road will not be built and they will remove the existing house once the new lot is developed. Mrs. Yoder asked about the greenhouse and Mr. Hinkle explained that the greenhouse is an approved and permitted principal use. The Dubinskys had previously done a land development plan for the greenhouse. One lot will be strictly for the greenhouse business and the other lot will have a new house built on it. 

Mr. Lauriello explained that flag lots are created at the discretion of the Board of Supervisors, who are looking to the Planning Commission for a recommendation. The Dubenskys will widen the existing flagpole part of the proposed new lot to 25’ so that it is conforming and gives them adequate access to the home to be built. The septic system for the proposed house was perked and both the new lot and the existing lot at 3936 Concordia Road will conform to the one-acre requirement. To achieve one-acre configurations, the Dubinskys adjusted the size of one lot and readjusted the property lines.  The Dubinskys do not share the same road with the adjacent lot; each property has completely separate driveways. Mr. Dubensky plans to either move or tear down the existing garage on the 3936 Concordia Road property, epending on costs and the structural soundness of the garage.

Mr. Hinkle pointed out again that the Board of Supervisors has the discretion to allow a flag lot. The Planning Commission members are not approving the subdivision plan, but simply recommending that the Board of Supervisors allow the Dubenskys to create a flag lot.

Mrs. Yoder asked what would be the reasons for not approving a flag lot. Mr. Lauriello explained that sometimes proposed flag lots have irregular shapes, or are too close to another property, or have access issues. Often a flag lot has a shared driveway with another property, in which case there has to be a joint access agreement between the owners. Lauriello said sometimes property owners propose lot configurations that are not in the best interest of the neighbors. Putting a home behind a home is not desirable in some cases.

Mr. Hinkle explained that it is acceptable to create a flag lot to serve one homesite in the back of an existing tract of land where there is no potential of street access to the proposed lot.

Motion: A motion was made by Mr. Groff, seconded by Mrs. Yoder, to recommend approval for Tracy and Harold Dubensky to create a legal flag lot per Section 604.F.2 at 1014 Prospect Road based upon the justification provided. Carried 4-0.

B. Liberty Towers

Conditional Use Application – Section 301.2.C4 – Wireless Communication

Location: 570 Prospect Road – Rural Ag Zone

Ed Hinkle informed the members that Liberty Towers has withdrawn its application due to a conflict with the plan.

C. Warren W. Diffenderfer Family Trust

Execute Non-Building Waiver

Location: Diffenderfer Tract

Mr. Hinkle explained that the Diffenderfer Family Trust is asking the Planning Commission to execute the Non-Building Waiver for the Diffenderfer tract. This is a requirement of the Department of Environmental Protection. As part of the subdivision process, both the Planning Commission and the Board of Supervisors have to approve the Non-Building Waiver. Mr. Hinkle said that there are no improvements being made on the tract.

Motion: A motion was made by Mr. Nonnemacher, seconded by Mr. Groff, to approve the Non-Building Waiver for the Diffenderfer tract. Carried 4-0.

VI. The next regular meeting will be held on February 17, 2011 at 7:00 p.m.

VII. Adjournment

Vice Chairman Rodman asked if there were any other comments or business to be conducted.  Being none he called for a motion to adjourn the meeting.

Motion: A motion was made by Mr. Nonnemacher, seconded by Mr. Groff, to adjourn the meeting. Carried 4-0.

Vice Chairman Rodman adjourned the meeting at 7:20 p.m.

Respectfully submitted,

Alice Yoder

Secretary