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The regular meeting of the Doylestown Township
Board of Supervisors was held at 7:00 p.m. on Tuesday, February
20, 2007, at the Doylestown Township Municipal Building, 425
Wells Road, Doylestown, PA. Members of the Board of Supervisors
in attendance included Barbara Lyons, Chairperson, E. Thomas
Scarborough, Jr., Vice Chairman, Walter C. Berry, Barbara
Eisenhardt and Cynthia Philo. Others in attendance included
Jeffrey Garton, Township Solicitor, Chief Stephen White, Chief
of Police, Mario L. Canales, Township Engineer and Stephanie
Mason, Township Manager.
Pledge to the Flag: The meeting opened with a
pledge to the flag.
Audio Taping of Meeting: Ms. Lyons announced
that Ms. Eisenhardt would be audio taping the meeting.
Executive Session: Mr. Garton announced that the
Board of Supervisors was in an Executive Session for
approximately thirty minutes prior to the public meeting to
discuss a matter of litigation before the Zoning Hearing Board
concerning Tarry Builders and that no action would be taken
concerning this matter at this meeting.
Visitors/Public Comment: Mr. Ron Lovengath
addressed the Board concerning the tree house located on Cedar
Crest Court owned by Mr. and Mrs. Tripodi. He requested the
Board to take action to reduce the height of the tree house to
two feet off the ground to eliminate potential injuries to
children playing the tree house.
Announcements:
The next meeting of the Board of Supervisors will
be held on Tuesday, March 6, 2007.
There will be a public hearing on the Route 202
Parkway on February 28, 2007, at Lenape Middle School at 5:30
p.m.
The Zoning Hearing Board meeting scheduled for
Wednesday, February 21, 2007 with respect to Tarry Builders has
been cancelled and will be rescheduled.
Minutes Approval:
Board of Supervisors Regular Meeting– February 6, 2007. Ms.
Eisenhardt requested that the following sentence be added to the
first paragraph under Supervisors on page 3:
Chief White suggested that the Intermediate Unit
be requested to supply volunteer Junior Chief Police Officer(s)
to be at the Senior Center to direct attendees at the
Intermediate Unit on Election Day to park elsewhere, freeing up
the Senior Center for parking for voters.
On motion of Ms. Philo, seconded by Mr.
Scarborough, the Board of Supervisors unanimously approved the
minutes of the Board of Supervisors regular meeting held
February 6, 2007 with the above noted corrections. This motion
passed by a vote of 5 to 0.
Resolutions and Commendations: None.
Correspondence: None.
REPORTS:
Solicitor: Mr. Garton explained that draft agreements have been
received from Bucks County Water & Sewer Authority for two
projects but before the agreements can be executed the Board
must adopt the Ordinance relating to the projects.
Township Engineer: No report.
Police Report: No report.
Township Manager: No report.
Supervisors:
Ms. Philo explained that interviews were held for vacancies on
the newly formed Ways and Means Committee and there were 17
applicants for 5 positions. Ms. Philo explained that all the
candidates were highly qualified and that their names would be
kept on file to possibly serve on other committees.
On motion of Ms. Philo, seconded by Mr. Berry,
the following persons were appointed to the Ways and Means
Committee by a vote of 5 to 0.
Term
|
Brenda Bray |
3 year |
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Merrill Pierce |
3 year |
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David Nettina |
2 year |
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Carolyn Paulosky |
2 year |
|
Mark Glassman |
1 year |
Mr. Scarborough volunteered to be the Board of
Supervisors’ liaison to the Ways and Means Committee. On motion
of Mr. Scarborough, seconded by Mr. Berry, the Board of
Supervisors appointed Mr. Scarborough Board liaison to the Ways
and Means Committee. This motion passed by a vote of 3 to 2
with Ms. Philo and Ms. Eisenhardt voting against.
Ms. Philo explained that the Board of Supervisors
attended the Bucks County Association of Township Officials
meeting and that Anne Marie Walsh, secretary, recently moved to
Buckingham Township. Ms. Walsh served Doylestown Township for
26 years and Ms. Philo explained that a letter of thanks was
sent to her by the Township but she would like a plaque
commending her service to be given by the Township. After
discussion, the consensus of the Board was to have Ms. Mason
facilitate obtaining a plaque commending Ms. Walsh for her
service to the Township.
Ms. Eisenhardt asked if special school stop
markers which would be different from snow markers could be
secured and placed at bus stops throughout the Township so that
the snow plowing crew would not pile the snow at designated
school bus stops so that the children would not have to wait for
busses in the street. The Board directed Mr. John to look into
the possibility of securing such markers and coordinate with the
School District.
Ms. Eisenhardt referenced articles in the Intel
from Sunday, February 18th with respect to projects for the
Township’s website as well as an article in the Intel from
Tuesday, February 20th with respect to the Noise Ordinance.
Ms. Eisenhardt explained that deduct meters were
mandated to be purchased from the BCW&SA for $750 so that
residents would not be charged for water used for filling
swimming pools, etc. and BCW&SA could read the meters from a
radio controlled car. She explained further that the same kind
of meter could be purchased from a plumber for $200 but could
not be read from the radio controlled car necessitating the home
owner to call in the readings to BCW&SA. She said that to date
the radio controlled cars are not in operation and questioned
why the residents could not purchase the deduct meter from their
plumbers, save money and call the readings into BCW&SA.
Mr. Scarborough commented about ice from trucks
falling on cars and causing accidents and injuries. He
explained that on January 29, 2007 a law went into effect
whereby automobile and truck owners must clear snow and ice off
their vehicles or possibly incur a $1,000 fine. Chief White
confirmed that police officers can stop vehicles with snow and
ice on vehicle roofs and issue a warning and/or citation.
At this point in the meeting Ms. Lyons turned
over the chairmanship to Vice Chairman Scarborough.
Ms. Lyons addressed the issued raised at the
February 6, 2007 Board of Supervisors meeting concerning the
applicability of the Nuisance Ordinance No. 113 with respect to
the tree house on Cedar Crest Court as well as the applicability
of township liability should someone playing in or around the
tree house be injured.
She explained that the Code Enforcement Office
has been contacted six times at the request of Ms. Eisenhardt to
inspect various potential violations at the Tripodi property and
no violations were found.
Ms. Lyons explained that no permits are necessary
for tree houses and tree houses are not regulated in Doylestown
Township under the MPC nor are they subject to UCC or any other
regulations. Tree houses are back yard playthings; they are not
storage sheds, garages, pool house or greenhouses that are
subject to regulation.
Ms. Lyons said that Mr. Lanetti requested that
the Tripodis build their tree house not in excess of 144 square
feet and not put any windows on the side of the tree house
facing the Eisenhardt property which they did.
After October, 2006 Ms. Eisenhardt contacted the
Code Enforcement Officer to determine if there was a violation
involved with a basement toilet/shower, alteration of
attic/basement and an electric circuit in the basement. No
violations were found to exist.
Ms. Lyons explained that her research revealed
that the tree house does not violate the Township’s Nuisance
Statute 113 and if any injury results from the use of the tree
house it is the responsibility of the property owner and no
liability will be transferred to the Township. She said that
the tree house is on private property built for the enjoyment of
the property owner. She explained further that it is not the
business of Doylestown Township to go into the backyards of the
residents and tell them what they can or cannot put in their
backyards for the benefit of their children, be it swing sets,
sand boxes, tree houses, trampolines, zip lines, forts, play
houses, horse shoe pits, volley ball nets, or the like. She
said that the responsibility to protect children from backyard
injuries is with the parents, not with the Township Code
Enforcement Office or any other office of the Township. Ms.
Lyons explained further that the Township is responsible for
anyone being injured on Township property and that the Township
play structures, etc. are inspected regularly and maintained and
that the Township carries insurance in case of such injury.
A discussion followed concerning regulations in
side yards and front yards for play structures and the Board
indicated that if there was room on the side yard and/or front
yard for a play structure then it would be allowed.
Ms. Godown thanked the Board for the
clarification concerning tree houses located on private
property.
Ms. Eisenhardt commented that a letter was
written by the Township Staff in the past designating structures
that are 20 feet or more in height as an accessory use.
Additionally, she commented that pools located on private
property require a fence and she believes the tree house in
question should have a fence in order to protect the safety of
the neighborhood children. She commented further that the slats
on the tree house are 24” apart which she believes is a
dangerous situation and if a child were to fall the result could
quite possibly be a broken neck rather than a scraped knee.
Ms. Lyons said that in light of a potential
lawsuit naming Ms. Eisenhardt individually, not as a Board
Member, she believes any further discussion of this matter is
inappropriate.
Ms. Joe Paternostro told the Board that he
believes Ms. Eisenhardt is using her position as a member of the
Board to have this tree house removed and he believes she is
harassing the property owner.
Ms. Eisenhardt asked Mr. Garton if the Code
Enforcement Officer has the power to void or over ride an
easement and Mr. Garton said he did not believe that this is an
action that must be taken by the Board of Supervisors.
A discussion was held concerning whether Mr.
Lanetti has ever issued verbal permits in the Township and he
responded that he has not.
Again, Ms. Lyons explained that due to the
potential lawsuit this discussion is inappropriate.
Ms. Philo explained that she is tired of this
discussion and believes that if the Township codes and
ordinances are enforced then the Township has no liability and
if someone is injured on private property it is the
responsibility of the homeowner/property owner. She said we are
all neighbors and she wants to be able to talk neighbor to
neighbor. She said she finds this entire discussion very
disturbing and believes that this issue is between neighbors and
not the Township.
Ms. Godown commended the Board of Supervisors for
their stand on this issue and said the Board is doing a
wonderful job for the residents.
At this point in the meeting Ms. Lyons resumed
chairing the meeting.
Presentation – Dawn Byers: Dawn Byers addressed
the Board concerning The Friends of Kids Castle fundraising
plan. This plan is to raise funds to facilitate special
maintenance to conduct the 10 year inspection of the playground
footings and to refill the area with wood fiber. Also, a total
re-staining of the structure is necessary with some equipment
replacement and updating. The estimated cost for this will be
approximately $45,000. To commemorate the 10th anniversary the
Friends of Kids Castle would like to apply any monies left over
to a capital fund for the construction of bathrooms near the
playground facility. Ms. Byers asked the Board’s permission to
embark on a fund raising plan.
After discussion, the consensus of the Board was
to have Dawn Byers make a similar presentation to the Park and
Recreation Board and have the Park and Recreation Board submit
their recommendation to the Board of Supervisors for its review.
NEW BUSINESS:
LAND DEVELOPMENT PLAN REVIEW EXTENSIONS:
Gross Tract Final Subdivision: (Location: Old
Dublin Pike): On motion of Mr. Berry, seconded by Ms. Philo,
the Board of Supervisors granted an extension for plan review
for the Gross Tract Final Subdivision plan until April 30, 2007.
Happ Tract – Minor Subdivision (Location: Sandy
Ridge Road): On motion of Mr. Berry, seconded by Ms. Philo, the
Board of Supervisors granted an extension for plan review for
the Gross Tract Final Subdivision plan until May 28, 2007.
LAND DEVELOPMENTS
Fillman Preliminary/Final Major Subdivision Land Development
Plan: (Location: 1290 Pebble Hill Road): The site consists
of 39.0977 acres and is located on the north side of Pebble Hill
Road approximately 3600 feet east of Wilkshire Road. The
applicant is proposing to subdivide TMP 9-22-113 into three
lots. Lot 1 will contain the existing dwelling and outbuildings
and will have a new septic system constructed thereon. On lot 2
the applicant is proposing to construct a single family detached
dwelling with on-site water and septic system and a detention
basin. Lot 3 will remain undeveloped at this time. The plans
approved were prepared by Thomas H. Crews, Inc., were dated
April 28, 2006 and were last revised October 6, 2006. On motion
of Mr. Scarborough, seconded by Ms. Philo, the Board of
Supervisors approved the Fillman Preliminary/Final Major
Subdivision Land Development Plan by a 5 to 0 vote, subject to
the following conditions:
1. Compliance with the Pickering , Corts &
Summerson report dated 11/15/06 with the understanding that the
following waivers were granted:
(a) From the provisions of Section 153-20.C(6)
showing the designated flood plain;
(b) From the provisions of Section 153-20.C(7)
showing the area of slopes from 15% to 25% and above 25% with
the understanding that the waivers granted relate to the area
that is not to be disturbed otherwise the area of slopes must be
shown;
(c) From the provisions of Section
153-20.C(10) showing the location of wells, water courses and
septic systems with the understanding the applicant will submit
an aerial;
(d) From the provisions of Section
153-20.C(11) showing location of trees 12”caliper or greater
except in the area to be disturbed;
(e) From the provisions of Section
153-20.C(14) showing site capacity calculations;
(f) From the provisions of Section
153-20.D(4) showing building set back lines and set backs from
the flood plains and wetlands;
(g) From the provisions of Section
153-20.D(14) showing balance of the site and suggested
development;
(h) From the provisions of Section 153-25
regarding sidewalks and bike paths;
(i) From the provisions of Section 153-26
regarding curbs; and
(j) From the provisions of Section
153-27.A(5) regarding driveways to be constructed at a maximum
grade of 8% with 10% proposed.
2. The Board of Supervisors decided to
accept the dedication of the ultimate right‑of-way along Pebble
Hill Road ;
3. The Board of Supervisors was satisfied
with the irregularly shaped lots;
4. Applicant to pay a fee in lieu of
recreation in accordance with the Doylestown Township Ordinance
for each new lot. Payment to be made at the time a building
permit is drawn for the two (2) new lots.
5. Applicant to pay a fee in lieu of
off-site improvements in the amount of $1,000 for each of the
two (2) new lots which said payment shall be made at the time a
building permit is requested for the two (2) new lots;
6. Receipt of all permits and approvals
from any agencies having jurisdiction over such matters
including, but not limited to, the Board of Health and the Bucks
County Conservation District;
7. Frontage improvements will not be
required but a note shall be added to the plan and the applicant
shall agree that in the event any of the three (3) lots is
further subdivided, that the party choosing to subdivide any of
the three (3) lots shall be required to make all of the frontage
improvements to all of the lots and not simply the lot that was
the subject of the subdivision. Said improvements shall
include, but not be limited to roadway widening, curbs,
sidewalks, and/or bike path. It is understood and agreed,
however, that the then Board of Supervisors may elect not to
impose the obligation, but the applicant shall be required to do
so unless the then Board of Supervisors determines to the
contrary;
8. Compliance with the Boucher & James
report dated 11/20/07 with the grant of the waivers noted in the
report as it relates to a landscape plan, street trees and the
landscape conservation plan;
9. The Board of Supervisors does not
desire the inclusion of street lighting as part of the plan;
10. Compliance with the Bucks County
Planning Commission report dated 6/16/06 to the extent not
satisfied;
11. Compliance with the Environmental
Advisory Council comments dated 8/2/06 and 9/12/06 with the
understanding that the trees in excess of 6” in caliper will be
counted in the area to be disturbed; and
12. Funding and execution of Development
and Financial Security Agreements.
The applicant agreed to the above terms.
Fillman Planning Module: (Location: 1290 Pebble Hill Road):
On motion of Mr. Berry, seconded by Mr. Scarborough, the Board
of Supervisors unanimously approved the Fillman Planning Module
by a vote of 5 to 0.
Eagle Scout: Connor A. Przybyszewski Troop 71: On motion of
Mr. Scarborough, seconded by Ms. Philo, the Board of Supervisors
approved a Proclamation honoring Connor A. Przybyszewski as an
Eagle Scout by a vote of 5 to 0. Mr. Scarborough will attend
the Special Court of Honor on March 25, 2007.
DVRPC – TCDE Grant
Applications:
Bike and Hike Grant Application: On motion of Ms. Philo,
seconded by Mr. Scarborough, the Board of Supervisors authorized
submitting the Bike and Hike Grant Application for the R-5
Pedestrian/Transit Linkage Project. This motion passed by a
vote of 5 to 0.
Planning Commission Grant Application: On motion of Ms. Philo,
seconded by Mr. Scarborough, the Board of Supervisors authorized
submitting the Planning Commission Grant Application for the
South Easton Road Streetscape/Transportation Enhancement Study.
This motion passed by a vote of 5 to 0.
Zoning Hearing Board Application for 54 Warden Road – Request
for A Variance: After discussion, the consensus was to send no
representation from the Board of Supervisors regarding this
application.
Treasurers Report: On motion of Mr. Scarborough, seconded by
Ms. Philo, the Board of Supervisors approved the February 20,
2007, Treasurer’s Report. This motion passed by a vote of 5 to
0.
Bills List: On motion of Mr. Scarborough, seconded by Ms.
Philo, the Board of Supervisors approved the February 20, 2007,
Bills List in the amount of $849,191.44. This motion passed by
a vote of 5 to 0.
Announcements:
The next meeting of the
Board of Supervisors will be held on Tuesday, March 6, 2007.
There will be a public hearing on the Route 202 Parkway on
February 28, 2007, at Lenape Middle School at 5:30 p.m.
The Zoning Hearing Board meeting scheduled for Wednesday,
February 21, 2007 with respect to Tarry Builders has been
cancelled and will be rescheduled.
Adjournment:
There being no further business to come before the
regular meeting, the Board of Supervisors meeting adjourned at
8:00 p.m.
Respectfully submitted by
Stephanie J. Mason |
Authored by Development Solutions