Zoning & Subdivision Review Committee

Meeting Minutes

Tuesday – August 21, 2001 – 7:30 p.m.
MCRPC Offices, 2491 Highland Road – Hermitage, PA

Members Present	Others Present
Samuel Scott, Chairman	Dennis G. Puko, Executive Director
James Rollinson, Vice-Chairman	Fred Frank, Planner - MCRPC
Jim Hogan	Peg Heldorfer, Associate Planner - MCRPC
Clifford McCandless	Attorney Robert Kochems
Ron Faull	Jerry Johnson, Mercer Borough
Burroughs Price	Norm Straub
Chuck Garrett

Mr. Scott, Chairman, called the meeting to order at 7:30 p.m. A quorum was present. Mr. Scott noted that the Minutes of the June 19, July 9, and July 17, 2001 meetings were mailed prior to tonight’s meeting and there being no additions, corrections, or deletions, the Minutes stand approved as mailed.

N E W B U S I N E S S

1. Modification Request – New England Estates – Residential Subdivision of Filer Plumbing, Heating & Construction – Pine Township – Mrs. Heldorfer reviewed this with the Committee noting that Mr. Puko reviewed this preliminary subdivision at our May 2001 meeting. She noted that we received a modification request from Mr. Filer related to Streets, Article IV, Section 404. She noted that there are various small wetlands on the property, which have limitations of sight distance from the property that limit the layout of lots and entrance drive. One entrance drive from Irishtown Road, which has good sight distances and a looped road beginning 572’ from Irishtown Road are proposed. The wetlands were found to be more than what they were on the first subdivision. The modification is a loop road, but the Commission had looked at it in terms of length on a cul-de-sac, because of the one entrance onto Irishtown Road. She stated that the furthest point from the entrance to Irishtown Road is 1,350 feet. Mr. McCandless noted that instead of an entrance and exit, this modification is a much better layout, because it was a very poor place for cars coming out onto the road.

A motion was made by Mr. McCandless and seconded by Mr. Garrett to recommend approval of the modification request. The motion passed.

Ms. Heldorfer next stated that along with this modification request, the preliminary plan has been revised. Therefore, we need to approve the revised preliminary plan. She stated that there are now 37 lots, instead of 38. She noted that the subdivision would be called the New England Estates and the road name is Staffordshire Drive. She also noted this subdivision has public sewers with some lots fronting and having access to Irishtown Road, while some other lots would have access to Staffordshire Drive. She noted that there were ten (10) lots that did not meet Pine Township’s 25,000 square foot requirement, but was informed that Pine Township approved a variance last week for those 10 lots.

A motion was made by Mr. Hogan and seconded by Mr. Faull to recommend approval of this revised preliminary plan. The motion passed with Mr. Price voting no.

2. Mercer Borough Zoning Ordinance – Major Revisions – Mr. Puko distributed copies of the most pertinent sections of the ordinance and zoning map to Committee members noting that Mercer Borough had done a reasonable overhaul of their ordinance. He noted that this ordinance now has 7 zoning districts (R-1, R-2, R-3, C-1, C-2, I and PO), which he briefly highlighted. He noted that the C-2 and I Districts are different from the present ordinance in that they now have a buffer and screening provision built in. He noted that the Planned Opportunity (PO) District is an area that is not developed now, the Borough is less concerned that any proposed development is residential, commercial, industrial, but more concerned that the development is well planned and would have some measure of protection so that the existing development is not impacted by it. The PO District is not in the existing ordinance and all that property is currently zoned Residential. He noted that Mercer Borough Planning Commission had a meeting the other evening and discussed a number of changes even to this draft being presented this evening. Most likely, the local planning commission will ask borough council to modify a couple of elements: on South Pitt Street, the area which is zoned R-3, the request is going to be made to council to bump them back to R-2.

Mr. Puko noted that Jerry Johnson, Mayor of Mercer Borough and Attorney Kochems, Solicitor for Mercer Borough were in attendance to answer any questions. Mr. Johnson noted that Mr. Puko reviewed this very well and noted that council would consider the request from the local planning commission concerning South Pitt Street. Attorney Kochems commented that overall the Borough of Mercer is very pleased with the idea of including more community development standards in the Borough.

A motion was made by Mr. Price and seconded by Mr. Rollinson to recommend approval of the proposed revised zoning ordinance as submitted including the Borough Planning Commission’s recommendation. The motion passed.

3. Surveying Complaint – Mr. Straub wanted to inform the Committee about possible fraud in subdivisions. He commented about a subdivision in Pine Township, which another surveyor, Ron Bittler, had set iron pins off the property line about 50 feet in order to please the owner. Mr. Straub noted that this is not an isolated incident, he runs into situations like this every week. He feels that this has been going on for at least 25 years, and that MCRPC should not continue to ignore this. He noted that if MCRPC continues to ignore this, he feels we would be participating in fraud. He feels the Commission should enforce their surveying rules by whatever means it takes. Mr. Hogan commented that most of the Committee members would agree to what Mr. Straub is saying. Mr. Puko noted that over the years we have heard complaints from Mr. Straub and other engineers and surveyors about Mr. Bittler. Mr. Puko noted that in prior instances different than this one, he believes the contention was most often that what was put on the ground, did not match what was on the plan. The plan is what MCRPC reviews, the plan closes, and it contains all the proper information and by that surveyors seal and statement that it is a true and accurate survey, MCRPC would move that plan on for approval. He noted that in prior research it was determined that this is a matter of professional conduct that should be controlled by State Licensing. He noted that back in 1994 and 1995, the Commission decided not to pursue this as a violation of the ordinance. Now, some other things are coming to light and what seems to be happening is that, when a plan is submitted, the plan is coming from a "parent lot" and that the representation of that parent lot is not correct. There is no research being done on parent lots or its proper location. MCRPC has looked through their ordinance to see what gives them the ability to say that the survey should be denied. Mr. Straub commented that DEP has an ongoing fraud action with this particular surveyor for over a year. A question was raised if there is a process to appeal to the State licensing. It was noted yes and it was done by the PA Department of Environmental Protection. Committee members feel that they can complain but are not in the position to stop this. Mr. Puko noted that the Commission has not gone the route of filing a complaint on our behalf with State Licensing. New and different evidence is in hand. Also, the Commission can document poor quality plan preparation, repeated needs for plan corrections, and lack of care by Mr. Bittler. Mr. Puko asked Committee members if they would want to change the position the Commission had back in 1995 or using new evidence, join the complainers. He noted that the Commission would need to investigate a route of complaints and have an assembly of evidence against this particular surveyor.

The Committee members expressed concern that poor surveying work should not continue in the County. Mr. Kochems added that he has legal concerns that the Commission suspects poor surveying work but takes no action. After further discussion, a motion was made by Mr. Hogan and seconded by Mr. Garrett to investigate a route of complaint against Mr. Ron Bittler by the Commission to the State Licensing Board, either by joining the existing complaint or filing separately, and begins to assemble evidence to use in the complaint. The motion passed.

 

ADJOURNMENT

There being no further business to conduct, the meeting adjourned at 8:55 p.m.

Respectfully submitted,

Dennis G. Puko,
Executive Director

 

Mercer County Regional Planning Commission
2491 Highland Road, Hermitage, PA 16148
mail@mcrpc.com    www.mcrpc.com

 

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