Regular Meeting                                                                                                                         September 18, 2007

 

 

The regular meeting of the Millcreek Township Board of Supervisors was called to order by Chairman Kujawa in the Assembly Room of the Millcreek Township Municipal Building.  Present were Gerald Wolf, Lawrence Curtis, Joseph Kujawa, Brian McGrath, Evan Adair, Esq., Phyllis Vollbrecht, Julie Maggio, Richard Morris, P.E., and Chief Richard Andrews.

 

Following the Pledge to the Flag, Chairman Kujawa called for public comment on agenda items other than development or rezoning applications.  No comments were received.

 

It was moved by Mr. McGrath and seconded by Mr. Curtis to approve payment of the weekly bills in the following amounts:

 

            General Fund                                                                  $1,174,264.05

            Art Show Fund                                                                $      1,155.00

            Sewer Revenue Fund                                                        $   894,444.56

 

Motion carried by unanimous roll call vote.

 

A public hearing was held on the following petitions requesting a change in zoning classification:

 

Joel M. and Joan J. Cotter, for property located at 2720 West 13th Street, now zoned Resort-Business District, asking for a change in classification to Light Industry District.

 

Mrs. Maggio reported that the Millcreek Township Planning Commission recommended approval and the Erie County Planning Department stated that the rezoning change is generally consistent with the Erie County Comprehensive Plan and would be an extension of the existing Light Industry District on West 13th Street. The Township’s Comprehensive Plan calls for commercial.

 

Joel Cotter, 2577 West 6th Street, appeared on behalf of the petition.  He is the owner of Erie Fence, Inc. which is located on the property adjacent to the petitioned property.  They need to use the property for expansion and more storage.  No one appeared against the petition.

 

It was moved by Mr. McGrath and seconded by Mr. Curtis to approve the rezoning of 2720 West 13th Street from Resort-Business District to Light Industry District.  Motion carried by unanimous roll call vote.

 

Kimberly B. Sanford, for property located at the southwest corner of Edinboro Road and Golf Club Road, now zoned Agriculture District, asking for a change in classification to “D” Residence District.

 

Mrs. Maggio reported that the Millcreek Township Planning Commission recommended approval and the Erie County Planning Department stated that the rezoning change is generally consistent with the Erie County Comprehensive Plan and would be an extension of the “D” Residence along Edinboro Road.  The Township’s Comprehensive Plan shows multi-family.

 

Kimberly Sanford, 4206 Woodbrook Landing, appeared on behalf of the petition.  The rezoning of this parcel would be harmonious with other parcels along Edinboro Road which are zoned “D” Residence.  The property is not suited for single-family homes.  Mrs. Sanford said with all the setbacks, she could put in 24 units instead of almost 50 units allowable. 

 

Peter Burton, 5380 Baer Creek Road, appeared on behalf of the petition.  His company, The Brecht Company, owns the property and hoped to build a small funeral home on it.  After looking at the new Land Development Plan, it was not feasible to do so.  The property has been listed for sale for about ten months.  He feels this property should not be kept as agricultural zoning.

 

Carol Mancuso, 2505 Kimberly Drive, spoke in opposition.  Her property abuts the property in question.  She presented petitions from Kimberly Heights Subdivison and Golf Club Road Estates.  They are not so much against rental properties but they want assurance that it would not be overly populated.  Mr. Kujawa explained that Mrs. Sanford will have to present a land development plan if the rezoning were approved which would show the exact plan—the number of units, accesses, etc.  Mr. McGrath pointed out that if the property were rezoned, it does not automatically mean the maximum number of units would be built.  The Board in the past has denied applications for land development plans because adjoining infrastructure could not handle that density.  Neighbors will certainly be able to comment on the land development plan when and if presented.   Mrs. Mancuso reiterated that the neighborhood is concerned with “what is going in there.”

 

Mark Mancuso, 2505 Kimberly Drive, spoke in opposition.  Their neighborhood is a very close one.  They feel the property should be rezoned to something but would prefer a single-family rezoning.  Multi-family zoning would not benefit what is an already-established neighborhood.  Mr. Mancuso read an excerpt from a newspaper article regarding spot zoning (included in the Planning Commission minutes).

 

Brian Lewis, 2524 Kimberly Drive, also appeared against the rezoning.  He feels that Route 99 and Niagara Plastics are a nice buffer and the rezoning of this property would not be consistent with what is there.

 

Kim Sanford said she intends to build two story buildings with a very residential feel.  They will probably two to three bedroom units with garages.  And, the construction will happen over a period of five to ten years.

 

Mark Mancuso said the five to 10 year plan does not calm him in any way.  He indicated that several homeowners close to this property tried to purchase it; however, the deal fell through.  Again, he stated the property should be used for single-family dwellings.

 

Brian Lewis agreed with Mr. Mancuso and called this spot zoning.

 

Mr. Curtis asked why single-family homes have not been built on the property.  Mr. McGrath explained that the property was zoned agriculture which means that 2.5 units per acre could be constructed as opposed to five to six units per acre in residential.  If it were to be rezoned residential, every lot would have to front on a public street meaning multiple driveways onto Edinboro Road.  He explained why this property was designated multi-family when the Comprehensive Plan was done.  The size and shape of this parcel will not permit 50 units to be built on it despite the fact that the number of acres and the present Zoning Ordinance would allow it.  Other restrictions (setback from Edinboro Road, amount of open space required, etc.) would not allow 50 units.  The number of units will be controlled by the Board of Supervisors at a future date with a recommendation from the Planning Commission after a public hearing.  

 

Carol Mancuso said the neighborhood would not be opposed to “A” Residential which would control the number of people living there.  Could “A” Residential fit into Kim Sanford’s plans?  Mrs. Sanford said that “A” Residential would not allow duplexes or condominiums. 

 

Mr. Kujawa pointed out the safety issue of each single-family home exiting onto Route 99 if the property were to be rezoned “A” Residential.

 

It was moved by Mr. McGrath and seconded by Mr. Curtis to approve the rezoning of property at the southwest corner of Edinboro Road and Golf Club Road from Agriculture District to “D” Residence District.  Motion carried by unanimous roll call vote.

 

It was recommended by Engineer Morris, moved by Mr. McGrath and seconded by Mr. Curtis to deny the request of Whispering Woods Golf Course, LLC to release Sky Bank Letter of Credit 1400047927 in the amount of $4,620.00 for the Whispering Woods Golf Course Clubhouse because Hill Engineering has not verified that the proposed storm sewer facilities were constructed in reasonable conformity.  The developer has been notified to contact Hill Engineering.  Motion to deny carried by unanimous roll call vote.

 

It was recommended by Engineer Morris, moved by Mr. McGrath and seconded by Mr. Curtis to approve the Stormwater Maintenance Agreement for the Evergreen Subdivision located on Sterrettania Road.  These stormwater flows are conveyed to Pebble Creek flood detention basin with more than adequate capacity to handle the flows.  Motion carried by unanimous roll call vote.

 

It was recommended by Engineer Morris, moved by Mr. McGrath and seconded by Mr. Curtis to approve a one-year extension of the NPDES, Phase II, MS4 Permit.  Engineer Morris explained that the Department of Environmental Protection has given Millcreek Township (an individual permittee) the option of applying for a one-year time extension permit to the National Pollution Discharge Elimination System, Phase II, Municipal Separate Storm Sewer System.  This allows Millcreek Township to complete sampling outfalls.  The permit will expire January 1, 2009 if not extended.  Motion carried by unanimous roll call vote.

 

Mr. McGrath presented the Building Construction Report for August as follows:

 

            Total Residential Structures                                               $2,703,140.00

            Total Non-residential Structures                                         $2,109,875.00

                                                                                    $4,813,015.00

 

Zoning Permits Issued                                                                    46

Zoning Permit Fees                                                          $     10,400.00

 

It was recommended by Treasurer Wolf that the Board approve the new investment policy statements by Morrison Fiduciary Advisors for the Police and Employees Pension Plans.  Employee representatives from both plans reviewed the new investment policy statements.  It was moved by Mr. McGrath and seconded by Mr. Curtis to approve.  Chairman Kujawa called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

Mr. McGrath reported that Head Streets Foreman Clifford Joslin requested that Adam Nelson, summer help, be permitted to work three days per week through the end of the summer construction season.  It was moved by Mr. McGrath and seconded by Mr. Curtis to approve the request.  Chairman Kujawa called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

It was recommended by Chief Andrews, moved by Mr. Curtis and seconded by Mr. McGrath to approve the closing of Caughey Road from West 26th Street to the northernmost McDowell High School parking lot from 5:45 p.m. to 6:45 p.m. for the McDowell Homecoming Parade on October 5, 2007.  Temporary “No Parking” will be posted by the Building Maintenance Department on the morning of the parade as designated on the parade plan.  Chairman Kujawa called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

It was recommended by Chief Andrews, moved by Mr. Curtis and seconded by Mr. McGrath that Sgt. Scott Heidt, Cpl. Timothy Fallon, and Cpl. Christopher Hauber be permitted to attend an investigation of fires and explosions seminar on September 18 and 19 in Pittsburgh, Pennsylvania.  Expenses will be paid by the Insurance Fraud Prevention Authority grant.  Chairman Kujawa called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

There being no citizens to be heard or further business to come before the Board, it was moved by Mr. Curtis and seconded by Mr. McGrath to adjourn the meeting.  The motion carried and the meeting adjourned at 10:22 a.m.

 

Phyllis A. Vollbrecht

Assistant Secretary

 

 

APPROVED:    October 9, 2007

 

Joseph S. Kujawa

Brian P. McGrath

Lawrence G. Curtis