CALL TO ORDER

Mr. Nauman will call the meeting to order.

ACTION ITEMS

APPROVAL ITEMS

1. Approval of the minutes

The minutes from the May 19, 2020, Planning Commission (PC) meeting have been

posted to the minutes folder on Planning Commissioners’ web page.

Action: Move to approve minutes as noted.

Draft minutes are attached and at this link:

https://www.dropbox.com/s/b9hftpf17j1fe0t/Halfmoon-Minutes-PC051920.pdf?dl=0

2. Review of the Seifert Subdivision

Hawbaker Engineering Inc. submitted a Preliminary/Final Minor Subdivision for Seifert

Property located on Kay Ty Lane. The plan is dated January 30, 2020, and was

resubmitted on June 5, 2020, for additional review. The Property is in the Agriculture

(A1) zoning district. The Plan proposes to subdivide a 17.1-acre parcel into two parcels

for future construction of a single-family home. The proposed lot would be 1.375-acres

in size, leaving the parent tract 15.794-acres in size.

The Seifert Plan and associated documents can be found at the following links:

https://www.dropbox.com/s/pmsh42gxithj3z6/3_Seifert-Subdivision%20PAN83-

Subdivision.pdf?dl=0

https://www.dropbox.com/s/cbj71ja3w1v7mdg/Staff%20Comment%20Letters.pdf?dl=0

https://www.dropbox.com/s/bbdsueqgvvgcabm/Resubmisssion%20Letter_20200612.pdf?

dl=0

HALFMOON TOWNSHIP PLANNING COMMISSION

MEETING AGENDA ◦ TUESDAY – June 16, 2020 ◦ 7:00 P.M.

100 Municipal Lane, Port Matilda, PA 16870

Halfmoon Township Planning Commission Meeting Agenda

June 16, 2020 Page 2 of 3

https://www.dropbox.com/s/wvlxvwgi2vzxfyy/Seifert-Subdivision%20PAN83-

Subdivision.pdf?dl=0

Township staff has reviewed the plan and lists the following deficiencies:

• Township SALDO requires public road frontage for all new lots, • Township SALDO requires all roads accessing new/proposed lots to be brought

up to Township standards, and • Township Zonings states that no buildings or septic systems be installed within

the Riparian Buffer Overlay Zone.

Township staff does not recommend approval of the proposed land subdivision plan.

Action: This is a request for the Planning Commission to consider a motion to

recommend approval or disapproval of the Preliminary/ Final Subdivision Plan to the

Halfmoon Township Board of Supervisors.

3. Review of the Houtz Self Storage Expansion Plan – Land Development Plan

Lichty Engineering Inc. submitted the Expansion/Land Development Plan for the Houtz

Self Storage Property. The plan proposes the addition of four (4) new storage buildings

and additional parking on the Property. Township Staff reviewed the plan and sent a

comment letter out on June 2, 2020, noting deficiencies. On June 8, 2020, Lichty

Engineering sent back the revised plan and response letter. All deficiencies were

addressed.

The Houtz Self Storage Expansion – Land Development Plan and associated documents

can be found at the following links:

https://www.dropbox.com/s/85rp0phoi0eweqx/Houtz%20Plan.pdf?dl=0

https://www.dropbox.com/s/8n4kw28c2e76azh/Houtz%20Plan%20Response%20letter.p

df?dl=0

https://www.dropbox.com/s/wetg48k5sxewe9o/Houtz%20Self%20Storage%203rd.pdf?dl

=0

Township staff does recommend approval of the proposed expansion - land development

plan.

Action: This is a request for the Planning Commission to consider a motion to

recommend approval or disapproval of the Preliminary/ Final Subdivision Plan to the

Halfmoon Township Board of Supervisors.

DISCUSSION ITEMS

Halfmoon Township Planning Commission Meeting Agenda

June 16, 2020 Page 3 of 3

1. Region or Local items of interest

PC members are encouraged to bring any items of interest forward to Staff.

REPORTS

1. Centre Regional Planning Commission – Mr. Meehan

2. Halfmoon Township Open Space Board – Mr. Nauman

3. Board of Supervisors Report - Ms. Gembusia

4. Centre Regional Planning Agency Report - Mr. Rilk

MATTER OF RECORD

1. The next scheduled Planning Commission meeting is on July 7, 2020.

ADJOURNMENT Chairperson will call for a motion to adjourn

In attendance: Lorin Nauman, Jeff Martin, Andrew Meehan, Mark Paget, Joe Soloski

Others attending: Corey Rilk (CRPA), Denise Gembusia (Township Manager)

Call to order 7:00 pm Mr. Nauman called the meeting to order.

Approval Items Approval of Minutes from the March 3, 2020 Planning Commission (PC) meeting

Motion: Mr. Martin motions to approve the minutes of the previous meeting. Motion was seconded by Mr. Paget. Minutes approved.

Discussion Items Review of proposed changes to the Riparian Buffer Ordinance (RBO) CRPA and Municipal staff have edited the Riparian Buffer Ordinance. The current ordinance is more restrictive than Pennsylvania Department of Environmental Protection (PA DEP) guidelines as well as other Centre Region Municipalities’ Riparian Buffer Ordinances. The PC should review the proposed Riparian Buffer Ordinance and offer comments and suggestions.

- Current ordinance requires construction/buildings to be at least 100 feet from wetlands or stream banks. Most municipalities and DEP require a 50-foot buffer.

- Changes to RBO based on the proposed Siefert land development plan. - Township staff proposes a change to a 50-foot buffer. This would be the total distance from

wetland or streambank. They also recommend removing the statements of “25 feet of yard required” and “approved uses.”

Comments:

#5 under Management of Vegetation (255.4) #5 states “areas that cannot be revegetated shall be restored in compliance with Township requirements”

- Mr. Nauman stated that this wording is vague and cannot be enforced. He suggests removing #5

- Mr. Meehan asks, “What does DEP say?” … very vague - Ms. Gembusia suggests adding “as approved by the Township Engineer”

HALFMOON TOWNSHIP PLANNING COMMISSION

MEETING MINUTES ◦ TUESDAY – May 19, 2020 ◦ 7:00 P.M.

100 Municipal Lane, Port Matilda, PA 16870

Halfmoon Township Planning Commission Meeting Agenda

May 19, 2020 Page 2 of 3

- Mr. Nauman states “Township Engineer would have the knowledge to mitigate any problems at the beginning and provide recommendations” before it would go to the Planning Commission and ultimately the Board of Supervisors for approval.

- Mr. Rilk states “we want changes to make this ordinance forward thinking and enforceable”

Farms: they can farm up to the water’s edge (there is no required buffer) if using acceptable practices (for fertilizer and manure discharge).

What about septic? Does that follow the 50-foot buffer?

Propose: Change the wording of #5 by adding the following: “… in compliance with Township Engineer’s recommendations”. This would allow the Township Engineer to write up problems, Planning Commission would review to make sure they are in compliance before approving. This would put the pressure back on the Developer.

Region or Local items of Interest

PC members are encouraged to bring any items of interest forward to Staff.

1. Road length discrepancy (Mr. Nauman) 2. 4 lot exemption in the RPD (Rural Preservation District). Mr. Nauman would like to take this out

and change to: “allow a 1 lot subdivision for farmer family member” 3. Open space. Ms. Gembusia stated that long term goals of the township are to increase open

space property that the township owns. SALDO addresses this.

Reports Centre Regional Planning Commission (Mr. Meehan)

- May 7th was first meeting (virtual using Zoom) since COVID-19 started - Looking at Workforce housing - Amended bylaws to authorize Zoom/remote meetings

Halfmoon Township Open Space Board (Mr. Nauman)

- Meeting last week via Zoom. - Board of Supervisors placed the Fischer property on hold because county may provide some

monies. - Comment by Ms. Gembusia: Mrs. Fischer wants to move into a 99 year lease so the Open Space

agreement process can move forward. If the county provides some monies, the 99 year lease can become a permanent easement.

- New Township Open Space rating (scoring) system for properties developed and sent to the Board of Supervisors for approval.

Board of Supervisors/Managers report (Ms. Gembusia)

- Open Space Scoring system approved by the Board of Supervisors. - June 2 – voting (PA Primary)

Halfmoon Township Planning Commission Meeting Agenda

May 19, 2020 Page 3 of 3

- Meetings are by Zoom (Last meeting was May 14th) - Ms. Gembusia still comes to the Township building for meetings so that there is an option for those

that do not use /have digital access and want to join in. - Mid-year report is coming soon. - Strategic Plan Session proposal approved last week - Question: How do we move forward with COVID-19 and get people involved?

Centre Regional Planning Agency (Mr. Rilk)

- COG Building is closed and will stay closed until the county goes “Green” - Riparian Buffer Ordinance – sent to COG

The June 2, 2020 meeting is canceled due to the Pennsylvania Primary. The next meeting scheduled for June 16, 2020.

Call for adjournment at 8:10 pm by Mr. Meehan, Mr. Martin seconded.

20

90

311

LOCATION MAP 1"=2000'

PROJECT SITE

CENTRE COUNTY RECORDER

SURVEYOR CERTIFICATION

LEGEND

TOWNSHIP SUPERVISORS

HALFMOON TOWNSHIP APPROVALSPLANNING COMMISSION

PROFESSIONAL LAND

SEWAGE DISPOSAL REVIEW

Halfmoon Township 1948 Halfmoon Valley Road Denise Gembusia Port Matilda, PA 16870 Manager

(814)692-9800 Fax (814) 692-7585

Board of Supervisors Danelle Del Corso, Chair Robert Strouse, Vice-Chairman Patti Hartle, Supervisor David Piper, Supervisor Charles Beck, Supervisor

March 13, 2020

Mr. Robert Myers, P.E., P.L.S Hawbaker Engineering, LLC. 1952 Waddle Road, Suite 201 State College, PA 16803

RE: Preliminary / Final Development Plan – Seifert Property Plan Review Comments

Dear Mr. Myers:

The Township Zoning Officer, Planning Staff, and Engineer (attached as separate letter) have reviewed the subject plan, and offer the following comments:

General Comments

1. All signatures and professional seals must be provided before the plan will be approved by theHalfmoon Township Board of Supervisors.

2. Add a Fire Chief signature section to the signature block on the plan.

SALDO and Zoning Comments

3. Please add a purpose statement to the Project Notes stating what the intended use of the proposed lot will be (I.E. residential lot).

4. Please add to the Project Notes that the proposed lot will be one of the four allowed exemptions from the RPD.

5. State and show the parent tract on the plan.6. All new lots created within the Township are required to have public road frontage (215-25 D(1)). Bring

300 feet of Kay Ty Lane up to Township road standards with a cul-de-sac to allow for emergency vehicle maneuvering.

7. All new lots created within the Township are required to have public road frontage (215-25 D(1)). Extend the proposed lot so that at least 25 feet of the proposed lot has frontage on Kay Ty Lane and upgrade a portion of Kay Ty Lane to public road standards. Mr. Seifert stated that he may try to purchase a section of the adjoining property which would have public road frontage (Beckwith Road), Township Staff agreed that this would satisfy the road frontage issue. A definition of Lot Width stating road front can be found in Zoning 255 definitions.

8. State in the Project Notes that all proposed units will be sprinklered.

Port Matilda Fire Company Comments

1. “I have come to the conclusion there is a need for a sprinkler system installed or a Dry hydrant withenough water to assist with fire control operations located on the property. The roadway/drive willhave to be upkept better to allow the apparatus access to the site either way. Filling in the potholesand verification that the drainage pipes crossing the lane, will have to handle the weight of fireapparatus.”

The Township is aware that the plan was withdrawn, and the Board of Supervisors waived the plan resubmission fee at the March 12, 2020, Board of Supervisors’ meeting. These comments were discussed at the March 9, 2020, meeting between Township Staff, Mr. Seifert, and Robert Myers (Hawbaker). Let me know of any additional questions you may have.

Sincerely,

Corey L. Rilk Ken Soder

CRPA / Township Local Planner Zoning Officer

cc:

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Subject: RE: Seifert WaiverFrom: "Prior, Robert" <rprior@contractor.jcp.com>Date: Wed, Feb 26, 2020 12:40 pm

To: Amy Smith <townshipclerk@halfmoontwp.us>

Amy, thank you for taking the �me to talk with me. A�er looking over the plans and visi�ng the property at KAY TYlane. I have come to the conclusion there is a need for a sprinkler system installed or a Dry hydrant with enough waterto assist with fire control opera�ons located on the property. The roadway/drive will have to be upkept be�er to allowthe apparatus access to the site either way. Filling in the potholes and verifica�on that the drainage pipes crossing thelane, will have to handle the weight of fire apparatus. Deputy Chief Robert PriorPort Ma�lda Vol Fire Co.Sta�on 15 # 814-692-4074personal Cell # 814-571-7911

From: Dave Kessling <davekessling@comcast.net>Date: February 18, 2020 at 4:18:50 PM ESTTo: Robert Prior <firebert15@msn.com>Subject: Fwd: Seifert Waiver

Sent from my iPhone

Begin forwarded message:

From: townshipclerk@halfmoontwp.usDate: February 18, 2020 at 3:24:39 PM ESTTo: Corey Rilk <crilk@crcog.net>Cc: Jeff Stover <jstover@ni�anylaw.com>, Dave Kessling <davekessling@comcast.net>Subject: Seifert Waiver

Attached is a waiver request for Elwood Seifert who plans on subdividing alot off of Kay Ty Lane and because it is a private road must receive a waiverunder the current Subdivision Ordinance adopted by the Board ofSupervisors last year. It is proposed to be reviewed by the Board ofSupervisors at their March 12 meeting. Per the waiver it had to be submitted14 days prior to a Board of Supervisors meeting so the February 27thmeeting is out and the PC will not review until their March 3rd meeting. Thanks,Amy Dave - please forward to appropriate reviewer. As you can see from thewaiver they are propsing a sprinkler system. Amy M. Smith

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Please reply to: Bellefonte Office

MEMORANDUM TO: Halfmoon Township Board of Supervisors c/o Amy Smith, Township Clerk FROM: Jeffrey W. Stover, Esquire DATE: March 9, 2020 RE: Elwood L. Seifert Waiver Application Elwood L. Seifert applies for a waiver of the Halfmoon Township Subdivision Regulations respecting a proposed subdivision plan for parcel number 17-4/14E. Mr. Seifert owns that property, containing 17.20 acres, by virtue of a deed from Robert A. Wood, et ux. dated January 11, 1977 and recorded in Centre County Deed Book 366, page 217. The property is a portion of a larger parcel of land owned by Robert A. Wood, et ux. that was subdivided pursuant to that certain “Final Subdivision Plan of Robert Wood”, prepared by Henry Surveys, dated December 17, 1976, and recorded in Centre County Plat Book 29, page 35. The Seifert property has frontage along Beckwith Road. In addition, a private road, known as Kay-Ty Lane, provides access from Beckwith Road to the subject parcel along with a property designated UPI # 17-004/014F and a parcel designated UPI # 17-004/014U. Applicant now seeks to subdivide his parcel (UPI #17-004/014E), into two properties. He proposes to provide access to the new property by way of Kay-Ty Lane. By doing so, Kay-Ty Lane would now serve four properties. In order for Mr. Seifert to obtain approval for the subdivision, he is required to upgrade Kay-Ty Lane to current street standards. See Halfmoon Township Subdivision and Land Development Ordinance, Section 215-16. Mr. Seifert has apparently obtained an estimate to do so, which exceeds $109,000. Mr. Seifert now seeks a variance from the requirement to bring the lane to township standards in order to avoid that expense which he claims he cannot afford to bear. The design and improvement standards of the SALDO ordinance provides in pertinent part, “If any provisions of this chapter are found to be unreasonable and cause undue and unnecessary hardship as they apply to his proposed subdivision, the Supervisors may waive or vary the strict terms of such provisions. The criteria for the Supervisors to apply in determining whether to waive or vary the strict application of a provision are as follows:

March 10, 2020 Page 2

(1) That there exists special physical circumstances or conditions which render the strict application of the requirements an undue or unnecessary hardship. (2) That the hardship created cannot be ameliorated by a reasonable change in plans. (3) That the unnecessary or undue hardship has not been created by the Applicant. (4) That the waiver or varying of the strict terms of this chapter will not have the effect of

nullifying the intent and purpose of this chapter. (5) That the property cannot be reasonably developed without the waiver or the varying of

the strict terms of this chapter. (6) That the waiver or varying of the strict terms of this chapter will represent the minimum

deviation that will afford relief and will represent the least modification possible of the regulations in issue.”

Id, Section 215-15A.

The waiver provision of the Halfmoon Township SALDO follows the waiver procedure authorized by the Pennsylvania Municipalities Planning Code. The MPC permits the governing body or the Planning Agency to “grant a modification of the requirements of one or more provisions if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the ordinance is observed.” 53 P.S. Section 10512.1.

Legal commentators have observed that Section 512.1 is similar to the power of a Zoning

Hearing Board to grant a variance from a provision of a zoning ordinance, especially in the sense that such variance should be due to a “peculiar condition” pertaining with the land, and so long as such modification is not contrary to the public interest. It has been observed that such a variance or waiver on the basis of “undue hardship” is more lenient than the very stringent “unnecessary hardship” requirement for a zoning variance. See Ryan, Pennsylvania Zoning Law and Practice, Section 11.2.7.

Mr. Seifert’s application does not point to any peculiar condition with his land. The only

hardship he identifies is a financial hardship, that being the cost to bring Kay-Ty Lane up to township standards. He claims the expense of doing so is too high for him to meet, particularly in light of his 74 years of age. Unfortunately, Mr. Seifert has not identified a peculiar condition pertaining with his land that would support a variance under the waiver requirements of the MPC and the Halfmoon Township SALDO Ordinance.

Under the law as it currently exists, I cannot recommend the grant of a waiver in this particular

case.