Wayne Township Planning Commission
Minutes for Monthly Meeting, November 13, 2018
Attendance Board: Terry Condo, Carl Bathurst, John Noltee, Roxanne Embick, Rod Shemory, Steve Simcox, Mae Johnson Public: Robert Maguire, Jim Maguire, Russ & Marie Johnson
Meeting was called to order at 7:00PM.
Pledge of Allegiance led by Terry Condo.
Approval of the minutes: The minutes from the October meeting were reviewed. Rod Shemory made the motion to approve the minutes. John Noltee seconded the motion. Motion carried.
Public Hearing re: Conditional Use request by Russ Johnson – A request has been made for Conditional Use of the property at 330 McElhattan Dr for business and Insurance offices located in Village Center: parcel nos. 35-017267 and 35-017268. The letter lists the properties as currently zoned Highway Interchange, but the actual zoning is Village Center. Mae noted that the only difference in the two regarding use are the set-backs. A letter will be sent to the Board of Supervisors regarding changing the initial request from Highway Interchange to Village Center. Terry stated that he has a concern regarding the potential for truck traffic due to the limited space available. He further recommended that truck parking not be permitted. Carl inquired about the number of parking spaces required. After reviewing the Zoning Ordinance regarding Off Street Parking and Loading; Commercial/Retail Use; Retail Stores or Business Establishment; the requirement is 1 for each 300 sq ft of gross floor area and +1 for each employee in the maximum work shift. John Noltee made a motion to recommend approval of this request with the following requirements: change the request from Highway Interchange to Village Center, no truck parking be permitted on the premises, and currently meets all parking requirements as listed above. Mae Johnson seconded the motion. All were in favor and the motion carried.
Robert A. Maguire Zoning Change Request – Robert Maguire appeared tonight with another letter regarding his request of September 2018 to rezone properties that abut Truck-Lite on Reservoir Rd. The parcels include Big Woods Land Company Parcel # 02-01-0039-A, Robert A. Maguire Parcel # 02-01-0039-007, and William and Marilyn Bitner Parcel # 02-01-0039-003. The single letter again asks for “urgent” rezoning of the three properties from Low Density Residential (R-1) to Highway Interchange (HI). The letter appears to be signed by Robert A. Maguire, William Bitner, Marilyn Bitner, and James A. Maguire. Robert Maguire stated that there are no current plans for development.
One of the requests made by the Planning Commission before offering recommendation was for Robert Maguire to include some proposed buffers to protect current and future land owners on Brittan Lane. The letter presented at the meeting does not address this request. Terry Condo feels that the buffers that currently exist are inadequate and they are being addressed in the new Zoning Ordinance, which is currently being completed for review. He feels that it would not be appropriate to offer the Planning Commissions favorable recommendation without those provisions. Robert Maguire feels that the current buffer requirements are adequate and that he should not have to wait. When asked by Carl Bathurst what the hurry was if there were no current plans, Mr. Maguire stated that he did have plans for a business on the current residential property. When asked what type of business, Robert Maguire declined to answer. Terry stated that he did not feel comfortable making a recommendation without provisions made for a buffer. Mr. Maguire interrupted and stated that the Planning Commission needed to follow the current guidelines. Terry gaveled the meeting and excused himself for a 5 minute break. He then returned, stated that he did not feel that he could continue to preside over the meeting and turned over the gavel to Rod Shemory, vice-chair.
Roxanne stated that in the future, it might be best to request to be placed on the agenda prior to the evening of the meeting. Robert Maguire and Jim Maguire both shared that they felt that the requirements that the Planning Commission were requesting were unreasonable and outside the current regulations. Roxanne Embick expressed that we were merely asking for provisions to be made to protect current and future owners from encroaching development. She further reminded Robert and Jim Maguire that the Planning Commission need not make any recommendation on this matter, particularly when our requests have not been addressed. We had requested a letter from Mr. Bitner and Big Woods Land Co. We received one letter with un-notarized signatures at the bottom. This is not a substitute for a letter from the current landowners. Jim Maguire showed the board members the area in question using his phone. Mae Johnson expressed our concerns for current and future residents on the R-1 lots that will about the proposed rezoned parcels. She shared the ways in which our current regulations have failed residents in the past and that we were trying to protect the citizens of the township.
Robert Maguire continued that the letter showed the intent of the property owners involved. Roxanne asked why he did not invite Mr. Bitner to come to the meeting with him. He stated that he did not think it appropriate to “bother an 85 year old man with this” and that was why he brought the letter. Roxanne pointed out that there is no way to validate that the signatures were those of the people listed. Roxanne continued that we only received the new letter, dated October 31, 2018 tonight and that no request had been made to be included on the agenda. This would have given the members the opportunity to further review the request and perhaps have a better answer. Robert Maguire then stated that he would like the record to reflect that there was an official request made to the Planning Commission and that “the clock was ticking.” Roxanne noted that his request appeared in the minutes for both the initial contact in September and today’s request. Robert Maguire then left the meeting.
Roxanne Embick made a motion to continue the rezoning request until the next meeting, on December 11, 2018. Mae Johnson seconded the motion. All were in favor. The matter will be reviewed again at the December meeting.
Comprehensive Plan Approval Process – Roxanne Embick stated that, in early October, she provided Darlene Macklem, Township Secretary, with the letter asking the contiguous municipalities and the school district to review the proposed comprehensive plan. Darlene Macklem was to have the proposed Comprehensive Plan printed at Reese’s Print Shop and send them, along with the letter, to the above mentioned. Roxanne has not received any word on any further activity on this matter.
Public Participation: None
Adjournment: John Noltee made a motion to adjourn. Steve Simcox seconded the motion. Motion carried. The meeting was adjourned at 7:59pm.
Respectfully submitted by,
Roxanne Embick, Secretary