MINUTES FROM THE JANUARY 15, 2001 MEETING

The Hamburg Planning Commission met this evening in the Council Chambers of the Hamburg Municipal Center with Chairman Joseph S. Wertz, Jr. presiding. The meeting was called to order at 7:00 p.m.

MEMBERS PRESENT: Joseph S. Wertz, Jr., George E. Confer, Leon A. Balthaser, Bryon S. Ruhl

MEMBERS ABSENT: None

ALSO PRESENT: Thomas J. Donahue, Michael Adam, Greg Kohl (arrived 7:28 p.m.), Richard W.Boyd-Council President, Jeffrey A. Metz, Lynda G. Albright-Borough Manager,Denise L. Clare-Secretary

At this point, the meeting was turned over to council representative Leon Balthaser for the purpose of reorganization.

A motion was made by George Confer and seconded by Bryon Ruhl to nominate Joe Wertz chairman.

A motion was made by George Confer and seconded by Bryon Ruhl to close the nominations.

ROLL CALL: Ayes-Wertz, Confer, Balthaser, Ruhl
Nayes-None

A motion was made by George Confer and seconded by Joe Wertz to nominate Bryon Ruhl Vice-Chairman.

A motion was made by Joe Wertz and seconded by Bryon Ruhl to close the nominations.

ROLL CALL: Ayes-Wertz, Confer, Balthaser, Ruhl
Nayes-None

A motion was made by Bryon Ruhl and seconded by George Confer to accept the December minutes as written.

ROLL CALL: Ayes-Wertz, Confer, Balthaser, Ruhl
Nayes-None

Leon Balthaser questioned why the recommendation from the Planning Commission regarding the reappointment of Brent Adams was not approved. Lynda Albright stated that council acted based on the personnel committee’s recommendation of not reappointing Mr. Adams due to his lack of attendance and calling in as needed.

Reppert Subdivision-no one was in attendance regarding this but the updated plans were reviewed and letters from Great Valley Consultants and Berks County Planning Commission was reviewed. Joe Wertz asked if the figures for the reconstruction of the street were received. Lynda Albright stated that they were and it would be $25,232 to reconstruct. Joe Wertz felt that it would be inappropriate to ask Mr. Reppert to contribute such a large amount to redo the street after construction.

The Hamburg Municipal Authority will be reviewing the plans at their January 17, 2001 meeting and their comments have not been received yet.

A motion was made by Leon Balthaser and seconded by George Confer to approve the Reppert Subdivision plans contingent upon receiving Hamburg Municipal Authority approval and their concerns being met.

ROLL CALL: Ayes-Wertz, Confer, Balthaser, Ruhl

Nayes-None

Thomas Donahue and his contractor, Michael Adam were in attendance for an interpretation of the zoning ordinance. Mr. Donahue would like to put on an addition to his home. The zoning officer feels the addition is creating a second unit which is not allowed by the ordinance. Mr. Adam stated that is not the case since it will be accessible through the inside of the current house and there is not a kitchen. Mr. Adam has been trying to obtain a permit since November 21, 2000. Mr. Adam has had several meetings with the Borough Manager and the zoning officer to try to resolve the issues. Mr. Adam supplied the information that the zoning officer requested and then had a stop work order placed on him, and now this zoning issue has come up. The problem with the addition is that it shows a kitchen area, a bathroom and a separate entrance which gives the impression of a second residence which is not allowed in the R-1 zoning district. The Planning Commission members looked at the drawings for the addition. Mr. Adam stated that it has been 54 days since the permit was applied for. Joe Wertz asked if the project was started before the permit was applied for. Mr. Adams stated that it was but the zoning officer/building inspector was aware of it and had no problems. The footers needed to be in before frost. Rick Boyd had 2 questions of Joe Wertz; one is what section of the zoning ordinance states that Mr. Donahue cannot do the addition and two what about handicap accessibility? Joe Wertz stated that the section is 401 permitted uses and that while the zoning ordinance doesn’t cover ADA the BOCA code does and handicap access is allowed on the first floor. A suggestion was made to have Mr. Donahue type a letter stating that the addition will not ever be used as a second residence and this letter would stay on file in the Borough Office indefinitely. Joe Wertz stated that at some point Mike Adam said that this addition would be an "in-law" residence. This would then turn into a use issue. The drawing showed it will have a separate entrance and kitchen.

A motion was made by Leon Balthaser and seconded by to allow Mike Adam to move forward but the addition cannot be used as a second residence.

This motion failed for lack of a second.

Joe Wertz and Rick Boyd stated that the letter should come from the Donahue’s and not the Borough. Mike Adam will write the letter for Mr. Donahue to sign.

A letter from the Planning Commission to the Zoning Officer should be written regarding this issue and should be part of the zoning ordinance in case this would come up again in the future.

There are other outstanding building issues that need to be resolved:

1. Smoke detectors
2. Heat
3. Bathroom ventilation-fax to exterior of building
4. GFI near sink
5. Outlet at bedroom door-may need it to meet code

Leon Balthaser asked about the electric code. Who enforces it? The Borough does not have an electrical code and a 3rd party enforces it.

The Planning Commission agreed that if the outstanding building issues were resolved and a letter was received stating that this will always remain a single-family home, the project may proceed and a permit can be issued.

Greg Kohl was filled in on the Planning Commission’s recommendation regarding the Reppert Subdivision plans. The planning exemption for sewer was handed in.

Joe Wertz asked Greg Kohl what he thought was a fair fee for a minor revision to a plan of record. Greg Kohl stated that $200-$300 was a fair amount. Mr. kohl has information from other municipalities and will be faxing them into the Borough. It was also discussed as to whether to have a flat fee or percentage. This amount would work like the current subdivision fees, if the amount paid is exceeded the developer would be required to pay the difference. More information will be obtained for next month’s meeting before a decision is made.

A letter was received by Borough Council from the Reading and Northern Railroad and their easement. Lynda Albright read the letter and showed the plans that were submitted. The original plans were approved about a year ago contingent on the railroad obtaining an easement through Cougle’s Recycling. Since that time, Mr. Cougle will not sign off on the easement and a new one will have to be obtained. The Railroad is trying to get an easement through an unopened portion of Maple Street and across property owned by Penn Steel. The new plans will have to be submitted to the Planning Commission, Great Valley Consultants, Berks County Planning Commission, and Borough Council for review and approval.

Daryl Moyer Zoning Hearing Appeal-Mr. Moyer would like to put an addition on his home but cannot meeting the 8’ side yard setbacks on either side of the property. His current home is already non-conforming and will not be increasing the non-conformity. Mr. Moyer is proposing a 3’ setback on the north side and 5’ on the south side.

A motion was made by Leon Balthaser and seconded by Bryon Ruhl to recommend to the Zoning Hearing Board to consider the application of Daryl Moyer for a variance.

ROLL CALL: Ayes-Wertz, Confer, Balthaser, Ruhl

Nayes-None