Planning commission grants waivers for Smith subdivision; approval conditioned on DEP sign-off

PERRY COUNTY — The Perry County Planning Commission voted to grant a series of standard waivers and to approve a preliminary subdivision plan for property tied to Scott and Melissa Smith, contingent on the commission’s receipt of a Department of Environmental Protection approval letter.

The proposal would split an existing parcel so that an existing house sits on a 1.396‑acre lot while a new lot of about 3.991 acres would be created behind it, using the existing driveway for access. Staff said the entire tract is roughly four to five acres.

Commission staff flagged six waiver requests covering preliminary plan procedures and specifications, bearings and distances and easement details, PennDOT highway‑occupancy permitting, grading and earthmoving plans, and an erosion/nutrients (NS) plan. Jason (staff) told the commission that “we pointed out that ... waivers requested on all of those items” and described them as “kind of standard waivers that usually goes through.”

Commission discussion focused on the private driveway and right‑of‑way. Commissioners and staff noted the driveway is an existing “flag lot” arrangement and that the lot behind uses a right‑of‑way across land owned by the Smiths’ family. One commissioner warned mortgage underwriters can require a formal maintenance or easement agreement before approving a loan and urged the applicants to consider recording such an agreement now to avoid later complications.

The commission granted the waivers and then moved to approve the preliminary plan on the condition that the DEP approval letter be received and provided to staff. The applicant acknowledged the condition and agreed to provide the documentation for final stamping.

Clarifying details recorded at the meeting included the acreage split (1.396 acres for the existing house parcel and 3.991 acres for the new lot), that two lots will use the private right‑of‑way (the third lot has separate access directly on the state highway), and that the sewage module has been submitted and reported as approved by staff at the meeting but the commission wanted the DEP approval letter on file before final signoff.

The commission also suggested that a sample maintenance/right‑of‑way agreement can be included in the plan set or filed separately to clarify long‑term maintenance responsibility and ease future mortgage transactions. No change to the recorded plan was required beyond the DEP condition; staff said the applicants may bring the plans for stamping once DEP confirmation is received.

The commission’s action did not resolve any outstanding private easement disputes; commissioners emphasized the subdivision approval relies on record rights and recommended the applicants verify deed language if questions remain.

The commission took the votes during its business session; the meeting record shows verbal affirmations of approval but does not list individual roll‑call vote names or counts in the transcript that was provided.

The commission’s conditional approval permits the applicants to proceed after they supply the DEP approval letter and, if they choose, to file a formal maintenance agreement to document shared driveway responsibilities.