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589 Lake Warren Road
P.O. Box 100
Ferndale, PA 18921
Phone: (610) 847-5058
Fax: (610) 847-5812
nockamixon@epix.net

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MINUTES OF NOCKAMIXON TOWNSHIP
PLANNING COMMISSION MINUTES

February 1, 2005

ROLL CALL:  
Members Present:
Phyllis Hamilton, Chair
Bill Sadow, Vice-Chair
Mark Kulp
Robert Balbirer
Carl Bahnck
David Haubert
Attendees:
Supervisors
B. Keyser
A. Santopietro
Members Absent:
Anne Lyons
Township Engineer:
Steve Baluh


OPEN MEETING:
Chair Phyllis Hamilton opened the February 1, 2005 Planning Commission with a salute to the flag at 7:30 PM.

APPROVAL OF MINUTES:
A motion was made by R. Balbirer, seconded by M. Kulp, to approve the minutes of the January 4, 2005 meeting with one minor correction on the first page of the Agricultural Security District for Charles G. Leon. Add a note to see the reverse side of the page. The motion carried 6-0-0.

SUBDIVISIONS: Sal Lapio Homes
Tabor & Easton Roads – TMP #30-15-1-2
17-Lot Subdivision
B.C.C.D. Letter of Adequacy – January 13, 2005
Wynn Review Letter – January 20, 2005
B.C. Dept of Health Generally Suitable – January 24, 2005

Evan Pellegrino of Urwiler & Walter presented the plan. Mike Matczak of Sal Lapio Homes was also in attendance. This is a 17-lot subdivision at Tabor and Easton Roads.
The Planning Commission reviewed the Wynn Associates letter of January 20, 2005.
1A. Will Comply: Wetland delineation study and Jurisdictional Determination is being conducted by the US Army Corps of Engineers.
1B. Applicant requested a controlled fill on Lot 16 and requested the approval of the Planning Commission. Steve Baluh commented that normally there isn’t a reserve piece of land the size of a building lot. He will look into this.
1C. Will Comply: Not sure what will happen with Lots 4 and 15. A joint permit will be forthcoming from PADEP/US Army Corps of Engineers for watercourse/Waters of the US disturbance.
1D. Will Comply: Will complete proposed impervious surface calculations within the Residential Zoning District.
2. Parcel A will be dedicated to the Township as recreational space. The plan will be reviewed by the Park & Rec Board. The planners wanted to know if this area was percable for the future installation of a restroom. Applicant advised all sewage sites shown on plan had test holes that passed.
3. Will Comply: No development proposed on the commercial tract (Lot 17). A note should be included indicating that any development of that lot will require submission of a subdivision and/or land development plan in accordance with the current Ordinances of Nockamixon Township.
4. Will Clarify: A response will be forthcoming from PADEP/US Army Corps of Engineers regarding proposed disturbance to watercourse/wetland at the Foellner Lane intersection.
5. Considering Zoning Variance: Steve Baluh commented that applicant cannot create a non-conformity with regard to the building on the McClosky property.
6. The entrance onto Route 611 from Lot 17 should be wide enough to accommodate trucks/commercial traffic.
7. Will Comply: Submit detailed plans for improvement to Route 611. The planners commented that safety measures should be considered for south bound traffic.
8. Will Comply: A Traffic Impact Study will be prepared to address traffic flow, the design of the proposed intersection of the access road and Route 611, and the potential impact of future development of the commercial tract. Should include a wider shoulder and turning lane.
9. Will Comply: Water Resource Impact Study to be submitted.
10. Will Comply: Will submit a Narrative summary of the proposed development.
11. Request for Waivers: Letter of December 21, 2004, Urwiler & Walter, Inc.
11A. Will Comply: Section 196-403.F – Submit additional topographic information for Rte 611.
11B. Section 196-504.2.K – Layout could change. A reconfiguration would mean less irregular shaped lots. Applicant will rectify with more sewage testing. Will try to avoid using A/B systems. Planners suggested they consider 35’ driveways.
11C. Section 196-506-4.A – They will show a house on Lot 16.
11D. Section 196-512 – Curb may be necessary in conjunction with intersection improvements along Rte 611.
11E. Section 106-513 – Installation of curbing on both sides of internal street. Seeking waiver for inside of P-road. Planners should reserve the right for which waivers may or may not be granted. Also suggested they contact school district to see if buses will be driving through subdivision to determine width of cartway.
11F. Will Comply: Section 196-516.3.B.4 – minimum storm sewer pipe of 18”.
11G. Address Later: Section 196-526 – street lighting
11H. Increase Depth: Stormwater Management Basin – would like to increase depth from 36” to 42”. Township should determine if the additional depth of the facility is satisfactory, or whether the basin should be redesigned.
12. Will Address: A shared driveway is proposed to serve lane Lots 5 and 6. The Planners questioned the design of the shared driveway.
13. Will Comply: Buffer yard plantings to be specified on the plan
14. Will Revise: Stormwater Management Calculations are incomplete.
15. Will Comply: Awaiting approval from the Bucks County Conservation District. Will obtain a NPDES permit from PADEP.
16. Will Comply: Submit Sewage Facilities Planning Modules.
17. Will Comply: Propose drainage easements for onsite watercourses.
18. Will Contact: Submit verification that McClosky’s will accept ownership of 0.365 acre tract. Too small to be used for a parking lot for the recreation area.
19. Will Comply: Install property out boundary monumentation.
20. Will Comply: Propose street names – requires approval of Township and servicing postmaster.
21. Will Comply: Offer ultimate right-of-way of Tabor Road and proposed street for dedication to Township.
22. Will Comply: Execute Development/Financial Security Agreement with applicant and Township.
23. Due to the extent of comments above which may require modification to the lot, street, and stormwater management design, a comprehensive review of engineering/drafting details and plan requirements has not been completed. Additional comments will be generated upon review of plans revised in accordance with the above and with Section 196-403 of the Subdivision Ordinance.
R. Balbirer suggested a disclosure statement be added to the plan with regard to the times that activities start in the recreation areas owned by the Township.
-Jim Diamond, a resident of Tabor Road, voiced his concerns about the proposed plan for this property. Two unnamed tributaries carry water into Rapp Creek. Are they large enough to carry excess water created by these seventeen homes? The two bridges on Tabor Road cannot accommodate waters that are currently generated. Larger bridges may have to be constructed. He is also concerned about pollution that may occur from sprays, cars, etc. A landfill on the far corner of his property has been reported to FEMA, PEMA and the DEP and excess water may contribute to further erosion. He does not want his property to be jeopardized by the excess water coming from those tributaries and the possible pollution from the landfill. Mr. Diamond cautions that children may want to explore high waters which can be very turbulent. S. Baluh commented that it will take several months to do a water study or additional soil status. Information will be gathered from the EAC and the Park & Rec Board and will be transmitted to the applicant. If the Planning Commission or the applicant wants to come back and discuss issues that may arise, let the Township know and it can be revisited. There are still a lot of details to be worked out.

Curtis & Lynne DeAngelis
Traugers Crossing Road – TMP #30-4-47-4
2-Lot Subdivision
BCPC Review Letter – January 14, 2005
Wynn Review Letter – January 20, 2005

Evan Pellegrino represented the applicant for this two-lot subdivision on Traugers Crossing Road.
The Planning Commission reviewed the Wynn Associates letter of January 20, 2005.
1. Will Comply: Approximately two-thirds of Lot 2 is proposed as a “landowner deed restricted area”.
2. Will Comply: Applicant will contribute fee in-lieu-of for recreation land.
3. Will Comply: Applicant will contribute fee in lieu-of for road improvements.
6. Satisfactory: Stormwater Management Report submitted with the plan appears satisfactory.
7. Received: Letter of Adequacy was received on January 13, 2005 from BCCD.
8. Will Comply: Property monumentation will be installed.
9. Seeking Waiver: Well for Lot 2 must be installed.
10. Will Comply: Steve Baluh has received the Sewage Facilities Planning Modules. They can be signed tonight, if the plan is approved.
11. Will Comply: Area within the ultimate right-of-way of Traugers Crossing Road is offered for dedication to the Township as an easement in accordance with Note #6 on the plan.
12. Will Comply: Execute Development/Financial Security Agreement.
16. Will Comply: Locate driveway culvert for Lot 2 further from the edge of Traugers Crossing Road.
A motion was made by R. Balbirer, seconded by B. Sadow, to recommend for approval to the Board Of Supervisors the Curtis & Lynne DeAngelis Minor Subdivision, TMP#30-4-47-4, File #41137 as presented, dated January 11, 2005, with the conditions that documentation is received in writing and that the test well on Lot #2 is satisfactory. The motion carried 6-0-0.
A motion was made by R. Balbirer, seconded by M. Kulp, to authorize signing the Planning Module for the DeAngelis Minor Subdivision. The motion carried 6-0-0.
It was noted that an extension letter would be needed if the well was not being drilled at this time. Plan expires on April 4, 2005
A motion was made by R. Balbirer, seconded by M. Kulp, to accept the request for waivers on the letter of December 14, 2004 from Urwiler & Walter, Inc. In particular for: #1 – Section 196-504.2.D; #2 – Section 196-506.4.A; #3 – Section 196-512; #4 – Section 196-513 and #5 – Section 196-526. With the condition that is satisfactory regarding the drilling of the well. The motion carried 6-0-0.

LAND DEVELOPMENT: None

NEW BUSINESS: Planning Commission 2004 Annual Report of Activity –
A motion was made by R. Balbirer, seconded by B. Sadow, to forward to the Board of Supervisors the Nockamixon Township Planning Commission 2004 Annual Report of Activity as prepared by Arlene Eichlin. The motion carried 6-0-0.

Steve Maloney – Planning Modules
TMP #30-013-70
Steve Baluh commented this is Lot #1 in the Lake Warren Subdivision and that Planning Modules had been obtained previously for all the lots. Mr. Maloney added an in-law suite to his house and the DEP required a larger planning module, a Component 4. Steve recommended that the Planning Commission sign the module. A motion was made by R. Balbirer, seconded by B. Sadow, to accept and forward to the Supervisors the Component 4 Planning Module for Steve Maloney, TMP#30-013-70. The motion carried 6-0-0.

OLD BUSINESS:
B. Sadow asked S. Baluh the status of the left-hand turn lane at the High School. Steve commented that the school is working on their PennDOT permit. B. Sadow explained that this has been ongoing for almost three years. Their condition to permit was the left-hand turn lane and they were granted a temporary C&O. B. Sadow recommended that the Planning Commission have the Board of Supervisors request that the Solicitor’s office send a letter to advise their current status and also to revoke their C&O. M. Kulp also requested a formal written response not verbal. B. Sadow commented the school has 60 days to respond with a plan and a start and completion date. B. Sadow entertained this as his motion, seconded by M. Kulp. The motion carried 6-0-0.

Evan Pellegrino presented the Planners with an artists’ rendition of the Wehrung’s building to be constructed on the former Candlewic site.

R. Balbirer suggested that the Planning Commission send a letter of appreciation to the Road Department for the job well done during the snow storms.

PUBLIC COMMENT: There was no public comment.

CORRESPONDENCE:
A. Mease Engineering – Harold Sub. Extension Letter – January 5, 2005
The planning Commission acknowledged receipt of the Harold Subdivision extension letter.

B. Ottsville Fire Co. Memo – Traffic Lights – January 5, 2005
The Fire Department is requesting that a Priority Control System be installed on all traffic lights in the Township for the primary reason of assisting emergency vehicles. A secondary reason is to assist Township trucks as they are plowing roads. PennDOT approval will be necessary to install on the signal lights. The cost for the transmitters is $1,000. No cost was available for the transponders. A motion was made by R. Balbirer, seconded by M. Kulp, to forward to the Board of Supervisors. The Planners recommend installation of the pre-emptive lights as described in the January 5, 2005 communication from Ottsville Fire Company on all existing as well as future traffic lights. The motion carried 6-0-0.
R. Balbirer questioned the status of the delayed light at the intersection of Church Hill, Center Hill and Route 611. S. Baluh commented that approval was received from PennDOT for the Split Phasing. He is seeking prices and will forward the information to the Board for their approval. Regarding the light at the 412/563 intersection, the property owner has been sent a letter to attend the February Board of Supervisors Meeting to discuss this.

C. Wynn Subdivision/Land Development Plan Status – January 21, 2005

R. Balbirer had requested a definition of ‘change of use’ from Steve Baluh at the last meeting. Steve spoke with P. Bent about this concern. There is a section in the Ordinance that required Peter not to issue an occupancy permit for a non-residential use unless they obtained a land development. In May 2004 Ordinance #115 was passed changing the language that took out that requirement for non-residential occupancy permits that have land development approval. If there is no site change component then an occupancy permit could be issued for a Commercial Use to move in. R. Balbirer commented that going from private ownership to a rental is a ‘change of use’. It would be considered a land development only if the property has been subdivided or a house was divided into multi-family units. The directive was changed as to what Peter can and cannot issue for Commercial Use only.

A motion was made by B. Sadow, seconded by P. Hamilton, to adjourn the Planning Commission meeting at 9:55 PM. The motion carried 6-0-0.

Respectfully submitted,

Arlene Eichlin
Recording Secretary

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