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MINUTES
OF NOCKAMIXON TOWNSHIP
PLANNING COMMISSION MINUTES
April 5, 2005
| ROLL CALL: |
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Members
Present:
Phyllis Hamilton, Chair
Bill Sadow, Vice-Chair
Mark Kulp
Anne Lyons
Carl Bahnck
David Haubert |
Attendees:
Supervisors
B. Keyser
A. Santopietro |
Members
Absent:
Robert Balbirer |
Township
Engineer:
Steve Baluh |
OPEN MEETING:
Chair Phyllis Hamilton opened the April 5, 2005 Planning Commission
Meeting with a salute to the flag at 7:35 PM.
Prior to the
meeting T. Stone, President of the Gallows Run Watershed Association
(GRWA) was recognized by P. Hamilton. T. Stone commented that the
paperwork had been submitted for the Growing Greener Grant and thanked
the Planners for their support in expediting the paperwork for this
project. He invited residents to attend the April 13, 2005 meeting
at Palisades Middle School (PALMS) at 7:30 PM.
P. Hamilton commented that the McArdle subdivision is not on the
agenda. The Township has received correspondence but there would
not be any formal discussion.
APPROVAL OF
MINUTES:
A motion was made by C. Bahnck, seconded by B. Sadow, to approve
the minutes of the March 1, 2005 meeting as presented. The motion
carried 5-0-1 with A. Lyons abstaining.
CONDITIONAL
USE: Palisades School District
TMP# 30-004-071
35 Church Hill Road
Cybersonics Work Space Building (2800 sq.ft.)
Wynn Associates Review Letter of March 16, 2005
Steve Baluh and the Planners reviewed the Wynn Associates letter
of March 16, 2005.
No one was in attendance from Palisades High School. A 2,800 sq.ft.
pole building is proposed at the rear of the high school to be used
as a workspace and for training of the Cybersonics team. The School
(Use-C2) is requesting Conditional Use within the RA district.
1. A formal land development plan was not submitted with the recent
addition. They have added this building to the prior approved plan.
The hearing has been advertised for the April 21, 2005 Board of
Supervisors meeting at 7:30 PM.
2. Conditional Use approval was granted in 2002 and the expansion
is near completion. The only criteria not completed are the road
improvements. Steve commented he has no problem with the variance
previously approving the maximum impervious surface of 48%. The
school is still within those guidelines.
3. The building is within 5’ of the school. Therefore, the
building inspector and Fire Company will need to be advised of this
situation.
4. The original stormwater management design is satisfactory. There
is only a minimal increase of stormwater runoff.
5. If a loading door with truck access is proposed it can be shown
on the plan.
6. Approval should be obtained from the BCCD for the installation
of erosion and sedimentation controls.
7. Clarify if exterior lighting is proposed for the building.
B. Sadow commented that the Planners would address the Conditional
Use, but not the building permit until all road issues have been
completed. E. McHale commented about the outdoor lighting on the
school building and doesn’t believe it needs to be that bright.
S. Baluh commented that there are two issues: 1. the Planners should
give comments to the Board of Supervisors regarding the Conditional
Use application and, 2. make a recommendation on the land development
plan. A motion was made by B. Sadow, seconded by A. Lyons, to approve
for Conditional Use, based on the Wynn Letter of March 16, 2005.
The Planners agreed not to approve the building permit until the
road improvements to Rte 412 and Church Hill have been completed.
The Planners commented about the issue concerning the completion
of the roadways. A motion was made by P. Hamilton, seconded by B
Sadow, that the road must be completed before a building permit
will be considered for the Cybersonics building. The motion carried
5-1-0 with M. Kulp voting nay.
SUBDIVISIONS:
Moyer 4-Lot Subdivision – Final Plan
TMP# 30-13-130 & 30-13-130-2
40 Lake Warren Road
Transmittal Letter – Cert of Monumentation – March 22,
2005
PADEP – Letter of Exception – March 23, 2005
Wynn Associates Review Letter of February 10, 2005
The Planning Commission reviewed the Wynn Associates letter of February
14, 2005
Wayne Moyer, applicant for the subdivision was in attendance. Ed
Nycz from Mease Engineering commented that a letter has been sent
to the BCCD concerning the NPDES report however they are waiting
for a response from PADEP at this time. Steve Baluh commented that
this is a final plan submission and details had been hammered out
earlier when discussing the preliminary plan. He requested verification
of Item #7. The applicant commented that the well installation and
water testing has been completed for Lot 4. Steve Baluh has no objection
to recommending that the Board of Supervisors approve this plan.
A motion was made by C. Bahnck, seconded by A. Lyons, to accept
the final subdivision plan for Wayne Moyer.
The motion carried 6-0-0.
LAND
DEVELOPMENT: Terry Rakowsky – Preliminary Plan
TMP# 30-011-028
4018 Durham Road
Wynn Associates Review Letter of March 30, 2005
The Planners reviewed the Wynn Associates letter of March 30, 2005
Evan Pellegrino presented the preliminary land development plan
and commented that the applicant will comply with the requirements
of the Wynn Associates letter of March 30, 2005. Mr. Pellegrino
asked the Planners for their input as to any road improvements that
may be required. The two items of concern are: Item #6 which includes
road frontage improvements of cartway widening, curb and sidewalk.
A future sidewalk area will be included on the plan. Item #7: PennDOT
may require another plan for the driveway. The applicant should
provide additional information regarding proposed traffic flow within
the site and at the site exit/entrances. After a lengthy discussion,
it was the consensus of the Planners that they had no objections
to the proposed land development. Applicant will wait for recommendations
from PennDOT concerning any road improvements.
NEW
BUSINESS: Matthew Benedict
TMP# 30-11-1, 2519 Church Lane,
Clarification of Ord #120 (sewage) impact
Asplundh/Benedict Plan of Sept 24, 2005
B.C. Dept of Health – Suitable fill letter – March 9,
2005
Matthew Benedict was in attendance. Steve Baluh commented that there
was an approved lot-line change to this property in 2002. Three
fill sites had been shown for future proposed building. Since that
time the Township has passed an ordinance requiring two sewage systems
per lot, but exempting pre-existing fill sites. It will be necessary
to approach the Board of Supervisors to get a final clarification
on the Ordinance as to how it does or does not impact this plan.
A letter has been received from BC Dept of Health confirming the
suitability of these fills. It was the consensus of the Planners
that they were in agreement with the ordinance and since these fill
sites are pre-existing and subject to the sites being perked, Mr.
Benedict can move forward with his plans. If they do not perk they
will be subject to the new ordinance. A motion was made by B. Sadow,
seconded by M. Kulp that the fill sites for the Asplundh/Benedict
subdivision plan dated March 15, 2005 are still eligible and they
do not fall under the new Township Ordinance (#120). The motion
carried 6-0-0.
Vinciguerra
Sewage Facilities Planning Module
TMP #30-4-113, Ealer Hill Road
Wynn Review Letter of March 16, 2005
Urwiler & Walter Letter to B.C. Health Dept.–March 22,
2005
The Planners reviewed the Wynn Associates letter of March 16, 2005.
Evan Pellegrino, engineer, commented that an additional house has
been proposed for this existing lot and that a Sewage Facilities
Planning Module is required. Steve Baluh showed the existing house
and barn on the Kintner Ridge property and they are proposing an
in-law residence. Any property over three acres allows a separate
new building for an in-law residence. A separate planning module,
Component 2, is required since there will be two sewage systems
on one lot. There are issues to be addressed as the Planning Module
is completed. A Component 4A Planning Module is attached to this
paperwork and a motion is needed to sign. A motion was made by C.
Bahnck, seconded by A. Lyons, to sign the Vinciguerra Component
4A Planning Module. The motion carried 6-0-0.
Policy regarding
notification of property owner surrounding
Proposed subdivisions prior to review by the planners.
Steve Baluh commented that the SALDO has a requirement, depending
upon the size of the subdivision and/or land development, of how
many surrounding property owners need to be notified of the pending
plan. A clarification is needed as to when notification should take
place. If property owners have not been notified should subdivision
be placed on the agenda and should this be established as a policy
item. The consensus of the Planners was that subdivisions (preliminary
plans) will be placed on the agenda when proof of surrounding property
owner notification is presented to the Township. A motion was made
by M. Kulp, seconded by A. Lyons, to clarify the requirements required
for setting items on the Planning Commission Agenda to specifically
require that documented proof (a copy of the mail delivery slip
from the U.S. Post Office) sent out certified mail must accompany
any plan before placement on the agenda. It is required to be at
the Township Office not later than 3:00 PM the Tuesday before the
meeting. The motion carried 6-0-0.
Proposed Amendment
to Zoning Ordinance
Recovery of Subsurface Oil and Gas Deposits
Steve Baluh and the Planners discussed the proposed amendment to
the Zoning Ordinance and previous oil/gas Township Ordinances. Ordinance
#33 did not address where a well could be drilled and this proposed
ordinance revises the Zoning Ordinance making oil and gas recovery
a specific use and identifies requirements of where and when it
can be placed (certain zoning districts). C. Bahnck believes that
the proposed amendment is too restrictive by requiring only Quarry,
Limited Industrial and Industrial Zoning. P. Bent commented that
Chapter 146 is still very current, puts more restrictions on the
ordinance and suggests that the Planners review. Residents had several
concerns including, when and where drilling will commence and how
products will be removed from the area. S. Baluh commented that
this will require a Gas & Oil Drilling Use in the Ordinance.
This will create that use and be able to set some regulations. He
believes there is a merit to have a Use to define in the ordinance
and establish some Use regulations. It defines setbacks from public
buildings. The planners were concerned about this and believe that
more information is needed. It was noted that Terry Goodell from
Arbor Resources will be attending the May 3, 2005 Planning Commission
Meeting. The Planning Commission Secretary will call and request
that material be brought to address safety issues, environmental
concerns and that handouts be brought for the residents. A review
is still forthcoming from the B.C. Planning Commission.
OLD BUSINESS:
B. Sadow had been approached by builders concerning two on-lot septic
systems per lot now required by the Township. When a sand mound
will suffice on a lot why should builders install a system that
that has no history and how good is this system? S. Baluh commented
that builders currently set up lots and show on a plan where septic
systems will be placed. Now they are required to get their perks
and then subdivide accordingly. This provision of the ordinance
could be changed if the Township sees a need. The discussion continued
with regard to placement of systems on lots and that it is for newly
developed lots only. Steve Baluh commented that developers could
go through the Zoning Hearing Board by presenting a hardship and
relief could be given to someone under certain circumstances. A
plan has not been submitted under the new ordinances. The Township
can make considerations at that time should a change be necessary.
An Operation & Maintenance agreement for A/B systems would include
required inspections.
SKETCH PLAN:
There were no sketch plans.
PUBLIC COMMENT:
Robert Hansen voiced his concerns about the Hoffman Sketch Plan
and suggested that the Township consider reducing the density of
townhouses in the Village Center District. He suggested a mixture
of multi-family and single family dwellings. The Planners appreciated
his concern and encouraged that he attend the Comprehensive Planning
Meetings on the third Wednesday at 7:00 PM.
J. Souderberg, who wrote a letter to the Township, voiced his concerns
about the possible Stormwater runoff from the McArdle 5-lot subdivision
onto and under Frogtown Road and the effect on surrounding properties.
He believes that residents are being treated badly by the Township
with regard to stormwater runoff. B. Keyser commented that he knew
of no complaint submitted to the Township. The Township is now aware
there is a problem and it will be addressed.
Regarding the McArdle Subdivision, P. Blackmom commented on a proposed
sand mound being less than 50’ from the property line and
that there is a natural spring in that area. Steve Baluh will check
into her concern. P-Hydro has done the wetlands inspection of the
subdivision.
Mr. Altner commented about the Stormwater Management Ordinance.
Steve Baluh noted that a complete Stormwater Management Plan has
not been presented to the Township at this time.
CORRESPONDENCE:
A. P-Hydro – Wehrung Group Environmental Review – March
6, 2005
B. P.Hydro – Edward J. McArdle Environmental Review –
March 8, 2005
C. P-Hydro – Brian McArdle Environmental Review – March
7, 2005
D. EAC – Minutes of Meeting – February 10, 2005
E. J. Souderberg – McArdle 5-Lot Subdivision – March
19, 2005
F. Stanzione – Removal from Ag Security District – March
28, 2005
ADJOURNMENT:
A motion was made by B. Sadow, seconded by A. Lyons, to adjourn
the Planning Commission meeting at 9:50 PM. The motion carried 6-0-0.
Respectfully
submitted,
Arlene Eichlin,
Recording Secretary
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