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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

June 7, 2005

ROLL CALL:

Members Present: Attendees:

Phyllis Hamilton , Chair
Mark Kulp
Anne Lyons
Carl Bahnck
David Haubert

Supervisors:

H. Gawronski
B. Keyser

Members Absent:

Bill Sadow, Vice-Chair:
Robert Balbirer

Township Engineer: Steven Baluh

 

OPEN MEETING:

Chair Phyllis Hamilton opened the June 7, 2005 Planning Commission Meeting with a salute to the flag at 7:30 PM .

 

APPROVAL OF MINUTES:

A motion was made by A. Lyons, seconded by C. Bahnck, to approve the minutes of the May 3, 2005 meeting as presented. The motion carried 4-0-1 with M. Kulp abstaining.

 

SUBDIVISIONS: Falco Subdivision

TMP# 30-13-171

Residential Zoning

B.C.C.D. – Letter of Adequacy May 18, 2005

Wynn Review Letter of May 12, 2005 ( Bridgeton Twp.)

Wynn Review Letter of May 27, 2005

Evan Pellegrino from Urwiler & Walter gave background on the Falco Subdivision to the Planners. Also present was Bill Falco, Tom Heeney, attorney for the applicant and Mike Brown, owner of the property. Most of the parcel is in Bridgeton Township , Beaver Run runs through the property. There is an existing house and driveway which is over 12’ wide. There is a 50’ easement most of which is in Bridgeton Twp.

 

The Planners reviewed the Wynn Associates letter of May 27, 2005.

1. Request Waiver: Will be writing a more in-depth wetlands report. An Army Corp Jurisdictional Determination (ACEJD) is not required by Bridgeton and they are a seeking waiver from Nockamixon . No buildings are proposed for these wetlands. Planners will waive the (ACEJD), but not the wetlands report.

2. Request Waiver: No street improvements are proposed, but will dedicate ultimate right-of-way to Nockamixon . The applicant requested that the fee in-lieu-of be waived. Township did not want to set precedent by waiving fees. Since there is only one new lot, fee would be $3,000.00 and the applicant agreed to pay.

3. Will Comply: Property monumentation installed prior to plan recordation and certified.

4. See #2. No street improvements proposed.

5. Will Comply: Met with Bridgeton . Reviewed Wynn Associates letter of May 12, 2005 and are working to satisfy that letter.

6. Will Comply: Will remove Nockamixon engineer signature line from plan.

7. Will Comply: Offer the ultimate right-of-way of Lake Warren Road to the Township.

8. See #4 and #2. Development/Financial Security Agreement will be executed for the shared driveway access. If driveway is completed before plan is recorded, then no financial agreement is necessary.

A motion was made by C. Bahnck, seconded by M. Kulp, to recommend that the BOS approve the Falco Subdivision with the following conditions: The Planners will waive the Jurisdictional Determination of the Army Corps of Engineers; determined by Steve Baluh that this is a one-lot subdivision, therefore the fee in-lieu-of will be in the amount of $3,000. Applicant agrees to meet all other conditions. The motion carried 5-0-0.

A motion was made by M. Kulp, seconded by A. Lyons, to approve the request for waiver on behalf of the Falco Subdivision on Lake Warren Road, TMP# 30-2-13, 21, 31, and 30-13-171 with regard to the following: Section 191-411 – Environmental & Cultural Impact Assessment Report; 196-506.4.B – cartway widening; 196-511.2 – shared driveway to be paved only to the limits of the development; 196-512 – curbs; 196-513 – sidewalks, pedestrian path and bikeway. The motion carried 5-0-0.

 

LAND DEVELOPMENT: Brill Land Development

TMP# 30-15-1 – Tabor Road

Commercial Zoning

Wynn Review Letter of June 1, 2005

Evan Pellegrino, engineer, for the applicant presented the land development to the Planners. The applicant, David Brill, attended the meeting. This is a three-lot subdivision located near the intersection of Rte 611 and Tabor Road . They are proposing three contractor service buildings (G-4) to be used as a storage area for landscaping equipment with a separate parking lot for each. All lots will be accessed from Tabor Road. Steve Baluh commented that since they are not prepared to discuss detail, he will touch on the larger issues.

The Planners reviewed the Wynn Associates letter of June 1, 2005.

1. Cannot Verify: The actual scale of the plans needs to be revised.

2. Hearing Application: The proposed use for each lot is Contractor Services (G-4). This is a conditional use within the Commercial District. A separate conditional use application will have to be submitted to the Township.

3. In Process: The applicant will submit a Wetland Delineation Report for review. An Army Corps of Eng. Jurisdictional Determination will be required.

4. Additional Testing: The new Township Ordinance requires two perk tests per lot.

Three of the four sites will not pass the B.C. Department of Health due to the close proximity to the creek. A proposed holding tank or the possibility of one as a back-up is shown on the plan, but the ordinance requires that if an on-lot sewage system is possible, a holding tank is not permitted. If six perk sites are not possible, three lots may not be feasible. Additional testing will determine how many lots will be available. The Commercial District allows more than one building per lot/parcel.

5. Hearing to determine: Parking requirements will be discussed at the Conditional Use hearing. Parking for contractor services is based on the number of employees.

6. Will Comply: Turning movement information to be submitted to verify adequacy of loading facilities.

7. More consideration: Buffer yard required along Tabor Road due to the Residential buildings that are opposite the property. The applicant questioned if the property was a business. Zoning Officer will check into the use of the property in question.

8. Will Comply: In-lieu-of standard road improvements, due to prior road widening. It is suggested the road be widened from the District Court entrance to their main entrance and shown on the plan.

9. Evan Pellegrino commented that the lot configuration may change.

10. Will Comply: An easement will be needed if site remains three lots to allow movement within the three different parcels. E. Yeske questioned the additional traffic that will be on the roadway and the need for a traffic analysis

11. Will Comply: Stormwater management will be addressed.

12. Will Comply: Approval must be received from the Bucks County Conservation Dist.

13. Will Comply: If anticipated water usage is above 1,000 GPD, a Water Resource Impact Study must be prepared. All new wells are to be drilled prior to plan approval.

14. Will Comply: Property monumentation installed prior to recording of the plan.

15. In Progress: Parking area lighting to be mounted at a height of 15’ and shine away from Tabor Road . Wall mounted lights proposed at the rear of each building.

16. In Progress: Comments will be forthcoming from the EAC. P-Hydro will also review.

17. Will Comply: Dedicate ultimate right-of-way of Tabor Road to the Township.

18. Will Comply: Execute a Development/Financial Security Agreement with the Township.

19. Will Comply: Additional comments will be generated upon receipt of revised plan and supplemental information.

Steve Baluh commented that the main concern is the conditional use approval required and perks for on-lot sewage.

NEW BUSINESS: There was no new business

 

OLD BUSINESS:Kintner Ridge/Amended Record Plan Lot #7

TMP# 30-8-25-2

Residential/Agricultural Zoning

Wynn Letter of May 24, 2005

R. Sgamburelli Letter of June 1, 2005

Wynn Review Letter of June 2, 2005

William Benner, Attorney for the applicant, explained that Mr. Beres is requesting to revise configuration of the stormwater management basin easement for Lot #7 in the Kintner Ridge Subdivision Plan. This is in compliance with the Township Ordinance. He is requesting that the easement area line be moved so it closely corresponds to the basin. The driveway turn-around area will be increased to allow more maneuverability. S. Baluh explained that he had no concern with the proposed changes to the easement line. The plan provided shows 4:1 grading and an easement line which he would have accepted on the original plan. Lines could be moved in any direction with no impact on the actual area of the basin. T. Stone commented about the following concerns for Ealer Hill Road : stormwater runoff, the impact of the Kintner Ridge Subdivision, and the proposed changes for Lot #7. Mr. Benner replied that the proposed changes will in no way impact any prior agreements between the builder and the Township. A. Lyons commented about correspondence received noting concerns from the owner of Lot #8. Mr. Benner commented that an agreement has been reached between Mr. Beres and the homeowner. C. Bahnck had questions concerning the movement of the basin easement line. S. Baluh pointed out the current line on the plan and explained its new location. The discussion continued with the Planners noting that the basin and the current easement would have been approved by Steve Baluh when the plan was originally submitted. The Solicitor has been made aware of these issues and will advise the Supervisors of any legal concerns. A motion was made by M. Kulp, seconded by C. Bahnck, to recommend that the Planning Commission approve the review letter of C. Robert Wynn Associates dated May 24, 2005 for the Kintner Ridge Subdivision, Lot #7 detention basin easement line change. The motion carried 4-1-0 , with A. Lyons voting nay.

 

SKETCH PLAN: There were no new sketch plans.

 

PUBLIC COMMENT:

A resident commented concerning the Board of Supervisors Special Meeting with regard to the approval of the boundary changes to the Village Center District of Revere. When will it be presented to the Planners? S. Baluh commented that the Board, at their meeting, authorized the Solicitor to prepare an ordinance to make the change. All property owners will be notified.

A. Lyons wanted to know if a moratorium can be placed on building the Revere VC district after it’s completed. Steve noted he believed it was not possible.

CORRESPONDENCE:

A. LWP/Tabor Road – 180-day extension Letter (7 Lot ) – May 5, 2005

B. B.C.P.C. – Gas and Oil Lease Zoning Amendment Review – May 4, 2005

C. D.C.N.R. – Resource Mgmt. Plan for Nock. State Park – May 25, 2005

D. DeAngelis – Extension Letter – 150 days – June 3, 2005

E. Harold Subdivision – Extension Letter to July 30, 2005 – May 5, 2005

F. Wynn/Sub and Land Development Plan Status Plan Status – June 2, 2005

 

ADJOURNMENT:

A motion was made by A. Lyons, seconded by C. Bahnck, to adjourn the Planning Commission meeting at 9:00 PM . The motion carried 5-0-0.

 

Respectfully submitted,

 

Arlene Eichlin

Recording Secretary

 

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