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Nockamixon Township Planning Commission Minutes
Members Present: Bill Sadow, Vice-Chair Attendees: Supervisors Members Absent:
OPEN MEETING: Vice Chair Bill Sadow opened the November 1, 2005 Planning Commission Meeting with a salute to the flag at 7:35 PM .
APPROVAL OF MINUTES: A motion was made by R. Balbirer, seconded by A. Lyons, to accept the October 4, 2005 Planning Commission minutes as presented. The motion carried 4-0-1, with C. Bahnck abstaining; he was not present for the meeting.
A motion was made by R. Balbirer, seconded by A. Lyons, to accept the October 19, 2005 Planning Commission Comprehensive Plan Public Hearing minutes as presented. The motion carried 4-0-1, with D. Haubert abstaining; he was not present for the meeting.
ANNUAL PERMIT: Hanson Aggregates, BMC Extraction Permit Renewal Wynn Review Letter of August 9 and September 20, 2005 Wynn Well Complaint Letter – 10/19/05 & 10/7/05 David Hill, Environmental Mgr for Hanson Aggregates BMC was in attendance. S. Baluh commented that a site inspection had been done on September 17, 2005 and a follow-up letter has been issued. D. Hill and the Planners reviewed the Wynn Associates letter of August 9, 2005. The following was addressed: 4 Blast Form: There were issues with this form. D. Hill met with the Plant Manager and Quarry Personnel, all information has now been entered. Form is now complete. The following comments were addressed: 7 Inspection: Completed on September 17, 2005 . 8 Well Replacement: There is documentation with regard to the Kehr well replacement. Permits were obtained from B.C. Dept. of Health and the Township. The Planners voiced concerns with regard to the wells that have gone dry. D. Hill discussed the wells that have been replaced. R. Stanfield requested an Environmental Impact Statement from the Quarry and commented that a hydrologic study has been prepared. D. Hill requested a copy of the hydrologic study. E. McHale commented about the problems her son has experienced with his well. R. Balbirer questioned the remedies that are available for well problems. S. Baluh commented that complaints are forwarded to the State who then makes the final determination. S. Donovan voiced his concerns with regard to the grey water that was in Rapp Creek and requested a 24/7 monitor of this area. J. Peterson added that the sedimentation ponds were full. D. Hill commented that upgrades are planned for the quarry which will include relocation of the sumps with upgrades, changes to the sediment basins and installation of an additional basin/processing pond for water. R. Stanfield asked when the quarry does their pumping from the sump. Bob Mehlani commented this is done during the day, beginning at 7:00 AM , when the water table fills up in the lower level. They will revisit the water monitoring issue when the sumps are in place before the end of the year (November). It was noted that the Zoning Officer should set up inspections at the quarry. S. Baluh noted that a copy of the updated State Mining Permit will be sent to the Township Engineer. 5. Traffic Light: Better Materials Corp. has escrowed $40,000 for the installation of a traffic light at Quarry Rd/SR611. Please clarify. This will be revisited when Harrow Station and Wehrung’s are occupied. It is not warranted at this time. According to the 9/20/05 letter J. Peterson noted that Hanson agreed to test the sedimentation basin by an independent laboratory on a monthly basis. D. Hill commented that there was a communication error with the lab in September and one month had not been tested, this has been corrected. A motion was made by R. Balbirer, seconded by A. Lyons, to recommend that the Board of Supervisors grant the Hanson Aggregates BMC extraction permit renewal with the following conditions: receipt of the appropriate licenses, insurance certificates, permits and other legal paperwork; a review of the sediment in the basins; a statement with the impact on the affected neighboring wells in their influence area; a report to the Township and Engineer when the basin work transformation is completed and follow-up; working with the Township officials with respect to the hydro study; Clarify Comment #5 in S. Baluh’s review letter of August 9, 2005 regarding Township to pay one-half the cost of the traffic light at Quarry/SR611. The motion carried 5-0-0. B. Keyser asked for clarification of the amount of water that is pumped from the basin. D. Hill will obtain that information for the Board of Supervisors. H. Roth, if the quarry would expand out rather than deeper would that have less of an affect on the water table. The Township should consider this issue. This is a zoning issue.
SUBDIVISIONS:Hansen, James & Anniek – Lot Line Change, Revised Durham Rd & Park Drive East TMP# 30-11-39 & 40 Waiver Request of 9/30/05 , Legal description 10/07/05 Wynn Review letter of 10/24/05 James and Anniek Hansen attended the meeting. James Hansen and the Planners reviewed the Wynn Assoc. letter of October 24, 2005. 3. Will Comply: Dan Hendricks will be submitting a modified Storm water management Plan. The applicant will comply with the issues still outstanding in this review letter. S. Baluh had no objections to move the plan forward. They have to get verification of a B.C.C.D. permit. A motion was made by R. Balbirer, seconded by C. Bahnck, to recommend that the Board of Supervisors grant preliminary/final approval to the James & Anniek Hansen lot-line adjustment subdivision based on the October 24, 2005 Wynn Assoc. review letter. The applicant will comply with Item #5-A thru E on the report. The motion carried 5-0-0. A motion was made by R. Balbirer, seconded by A. Lyons, to grant a request for the following waivers: Section 196-506, cartway widening: 196-512, curbs; 196-513, sidewalks, 196-411, Environmental and Cultural Impact Assessment Report. The motion carried 5-0-0.
NEW BUSINESS:Proposed Nockamixon Comprehensive Plan 2005 update K. Kern Community Planner/Proj. Mgr B.C.P.C. B. Sadow commented that several Planners had concerns at the October 19, 2005 public meeting for the proposed Comprehensive Plan Update. K. Kern from B.C. Planning Commission was in attendance and would assist with any questions. C. Bahnck voiced concerns with non-conforming parcels that would be created by downsizing the V.C. district; no 55+ housing was included, and that survey comments should not be included in the Plan. He thanked his colleagues and residents who attended the meeting. B. Balbirer commented that he did not second due to zoning issues which included emphasis on Historical preservation; questioned the constitutionality of some of the future ordinances. He suggested that the statistical information be maintained in the survey, but remove other comments. He believes that additional time is needed to review the Plan. B. Sadow commented that the Planning Commission should reach a common ground and suggested that they send their recommendations for the Plan to the Board of Supervisors. He agreed with the removal of the comments from the survey but to maintain the statistical information. Concerns were voiced by residents with regard to the downsizing of the V.C. district which was the hardest of the reforms. It will keep the Township more rural. Several residents commented with regard to the public survey and believe it should remain in the Comprehensive Plan. It illustrates the feeling of the residents who responded. K. Kern addressed the concerns of the Planners and recommended that the survey answers remain but remove the personal attack comments, strike accordingly. Field surveys were completed by the B.C.P.C. before recommendations were made. As a result of the rezoning the following number of parcels would become non-conforming: Bucksville – 1, Revere – 0, Ferndale – 2 properties would be split-zoned and Kintnersville – 2. B. Keyser noted that the B.C.P.C. suggested that the V.C. district was too large and should be downsized. It was the consensus of the Planners to remove the survey, but have it available for public view at the office. A motion was made by A. Lyons, seconded by D. Haubert, to recommend that the Board of Supervisors adopt the updated Comprehensive Plan with consideration to the comments made including: the removal of the survey in the Appendix and to add the rezoning maps as presented by K. Kern at the November 1, 2005 meeting. The motion carried 5-0-0.
Proposed Park & Rec Ordinance S. Baluh commented that the Planners do not have to act on the Ordinance however it can be reviewed. No recommendation is needed since it has nothing to do with zoning regulations. This is a list of rules and regulations for all township owned property and would formalize the rules that are currently at the Park. The document states who has the authority to enforce the rules, and would include the State Constable. A. Balogh asked when this was presented. It was presented in 2001 by Clemons & Associates and is the recommendation of the Park & Rec Board. A motion was made by R. Balbirer, seconded by C. Bahnck, to recommend to the BOS the “Ord. of Nock Twp, Bucks County PA, establishing Rules and Regulations for the Use and Enjoyment by the Public on any Park or Recreation Area owned and operated by the Township or Charitable Organizations within the Township for use by the Public providing penalties for violations and enforcement of the regulations.” The motion carried 5-0-0.
OLD BUSINESS:Proposed Amendment to Zoning Ordinance Recovery of Subsurface Oil and Gas Deposits BCPC – Gas & Oil Lease Zoning Amendment Review – 05/04/05 S. Baluh commented that this has been before the Planners earlier this year. It proposes to bring regulation into the zoning ordinance. There are two issues; one would bring the regulations as a zoning requirement to obtain a permit and the other is regulating in what zoning district a wellhead can be located. It can be located in all with some type of restrictions. C. Bahnck commented that minimum lot size had been discussed. D. Schriml, Petroleum Landsman for Arbor Resources noted that a minimum of 12.5 acres is needed to drill. P. Bent recommended that drilling be permitted in all Districts of the Township, per State requirements, and to incorporate Chapter 146 into the Zoning Ordinance. H. Roth commented that by specializing where drilling is permitted you are taking wealth away from the rest of the community. D. Haubert suggested increasing the 600’ setbacks for drilling and production equipment. A. Balogh commented that drilling should be open to the entire Township and voiced concerns about the initial noise and disruption that will occur. A motion was made by A. Lyons, seconded by C. Bahnck, to recommend that the Board of Supervisors adopt regulations pertaining to the use of land for recovery of subsurface oil and gas with the following conditions: eliminate the uses prohibited in the zoning districts on any property subject to a conservation easement, open space conditions, limitations against further subdivision or development or any similar restrictions whether public or private. The use should be permitted in all districts as a conditional use. The motion carried 4-1-0 , with D. Haubert voting nay. A motion was made by C. Bahnck, seconded by R. Balbirer, to recommend to the Supervisors that Chapter 146 be made part of the Ordinance of the Township amending Chapter 234 of the Code of Ordinances of Nockamixon Township pertaining to the use of land for recovery of subsurface oil and gas. The motion carried 4-1-0 with D. Haubert voting nay.
SKETCH PLAN: None
PUBLIC COMMENT: There was no public comment. CORRESPONDENCE:
M. Wynn Assoc. Sub/Land Development Plan Status 09/29/05 B. Sadow commented on the EAC review for Gartner Building Group at SR611/Tabor Road . According to R. Diegel of the Bucks County Dept. of Health, the system has been tested twice and noted that this system is not in failure. The neighboring system may be in failure and running onto Gartner property. Contaminated soils have not been found on site and the Gartner Bldg Group has paperwork to confirm that issue. The EAC review was incomplete. J. Peterson will contact office with regard to paperwork. ADJOURNMENT: A motion was made by C. Bahnck, seconded by R. Balbirer, to adjourn the Planning Commission meeting at 10:45 PM . The motion carried 5-0-0.
Respectfully submitted, Arlene E. Eichlin Recording Secretary
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