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NOCKAMIXON TOWNSHIP PLANNING COMMISSION
MINUTES
October 3, 2006
ROLL CALL:
Members Present: Attendees:
Bill Sadow, Chair Supervisors
David Haubert, Vice-Chair B. Keyser
Albert Santopietro N. Janyszeski
Mark Kulp
Robert Balbirer Township Engineer:
Thomas Keebler S. Baluh
Members Absent:
Carl Bahnck
OPEN MEETING:
Chair B. Sadow opened the October 3, 2006 Planning Commission with a salute to the flag at 7:35 PM.
APPROVAL OF MINUTES:
A motion was made by R. Balbirer, seconded by A. Santopietro, to approve the minutes of the September 5, 2006 minutes as presented. The motion carried 5-0-1, with T. Keebler abstaining. He did not attend the meeting.
SUBDIVISIONS: D. Gross/Beaver Run Major Sub. Revised Preliminary
TMP# 30-11-168
NPDES Application; Planning Module; Wynn Review 9/27/06
Zoning - Residential
D. Hendricks the surveyor for the project reviewed the Wynn letter of September 27, 2006 with the Planners. The applicant, D. Gross, was unable to attend.
#2 Will Comply: Agrees to pay $3,000.00 per new lot in-lieu-of recreation land.
#3 Completed: A.C. of Engineers site visit determined that there were no wetlands.
The Army Corp does not consider originally delineated wetlands as wetlands and the plans have been changed. No letters are being issued from them at this time.
#6 Submitted: Revised plans, with minor engineering changes, were forwarded to the EAC and Environmental Consultant for review.
#7 Will Comply: If waivers are granted, applicant will pay fee in-lieu-of $3,000.00 per new building lot.
#8 Completed: Legal descriptions have been forwarded to the Township for the ultimate right-of-way of Beaver Run Road offered for dedication to the Township.
#11 Will Comply: Minor changes have been made to the Stormwater Management design and S. Baluh noted that they are acceptable.
#12 Will Comply: Applicant will submit paperwork to B.C. Conservation District upon preliminary approval by the Township.
#13 Will Comply: Will obtain permits for wells from Township and B.C. Department of Health prior to final approval.
#15 Received: Sewage Facilities Planning Modules were received from the B.C. Department of Health and are ready for signature if the Planning Commission recommends the plan for approval.
#17 Received: A legal description for the easement has been received and the Township Solicitor will prepare the necessary paperwork.
#18 Completed: The certificate has been received for the property monumentation.
#20 Will Submit: Security Agreement will be completed at final plan submission.
S. Baluh would be comfortable with preliminary approval from the Planners. The B.C. Conservation District approval letter has not been received.
A motion was made by R. Balbirer, seconded by T. Keebler, to grant preliminary approval for the D. Gross/Beaver Run Major Subdivision based on the resolution of all issues in the Wynn Assoc letter of September 27, 2006.
The motion carried 6-0-0.
A motion was made by R. Balbirer, seconded by T. Keebler, to grant the following waviers for the D. Gross/Beaver Run Major Subdivision: Sections 196-506, cartway widening; 196-512, curbs; 196-513, sidewalks; 196-516, stormwater management calculations for Lot #1; and 196-525, relief from open space or recreation land in return for fee in-lieu-of agreement. The motion carried 6-0-0.
A motion was made by R. Balbirer, seconded by A. Santopietro, to authorize B. Sadow to sign the planning modules for the D. Gross/Beaver Run Major Subdivision. The motion carried 6-0-0.
E. McArdle Major Subdivision – Revised Preliminary
TMP# 30-11-33
Planning Module; Wynn Review of 9/27/06
Zoning – Residential
D. Litzenberger, engineer for the project, and the applicant, E. McArdle, were in attendance. This is a 5-lot major subdivision consisting of 28.5 acres.
D. Litzenberger and E. McArdle reviewed the Wynn Assoc letter of September 27, 2006 with the Planners.
#3 Will Comply: No recreation land is proposed due to the small size (3 acres). The Park & Rec Board will review at their next meeting and advise of their decision.
#4 Will Comply: No response has been received from P-Hydro or the EAC. The EAC is waiting for comments from the applicant.
#5 Completed: NOVA Consultants have responded and wetlands were delineated behind Lot #1; Waters of the U.S. were identified near Lot #5. The applicant is awaiting a response from the A. C. of Engineers (ACOE). S. Baluh commented that the Township can opt to accept the P-Hydro letter in-lieu-of the ACOE. B. Sadow commented that this is an ACOE jurisdiction, using another consultant may create a problem. Steve noted that the ACOE just validates the report. This is a grey area and the Township has tried to clarify by obtaining their Jurisdictional Determination.
#6 Configuration: Lane lots are proposed and all lots have been deed restricted from further subdivision.
#7A & B Received: Easement documents are needed to specify maintenance responsibilities of the shared driveway. Clarify 18’ shared driveway entrance.
#8 Waivers: A letter has been received requesting waivers. Applicant will improve several maintenance items including erosion to the road side swale, the installation of driveway pipes. If road improvements are waived, a fee in-lieu-of $3,000.00 per new building lot will be paid to the Township.
#10A thru F Will Comply: The applicant will curb the water from running across the street and it will be directed down Frogtown Road. An easement will be required for the basin, which will be privately owned. The basin will be deeper than three feet (4.27 feet proposed). It was the consensus of the planners that a fence be installed around the basin.
#11 Submitted: Awaiting approval letter from the B.C. Conservation District.
#12 Will Comply: Wells will be drilled and tested after permits have been obtained from the Township and B.C. Health Department.
#13 Completed: S. Baluh has Sewage Facilities Planning Modules received from B.C. Health Department for signature, after preliminary approval, by the Planners. The existing system on Lot #4 is satisfactory.
#14 Will Comply: Monumentation will be installed.
#15 Will Comply: Area within the ultimate right-of-way of Frogtown Road is offered for dedication to the Township per General Note #8 on the record plan. Legal descriptions have been submitted for review.
#16 Will Comply: Security Agreement will be executed.
#17A thru E: Engineering/Drafting items to be addressed on the plan.
There are several outstanding items for this plan including the wetland report review by P-Hydro, outstanding EAC comments (November 2005), a fence surrounding the basin, the planning modules that are here for signature and the B.C. Conservation District review letter. S. Baluh recommended that the Planners sign the Planning Modules and forward to the Board. D. Litzenberger commented that the applicant is seeking preliminary approval, based on the condition that outstanding issues are addressed as noted in the Wynn Letter. Regarding the EAC comments, they were addressed by changes that were made to the plan. S. Baluh commented that if the Board finds any substantial problems in the EAC review, the plan would be sent back to the Planners. A motion was made by M. Kulp, seconded by T. Keebler, to approve the preliminary Subdivision Plan of Frogtown Road for E. McArdle, TMP# 30-11-33 subject to the Wynn Assoc letter of September 27, 2006; receipt of the review letter from the B.C. Conservation District; Item #10D, recommendation that the proposed detention pond basin on Lot #3 should be fenced and that the applicant not submit this plan to The Board until all outstanding issues have been addressed. The motion carried 6-0-0
A motion was made by M. Kulp, seconded by A. Santopietro, to authorize the Planning Commission Chair to sign the Sewage Facilities Planning Modules for the E. McArdle Subdivision. The motion carried 6-0-0.
A motion was made by M. Kulp, seconded by A. Santopietro, to grant the waiver request list for the E. McArdle Subdivision: Section 196-506 – cartway widening; 196-513 – sidewalks; 196-512 – curbs. The motion carried 6-0-0.
LAND DEVELOPMENT: Wehrung Group Plan of L/D (Phase I)
TMP# 30-10-35-1 – Easton Road
NPDES Application; PennDOT HOP review
Wynn Review Letter of 9/26/06
Zoning Commercial
P. Dietz, Engineer for the project, and the applicant, V. Wehrung, were in attendance as well as D. Slifer and C. Reiman of Wehrung’s. V. Wehrung is proposing an 8,000 sq.ft. design center on the old Candlewyck property. The applicant has been experiencing delays with PennDOT and for other improvements at this site. This is Phase I only, and includes the addition of a proposed mill shop to the existing building which operates ‘Specialty Woods’.
P. Dietz and the Planners reviewed the Wynn letter of September 26, 2006.
#2 Will Comply: Waivers requested for the limited improvements proposed specifically for Phase I have been previously submitted. Additional Land Development items will be covered and completed when Phase II is submitted.
#3 Will Comply: Hours of operation and number of employees has been submitted.
#4 Will Comply: A breakdown of sewage flows from the expanded facility were provided to the Township. A water meter has been installed at the site and records will be provided to the Township. The amount of water for this facility will not exceed 105 gal/day.
#5 Will Comply: Site to be served by an existing well which may not provide adequate fire protection. The applicant does not believe that fire suppression equipment will be required. The Planners recommended firewalls.
#6 Will Comply: E. Pelligrino will contact S. Baluh to discuss any issues that the Township may have.
#7 Pending: An application has been submitted to the B.C. Conservation District for an NPDES permit for Phase I. It will be issued/modified or reissued for Phase II.
#8 Will Propose: The plan includes low-key lighting.
#9 Will Comply: Development/Financial Security agreement will be executed.
#10 Will Comply: EAC comments have been received by the applicant.
#11 Comment: The approval of this plan is for Phase I only and should specify that separate land development approval is required prior to Phase II construction.
P. Dietz reviewed the September 10, 2006 EAC review letter. He noted that items on page two of their letter deals with Phase II of the project including the wetland basin and the underground detention facility. Calculations have been received for the existing on-lot sewage facility. PennDOT issues will be addressed during Phase II. P. Dietz commented that the applicant would agree not to submit plans to The Board until B.C. Conservation District approval has been received and other issues resolved. A motion was made by M. Kulp, seconded by A. Santopietro, to grant preliminary/final approval to the Wehrung Group L/D, TMP# 30-10-35-1 subject to the Wynn Assoc review letter of September 26, 2006 with the agreement that the applicant will not submit plans to The Board of Supervisors without the completion of the B.C. Conservation District review and the NPDES Permit.
The motion carried 6-0-0. The waivers will be deferred to Phase II.
NEW BUSINESS: Proposed Lighting Ordinance
S. Tenney commented that the State of Pennsylvania has comprised several different ordinances and the one presented to the Planners for their review has been adopted by other local municipalities. S. Baluh noted that the items that are addressed in this ordinance are standard and would be applied to new construction and new commercial development only. A decision will have to be made as to how to apply to existing residential/businesses and renovations. The Zoning Officer would be responsible for enforcing this ordinance. The Planners discussed street lighting issues and agreed that there should be some control of light pollution especially on Community highways. They noted concerns regarding the use of Illuminating Engineering Society of North America (IESNA) ‘full cutoff’ criteria which limits the amount of light output emitted. The planners tabled the ordinance until the November Planning Commission Meeting. S. Baluh will review and provide comments. The Planners will compile their comments and send them to the office for forwarding to the EAC.
Request to be on the Agenda
EAC – Proposed Groundwater Ordinance
S. Donovan brought the Planners up to date on the forum that was held at Palisades High School. S. Baluh commented that there are policy issues that have to be decided before the final version of the proposed Groundwater Ordinance can be compiled and does not believe it is an ordinance that will change zoning district lot sizes by itself. The best way to approach is that it will be used as a site capacity calculation tool. Examples in the report show Single Family Dwelling average water usage and the lot size it may relate to. It is not written for a SFD, it will be for more generic water use. S. Donovan commented that there are two different risk factors that need to be addressed: the number of drought years and percentage of water which recharges the aquifer (stress). He explained the type of frequency base flows that are in the Township. He suggested that the Township update the procedure for well testing and recording, and streamline reports by making the well testing uniform and easier to interpret. S. Baluh commented that the County and the Solicitor all need to review prior to a final for adoption. It was the consensus of the Planners to project the following baseline recommendation to the Board of Supervisors: frequency of drought, 50 years; frequency of water recharge, 30%.
Change November 7, 2006 meeting date
It was the consensus of the Planners to change the November meeting date to November 8, 2006. B. Sadow directed the Secretary to advertise the date change.
BUSINESS: There was no old business.
SKETCH PLAN: Harrow Station/Glenn Neebe – Land Development
Wynn Review letter of 9/27/06
The applicant, G. Neebe, presented the sketch plan and reviewed the Wynn letter of September 27, 2006 with S. Baluh and the Planners. The proposed development consists of six multiplex buildings containing six units each for a total of 36 dwelling units. The 11.77 acre tract is located behind Przyuski’s Restaurant in the Commercial District and will house residents age 55 and older. An agreement was made at the time of purchase to use the pre-existing driveway as an entrance and exit. R. Balbirer questioned if it would be possible to re-direct traffic from Tower Road due to the amount of traffic on SR412. G. Neebe commented that had been discussed, but he wants to use the least amount of impervious surface and lighting as possible. An increase to this type of surface may affect the stormwater runoff. Sewage will be processed through the existing plant on site, which can handle 15M Gal/Day. His permit is for 4M Gal/Day. He estimates the total use when Harrow Station is complete would be 3M Gal/Day, 6M Gal/Day including the six units. A Homeowner’s Association is being considered to provide/enact rules and regulations. A minimum 26’ turnaround and roadway was suggested in the complex. A monthly fee might be considered for fire and ambulance services. The applicant wanted to advise the Township of the proposed plan and requested input from the Planners. The Planners noted that this is something that has been discussed and needed in the Township. There are many outstanding issues, which have to be taken into consideration for this land development. G. Neebe will revise his plan to include the suggestions that were discussed.
PUBLIC COMMENT: There was no public comment.
CORRESPONDENCE:
A. Clemons Memo – Revere Chemical (Park) Site – 9/14/06
B. DeAngelis Sub Grants an extension to December 31, 2006 – 9/15/06
C. Glazier/Prime Properties – Correspondence from Bowen – 8/29/06
D. EAC – Wehrung L/D review leter – 9/10/06
E. Revere Superfund Site – e-mail/Dulsky – 9/18/06
F. Clemons Correspondence – Proposed Sketch Plan 9/26/06
G. Glazier/Prime Properties – Waiver letter – 9/12/06
H. OSC – minutes 8/28/06
I. Wynn Sub/Land Development Plan Status 9/28/06
S. Baluh commented that extensions were received from DeAngelis and Sal Lapio (Harrow Manor). With regard to the Rakowsky Land Development, after accepting the last extension, the BOS sent a letter to the applicant advising that no extensions would be acknowledged if no progress had occurred on the plan. A. Eichlin called the engineer and he had heard nothing from the applicant. Steve recommends denial of the plan. A motion was made by A. Santopietro, seconded by M Kulp, to recommend that, due to lack of progress, the Board of Supervisors deny the T. Rakowsky Land Development. The motion carried 6-0-0.
ADJOURNMENT:
A motion was made by A. Santopietro, seconded by M. Kulp, to adjourn the Planning Commission meeting at 10:10 PM. The motion carried 6-0-0.
Respectfully submitted,
Arlene Eichlin,
Township Secretary
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