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NOCKAMIXON TOWNSHIP PLANNING COMMISSION
MINUTES
December 6, 2006
ROLL CALL:
Members Present: Attendees:
Phyllis Hamilton, Chair Supervisors
Bill Sadow, Vice-Chair B. Keyser
Robert Balbirer
Mark Kulp
Anne Lyons
David Haubert Township Engineer
Carl Bahnck S. Baluh
OPEN MEETING:
Chair P. Hamilton opened the December 6, 2005 Planning Commission Meeting with a salute to the flag at 7:30 PM.
APPROVAL OF MINUTES:
A motion was made by R. Balbirer, seconded by A. Lyons, to accept the November 1, 2005 Planning Commission minutes as presented. The motion carried 5-0-2 with P. Hamilton and M. Kulp abstaining, they did not attend the meeting.
SUBDIVISIONS: Gross/Beaver Run Road Sub. (Three-Lot), Rev. Preliminary
Beaver Run Road – TMP# 30-11-168
Residential Zoning
Wynn Review Letter of 10/28/05
Wynn Review Letter (Stormwater) – 11/29/05
Appl to DEP for NPDES Permit – 11/18/05
The applicant, D. Gross, verbally requested to be removed from the agenda 12/06/05.
Kintner Ridge, Lot Line Change (Lots 3 & 4)
TMP# 30-4-116 & 30-4-117
Residential/Agricultural Zoning
Notification of surrounding property owners 11/23/05
Waiver letter – 11/28/05; Wynn Review letter of 11/29/05
D. Taylor representing Beres Construction was in attendance. He commented that this is an existing pre-approved plan for Kintner Ridge. They are proposing to take 18’ from Lot #4 and transfer to Lot #3 due to the odd configuration of this lot. Both lots meet the two-acre minimum requirement for building lots in the subdivision. The setbacks and building envelop will remain the same.
D. Taylor and S. Baluh reviewed the Wynn Assoc letter of November 23, 2005.
1. Record plan should clearly reference the prior subdivision plan and recordation information.
2. Township should determine acceptability of the proposed waivers based on improvements required with the originally approved subdivision plans.
3. Deed of Consolidation filed for Lot #3 at time of plan recordation to include the 18’ conveyed to this lot.
4. Clarify Note #4 that Alexander Road will be dedicated to the Township.
5. Remove signature block for Township Engineer.
S. Baluh had no concerns with the layout or information that is on the Plan.
A motion was made by A. Lyons, seconded by R. Balbirer, to approve the lot line change for Kintner Ridge Subdivision regarding TMP# 30-4-116 and 30-4-117 based on conditions listed in the Wynn Associates letter of November 29, 2005. The motion carried 7-0-0.
Sal Lapio Homes (Harrow Manor) Revised Preliminary
15 Lot Subdivision – Tabor & Easton Roads
TMP# 30-15-1-2
Commercial & Residential Zoning
BCDH – Ltr of Suitability – 01/24/05; BCPC Ltr of 01/31/05
DelVal Soils – Water Resources Imp. Study Report – 09/13/05
Wynn Review Letter of 11/23/05
William Benner, attorney for the applicant, and M. Matczak of Sal Lapio Homes were in attendance. Revised plans have been submitted.
S. Baluh and the Planners reviewed the Wynn Associates letter of November 23, 2005.
1B & C Will Comply: Additional details requested on plan to clarify proposed utility construction for the sewage disposal system on Lot #8. Limited clearing of woodland is proposed. Property owners will be required to sign a covenant of easements and restrictions.
2. Will Comply: Applicant will pay fee in-lieu-of for recreation land.
3. Clarify: A 25’+/- strip of land to be included in Lot #11
5. Will Comply: 30’ wide berm, 3’ high, between McClosky property and street right-of-way to be included in Lot #15. Mr. McClosky would like to connect roof drains from the pole barn to the drainage system of the proposed subdivision. Applicant was in agreement.
6. Information: Lot #13 access strip has been widened to 40’.
7 & 8 Will Comply: Proposed entrance has been increased to 34’ wide near the Commercial Use. Applicant was asked to indicate ‘future sidewalks’ on the plan. This will be addressed on a future land development plan as shown on Note 40. Cul-de-sac turnarounds to be maintained by the lot owner and will be made aware of their obligations.
9 & 10 Will Comply: A detailed street improvement plan is required by the Township. A traffic consultant has been hired by the applicant, and anything filed with PennDOT will be filed with the Township Engineer.
11. Will Comply: A water impact study will be required upon development of Lot #1.
12. A concern was raised at the October meeting with regard to reviews from the EAC and P-Hydro. The applicant will address these reviews however none have been received. J. Petersen had e-mail correspondence from P-Hydro dated 11/4/05, Township has received no report. P. Hamilton directed the Secretary to draft a letter to M. Gallagher at P-Hydro advising where reviews should be sent.
13A Thru E: S. Baluh summarized the waivers requested by the applicant. The Planners had no issues.
14. Will Comply: The plant symbols on the plan will be enlarged.
15A thru I - Will Comply: Applicant will design a driveway for access by the Fire Dept. The discussion continued with regard to fencing surrounding the basin. The Planners requested that a 4-5’ fence be installed. B. Keyser suggested a standardized fence surrounding stormwater basins. Most of the other stormwater items are technical in nature except 15E. S. Baluh requested that an easement be granted to the Township for the basin if Lot 6 is privately owned.
16 thru 19 Will Comply: BCCD approval is required. Planning Modules have been sent to the B.C. Dept of Health. Establish drainage easements for onsite watercourses. Property monumentation to be shown on the plan.
20. Will Comply: Applicant has proposed the names of Anthony Lane and Marissa Way. Private streets in the Township are designated by ‘way’. It was requested that Marissa Way be renamed in order to comply with Township regulations.
21. Will Comply: The ultimate right-of-way of Tabor Road and the proposed street will be offered to the Township.
22. Disagrees: Applicant will submit final plan to BCPC. Township will defer to final.
23 and 24A thru O – Will Comply: Development/Financial Security Agreement will be executed. Applicant will address engineering/drafting detail comments on the plan.
The Planners were in consensus that if any issues are brought forward by the EAC or P-Hydro, they will be addressed before final approval. A motion was made by M. Kulp, seconded by C. Bahnck, to grant preliminary approval for the Sal Lapio Homes subdivision on SR611 & Tabor in accordance with the November 23, 2005 review letter of Wynn Associates withholding the reservation that at any future and/or final review it may be necessary to revisit the Environmental & Cultural Assessment provided by the EAC of Nockamixon Township as well as to potentially review commentary from the Princeton Hydro review of the same plan.
The motion carried 7-0-0.
A motion was made by M. Kulp, seconded by B. Sadow, to grant approval of the waiver list request on behalf of the Sal Lapio Homes for the following: Sections 196-403.4.F; 196-504.2K; 196-506.4.A; 196-512 and 196-513 subject to review by PennDOT and the certification for a Highway Occupancy Permit. The motion carried 7-0-0.
The meeting reconvened at 9:15 PM after a fifteen minute break.
LAND DEVELOPMENT: Gartner Building Group, Rev Preliminary L.D. Plan
Tabor Road & SR611 – TMP# 30-11-97
Additional building for storage
Commercial Zoning
BCCD – Ltr of Adequacy – 8/9/05; P-Hydro Rev. Ltr – 8/18/05
BCDH – Field Investigation Ltr – 11/16/05
Wynn Review Letter of 11/28/05
Sergio Grossov represented the applicant, Gartner Building Group Land Development.
S. Baluh and the Planners reviewed the Wynn Associates letter of November 28, 2005.
1. The proposed warehouse (Use E-19) must be fenced and screened with plantings.
2. Plan must be revised to label 30’ buffer yard and specify plantings along the adjoining residential property.
3. An A.C. Jurisdictional Determination is needed in order to validate the wetlands delineation.
4. Applicant should address the comments from the EAC dated October 20, 2005.
5. Will be addressed later.
6. A narrative summary was sent on July 26, 2005 to the Zoning Officer, P. Bent.
8B thru I: S. Baluh commented that there are several concerns with regard to the stormwater management report of the property.
10. Will Comply: Applicant has submitted revised plan to BCCD for approval.
11. B.C. Dept of Health has investigated the sewage malfunctions on the property. S. Donovan and T. Jesiolowski voiced their concerns about what they believe to be a septic malfunction. It was suggested that Mr. Diegel of B.C. Dept. of Health be contacted.
12. Legal descriptions of the right-of-way for Tabor Road should be submitted to the Township.
15. Development/Financial Security Agreement to be executed.
16. Will Comply: Applicant should revise plan to include current site topography.
The Planners suggested that the applicant show size of the proposed building on plan. P. Hamilton suggested that the BOS review the letter of November 16, 2005 from the B.C. Dept of Health. No action was taken by the Planners.
NEW BUSINESS: Proposed Water Development Ordinance
Wynn Review Letter of 10/31/05
EAC comments to Wynn Letter – 11/20/05
S. Baluh noted that Wynn Associates has reviewed the Proposed Water Development Ordinance and issued comments to the Planners. Based on his recommendations, the Board of Supervisors is seeking a hydro-geologist to review this proposed ordinance. He recommended that the Planners put on hold until comments are received.
T. Stone, President of the Gallows Run Watershed Association presented information to the Planners regarding a future project that entails water monitoring of the Gallows Run. It is the DEP protocol necessary to upgrade the stream designation. It has been determined that there are breeding brown trout in the Gallows Run. They are proposing a partnership which will keep the Township informed of their progress. He added that $14,000 will be needed in order to move forward and that different sources will be accessed for this funding including the Heritage Conservancy, who will manage the Grant Program. A stream owners’ handbook is being prepared by High School Students for property owners on the Gallows Run.
P. Hamilton asked for a consensus of the Planners. It was agreed that it is something that should move forward. T. Stone was also seeking a letter of support and will provide a draft to the Township.
OLD BUSINESS: Revisions to Proposed Amendment to Zoning Ordinance
Recovery of Subsurface Oil and Gas Deposits
S. Baluh commented that, at this time, the Solicitor has not done a revision of the Ordinance. The Planners tabled.
He clarified that Arbor Resources has no plans to drill on the Cabot Property. Several items on the Wynn Associates Pending Approval letter need to be addressed and he asked for a consensus to recommend denial if no extensions are received for the following subdivisions/land developments: McArdle, Brian & Edward, Parkview Estates, Nockamixon Crossing, Salventi/Purviance. A motion was made by R. Balbirer, seconded by B. Sadow, to recommend denial if no extension letters are received for Brian McArdle Minor Subdivision, Edward McArdle Minor Subdivision, Parkview Estates Subdivision, Nockamixon Crossing Shopping Center and the Salventi/Purviance Subdivision. The motion carried 7-0-0.
SKETCH PLAN: None
PUBLIC COMMENT:
There was a discussion between the Planners, the EAC and A. Eichlin concerning the information that needs to be copied to the various committees, as well as the Planners and the Board of Supervisors. Under discussion it was noted that an e-mail can be sent to J. Petersen advising that information has been received at the Township office.
CORRESPONDENCE:
A. McArdle 2-Lot Sub – Planning Modules – 11/09/05
B. Gartner Bldg Group – Extension Letter to March 31, 2006 – 11/17/05
C. David Brill – Extension Letter to March 31, 2006 – 11/17/05
D. Wehrung Group – Extension Letter to March 31, 2006- 11/17/05
E. Prime Properties – Appl to DEP for NPDES Permit – Rec’d 10/31/05
F. Cobbler Road, L.P. Sub – Wynn Letter of 11/21/05
G. PSATS – Winter Planners Seminars – 11/30/05
H. EAC review of the E. McArdle Subdivision – 11/21/05
H. Wynn Assoc. Sub/Land Development Plan Status – 11/30/05
S. Baluh commented that the McArdle Planning Modules have been approved by the Board of Supervisors and require a signature by the Chair.
P. Hamilton advised the Secretary to advertise the Planning Commission Reorganization meeting for Wednesday January 4, 2006 at 7:30 PM to be followed by a normal business meeting.
P. Hamilton noted that after four years as a Planner, she will not be seeking appointment and thanked the Township for the opportunity to serve.
R. Balbirer commented that the Secretary should be directed to begin the year-end report for the Planners. A. Eichlin commented that it is in process.
ADJOURNMENT:
A motion was made by A. Lyons, seconded by M. Kulp, to adjourn the Planning Commission meeting at 10:00 PM. The motion carried 7-0-0.
Respectfully submitted,
Arlene E. Eichlin
Recording Secretary
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