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NOCKAMIXON TOWNSHIP PLANNING COMMISSION ROLL CALL: Attendees: B. Keyser, N. Janyszeski arrived 7:45PM Township Engineer: S. Baluh Members Absent: Mark Kulp, Albert Santopietro OPEN MEETING: Chair B. Sadow opened the June 6, 2006 Planning Commission with a salute to the flag at 7:40 PM . APPROVAL OF MINUTES: A motion was made by A. Santopietro, seconded by C. Bahnck, to approve the minutes of the May 2, 2006 minutes as presented. The motion carried 5-0-0 CONDITIONAL USE: Cellco Partnership, d/b/a Verizon Wireless TMP# 30-8-103 – 9211 Easton Road - Alterations to tower & installation of equipment building Wynn Review Letter – 5/24/06 Gavin Laboski of Benner & Wild, attorney for the applicant Verizon Wireless, introduced Jim Rogers, Site Acquisition Consultant for Verizon, Richard Maxwell, Radio Frequency Engineer for Verizon and Ken Farrall from CMC Engineering. The application filed is for the co-location of antenna at the facility at the Fleck Farm in Ferndale . It proposes the extension of the existing tower from 162’ to 170’ and the addition of an equipment building. A lightning rod would extend the height to 180’. G. Laboski and the Planners reviewed the Wynn Associates letter of May 24, 2006. #1. Will Comply: The applicant to submit information verifying that the antennae mounting height is the minimum height necessary to meet their service needs. #2 Will Comply: Paperwork submitted with the application showing that registration with the FAA is not necessary. #3 Will Comply: Any regulations required by the B.C. Conservation District will be adhered to, if applicable. S. Baluh commented that erosion control is shown on the plan and a permit will be required. #4 Will Comply: Color of increased height of tower will match existing pole. When asked by the Planners the amount of ground disturbance planned, G. Laboski commented that a 12’x30’ shelter is proposed for equipment. It will be placed on the stone compound already existing on the site. P. Bent commented concerning the removal of this tower should it no longer be of use and that a bond had been issued during the first Conditional Use hearing with Sprint. Global Signal owns the tower and will be responsible for its removal. P. Bent suggested that the Planning Commission recommend to the BOS that the bond be reviewed by the Solicitor prior to final approval. A motion was made by C. Bahnck, seconded by A. Santopietro, to recommend that the BOS approve the Conditional Use for the added height of the tower and the proposed shelter at the base of the tower on the Fleck Farm as presented by CellCo Partnership; that all conditions of the Wynn Associates letter of May 24, 2006 are met; and that the Solicitor inquire as to the name of the owner of the tower at the 9211 Easton Road site. The motion carried 5-0-0. NEW BUSINESS: Change July 4, 2006 Meeting Date Change November 7, 2006 Meeting Date It was the consensus of the Board to change the July meeting date to July 5, 2006 and the November meeting tentatively to November 8, 2006 . B. Sadow directed the Secretary to advertise the date change for July. The November date change will be advertised at a later date.
Harrow Manor Sewage Facilities Planning Module BCPC Review Letter 4/21/06 S. Baluh commented that preliminary approval for this major subdivision had been granted previously for the 14 Residential Lots and 1 Commercial Lot . A signature is required by the Planning Commission for their Component 4A Sewage Facilities Planning Module. S. Baluh reviewed the Wynn Assoc letter of May 22, 2006 with the Planners: The applicant will have to obtain signatures from the B.C. Dept of Health along with soil testing reports – Sewage Maintenance Agreements will be required for each lot - B.C. Planning Commission requested clearance from the US Army Corp of Engineers over the delineated wetlands and possible endangered species – Completed questionnaire will be needed from B.C. Dept of Health – One potential conflict with an ecological resource of special concern: bog and/or red bellied turtles may exist within the site and the appropriate information/clearance must be obtained by the applicant – Applicant did contact the PA Historic and Museum Commission and they indicated a high probability of archeological resources. If this occurs, the Museum Commission would be contacted and construction would cease – Notice of Planning Module was in newspaper, no written response was received. S. Baluh recommends that the PC authorize the Chairman to sign the Component 4A form. A motion was made by T. Keebler, seconded by A. Santopietro, authorizing the Planning Commission Chairman, B. Sadow to sign the Harrow Manor Planning Module, in accordance with the Wynn Assoc. review letter of May 22, 2006. The motion carried 5-0-0.
Ad Hoc Committee – Proposed Oil & Gas Amendment EAC – B. Baizel Recommendations EAC – Potential Proposed Amendments to the Nockamixon Zoning Ord on the Recovery of Subsurface Oil & Gas B. Sadow commented that the EAC recommendations for potential proposed amendments would be reviewed by the Planners and S. Baluh . A list of items will be compiled for further review with recommendations by S. Baluh and T.J. Walsh, the Solicitor. The Planners reviewed the information that was received from the EAC on June 2, 2006 . C. Bahnck considered these proposals to be excessive amd redundant, but believes the committee brought out most of the issues. The Planners , S. Baluh and the EAC committee reviewed the Potential Proposed Amendments to the Oil & Gas Ordinance. B. Sadow noted that several of these items are addressed in Chapter 146. A.Santopietro stressed that the Board of Supervisors has the right to protect the community no matter what the State and Federal Government laws. Section 1: Required by Township Permit. Chapter 146 currently requires a permit. A separate re-drilling/fracturing permit should be required and renewed on an annual basis. The consensus of the Planners was that the ordinance contains a requirement advising of all the chemicals/materials used in the drilling process. Water wells within ½ mile of the drilling site would be the concern. Bonding: There could be an issue conflicting with the State bonding requirements. Road signs may be required that would stipulate no trucks or a weight limit in order to seek a bond/fee for wear and tear of Township roads. These could be combined. Hazardous event and ground water contamination bonds could conflict with the State. Have something that would hold Oil & Gas companies responsible for repayment, if bond limit exceeded. This will be reviewed by the Solicitor. Section 2: Operational Requirements: The EAC requested that drilling be limited to Quarry & Industrial Districts. After a lengthy discussion, the Planners forwarded to the Board of Supervisors. A.Santopietro believes that drilling should be limited, C. Bahnck does not agree. Distances around the superfund site were discussed and S. Baluh was not sure what these distances were based on, but it could effectively ban drilling in the Township dependant upon set-backs established. Emergency Preparedness: This is straightforward information and the Planners were in agreement. This is contained in Chapter 146, but not in this depth. Public Safety: This is similar to the previous subject and may be combined. S. Baluh commented that it refers to NFPA & BOCA standards. Codes we have adopted have been updated to the current standard. Land Development plan will be included in the Conditional Use Hearing, along with a 24-hour contact emergency number, which would encompass Emergency Management both local and countywide, in addition to the Zoning Officer. Have T.J. look into prohibiting non-producing wells from being used for storage. Remove reference to firearms. Chapter 146 addresses explosives. Health Protection: Define information to be provided. S. Donovan to provide S. Baluh with guidelines for items that will be needed. Minimization of Noise: Reduction of decibels measured at property lines during evening hours, Sunday, holidays to 45. Planners asked Steve to incorporate into amendment. Limit times of truck traffic, have the applicant determine how to maintain. Viewshed Mitigation: Buffer could be required. This may be contained in the SALDO, confirm with T.J. (no waivers?) Planners were in agreement. Restricted Times of Operation: Could be conflicting, however this may be the area to restrict time of truck deliveries, etc. This is more of a policy issue. Do we want to extend the amount of time to drill a well? Air Quality: The Planners agreed with these comments. Control of Nuisance and Disabling Glare: There is no Township lighting ordinance. The consensus of the Planners was to leave out and amend at a later date. This information is more than we have on the books at this time. No baseline on which to determine these requirements. S. Baluh commented that a,b,c,d,h and i, okay to incorporate; e,f and g, questionable. This could be part of a Conditional Use. Once an ordinance has been passed, it will supercede. Groundwater Impacts: Appropriate to say that they are in accordance with, or not violating, DEP regulations related to water sources. Confirm with T.J., and incorporate into amendment. Well Testing: Some of this is included in Chapter 146. Steve B. will confer with TJ about a well protection agreement since there may be limitations. Determination as to how/when a well is impacted. Incorporate into the proposed amendment. Cleaning of Public Roads: BCCD. Incorporate into conditional use. Restoration of Site following Completion of Drilling: This is standard and an existing features plan would be needed. References to storage tanks, compressor sites, etc. was covered in another section. Abandonment of Gas and Oil Well: Will have to comply with Chapter 146. Penalty for Violation: This may already be in the Zoning Ordinance. A legal question, can a separate fine be required. The Planners asked that it be incorporated into the amendment. The discussion continued regarding the Addendum including the size of the pad site, pipe lines and right-of-ways, and a third party monitor. S. Baluh commented that if you restrict the size of pad site, you may restrict their ability to put multi-wells on one site and therefore have more well sites in the Township. A. Santopietro commented that a restriction should be placed on where a well can be drilled, exclude Residential. It was the consensus of the Planners to change the setbacks from structures on a Residential property to 1,000’, Industrial and Quarry will remain at 600’.
SUBDIVISIONS: None LAND DEVELOPMENT: None NEW BUSINESS: None OLD BUSINESS: None PUBLIC COMMENT: There was no public comment. CORRESPONDENCE: A. EAC Minutes – March 9, 2006 B. E. McArdle Sub – NPDES Application C. E. McArdle Sub – Extension to December 31, 2006 D. OSC Minutes – March 27, 2006 E. Wynn Assoc – Proposed Groundwater Ordinance Review F. BCPC – Gas & Oil Amendment to Zoning Ordinance G. Cobbler Road L.P. Sub – Extension to September 28, 2006 H. BCPC – E. McArdle 5-lot Subdivision I. Annual Quarry Permit Renewal Letter J. Hanson – Residual Waste Permit Renewal Letter K. BCDH – D. Gross/Beaver Run Letter of Suitability L. DelVal Soils – Nockamixon Farm Planning Module for Review M. Wynn Sub/Land Development Plan Status
A motion was made by A. Santopietro, seconded by B. Sadow, to recommend denial of the T. Rakowsky Land Development if no action is taken on the plan by June 30, 2006. S. Baluh commented that there was no response to the letter that was sent by the Township. A. Santopietro amended his motion, seconded by B. Sadow, to recommend denial of this plan if there has been no response by the June 20, 2006 BOS meeting. The motion carried 4-0-1 with C. Bahnck abstaining.
A motion was made by A. Santopietro, seconded by B. Sadow, to recommend denial of The Nockamixon Crossing Shopping Center and the DeAngelis Minor Subdivision if no extension has been received by the June 20, 2006 BOS meeting. The motion carried 5-0-0.
ADJOURNMENT: A motion was made by A. Santopietro, seconded by B. Sadow, to adjourn the Planning Commission meeting at 11:15 PM . The motion carried 5-0-0.
Respectfully submitted,
Arlene Eichlin Recording Secretary
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