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NOCKAMIXON TOWNSHIP PLANNING COMMISSION
MINUTES
July 5, 2006
ROLL CALL:
Members Present:
Bill Sadow, Chair,
David Haubert, Vice-Chair,
Carl Bahnck,
Robert Balbirer,
Mark Kulp, Albert Santopietro
Attendees: B. Keyser, N. Janyszeski arrived 7:45PM
Township Engineer:
S. Baluh
Members Absent: Thomas Keebler
OPEN MEETING:
Chair B. Sadow opened the July 5, 2006 Planning Commission with a salute to the flag at 7:30 PM.
APPROVAL OF MINUTES:
A motion was made by A. Santopietro, seconded by C. Bahnck, to approve the minutes of the June 6, 2006 minutes as presented. The motion carried 4-0-2 with M. Kulp and R. Balbirer abstaining. They did not attend the meeting.
SUBDIVISIONS: Cobbler Road, L.P. Subdivision
TMP# 30-11-105 – Rte 611, Ferndale
Village Center Zoning
Wynn Review Letter of 6/28/06 – Waiver Request 12/18/05
ACA – Notice of Application to DEP – 6/16/06
B. Benner, attorney for the applicant, introduced Bob Harrington who represented Cobbler Road L.P., and Roger Lehman, from All County Associates (ACA). The subdivision has been reduced from 16 to 13 lots. He noted that much still has to be done with the plan and they are here for comments from the Planners. B. Benner reviewed the Wynn Assoc. letter of June 28, 2006 with the Planners.
#1 and #22 Will Comply: B. Benner commented that the applicant will address the items in Item #22, will highlight these concerns, and that in turn will satisfy this point. S. Baluh noted that the above ground drainage must be excluded from lot area calculation.
#3 Will Comply: Addresses a centralized sewage system. Once SALDO conditions have been met, a Zoning Hearing Board may be necessary for relief from the setback requirements. A. Santopietro questioned if that was the only PAC system that could be installed. R. Lehman, All County Associates, commented that the type of soils make it unsuitable for on-site sewage disposal due to the limited amount of soil available. S. Baluh commented that spray irrigation may be an option. R. Lehman, ACA, noted that there is not enough area available for this type of system. When drip systems were discussed it was noted that Chapter 70 (PADEP) excludes this from certain subdivisions as of 7/1/05. Other sewage systems discussed included: spray irrigation, drip systems, and the possibility of the Township or an Authority taking over the system. Homeowner’s Associations do not normally maintain these facilities.
#5 Will Comply: Buffer yards will be delineated on the plan.
#6 Will Comply: Revise plan to show impact on natural resource protection areas.
#7 Will Comply: A.C. of Engineers has inspected the site. Applicant is awaiting a Jurisdictional Determination.
#8 Will Comply: Stream crossings (wetlands) are permitted upon receipt of permits from PADEP and A.C. of Engineers. The applicant will obtain the appropriate applications from PADEP to allow a structure to satisfy their regulations. The stream will continue to be protected. A 120” corrugated pipe, 12” below the streambed is proposed. S. Baluh commented that the Township disagrees with the interpretation of the Ordinance by the applicant and, DEP and the A.C. of Eng. will lean toward an open-bottom facility. Applicant should seek other alternatives for stream crossing. B. Benner commented that they will revisit if applications have been approved. It was the consensus of the Planners that a bridge be constructed.
#10 Will Comply: A 75’ riparian corridor will be addressed.
#11 Will Comply: Park & Rec Board will review. 10% would be .7 acre.
#12 Will Comply: Applicant will revise plan to merge ‘open space’ with a lot.
#13 Will Comply: Sewage Facilities Planning Module will be submitted. Applicant will include an alternative analysis.
#14 & 24 Will Comply: Centralized water system is proposed. Water system would be problematic and run by an association, municipality or PUC entity. B.C. Dept of Health and DEP would determine the parameters of a water treatment system. However, the Planners suggested individual wells (three wells have been drilled). Separate wells would require Zoning Hearing Board relief.
#15 Will Comply: Will be clarified.
#16 Will Comply: Additional comments for the Environmental Impact and Cultural Assessment Report will be provided to the Township Engineer. Phase 1 environmental study has not been completed.
#17 Will Comply: A pre-application meeting has been set with a PennDOT consultant.
#18 Completed: Cul-de-sac street has been revised.
#20: Applicant will continue if no problems. S. Baluh commented that additional design information is needed due to the close proximity to the right of way, long term maintenance and safety concerns. ACA will work with the State to see if the differences can be minimized.
#21 Will Comply: Defer review of landscaping until design issues have been resolved.
#23 Will Comply: The applicant will obtain approval from B.C. Conservation District.
#24 and #25: Discussed earlier.
#26 Will Comply: Property monumentation will be installed.
#27 Guidance: The Planners requested street lighting at the intersection of SR611 only. Focus lighting downward.
#29 Will Comply: Nockamixon Township and postmaster must approve street name.
#30 Still Investigating: Encroachment of hunt club facilities along Lot #13. Easements should be shown if allowed to remain. Deeds should reflect the close proximity of the Hunting Club.
#31 and #32 Will Comply: Financial Security Agreement will be executed. Additional comments will be addressed on the revised plan (A thru I).
The EAC will review the site and there is a pending P-hydro review. The Planners took no action.
Dwayne Gross/Beaver Run Major Subdivision
TMP# 30-11-168 – Beaver Run Road
Residential Zoning
Wynn Review Letter of 6/23/06 – BCDH – Review Ltr 6/16/06
Applicant grants 90-day extension
The applicant, D. Gross was in attendance. He commented that the only change with this plan was with the engineers. D. Gross reviewed the Wynn Associates letter of June 23, 2006 with S. Baluh and the Planners.
#2 Will Comply: A $3,000.00 fee in-lieu-of for recreation land will be paid for each lot.
#3 Will Comply: A.C. of Engineers has determined that there are no wetlands on the site and have removed them from the plan. Documentation will be provided.
#6: Awaiting reviews from the EAC and P-Hydro.
#7 Will Comply: A fee in-lieu-of $3,000.00 per new building lot will be paid for road frontage improvements.
#8 Will Comply: Will be submitted at a later time, awaiting Planning Commission comments.
#11 Better Alternative: Applicant will explore other infiltration type BMP’s for the lots. S. Baluh suggested additional modifications.
#12 Will Comply: After preliminary plan approval, an NPDES Permit will be forthcoming from the B.C. Conservation District.
#13 Will Comply: Installation of wells and testing prior to final plan approval.
#14 In Process: Septic system at the existing house is working but not permitted by B.C. Dept of Health and will be replaced with an IRSIS. Sand mounds are proposed for the new lots. M. Kulp voiced concerns with regard to the close proximity of the alternative sand mounds to the lot lines.
#15 Will Comply: Septic has been installed, awaiting signature of Health Dept.
#17 Will Comply: Easement has been completed, awaiting signature of resident.
#18 Completed: Property monumentation has been installed. A letter is required from All County Associates certifying the installation.
#20 Will Comply: The Development/Financial Security Agreements can be drafted separately and assigned to the new property owner.
The discussion continued regarding the EAC review letter, and if their concerns had been addressed. D. Gross will review the letter and address these issues.
Outstanding issues noted by the Planners included the A.C. of Engineers Jurisdictional Determination and the receipt of the Sewage Facilities Planning Modules from the B.C. Dept of Health. The Planners took no action on the plan.
Glazier Major Subdivision (Prime Properties)
TMP# 30-8-93 – 119 Center Hill Road
Zoning Residential
Wynn Review Letter of 6/26/06
BCCD – Letter of Adequacy 6/8/06
M. Jonas, attorney for the applicant, B. McNaney, Engineer, and P. Stampfl, for Prime Properties, were in attendance.
M. Jonas reviewed the Wynn Assoc letter of June 26, 2006 with S. Baluh and the Planners.
#2 Addressed: A fee in-lieu-of $3,000.00 for each building lot will be paid.
#3 Will Comply: Water Resources Impact Study has been submitted. A well protection agreement will be forthcoming for a period of two to five years beyond the date of final occupancy within the development.
#4 Will Comply: Previously submitted by NOVA Consultants, Inc. and concludes that there are no delineated wetlands on the site. A.C. of Engineers Jurisdictional Determination confirms this report.
#5 Addressed: A revised Narrative Summary which addresses the comments from the EAC and P-Hydro.
#6 Completed: Applicant improved the configuration of the building lots.
#7 Will Comply: Cul-de-sac street alignment has been re-aligned, and includes an island. This will accommodate a fire truck.
#8 Will Comply: A 28’ cartway with Belgian block curbing and a sidewalk on one side will be installed.
#9 In Process: Applicant is discussing site easements with off-site homeowners, with buffering.
#10A, B & C: M. Jonas addressed these comments.
#11 Will Comply: B.C. Conservation District correspondence has been received, the NPDES Permit will be required.
#12 Awaiting Comments: Servicing Fire Company has not responded to request.
#13 Will Comply: Planning Modules have been forwarded to B.C. Dept. of Health.
#14 Comment: Property monumentation will be installed.
#15 Comment: One street light is proposed at the intersection of the cul-de-sac street at Center Hill Road.
#16 Comment: Area within the ultimate right-of-way of Center Hill Road and proposed cul-de-sac street is offered for dedication to the Township.
#17 Under Discussion: Transferring of existing driveway to adjoining property owner is in process.
#18 Comment: Street name has been changed to “Peri Court”.
#20A Comment: Discussion with the property owner, Mr. Romeo, is ongoing.
#20B & C Will Comply: Revise Note 16 on plan to show responsibility of the swales, outside of street right-of-way and stormwater management basins are the respective owners of the lots. Pre and post development plans should be included in the overall plan set.
Residents voiced their concerns with regard to buffering and site easements; A.C. of Engineers Jurisdictional Determination of the wetlands; water runoff and how to reduce the outflow. It was noted that site distances are governed by PennDOT. S. Baluh requested that the applicant keep his office informed of PennDOT meetings.
B. McNaney commented that additional wetlands have been noted on the plans. The EAC requested a copy of the plot plan showing the wetlands from the A.C. of Engineers. The Planners commented that they would like the larger lots deed restricted. It was noted that recommendation can be forwarded to the BOS. After a lengthy discussion, the Planning Commission noted that the following information is still needed from the applicant prior to preliminary approval: written agreements with the developer from surrounding neighbors regarding buffering and site easements, Sewage Facilities Planning Modules (Township policy requires receipt of planning modules prior to the granting of preliminary approval), and PennDOT Highway Occupancy Permits. M. Jonas requested that the Planners forward this plan to the BOS with recommendations. It was the consensus of the Planning Commission to not recommend preliminary approval.
NEW BUSINESS: Proposed Groundwater Ordinance
Combined BOS/PC Special Meeting Aug 8, 9, or 10, 2006
T. Stone commented that M. Mulhull would be unable to attend in August and requested a September date. The Planners forwarded the following alternate dates to the Board for the combined meeting: September 13 or 27. T. Stone requested a copy of the Quarterly Report from the Quarry with regard to their wells.
LAND DEVELOPMENT: None
OLD BUSINESS: Proposed Amendment to Nock. Twp. Zoning Ordinance
Rezoning of Properties from VC, Village Center, to R, Residential
Villages of Bucksville, Ferndale and Kintnersville
Rezoning of Properties from R, Residential, to VC, Village Center
Village of Ferndale
S. Baluh commented that several of the split-zoned properties have been made wholly within the remaining VC district, after a discussion with the BOS. There will be two new split-zoned properties in both Ferndale and Kintnersville. Bucksville will remain as before. A motion was made by A. Santopietro, seconded by M. Kulp, to forward to the BOS with the following changes: to include the Clinton property TMP# 30-11-24 on Mountain View Drive and the Winklemann property TMP# 30-10-11 on Brennan Drive in the VC District.
The motion carried 5-1-0 with R. Balbirer voting nay. He commented that the Township had taken extensive time 15 years ago to prevent split zoning.
EAC – Potential Proposed Amendments to the Nockamixon
Zoning Ord on the Recovery of Subsurface Oil & Gas
The Planners reviewed the proposed amendment presented by the EAC. Some of the issues discussed were the distance of a well from a residence, Chapter 146, insurance/bonding of the company, and the increase of setbacks from 600’ to 1000’. This revised form is the one that will be forwarded to B. Baizel for his recommendations. A motion was made by B. Sadow, seconded by A. Santopietro, to recommend that the BOS spend allotted money to have B. Baizel review the proposed Gas & Oil Subsurface Recovery Amendment as written. The discussion continued and included: setbacks of wells from a residence, noise, and protection of water wells. C. Bahnck commented that the Township was advised by M. Wolford not to be too restrictive with the Ordinance. The motion carried 5-1-0 with C. Bahnck voting nay.
Set Inspection date for Quarry
The inspection would include two members of the Board of Supervisors, two Planners, two EAC members and the Township Engineer, S. Baluh. The generator that removes water from the bottom of the quarry has been running around the clock, due to the extreme amount of rainfall. Several residents requested that a silencer be installed. S. Baluh will contact the quarry. Date of inspection was set for Saturday, July 22, 2006 at 8:30AM.
REQUEST TO BE ON AGENDA:
Carol McClosky – Requesting the implementation
Of an ordinance restricting dirt bike race tracks
C. McClosky explained that in the field next to her residence, there is a track set up for four-wheelers and dirt bikes and she is requesting that the Township set up a time limit/schedule. C. McClosky has spoken with the neighbors several times regarding the noise and dust. R. Balbirer commented that the Township has a go-cart Ordinance. P. Bent will look for this information. There are several options, including spraying down the area when dry to deter any dust, limit the hours of use, and keep the number of riders to a minimum.
PUBLIC COMMENT: There was no public comment.
CORRESPONDENCE:
A. Wynn Assoc. – Cabot Site Visit of 6/9/06
B. DEP – Act 537 – Plan of Study Nockamixon Township
C. DEP – Nockamixon Shopping Center Associates, LP (Korman)
D. Benner & Wild – 6-month Extension Letter (Korman)
E. Wynn Assoc. – Corr. To P-Hydro for Cobbler Road, LP,
Glazier/Prime Properties Major Sub. and D. Gross/Beaver Run Sub.
F. Wynn Assoc. – Harrow Manor PennDOT HOP comments
G. DelVal Regional P.C. – Zoning Information
H. Wynn Assoc – Hanson Aggregates East – Well Monitor
I. Wynn Assoc – Sub/Land Development Plan Status
A motion was made by R. Balbirer, seconded by M. Kulp, to approve extensions if requested by the developer as shown on the Wynn Assoc letter of June 28, 2006 for Wehrung L/D, Brill L/D, and Gartner L/D. The motion carried 6-0-0
ADJOURNMENT:
A motion was made by B. Sadow, seconded by R. Balbirer, to adjourn the Planning Commission meeting at 11:10 PM. The motion carried 6-0-0.
Respectfully submitted,
Arlene Eichlin, Recording Secretary
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