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589 Lake Warren Road
P.O. Box 100
Ferndale, PA 18921
Phone: (610) 847-5058
Fax: (610) 847-5812
nockamixon@epix.net

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NOCKAMIXON TOWNSHIP PLANNING COMMISSION
MINUTES
August 1, 2006

ROLL CALL:
Members Present:
Bill Sadow, Chair, David Haubert, Vice-Chair, Carl Bahnck, Robert Balbirer, Thomas Keebler, Mark Kulp, Albert Santopietro

Attendees: B. Keyser, N. Janyszeski arrived 7:45PM

Township Engineer: S. Baluh

OPEN MEETING:

Chair B. Sadow opened the August 1, 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 R. Balbirer, to approve the minutes of the July 5, 2006 minutes as presented. The motion carried 6-0-1 with T. Keebler abstaining. He did not attend the meeting.

ANNUAL PERMIT: Hanson Aggregates, BMC Extraction Permit Renewal

Wynn Review Letters of 7/24/06 and 7/25/06

D. Hill, of Hanson Aggregates BMC was in attendance. S. Baluh reviewed the Wynn Associates Review letter of July 25, 2006 with D. Hill and the Planners .

S.Baluh commented that Items 1 thru 9 on page one is information that was submitted to the Township by Hanson Aggregates, BMC (the Quarry). He continued with page 2 of the review.

#1 Bond: Letters have been sent by the Township to DEP requesting a re-evaluation of the reclamation and general purpose bonds. There has been no response. D. Hill commented that the current value is $142,795.00 for eighty-three disturbed acres, of which they are using sixty-eight.

#2 Will Comply: A copy of the new Non-Coal Mine Operator’s License which expires September 30, 2006 will be submitted.

#3 Monitoring of Blasts: Seismographs are used to monitor each blast. Only one reading was above the normal 1.0 inches per second, which was recorded at 1.06 inches per second. R. Balbirer requested that instead of one large blast that two or three smaller blasts are set. D. Hill will request that the blasters check with the quarry office prior to setting a charge.

#4 Location of Shots: S. Baluh requested that the Quarry submit forms showing the exact location of the shot.

#5 Traffic Light: Money has been escrowed ($40,000) for the installation of the light in conjunction with the Harrow Station and other potential developments in the area.

#6 Violation: Suspended solids were discharged from the basin into Rapp Creek as noted in the PADEP letter of June 19, 2006 . The Quarry is now doing a daily visual check of the water, and would cease pumping immediately.

#7 Will Comply: The Township requested copies of study findings of the Quarry and PADEP recommendations for the new monitoring well (#6).

#8 Inspection: Completed on July 22, 2006 .

S. Baluh reviewed the Wynn Associates Review letter of July 24, 2006 with D. Hill and the Planners .

#1 Rainfall Events: During the recent heavy rainfall events, an embankment of a tributary to Rapp Creek was breached and additional water discharged into the Quarry. D. Hill commented that repair work will be completed by September 30, 2006 .

#2 Surface Water: This water is flowing over the southern quarry wall near the sound wall. This will be repaired by September 30, 2006 .

#3 Expansion: The Quarry is considering relocation of the process/settling ponds to the fourth level. They will increase the capacity by adding two more ponds. Completion date July 2007.

#4 Final Pond: It has been raised three feet in order to increase the water storage and settling time prior to removal from the quarry.

#5 Hydrogeologic Study: This study will be done by ERG Consultants August 14-16, 2006 . The BNT will meet with ERG and the Quarry to discuss various concerns.

#6 Truck Wash : The low-volume sprinkler system under consideration will eliminate the dust and dirt that is tracked out of the quarry. Work to be completed by the end of September.

D. Hill commented that the Quarry will do a continuous monitoring, which is now monthly, on a weekly basis. R. Balbirer requested that the weigh master remind the trucks to tarp their loads when leaving the quarry. A motion was made by R. Balbirer, seconded by T. Keebler, to recommend to the Board of Supervisors that they grant the Extraction Renewal Permit for Hanson Aggregates, BMC based upon the receipt of current licenses and operating procedures contained in the July 5, 2006 Wynn Associates letter, and also that Hanson Aggregates will give us an intermediate update at the end of September concerning the discussions based upon the July 25, 2006 of Wynn Associates. The motion carried 7-0-0.

SUBDIVISIONS: Harrow Manor (Sal Lapio Homes), Final Plans

TMP# 30-15-1-2 – Tabor and Easton Roads - Residential and Commercial Zoning

Wynn Review Letter of 7/25/06

B. Benner, attorney for the applicant, as well as M. Matczak of Sal Lapio Homes and E. Pelligrino , engineer for the project were in attendance. Before beginning the review, B. Benner commented that his applicant had no objections to anything that was written in the Wynn Associates letter. B. Benner reviewed the Wynn Assoc. letter of July 25, 2006 with the Planners .

#1 Will Comply: The applicant will specify on the plan that there will be no disturbance of the watercourse when the utility crossing is bored under the watercourse.

#2 In Process: $3,000.00 per new lot to be paid in-lieu-of dedication of recreation land.

#3 In Process: The applicant will include additional landscape berm/buffering and drainage improvements along the adjoining McClosky property. The Planners requested that the McClosky’s verify in writing their satisfaction with the plan.

#4 Will Comply: The applicant has agreed to a Well Loss Protection Agreement, and escrow in the amount of $10,000.00. R. Balbirer questioned who determines the ‘adverse affect’ on a well. The Township will review and make the final decision.

#5 Pending: They are awaiting a response from PennDOT for the HOP.

#6 Submitted: The applicant is awaiting comments from the Township Environmental Consultant/EAC. J. Petersen was concerned with the wetlands, woodlands and the amount of disturbance. It was noted that this is shown on the plan.

#7A thru E Will Comply: This includes the installation of a 4’ high fence around the basin on Lot #6, the execution of the Operation & Maintenance agreement, and the possible addition of stormwater collection facilities pending PennDOT approval of the HOP.

#8 Will Comply: This is under review by the B.C. Conservation District.

#9 In Process: Planning Modules will be forwarded to the Township. This project is all sand mounds.

#10 thru 19 Will Comply: S. Baluh will contact E. Pelligrino regarding the monumentation. Street names have been changed to comply with Township requirements. The street right-of-way will be dedicated to the Township. Legal descriptions have been submitted. Financial Security Agreement will be executed between the applicant and the Township. A noted will be included on the plan to deed restrict the lots from further development. Declarations of Covenants, easements, and restrictions must be recorded for residential lots. Previous 7-lot subdivision has been withdrawn.

The applicant is awaiting a P-hydro report, and comments from the EAC. No action was taken by the Planners .

Glazier Major Subdivision (Prime Properties)

TMP# 30-8-93 – 119 Center Hill Road - Zoning Residential

Wynn Review Letter of 7/26/06

Applicant grants 30-day extension dated 7/13/06

No one from the Glazier/Prime Properties subdivision was in attendance. S. Baluh commented that Prime Properties did grant the Township a 30-day extension and requested that they be placed on the August Board of Supervisor’s agenda. The applicant was notified that they were on the Planning Commission agenda.

S. Baluh reviewed the Wynn Assoc letter of July 26, 2006 with the Planners .

#1 Received: Correspondence from B.C. Conservation District regarding the issuance of an NPDES Permit.

#2 In Process: Conversation with P. Stampfl, Prime Properties and D. Romeo with regard to the easement required for PennDOT site distance requirements. The developer and PennDOT also need to come to a satisfactory agreement.

#3A thru D In Process: Sewage Facilities Planning Modules have been reviewed by the B.C. Dept. of Health for the subdivision. Operation & Maintenance agreements will be required for the proposed IRSIS (sand mound) systems.

Residents voiced concerns about several issues including water runoff onto Kintner Hill, detention basins, and site distance at the intersection of the cul-de-sac road and Center Hill. A. Santopietro questioned if the retention basin could be increased 10%. S. Baluh commented that they could be asked to reduce the rate of flow by increasing the height of the berm. The applicant is complying with the Ordinance, but could be asked to re-address the retention basin by the BOS.

A motion was made by A. Santopietro, seconded by M. Kulp, to recommend to the Board of Supervisors that the preliminary plan for Glazier/Prime Properties Subdivision not be approved until the following issues are esolved: due to the stormwater problems on Kintner Hill that the detention/retention basin be increased by 10% to slow down the flow of water; deed restrictions be placed on the two larger lots; the PennDOT HOP, due to the lack of site distance, be tied to the size of the plan and that the applicant successfully negotiate an agreement with Mr. Romeo for an easement, or take a chance that PennDOT will approve the current site distance within the confines of the property he has to work with, given the size of the development. The motion carried 7-0-0.

LAND DEVELOPMENT: Gartner Building Group—Revised Prelim. L/D

TMP# 30-11-97 – Tabor Road & Rte 611

Commercial Zoning, A.C. of Engineers – J.D.

Wynn Review Letter of – 7/19/06

E. Pelligrino, Engineer for the project, was in attendance. He commented that this is a plan for a proposed mini-warehouse, Use E-19, located at Tabor Road and SR611.

#1 Will Comply: A privacy fence will be installed as required by the Ordinance.

#2 Will Comply: The applicant revised the plan to include a 30’ wide buffer yard between the Commercial and Residential Use. A swale is also proposed to remove the excess water from the lot. There is no berm proposed, not required by the Ordinance.

#3 Received: A Jurisdictional Determination has been received from the A.C. of Engineers for the site visit of June 8, 2006 .

#4 P-Hydro and the EAC are reviewing the Environmental & Cultural Impact Assessment Report dated June 29, 2006 .

#5 Waiver Request: The applicant will be installing a perforated plastic pipe instead of the concrete storm sewer pipe. They will incorporate the grading shown on the plan view and what is shown in the detail. T. Jesiolowski requested Township assistance with water runoff on Tabor Road . The Township has done some grading/repair work to this roadway.

T. Jesiolowski questioned when trucks will be making deliveries to the mini-warehouse, if there will be outside storage, and if outside lights will be installed on the building. The Planners read the narrative received from the applicant. Hours are 8am-5pm only. There will be no outside storage.

#6 Received: Submitted a Narrative summary to the Township – June 29, 2006 .

#8A thru C Will Comply: A ‘snout’ will be installed; a larger cleanout/inspection port is proposed; the HDPE pipe will be the better choice and will be installed.

#10 Received: BCCD letter was received June 29, 2006 .

#11 Clarification: No water is proposed for the building. The BCDH has confirmed that the septic system is in working order. Problem has been resolved. S. Baluh commented that the BCDH made two recommendations: 1. have the septic tanks pumped out 2. install ‘low flow’ fixtures in the existing building. The Planners commented that the owner should verify in writing to the Township that he will comply with the BCDH recommendations.

#12 and #15 Will Comply: Applicant will offer the ultimate right of way of Tabor Road for dedication to the Township. A Financial Security Agreement will be executed between the applicant and the Township.

R. Balbirer questioned if a fire suppressant system will be installed. S. Baluh commented that monitored systems have been requested in several other Commercial buildings. He also asked if explosives would be prohibited. This is arequirement of the Ordinance and will be shown in the rental agreements. The Planners will make recommendations to the Board.

J. Petersen questioned how the septic would be protected from vehicles, it was noted that a curb block or fence could be installed.

T. Jesiolowski and R. Jesiolowski voiced their concerns with regard to water runoff, picnic tables and trash that are prevalent around the building and in their view when they are on their deck. They requested an additional fence to hide these items. E. Pelligrino will contact the owner with this request.

A motion was made by C. Bahnck, seconded by A. Santopietro, to recommend to the Board of Supervisors to approve the Gartner Building Group L/D Plan contingent on satisfying the outstanding items in the Wynn Assoc letter of July 19, 2006. They recommend the installation of a fire alarm system, a maintenance agreement for the stormwater drainage snout, and removal of the refuse and storage trailers after the building has been constructed. The motion carried 7-0-0.

Harrow Station L/D – Glenn Neebe

Waiver of Land Development (Carwash) - TMP# 30-11-29 – Commercial Zoning

G. Neebe was in attendance and presented the Planners with the request for the waiver of land development for a carwash at Harrow Station. The building will be approximately 5,100 sq. ft. with a one-car bay containing automated equipment. There will be five underground storage tanks for recycling of water. No additional parking will be required, and there will be no additional employees. G. Neebe commented that there may be thirty (30) cars per day using the facilities. A motion was made by R. Balbirer, seconded by T. Keebler, to grant a waiver of land development to G. Neebe for the Harrow Station LLC L/D plan.

The motion carried 7-0-0.

 NEW BUSINESS: There was no new business.

OLD BUSINESS:Park View Estates – Planning Modules

TMP# 30-14-10-2

S. Baluh commented that when the plan was approved by the BOS, there were several conditions including making the street a cul-de-sac, and not a through street. The septics are the same, spray irrigation and sand mound systems. There are no problems and Steve has no objection to the Planners signing the modules. When sent to DEP they will make it clear that the approval is granted by the Planning Commission and the Board of Supervisors for the planning modules are specific to the sewage facilities and are not an approval of the overall land development plan. A motion was made by A. Santopietro, seconded by R. Balbirer, to approve the signing of the Park View Estates Planning Modules, TMP# 30-14-10-2, by the Chairman, B. Sadow. The motion carried 7-0-0.

PUBLIC COMMENT:

-C. McClosky commented that since SR611 has been resurfaced and changed significantly, the drainage from this roadway is no longer channeled into ditches.

-T. Stone was seeking issues from the Planners that need to be addressed when updating the Township’s Act 537. The discussion included a Sewage Maintenance Program to advise residents of the requirements for the upkeep of their septic systems, low flow bathroom fixtures, and an article in the newsletter.

CORRESPONDENCE:

A. Glazier – BCDH review of Planning Modules

B. BCPC – Review Letter – Rezoning of Villages

C. PA Bulletin – Stream Redesignation Evaluation – Gallows Run

D. BCPC – Rohs Subdivision ( Durham Township )

E. Zoning Correspondence to Mark & Marta Stout

F. Glazier – BCCD General Information – NPDES Permit

G. Wynn Assoc – Sub/Land Development Plan Status

H. Cobbler Rd L.P. – A.C of Engineering – J.D.

I. D. Gross/Beaver Run – A.C. of Engineering – J.D.

A motion was made by R. Balbirer, seconded by T. Keebler, to approve extensions if requested by the developer as shown on the Wynn Assoc letter of June 28, 2006 for D. Gross/Beaver Run and Glazier/Prime Properties, Center Hill.

The motion carried 7-0-0.

A. Santopietro requested that the Planners recommend that the Board of Supervisors amend the zoning ordinance to comply with the 2005 comprehensive plan. It was the consensus of the Planners to have the Board move forward with the changes.

ADJOURNMENT:

A motion was made by A. Santopietro, seconded by M. Kulp, to adjourn the Planning Commission meeting at 10:40 PM . The motion carried 7-0-0.

Respectfully submitted,

Arlene Eichlin, Township Secretary

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