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NOCKAMIXON TOWNSHIP PLANNING COMMISSION ROLL CALL: Attendees: B. Keyser, N. Janyszeski Township Engineer: S. Baluh Members Absent: Thomas Keebler OPEN MEETING: Chair B. Sadow opened the September 5, 2006 Planning Commission with a salute to the flag at 7:35 PM . B. Sadow commented that the engineer, S. Baluh, would not be in attendance. Wynn letters would be reviewed, and depending upon the items requiring attention, no action would be taken. APPROVAL OF MINUTES: A motion was made by R. Balbirer, seconded by A. Santopietro, to approve the minutes of the August 1, 2006 minutes as presented. The motion carried 6-0-0. SUBDIVISIONS: D. Gross/Beaver Run Major Sub. Revised/Preliminary TMP# 30-11-168 Zoning – Residential Wynn Review Letter of 8/29/06 D. Hendricks was in attendance, due to the absence of D. Gross. D. Hendricks reviewed the Wynn letter of August 29, 2006 with the Planners . #2 Will Comply: Will pay $3,000.00 per new lot in-lieu-of recreation land. #3 In Process: Applicant waiting for a response from the A.C. of Engineers regarding wetland delineation. #6 Submitted: Plans were forwarded to the EAC and Environmental Consultant for review. Applicant will address the EAC letter. #7 Will Comply: If waivers are granted, applicant will pay $3,000.00 per new building lot as required by the Township. #8 Will Comply: Area within the ultimate right-of-way of Beaver Run Road will be offered for dedication to the Township. #11A & B Will Comply: BMP#1 and BMP#2 outlet details will be modified as noted. #12 Will Comply: Applicant will submit paperwork to B.C. Conservation District for an NPDES permit. #13 Will Comply: Will obtain permits for wells from Township and B.C. Department of Health #14 Will Comply: Existing sewage system on Lot #1 will be replaced as required by the B.C. Department of Health. #15 Received: Sewage Facilities Planning Modules were received in the Township office today from the B.C. Department of Health. #17 Will Comply: Easement has been submitted to the Solicitor regarding the adjoining Mattes property. #18 Will Comply: Monumentation is in place. #20 Will Submit: D. Hendricks cannot answer for applicant. Applicant will address all open items in the Wynn letter of August 29, 2006 . No action was taken by the Planners . Glazier Major Subdivision (Prime Properties) TMP# 30-8-93 – 119 Center Hill Road Applicant grants 60-day extension to 10/17/06 dated 8/17/06 Prime Properties dated 8/25/06 ; Romeo Corr. Dated 8/29/06 Zoning Residential E. Tobin, attorney for the applicant, and W. McNaney, project engineer were in attendance. B. Sadow commented that any open items in the review letters would have to be discussed with the Township Engineer, S. Baluh. E. Tobin and the Planners reviewed the Wynn Assoc letter of June 26, 2006. #2 Will Comply: Applicant will pay $3,000.00 per new lot in-lieu-of recreation land. Park & Rec Board does not recommend recreation land for less than seven acres. #3 Will Comply: A well protection agreement will be prepared by the applicant to extend for a period of two years beyond the date of final occupancy. #4 Will Comply: A Jurisdictional Determination by the A.C. of Engineers has been received. #5 Completed: Revised Narrative Summary in response to P-Hydro and EAC reviews. #6 Configuration: Applicant reviewed and there are still some lots which do not meet Township requirements, due to the configuration of the land. Planners will forward to the Board for their review/comments. #7 Will Comply: Lot #8 owner will be responsible for maintenance of island area. #8 Will Comply: There is now a 28’ cartway with Belgian Block curbing on one side and sidewalk on the other. #9 Will Comply: Applicant has an agreement for the site distance triangle. #10A thru C Will Comply: Ownership and maintenance of stormwater management facilities responsibility of the lot owners. A recommendation had been made by the Planners to increase the size of the detention basin which flows onto Kintner Hill Road by 10%. W. McNaney commented that the water flow is being decreased from 100% of the pre-development rate to between 74-81%. This had been from the inception of the plan and is 20% more than required. Planners once again requested deed restriction of the two larger lots. #11 Will Comply: Approval received from the B.C. Conservation District and applicant has applied for an NPDES permit. #12 No Response: The servicing fire company has not responded #13 : Addressed Sewage Facilities Planning Module on the July 26, 2006 Wynn letter. #14 Will Comply : Monumentation will be installed. #15 Will Comply : One street light to be installed at the intersection of the cul-de-sac street and Center Hill Road . #16 Comment : Area within the ultimate right-of-way of Center Hill and proposed cul-de-sac street offered for dedication to the Township. #17 Conveyance : Applicant will offer the strip of land containing the existing driveway to the adjoining property owner TMP# 30-8-100, or remain part of Lot #9. #18 Approved : The Post Office has been contacted and approved the street name of ‘ Peri Court ’. #20A thru C Will Comply : Engineering/drafting detail review comments. E. Tobin and the Planners reviewed the Wynn letter of July 26, 2006. #1 Will Comply: An NPDES permit has been issued from the B.C. Conservation District. #2 Completed: P. Stampl, Prime Properties and Mr. & Mrs. Romeo have reached an agreement with regard to the easement required for PennDOT site distance. Township has requested a copy of same. It will be given to T.J. Walsh prior to BOS meeting. #3 Received: Sewage Facilities Planning Modules have been received by the Township, awaiting response. N. Janyszeski commented about the triangular shape of one of the lots and the waivers that were granted. E. Tobin noted that this tract of land is an odd shape. When asked about the hardship, M. Kulp commented that it is the inability of the builder to physically comply based on the existing geography of the property. S. Duffy requested the basis for the two-year well agreement and that the applicant had noted that they would look into increasing the timeframe. The recommendation would be made by the Supervisors and the Township Solicitor. The Planners noted that since all the issues have been addressed this will be passed onto the Board. Concerns were voiced concerning the size of the retention basin and increase of water flow onto Kintner Hill Road . The applicant will plant vegetation in the NE corner of Lot #2 to help with this problem. A. Balogh again questioned the hardship for the developer. B. Sadow commented that there is a lot width to depth ratio that cannot be met. E. Tobin commented that lot configuration has nothing to do with stormwater. The hardship is caused by the configuration of the tract of land which is a legal hardship and no one can do anything about. The Planners have done what they can and the decision will be left with the BOS. A motion was made by C. Bahnck, seconded by A. Santopietro, to recommend that the BOS approve the preliminary plan for the Glazier/Prime Properties Subdivision contingent upon review of the stormwater issues by the Township Engineer and that deed restrictions from further subdivision be placed on the two larger lots. 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 8/31/06 Zoning Commercial E. Pelligrino, Engineer for the project, Dave Slifer and Chuck Reimann of Wehrung’s were in attendance. Phase I improvements include the proposed construction of an 8,000 sq. ft. millwork building addition to the existing building and additional paving to gain access to the rear of the facility. The proposed onsite stormwater management system will include minor modifications. E. Pelligrino and the Planners reviewed the Wynn letter of August 31, 2006. #1 Will Comply: Applicant will clarify that the proposed plan is for Phase I only. #2 Will Comply: Waivers requested for the limited improvements proposed are specifically for Phase I and have not changed. #3 Will Comply: Hours of operation – 7AM-5PM with two employees. No customer service is proposed for this building. A narrative will be provided. #4 Will Comply: A breakdown of sewage flows from the expanded facility will be provided to Steve Baluh. #5 Will Comply: Water usage will be identified and provided to the Township. The fire alarm will be extended to the proposed new building. The Planners noted the added square footage will require the development of an adequate water supply. E. Pelligrino noted the fire access doors to the building. #6 Will Clarify: Applicant will revise Stormwater Management narrative. #7 Will Comply: Verification from B.C. Conservation District will be forthcoming. An NPDES permit will be obtained. #8 Will Propose: The plan will include two wall packs for security lighting. #9 Will Comply: Development/Financial Security agreement will be executed. #10 Awaiting Review: EAC has received submission and will send their comments. #11 Comment: The Engineer’s comments relate to Phase I only. Phase I should specify that separate land development approval is required prior to Phase II construction. The Planners suggested that the applicant look into fire suppressant systems for these buildings. R. Balbirer requested an update of the PennDOT permit applications. PennDOT correspondence noted several conditions that the applicant must adhere to prior to granting of the HOP including, but not limited to, grading, resurfacing of the highway, and discharge of water from proposed basins. Phase II will cover these concerns. No action was taken on Phase I by the Planners . NEW BUSINESS:Hanson Aggregates BMC – Quarry Rezoning Memo/Clemons & Assoc dated 6/27/06 Letter sent to BCPC for review Wynn Review letter of 8/29/06 The Planners tabled this item. They are awaiting a review letter from the B. C. Planning Commission. OLD BUSINESS: There was no old business PUBLIC COMMENT: J. Petersen noted that comments had been received from B. Baizel and suggested that the Planners forward the Proposed Amendments to the Oil & Gas Ordinance #126 to the Board of Supervisors and set up a special meeting. When asked, the Planners commented that a special meeting was not needed and suggested that T.J. and Steve review the B. Baizel letter. The Planners reviewed segments of the letter including, bond issues, setbacks, State laws, drilling noise levels, hours of operation, and maintenance. A motion was made by A. Santopietro, seconded by M. Kulp, to forward to the Board of Supervisors, to T. Clemons office, and the Engineer the revised review of the proposed amendments for Ordinance #126 dated August 14, 2006 - Oil & Gas Accountability Project and that The Board recommends/appoints two people to answer any questions that the Solicitor may have, and that they take the harder line. A. Santopietro amended his motion, seconded by M. Kulp, to remove ‘that they take a harder line’. The motion carried 6-0-0. C. Bahnck commented that since he was not here when comments were forwarded to B. Baizel, he believes that a few residents are not only trying to control, but eliminate gas drilling in the Township. M. Kulp commented that the law should not be too restrictive, but that the Planners should recommend that the Board put a law on the books that protects the majority interests of the residents. J. Petersen requested that the Planners review the proposed Light Ordinance that was copied to the Planners . It will be addressed at the October meeting. B. Keyser questioned the definition of ‘hardship’. B. Sadow suggested that he talk with T.J. CORRESPONDENCE: A. Cobbler Road L.P. – P-Hydro review letter B. Cobbler Road L.P. – grants extension to 12/27/06 C. Sal Lapio Homes ( Harrow Manor) – EAC review letter D. Sal Lapio Homes ( Harrow Manor) – PADEP review letter E. M. Stout – Response to Zoning Officer letter F. Przyuski Family Restaurant – application for Planning Modules G. Nockamixon Farm – Final SFPM for L/D of Subdivision H. EAC – Proposed Oil & Gas Amendment to Ordinance #126 I. Hanson Quarry – e-mail from S. Donovan J. Wynn Assoc – Sub/Land Development Plan Status 8/30/06 A motion was made by R. Balbirer, seconded by C. Bahnck, to recommend that the Board of Supervisors grant an extension, if requested by the September Board meeting, for the DeAngelis Subdivision. The motion carried 6-0-0. ADJOURNMENT: A motion was made by B. Sadow, seconded by A. Santopietro, to adjourn the Planning Commission meeting at 9:50 PM . The motion carried 6-0-0. Respectfully submitted, Arlene Eichlin , Township Secretary
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