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YOU NEED A PERMIT IN NOCKAMIXON

NOCKAMIXON TOWNSHIP

PLANNING COMMISSION MINUTES

TUESDAY, JUNE 5, 2007

ROLL CALL:

Members Present: Attendees:

Bill Sadow, Chair Supervisors:

Dave Haubert, Vice-Chair ( 7:42PM) B. Keyser

Albert Santopietro N. Janyszeski

C. Bahnck

Thomas Keebler ( 8:00 PM) Township Engineer:

S. Baluh

Members Absent:

Robert Balbirer

Mark Kulp

OPEN MEETING:

Chair B. Sadow opened the June 5, 2007 Planning Commission meeting with a salute to the flag at 7:42PM.

SUBDIVISIONS: D. Gross/Beaver Run, (3-Lot) Preliminary/Final

TMP# 30-11-168, Residential Zoning

Response to EAC letter 5/24/07

Well Results Lot #2 & Lot #3

Extension to 8/3/07

The applicant, D. Gross, attended the meeting. M. Matczak, President of Cobblestone Building Group, was also in attendance.D. Gross commented that he received the latest review letter from the EAC at 4:45PM today and objected to the untimely receipt. He has had no time to review any of their comments. S. Baluh noted that he received the letter tonight, and had not reviewed. D. Gross, the Planners and the EAC reviewed the EAC letter dated and received June 5, 2007.

1. Natural Resource Mapping: Rapp Creek is noted on the Drawing. Plan submitted prior to Residential Rezoning of September 22, 2005 falls under Village Center Zoning requirements.

2. Section 4M Wetlands: Applicant was granted relief from the Army Corps of Engineers (ACOE) Jurisdictional Determination in August 2006. The ACOE was contacted and the time frame would be 6-8 months. Wetlands were removed from the plan per their request.

3. Floodplains and Floodplain Soil: An error was on the original plan, and has been corrected per ACOE site visit. Refer to resubmission.

4. Streams & Watercourses: It was noted by the applicant that Rapp Creek is not on his property. Debris on his property has been removed.

5. Tree Protection Zone: Will discuss when driveway is installed. Note during pre-construction meeting.

6. Woodlands: Each homeowner can remove 10% of the woodlands. They will adhere to these requirements. Trees in the creek line do not belong to this property. Note during preconstruction meeting.

10. Section 4N: Well tests were conducted.

13. Narrative Summary & Environmental & Cultural Impact Assessment: The applicant will comply with requests on the review.

The applicant is requesting preliminary/final approval of the plan and noted the items that have been addressed including the well report, EAC comments, Planning Module approval, B.C. Conservation District, NPDES Report and Operation & Maintenance agreement. Financial Security Agreement will be forthcoming. A motion was made by C. Bahnck, seconded by T. Keebler, to recommend that the Board of Supervisors grant Preliminary/Final approval of the D. Gross/Beaver Run Subdivision, TMP# 30-11-168 with the final items being resolved prior to final approval. The motion carried 5-0-0.

Prime Properties a.k.a. Park View Estates

10-Lot Subdivision, Revised Preliminary Plan

TMP# 30-14-10-2 – Foellner Lane & Fink Drive

DelVal Soil – Comp. 2 & 4 Planning Modules Review 5/25/07

BCPC- Comp 2 & 4 Planning Modules Review 5/23/07

P-Hydro Review letter of 5/10/07; Waivers 5/1/07;

EAC Review letter of 5/30/07; Wynn Review Letter of 5/30/07

E. Tobin, attorney for the applicant, K. Clauss, P.E. of Schlosser & Clauss, and Wm. Palkovics, President of DelVal Soils & Environmental Consultants attended the meeting. The applicant is seeking preliminary approval.

The Planners and E. Tobin reviewed the EAC letter of May 30, 2007.

3. Will Comply: The applicant will make the necessary changes.

4. Statement: Regarding: Sewage Facilities

5. Testing: Wm. Palkovics commented that there will be no adverse impact on the wells.

6C. Approval: They have approval and will take the necessary steps to complete.

6E & F Statements: They did not comment.

Under the recommendations the applicant will restrict the lots against further subdivision, but there will be no conservation easement. No lighting is proposed for the subdivision. They will pay a fee in-lieu-of for recreation land

7. Will Comply: The information regarding stormwater management is accurate and consistent. They will make changes, if needed. S. Baluh was comfortable with the notes that were submitted.

8. Withdraw: The applicant agrees to accept the condition of final approval to withdraw the 15-lot subdivision plan in writing.

The Planners, E. Tobin, and S. Baluh reviewed the Wynn letter of May 30, 2007.

2. Will Comply: The applicant will review the EAC letter.

3. Will Comply: A fee in-lieu-of the dedication of recreation land will be paid to the Township.

4. Waiver Request: The applicant has requested several waivers.

5A & F Will Comply: The owner of Lot #6 will maintain the drainage basin. The applicant will grant the Township access to this easement, if not maintained properly, via the driveway on this lot. A maintenance agreement will be drawn up and signed by the property owner. The Riparian Buffer on Lot #7 is not noted on the plan and S. Baluh commented that is not included in the other protective easements. Applicant will note on the plan.

6. Will Comply: An application has been submitted to the B.C. Conservation District.

7. Will Comply: A well impact agreement will be executed by the applicant.

8. Requested Approval: If the Planning Commission grants plan approval, the applicant is requesting that the Planning Modules be approved also.

9. Waiver: Street lighting is not proposed.

10. Will Comply: Signed copies if the legal descriptions for proposed drainage easements will be submitted for review.

11. Will Comply: Applicant will note in the deed that it is not to be shown as a separate lot, but that ‘Parcel A’ will become part of the Jones Tract.

13. Will Comply: Development/Financial Security Agreement will be executed.

14. Condition: Withdraw 15-lot Subdivision as condition of Final Approval.

15. Will Comply: Sheets 1 thru 5 of 24 will be recorded as a set.

S. Baluh commented that it is a Comp. 2 Planning Module which requires the completion of the Comp. 4A and a recommendation by the Planning Modules. The Board of Supervisors will approve a Resolution at their meeting. A motion was made by C. Bahnck, seconded by A. Santopietro, to recommend to the Board of Supervisors preliminary approval of the Park View Estates Revised Subdivision Plan, Foellner Lane and Fink Drive, TMP# 30-14-10-2 contingent upon all items and issues in the Wynn letter of May 30, 2007 are satisfied. The motion carried 5-0-0.

A motion was made by A. Santopietro, seconded by T. Keebler, to recommend that the Chairman sign the Component 4 Planning Modules. The motion carried 5-0-0.

A motion was made by C. Bahnck, seconded by T. Keebler, to grant the following waiver requests for Prime Properties/Park View Estates from Sections 196-506, 196-512, 196-513 and 196-516 regarding street improvements along Foellner Land and Fink Drive and from Section 196-526 regarding street lights, to avoid the additional light impact on the surrounding area and maintain the rural character of the area. The motion carried 5-0-0.

APPROVAL OF MINUTES:

A motion was made by A Santopietro, seconded by D. Haubert, to approve the May 1, 2007 Planning Commission Minutes as presented. The motion carried 4-0-1 with C. Bahnck abstaining. He did not attend the meeting.

Glazier Major Subdivision – Planning Module Approval

S. Baluh commented that the Planners had recommended initial approval for the plan. Steve is requesting a motion to approve signature of the planning modules so they can be forwarded to the Supervisors. A motion was made by A. Santopietro, seconded by T. Keebler, to direct the Chairman to sign the Component 1 Glazier Planning Modules. The motion carried 5-0-0.

NEW BUSINESS:Set Date for Quarry Inspection

S. Baluh commented that D. Hill, Environmental Mgr. for Hanson Aggregates BMC, was unable to attend the meeting. The annual packet has been received but not reviewed. In addition to two Saturdays, June 16 and June 23, 2007 at 8:30 AM, D. Hill suggested any Friday afternoon. It was the consensus of the Planners to inspect the quarry on Saturday, June 23, 2007 at 8:30 AM. C. Bahnck and A. Santopietro, Engineer S. Baluh, also two members from the EAC, BNTJGWC and Board of Supervisors will attend.

A. Eichlin commented that it has been brought to her attention that several Planning Commission members were quite verbal about getting their meeting information too late and would like paperwork sent via e-mail. She does not recall being approached by anyone with this request. After a short discussion, it was the consensus of the Planners that if an issue on the agenda needs to be reviewed several days prior to the meeting, send an e-mail and/or call the members advising them to pick up the paperwork.

OLD BUSINESS:Work Session Monday, June 11, 2007 @ 7:30 PM

PUBLIC COMMENT:

-P. Maynard commented that she had never been contacted regarding the Park View Estates subdivision. S. Baluh read the required distance to notify surrounding property owners from the Zoning Ordinance. She also complained about the back up of cars at the Tower Road/SR611 intersection.

-K. Schneider thanked members of the Palisades Conservancy for attending tonight’s meeting. He commented about the traffic counts at various intersections on SR611 and how development affects traffic patterns, ground water, and population.

-S. Tenney commented that the Planners suggest to the Board that any development plans received be noted on the Website and included in the newsletter.

-A. Balogh added that they should also be sent to the newspaper.

-A resident noted that when meeting dates are changed, no information was available on the website. Suggested that it be shown on the website.

-T. Stone requested information concerning the Ealer Hill Bridge, Kintner Hill/SR611 repairs. S. Baluh commented that he had no conversation with Bucks County about the bridge. He spoke with R. Martin of PennDOT and they have no timeline for the reconstruction of the bank along Kintner Hill/SR611.

-B. Fontenot wanted to know the status of repairs for the Ferndale Bridge on Church Hill Road. S. Baluh commented that plans are complete, but there is no date for reconstruction.

CORRESPONDENCE:

A. Hanson Aggregates BMC – Quarterly Reports – 5/2/07:

B. PADEP – Hanson Operating Permit & Blast Reports – 5/25/07

C. BC Dept of Health – Revised Individual Residential Well Regs – 4/16/07

D. BNTJGWC - March & April Minutes

E. Nockamixon Township-Reimbursement Procedures/Expenses – 4/17/07

F. Benedict Subdivision Extension to 6/30/07 – dated 5/11/07

G. Benedict Subdivision Extension to 8/31/07 – dated 5/31/07

H. Wynn Sub/Land Development Plan Status – 5/30/07

S. Baluh commented that extensions have been received from Benedict, and Glazier is scheduled for the June Board of Supervisors meeting. A motion was made by A. Santopietro, seconded by C. Bahnck, to recommend to the Board of Supervisors to deny the plan for Cobbler Road (6/30/07) and the Land Development for Nockamixon Crossing Shopping Center (6/20/07) if they have not granted an extension by the June 19, 2007 Board of Supervisors meeting. The motion carried 5-0-0.

ADJOURNMENT:

A motion was made by A. Santopietro, seconded by T. Keebler, to adjourn the Planning Commission meeting at 9:29 PM. The motion carried 5-0-0.

Respectfully submitted

Arlene E. Eichlin

Township Secretary