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NOCKAMIXON TOWNSHIP

PLANNING COMMISSION MINUTES

TUESDAY, NOVEMBER 7, 2007

ROLL CALL:

Members Present:

B. Sadow, Chair Attendees:

R. Balbirer Supervisors:

T. Keebler B. Keyser

A. Santopietro N. Janyszeski 8:45 PM

Township Engineer:

Members Absent: S. Baluh

D. Haubert, Vice-Chair

M. Kulp

C. Bahnck

OPEN MEETING:

Chair B. Sadow opened the November 7, 2007 Planning Commission meeting with a salute to the flag at 7:35PM.

APPROVE MINUTE: A motion was made by R. Balbirer, seconded by T. Keebler, to approve the October 2, 2007 as presented. The motion carried 4-0-0.

SUBDIVISIONS:N. Peter Kerl, 3-Lot Subdivision, Preliminary Plan

TMP# 30-8-13 – 659 Kintner Road, Residential Zoning

Wynn Review Letter of 10/31/07

E. Pellegrino of Urwiler & Walter, engineer for the plan, along with the applicant N. Peter Kerl were in attendance. A 3-lot subdivision is proposed on this mostly wooded 98.07 acre parcel located on Kintner Road in Durham and Nockamixon Townships. Lot#1 consists of 2.515 acres, Lot#2 of 5.161 acres and Lot#3 consists of 90.8 acres. The remaining 88.8 is identified for a conservation easement. There is an existing pole barn and driveway on Lot#2.

E. Pellegrino and the Planners reviewed the Wynn Associates letter of 10/31/07.

#1 Will Comply: Add signature block for Durham Township.

#2 Incomplete: S. Baluh commented that the waterway, pond and associated waterways are under negotiation for preservation and he would agree that all sensitive areas are in the conservation easement. E. Pellegrino noted that a meeting will be held shortly with the Heritage Conservancy and the applicant did not want to approach the Heritage Conservancy until they had submitted the plan to the Township. The Planners will wait for a determination by the Heritage Conservancy.

#3 Will Comply: The applicant will pay a fee in-lieu-of improvements in the amount of $3,000.00 per new building lot.

#4 Will Comply: Applicant will respond to the comments received by the Township environmental consultant and Environmental Advisory Council.

#5 Will Comply: A signed and sealed legal description for the dedication of the right-of-way for Kintner Hill submitted to the Township for review.

#6 Will Comply: E. Pellegrino noted that the BMP’s will be moved farther from the house. The maintenance program will be prepared and submitted for review.

#7 Will Comply: An NPDES permit will be obtained for discharge of stormwater runoff during construction.

#8 Will Comply: The sight distance measurements will be taken and the appropriate action to remove any obstructions.

#9 Will Comply: Proposed wells will be installed and tested prior to plan approval.

#10 Will Comply: Preliminary Sewage Facilities Planning Modules has been included. In addition to sand mounds, Lot#2 will require an IRSIS back up.

#11 Will Comply: Installation of property monumentation prior to plan recordation.

#12 Will Comply: Development/Financial Security Agreement entered into with the Township.

#13 Additional Input: E. Pellegrino commented that the access to the conservation easement will be through Lot#2 and precluded from further development. The Planners suggested that they base the decision on the comments from the Heritage Conservancy and note on the plan.

#14 Will Comply: Drafting/Engineering detail comments will be addressed on the plan.

R. Balbirer requested widening of Kintner Road from 16’ to 20’ down to the curve. E. Pellegrino will offset and review the impact. The Planners took no action on the plan. The applicant will bring back information from the Heritage Conservancy.

J. Petersen was concerned with the amount of trees that will be removed and the location of the septic on Lot#2. The applicant will review tree removal for each individual lot and repositioning of the sand mounds and additional soil testing. S. Baluh commented that the applicant is within the tree clearing allowance. A letter from the servicing fire company and ambulance squad was requested by the Planners.

J. Petersen commented that the IRSIS requires 100’ isolation distance from waterway.

Christman Tract, 18-Lot Subdivision, Preliminary Plan

TMP# 30-4-84; -102 & -104 – Church Hill & Frogtown Rds.

Residential Zoning

S. Baluh had spoken with the applicant and indicated that a technical review would not be available for this meeting due to the complexity of the project. The applicant was given the opportunity to attend. B. Sadow would offer no comment until he receives the Engineer’s technical review. The EAC requested that the environmental consultant for the applicant and M. Gallagher from P-Hydro be present at the meetings when the Christman Tract will be discussed. The Planners made a recommendation to the Board of Supervisors that the Environmental Consultant M. Gallagher of P-Hydro be present at the Planning Meetings to review the Christman Tract Plan. S. Mendelson read a short letter regarding this subdivision. The Planners took no action on the plan.

LAND DEVELOPMENT:Harrow Station LLC – L/D & Lot Line Change – Senior Housing

TMP# 30-11-30-3 & - 7 – 4004 Durham Road

Commercial Zoning

Wynn Review Letter of 11/1/07

J. VanLuvanee, attorney for the applicant, and G. Neebe, applicant were in attendance. He commented that this is a preliminary plan and the proposed Senior Housing is a conditional use. Before a review by the Planning Board and the Board of Supervisors, a conditional use hearing is required. The application has been filed with the Township. No recommendations are being asked of the Planners tonight. J. VanLuvanee, the Planners and S. Baluh reviewed the Wynn Associates letter of 11/1/07:

#1 Comment: The applicant has applied for a Conditional Use hearing.

#2 Comment: There is an easement over the adjacent property and the paperwork will be forwarded to the Solicitor and the Engineer. The Planners wanted to know why the driveway was not shown as requested. J. VanLuvanee commented that it would encompass 800’ of driveway and also crosses wetlands. The preliminary reviews indicate that the Rte 412 access is preferable. The applicant will black top to the driveway entrance to the Community. The planners noted that shared driveways are not recommended by the Township. It will be 26’ wide, built to Twp specs though they would not be responsible for maintaining. An association will be responsible.

#3 Comment: The final design has not been submitted at this time for the PennDOT Highway Occupancy Permit.

#4 Will Comply: Delineate how the applicant meets the 20% open space and recreation areas to be included in this plan. It will be shown on the revised plan, and prior to the conditional use hearing. Walking path will be widened from 4’ to 8’.

#5 Pending: An application has been filed for jurisdictional determination by the A.C. of Engineers. Complete design details will be forthcoming where the walking path crosses the pedestrian lane/emergency access and utility lines cross the wetlands.

#6 Will Comply: The Lot line change will be adjusted between the restaurant parcel and the senior housing parcel. R. Balbirer asked if the applicant would be willing to dedicate the ultimate r-o-w in the front of the restaurant area. Applicant agreed to continue the curb line from the Catholic Church to the restaurant for the deceleration lane.

#7 Will Comply: applicant will design the loop road and the main entrance drive to meet minimum public street standards (26 feet).

#8 Will Comply: Landscape plantings will be installed in the parking areas and access roads. No waiver was requested.

#9 Will Comply: Applicant will install stormwater management in accordance with Ordinance #106 of Nockamixon Township. Testing is scheduled in the next couple of weeks and they will comply with the results regarding the absorption area.

#10 Will Comply: The applicant recognizes that an NPDES permit will be required for the stormwater runoff during construction activities.

#11 & 13 Will Comply: Water use calculations will be submitted for review. The applicant estimates water usage of less than 10,000 gallons per day (gpd) (175 gallons per unit). Currently the sewage facility is running at two-thirds capacity, it can accommodate 15,000 gpd. PADEP has inspected the site and information will be forthcoming.

#12 Will Comply: Plan to be submitted to Emergency Services and responses will be provided to the Township. A stand pipe was suggested by the Township. Applicant will discuss with the Building Inspector. Installation of signage.

#14 Will Comply: The layout/design for the utility (sanitary sewer, water and storm sewer) will be improved to submitted for Township review.

#15 Will Comply: Adequate low intensity lighting is needed and a lighting diagram will be submitted.

#16 Clarification: Design and grading of the pedestrian path/emergency access to Harrow Station.

#17 Will Address: Engineering design plans will be submitted for the shared access adjacent to St. John’ Church.

#18 Lack of detailed design information included in the plans, as identified above, are required in order to do a comprehensive review.

The applicant noted that there is a Community well located at the Harrow Station Complex and no new wells are proposed. The applicant has applied for a Conditional Use Hearing. The Planners took no action on the Harrow Station Land Development.

NEW BUSINESS: There was no new business

OLD BUSINESS: Proposed Well Water Ordinance

B. Sadow commented that this is a work-in-progress and the Planners tabled until the November 12, 2007 Joint Work Session.

Water Meter Records

S. Baluh commented that Board requested that an administrative procedure should be in place for businesses with well meters to report meter readings. The Planners noted that the following businesses in the Township have water meters on their wells: Revere Center, Harrow Station, Specialty Woods, J. Fritz, Marble Source and Lackland Storage. S. Baluh will compile a list of properties for the Township. They requested that the Zoning Officer set up a schedule to monitor wells by obtaining quarterly reports and to monitor these wells with both planned and random on-site visits. They recommended a resolution by the Board of Supervisors related to these reports and inspections.

PUBLIC COMMENT:

-K. Schneider commented that residents around the Christman Tract have told him that their wells are less than 100’ from the septic sites on this subdivision. He would like to the Planners to be consider this during their plan review. – Also, a petition has been presented to the Planners requesting that Frogtown Road be brought up to PennDOT specs when entering a State Road. – He commented that the walkway shown on the Harrow Station LLC 55+ Housing plan currently goes only to the Turkey Hill. The applicant might want to consider additional walkways.

-J. Petersen requested the status of the Glazier/Prime Final Plan. It was noted that it is on the December Board of Supervisors Agenda. – He asked for a schedule to discuss the Proposed Flexible Development Ordinance and Act 537 Plan. B. Sadow commented that each proposal will be taken individually.

-S. Tenney requested a follow-up on pending legislation regarding moratoriums on subdivision and land developments. It was noted that the Solicitor’s office follows these amendments. A. Eichlin will contact the Solicitor’s office for a follow-up

CORRESPONDENCE:

A. EAC – September Minutes dated - 10/15/07

B. Wynn – Wehrung Land Development Phase I – 10/4/07

C. PPL – Pipeline Safety - 10/24/07

D. Conditional Use Application – Harrow Station LLC-55+ Housing 11/2/07

E. EAC Review Letter – Glazier/Prime TMP# 30-8-93 -- 10/28/07

F. Wynn Sub/Land Development Plan Status -11/1/07

ADJOURNMENT:

A motion was made by R. Balbirer, seconded by A. Santopietro, to adjourn the Planning Commission meeting at 9:25 PM. The motion carried 4-0-0.

Respectfully submitted,

Arlene E. Eichlin

Township Secretary

Nockamixon Township Planning Commission 11/20/07