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NOCKAMIXON TOWNSHIP PLANNING COMMISSION
MINUTES
FEBRUARY 6, 2007
ROLL CALL:
Members Present: Attendees:
Bill Sadow, Chair Supervisors
Mark Kulp B. Keyser
Carl Bahnck N. Janyszeski
Albert Santopietro
Thomas Keebler Township Engineer:
S. Baluh
Members Absent:
David Haubert, Vice-Chair
Robert Balbirer
OPEN MEETING:
Chair B. Sadow opened the February 6, 2007 Planning Commission with a salute to the flag at 7:30 PM.
APPROVAL OF MINUTES:
A motion was made by C. Bahnck, seconded by T. Keebler, to approve the minutes of the January 3, 2007 Reorganization minutes as presented. The motion carried 5-0-0.
SUBDIVISIONS: Benedict Revised Preliminary
TMP# 30-11-1 – Zoned Residential
P-Hydro Review dated 12/27/06; Wynn Review Ltr – 01/26/07
Wynn letter – Sewage Facilities Planning Module – 12/29/06
D. Litzenberger, project engineer, was unable to attend the meeting. M. Hintenlang presented the revised plan. The applicants, Joyce and Matthew Benedict were also in attendance. M. Hintenlang reviewed the Wynn Assoc. letter of January 26, 2007 with S. Baluh and the Planners.
#1: A wetlands delineation report should be referenced on the plan.
#2 Will Comply: A contribution of $3,000 per new building lot will be made in-lieu-of improvements to the lot.
#3 Will Comply: Lots will be deed restricted from further subdivision and noted on the plan.
#4 Will Comply: There is a note and easement on the plan dedicating the ultimate right-of-way of Church Lane to the Township. Driveways will be paved in accordance with the Township Ordinance.
#5 Will Comply: The applicant commented that they have a letter from NOVA noting that there are no wetlands. They will respond to the P-Hydro review letter.
#6 Will Comply: A detention basin is proposed on Lot #1. An O&M agreement is required by the Township.
#7 Will Comply: An NPDES permit will be obtained for discharge of stormwater during construction.
#8 Will Comply: Well permits will be obtained from the Township and B.C. Department of Health.
#9 Will Comply: A letter and plan has been submitted to the servicing fire company.
#10 In Process: Planning Modules have been received by the Township and are here for signature.
#11 Will Comply: Installation of property monumentation.
#12 Will Comply: Will submit a Development/Financial Security Agreement.
#13 A thru F: These engineering/drafting detail review comments will be discussed with S. Baluh and notes added to the plan.
S. Tenney commented that the EAC review letter will be forthcoming this week for the revised plans that were submitted. B. Sadow commented that several items need to be delineated on the plan and there are still some outstanding permits. B. Keyser commented that the applicant may want to consider using the Township environmental consultant. It was noted by the Planners that it would be better to have two agencies reviewing subdivisions. After a lengthy discussion, S. Baluh commented that although there is an extensive list of items that need to be addressed, the wetlands are the primary concern. A motion was made by C. Bahnck, seconded by T. Keebler, to recommend that the Board of Supervisors grant preliminary approval of the Benedict Subdivision, TMP# 30-11-1, contingent on satisfactory resolution of the comments by P-Hydro, the EAC, and Wynn Assoc. letter of January 26, 2007. The applicant should not submit the plan to the Board for consideration until all conditions have been completed. The motion carried 5-0-0.
A motion was made by C. Bahnck, seconded by A. Santopietro to grant the following waivers to the Matt & Joyce Benedict Subdivision, TMP# 30-11-1: Sections 196-506, roadway widening; 196-512, curb installation; 196-513, sidewalks; 196-515, landscaping/trees; 196-526, lighting along Church Lane. The motion carried 5-0-0.
A motion was made by C. Bahnck, seconded by M. Kulp, directing the Chairman, B. Sadow, to sign the Sewage Facilities Planning Module for the Benedict Subdivision. The motion carried 5-0-0.
Cobbler Road, L.P.
Zoning Hearing Application
Benner & Wild letter dated 01/04/07
S. Baluh commented that an application was submitted to the Zoning Hearing Board by Benner & Wild on January 4, 2007 with a narrative that addressed the following variance requests: relief from the 200’ setback for the proposed community sewage facility; authorize the crossing of a water course and/or wetlands by the installation of a 120” corrugated metal pipe culvert, and on lot wells rather than a centralized water system. The Planning Commission is not obligated to take any action on these variance requests, however if there is something of significance that the Planners believe needs to be addressed, a recommendation can be made to the BOS to have representation at the Hearing for Township comments. A motion was made by M. Kulp, seconded by A. Santopietro, that the Board of Supervisors be made aware of the Planning Commission’s concerns with the Cobbler Road, L.P., TMP# 30-11-105 Zoning Hearing Board Application and request that they review the Wynn Assoc review letter of 11/30/06, the P.C. minutes, the documents supplied by the EAC on the All County Associates review letter of 11/14/06, with regard to the P.C. dissatisfaction with the plans specifically referenced items #1, 2 and 3 of their Zoning Hearing Board Application, including the location of their package treatment plant, the request to use a 120” corrugated metal pipe rather than concrete facility of some form and the variance on Section 234-43.B vis-à-vis single family wells vs. a centralized water system. Include observations and the list of items supplied by the EAC. The motion carried 5-0-0.
NEW BUSINESS: Planning Commission 2006 Annual Report of Activity –
A motion was made by A. Santopietro, seconded by T. Keebler, to approve the Nockamixon Township Planning Commission 2006 Annual Report of Activity as presented. The motion carried 5-0-0.
Tscheschlog, R. – Sketch Plan Review
Wynn Review Letter dated 02/02/07
S. Baluh and the Planners reviewed the Wynn Assoc letter of 02/02/07. The applicant, R. Tscheschlog was not in attendance. This is a proposed two lot subdivision on a 6.45 acre, oddly shaped lot. The 3.2 acre lot contains an existing dwelling and outbuildings. The 2 acre lot is vacant.
#1 Note: Overhead utility easements are required to be excluded from net lot area.
#2 Will Require: Preliminary plan must verify compliance with respect to the proposed clearing of woodlands. Clearing is limited to 30%.
#3 Lot Shape: Both lots are irregularly shaped and lot width exceeds depth making them both non-compliant with the Subdivision Ordinance.
#4: If the applicant requests a waiver from street improvements, then a fee in-lieu-of $3,000 per new building lot would be required if the waivers are approved.
#5 Information: Preliminary plan must include detailed information for proposed driveway on Lot 2. Site distance is an issue as well as steep slopes and drainage along the side of the road.
#6 Eliminate: An existing lane to the barn on Lot 1 encroaches on proposed Lot 2. The lane would have to be eliminated or create an easement to access. The Planners were not in favor of an easement.
#7 New Lot: A Stormwater Management Report is needed for the new lot.
#8 Planning Module: Two sewage disposal test areas are identified on the Plan. A planning module would be required.
#9 Wells: Drill and test well on Lot 2 prior to final plan approval.
#10 Recreation Fee: Must be contributed to the Township in accordance with current Township policy.
The Planners voiced their concerns regarding this plan including the irregular shape of the lots, site distance of the driveway, steep slopes, drainage along Center Hill Road and easements. No action was required by the Planning Commission.
Thomas S. Moser – Sketch Plan
The applicant, T. Moser, was in attendance. This is a 14.41 acre parcel with an existing mobile home, driveway, well, septic, and electric. He would like to subdivide into two lots, a six acre and 8.41 acre lot. There is an existing easement through Lot 1 for a shared driveway. The Planners commented that they were not if favor of shared driveways and prefer that the applicant divide the 50’ lane into two separate 25’ driveways. The creek that runs through Lot 2 will have to be evaluated for flood plains or wetlands and depending on the amount of buildable (ratio) area, additional property may be required for Lot 2. The Planners suggested that the applicant transfer part of the 8.41 acre parcel permanently to the six-acre lot. The length to width ratio would be more in line with zoning if the lots were more evenly subdivided.
OLD BUSINESS: Revised Proposed Amendment to Nock. Twp. Zoning Ordinance
Rezoning of Properties from VC, Village Center, to R, Residential
And from R, Residential to VC, Village Center
Village of Ferndale
The Planners reviewed letters from several residents requesting that their properties remain in the Village Center District. During the Comprehensive Plan update, it was brought to the attention of the Township that there was too much land in Village Center and advised to downsize. M. Comly of Bucksville, owner of a 1.4 acre parcel, and D. Sauter of Kintnersville, owner of a 1.006 acre parcel, requested that their property remain as Village Center. M. Giedgowd, who was not in attendance, advised this office that his barn and house will be in different zoning districts. S. Baluh commented that the Board could make changes at the February 27, 2007 public hearing. If that happens, it would be necessary to send any changes back to the Nock. Planning Board and the B.C. Planning Commission and the process would begin again. The Planners suggested that residents attend the hearing and voice their concerns to the Board.
Revisions to Proposed Amendment to Zoning Ordinance
Recovery of Subsurface Oil and Gas Deposits
The Planners discussed the revisions to the proposed amendment to the zoning ordinance for the recovery of subsurface oil and gas deposits. A. Santopietro commented that there may have been a miscommunication and that everything was entered back into the proposed amendment. He referred to the November 21, 2006 Memo from the Township Solicitor showing the included and excluded provisions for this amendment and that the Planners advise the Board what should or should not be included. When completed, send it to the Board to have B. Baizel review all the materials or have B. Baizel recommend a lawyer, in Pennsylvania, who is familiar with Oil and Gas ordinances or send it to Clemons for finalization. Focus on the following, protecting your neighbor and the community. The Planners discussed the drilling distance from chemical sites, and concerns with water use by the drilling companies should they decide to use this area for underground storage. A motion was made by A. Santopietro, seconded by T. Keebler, to recommend to the Board of Supervisors that they hire a lawyer from Pennsylvania who does Gas and Oil Ordinances as recommended by B. Baizel; send all materials for his review, and have him write the ordinance toward the protection of the environment, health, safety and natural resources of the Township. The motion carried 5-0-0. The Planners commented that they would like to hear from the OGA.
-A Santopietro commented that he would like the Board to consider a zoning ordinance that would no longer allow shared driveways in the Township and asked S. Baluh to approach the Board. S. Baluh noted that zoning already requires the 25’ lane and does not believe that is appropriate as a zoning ordinance.
-S. Mendelson commented that there will be a community screening of “The Inconvenient Truth” at the High School by “Students for Social Change” on March 22nd or 29th or April 12th or 26th.
PUBLIC COMMENT:
-S. Donovan referred to his memo regarding the upcoming meeting of the Upper Bucks Regional EAC on February 22, 2007 at 7:30 PM at the Springfield Firehouse. The theme is the new Stormwater Best Management Practices Manual being released by the PADEP. If anyone is interested, he will download the 500 page Manual to CD.
CORRESPONDENCE:
A. Sal Lapio (Harrow Manor) Subdivision extension letter
to April 30, 2007 – 01/09/07
B. Benedict Subdivision extension letter to May 31, 2007 – 01/12/07
C. BCPC – Prop. Amend to Z.O. – Recovery of Subsurface Oil & Gas
Review Letter – 01/03/07
D. Wynn – Route 611 Drainage – 12/29/06
E. Wynn- Revere Chem. Superfund Site – Quarterly Inspection Report – 12/28/06
F. Clemons e-mail – BCPC review of Hanson Quarry Rezoning – 01/12/07
G. BCCD – D. Gross/Beaver Run Road Sub. – letter of adequacy – 01/26/07
H. BCCD – Sal Lapio Homes – Harrow Manor – letter of adequacy – 01/16/07
I. Wynn – Nockamixon Township Act 537 Plan Update – 01/26/07
J. Cabot – Schedule for Site Closure – 01/04/07
K. Cobbler Response to EAC – 01/14/07
L. Wynn Subdivision/Land Development Plan Status – 02/02/07
A motion was made by A. Santopietro, seconded by M. Kulp, to recommend that the Board of Supervisors accept an extension for the D. Gross/Beaver Run Subdivision if received from the applicant. The motion carried 5-0-0.
ADJOURNMENT:
A motion was made by T. Keebler, seconded by M. Kulp, to adjourn the Planning Commission meeting at 10:05 PM. The motion carried 5-0-0.
Respectfully submitted,
Arlene Eichlin, Township Secretary
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