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NOCKAMIXON TOWNSHIP PLANNING COMMISSION
MINUTES - APRIL 3, 2007

ROLL CALL:
Members Present:                          Attendees:
Bill, Sadow, Chair                        Supervisors
Dave Haubert, Vice-Chair          B. Keyser
Mark Kulp                                 N. Janyszeski
Carl Bahnck
Albert Santopietro                        Township Engineer:
Thomas Keebler                            S. Baluh

Members Absent:
Robert Balbirer

OPEN MEETING:
Chair B. Sadow opened the April 3, 2007 Planning Commission meeting with a salute to the flag at 7:35 PM.

APPROVAL OF MINUTES:
A motion was made by A. Santopietro, seconded by T. Keebler, to approve the minutes of the March 6, 2007 meeting as presented. The motion carried 6-0-0.

SUBDIVISION:            William Glazier Subdivision Final Plan
                        Center Hill Road – TMP# 30-8-93
                        Residential Zoning
                        Wynn Review letter of 2/28/07
                        PennDOT Incomplete HOP 2/20/07
                        BCDH – Plan. Module Approval 3/23/07
E. Tobin, Eastburn and Gray, was in attendance on behalf of the applicant. Also in attendance was Wm. McNaney, Project Engineer for the plan. E. Tobin reviewed the Wynn Associates review letter of February 28, 2007 with the Planners. He commented that the Board of Supervisors had requested that the applicant submit additional names for the road, Perry Court.
#1 & # 2 Will Complies: Applicant shall contribute $3,000.00 per lot ($27,000.00) to the Township in-lieu-of open space land – Enter into a well loss protection agreement with the Township.
#3 Comment: Address comments received from Princeton Hydro LLC/Environmental Advisory Committee.
#4 Will Comply: Included in deed or become a part of the Covenant to Lot 8.
#5 Pending: Applicant will resubmit plan with comments to PennDOT for HOP.
#6 Will Comply: Make the transfer to the Romeo’s and coordinate with the Township Solicitor. Lot line adjustment will be completed.
#7 Comments: Property owners across the street were approached however, they were not agreeable to the installation of trees. Mr. Chabot commented that, after the road has been installed, evaluate the situation and alleviate the problem as much as possible with some allowance from the builder as to the amount of trees that may be needed. S. Baluh noted that if the builder is generally agreeable to that concept, perhaps E. Tobin and the Township Solicitor could incorporate language into the development agreement and revisit toward the end of the project. Mr. Chabot was in agreement and trees will be planted.
#8 Comment #9 & #10 Will Comply: Approval letter has been received from BCCD – Operation & Maintenance agreements will be executed prior to forwarding plans to the PADEP – Applicant will install monumentation prior to the recording of the plan.
#11 Comment: Legal descriptions are currently under review by the Township Engineer.
#12 Will Comply: The Planners reviewed the names suggested by the applicant. They deferred consideration of the road name to the Board of Supervisors.
#13 Will Comply:  Applicant will shorten the shared area of the driveway and split into two according to Township Engineering specs.
#14, #15, and #16 Will Comply: Record the Declaration of Covenants, Easements and Restrictions in a form approved by the Township Solicitor – Details of the restoration/removal of the existing stone driveway will be included in the plan -  Execute the Development/Financial Security Agreement between the Township and the applicant to guarantee installation of ‘public’ improvements. Submit an ‘opinion of cost’ for review.
B. Sadow commented that PennDOT is the only outstanding permit. J. Petersen, EAC Chairman, had additional comments for Item #3 including the loss of large trees when complying with the site clearance of the Romeo property, protection of the Waters of the U.S. in the form of an easement on properties that may impact streams, tree line on the east side of the road entrance does not show protection during construction and Basin #2 and the erosion that may occur. S. Baluh commented that the Solicitor’s office could include protection of the Waters of the U.S. in the Declaration of Covenants and Easements. Wm. McNaney commented that the trees on the east side are outside of the area to be disturbed during construction. He explained that a depression could be installed to prevent erosion by this basin with the Township Engineer, if warranted. S. Baluh agreed.
A motion was made by C. Bahnck, seconded by  M. Kulp, to recommend to the BOS to approve the Final plans for the William Glazier Subdivision contingent that all outstanding items in the Wynn Associates letter of February 28, 2007 are resolved in a satisfactory manner to the Township. The motion carried 5-1-0 with A. Santopietro voting nay. B. Keyser commented that he thought that the Planners were going to make sure that everything was completed on the plan prior to sending to the Board. The PennDOT HOP is the only outstanding issue and the Township has no control over them.

NEW BUSINESS:           Hanson Aggregates BMC, Inc.
                        Quarry Road – Tmp# 30-11-100 – Proposed Quarry Rezoning
                        BCPC – Review Letter 2/7/07
                        Eastburn and Gray, P.C. – 03/13/07; 03/15/07
J. VanLuvanee, Eastburn and Gray, attorney for the applicant provided background to the Planners. In attendance were the following Hanson Aggregates BMC, Inc. representatives: M. E. Kendrick, Vice President, L. S. Lauritzen, P.E., and D. Hill, Manager. L. F. Vittorio, Jr, P.G., a Hydro-geologist and V. President of ERG (EarthRes Group) also attended the meeting. Hanson Aggregates BMC is requesting that the Township consider rezoning a 20-acre parcel surrounded by the Commercial ‘C’ District. He reviewed the correspondence that had been sent to the Solicitor, Engineer and the Planners. He considers this to be a logical extension to the existing quarry. This area has been covered by the Mining Permit since the 1980’s. The State (PADEP) reviewed the site in 2004 and their NPDES permit was renewed until 2009. They are requesting comments from the Planners and the EAC regarding the request for a zoning change. The Planners posed their questions and concerns regarding expansion that need to be addressed including, but not limited to, the number of years it will remain active (+6), the close proximity to gas tanks at Harrow Station and their response to the BCPC review letter. Mr. VanLuvanee commented that Hanson’s response was included in the December correspondence. In order to clarify further, Hanson will submit their response to the BCPC and copy the Township. L. Vittorio, Jr. explained the tests that were completed at the Quarry regarding the amount of groundwater that may be impacted. Their conclusion was that there would be no impact even though there would be an increase in the amount of water usage. When questioned, the applicant commented that there are no set plans other than water reclamation when quarrying is completed. Residents concerns included the berm, and the amount of additional land that will be permitted. S. Donovan noted that the berm was not in compliance with the ordinance. S. Baluh commented that it was a setback issue. He will locate the paperwork and forward to all parties. S. Donovan requested several hydro-geology reports from the applicant. ERG will forward these reports to the EAC. T. Fritz commented that there were several issues with surface water and requested an update. The Quarry has submitted a plan to DEP explaining how the water would be diverted into Rapp Creek and that they may be installing additional piping to direct water from the driveway. S. Donovan suggested that all information received be sent to Matt Mulhall, P.G., a hydro-geologist, for further review. A motion was made by A. Santopietro, seconded by C. Bahnck, to recommend that the BOS allow the EAC to use the services of Matt Mulhall, P.G. to review the data received from ERG and return to the Planning Commission with their results. The motion carried 6-0-0.
The Planners took no action on the rezoning.

REQUEST TO BE ON THE AGENDA:
                        T. Stone – Letter of Support – Growing Greener Grant
T. Stone was not in attendance. T. Fritz gave a short explanation of how the monies from the Grant would be utilized. The Planners requested additional information prior to approving a letter of support to rehabilitate an artificial berm on the Gallows Run Stream. The Planners tabled until next meeting.

CORRESPONDENCE:
      A. BNTJGWC – Minutes Jan/Feb 2007
      B. E. McArdle Sub – Sewage Facilities Planning Module (resubmission) 3/20/07
      C. EAC - Minutes February 2007
      D. Gartner Bldg Group – Response to EAC letter of 10/20/06 – 3/26/07
      E. Open Space – Minutes Jan/Feb 2007
      F. Wynn Sub/Land Development Plan Status – 3/30/07

A motion was made by A. Santopietro, seconded by T. Keebler, to recommend that the Board of Supervisors extend Sal Lapio Homes (Harrow Manor) Subdivision (4/30/07) and D. Gross/Beaver Run Road Subdivision if letters are received by the next scheduled Board meeting. The motion carried 6-0-0.

B. Keyser requested a meeting date to review the Comprehensive Plan, Zoning Ordinance, and SALDO. The Planners set a tentative date of Monday, May 14, 2007, 7:30-9:30 PM.

ADJOURNMENT:
A motion was made by T. Keebler, seconded by D. Haubert, to adjourn the meeting at 9:35 PM. The motion carried 6-0-0.

Respectfully Submitted,

Arlene E. Eichlin
Township Secretary