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NOCKAMIXON TOWNSHIP PLANNING COMMISSION
MINUTES - MAY 1, 2007

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

OPEN MEETING:
Chair B. Sadow opened the May 1, 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 M. Kulp, to approve the minutes of the April 3, 2007 meeting as presented. The motion carried 5-0-0.

SUBDIVISIONS:           D. Gross/Beaver Run, (3-Lot) Preliminary/Final
                        TMP# 30-11-168, Residential Zoning
                        PADEP – Exception Letter – 4/9/07
M. Matczak attended the meeting for the applicant, D. Gross. S. Baluh commented that this is a three-lot subdivision on Beaver Run Road with an existing dwelling on one lot. They were before the Planners in October 2006 when conditional preliminary plan approval was granted. Planning Module issues have been resolved. The only outstanding item is their NPDES permit. Information has been received from PADEP noting that a permit will be issued pending a response from the applicant’s consultant. The Planners, S. Baluh and M. Matczak reviewed the Wynn Assoc letter of September 27, 2006.
#6 Will Comply: No response to the EAC letter of October 21, 2006
#7 Will Comply: The Planners previously granted the waiver request.
#8 Completed: The legal description for the ultimate right-of-way was satisfactory.
#12 In Process: A letter from PADEP will be forthcoming for the NPDES permit when all information has been submitted.
#13 Incomplete: Wells have been drilled. The Township awaiting test results.
#15 Approved: The Sewage Facilities Planning Modules have been approved by PADEP.
#17 Will Comply: Easement has been submitted for adjoining driveway.
#18 Completed: The property monumentation has been installed as required.
#20 Will Comply: Development/Financial Security Agreement will be executed.
The Planners commented that Items #6 and #13 have not been completed. They requested that the applicant respond to the EAC letter of October 21, 2006 and submit the well report and the water test results. S. Baluh commented that with those two issues addressed by the applicant hr is comfortable with Final approval. It was the consensus of the Planning Commission that if both items are submitted by the June Planning Commission Meeting, the plan will be forwarded to the Board of Supervisors. No action was taken on the plan.

                        Cobbler Road L.P Subdivision, Revised Preliminary
                        TMP# 30-11-105 – Rte 611, Ferndale
                        Village Center Zoning
                        ACA Response to Wynn Review Ltr of 6/28/06 dated 11/10/06
                        Wynn Review Letter of 4/25/07 w/Attachment 11/30/06
Correspondence was received today from D. Cossaboon of All County Associates and Fox Rothschild removing the subdivision from the agenda.
                        Prime Properties a.k.a. Park View Estates
                        10-Lot Subdivision, Revised Preliminary Plan
                        TMP# 30-14-10-2 – Foellner Lane & Fink Drive
                        Wynn Review Letter of 4/27/07
E. Tobin, attorney for the applicant and K. Clauss, P.E. of Schlosser & Clauss were in attendance. E. Tobin commented that this tract had previously been approved for a 15-lot subdivision, it has been amended and 10 lots are proposed.
The Planners and E. Tobin reviewed the Wynn Assoc letter of April 26, 2007.
#1 Comments: Describes previous plan, current plan and proposed changes.
#2 Will Comply: Applicant will respond to EAC review letter when received. It was noted that the EAC has 45 days to review submitted plans. Upon receipt the letter will be faxed to the office of Schlosser & Clauss.
#3 Will discuss fee in-lieu-of dedication of recreation land with the Board of Supervisors.
#4 Waiver Request: Per a discussion with the Board of Supervisors, road improvements will be waived. A letter was received today by the Township Office and Engineer requesting additional waivers.
#5 A,B & C Will Comply: Owner of Lot #6 will be responsible for the stormwater management basin on same; Stormwater Management narrative/report should be revised for consistency; Culverts on Lots #2 and #3 driveways should include additional drainage easements where maintenance of proposed piping would require access to adjoining properties.
#5 D,E & F Will Comply: These will be addressed by the design engineer to the satisfaction of the Township Engineer; Reduce storm sewer on Lot #8; driveway culverts for Lots #6, 7, 8 and 9 be combined in one continuous storm sewer run, relocated into the right-of-way of Fink Drive; establish a drainage easement for the riparian corridor along Parcel A.
#6 Will Comply: B.C. Conservation District approval will be obtained for the NPDES permit for discharge of stormwater runoff and during construction activities.
#7 Will Comply: The applicant will enter into a well impact agreement for a period of five years.
#8 In Process: A revised Sewage Facilities Planning Module is being prepared for approval by B.C. Department of Health, Nockamixon Township and PADEP.
#9 Waiver Request: Street lighting is not proposed.
#10, #11, #12, #13 Will Comply: Submission of legal descriptions of drainage easements; Notes on the plan for the deed consolidation of the Jones Tract and Parcel A; details of proposed driveway construction; Development/Financial Security Agreement executed between the applicant and the Township
#14 Condition: Accept condition that previous plan will be withdrawn and restrict lots from further subdivision prior to final plan approval. K. Clauss will verify restrictions to further subdivide the lots.
Mr. Jones wanted to know when Parcel A would be consolidated with his 7-acre lot. This will occur when the plan has been recorded. J. Petersen commented that the EAC did not receive copies of the most recent Wynn review letter. No comments have been received from P-Hydro. K. Clauss requested preliminary approval however Board policy is that all paperwork is received prior to their meeting. The planners took no action. E. Tobin verbally requested that this subdivision be placed on the June Planning Commission Meeting.

NEW BUSINESS:           BFK Rezoning – Ordinance Rezoning Amendment
The Planners discussed the property owners that requested to be rezoned from ‘R’ to ‘VC’ and the reasons for rezoning which included, but not limited to, steep slopes, flood planes and non-conforming uses. Several residents voiced their concerns regarding the properties that are now under consideration for rezoning. A motion was made by T. Keebler, seconded by A. Santopietro, to recommend to the Board of Supervisors that the rezoning should be left as is. The motion carried 5-0-0.
OLD BUSINESS:           Hanson Aggregates BMC, Inc.
                        Proposed Quarry Rezoning; TMP# 30-11-100
                        Wynn Letter of 4/06/07 – ZHB decision 2/03/87
                        Clemons Letter of 4/20/07; Eastburn & Gray 4/10/07
J. VanLuvanee, Attorney for the applicant was in attendance. M.E. Kendrick, Vice President, L.S. Lauritzen, P.E., and D. Hill, Environmental Manager representing Hanson Aggregates BMC, Inc. were also in attendance. J. VanLuvanee brought the Planners up to date on the rezoning request. Several items have been addressed since the last meeting, including the Zoning Hearing Board decision of 1987 concerning the berm and its placement, and the possible impact on the fuel storage tanks at Harrow Station. The final concern was the pumping evaluation report which was submitted and included the proposed 210’ excavation limit within the expansion. The Environmental Advisory Council will address these issues in their review. He commented that, if this property is rezoned, Hanson is prepared to enter into a Well Protection Agreement for the benefit of property owners within a radius negotiated with the Township. No agreement is in place currently. The Planners voiced concerns with regard to a reclamation plan when excavation is completed, the depth and the effect on the water table. S. Mendelson questioned the balance of zoning districts and how it would affect minimums for the Commercial District. S. Baluh commented that there are no hard fast rules for size of Commercial District. B. Sadow commented that his main concern is the water issue. S. Baluh commented that the Planners may not be comfortable making this decision, any preliminary comments for or against, should be made now and become part of the record. M. Kulp commented that continuing concerns included public safety when closing down the only major artery north/south through Bucks County; eliminating access for Palisades EMS and Ottsville Fire Company; increasing the surface area and allowing continued extraction of 300 vertical feet in the existing quarry; the pumping and treating of surface water which does not allow for the recharging of aquifers. Other than the commercial interest in the property, there is nothing that will benefit Nockamixon Township by allowing or endorsing this rezoning. T. Keebler had concerns about the reclamation and the well replacement agreement distance from the Quarry. It was the consensus of the Planners to recommend that the Board of Supervisors not move forward with the quarry rezoning.

PUBLIC COMMENT:
S. Tenney – commended the Planners for their recommendations regarding the Hanson rezoning.

CORRESPONDENCE:
      A. Wynn – Planning Commission Recommendations – 4/9/07
      B. ERG – Hanson Aggregates BMC, Inc. – Follow-up Information – 4/18/07
      C. PSATS – March 2007 Bulletin
      D. Clemons – Ordinance #129 – 4/18/07
      E. OSC – March Minutes
      F. Wynn Sub/Land Development Plan Status – 4/27/07

A. Eichlin reminded the Planners of the May 14, 2007 Work Session.

ADJOURNMENT:
A motion was made by A. Santopietro, seconded by D. Haubert, to adjourn the Planning Commission meeting at 9:17 PM. The motion carried 5-0-0.

Respectfully submitted

Arlene E. Eichlin
Township Secretary