• LOCAL EMERGENCY NOTIFICATIONS

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

OPEN MEETING:
Vice-Chair D. Haubert opened the August 7, 2007 Planning Commission meeting with a salute to the flag at 7:35PM.

APPROVE MINUTE: A motion was made by T. Keebler, seconded by C. Bahnck, to accept the June 5, 2007 as presented. The motion carried 3-0-2 with M. Kulp and R. Balbirer abstaining, they did not attend the meeting.

ANNUAL PERMIT:    Better Materials Extraction Permit Renewal
                  Wynn Review Letters of July 9 (2) and July 10, 2007
                  BNTGWMC – Well Monitoring dated August 2, 2007
D. Hill, Environmental Mgr for Hanson Aggregates BMC was in attendance. He reviewed the Wynn Associates review letter of July 9, 2007 with S. Baluh and the Planners. Hanson Aggregates BMC is in the process of submitting, or has submitted, Items 1 thru 11. He then addressed the comments on Page 2:
#1 & #2 Will Comply: An updated copy of the Non-Coal Mine Operator’s License will be submitted to the Township (current license expires September 30, 2007). Two seismographs are currently used to monitor blasts at the Quarry.
#3 Ongoing: D. Hill requested the status of the proposed traffic light at the intersection of SR611/Quarry/Tower Roads. The traffic light will be on the August BOS agenda. D. Hill, the Planners and S. Baluh reviewed the Quarry Inspection letter dated July 10, 2007.
#1 Will Comply: The applicant commented that ERG has been contracted and they have a verbal confirmation of approval from BCCD to disconnect the pipe and connect it to the culvert under the roadway. This is scheduled for the end of September.
#2 Corrected: Stormwater which had been flowing over the south wall of the Quarry has been diverted to a swale along the property line to discharge into Rapp Creek.
#3 & #4 Will Comply: The Quarry will continue to cooperate with the BNT Joint Ground Water Committee with respect to the monitoring of the well levels and pumping records. A turbidity meter has been installed on the discharge from the sump pit. Monthly samples are taken as required by PADEP.
#5 Will Comply: Options are being considered for the installation of a truck wash. S. Baluh wanted to know if a regular scheduled sweeper is used to clean the roadway. D. Hill commented this is being done twice a week.
S. Mendelson had concerns about the trucks that egress onto Quarry Road without stopping. D. Hill will check the site distance and remove any obstructions.
B. Mehani reviewed pictures of Rapp Creek showing foam and cloudy water and commented that gravel wash is coming from the roadway creating this and the foam is caused by dying algae. Hanson Aggregates BMC went above and beyond in the design to increase the pit and basin capacity to assure that these issues are resolved. One of the options that can be addressed would be to install an automatic valve with a meter to divert water from the basin directly into Rapp Creek. It may be a viable solution. When J. Petersen commented that the EAC recommended that a turbidity meter be installed at the discharge, or change the pump in order to have constant metering of the discharge, D. Hill was not prepared to address the issue at this time. D. Hill noted that if PADEP does not require than the Township cannot make that request. Other concerns of the EAC included stock piles located across from the Quarry. B. Mehani commented that they are scheduled for removal within two months. Trucks still wait on the road to enter the quarry. D. Hill will review the situation. They will address the dead trees located on the property. R. Balbirer commended Hanson Aggregates for making sure that trucks leaving the quarry area are tarped. A motion was made by T. Keebler, seconded by M. Kulp, to recommend that the Board of Supervisors approve the issuance of the 2007-2008 Extractions permit conditional upon the resolution of the Wynn Associates letter of July 9, 2007 and that the turbidity meter at the discharge pipe be documented during days of operation. The motion carried 5-0-0.

SUBDIVISION:      Sal Lapio Homes (Harrow Manor) 15-Lot Major Subdivision
                  Planning Module Review
P. Dietz, from Urwiler & Walter, appeared at the meeting for the applicant. He commented that the B. C. Department of Health (BCDH) denied the previous module due to holes on the plan that had not been witnessed by the Health Department. The holes have been removed and the BCDH approved the modules. He brought the modules to the Planning Commission for signature. A motion was made by R. Balbirer, seconded by M. Kulp, to have the Vice-Chair D. Haubert sign the Component 4A planning modules for the Sal Lapio Homes (Harrow Manor) 15-Lot Major Subdivision. The motion carried 5-0-0.

                  D. Gross/Byers Road 2-Lot Sub/Lot Line Change-Preliminary
                  TMP# 30-15-33, -41-1 & -33-1, 53 Byers Road
                  Wynn Review Letter of 7-30-07
P. Deitz, from Urwiler & Walter, appeared at the meeting for the applicant. He commented that this is a 10.75 Acre lot proposed to be subdivided into 2-lots. Lot#1 will consist of 3.07 acres and Lot#2 - 6.4 acres. This subdivision is for Kenneth & Joann Gross on Byers Road and D. Gross, submitted the plan. The lot-line change proposed for the Sinclair property will increase the property to 1.57 acres. P. Deitz, S. Baluh and the Planners discussed the impervious surface contained in the Wynn Review letter of July 30, 2007. The applicant will comply with the recommendations. They will convert the existing driveway and the proposed driveway to ‘pervious paving’. S. Baluh commented that it would be a zoning issue and P. Bent would have to make an interpretation of the Ordinance. J. Petersen noted that there is a large tree at the back of the lot. P. Dietz commented that they are aware and there are no plans to cut it down. S. Baluh added that the applicant can confirm the existence of large trees in the area to be disturbed. It was noted that two sites are shown on the plan for septic systems. P. Deitz commented that they are not seeking approval tonight and is aware that additional calculations are needed. The Planners took no action on the plan.

NEW BUSINESS:     Discussion points as presented to The Board by K. Schneider
K. Schneider presented his discussion points to the Planners and recommended that they consider acquiring 10% recreation land in a subdivision and not promote fees of $3,000 per new building lot. It was noted that the Planning Commission sends its recommendation to the Board who makes the final determination. The Planners requested direction from the Board. A suggestion was made to also consider preserving the Riparian Buffers. S. Baluh commented that the Township could request land that would meet recreation land criteria. D. Haubert commented that the Planners should look at the subdivisions, consider the uses and make recommendations to the Board. Regarding the curbs/sidewalks K. Schneider requested that the Planners require curbs and sidewalks in a major development. He also requested that sidewalks be installed along roadways that are within a mile of schools. The Planners commented that they will consider these suggestions.

OLD BUSINESS:     Proposed Groundwater Protection Ordinance
                  T. Clemons Memo of 7/17/07
S. Baluh reviewed the T. Clemons memo of July 17, 2007 with the Planners. A meeting was held with T. Clemons to resolve some policy issues regarding the proposed Groundwater Protection Ordinance. There are some policy issues that the Planning Commission needs to address. Should the ordinance apply to all of the following: a) all new subdivisions; b) any new well that services an existing tax map parcel, c) any building permit proposing an addition that will increase water use and; d) any zoning permit that involves an increase in water use of 20% or 100 gallons per day? C. Bahnck agreed to point a), but commented that there are several other issues including the rate of five gallons per minute for the well test. He considered the 50-year drought contained in the proposed ordinance too conservative. The Planners requested additional information and to meet with M. Mulhall, P.G. A motion was made by T. Keebler, seconded by C. Bahnck, to recommend to the Board of Supervisors to change the September 10, 2007, 7:30 PM work session to discuss the Proposed Groundwater Protection Ordinance with M. Mulhall, P.G. The motion carried 5-0-0.
A. Eichlin will contact M. Mulhall regarding availability to attend the meeting.

                  Proposed Flexible Development Ordinance
                  Wynn Review letter of 8/1/07
S. Baluh commented that the EAC prepared a draft ordinance of suggested regulations for a Flexible Development. Since the Committee members who submitted the Ordinance were not in attendance he does not know if they have reviewed his comments. This is not in our current SALDO design ordinances. S. Baluh commented that it would allow a reduced lot size and reduced yard setbacks, which is now allowed only in cluster zoning and would give the Township flexibility to work with the entire property. Cluster zoning is in the ordinance and is more rigid. It requires 40-50% of open space with houses placed on small pieces of property. The flexible zoning does not have an open space requirement. S. Baluh commented that it would be done on a development wide basis, with specific guidelines beginning with a sketch plan and an interactive, cooperative process between the Township and the developers. When asked if this would be required, it was noted that it would be an option, a strictly voluntary basis. R. Balbirer believes the Township should have the developers request a variance. S. Baluh will locate a plan that has been developed under these guidelines for the Planners to review. S. Baluh and D. Haubert noted that the EAC should forward their comments. The Planners tabled for further discussion.
 
PUBLIC COMMENT:
-T. Stone commented that there will be a meeting of the Upper Bucks Regional Environmental Advisory Committee, focusing on the Act 537 Plan, at the Springtown Fire House 7:30 PM on Thursday, August 23, 2007.
-H. Nast noted that St. Luke’s Church, Ferndale, will have a Peach Festival on Sunday, August 12, 2007.
-S. Tenney thanked the Planners for a good meeting.

CORRESPONDENCE:
      A. PSATS – May/June 2007 Bulletin
      B. Cobbler Road LP – grants an indefinite extension dated 6-7-07       
      C. Twp. and Private Citizen Co-op Project – 6-18-07
      D. Wynn – Sewage Treatment Facility – Neebe, Palisades High School 6-13-07  
      E. EAC minutes May & June 2007   
      F. E. McArdle – grants 90-day extension to 11-1-07 dated 7-2-07
      G. Buckeye Partners, L.P. – Public Safety Information 7-10-07
      H. Hanson Aggregates BMC – (2) PADEP Quarterly Reports 7-26-07
      I. BCPC – Hanson Aggregates BMC proposed rezoning C to Q dated 7-11-07
      J. Wynn – Revere Chemical Superfund Site 7-26-07
K. Wynn Sub/Land Development Plan Status – 7-9-07 & 7-30-07

The Planners and S. Baluh discussed the quarterly inspections of the Revere Chemical Site. The revised Declaration of Covenants Conditions and Restrictions has a provision whereby the Township can request changes through the Revere Steering Committee. D. Haubert commented that the Park & Recreation Board will make a recommendation to the Board of Supervisors to pursue the downsizing of the fenced area.

ADJOURNMENT:
A motion was made by R. Balbirer, seconded by T. Keebler, to adjourn the Planning Commission meeting at 10:35 PM. The motion carried 5-0-0.

Respectfully submitted

Arlene E. Eichlin
Township Secretary