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NOCKAMIXON TOWNSHIP PLANNING COMMISSION

MINUTES

February 5, 2008

ROLL CALL:

Members Present: Attendees:

Bill Sadow, Chair Supervisors

Mark Kulp B. Keyser

Carl Bahnck N. Janyszeski

Thomas Keebler Albert Santopietro

P. Hamilton

A. Schad

Township Engineer:

S. Baluh

Members Absent:

David Haubert, Vice-Chair

OPEN MEETING:

Chair B. Sadow opened the February 5, 2008 Planning Commission with a salute to the flag at 7:30 PM.

APPROVAL OF MINUTES:

A motion was made by T. Keebler, seconded by P. Hamilton, to approve the minutes of the January 8, 2008 Reorganization minutes as presented. Under discussion the following changes were requested: Page 2:M. Kulp also abstained for the November 7 and December 4 meeting minutes. Change name to F.E. Buehler and Son. Page 3: Line #2 change the word ‘lot’ to ‘drives’; Under Christman Tract correct the TMP numbers for the property. Change ‘Church/Frog’ to ‘ Church/Frogtown Road Plan’. Change ‘size of the size’ to ‘size of the lots’. Page 4: remove the word ‘of’ in ‘both of the 10/07’; change ‘working session’ to ‘work session’. T. Keebler amended his motion, seconded by P. Hamilton, to include the corrections to the minutes as stated. The motion carried 5-0-1 with C. Bahnck abstaining, he did not attend the meeting.

APPOINTMENT:

A. Recording Secretary – A motion was made by C. Bahnck, seconded by T. Keebler to appoint A. Eichlin as the Recording Secretary. The motion carried 6-0-0.

LAND DEVELOPMENT:DiPalantino L/D – Preliminary Plan

TMP# 30-11-83 – Easton Road – Industrial Zoning

Wynn Review Letter – 01/31/2008

Steve Jensen, of Dan Hendricks office, as well as the applicant, D. DiPalantino were in attendance. This is a 1.8 acre parcel on Rte 611, one-half mile north of the Rte 412 intersection. The applicant is proposing a garage/office with an on-site well, holding tank, and stormwater management detention basin with inlets. This is a non-conforming lot, and in August 2003 a variance was granted for lot size, side and rear setbacks. A sketch plan was presented to the Planners in December 2004. At that meeting it was the consensus of the Planners to move the building fifteen feet. They now conform with side yard requirements for Zoning for this project. S. Jensen, the Planners and S. Baluh reviewed the Wynn Associates letter of 01/31/2008.

#1 Clarification: S. Baluh commented that the current plan does not show what was presented to the Zoning Hearing Board. He has forwarded the information and is awaiting a response from the Township Solicitor. ‘S. Jensen had a letter from the ZHB Solicitor, P. Harrison which stipulated that the ZHB was approving the request by the applicant for a variance to construct a 4,640 sq. ft Industrial Building use on the property with dimensional requirements approximating the front, side and rear yard dimensions at the proposed hearing. All of which were less than presently required under the Zoning Ordinance. The final and more precise details and dimensional and other requirements are to be decided by the BOS in the L/D subdivision procedure.’ B. Sadow commented that this is not definitive. They continued with the review. If he moves the driveway, the applicant will have to remove the trees along the Sciss property.

#2 Additional Plantings: It was the consensus of the Planners to have the applicant increase the size and density of the buffer yard. The applicant agreed.

#3 Will Comply: It was the consensus of the Planners that a narrative summary, Environmental & Cultural Impact Assessment, be submitted. The applicant agreed.

#4 Will Comply: It was noted by the applicant that there are a minimal amount of natural resources on the property, only trees. They will include a table itemizing existing features and proposed disturbance.

#5 Waivers: Although there will be no curbs or sidewalks along the Route 611 frontage, sidewalks will be internal between the parking and building.

#6 Will Comply: A HOP (Highway Occupancy Permit) will be obtained from PennDOT, and applicant believes that sight distance will not be a problem.

#7 Will Comply: A revised plan will be submitted.

#8 Will Comply: Support information, Feasibility Analysis, will be supplied for the infiltration type BMPs. They are currently in noncompliance with the Ordinance. Waivers could be requested.

#9 Will Comply: NPDES permit will be obtained from the B.C. Conservation District.

#10 Will Comply: A well will be drilled and tested per Township specifications.

#11 Will Comply: Submit plan to servicing fire company for review.

#12 Will Comply: Execute an Operation & Maintenance Agreement with the Township for the proposed holding tank.

#13 Will Comply: Monumentation will be installed prior to plan recordation.

#14 Will Comply: A business office will be open during business hours. The post mounted lights in the parking lot will be on timers or motion sensors and turn off at dusk.

#15 Will Comply: Area within the ultimate right-of-way of Rte 611 will be dedicated to the Township.

#16 Will Comply: Development/Financial Security Agreement will be executed between the applicant and the Township.

#17 Will Comply: The applicant will review the issues.

J. Petersen requested a site visit on Saturday, February 9, 2008. D. DiPalantino, the applicant granted permission for the visit.

SUBDIVISIONS: None

NEW BUSINESS:Planning Commission 2007 Annual Report of Activity

The Planners reviewed the Annual Report of Activity. A motion was made by M. Kulp, seconded by T. Keebler, to approve the listing of the Nockamixon Township Planning Commission 2007 Annual Report of Activity. The motion carried 6-0-0.

OLD BUSINESS:Review Proposed Ground Water (Water Protection) Ordinance

S. Baluh commented that changes made at the January 21, 2008 Joint Work Session have been incorporated into the proposed ordinance. A copy has been forwarded to the BNT GWC and the Solicitor J. Yeager for review. He also drafted an ordinance pertaining to the SALDO. It revises the water resources impact study and regulations to be consistent with Chapter 228 Wells. S. Baluh suggested that if the Planners are comfortable with the proposed ordinance that it would be the appropriate time to make their recommendation to the Board of Supervisors subject to the Solicitor’s review and comments from the EAC and BNT GWC. A motion was made by M. Kulp, seconded by P. Hamilton, to forward the February 1, 2008 draft for the replacement of Chapter 228 as well as the February 4, 2008 draft of Chapter 196 with Planning Commission endorsement to the Board of Supervisors. The motion carried 6-0-0. M. Kulp thanked Dr. Donovan for his assistance with the preparation of this document.

PUBLIC COMMENT:

-J. Petersen wanted to know if a joint work session has been scheduled for Township ordinances. The Planners suggested Monday, March 10, 2008 @ 7:30PM as a work session with the Board of Supervisors. S. Mendelson suggested that the Developer’s checklist also be discussed at this time. S. Baluh commented that he will request input from the Solicitor, J. Yeager for this checklist. He also suggested that the township encourage more detailed sketch plan reviews so that developers are not spending a lot of engineering dollars up front for a layout that the Township may not approve. B. Sadow commented that the schedule for the March meeting will be the Developer’s check list, the lighting ordinance and Act 537.

-G. Mikses wanted to know if the Christman Tract was to be discussed. They were not on the agenda.

-S. Donovan noted that there has been activity on the Brill Property located on Tabor Road. Stone has been placed and a road is now on the property along with a pile of silt near the stream. There are large cement blocks on site also. It was the consensus of the Planners to direct the Secretary to talk with the Zoning Officer and have him investigate the site.

CORRESPONDENCE:

A. Wynn – Quakertown Area Comprehensive Plan Review 1/25/2008

B. PC Memo – McArdle 5-Lot Subdivision & Christman Tract 2/5/2008

C. EAC – N. Peter Kerl Review Letter 1/24/2008

D. Fox Rothschild – Christman Tract – 2/01/2008

E. Wynn Subdivision/Land Development Plan Status – 2/01/2008

A motion was made by T. Keebler, seconded by M. Kulp, to recommend that the Board of Supervisors deny the E. McArdle subdivision plan if an extension letter is not submitted by 3/1/2008. The motion carried 6-0-0.

ADJOURNMENT:

A motion was made by B. Sadow, seconded by T. Keebler, to adjourn the Planning Commission meeting at 8:48PM. The motion carried 6-0-0.

Respectfully submitted,

Arlene E. Eichlin

Recording Secretary