NOCKAMIXON TOWNSHIP PLANNING COMMISSION

MINUTES

November 5, 2008

ROLL CALL:

Members Present:

 

Bill Sadow, Chair

Attendees:

 

David Haubert, Vice-Chair

Supervisors

 

Mark Kulp

B. Keyser, left 8:00PM

Carl Bahnck

A. Santopietro, arrived 8:00PM

 

Thomas Keebler

 

Phyllis Hamilton

Township Engineer:

 

Andrew Schad

S. Baluh

 

 

OPEN MEETING:

Chair B. Sadow opened the November 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 M. Kulp, to approve the minutes of the October 7, 2008 PC meeting as presented. The motion carried 5-0-2 with C. Bahnck and P. Hamilton abstaining. They did not attend the meeting.

 

SUBDIVISIONS:N. Peter Kerl – 2-Lot Subdivision – Final Plans

TMP# 30-8-13 – 659 Kintner Road

Zoning Residential – Conservation Easement 9/16/08

PNDI Review 12/17/07; Bureau of Historic Preservation 12/20/07;

Revised Planning Module 9/15/2008; Wynn Review Letter – 10/28/08

P. Deitz of Urwiler & Walter, engineer for the plan, was in attendance as well as N. Peter Kerl, applicant for the subdivision. P. Deitz commented that this property is slated for a large conservation easement and any outstanding issues have been resolved with the Heritage Conservancy and Nockamixon Township.

P. Dietz, S. Baluh and the Planners reviewed the Wynn review letter dated October 28, 2008.

#1 Shown on Plans: Right-of-way of Kintner Hill within Durham Township. Legal descriptions will be forthcoming.

#2 Submitted: The information relating to the proposed conservation easement, including the agencies and proposed conditions/restrictions of the easement has been submitted.

#3 Waivers: A waiver for wetland delineation was requested since they do not meet the necessary wetland delineation criteria. The applicant will contribute a $3,000.00 per lot fee in-lieu-of for street improvements.

#4 Established: The applicant has established a building envelope on Lot #2. It was noted that the stream crossing is not a vehicle crossing but a footbridge near the dam on the property. No motorized vehicles are permitted.

#5 Submitted: Applicant has responded to the comments of the Township environmental consultant and the EAC.

#6 Will Comply: Ultimate right-of-way of Kintner Road is offered to the Township for dedication.

#7 Submitted: A Stormwater Quality & Erosion Control Narrative and Calculations has been submitted to the Township. An Operation & Maintenance Agreement will be executed between the applicant and the Township.

#8 Approval: B.C. Conservation District approved the proposed erosion and sedimentation control measures.

#9 Lot #2 Well: No building is proposed for this lot, therefore no well will be drilled. If a building is constructed, a well will be drilled.

#10 Received: Executed Sewage Facilities Planning Modules have been received from B.C. Department of Health.

#11 Will Comply: Property monumentation will be installed.

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

P. Dietz commented that the applicant is seeking final approval for this plan. S. Baluh added that Note #24 on the record plan should have the Township name shown. He noted that if the Planning Commission is inclined to recommend final approval, it would be subject to the revision shown which specifies the changes to the building envelop discussed earlier. A motion was made by D. Haubert, seconded by T. Keebler, that the Planning Commission recommended final approval for the N. Peter Kerl 2-Lot Subdivision with adjustments to the plan discussed tonight during the review of the Wynn Associates letter dated October 28, 2008.

The motion carried 7-0-0.

A motion was made by M. Kulp, seconded by C. Bahnck, to recommend approval for request of waivers for Section 196.409, Wetland Delineation as applies to the N. Peter Kerl Subdivision, TMP# 30-8-13 and #11-13-29. The motion carried 7-0-0.

A motion was made by T. Keebler, seconded by P. Hamilton, to authorize the Chair, B. Sadow, to sign the Planning Module for the N. Peter Kerl Subdivision.

The motion carried 7-0-0.

S. Tenney and N. Alessi requested a copy of the revised final plans when submitted to the Township.

 

NEW BUSINESS:Annual Extraction Permit Renewal

Wynn – Hanson Aggregates BMC, Inc. Review – October 27, 2008

B. Mehani, a representative of Hanson Aggregates, was in attendance to answer any questions the Planners may have. S. Baluh, B. Mehani and the Planners reviewed the Wynn letter of October 27, 2008. The information submitted from the quarry was reviewed by the Wynn office for the annual permit renewal and discussed items that were addressed at the quarry inspection. For clarification it was noted that Chris Ann Gahagan is the newly appointed Hanson NE Regional Environmental Manager.

Item A: Information submitted September 2008 including PADEP Non-Coal Mine Operator’s license; site topographic map; copy of liability insurance certificate; copies of blast reports January thru July 14, 2008

Item B: Information previously submitted and is still current: Copy of General Plan approval and General Operating Permit; Non-Coal Surface Mining Permit; NPDES permit; Air Quality program State Only Operating Permit; Copy of reclamation Surety Bond; check for the Extraction Permit Fee.

Page 2:

Item A: The Quarry has two seismographs. At least one is used to monitor each blast.

Item B: $40,000.00 has been escrowed by the Township for Better Materials Corp. as a contribution for the cost of the traffic light installation at Quarry Road and SR611. It is currently under construction and the balance of the cost will be paid by the Harrow Station developer.

Item C #1 thru 9: Quarry inspection of October 4, 2008. The site is in generally satisfactory condition. B. Mehani commented that they went down an additional 25’ from last year. Due to the water situation, including the flooding and creek breeching they have experienced, they have decreased their lift by 25’. The quarry no longer washes stone and they have discontinued use of the settling pond near the crusher. The culvert near the entrance has been reconstructed to minimize blockage of the pipe during heavy rainfall and the fence has been repaired. It was noted by S. Baluh that PADEP quarterly reports had been submitted to the Township. However, he is not aware of more recent reports and requested regular submittal. Forward these reports to the BNT Joint Groundwater Committee. Reports submitted this evening were: Well depth readings for Wells #1 thru 6; QC lab report for total suspended solids; summary of pump flow 2008(monthly). BNTJGWC requested copies for raw output of logger and turbidity data reports on disc. They requested a turbidity monitor at the outfall of the creek in addition to the readings they currently maintain. The discussion continued regarding the installation of the monitor and how it would pinpoint the time and date of any murky water. B. Mehani will forward this request to Hanson. A truck wash is no longer being considered; the quarry maintains the road by removing dust and dirt with the water truck. In the spring an estimate was completed to replace trees in the gaps along the berm. These trees will be tolerant of the conditions on the site. The asphalt plant is not currently in operation due to reduced demand and increased costs.

G. Neebe was in attendance and discussed the traffic signal and a timeframe for completion of installation. Until the line striping and other preliminary work has been completed, PennDOT will not allow the light to flash.

S. Baluh commented that B. Mehani is aware of the outstanding items and will attempt to get quarry cooperation. The PC recommendation should include the items that need to be resolved. A motion was made by C. Bahnck, seconded by T. Keebler, to recommend that the Board of Supervisors to renew the extraction permit for Hanson Aggregates BMC, Inc. contingent upon them addressing the issues submitted by Wynn Assoc letter of October 27, 2008 and BNTGMC letter. The motion carried 7-0-0.

 

Nockamixon Township 2001 Open Space Plan Review

S. Tenney commented that the Open Space Committee was directed by the Board of Supervisors to perform a review of the 2001 Open Space Plan. In order to be eligible to receive funding from the County you are required to have an Open Space Plan or review currently in place. S. Tenney is seeking approval from the Planning Commission to recommend to the Board of Supervisors to move forward with the updates to the Open Space Plan. The Planners and S. Tenney reviewed the Open Space Plan review. They discussed the Inventory of Protected Lands added since 2001 and S. Tenney noted that properties are currently being considered for open space. The application is due to Bucks County by December 1, 2008. P. Hamilton requested that the year be included in the graph on Page 7 to indicate when the Inventory of Protected Lands were incorporated into Open Space. It was the consensus of the Planners to recommend that the Board of Supervisors move forward with the updates to the Open Space Plan.

OLD BUSINESS: There was no old business.

 

PUBLIC COMMENT:

-C. Bahnck commented that there is no ingress or egress signage at the traffic signal on the Freeman property. S. Baluh noted that the PennDOT representative will be out to inspect the site and he will address this issue.

 

CORRESPONDENCE:

  • Wynn Assoc. Sub/Land Development Plan Status – 10/29/08

Those plans requiring extensions were discussed. S. Baluh recommended that the Planners make a motion for conditional denial for Nockamixon Crossing Shopping Center. A motion was made by M. Kulp, seconded by P. Hamilton, to recommend conditional denial of the Nockamixon Crossing Shopping Center Plan unless an extension is received prior to the expiration of the plan, 12/20/08. The motion carried 7-0-0.

 

ADJOURNMENT:

A motion was made by C. Bahnck, seconded by M. Kulp, to adjourn the Planning Commission meeting at 9:10PM. The motion carried 7-0-0.

 

Respectfully submitted,

 

Arlene E. Eichlin

Recording Secretary