PALMER TOWNSHIP BOARD OF SUPERVISORS
GENERAL BUSINESS MEETING
DECEMBER 29, 2009
A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, December 29, 2009 at 7:00 p.m. in the Community Room of the Palmer Library with four Supervisors in attendance: Bob Lammi, Mike Mitchell, Ann-Marie Panella and Bob Smith. Supervisor Colver was absent. Also in attendance were the Public Services Director, Lieutenant Trinchere, Planning Director and the Township Solicitor. The Township Manager was absent. Colin McEvoy from the Express Times represented the news media. Vice Chairman Lammi convened the meeting and led those present in the Pledge to the Flag.
2. APPROVAL OF
DISBURSEMENT OF FUNDS – DECEMBER 29, 2009
INFORMATION
The report will be provided at the meeting.
DISCUSSION
On motion by Smith, seconded by Mitchell, and agreed by four, the Board approved the disbursement of funds for December 29, 2009.
3. APPROVAL OF
MINUTES – DECEMBER 21, 2009
DISCUSSION
Bruno added to the second
bullet on page six of the solicitor’s report “whereby the township took title
by way of condemnation.”
On motion by Panella, seconded
by Smith, and agreed by four, the Board approved the minutes of December 21,
2009 with the above change.
4.
INFORMATION
The
Board needs to approve/disapprove the zoning amendments.
DISCUSSION
Solicitor Bruno said there are
two things left undone related to this subdivision and project. One is the proposed zoning amendments. The first is reclassification of a portion of
the property from MDR to HDR and the second is the proposed text amendment
whereby the traditional village option is proposed to be modified by the developer.
Bruno said the second item on
the agenda is the conditional use application for four conditional uses that
will be part of the plan. Bruno noted
the plan was approved conditioned upon these two items being passed. Bruno told the Board they should have the draft
of proposed amendments in front of them.
Attorney
Lammi asked how big the
proposed property was that you want changed to HDR.
Bruno suggested two motions be
made to approve each of the requests subject to the final ordinance being
signed at a later date by the Chairman.
Lammi asked if there were any
questions from the audience on the map change.
Monica Weiss,
John Beena,
Abbie Patterson,
Monica Weiss,
Anthony Lauro,
Lammi said the management of
storm water has been a significant problem in the area and the developer is
constructing a four acre detention pond that will pipe water into a system to the
Smith made a motion approving
the rezoning request of 7.1 acres on the north end of the property to HDR and
authorized the solicitor to draft the ordinance for the change to be enacted at
a future meeting and signed by the Chairman of the Board. The motion was seconded by Mitchell, and
agreed by all in attendance.
Bruno noted the text
amendments have been reviewed by the Planning Commission, the Lehigh Valley
Planning Commission and the township staff and all is found to be
acceptable. Smith made a motion to approve
the text amendments and authorization for the Chairman to sign the
amendments. The motion was seconded by
Mitchell, and agreed by all in attendance.
5.
INFORMATION
The
Board needs to approve/disapprove the conditional use.
DISCUSSION
Bruno noted the conditional
use hearing was advertised in accordance with the law. Bruno reviewed the conditional uses that were
advertised. Bruno reviewed the
conditional use hearing procedures with the audience. Bruno entered the following exhibits to the
record:
T1 Copy of legal notice for the conditional use hearing.
T2 Conditional
use application form filed on behalf of the two applicants - Palmer LP and
Woodmont Properties Palmer LLP.
T3 Letter
dated July 1, 2009 from Mr. Atiyeh granting an extension on the decision of the
plan and to hold the zoning hearing on August 31, 2009.
T4 Letter
dated August 11, 2009 from Attorney Preston confirming an extension of time to October
31, 2009.
T5 Letter
dated September 11, 2009 confirming a written decision on behalf of the Palmer
Township Zoning Hearing Board as a result of a hearing held September 1, 2009 –
granting various zoning requests and relief from the zoning ordinance.
T6 Letter
dated November 11, 2009 on behalf of the Palmer Township Planning Commission,
written by Planning Director Cynthia Carman, indicating recommendations for
approval by the Planning Commission to the Board of Supervisors related to the
project and conditional use application.
T7 Letter
dated November 7, 2009 from Attorney Preston to the Township Solicitor granting
an extension of time to render a decision until November 30, 2009.
T8 Summary of
T9 Revised
letter of preliminary land development plan approval dated October 14, 2009. Decision letter was signed by the applicant.
T10 Letter
dated November 20, 2009 from Attorney Preston’s office on behalf of the developer
related to public improvements and open space.
T11 Letter dated October 27, 2009 from the developer.
T12 Township engineer letter dated November 6,
2009.
T13 Letter
from Attorney Preston on behalf of Palmer LP and Woodmont Properties Palmer, LLP
granting an extension of time to December 31, 2009.
T14 Letter
from Attorney Bruno dated December 28, 2009 on behalf of the township
confirming the Board of Supervisors approval of the final plan submission
subject to conditions from the public meeting held December 21, 2009.
T15 Revised
letter from Attorney Bruno dated December 29, 2009 referring to final subdivision
plan with approvals – reviewed and signed by the developer dated December 29,
2009, indicating their agreement with all conditions related to the land
development approval.
Bruno asked all witnesses to
stand to be sworn in. Bruno then turned the
meeting over to Attorney Preston.
Jim Preston, Attorney for the
Applicant, said they are here for a conditional use hearing related to several
requests.
Bruno added the following
additional items to the record:
T16 Copy
of ordinance passed prior to going on record this evening authorizing a portion
of property be rezoned from MDR to HDR.
T17 Copy
of ordinance authorized to be enacted, allowing for text amendments associated
with the traditional village option.
Bruno asked Attorney Preston to
confirm the method that each applicant has interest in the properties.
Frederickson reviewed the exhibit
titled Woodridge Falls III - layout of the plan that was a colored rendering of
the site produced by his office. The
drawing was entered to the record as A2.
Frederickson reviewed the plan in detail. Frederickson said the property is now zoned
HDR and stated all conditional uses are allowed in the HDR zone. Frederickson said the plan proposes 216 low
rise apartments and 100 townhouses. Frederickson
reviewed the collector street called
Frederickson said there are not
only off site storm water improvements being made by the developer but there
will be a cash contribution to the township for other storm water improvements
in the area of the project.
Smith confirmed even though there
could be up to six units they still will fall within the size requirement by the
township ordinance. Frederickson said that
is correct. Smith asked without the increase
in units the detention pond still could have been a lot smaller. Frederickson said that is correct.
Lammi asked if there was
overflow parking in the town home section.
Frederickson said yes and reviewed the plan. Frederickson said they allowed for 2.25
parking spaces per unit.
Monica Weiss,
John Beena,
Anthony Lauro,
A3 Exhibit
of apartment drawing dated September 8, 2009 Supplemental drawing I for
Woodridge Falls III.
A4 Exhibit
of drawing dated March 17, 2009 Woodridge Falls Phase III apartment with cross-section
of buildings.
Bruno asked if anyone wished
to be heard in the audience.
Monica Weiss commented the
design is noted
Jim Chisesi,
Bruno noted no additional
statements or questions from the audience.
Bruno said Attorney Preston
would like to add additional testimony related to the architectural design of
the townhouses. Attorney
There were no further
questions or testimony.
On motion by Mitchell,
seconded by Panella, and agreed by four, the hearing was closed for deliberation
by the Board.
The record was reopened. Mitchell made a motion to approve the
conditional use request associated with section 190-54.C of the township
ordinance to allow for off street parking between principal structures and
public streets for the apartments and townhouses on site. The motion was
seconded by Smith, and approved by all in attendance.
Smith made a motion to approve
the conditional use request associated with section 190-226.A(2) of the
township ordinance to allow for an increase in the number of dwelling units as
depicted on the plan in exchange for substantial infrastructure improvements. The motion was seconded by Panella, and
approved by all in attendance.
On motion by Mitchell,
seconded by Smith, and agreed by all in attendance, the Board approved the
conditional use request associated with section 190-54.K of the township
ordinance to permit more than four townhouse units be attached - allowing up to
six units being attached, however they will not exceed the size requirement allowed
by ordinance.
On motion by Smith, seconded
by Mitchell, and agreed by all in attendance, the Board approved the
conditional use request associated with section 190-54.F of the township
ordinance to permit a maximum building height up to 48 feet to exceed the requirement
by ordinance for apartment height as it relates to those structures identified
in the hearing.
Bruno noted that concludes the
public hearing.
6. NEW
INFORMATION
The
Board needs to approve/disapprove the lot line adjustment and preliminary/final
land development plan.
DISCUSSION
Don Frederickson,
Engineer for the developer, said they are here tonight for the
Township Engineer, Ron Gawlik from The
Pidcock Company, said they are working with Don Frederickson on storm water
issues. Frederickson said they are
looking for preliminary approval tonight.
Gawlik said the Fire Chief indicated a turning radius needed to be
increased to accommodate a new fire truck.
Frederickson said they will make the adjustments to accommodate the fire
truck.
Bruno asked to review the waivers. Frederickson said they are the waivers that
were approved with the prior plan approval.
Frederickson reviewed all the waiver requests outlined in the Township
Engineer letter dated December 4, 2009.
Bob Cahill, Cahill Properties, LLC,
reviewed the architectural design of the church and the floor plan and layout
of the building.
Lammi asked how many services would be
held. Pastor Paul Cronin said there
would be one Saturday service and a service at 9:30 a.m. and 11 a.m. on Sunday
mornings. Bruno asked if the classrooms are
for religious teaching only. Cronin said
yes and for any type of community group that could use it like Scout groups,
AA, etc. Bruno asked the Planning
Director if the Zoning Officer looked at the multiple uses. Lammi asked if it would be used for a
school. Cronin said not that he’s aware
of. Bruno confirmed the proposed
classrooms are not going to be used for educational classrooms as a
school. Cronin said it is not intended
to be a school, Monday through Friday.
Lammi said the ordinance talks about recreation fees and also the voluntary
traffic contributions. Lammi asked if it
was discussed in the past. Cahill said
it was not discussed. Lammi said he’s
not sure how we dealt with this in the past when it’s related to churches. Lammi said the township recreation fee is
$3,000 per acre and you have 1.75 acres or a total of $5,250. Lammi said a voluntary traffic contribution
that would be used for traffic issues in the area is $1,000 per acre or for
this property it would be $1,750. Frederickson
said they will be consistent with past practice for churches in the
township. Planning Director Carman will
look into how these fees have been handled in the past when related to a
church.
Smith made a motion that the Board approve
the lot line adjustment and preliminary/final land development plan with the
following conditions: that the applicant
address the comments of the Township Engineer letter dated December 4, 2009 to
the satisfaction of the Township Engineer; satisfy any remaining departmental
comments dated December 3, 2009; receive approval of the requested waivers as
listed on page five, D1 through D9, of the Township Engineer letter dated
December 4, 2009; withdraw the previous development plan for the site (Cahill
Office Building); satisfactorily address any outstanding conditions of the
original subdivision plan (Kharecha Subdivision); address any comments
concerning the turning radius for fire trucks to the satisfaction of the Fire
Commissioner; acceptance of a voluntary traffic contribution in the amount of
$1,750 and acceptance of a recreation fee in the amount of $5,250 subject to
confirmation by the Planning Director on proper processing of these fees for
church facilities in the township; enter into an improvements agreement to the
satisfaction of the Township Solicitor; submit financial security in a form
acceptable to the Township Solicitor.
The motion was seconded by Mitchell, and agreed by all in
attendance. Smith amended his motion to
include the Boards approval of the waivers listed on page five, D1 through D9,
of the Township Engineer’s letter dated December 4, 2009. Mitchell seconded the amendment and it was
agreed by all.
7. FINEGAN
FUNERAL HOME SIDEWALK DEFERRAL/WAIVER REQUEST
INFORMATION
The
Board needs to approve/disapprove the deferral and waiver requests.
DISCUSSION
Don Frederickson, Engineer for
the Applicant, said it was suggested by the Township Engineer and an individual
from Penndot that the sidewalk that was to be extended to the north of the
driveway that is immediately south of
On motion by Mitchell,
seconded by Panella, and agreed by all in attendance, the Board approved the sidewalk
deferral request for the Finegan Funeral Home project.
8. PLANNING
FEE SCHEDULE
INFORMATION
The
Board needs to approve/disapprove the planning fee schedule.
DISCUSSION
Lammi
asked that this item be tabled until the January 4, 2009 meeting so Chairman
Colver can be involved in the discussion.
Carman informed the Board that the Pidcock Company felt she was low in
some numbers and she has made the changes to her recommendation to include the
proposed numbers recommended by the Township Engineer’s office.
9. RESOLUTION
ESTABLISHING A TAX LEVY
INFORMATION
The Board needs to approve/disapprove a resolution fixing the tax rate for the year 2010.
DISCUSSION
On motion by Mitchell,
seconded by Panella, and agreed by four, the Board approved the 2010 tax
resolution setting the township tax at 6.25 mills.
10. 2010 SALARY
SCHEDULE
INFORMATION
The
Board needs to approve/disapprove the 2010 salary schedule for non-uniform
employees.
DISCUSSION
On
motion by Panella, seconded by Smith, and agreed by four, the Board approved
the 2010 salary schedule.
11. ANNOUNCEMENT OF
REORGANIZATION MEETINGS
INFORMATION
The Palmer Township
The Board of Auditors will meet on Tuesday, January 5, 2010, at 6:00 pm in the large conference room of the Palmer Library.
The
Palmer Planning Commission reorganization meeting will be held on Tuesday,
January 12, 2010, at
The Recreation Board meetings will be held the third Tuesday of each month in the community room of the Palmer Library at 7:30 pm.
The Shade Tree Commission meetings will be held the last Monday of each month (as needed) in the community room of the Palmer Library at 6:30 pm.
The
Environmental Steering Committee reorganization meeting will be held on
Wednesday, January 27, 2010, at
The
Palmer Library is located at
12. ANNOUNCEMENT OF
CHRISTMAS TREE RECYCLING DATES
INFORMATION
Christmas
tree recycling will take place January 4th through January 22nd. Trees are to be placed curbside on regular
trash days.
13. TOWNSHIP ENGINEER CAPITAL PROJECTS UPDATE
INFORMATION
The
Township Engineer will update the
Board on the status of all capital projects.
DISCUSSION
Gawlik said the
14. ESTATES AT KNOBHILL ESCROW
RELEASE #2
INFORMATION
The Board needs to approve/disapprove
the escrow release.
DISCUSSION
On motion by Mitchell,
seconded by Smith, and agreed by four, the Board approved the escrow release of
$113,400.60 for the Estates at Knobhill.
15. PUBLIC COMMENT
None
16. REPORTS
Solicitor
· Bruno had an extension request for Parkview Estates, Phase 4, requesting an extension of time to complete improvements until June 30, 2010. On motion by Smith, seconded by Mitchell, and agreed by four, the Board approved the extension request.
· Bruno had an extension request for Parkview Estates, Phase 5, requesting an extension of time to complete improvements until June 30, 2010. On motion by Smith, seconded by Panella, and agreed by four, the Board approved the extension request.
· Bruno had an extension request for Parkview Estates, Phase 6, requesting an extension of time to complete improvements until December 31, 2010. On motion by Smith, seconded by Mitchell, and agreed by four, the Board approved the extension request.
· Bruno had an extension request for Parkview Estates, Phase 7, requesting an extension of time to complete improvements until December 31, 2010. On motion by Smith, seconded by Panella, and agreed by four, the Board approved the extension request.
· Bruno had an extension request for The Chrin Commerce Center requesting an extension of time to complete improvements until December 31, 2010. On motion by Smith, seconded by Panella, and agreed by four, the Board approved the extension request.
·
Bruno had a resolution related to the
·
Bruno had an extension request from Dr. Mittal,
·
Bruno had an extension request from Mr. Melham for
the Townhomes at
·
Bruno reported the Pennsylvania Court of Common
Pleas affirmed the
Planning
Director
·
Carman asked if there were any questions related
to the upcoming Zoning Hearing Board agenda.
There were none.
·
Carman commended the Board on their willingness
to work with developers in negotiating developments. Lammi said he finds it very rewarding working
with the developers and negotiating what is best for the township. Lammi also commended the Township Staff,
Township Engineer’s office and the Township Solicitor on all the work they do
to assist in the success of these projects.
Public
Services Director
·
·
Supervisors
· Smith wished everyone a great 2010. Smith said he is completing his first six year term on the Board and is looking forward to beginning his next term in January. Smith said everyone working in this township does a great job.
· Lammi wished everyone a Happy New Year.
· Panella wished everyone a Happy New Year.
· Mitchell wished everyone a Happy New Year.
On motion by Mitchell, seconded by Panella, and agreed by four, the meeting adjourned at 9:55 p.m. with no items for executive session.
Respectfully submitted,
Robert G. Anckaitis
Township Manager