PALMER TOWNSHIP PLANNING COMMISSION

MARCH 11, 2003

The regular monthly meeting of the Palmer Township Planning Commission was held on Tuesday, March 11, 2003 at 7:00 p.m. with all members present except Young and Fuller. Also present were Planning Director Ted Sales, Solicitor Charles Bruno, Zoning Administrator Liz Protchko, Engineer Brian Dillman and Supervisor Liaison Bob Lammi. News media was represented by The Express/Times. Chairman Smith opened the meeting and led those present in the Pledge to the Flag.

PREVIOUS MINUTES – On motion by Grube, seconded by Stoneback, and agreed by all, the minutes of the previous meeting were approved as written.

PROLOGIS – Rt. 33 – Preliminary Plan – Attorney Stan Margle, Mr. Gary Anderson, Terry Godar and other representatives of Prologis were present seeking approval of their major subdivision plan. Margle stated that they had received conditional preliminary approval by Lower Nazareth Township on February 12, 2003 and their final plan has been submitted to them for final approval. Margle then referred any engineering questions to his engineering firm representatives. Mr. Anderson reviewed the township engineer’s comments of March 4, 2003. The comment regarding the box culvert was discussed. They are questioning if this extension of the culvert must be done before the project is complete. Anderson stated the cost of this is very high and Dillman asked to see a detailed cost estimate. Anderson noted this is not a problem and would get it to him as soon as possible. Smith asked why they are asking not to have to do this now and the reasoning is financing. A suggestion was made by the applicant that they use this towards the recreation fee cost. This issue to be discussed with the Board of Supervisors. Dillman noted it should be shown on the plan and then have the discussion with the Supervisors. In regards to the proposed grading work on the Chrin property to the north of this property, it was stated that agreements/easements for this work are to be obtained and copies provided to the township. Discussions are in process and if an agreement is not reached, they do have provisions made. Waivers were previously discussed and the engineer recommended approval by the Board of Supervisors for waivers C-1 through C-6. Waiver C-7 is fencing around the detention basin, which the engineer does not recommend. There were no other questions by Commission members, applicant or any member of the audience. On motion by Grube, seconded by Grandinetti, and agreed by all the Commission voted to recommend approval by the Board of Supervisors for the preliminary/major subdivision plan of Prologis conditioned that the Engineer’s comments of their letter of March 4, 2003 be satisfied; waivers C-1 through C-6 be recommended for approval; waiver C-7, referring to the detention pond fencing not be approved and that a deferral in Section B-1 of the township engineer’s letter, which was not requested, to also be approved for Sections 165-75, 165-69A and 165-73A of the SALDO pertaining to curbing, sidewalk and street trees being required along Hollo and Van Buren Road.

CHRIN COMMERCE CENTER BUSINESS PARK – Tatamy Road/Main Street - Attorney Stan Margle, Developer Charles Chrin, Chrin Representative Craig Weintraub and Engineer Peter Joyce were present along with other representatives of the Chrin Companies and Gannett Fleming Engineers with their preliminary plans for a proposed subdivision of 230 acres developed into 13 lots. Attorney Margle stated that they had received favorable recommendation by the Tatamy Borough Planning Commission on February 25, 2003 and was moved onto Borough Council next month. Township engineer’s letter of March 6, 2003 was reviewed and Dillman noted that traffic information they had requested had been submitted and with a brief review he feels it is satisfactory. There are major improvements to existing roadways that will be done. Weintraub reviewed the portion of the packet that was distributed. The open space area is totally passive recreation, no active at all. There are areas for birds and wildlife designated, areas for picnic tables, walking paths, pedestrian footbridge and plenty of plantings. The Commission was impressed with this open space area. Smith stated this is just what we were looking for in this area. Sales stated the Recreation Board has reviewed this plan and the agree with what is being proposed in this area. Deferrals were requested for pavement widening and installation of curbing, sidewalk and street trees along Newlins Mill Road and Main Street from sections in SALDO. Engineer did not have a problem with this request. Previous waivers that were granted should be noted on the plan. There were no other comments by the applicant or Commission member. Smith asked if there were any comments from the audience and seeing none, he called for a motion. On motion by Grandinetti, seconded by Smith, and agreed by all, the Commission recommended approval by the Board of Supervisors of Chrin Commerce Center Business Park preliminary subdivision plan, subject to comments of the township engineer’s letter dated March 6, 2003 being satisfied; deferrals requested in Section D of the township engineer’s letter pertaining to pavement widening and installation of curbing, sidewalk and street trees along Newlins Mill Road and Main Street be approved and also that all township departmental comments be satisfied.

PARK VIEW ESTATES PHASE 5 – Attorney Stan Margle, Developer Charles Chrin, and Engineer Don Frederickson were present with plans for Phase 5 of the major subdivision. Township engineer’s letter of March 4, 2003 was reviewed and the applicant did not have a problem with these comments. There was discussion on the status of Crest Blvd. being extended. Margle stated they were anxious to get it extended as well but they are waiting for Penn Dot to process the application. This has been at their office since June, 2002. Margle stated that this phase will not have any effect on Crest Blvd. It is on the north side of the development. Wilkins stated that it may not effect these new homes but other motorists may want to use this roadway to get to Tatamy Road. Bruno stated that the open space issues have to be resolved for the entire subdivision. This will be discussed with the Board of Supervisors. Sales stated that he would like all street signs to be installed in the bituminous concrete base course (BCBC). He stated this will be a standard comment from him which will help all emergency vehicles find the streets when needed. There were no other questions by any commission members, applicant or anyone in the audience. On motion by Stoneback, seconded by Grube, and agreed by all, the Commission recommended final approval by the Board of Supervisors for Park View Estates Phase 5 major subdivision plan subject to comments in the township engineer’s letter dated March 4, 2003 being satisfied; the HOP be obtained; the construction of Crest Blvd. to Tatamy Road be completed in this phase; the open space issue for the entire development be resolved by the Board of Supervisors; all street signs be installed at the BCBC stage of the roadways and that all township departmental comments be satisfied.

ROSEMONT EAST – William Penn Highway – Sketch Plan - Attorney Stan Margle, Cliff Johnston of Selvaggio Enterprises and their engineer from Rettew Associates were present with a sketch plan for the Rosemont property on William Penn Highway. The plan proposes the construction of a two-story office building containing approximately 8,000 sq. ft. This tract of land is located in the William Penn Highway overlay district. There are three options the applicant has. Request a zoning change from HDR to GC; go to the Zoning Hearing Board for variance relief or comply with all the overlay district regulations. The applicant stated they would be submitting application for zoning change for part of this tract of land. Commission members discussed the area with the applicant and Margle stated he would be in contact with Mr. Bruno regarding the rezoning request.

FENSTERMAKER – Tatamy Road – Conditional Use Request - Owner Dean Fenstermaker and Engineer Don Frederickson were present with a conditional use request to have a self storage development in this district which is PO/IP. The two gentlemen reviewed the conditions set in the Zoning Ordinance stating that they do meet all requirements of Section 190-210 #28. Commission member asked if there would be a lighting plan submitted. Frederickson noted that people would have access to the storage units anytime during the day, otherwise they would have to call for an appointment. There would be security lighting so they will have to have a lighting plan. Hours of operation would be five days a week, and a half a day Saturday. On motion by Grube, seconded by Wilkins, and agreed by all, the Commission voted to recommend final approval of the conditional use request for Dean Fenstermaker on Tatamy Road for self-storage units conditioned that a lighting plan be submitted to the engineer for review and their approval. Bruno noted that they would need an extension of time since the public hearing will not be able to be held, before the Board of Supervisors, until Monday, April 21, 2003. Frederickson noted he would fax an extension Wednesday morning.

FENSTERMAKER – Tatamy Road – Preliminary Plan - Dean Fenstermaker and Don Frederickson were present for the preliminary plan for the self-storage units on Tatamy Road. Engineer’s comments of February 5, 2003 were reviewed and the applicant did not have a problem with them. Dillman stated that Frederickson had submitted additional information to their office and felt that what was submitted addresses what was needed. On motion by Grube, seconded by Wilkins, and agreed by all, the Commission voted to recommend approval by the Board of Supervisors for the Dean Fenstermaker preliminary plan for self-storage units on Tatamy Road, subject to all comments in the township engineer’s letter dated February 5, 2003 being satisfied; waivers requested in Section C number 1 through 3 be approved; C-4 not be approved which refers to the fencing around the detention basin; waiver C-5, which refers to street trees to be located within one foot of the right-of-way to be reviewed by the Shade Tree Commission; C-6 and C-7 to be approved and all departmental comments to be complied with.

VILLAGES AT MILL RACE – Newlins Mill Road - Attorney Timothy Charlesworth and Harte Engineering were present with final plans for Phase 2 of Villages at Mill Race PRD. Township Engineer’s comments of March 6, 2003 were reviewed and there were no major problems with them. The one item discussed was for the final design of the proposed ecological filter. Engineer asked if this was needed for this phase. They would like to be able to submit it at the end of the developing stages. It was stated by the developer that there will not be a Home Owners Association and Sales noted that he received a letter from the County stating they hoped to have the bids out for the bridge by June 1^st. There are only two times a year that work can be done in the creek so construction would have to be around those times (3/1-6/15 and 10/1-12/31). There were no further questions by the Commission or applicant. Smith asked if there were any comments from the audience. Seeing none he called for a vote. On motion by Smith, seconded by Grandinetti, and agreed by all, the Commission voted to recommend final approval of Phase 2, final plan, Villages at Mill Race PRD subject to all comments of the Township Engineer in their letter dated March 6, 2003 be satisfied; waiver of Section 165-67B of the SALDO, in accordance with applicant’s letter dated 12/19/02 requesting access drive and driveways be granted and all outstanding issues relating to the tentative plan as related to this phase be approved and that all departmental comments be satisfied.

STARLITE ESTATES – Freemansburg Avenue & Mine Lane Road – Mr. Lou Ronca was present with his plan for a major subdivision plan which proposes 52 single family dwelling lots. The township engineer’s comments of February 26, 2003 were reviewed and there were no major problems with them. The issue on open space and cash contribution for the recreation fees was discussed. Commission asked Ronca what he proposed to do and he felt he would give that piece of open space for the parking area for LaBarre Park and do a cash contribution for the remainder of the fee that would have to be paid in lieu of land. He was asked what his feelings were on paving the parking lot and he did not think he was to do it. Sales stated it would be better if he did and Ronca also noted that he would like to use the money towards screening/buffer for the parking lot area. This issue to be discussed with the Board of Supervisors. There were no other comments by the Commission, applicant or anyone in the audience. Smith then called for a motion. On motion by Grandinetti, seconded by Grube, and agreed by four, Stoneback voting nay, the Commission voted to recommend final approval of the Starlite Estates preliminary/final major subdivision plan subject to all township engineer comments of February 26, 2003 being satisfied; the open space and cash contribution issue that is being proposed be resolved with the Board of Supervisors; with recommendation that the waiver in Section C of the township engineer’s letter and as confirmed by the letters of the applicant dated 02/19/03 and 3/04/03 be approved; Section 165-67B of the SALDO, pertaining to lots #50 and 51 only, be recommended for approval; it be determined whose responsibility it is for buffering and lighting of the parking area and all departmental comments be satisfied and that all street signs be placed in the BCBC stage.

HAY TERRACE SOUTH – Conditional Use Request – Sal Panto of Strausser Enterprises and Steve Pany, Engineer for applicant were present with a conditional use request for 32 townhouse units with garages and parking to the front of the unit or structure, which is to be determined if it is a portion of the front yards. Pany noted that there would be buffering between the new units and the existing Hay Terrace homes. There will be two parking courts for off-street parking. The loop road Kathryn Street/Hay Terrace will be a public street. Panto and Bruno discussed the other plan that is on still on the table that was submitted last time. Panto noted that if this plan receives approval, they will be withdrawing the other plan. Township engineer’s letter of February 24, 2003 was discussed. There were no problems with any of these comments. Commission members were advised that this plan must meet the requirements of the conditional use requests of Section 190.54C, which was distributed to all. Commission felt they did meet all requirements and Smith asked if there were any further questions or comments by any Commission member, applicant or member of the audience. Since there were not, Smith called for a motion. On motion by Grandinetti, seconded by Stoneback, and agreed by four, Wilkins voting nay, the Commission voted to recommend final approval by the Board of Supervisors for Hay Terrace South Conditional use request. Bruno noted that the public hearing would be held on April 29, 2003.

AMIN SUBDIVISION – Stocker Mill Road – Sketch Plan – Timothy Edinger of Base Engineering and Chitu Patel representing Dr. Amin were present with a sketch plan of a 12 lot residential subdivision off of Stocker Mill Road. Engineer’s comments of February 27, 2003 were reviewed. There was discussion on extending the cul-de-sac or leaving it as is. Commission members had different opinions on this. The developer to the North, Alex Hornstein, wrote a letter stating his feelings that there should be a connection between this new development and the land that separates his development to this one. There is a large piece of land between the two developments and he felt it was a good idea to have them connected. Also, departmental comments were discussed and the fire department felt the island in the middle of the cul-de-sac was to be removed. This would cause a problem if they would have to get their vehicles in this area. Edinger thanked the Commission for their comments and would be returning with revised plans.

NETHERLAND BULB CO., INC. – Palmer Industrial Park - Mr. John Lee, Architect and Mr. Lou Ferrone, Engineer for the applicant were present. Mr. Lee noted that they had received recommendation of approval by the Planning Commission in 1995 for this expansion. They never followed through with getting final approval and asked for a waiver of the 5 year clause that if nothing is done within five years, the plan is considered dead. He felt nothing has changed from that time and Bruno and Dillman as well as Commission members informed him that ordinances and rules and regulations have changed since 1995 and that is what they would have to go by now. Also, there is lack of information submitted for storm water calculations. Township engineer’s comments were reviewed and Ferrone noted that the basin designed in 1989 was larger than needed at that time so there would not be a problem with it now, with this expansion. Commission felt this plan was to be revised and come back to this Commission. At this time, Ferrone submitted revised plans to the township. On motion by Smith, seconded by Stoneback, and agreed by all, the Commission voted to table action on this plan until such time as the engineer reviews the revised plans and that storm water calculations are submitted for review.

On motion by Grandinetti, seconded by Wilkins, and agreed by all, the meeting was adjourned at 10:20 p.m.

Diane Grube, Corr. Sec.