PALMER TOWNSHIP PLANNING COMMISSION

FEBRUARY 22, 2007

The regular monthly meeting of the Palmer Township Planning Commission was held on Thursday, February 22, 2007 at 7:00 p.m. in the Municipal Building with all members in attendance except Rizzolino. Chairman Grube convened the meeting by leading those present with the Pledge to the Flag.

MINUTES OF THE PREVIOUS MEETING – On motion by Rickert, seconded by Stoneback, and agreed by all, the minutes of the January meeting were approved.

FIRST CHOICE PORTABLE MOVING COMPANY – Attorney Tamer Ahmed was present and reviewed the application. He also informed the Board that Henise Tire Company is not coming to this site now. He noted that he was here tonight just for First Choice Portable Moving Company which consists of pods. He noted that his client has hired a fire inspector to review the fire suppression system. Amanda Jensen stated at this time that Mike Metzgar from Base Engineering has inspected and sent his report to the township. Tamer reviewed Base Engineering’s report which stated that they recommend, that at a minimum, the external fire loop be repaired or rebuilt to current standards. They must also test the interior fire system according to the report. Tamer reported the existing one was determined not functional. A fire detection system should be installed in the building and directed to an off-site notification service. Tamer noted this is not required according to the fire code and the rating. Rickert asked if the pods would be stored onsite or if people would be renting space to place them in the building. A pods representative was in attendance and stated that they would be a tenant in this complex and they would deliver the pods to the homeowner and they would keep it at home or have it picked up and taken back to the warehouse to be stored. The company itself has special rules as to when a homeowner need to get items from their pod. Rickert feels there will be problem with the pods staying at the home and a problem with zoning. Zoning Administrator reported that there is a time limit on this. pods will be stored inside with some empty ones outside. Mr. Hank Clemmer of Gilmore & Associates was present and spoke on the fire standards that he used for inspection of property. He noted there were four hydrants surrounding the property and sprinklers are not required by code. Commission asked if the company has a right to inspect what is being stored in the pods. Representative responded yes they do and remarked that 75% of the pod itself is steel. Jensen asked if they were willing to do the sprinkler system since we are asking for it and he stated the applicant probably will not be willing to do this. Tamer at this point made a comment that they were grandfathered. Young asked why they think they are and asked the opinion of the solicitor. Young questioned this stating that if this is a new company coming in why would they be grandfathered from any rules? Bruno will look into this. Jensen explained the replacing of one type of business with a similar business and the abandonment of a section of the building. Wilkins asked if the only concern was the fire protection. Jensen stated that the Fire Commissioner stated if Base Engineering was satisfied with their inspection and their report that he would go by what they recommend.

Young noted that it was stated tonight that there would be storage inside and out. The Commission as well as the Board of Supervisors will need a plan showing this storage. There were no plans or paperwork for the Commission to review. Grube feels the applicant should speak with the township Fire Commissioner as well as Jensen to get his opinion and report. This will all have to be researched and reviewed. Commission noted they would feel better if the Fire Commissioner reviewed this report and also that he should speak with Metzgar. Dillman stated their letter of October 6, 2007 has to be addressed. Rickert asked if they will be willing to give an extension since there is other information they need to received and review before they can pass this onto the Board of Supervisors. They must amend their application; meet with the Fire Commissioner; satisfy the engineer’s comment letter. Tamer stated he would give an extension until the end of March for each of the applicants – First Choice Storage and TruGreen. Bruno asked what the status was for TruGreen. Jensen responded that they have not withdrawn but also there was nothing submitted from them. On motion by Young, seconded by Rickert, and agreed by all, the Commission voted to table action on this plan.

EASTON AREA SCHOOL DISTRICT – Edgewood Avenue - Bruno stated there is a request for amendment to the zoning ordinance to allow schools in the HI zoning district as a conditional use. This amendment is running simultaneous with a conditional use request from the EASD. Attorney Alan McFall and School Representative Joe Kish were present. They discussed what their request is for this amendment. Commission member asked about the traffic in the area and Kish stated there would be 4 or 5 buses a day to the facility. He also stated they are trying not to allow students to drive but there are parking spaces available. The small plan shows a drop off/pick up area near the bike path. There is also an off street drop off – rear of building with appropriate signage. Asked if there was going to be any outdoor play area and Kish noted there would be a basketball area. The schooling includes grades 5 to 12. Rickert asked if the office space will be the same as it was with Binney & Smith and Kish stated yes. The vehicle maintenance will not be on site; there will be some storage; and a portion of the building is on a tract of land that is below 100 year storm limited so it can only be used for storage. Commission asked about the end of day pick up. Kish stated a majority of the kids go to Vo-Tech so a majority of the kids gone by mid day; and the pick up for the middle school is different than the high school. All building should be accessible in the event of a 100 year storm. Engineer’s letter issues are to be satisfied on the actual site plan when submitted. Dillman noted that Supervisor Lammi discussed with him the hazardous uses on adjoining properties. Are facilities set back far enough with kids in the area? This is something that they will have to research due to the kids in the buildings. The School District is okay with identifying these hazardous materials near the site and the school district is not doing anything in close proximity to this building. Bruno noted this should be added to the amendment but the proximity needs to be determined. On motion by Wilkins, seconded by Young, and agreed by all, the Commission voted to recommend approval of the Zoning Ordinance amendment to include schooling in the HI district as discussed.

On motion by Rickert, seconded by Stoneback, and agreed by all, the Commission voted to recommend approval of the conditional use for this site under the new ordinance proposed and also that the township engineer’s letter of February 9, 2007 and all departmental comments be satisfied.

STARLITE ESTATES – Mr. Steve Kerbacher and Mike Madtes were present with plans for a lot line adjustment along the Penn DOT property that borders some of the properties in the Starlite Estates residential development. Kerbacher stated they did not have any problems or questions with the engineer’s letter. He noted that they inadvertently had taken some property of Penn DOT’s and the line needs to be readjusted. Everyone involved has been notified. Young asked the status of the parking lot for LaBarre Park. Jensen stated it is almost ready to turn it over to the township. Young stated there is a lot of debris on this lot and Jensen stated yes, they are getting it cleared up. She also stated that this is not the owner of the development that is asking for this lot line adjustment. The Board of Supervisors gave extensions to the developer of the Starlite Estates and this is one of the reasons that the parking lot is not complete yet. She will take this issue to the Supervisors next Tuesday. Bruno stated this issue is in the improvements agreement and there is a deadline for it. Young feels we should recommend extensions not be made. On motion by Rickert, seconded by Young and agreed by all, the Commission voted to recommend conditional approval of the lot line adjustment with the issues in the township engineer’s letter of February 8, 2007 being satisfied and that the Board of Supervisors give some concern about the recreation parking lot improvements being extended and that this be taken care of promptly.

PROLOGIS – Rt. 33 - Attorney Stan Margle was present seeking preliminary/final approval of the site development plan. Margle stated the major subdivision plan is not yet recorded but will be shortly. This plan is for consolidating lots and it consists of a small portion in Palmer. Margle also stated that they have received verbal approval for the traffic signal and they are waiting for the permit. The latest review letter from the township engineer was reviewed. Margle noted that they are aware that their Occupancy permit will not be received until all conditions of this letter are complied with. The improvements that are required to be completed, he feels, are off site and not for the development. Their truck traffic will not be using Hollo Road. Wilkins asked if there was a time table for building or improvements to road. Margle stated they have a subdivision improvements agreement which recommends everything being done in 12 months. Dillman stated he feels these improvements are frontage improvements not off site improvements. The letter from Snyder Hoffman, the lighting consultant was reviewed and noted that they are not in compliance with township ordinance. Margle stated they will be happy to amend what they are proposing if need be but explained why they did it this way. Bruno stated this is a zoning ordinance issue and they will have to go to the Zoning Hearing Board. Waivers and deferrals were discussed. Margle noted everything will be completed at time of the certificate of occupancy being issued.

On motion by Rickert, seconded by Young, and agreed by all, the Commission voted to recommend conditional approval for Prologis conditioned that all issues in the township engineer’s letter dated February 9, 2007 be fulfilled; all departmental comments be satisfied; they are to satisfy Snyder Hoffman’s concerns stated in their lighting review letter dated February 13, 2007 and that the following waivers be approved: Preliminary Plan Checklist Item B.2 regarding scale of drawing; Preliminary Plan Checklist Item K.1 regarding evergreen screening; 615-63.K (3) regarding maximum inside slope of detention pond; 165-63.K(8) regarding landscaped screening of detention basin; 165-73 regarding use of evergreen trees in lieu of deciduous street trees at the intersection of the new access road with Hollo Road; 165-63.K(7) regarding detention basin fencing; 165-31 through 165-34 regarding preliminary plan submission requirements; 165-87 regarding submission of a carbonate assessment report and that the following deferrals be approved: Preliminary Plan checklist Item F.8 regarding parking requirements and 165-75, 165-69A and 165-73.A regarding curbing, sidewalk and street tree installation along Hollo Road and Van Buren Road.

SCHAFER’S PLACE – Mr. Barry Miles and Mr. Dan Gray were present with plans for this development and noted that they modified the parking area due to the fire department’s comments. There is a buffer area and they added a fence on Carbon Street. They worked out an agreement with neighbors for driveway issue and everyone is satisfied with it. There is additional lighting and the geotechnical report is being reviewed by the township’s geotechnical engineer. There are no issues with the township engineer’s letter; and they revised their waiver request letter. The environmental assessment of the building has been done and the report will be forwarded to Jensen. Commission noted the buffer is half of what is required and Miles noted they will be putting a fence along the top of the wall to prevent people from going over wall. Jensen stated one reason for the buffer was due to headlights shining into homes. Grave noted they would like to landscape on both sides of fence and they know this is up to the Code Department. On motion by Stoneback, seconded by Wilkins, and agreed by all, the Commission recommended preliminary approval of Schafer’s Place conditioned that all issues in the township engineer’s letter be satisfied; all departmental comments be satisfied and that the two waivers requested be approved. These waivers are Section 165-61.E(2)(a) – Double Frontage Lot Buffer Yard and Section 165-62 Recreation Land/Common Open Space. Jensen also noted that a demolition permit must be obtained.

Planning director’s comments – Jensen noted she has information on the Lehigh Valley Ag Summit if anyone is interested, see her.

On motion by Wilkins, seconded by Young, and agreed by all, the meeting was adjourned at 9:00 p.m.

Diane Grube, Corr. Sec.