PALMER TOWNSHIP PLANNING COMMISSION

May 8, 2007

The regular monthly meeting of the Palmer Township Planning Commission was held on Tuesday, May 08, 2007 with all members in attendance except Wilkins and Stoneback. Also in attendance were Planning Director Amanda Jensen, Engineer Brian Dillman and Solicitor Charles Bruno and Supervisor Liaison Robert Lammi. Media was represented by Courtney Lomax of the Express and Madeline Mathis of the Morning Call. Chairman Grube opened the meeting and led those present in the Pledge to the Flag.

MINUTES OF FEBRUARY – On motion by Rickert, seconded by Grandinetti, and agreed by all, the minutes of February were approved as written.

MAJESTIC ATHLETIC – 9 McFadden Road – Site Plan – Conditional Use Request - Mr. James Knicos was present along with his attorney Edward Andres and engineer David Martin of Keystone Consulting Engineers. Attorney Andres explained to the Commission that this facility was a manufacturing center for plastic products and they would like to change it to a distribution center. He stated they want to reconsider their application and realize they have to go to the Zoning Hearing Board for a use variance. Also they would need zoning relief for a distribution center, before they go before the Board of Supervisors. Attorney Andres stated that tonight they are requesting the Commission review their application and asked for a recommendation to the Zoning Board. This facility will be storage of sporting goods wear. There were various expansions for this building throughout the years and Mr. Knicos has always owned it. This will be used by Majestic for just storage but there could be at times a salesperson on site. Majestic would have approximately 6 to 8 trucks daily. This is quite a decrease in truck traffic compared to what Nicos used. There will not be any storage or repair services on this site or vehicle services. A letter was sent to our Solicitor from their Solicitor and it is to be forwarded to the township. This Commission usually does not give recommendations but when it comes to a use this is more of a planning issue and the Commission could give a recommendation to the Zoning Hearing Board. Attorney Andres requested that this plan be put on hold and they would prepare a use variance application, return to this Commission in June to get comments on the application and get on the Zoning Hearing agenda for the July meeting and then return to the Planning Commission. An extension of time will be needed and Attorney Andres agreed to this and will send it out. On motion by Rickert, seconded by Rizzolino, and agreed by all, the Commission voted to table action on this plan until the June meeting provided extension is received.

ESTATES OF NORTHWOOD – Northwood Avenue - Subdivision Plan - Nick Pugliese was present with his plan for a re-subdivision of a lot in his previously approved development. He stated he would be taking the existing home down and would like to construct two homes. He would be using the existing entrance in front for one house and construct a new driveway for the other one. Engineer’s comments were reviewed and Pugliese did not have any problems. It was noted that the shed was to be removed and it should be noted on the plan. On motion by Rickert, seconded by Grandinetti, and agreed by all, the Commission voted to recommend conditional approval of the re-subdivision plan for N. J. Pugliese’s Northwood Estates subject that the engineer’s comments of their letter of May 1, 2007 being satisfied as well as any staff comments and that all recreation fees be paid.

SCHAFER’S PLACE – Berks Street – Final Plan - Mr. Daniel Gallagher and Engineer Dan Gray were present with final plans for this development. Mr. Gray stated there were no issues with township engineer letter. Gray did state that the curbing in front of the two properties that are next to the development would not be able to be installed due to a grading problem. Dillman stated he would like to review this and Gray noted they did submit the cross sections. There was discussion of the second floor terrace/decks. They have a plan that has to be submitted to the zoning officer and noted they would keep these decks or terraces within the building envelope of the property. 200’ of private outdoor space is required and they have to be inside the exterior building wall to be private. Gallagher noted that the agreement with the two property owners that will have a shared access agreement has not been finalized yet. Gallagher stated there is a problem with the property owners as to who is going to maintain it. There will not be a homeowners association; these are apartments and the applicant is the owner, they are not condos. The curbing was again discussed and the applicant noted they were more than willing to install curbing but there will be a slope and then there will be a water problem. Dillman to review this. Rizzolino stated the only problem he feels there is would be the curbing issue. Young questioned the buffer and asked if there was any elevating of the land that would have lights shine into existing homes. Gray stated there will not be any elevation, just a berm with landscaping. Gallagher asked if the deck/terrace could be a condition and that the plan not be held up for this issue. Grube stated he has a concern with the agreement that has not be resolved and asked if the plan they have before them could be changed if the agreement does not get approved. Gallagher explained that this property was given to the property owners and the problem is that they want it maintained. It is a shared driveway and the property owners have to straighten this out. This will not have any effect on this plan at all. On motion by Young, seconded by Rickert, and agreed by all, the Commission voted to recommend conditional approval for the final plan for Schafer’s Place conditioned that all comments in the township engineer’s letter dated May 3, 2007 be met; all departmental comments of May 4, 2007 be satisfied; that the shared access agreement be resolved; resolution be made from the zoning officer in regards to the second floor terraces before going to the Board of Supervisors; the curbing issue gets reviewed and agreed upon by the township engineer as far as not putting in the curbing and the requested deferral for be received and the improvements be shown on the plan.

NORWOOD COMPANIES – Final Plan - Mr. Thomas Meagher of Norwood Companies was present along with Paul Szewczak of Liberty Engineering and Attorney Leo DeVito. Szewczak noted they do not have a tenant yet and know that they have to come back for use approval when there is a tenant for this building. Dillman noted that the township has been approached by other developers for surrounding properties and there was discussion on future reconstruction for Newlins Mill Road which is the main travel way for truck traffic. The total reconstruction of Newlins Mill Road is a large project for one company to bear and Dillman noted the township engineer is looking into this project as a join effort with the 8 or 9 land owners on this roadway. This has to be discussed with Board of Supervisors and will be done the end of this month. Applicant stated they will do their property since they will have their share of the impact on this roadway. Dillman noted there are not any major concerns in their letter. Dillman noted there are clean up items and it is not worth holding up this plan for these. There were no other comments from anyone. On motion by Grandinetti, seconded by Rickert, and agreed by all, the Board voted to recommend conditional approval of the Norwood Properties plan subject to all Engineering comments being satisfied in their letter dated April 6, 2007; all department comments dated May 4, 2007 being satisfied; recreation fees being paid; and that they return to this Commission when an occupancy permit is needed.

PARKVIEW ESTATES – Surry Drive - Jensen read a letter from the applicant’s engineer asking that the plan be tabled at this time. On motion by Rickert, seconded by Young, and agreed by all, the plan was tabled as requested by the applicant.

VILLAGES AT WOLF’S RUN –Van Buren Road – Preliminary Plan - Sal Panto was present for the applicant along with Phil Siebert of Ott Engineering. Siebert stated that they have met with Northampton County Conservation District regarding the environmental and soil control plan and they are in the process of complying with their letter. They expect to receive approval within a month. Seibert showed the proposed culvert design for the replacement of the culvert along Van Buren Road. It is an arched culvert and this is proposed for Phase 2, but they are willing to secure it prior to Phase one. They would like to get the permitting and would like to get this done prior to the preliminary approval. Dillman suggested getting the design approved with the township and get it done early due to the long process. Panto stated they had met with the Meilingers and the improvements of the frontage in along their property on Van Buren Road. The improvements would go to their gate and the gate would have to be placed further back due to the width proposed. Siebert reviewed engineer’s letter. Discussed the slope of the sanitary sewer pipe as it is minimal, almost flat. Dillman stated they need in writing an agreement with PPL and the disposing of materials in the PPL easement and also have it placed on the grading plan. Seibert stated they do not have a problem with any of the comments but they will have to discuss the landscaping with zoning officer as far as the tree line. The zoning officer did send a statement in regards to the buffer. Siebert stated they would be eliminating the pedestrian link across the culvert due to dangerous traveling across the creek. Young stated they always discussed having a path along the Schoeneck Creek and asked why did they have it on the plan and everyone saw it and now they are pulling it off. Young also feels that there should be an easement along the creek itself and it should be shown on the plan even if it doesn’t get built right now. Jensen feels this is a very good idea and Young stated he will take this back to the Recreation Board. Panto stated the crossing is across the flood plain. Panto stated economics was the reason why it was removed since now they have to do this bridge reconstruction and feels the anticipated requirements for the pedestrian bridge would be of substantial size. If the township wants the path on the plan they will put it back on since it is a path to the park. Grube stated he feels the same that the pedestrian path should be put back on. Rickert questioned why this path stops as shown on the plan. Siebert noted with the conversation tonight they will put the path back on and that this will then continue. Rizzolino and Grandinetti stated they would like to see it connect also. Panto stated there was money in the recreation fund that could go towards this pedestrian path. Lammi stated the purpose of the bridge was for the kids to get to the park and of course during storm there will not be any kids out on the fields. This pedestrian bridge is to link the two villages and have a walk path throughout development to this bridge and along the creek but then to have it dead ended at Meilinger property is not good; somehow they have to get around it. They should have an easement along creek to Van Buren Road and on the east side of creek. Not worth making a recreation path as there is nothing currently to connect just get the easement for future developing. Do not want construction vehicles coming through the existing Wolf’s Run development. Jensen to speak with Jim Lawrence at the conservation district on his response letter. There was discussion on the roads and the Commission was under the impression that these roads were to be private owned/private maintained. Panto stated they will be public roads but there will be a homeowners association created to maintain the alleyways and any common open space that will not be further developed. It was noted that there is to be a note on the plan stating that the common open space will not be developed. Dillman noted this means they will be dedicating the streets and storm water systems. Need easements to be dedicated for the storm water system. Siebert noted that they were able to get 30 foot wide drainage easements at all locations except three and in those they could only get 20 feet. Dillman noted he was okay with this, that it was reasonable. Jensen reviewed her comments and asked how a visitor/resident would know that the open space is common open space, would there be signage stating this. Panto stated there would be. Young asked about the road improvements along Van Buren Road and why does it include the Meilinger property. Siebert explained that there would be a small section that is the Meilinger property and if the developer did the complete roadway it would “flow” better with the complete roadway being done instead of not doing this small section. Also, a buffer is required if any new development is within 120’and Siebert stated they are not within the 120 feet. Young feels there should be extra buffering done to protect the property. Township staff to check to see what and how many trees are being preserved and check to see if any additional buffering is needed. It was motioned by Rickert, and seconded by Young to table action on this plan until a revised plan is submitted. Grube asked if there were any questions from the audience. Attorney Dennis DeEsch represents Meilinger and he stated he has a sketch of the proposed culvert showing the “third” culvert which is on the Meilinger property. This has not be agreed to as of yet and they have to get a meeting together. Panto stated he agreed with this and they have to get together for this project.

Bill Hartin, Meilinger’s fiancé spoke on the water in area. He would like to see retention or detention built into the plan since it is a concern with them. Dillman noted the flood plan is not expanded with this development. The way it is going to be designed there is no change to conditions on either side of Van Buren Road except now the roadway will not be flooded as in the past, it will be in the culvert. Hartin noted now the flood water will be under the roadway and get onto their property. Dillman stated this increase is not from this development. It could be from the volume of rain that we have received. This proposed culvert is intended to carry the 100 year storm. Grube called for a vote which was agreed by all. Applicant’s extension letter was revised and sent to solicitor’s office.

HAY TERRACE – Sketch Plan - Phil Siebert of Ott Engineering was present with the sketch plan for this proposed subdivision. He noted the plan proposed a lot line adjustment between three existing lots and a minor subdivision which would create two residential building lots. There will not be a need for any new roadways. Siebert noted they could build three townhouses or two single family homes. There was discussion on the minimum frontage and the flag lot and also if this would be a private roadway the frontage issue could change. There is a requirement of 75’ for a separation for the centerlines of the proposed driveways which they do not have. They realize they do have to get a zoning variance. Jensen discussed the comments by the Director of Public Utilities and the crossing of the sanitary sewer line. There would have to be an agreement between the developer and the Palmer Township Municipal Sewer Authority. Commission thanked Siebert for his review of this sketch plan.

PLANNING DIRECTOR’S COMMENTS – Jensen stated she has the LVPC Greenways plan for review which she did. If anyone is interested in reviewing it see her.

Jensen then discussed the proposed development in Lower Nazareth Township right at Palmer’s boundary. It is for three very large distribution facilities. These facilities would definitely impact the Newburg Homes development with noise/lighting/traffic/24 hour facility. There is going to be a conditional use hearing Wednesday and the solicitor and engineer will be attending. Board of Supervisors have sent a letter to Lower Nazareth stating they would like to be involved with this plan.

PUBLIC COMMENT – None.

On motion by Rickert, seconded by Young, and agreed by all, the meeting was adjourned at 9:45 p.m.

Diane Grube, Corr. Sec.