THURSDAY, DECEMBER 20, 2007
MEMBERS PRESENT MEMBERS
ABSENT
Jim
Zeiters
Carol
Buskirk
Rick
Bolt
Gerry
Longenecker
Dave
Wingeard
Marlin
Moyer
Bill
Ostermayer
STAFF PRESENT
Robert
Leonard, Zoning Administrator Julie
Hoepfer, Administrative Assistant
Jason
Finnerty, DCPC Al
Brulo, Township Engineer
OTHERS PRESENT
Drew
Williams Rob
Shafffer
Sheri
& Bill Anderson Mr.
& Mrs. Hrivnack
Chris
Scott Craig
Bachick
Steve
Kretzing Pyhllis
Zimmerman
Roger
Cackovic James
DeCisio
Todd
Wilson Fawn
I. CALL TO ORDER: 7:00 p.m.
II.
ROLL CALL: Noted by
Secretary
III.
APPROVAL OF
MINUTES: Ms. Buskirk moved, seconded by Mr. Ostermayer to approve the November
15, 2007 meeting minutes as presented.
Motion passed with Mr. Moyer abstaining.
IV.
PUBLIC COMMENT
V. SUBDIVISION/LAND DEVELOPMENT
APPLICATIONS
A.
Conferral/Sketch
Plans
B.
Preliminary
and/or Final Subdivision/Land Development Plans
1.
There was considerable discussion regarding stormwater
with this site. It was determined that
infiltration is not feasible on site so there can be no groundwater
recharge. An exemption must be
requested. Water quality will be
accomplished through water gardens, which will handle small amounts of
water. The majority of the stormwater
will be collected and treated through a terra clean system. This system will filter out sediments and
some pollutants. Mr. Bolt cautioned the
applicant about maintenance on this system.
It will have to be monitored and properly maintained in order for it to
continue to function properly.
Mr. Brulo recommended that the Township consider
requesting the applicant to enter into an agreement to provide a contribution
of $15,800 towards the improvements associated with the Exit 77 project. The applicant acknowledges this request.
Mr. Finnerty, DCPC, touch on a few comments from the
review submitted many months ago on this project.
Mr. Leonard stated he had no additional comments. There was a letter received from DCCD
regarding outstanding items for the NPDES permit.
There was additional discussion regarding the rain
gardens and water quality. It was
suggested by Mr. Longenecker, that options for subsurface bio-retention be
considered. It was asked if flows were
reduced from runoff from those currently existing, Ms. Cassel noted that flows were
significantly reduced.
Mr. Moyer asked if a requirement can be made that the
Terra Clean System be maintained. Mr.
Brulo stated, “yes”, DEP requires maintenance.
Ms. Buskirk presented the EAC comments dated 12/12/07:
1. Of
major concern is the water quality and that every opportunity be utilized to
maximize the water quality of the run off.
Ms. Buskirk noted she did some research on the Terra Clean System and
while it is good at removing particles, concern was expressed about residues of
salt, vehicle oils, etc. Research stated
that this system works best when combined with other BMP’s.
Mr. Brulo suggested one of the parking islands could
be used for additional infiltration by depressing the area, installing an inlet
and using curbs and plantings. This may
even handle at least half of the flows from the parking lot and provide some
pre treatment. Ms. Cassel stated they
would take it under consideration.
Ms. Buskirk acknowledged the letter received from DCCD
dated 12/20/07 and read as follows; “Although stream degradation due to a
single development project alone may not surface immediately, it is the
cumulative effect of multiple projects, creating large amounts of impervious
surface, over time that have an adverse effect on the watershed. Studies conducted by the Center for Watershed
Protection have shown that when a watersheds imperviousness exceeds 10 to 15%
there is a negative effect on the streams biodiversity. We implore you to take this into account when
reviewing future permits.”
Mr. Ostermayer stated he was not happy with the water
quality. Oils, grease, and diesel will
not be treated effectively and will go straight into Manada Creek.
Mr. Wingeard asked if the motel had to be so big. Ms. Cassels noted that it is the smallest
footprint available. Mr. Wingeard felt
it was too big for such a small site.
Mr. Brulo reminded the Commission that this is a
preliminary plan and their biggest hurdle will be the NPDES permit. It will need to be in place for the Board of
Supervisor’s review or made a contingency.
Either way the plan will not be recorded without it.
Chairman Zeiters announced that he would entertain
public comment and informed the audience that this was NOT a public
hearing. Chairman Zeiters asked that comments
be limited to the technical aspects of the Township’s ordinances.
Chris Scott,
Mr. Longenecker felt that the Terra Clean System is
technology that is used when a site is over built.
There was more discussion on the plan and ordinance
requirements. It was agreed that legally
there did not appear to be anything substantial to base a denial on.
Mr. Scott asked if the Commission would consider
tabling the plan until January. The
residents have hired an environmental attorney and maybe he could help the
Commission with their motion. Chairman
Zeiters stated that is an issue to take to the Board of Supervisors.
Motion #1
Mr. Bolt moved, seconded by Mr. Moyer to recommend
approval of the following wavier:
1. Section
173-37B(3) Exemption from parkland dedication and waiver from paying FILO. The motion passed 4-3 with Mr. Ostermayer,
Ms. Buskirk and Mr. Wingeard voting nay.
Motion #2
Mr. Bolt moved, seconded by Mr. Moyer to recommend
approval of preliminary land development plan #07.012 Harper Drive Hotel, 253
Harper Drive, tax parcel #68-024-081 contingent upon:
· Submission of a sewage planning module to the SEO,
ready to PA DEP
· Submission of a Chapter 105 permit application for
stormwater discharge to PA DEP and Township Engineer
· Update the E & S Control Plan
· Approval of waivers by the BOS
· Addressing outstanding review comments from the
Township Staff, Township Engineer, and other reviewing agencies, boards, and
committees.
· Other items determined necessary by Township
Ordinances
The motion passed 4-3 with Mr. Ostermayer, Ms. Buskirk
and Mr. Wingeard voting nay.
Ms. Buskirk noted she voted against the plan due to
the risk to water quality and the use of the Terra Clean System. By using the “No Harm Option” the hotel will
be contributing to the pollution of the creek and the Township.
Mr. Wingeard stated that even though the plan meets
the ordinance, he just cannot vote for approval.
Mr. Leonard will pass on concerns of the Planning
Commission to the Board of Supervisors.
Chairman Zeiters suggested updating the ordinance to limit the number of
units per acre for hotels and motels.
2.
#07.006 F/LSB
Roger & Alice Cackovic (Action by 2/5/08) – Mr. Shaffer, Act
One Consultants, was in attendance representing the plan.
Mr. Brulo stated the plan was in pretty good shape and
presented a few comments from his report dated 12/13/07:
#5 Access to
lot 3 over Lot 1 from
#6A Plan shows
storm sewers that will convey stormwater from the cul-de-sac across
Mr. Leonard noted that all agreements will be reviewed
by the Township Solicitor.
DCPC and the EAC had no additional comments.
Motion #1
Mr. Ostermayer moved, seconded by Mr. Wingeard to
recommend approval of the following waivers:
1. Section
173-11A Preliminary plan requirements
2. Section
173-11B(2)(bb) Existing contours
3. Section
173-37B(2) Dedication of parkland
4. Section
173-11B(3)(b) Sewage Planning Module
5. Section
173-11B(3)(a) Erosion & Sedimentation Control Plan
6. Section
173-37G(1) Paying FILO
The
motion passed unanimously.
Motion #2
Mr. Ostermayer moved, seconded by Mr. Wingeard, to
recommend approval of final subdivision plan #07.006 Roger J & Alice M
Cackovic,
· Approval of waivers by the BOS
· Recording of all conservation, access, ownership and
maintenance agreements with the plan.
· Addressing outstanding review comments from the
Township Staff, Township Engineer, and other reviewing agencies, boards, and
committees.
· Other items determined necessary by Township
Ordinances
The motion passed unanimously.
3. #07.014 P/SB
Mr. Brulo presented comments from his report dated
12/13/07:
#8 The Zoning
Officer should determine whether the parking areas that will cross the property
lines will cause any conformance issues with the Zoning Ordinance. Mr. Wilson stated they will be removed or an
easement provided.
#11 Provide truck turning exhibits for left and right
turning vehicles entering and exiting the Main Driveway from
#12 We recommend that the Township consider requesting
the applicant to enter into an agreement to provide a contribution towards the
Exit 77 improvements based on their increase in traffic to the project.
Mr. Leonard noted that the stormwater design has
improved over the previous submission.
Mr. Wilson explained a change in the sanitary sewer
line. It is now proposed through the
Township property. Mr. Brulo stated
there are to be improvements made at the Public Works site. The applicants indicated they spoke with the
Township Manager and he recommended they bring the proposal to the Board of
Supervisors for a decision. Mr. Brulo
suggested Mr. Wilson contact Brenda Wick at HRG to ascertain if there will be
any conflicts with what they are proposing.
Ms. Buskirk presented the EAC comments as follows:
#1 Basin 2 –
show the WQ planting in there as well,.
#3 Add measures below the snow removal area to protect
the wetland from salt. These could be a
low earth berm, and planting the area with deeply rooted forbs and
flowers. This area would not be mowed.
Zoning #1 HSPOD
– should be identified on the plan as a conservation easement.
Motion #1
Mr. Ostermayer moved, seconded by Mr. Bolt to
recommend approval of the following waiver:
1. Section
173-37 Exemption of parkland dedication and waiver of paying FILO.
The
motion passed unanimously.
Motion #2
Mr. Ostermayer moved, seconded by Mr. Bolt to
recommend approval of preliminary subdivision plan #07.014
· Addressing outstanding review comments from the
Township Staff, Township Engineer, and other reviewing agencies, boards, and
committees.
· Other items determined necessary by Township
Ordinances
The motion passed unanimously.
4. #07.015 F/LD Olde Towne Hanover Phase I (Action by
3/18/08) – Mr. Bachick and Mr.
Kretzing of Kairos Design were in attendance to represent the plan.
Mr. Brulo presented his comments dated 12/13/07:
#4 Provide a
copy of the HOP permit application to PENNDOT.
Mr. Bachick explained they are proposing a signal phased approach. The first phase with have no impact on A.M.
and P.M. hours. What is needed is stop
sign control. Area will be monitored and
when it meets warrants, the signal will be installed.
#5 Comments
regarding the FEMA CLOMR UNT to Manada Creek Flood study were provided under
separate cover.
#11 The anticipated dates of the construction of the
three proposed phases are different from those shown on the Preliminary Plan.
#25 In
accordance with the approved Preliminary Plan, an agreement describing the
applicant’s contributions toward roadway and signal improvements at Exit 77
& SR 39 and SR 39 at SR 22 shall be provided to the Township. The plan does not show a signal at the
proposed driveway onto Rt 39, but does indicate that lanes will be constructed
along SR 39. The plan does not show
construction of new lanes at the intersection of SR 22 and SR 39.
Mr. Williams, developer, noted that he has been in
touch with other developers in the area and will be coordinating with them on
area improvements.
Mr. Finnerty, DCPC, presented his report.
Mr. Leonard noted that the plan appears in good shape
and hinges on State HOP and CLOMR permits.
Ms. Buskirk noted that most of the EAC comments have
been resolved.
Motion #1
Mr. Ostermayer moved, seconded by Mr. Wingeard to
recommend approval of the following waivers:
1. Section
173-37 Parkland dedication
The motion passed with Mr. Longenecker and Mr. Bolt
abstaining.
Motion #2
Mr. Ostermayer moved, seconded by Mr. Wingeard to
recommend approval of final land development plan #07.015 Olde Towne Hanover
Phase I, of Williams Holding Group, Tax parcel #68-024-088, 208, 094, 116 &
096 contingent upon:
· Approval of the sewer system by WHT Water & Sewer
Authority
· Application for floodplain map revision
· Addressing outstanding review comments from the
Township Staff, Township Engineer, and other reviewing agencies, boards, and
committees.
· Other items determined necessary by Township
Ordinances
The motion passed with Mr. Longenecker and Mr. Bolt
abstaining.
VI.
OLD BUSINESS
A.
SALDO Updates – tabled
B.
Zoning
Ordinance – Review of farm animals – tabled
C.
Transportation
Element of Comprehensive Plan, Chapters XIII & XIV – Ms. Buskirk wondered why Rt. 39 would not be
classified as
Motion: Mr. Wingeard
moved, seconded by Mr. Moyer to recommend approval of the Transportation of Element of the
Comprehensive Plan to the Board of Supervisors.
The motion passed unanimously.
Mr. Leonard indicated the BOS may want to schedule a
workshop prior to adoption.
VII. NEW BUSINESS
X.
ANY OTHER
BUSINESS THAT MAY COME BEFORE THE COMMISSION
By consensus the Commission recommended the
re-appointment of Carol Buskirk to the Planning Commission.
The Commission and staff thanked Mr. Moyer for his service.
XI. ADJOURNMENT
The meeting adjourned at 9:35 p.m.