Meeting Minutes

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Planning Commission
Tuesday, March 02 2010

Members Present

Theodore Hauptman

Dr. Arthur Friedman

Steven B. Long

Edward Ingle

Excused

Evan J. Stone

Keith Garverich

James E. Kinney

Others Present

George Komelasky, Supervisor Liaison

J. Jerome Skrincosky, Township Planner

Bryan McAdam, CKS Engineers

Michael Solomon, Director of Zoning and Planning

Chairman Hauptman called the meeting to order at 7:33 PM and led the Pledge of Allegiance. There was also a moment of silence for our men and women in the armed services.

Minutes

A motion (Ingle/Friedman) was made to approve the minutes of the public meeting of February 2, 2010 (4-0).

Miracle League Field - Site Plan Review

Kevin Selger, Landscape Architect from Gilmore & Associates, Inc., was present along with the applicant Bill Gannon from the Miracle League Board of Directors.

Mr. Selger once again provided an overview of the project, which involves the construction of fields and walkways for those with disabilities.He noted the stormwater facilities and stated that there has been no change to the plans other than the identification of future playgrounds, which are not part of this application.

Mr. Selger noted that many of the issues raised at the last meeting have been addressed in a memo from Nancy Opalka, Parks and Recreation Director.Mr. Hauptman noted the memo has been received, which addresses many of the issues raised at the last meeting.

At this point, Public Comment was received by the Planning Commission.

Debbie Katz, 150 Whitney Lane, stated that the Miracle League program will be a big value to the community.

Mike Fitzgerald, 23 Antler Drive, noted that this facility will afford those who are in the program to say that they have their own field.

Nancy Opalka, Parks and Recreation Director, noted that she has worked closely with the Miracle League since 2006 and that they have diligently worked on the project and have provided a concrete plan for implementation.

Dr. Friedman inquired if there is still work to complete on the agreement.Nancy Opalka stated that the matter is still being addressed and that she hopes to have it resolved prior to the Board of Supervisors meeting.

Mr. Long inquired if the handicap bathroom facilities are adequate.Ms. Opalka stated that they are sufficient based on her research and inquiries.

Brian Damiani, 202 Raven Circle in Warrington, stated that the Miracle League program has evolved over the years to involve all ages and all disabilities.He reiterated that it gives them the opportunity to have their own field.

There being no comment from the public, the Planning Commission made the following motion (Hauptman-Long), which was approved 4-0.

MOTION THAT THE PLAN FOR MIRACLE LEAGUE BE APPROVED SUBJECT TO THE FOLLOWING COMMENTS FOR CONSIDERATION BY THE BOARD OF SUPERVISORS:

·Confirmation that current accessible/handicap parking is sufficient or how additional spaces will be provided.

·Confirmation or information demonstrating that current accessible/handicap bathroom facilities are sufficient for the number of people with disabilities who will be using the facilities for events and practices.

·Agreement/understanding with Township Administration that banners and recognition of supporters/advertisers is acceptable in form and placement to the Township.

·Agreement/understanding with Township Administration that banners and recognition of signage is acceptable in form and placement to the Township.

·Confirmation that finances and/or written pledges for funds, material, and work are in possession of the Miracle League demonstrating ability to complete the development and projects.

·Development Agreement or schedule accepted by the Township for the construction/development of the project.

·Drafted Agreement with the Township and either prepared or acceptable by the Township respecting use, maintenance, ownership, insurance, and other legal issues along with planned use of existing pavilion which is acceptable to the Township and Township Solicitor.(Include confirmation of non-exclusive use.)

·Projected costs analysis for the future maintenance and use of the facility and confirmation/explanation of funding source for same.

·Confirmation or information that no additional first aid station and supplies are necessary or how same will be provided.

·Confirmation or explanation that no further sidewalks, sidewalk expansion, ramps or Rescue Squad access is required.

·Confirmation and/or explanation that the plan provides sufficient seating (bleachers) for the intended use of the facility.

·Recommendation of a full waiver of the land development process.

APPROVED 4-0.

Mr. Komelasky stated that this project has been a great job by all those involved.He stated that there are some issues, however, that need to be resolved prior to consideration by the Board of Supervisors.He further stated that the Northampton business community should be involved in the project and have an opportunity to show their support.

Mr. Hauptman stated that a presentation to the Business and Professional Association should be considered.Mr. Ingle stated that the Executive Board of the Business Association is aware of the project.

Mr. Gannon stated that he is proud of the group and the plan and takes all issues that have been raised to heart.

Hagen Minor Subdivision

Charles Marte, Esq. and Jodi Litus from Tri-State Engineers were present on behalf of the applicant.

Mr. Marte noted that Mr. Hagen purchased the property in 2006.He noted that it is the applicant's intent to subdivide the 6.278 acre parcel into two lots pursuant to the R-1 criteria.He stated that no new construction is proposed and that the intent is to separate the existing dwelling and converted barn into two lots.He further noted that stormwater management is proposed.

Mr. Litus provided an overview of the property and distributed an aerial for review.He stated that the applicant is requesting two waivers, which include showing existing features in the proximity of the site and from the requirement to construct street improvements due to the impact on existing trees.

Mr. Litus provided an overview of the stormwater management facilities and stated that he was utilizing the conditions that were in place at the time of the Henning Subdivision.

Based on an inquiry from Mr. Komelasky, Mr. Marte clarified that the additional parcel was added to the property as a result of a lot line change.

Mr. Hauptman raised the issue that there was to be no further subdivision of the subject property.Mr. Marte stated that this condition does not appear in a title search.Mr. Hauptman further stated that this should be a major subdivision.Mr. Marte stated that his client would proceed as directed by the Planning Commission on that issue.Mr. Hauptman stated that the Township may wish to consider certain improvements as part of a consideration of a major subdivision plan.

At this point, Mr. Skrincosky discussed his review letter dated December 10, 2009.

With regard to item six, Mr. Skrincosky stated that the orientation of the existing building may create a conflict with the building setback requirements.Mr. Marte stated that the plan complies with the Zoning Ordinance, but will resolve this matter with the Zoning Officer.

Mr. Skrincosky also raised the issue of lot 1 not complying with the minimum lot width requirement. Mr. Marte stated that the plan meets the requirement of the ordinance, but agreed to discuss this matter with the Zoning Officer for a determination.

Mr. Skrincosky noted that the driveway configuration will require an access easement to which Mr. Marte agreed.

Regarding the outside agency reviews noted in Mr. Skrincosky's review, Mr. Marte agreed that his client will comply.

Mr. McAdam reviewed his February 26, 2010 review letter.He reiterated the issue of this project being classified as a major subdivision and left the matter up to the Township for a determination.He stated that the applicant will also make revision with respect to the stormwater management system.Mr. Marte noted that the applicant will comply with the comments.

Mr. Komelasky inquired about historical perspective on the property as to how the barn was converted.Since the property is over five acres, he stated that the barn could have been converted since it was part of a farm dwelling.Once it is subdivided, he inquired if this status is lost.

Mr. Marte stated that it's the size of the lots, not the number of dwellings.Mr. Komelasky responded that these matters just need to be clarified.Dr. Friedman inquired if the units are occupied and if it is the intention of the owner to sell.Mr. Marte stated that he's unsure if they are occupied, but stated that the owner wished to sell.

At this point, Mr. Hauptman stated that the matter should be considered again next month after the history of the property is evaluated in greater detail, including the possible condition that the property was not to be subdivided again.In addition, the issue of this project being a major subdivision should be further evaluated as well.

Crossroads Plaza Shopping Center Land Development

John VanLuvanee, Esq. was present along with his team of consultants on behalf of Kimco.Specifically, the applicant is proposing to demolish the former Pizza Hut building and construct a Wachovia Bank at the same location.At this point, Mr. VanLuvanee presented his team of consultants and provided an overview.

Mr. Hauptman inquired if a traffic study had been conducted.Mr. VanLuvanee stated that a trip generation study had been conducted prior to the applicant's appearance before the Zoning Hearing Board based on discussions with the Township Engineer.

Mr. VanLuvanee stated that the applicant is under time constraints to move through the review process and presented handouts for the Planning Commission's review.He stated that the proposed site improvements include the demolition of the existing 2,898 square foot Pizza Hut building and the construction of a new 4,025 square foot Wachovia Bank with drive-thru service lanes.Modifications to the access road and off-street parking areas, landscaping, and other related improvements are also proposed.

He further stated that variances were granted to permit an impervious surface ratio of 70.1% instead of the permitted 70%.Variances were also granted to permit a 70.7 foot setback instead of the required 100 feet and to reduce the total number of parking spaces by 19 to 554 total parking spaces or 4.84 parking spaces per 1,000 square feet of gross floor area.Mr. VanLuvanee noted that the plans will be revised to comply with the permitted impervious surface ratio of 70.1%.

Mr. Hauptman inquired about the realignment of the access road.Mr. VanLuvanee stated that the timing of such a realignment, if it was allowed by PennDOT, would not allow this project to proceed.

Greg Reed from KIMCO stated that Super Fresh must grant approval in order to change access to the center.He is sure that they will not grant that approval because they would want something in return, such as a rent reduction.Mr. VanLuvanee further stated that affected property owners must consent if the signal is relocated.He added that you must deal with the practical side when confronting redevelopment projects since existing conditions in the entire center cannot be cured.

Mr. Hauptman inquired about the existing Wachovia site.Alfred Tosto from Wachovia stated that the building will be sold.He further added that the proposed site has offered a more competitive lease.

Mr. Hauptman inquired about how the applicant will comply with the Village Overlay requirements.Mr. VanLuvanee stated that the applicant proposes decorative sidewalks and gas lights.In addition, architectural renderings of the building were presented.Vincent Wolk, architect of the project from Longo Partnership, provided an overview and stated that the building will be a LEED project.

At this point, Jerome Skrincosky's review letter from January 25, 2010 was discussed.Specifically, the location of the building was discussed in relation to the Village Overlay requirements.Brian Zappala from Bohler Engineering stated that there is no way to push the building back and have appropriate circulation and site distance.In addition, he noted that the applicant is not requesting the parking reduction.

Mr. Skrincosky raised discussion regarding the applicability of a waiver from the design criteria for setbacks from the parking area to the building.Mr. VanLuvanee stated that it is his opinion that this is a nonconforming condition, but he will address it with the Zoning Officer.

Mr. VanLuvanee stated that the applicant would like to submit the traffic study, if requested, with the final plan.Mr. Hauptman stated that this is a major issue and area of concern.

At this point, there was considerable discussion regarding the location of the proposed service lanes in conjunction with the off-street parking area and the point of ingress and egress at the south side of the Wachovia Bank.Chris Williams, Traffic Engineer from McMahon Associates, advised that there are currently no more than four stacked vehicles at the existing Wachovia site.Mr. Hauptman inquired about the non-teller lane.It was stated that this is for emergency vehicles and cars that wish to exit the teller lanes.

Mr. VanLuvanee noted that the applicant will meet lighting requirements and that sound will not be audible off the property.He further stated that a sign package has not yet been submitted.

The CKS review letter dated January 26, 2010 was discussed at this point.Stacking lanes and circulation were once again brought up for discussion.Mr. McAdam noted that the applicant should be in accordance with the variance for the impervious surface that was granted.

With respect to the stormwater management system in item two of the review letter, it was recommended that the existing system be cleaned, which should address many of the concerns.Mr. VanLuvanee stated that the applicant will install the sidewalk as identified.He further stated that the applicant would like to get input from all parties before revising the plans.

In response to Dr. Friedman, Mr. Williams, Traffic Engineer, stated that traffic will increase from eighteen (18) to fifty-six (56) trips during the weekday and from twenty-seven (27) to sixty-seven (67) during the Saturday peak.Mr. McAdam noted that the left-turn at the Bustleton entrance is also a major issue of concern.

Mr. Long inquired about the bank hours, which are 9-5 (Monday through Thursday), 9-6 (Friday), and 9-12 (Saturday).

Dr. Friedman stated that his major concerns are implementation of the Village Overlay and the outside access lane.

Mr. Hauptman stated that his major concerns include the following:Preliminary/Final plan submission, lack of a traffic study, Village Overlay concepts, left-turn at Bustleton Pike, problems exiting existing parking lot, waiver ambiguities, and a resolution to the issue of gas lights on Second Street Pike and Bustleton Pike.

Mr. Long stated that he would like to see a traffic study.Dr. Friedman added that this project will set a precedent with respect to implementation of the Village Overlay.Mr. VanLuvanee would like to obtain as much feedback as possible given the subjectivity of the Village Overlay ordinance.

Mr. Hauptman stated that he would like to see the signage information submitted.Mr. VanLuvanee inquired about the architecture of the building and the Commission was pleased with the renderings that were submitted.Mr. Komelasky stated that traffic was a major concern from his perspective.

After considerable discussion, it was agreed to table this matter until the April meeting with the plans being submitted by mid-March for review by the Township consultants.

Other Business

There being no further business, the meeting was adjourned.

Respectfully Submitted:

Michael T. Solomon

Director of Planning and Zoning

Northampton Township