Before
THE TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS
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In Re: Regular Business Meeting
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Tobyhanna Township Government Center Building
State Avenue
Pocono Pines, Pennsylvania 18350
Monday, February 11, 2008 beginning at 7:06 p.m.
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PRESENT: JOHN E. KERRICK, Chairperson
HEIDI A. PICKARD, Vice-Chairperson
HUGH LAMBERTON, Board Member
DONALD MOYER, Board Member
JAMIE KEENER, Board Member
PATRICK M. ARMSTRONG, ESQUIRE, Solicitor
ALSO PRESENT: PHYLLIS HAASE, Zoning Officer
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______________________________________________________________
PANKO REPORTING
537 Sarah Street, 2nd Floor
Stroudsburg, Pennsylvania 18360
(570) 421-3620
2
1 MR. KERRICK: I'd like to welcome
2 everyone here this evening. Can we have a pledge
3 of allegiance, please?
4 (Pledge of allegiance was recited.)
5 MR. KERRICK: I'd like to welcome
6 everyone here this evening for the board of
7 supervisors regular meeting of February 11, 2008.
8 Do we have any announcements?
9 (Discussion off the record.)
10 MR. KERRICK: I'd like to announce
11 we had an executive session for personnel 6:15 to
12 6:30 today.
13 And next we have, consider the
14 minutes of December 10, 2007 regular business
15 meeting and December 21, 2007 budget meeting.
16 What's the board's pleasure?
17 MS. PICKARD: I make a motion we
18 approve the December 10, 2007 regular business
19 meeting and the December 21, 2007 budget meeting.
20 MR. MOYER: Second.
21 MR. KERRICK: Motion and second on
22 the floor.
23 Any questions or comments from the
24 board?
25 Questions or comments from the
3
1 public on the motion?
2 Call the vote.
3 Jaime?
4 MR. KEENER: I vote in favor.
5 MR. KERRICK: Donny?
6 MR. MOYER: I vote in favor.
7 MR. KERRICK: Hugh?
8 MR. LAMBERTON: I vote in favor.
9 MR. KERRICK: Heidi?
10 MS. PICKARD: I vote in favor.
11 MR. KERRICK: I'll vote in favor.
12 Motion carried.
13 Next on our agenda, approval for a
14 bill pack dated February 11, 2008. Total amount
15 for the board approval $129,846.19.
16 MS. PICKARD: I make a motion we
17 approve the bill pack dated February 11, 2008 in
18 the amount of $129,846.19.
19 MR. KEENER: Second.
20 MR. KERRICK: Who just seconded,
21 Jamie?
22 MR. KEENER: Jamie.
23 MR. KERRICK: Motion and second on
24 the floor.
25 Questions or comments from the board
4
1 on the motion?
2 Questions or comments from the
3 public on the motion?
4 Call the vote.
5 Jamie?
6 MR. KEENER: I vote in favor.
7 MR. KERRICK: Donny?
8 MR. MOYER: I vote in favor.
9 MR. KERRICK: Hugh?
10 MR. LAMBERTON: I vote in favor.
11 MR. KERRICK: Heidi?
12 MS. PICKARD: I vote in favor.
13 MR. KERRICK: Motion carried.
14 Next on our agenda, solicitor's
15 report.
16 Do you have anything for us?
17 MR. ARMSTRONG: Yeah. I just have
18 very briefly three ordinances, proposed ordinances,
19 for your consideration and possible advertisement
20 for public hearing. One is a flea market
21 ordinance. It started in the planning commission.
22 Basically it's setting flea markets permitted by
23 special exception within the commercial district.
24 It's an amendment to your zoning ordinance. You
25 don't have a current flea market use provision
5
1 within the zoning ordinance. So if the board would
2 like, we can advertise it for a public hearing. If
3 you want more time to look through it, you can hold
4 off.
5 What's the pleasure of the board?
6 It sets forth regulations, setting forth the fact
7 that if someone wants to, you know, maintain a flea
8 market within the commercial district, they have to
9 do it by special exception. It sets forth minimum
10 lot areas, lot widths, lot coverages. It also
11 provides for a permitting process.
12 MS. PICKARD: Do you need a motion?
13 MR. ARMSTRONG: Yeah, it would be a
14 motion to authorize for advertising and a public
15 hearing.
16 MS. PICKARD: I make a motion we
17 authorize for advertising the flea market
18 ordinance.
19 MR. KERRICK: Motion on the floor.
20 Do we have a second?
21 MR. MOYER: I second.
22 MR. KERRICK: Motion and second.
23 Questions or comments from the
24 public on the motion?
25 Call the vote.
6
1 Jamie?
2 MR. KEENER: I vote in favor.
3 MR. KERRICK: Donny?
4 MR. MOYER: I vote in favor.
5 MR. KERRICK: Hugh?
6 MR. LAMBERTON: I vote in favor.
7 MR. KERRICK: Heidi?
8 MS. PICKARD: I vote in favor.
9 MR. KERRICK: I'll vote in favor.
10 Motion carried.
11 MR. ARMSTRONG: Another ordinance is
12 a fireworks ordinance. It would be an amendment to
13 your code of ordinances under the MPC -- or not
14 MPC, but the second class township codes. You are
15 permitted to regulate and require permits for
16 public displays of fireworks. This ordinance
17 requires the applicant, in order to put on public
18 displays of fireworks, to apply for a permit before
19 the township could provide the appropriate bonding
20 as recommended by PSATS, actually, and sets forth
21 the penalties for violations of the ordinance as
22 well.
23 MR. KERRICK: What's the board's
24 pleasure?
25 MR. KEENER: I make a motion we
7
1 authorize the ordinance for advertising and a
2 public hearing.
3 MR. KERRICK: Motion. Do we have a
4 second?
5 MR. LAMBERTON: Second.
6 MR. KERRICK: Motion and second.
7 Questions or comments from the board
8 on the motion?
9 Questions or comments from the
10 public on the motion?
11 Call the vote.
12 Jamie?
13 MR. KEENER: I vote in favor.
14 MR. KERRICK: Donny?
15 MR. MOYER: I vote in favor.
16 MR. KERRICK: Hugh?
17 MR. LAMBERTON: I vote in favor.
18 MR. KERRICK: Heidi?
19 MS. PICKARD: I vote in favor.
20 MR. KERRICK: I'll vote in favor.
21 Motion carried.
22 MR. ARMSTRONG: And the last
23 ordinance for your consideration for authorizing
24 advertisements would be an amendment to the SALDO
25 ordinance which sets forth time deadlines for
8
1 inactive plans before, not only the planning
2 commission, but also the board of supervisors. It
3 sets forth a six-month stagnant time frame for
4 plans that sit on the agenda and are not moved
5 forward by the applicant.
6 MR. KEENER: I'll make a motion we
7 authorize advertising and a public hearing for that
8 ordinance.
9 MR. MOYER: I second.
10 MR. KERRICK: Motion and second on
11 the floor.
12 Questions or comments from the
13 board?
14 Questions or comments from the
15 public on the motion?
16 Call the vote.
17 Jamie?
18 MR. KEENER: I vote in favor.
19 MR. KERRICK: Donny?
20 MR. MOYER: I vote in favor.
21 MR. KERRICK: Hugh?
22 MR. LAMBERTON: I vote in favor.
23 MR. KERRICK: Heidi?
24 MS. PICKARD: I vote in favor.
25 MR. KERRICK: I'll vote in favor.
9
1 Motion carried.
2 Anything else?
3 MR. ARMSTRONG: That's all I have.
4 And I would mention that it looks like on the
5 agenda it was under K.
6 MR. KERRICK: So we took care of K.
7 MR. ARMSTRONG: Sorry about that.
8 MR. KERRICK: That's okay.
9 MR. ARMSTRONG: That's all I have
10 under my report.
11 MR. KERRICK: Next we have new
12 business. First item, Martin & Robbins proposal
13 for surveying of Locust Ridge and Keiper ball
14 fields for an as-built.
15 MR. LAMBERTON: Didn't we survey
16 Keiper fields previously?
17 MR. KERRICK: Some of it, yes.
18 MR. LAMBERTON: Some of it?
19 MR. KERRICK: Yes. Since then, I
20 don't remember the exact year, we purchased some
21 more property, the remaining lots that were there
22 from the Keiper family that were adjacent to the
23 park property that we had, to make it larger.
24 And this will locate the features
25 that are on the existing park property and then it
10
1 would identify where we could either put it in a
2 ball field or there's been a mention of a soccer
3 field, et cetera, et cetera. This, I believe, was
4 reviewed by the open space committee.
5 MS. PICKARD: Mm-hmm. And also this
6 is for the use of the remaining $10,000, that DCED
7 grant that we have to utilize by June, which was
8 extended twice.
9 MR. KERRICK: This is what grant,
10 DCED?
11 MS. PICKARD: I believe so. We have
12 a $55,000 grant. We took 45 from the master site
13 plan of the Blakeslee natural area, and this was
14 the balance of that $55,000 grant.
15 MR. KERRICK: What's the board's
16 pleasure?
17 MR. KEENER: Mr. Chairman, I had a
18 couple of questions relative to what the
19 deliverables will be. Will it be hard copies? If
20 we're gonna get a digital file? AutoCAD file?
21 MR. KERRICK: It will be an AutoCAD
22 file.
23 MR. KEENER: It will be?
24 MR. KERRICK: Yes.
25 MS. PICKARD: I'll make a motion to
11
1 accept the proposal from Martin & Robbins for a
2 total of $10,000. It's $2,000 for Locust Ridge and
3 $8,000 for Keiper fields parcel.
4 MR. LAMBERTON: Second the motion.
5 MR. KERRICK: Motion and second.
6 Questions or comments from the
7 board?
8 MR. KEENER: Just one other
9 question. It says estimated fees. Is that a lump
10 sum or is that T&M to a maximum of $10,000?
11 MR. KERRICK: The way I read the
12 proposal, that's your -- your hard line is what's
13 at 2,000 and 8,000. I don't think it's T&M, I
14 think that's the hard price.
15 MR. KEENER: It says estimated fees.
16 MR. KERRICK: I see that. Do you
17 want us to clarify that before we enter into the
18 agreement?
19 MR. KEENER: I would say a maximum
20 fee of $10,000.
21 MS. PICKARD: I'll amend my motion.
22 MR. KERRICK: Heidi amends her
23 motion.
24 Hugh, do you amend your second?
25 MR. LAMBERTON: Second, yes.
12
1 MR. KERRICK: Any other questions or
2 comments from the board?
3 Questions or comments from the
4 public on the motion?
5 Call the vote.
6 Jamie?
7 MR. KEENER: I vote in favor.
8 MR. KERRICK: Donny?
9 MR. MOYER: I vote in favor.
10 MR. KERRICK: Hugh?
11 MR. LAMBERTON: I vote in favor.
12 MR. KERRICK: Heidi?
13 MS. PICKARD: I'll vote in favor.
14 MR. KERRICK: I vote in favor.
15 Motion carried.
16 Next on our agenda, business mileage
17 rate increase.
18 MS. PICKARD: This is really -- you
19 made an announcement that we have a resolution that
20 we use the standard business mileage rate from the
21 IRS; and we just wanted to make an announcement
22 that it had been increased to 50.9 cents per mile.
23 MR. KERRICK: From its current rate
24 of 48.5?
25 MS. PICKARD: 48.5.
13
1 MR. KERRICK: That doesn't need to
2 be done by a motion?
3 MR. ARMSTRONG: No. There's a
4 previous resolution that basically sets it.
5 MR. KERRICK: Next on our agenda,
6 authorize township secretary to sign professional
7 services agreements.
8 Do we have a motion?
9 MR. KEENER: I'll make a motion that
10 we authorize the township secretary to sign the
11 professional services agreements.
12 MR. LAMBERTON: Second the motion.
13 MR. KERRICK: Questions or comments
14 from the board?
15 MR. KEENER: Is this for all, all
16 services, professional services?
17 MR. ARMSTRONG: It would be -- yeah,
18 I'm assuming to allow the secretary of the township
19 to execute all professional services provided as
20 more of an administrative task.
21 MR. KERRICK: The way I understand
22 it, it will not have to be in our agenda.
23 MR. ARMSTRONG: Right.
24 MR. KERRICK: Any other questions or
25 comments?
14
1 Questions or comments from the
2 public?
3 Ms. Snell?
4 MS. SUE SNELL: Who signed them in
5 the past, the manager?
6 MR. KERRICK: Presently I have been
7 signing them.
8 MS. PICKARD: No, the whole --
9 MR. KERRICK: The whole board?
10 MS. PICKARD: It's been the whole
11 board. And every time somebody brings a plan in,
12 it has to go on the agenda and the whole board
13 signs it.
14 MS. SNELL: This will allow you to
15 sign as township secretary?
16 MS. PICKARD: Yeah.
17 MR. ARMSTRONG: What the
18 professional services agreement is, it's whenever
19 an applicant comes in and submits a land
20 development plan or a subdivision plan, they have
21 to post a certain amount of escrow with the
22 township and that escrow is used for professional
23 services: The engineer's review of the plans, my
24 office's review of the plans.
25 And that agreement is just binding
15
1 the applicant, as well as the MPC, as well as the
2 township ordinance; but it's a paper document
3 binding them to be required for those professional
4 services.
5 MR. KERRICK: Okay. Any other
6 questions or comments?
7 Call the vote.
8 Jamie?
9 MR. KEENER: I vote in favor.
10 MR. KERRICK: Donny?
11 MR. MOYER: I vote in favor.
12 MR. KERRICK: Hugh?
13 MR. LAMBERTON: I vote in favor.
14 MR. KERRICK: Heidi?
15 MS. PICKARD: I vote in -- I'll
16 abstain.
17 MR. KERRICK: I'll vote in favor.
18 Motion carried.
19 Next on our agenda, equipment rental
20 bids for the year 2008. We received two -- Heidi,
21 do you have the tabulation?
22 MS. PICKARD: You did review the
23 bid?
24 MR. ARMSTRONG: Mm-hmm. It looks
25 like there's two bid submittals for equipment
16
1 rentals but one is by Papillon & Moyer Excavating &
2 Paving and the other is by Locust Ridge Quarry.
3 MR. KERRICK: Basically what the
4 township has done is, we put a list of the
5 equipment together that possibly could be utilized
6 by the township and we take an estimated hour of
7 use. We use it off of PennDOT's form, estimated
8 hours of use. We just put 40 in there, as PennDOT
9 does, to get a bottom line figure for the
10 equipment.
11 And this is used -- in some cases we
12 use it in flooding cases of emergency and also on
13 some road projects. I don't have the tabulation.
14 Do you have the two different --
15 MS. PICKARD: The total bid for
16 Papillon & Moyer was $95,999.20; and the total bid
17 from Locust Ridge Quarry, $96,520. So Papillon &
18 Moyer was the low bidder, about $521.
19 MR. KERRICK: What's the board's
20 pleasure?
21 MS. PICKARD: All the correct
22 information is with the bids and bonds for both of
23 the bids.
24 MR. KEENER: The bid was reviewed by
25 the solicitor?
17
1 MR. KERRICK: Yes.
2 MR. KEENER: I'll make a motion we
3 approve the bid of Papillon & Moyer in the amount
4 of $95,999.20.
5 MR. KERRICK: Motion on the floor.
6 Do we have a second?
7 MR. MOYER: I'll second the motion.
8 MR. KERRICK: Motion and second.
9 Any questions or comments from the
10 board?
11 Questions or comments from the
12 public on the motion?
13 Call the vote.
14 Jamie?
15 MR. KEENER: I vote in favor.
16 MR. KERRICK: Donny?
17 MR. MOYER: I vote in favor.
18 MR. KERRICK: Hugh?
19 MR. LAMBERTON: I abstain.
20 MR. KERRICK: Heidi?
21 MS. PICKARD: I vote in favor.
22 MR. KERRICK: I vote in favor.
23 Motion carried.
24 Next on our agenda, Kevin Callahan
25 revised land development plan and stormwater
18
1 agreement.
2 MR. KEENER: Mr. Chairman, I'm going
3 to recuse myself.
4 MS. DEANNA SCHMOYER: Good evening.
5 I'm Deanna Schmoyer with HRG, and this actually is
6 a previously approved land development plan for
7 Kevin Callahan. Due to a discrepancy in the
8 survey, we've had to redo the layout a little bit.
9 The original property line that was in front of the
10 board before, which is in red, that was around
11 0.6 acres. The revised plan now, which is in the
12 green location, is around 0.5 acres. With that,
13 we've had to alter the layout a little bit.
14 Originally it was proposed to be
15 parking on this side, now we've had to flip the
16 parking into the front of the building. And there
17 was an existing dwelling in the front which we will
18 be demolishing now; and this office will be
19 contained within this proposed storage building
20 now.
21 We have the screen buffer that was
22 required per township in the back, and we still
23 have the stormwater -- everything's pretty much
24 staying the same. It's just -- same size per
25 square footage, except now we're just adding an
19
1 office in the front; but given the nature of the
2 office, it was in the existing building anyway. So
3 really, nothing's really changed too much.
4 The access for PennDOT in this area,
5 it was off about ten-foot. We resubmitted to
6 PennDOT, talked to them, and they're okay with
7 that. We've kept the existing HOP. We've got all
8 of our -- everything, but I think the conservation
9 district is the last one, we just did revisions to
10 that. So that's our last approvals we've had to
11 get.
12 We do have three waivers actually
13 we're asking for: SALDO Section 135-15A(15), SALDO
14 Section 135-17(L), and SALDO Section 135-17(N).
15 MR. ARMSTRONG: And you have
16 executed the revised stormwater maintenance
17 agreement?
18 MS. DEANNA SCHMOYER: Yeah, that
19 should be through.
20 MR. ARMSTRONG: And I'm looking at
21 the latest review letter from Bob McHale --
22 MS. DEANNA SCHMOYER: Yes.
23 MR. ARMSTRONG: -- and it indicates
24 that, according to the applicant's engineer, the
25 proposed English yews will be replaced with an
20
1 alternate plant material. Did you determine what
2 you're going to use?
3 MS. DEANNA SCHMOYER: Yeah. We've
4 already -- I've already clarified that with Bob.
5 We've put mountain laurel in.
6 MR. ARMSTRONG: Okay. And you said
7 you have a current PennDOT occupancy permit?
8 MS. DEANNA SCHMOYER: Yes, we do
9 have that. It should have been forwarded, I
10 assume, to the township.
11 MR. ARMSTRONG: I think one of
12 the -- I don't know if it was the county's review
13 letter or the conservation district's, was there a
14 parcel I.D. accuracy issued?
15 MS. DEANNA SCHMOYER: Not that I'm
16 aware of. I don't even know what it is. It's
17 county, you think? Conservation district? I don't
18 remember hearing anything on that. Actually, I'm
19 not aware of that at all.
20 MR. ARMSTRONG: Yes, the county.
21 Looks like their December 5th letter. It says, the
22 parcel identification number indicated appears to
23 be incorrect according to the county's GIS data.
24 Did you --
25 MS. DEANNA SCHMOYER: I'm going to
21
1 verify that and check that, but I don't remember
2 hearing anything on that.
3 MR. ARMSTRONG: Just so you know,
4 the letter indicates the correct pin is
5 19539400274680. That's what they have in the
6 county's letter.
7 MS. DEANNA SCHMOYER: Okay. I don't
8 have that. I don't know if they have it on here.
9 MS. PICKARD: What was the date on
10 that letter?
11 MR. ARMSTRONG: December 5, 2007.
12 MR. KERRICK: I have December 7th.
13 MR. ARMSTRONG: Yeah, I mean, just
14 confirm that it's the correct tax parcel I.D.
15 number.
16 MS. DEANNA SCHMOYER: Okay. You
17 know what, hold on, let me get what he's pointing
18 to. We don't have it. We just have the tax map,
19 we don't have the long number on it.
20 MS. PICKARD: Do we incorporate that
21 in our motion?
22 MR. ARMSTRONG: Yeah, you can
23 incorporate it just by -- basically any approval
24 would be conditional upon verifying and confirming
25 that's the correct tax map parcel numbers included
22
1 on the map, and conditional upon the county's and
2 planning commission's comment in their letter.
3 MS. PICKARD: I make a motion we
4 approve the Kevin Callahan K-2 investment amended
5 land development plan for our project No. 2007-027,
6 subject to our engineer's review letter dated
7 January 3, 2008 and subject also to Monroe County
8 Planning Commission comments; including
9 verification of the parcel identification number
10 with waivers to SALDO Section 135-15A(15) and SALDO
11 Sections 135-17(L) and (M), and including the
12 revised stormwater management agreement.
13 MR. KERRICK: We have a motion on
14 the floor.
15 Do we have a second?
16 MR. MOYER: I second.
17 MR. KERRICK: Questions or comments
18 from the board on the motion?
19 Questions or comments from the
20 public on the motion?
21 Call the vote.
22 Donny?
23 MR. MOYER: I vote in favor.
24 MR. KERRICK: Jamie, do you want me
25 to include you? I know you already --
23
1 MR. KEENER: For the record, I'll
2 abstain.
3 MR. KERRICK: Donny?
4 MR. MOYER: I vote in favor.
5 MR. KERRICK: Hugh?
6 MR. LAMBERTON: I vote in favor.
7 MR. KERRICK: Heidi?
8 MS. PICKARD: I vote in favor.
9 MR. KERRICK: I vote in favor.
10 Motion carried. Thank you for your time.
11 Next on our agenda, Pyramid Network
12 Services.
13 MR. MICHAEL S. GRAB: Good evening,
14 board members. Michael Grab representing T. Mobile
15 who is the applicant here this evening. This is
16 the land development plan for the proposed
17 replacement of an existing service station sign at
18 the intersection of 940 and 380. It's currently, I
19 think, a Mobil sign. And I apologize to the board
20 members, I only have four copies.
21 Zoning approval for the proposal was
22 obtained in October 2006 and since then we've been
23 going through the land development process. The
24 plan has been fairly well headed by Mr. Armstrong
25 and Mr. McHale. And the idea is to replace the
24
1 existing 95-foot sign with a new sign of the exact
2 height, 95 feet, and then to attach antennas at the
3 top of the poles right below the service station
4 sign.
5 If you look at Sheet C2 of the plan,
6 I think that best gives you a schematic of what the
7 existing pole on the left-hand side looks like and
8 then what the replacement pole on the right-hand
9 side will look like. And the reason it has to be
10 replaced is, it is not of sufficient structural
11 capacity to support the proposed antennas. So,
12 again, from the outside there will really be no
13 change other than the addition of the center pole
14 which currently is not there.
15 The board will note too on Sheet C1
16 that there is a landscape easement agreement that's
17 going to be executed between the applicant and the
18 landowner, to insure that the existing vegetation
19 within that area -- and I'll point to the shaded
20 area right here, the half circle shaded area. That
21 will be maintained in order to make sure that
22 there's sufficient screening around the backside of
23 the sign.
24 And the easement agreement has been
25 reviewed by Mr. Armstrong, and everything's in
25
1 order in terms of execution. Now, it does have to
2 be executed by the parties so we're going to
3 request that that be made a condition of the plan
4 approval, if the board is so disposed.
5 I think the last review letter --
6 and, Pat, correct me if I'm wrong -- from Bob was
7 October 31. And, again, we've gone through and
8 complied with all the requirements in that, we met
9 with the planning commission in November. And I
10 was not involved in the application in the
11 beginning. It was only in November we discovered
12 that there hadn't been any application made to the
13 county. We discovered that, I made the
14 application, the county issued its review letter,
15 and so it's ready to be acted on by the township.
16 MR. ARMSTRONG: So the applicant has
17 or will be complying with all the comments of Mr.
18 McHale's letter dated October 31, 2007?
19 MR. MICHAEL S. GRAB: That's
20 correct.
21 MR. ARMSTRONG: And one other
22 condition on this particular plan would be for the
23 applicant -- I don't know if you want to go through
24 the actual process with PennDOT, but he'll need the
25 appropriate PennDOT approvals and any other state
26
1 agency or federal agency approvals for this
2 particular application.
3 MR. MICHAEL S. GRAB: That's
4 correct. We couldn't make the PennDOT application
5 until the township had at least approved the plan;
6 that's PennDOT'S own internal requirements. And I
7 reviewed that with PennDOT -- in a conference call,
8 actually, with PennDOT and with Bob McHale, to
9 discuss that. So, again, the plan approval, if the
10 board decides to do that, would be conditional upon
11 us obtaining the PennDOT approval to the extent
12 necessary.
13 PennDOT hasn't determined whether
14 they actually have to issue a permit on it, but
15 they will advise us of that either way. I'll have
16 something in writing saying either here's the
17 permit or no, you don't need a permit. And then we
18 will provide that to the township before issuance
19 of the building permit.
20 MR. ARMSTRONG: And I believe a note
21 has been added to the plan just reiterating the
22 fact that they're planning to receive and all
23 required permits or authorizations from PennDOT and
24 also --
25 MR. MICHAEL S. GRAB: Federal, state
27
1 and local agencies, that's correct.
2 MR. ARMSTRONG: And the applicant's
3 going to be complying with the stormwater
4 management ordinance?
5 MR. MICHAEL S. GRAB: Yes, that's
6 correct.
7 MR. ARMSTRONG: As well as the
8 International Fire Codes?
9 MR. MICHAEL S. GRAB: Yes.
10 MS. PICKARD: And the special
11 exception was granted in October of 2006.
12 MR. MICHAEL S. GRAB: In October of
13 2006, that's correct. It's essentially what we
14 would call collocation except for the replacement
15 of the poles because of the structural incapacity.
16 MR. ARMSTRONG: And in that language
17 in the zoning ordinance was added to the plan as
18 well or the zoning board decision was added.
19 MR. MICHAEL S. GRAB: You mean, in
20 terms of --
21 MR. ARMSTRONG: I might have the
22 wrong plan.
23 MR. MICHAEL S. GRAB: I don't think
24 that the zoning hearing board put on any special
25 conditions, they just approved it in accordance
28
1 with the application.
2 MR. ARMSTRONG: You're right.
3 MR. MICHAEL S. GRAB: And, again,
4 structural certifications, based on the new
5 decision, we're going to provide to the township as
6 part of the land development process.
7 MR. ARMSTRONG: And with that
8 access, the landscaping easement, just change the
9 dates 2007. Change it to 2008.
10 MR. MICHAEL S. GRAB: I saw that.
11 Yeah, we changed that to '08.
12 MR. KEENER: I have a question. How
13 are you gaining access to the parcel?
14 MR. MICHAEL S. GRAB: There is an
15 existing accessway back there to the sign, to the
16 existing sign. If you look on Sheet S1, I guess,
17 you can see that there's an existing stone drive,
18 and that's covered in the lease agreement between
19 the applicant and the landowner.
20 And, again, that was submitted as
21 part of the zoning process and then also as part of
22 the land development process. There was one -- go
23 ahead.
24 MR. KEENER: I'm having a little
25 difficulty seeing it. It looks to me like that's
29
1 part of the railway that stone drive is on.
2 MR. MICHAEL S. GRAB: I don't think
3 that it's on the actual roadway. I think that
4 there's -- the way it's described is that there's a
5 westerly right-of-way. If you look on Sheet S2,
6 the next page, westerly right-of-way of road with
7 no name. I think the road with no name is the
8 existing accessway that the owner uses to get back
9 to the sign.
10 MR. KEENER: Do you know what the
11 line open circle designation is on S2? Is that the
12 chain link fence?
13 MR. KERRICK: I didn't hear your
14 question, Jaime. What was your question?
15 MR. KEENER: What this line open
16 circle is. And that's the chain link fence. That
17 is probably the right-of-way line for the ramp.
18 Are you aware of potential
19 realignment of that ramp?
20 MR. MICHAEL S. GRAB: Yeah, we are,
21 as a matter of fact. And during part of the
22 process when we were going through this, I think
23 that's part of what was being discussed. Not
24 necessarily in terms of the specific application,
25 but because of development that was occurring
30
1 elsewhere in the township. So that's one of the
2 issues we're gonna have to deal with, with PennDOT.
3 Our understanding is that this sign
4 will remain at that location at least for now, but,
5 again, we'll have to take that up with PennDOT.
6 MR. KEENER: Just so you're aware.
7 MR. MICHAEL S. GRAB: Yes.
8 MR. KEENER: And you don't know who
9 the property owner is that owns that right-of-way?
10 MR. MICHAEL S. GRAB: Yeah, I've got
11 that in the file. That would be the property owner
12 that owns the service station, as well as this
13 location. And I can probably pull that out for you
14 but, again, the lease agreement between the
15 applicant and the property owner was provided as
16 part of -- I guess it's the same as the easement
17 agreement, right?
18 MR. KEENER: Dunmore Oil.
19 MR. MICHAEL S. GRAB: Right, Dunmore
20 Oil.
21 MR. KEENER: Do they own Lots 404
22 and 405?
23 MR. MICHAEL S. GRAB: They do.
24 MR. ARMSTRONG: Yeah, Dunmore Oil
25 owns those lots. Those are the two lots --
31
1 MR. MICHAEL S. GRAB: That are
2 subject to the easement.
3 MR. ARMSTRONG: The landscape
4 easement.
5 MR. MICHAEL S. GRAB: The landscape
6 easement, correct. Not the access easement but the
7 landscape easement.
8 Now, those are part of the issues
9 too that Bob McHale wanted to resolve as part of
10 his review. The utility service routes and the
11 access utility service easements were part of his
12 review.
13 MR. ARMSTRONG: Was that in his
14 review letter?
15 MR. MICHAEL S. GRAB: It is. It's
16 under Section A. It's on page -- I think Page 2 of
17 7, under the SALDO comments, under A, towards the
18 bottom of the page. Utility service routes and
19 access and utility easements are indicated on the
20 plan. This issue is resolved. Again, we've
21 submitted supplemental information to Bob as part
22 of his review.
23 There is a fenced area at the bottom
24 of the poles which is standard. The lease area is
25 25 by 25, in case the board's interested. And,
32
1 again, that's actually a little less than standard.
2 Usually the compounds go to 60 by 60 and here we're
3 trying to minimize the size of the compound to
4 really be the exact amount that we need; and
5 especially since we're not anticipating any other
6 collocators on this particular pole, because it is
7 only 95 feet high. And there's parking areas
8 provided, I think two spaces, within that 25 by 25.
9 MR. ARMSTRONG: And you're also
10 complying with -- you submitted that opinion of
11 probable costs for removal of the tower? You're
12 complying with that for the letter of credit or
13 escrow accounts?
14 MR. MICHAEL S. GRAB: Absolutely.
15 The estimated cost of removal from our engineer
16 that's been sealed has been submitted.
17 MR. ARMSTRONG: So the letter of
18 credit has been submitted?
19 MR. MICHAEL S. GRAB: No, the cost.
20 Just the cost has been submitted, the estimated
21 cost.
22 MR. ARMSTRONG: You will be
23 submitting that?
24 MR. MICHAEL S. GRAB: We will be
25 submitting the letter of credit, right. So there's
33
1 a few steps we have yet before we actually get the
2 building permit. I've got to straighten out the
3 PennDOT issue. This easement agreement will be
4 signed. And if the township requires recording,
5 that's not a problem.
6 MR. ARMSTRONG: Yeah, I think it's
7 actually stated in the landscaping easement, that
8 it should be recorded.
9 MR. MICHAEL S. GRAB: It should be
10 recorded, right. So that will be recorded. And,
11 again, all of that will happen before we can apply
12 for a building permit.
13 MR. KERRICK: What's the board's
14 pleasure?
15 MR. ARMSTRONG: Actually, the board
16 and the planning commission -- you will not
17 actually be signing the plans until he has
18 satisfied all the conditions including PennDOT.
19 So you won't be able to get a
20 building permit in any event.
21 MR. MICHAEL S. GRAB: And we agree
22 with that. That's fine. We won't be recording the
23 plan, we won't ask that the township sign it until
24 we have those two things done. But we're in a bit
25 of a quandary in that I can't straighten out the
34
1 PennDOT issue until the township has actually even
2 conditionally approved the plan.
3 MS. PICKARD: I'll make a motion
4 that we approve Pyramid Network Services, LLC land
5 development plan project 2006-028, subject to the
6 township engineer's review letter of October 31,
7 2007; and subject to the receipt of any and all
8 PennDOT or other federal and state permits; and
9 subject to the final modifications to the landscape
10 easement agreement with legal description to be
11 received by the township. I don't know if this is
12 relevant, no later than one week prior to the
13 execution and --
14 MR. ARMSTRONG: No.
15 MS. PICKARD: -- to the execution
16 and recording of the landscape easement.
17 MR. ARMSTRONG: The landscape
18 easement is pretty much in final form. You just
19 have to change it from 2007 to 2008 and get Dunmore
20 Oil and someone from Omnipoint to sign it.
21 MR. MICHAEL S. GRAB: Right.
22 MR. KERRICK: We have a motion. I'm
23 sorry.
24 MR. ARMSTRONG: The county planning
25 commission letter as well.
35
1 MS. PICKARD: And the county
2 planning commission letter as well.
3 MR. KERRICK: We have a motion. Do
4 we have a second?
5 MR. MOYER: I'll second.
6 MR. KERRICK: Questions or comments
7 from the board on the motion?
8 MR. KEENER: Are we gonna get
9 signature blocks on this, standard signature
10 blocks?
11 MR. ARMSTRONG: On the plans?
12 MR. KEENER: Yeah.
13 MR. MICHAEL S. GRAB: There will be.
14 On that final plan -- that's the final version of
15 the plans, but we're not asking that they be signed
16 at this time because we have the conditions yet
17 to --
18 MR. KEENER: But we should be seeing
19 the signature blocks on plans. I don't know if I'm
20 alone here.
21 MS. PICKARD: They will be.
22 MR. MICHAEL S. GRAB: Right. They
23 will be when we submit the final plans for
24 signature. If you want to add that as a condition,
25 that's fine. I think it was understood by the
36
1 applicant that the plan was not going to be signed
2 as a conditional approval.
3 MS. PICKARD: I'll amend my motion.
4 MR. KERRICK: Do you amend your
5 second?
6 MR. MOYER: I amend my second.
7 MR. KERRICK: Any other questions or
8 comments?
9 Questions or comments from --
10 MS. PICKARD: I just want to make
11 the comment that Bob McHale reviews and initials
12 all the plans before we sign it.
13 MR. KERRICK: Any other questions or
14 comments from the public on the motion?
15 Call the vote.
16 Jamie?
17 MR. KEENER: I vote in favor.
18 MR. KERRICK: Donny?
19 MR. MOYER: I vote in favor.
20 MR. KERRICK: Hugh?
21 MR. LAMBERTON: I vote in favor.
22 MR. KERRICK: Heidi?
23 MS. PICKARD: I vote in favor.
24 MR. KERRICK: I'll vote in favor.
25 Motion carried. Thank you.
37
1 MR. MICHAEL S. GRAB: Thanks, board
2 members. Nice to see you again.
3 MR. KERRICK: Good to see you.
4 (Discussion off the record.)
5 MR. KERRICK: Next on our agenda,
6 Locust Lake Village Property Owners Association
7 request for land waiver.
8 MR. RONALD F. GATTI: My name is
9 Ronald Gatti. I'm the community manager at Locust
10 Lake Village. We had submitted some plans
11 previously. I, for purposes of clarification and
12 so that you can see it better, did prepare a -- the
13 buildings are not necessarily to scale, but for
14 purposes of location and so on, you'll -- we've
15 tried to locate them for you. Does anyone else
16 need one?
17 MR. KERRICK: Thank you.
18 MR. ARMSTRONG: Yeah, leave it on
19 the table in case someone from the public wants to
20 look at it as well.
21 MR. RONALD F. GATTI: Basically
22 we're here on what is a very, very small project.
23 The subdivision, the land use, the -- as part of
24 the original approvals of Locust Lake Village,
25 they're -- the usage has not changed. There has
38
1 been no change.
2 What we had initially done was --
3 Page 2 of what I've submitted is essentially a
4 concrete corral for purposes of storing, you know,
5 salts and preventing runoff to adjacent areas. The
6 effectiveness of the corral would be greatly
7 enhanced by having a roof over it rather than a
8 tarp over the salt pile. It's not a building that
9 will have any occupancy; it's purely an accessory
10 building which is permitted in the zone.
11 I -- the next page is not our
12 structure but a similar structure that the
13 manufacturer of the concrete walls had given us as
14 something that's very similar to what our proposal
15 would be. So essentially what we're looking to do
16 is add that top section of roof so that the salt
17 stored in the building or in the corral would be
18 dry.
19 The Exhibit 2, the last page is
20 simply, you know, a rendition that, once again, was
21 provided by the manufacturer as various options.
22 That's probably more elaborate than our structure
23 would be, but it's -- it does show, in the lower
24 right-hand corner, the prefabricated sections of
25 concrete walls. And it's the precast concrete
39
1 containment bin walls that's -- you know, so that
2 is what we have done.
3 Now, when -- as a containment area,
4 it, you know, doesn't really require a building
5 permit or so because it is an open structure. At
6 the point that we determined that we would like to
7 roof it, that then triggers the building permit
8 process. So indeed I did come in and speak with
9 the zoning officer to file that application.
10 At that point the question came up
11 of whether -- because it is not a residential
12 structure, whether putting the roof on that
13 triggers the requirements of land use planning.
14 The -- it seems like the land use process for such
15 a de minimis improvement is really quite
16 unnecessary. So we are -- that's why we have
17 requested a waiver.
18 MR. ARMSTRONG: I have a question.
19 MR. RONALD F. GATTI: Sure.
20 MR. ARMSTRONG: Exhibit 1, is that
21 the existing structure, those pictures?
22 MR. KERRICK: No, similar.
23 MR. ARMSTRONG: This is --
24 MR. KEENER: It looks like it's
25 about half the size of what they're proposing.
40
1 MR. MOYER: The stalls they have are
2 the walls, no top.
3 MR. RONALD F. GATTI: Yeah,
4 Exhibit 1 is not an existing -- it's an existing
5 structure in another township; it's not at Locust
6 Lake Village, it's not in Tobyhanna. I believe
7 that's someplace in South Jersey, as a matter of
8 fact.
9 MR. ARMSTRONG: So what you have now
10 are just walls?
11 MR. KERRICK: Bunkers.
12 MR. RONALD F. GATTI: Just the
13 concrete bunker, yes.
14 MR. ARMSTRONG: And you're proposing
15 a structure?
16 MR. RONALD F. GATTI: And we want to
17 put a roof over it, yes.
18 MR. ARMSTRONG: So it's land
19 development. It looks like the applicant is
20 requesting a waiver of land development.
21 MR. RONALD F. GATTI: That's what
22 we've requested, yes.
23 MR. ARMSTRONG: It looks like -- are
24 you going to be digging into the berm?
25 MR. RONALD F. GATTI: No. There's
41
1 no excavation involved with it. It's a --
2 MR. MOYER: Well, you would have to
3 excavate at least for the sonner tubes, right,
4 however how you do it.
5 MR. RONALD F. GATTI: No, really
6 not. The size -- if you go to the last page,
7 you'll see that it's a 4 foot by 52-inch or
8 76-inch. And it's a concrete -- it's a prefab.
9 What it is, is really a big Jersey barrier, you
10 might say. A much taller highway barrier kind of
11 thing. But it's -- it's used for concrete, you
12 know, containment bin walls. Those then are bolted
13 together and they sit basically on the surface.
14 The base of the wall section is sufficient to
15 sustain the structure.
16 MS. PICKARD: How high are the walls
17 now?
18 MR. RONALD F. GATTI: About eight
19 feet high.
20 MS. PICKARD: And this is sitting on
21 top of it?
22 MR. KERRICK: No, there's nothing.
23 The walls are in place at your site right now?
24 MR. RONALD F. GATTI: Yes.
25 MR. KERRICK: Eight feet walls,
42
1 three sides, that's there.
2 MR. RONALD F. GATTI: That's there.
3 MS. PICKARD: So this is gonna make
4 it taller?
5 MR. RONALD F. GATTI: Yes.
6 MS. PICKARD: By how much?
7 MR. RONALD F. GATTI: The total
8 height would be about 17 feet. I believe the
9 ordinance maximum would be 29 feet. But this is
10 not -- I mean, this would not be near the maximum
11 height.
12 MR. ARMSTRONG: It's going to go in
13 the same location as the existing one? Did you
14 already cover that?
15 MR. RONALD F. GATTI: It will simply
16 be putting the roof on the existing --
17 MR. ARMSTRONG: Right on top.
18 MR. RONALD F. GATTI: Yep.
19 MR. ARMSTRONG: It's the kind of
20 thing that would sit right on top.
21 MR. RONALD F. GATTI: Yep.
22 MR. KEENER: What's the length of
23 the concrete apron in the front of the facility?
24 MR. RONALD F. GATTI: There is no
25 concrete apron in the front.
43
1 MR. KEENER: It says here on your
2 drawing, Exhibit 2, that there's at least --
3 MR. RONALD F. GATTI: Exhibit 2 I
4 had said this was a spec sheet from the --
5 MR. KEENER: Up on top in the front
6 of the building they're showing a concrete apron.
7 MR. RONALD F. GATTI: We are not
8 planning a concrete apron. It's a macadam surface
9 for mixing. If you're mixing salt and so on, you
10 really don't want a concrete apron; but if you're
11 mixing grits and salt -- I mean, what we have is in
12 fact, you know, a macadam paved area.
13 MR. ARMSTRONG: I think probably
14 what the board's concern is not necessarily with
15 respect to your request but the documents before us
16 are kind of hard to follow.
17 MR. MOYER: Yeah. Are you -- what
18 kind of roof are you putting on it? Are you going
19 with the T-111, with the two-by-fours?
20 MR. RONALD F. GATTI: Yes.
21 MR. MOYER: So the top is going to
22 be constructed with --
23 MR. RONALD F. GATTI: See, the
24 documents before you were not -- I mean, we
25 understand that we will have to get building
44
1 permits and we will abide by whatever the
2 requirements are, the construction official and so
3 on. The issue that came up was that we couldn't go
4 that step. We couldn't prepare that step because
5 we hadn't -- we don't have a land development
6 approval. So that land development approval to put
7 a shed -- I mean, to put a roof onto an existing
8 bunker just did not seem to be a -- I mean, I'm
9 sure that's not the purpose of the land development
10 process.
11 It's -- I mean, this project is a
12 two or three-thousand-dollar -- no, I shouldn't say
13 that. It's probably, total cost was -- will be
14 about another 12 -- 12 or $14,000 will be the cost
15 of this.
16 MR. ARMSTRONG: Right. I wasn't
17 arguing with the fact that placing the roof on this
18 isn't a significant change. What I was indicating
19 was -- I mean, if the board was to entertain
20 probably waiving land development, I think they'd
21 really want to see specifically what you're
22 proposing before they waive something. And I say
23 this because there's a picture of a structure and
24 then there's a --
25 MR. RONALD F. GATTI: I think -- I
45
1 don't have it with -- well, maybe I do have it.
2 MR. KEENER: Mr. Chairman, we've
3 entertained a request for a deck of roughly
4 500 square feet in the past and we denied that
5 request for waiver of land development. You know,
6 we've been talking about trying to set, I guess, a
7 limit on where we would draw the line and when land
8 development is required, and I don't think we've
9 come to that conclusion.
10 We've talked about 500 feet, we've
11 talked about 5,000 square feet; but in the past
12 we've not approved waiver of land development, at
13 least anything more than 500 square feet that I'm
14 aware of.
15 MR. KERRICK: That's correct. To
16 the best of my knowledge it was 5 or 600 square
17 feet, a concrete patio that we did deny approval.
18 MS. PICKARD: Mm-hmm.
19 MR. KERRICK: What's your -- do you
20 have a motion or a recommendation for Locust Lake
21 Village at this time? Or does anyone?
22 MR. ARMSTRONG: I mean, you could
23 request him to have more specified documents so you
24 have a better idea of what he's proposing. Or if
25 you want --
46
1 MR. KEENER: Well, I think that's
2 the purpose of land development, is to develop the
3 documents necessary to document what you really
4 want to do. And I don't think we've seen any of
5 that at this point.
6 (Discussion off the record.)
7 MR. KERRICK: I asked at this point
8 if you choose not to entertain the request, I asked
9 if we needed a motion to deny or how we were to
10 handle it.
11 MR. KEENER: He's requesting a
12 waiver of land development. I would make a motion
13 that we deny the request for waiver of land
14 development based on prior direction that we've
15 given other applicants.
16 MR. RONALD F. GATTI: I thought each
17 application is viewed on its own merit.
18 MR. KEENER: But we need to be
19 consistent.
20 MR. RONALD F. GATTI: I do have some
21 difficulty denying my request on the basis of
22 action that was taken on other --
23 MR. ARMSTRONG: I don't think that's
24 what he said. I think what -- you're right, every
25 request in here is a separate and distinct request;
47
1 but at the same time, the township has, you know,
2 their practice and their way of dealing with
3 certain things. And it's Tobyhanna Township's
4 practice to be very weary about granting waivers of
5 land development.
6 And specifically, you know, when
7 they don't have -- if you would have come in here
8 with a plan specifying exactly what's being
9 proposed, you know, specs and all -- I mean,
10 granted, that's going to take some money --
11 MR. RONALD F. GATTI: I don't mean
12 to be argumentative, but this is the third time
13 I've been here. On each of the other occasions
14 I've asked, is there additional information that
15 the board would like and I've been told no.
16 Nonetheless, I did prepare additional information
17 so that the board would be able to see the larger
18 picture other than simply the structural details of
19 the project.
20 I mean, do what you have to do. We
21 will do our very best to comply with whatever you
22 request, but please note that we have been trying.
23 We're not coming here unprepared or so on. I have,
24 you know, on several occasions, requested what is
25 the information that you would like to be able to
48
1 evaluate this request. And each time I've been
2 told no, we have all the information we need. Then
3 we're here tonight and I'm hearing that we don't
4 have any of the information we want. What is --
5 MR. ARMSTRONG: Some of your
6 information is conflicting, that's one element.
7 But that's neither here nor there.
8 So I guess for this evening, what's
9 the pleasure of the board? Do you want to consider
10 it further? Do you want to give him some direction
11 as to which way you're leaning?
12 MR. KERRICK: Well, I agree that you
13 did ask if we need additional information and we
14 did tell you that we had enough information, which
15 basically this is a little bit more detailed. But
16 the bottom line is, what this board had to weigh
17 out is, whether we would waive land development.
18 And in land development -- Jamie,
19 correct me if I'm wrong -- that's where it's very
20 specific in detail as to what's going to happen.
21 This is just a broad overview of what they propose.
22 And this board's practice is not to waive land
23 development.
24 MR. KEENER: That's correct.
25 MR. KERRICK: The only other thing
49
1 we could've done is saved a lot of time and said
2 no.
3 MR. RONALD F. GATTI: This is not
4 land development.
5 MR. KEENER: By definition it is
6 land development.
7 MR. RONALD F. GATTI: Okay.
8 MR. KERRICK: Can you speak to that
9 as far as land development?
10 MR. ARMSTRONG: Well, I mean, it's
11 an improvement; it's not a residential improvement
12 to the property.
13 MR. RONALD F. GATTI: Clearly. But
14 is -- whatever you would like us to do, we will do.
15 As I said, I'm not here to be argumentative with
16 you. I'm trying to find out.
17 MR. KEENER: We just went through
18 land development for an equipment shelter that
19 is --
20 MR. ARMSTRONG: Yeah, by definition
21 it's land development. I mean, land development is
22 two --
23 MR. RONALD F. GATTI: This is a new
24 use. I mean, the equipment shelter is for a new
25 use, a new -- something which does not presently
50
1 exist. What I'm requesting there is no change in
2 use, there is no expansion of use, it is simply so
3 that the salt which is presently stock piled
4 on-site can be in a dry location rather than left
5 where the elements can birth to the degradation of
6 the environment.
7 MR. ARMSTRONG: Just so you're
8 aware, it's a nonresidential improvement to your
9 property. By definition that's land development.
10 So I mean, what's the pleasure of
11 the board?
12 MR. KERRICK: We have a motion on
13 the floor.
14 Do we have a second?
15 MS. PICKARD: I'll second the
16 motion.
17 MR. KERRICK: Motion and second to
18 deny the waiver of land development.
19 Any questions or comments from the
20 board?
21 Questions or comments from the
22 public?
23 Call the vote.
24 Jamie?
25 MR. KEENER: I vote in favor.
51
1 MR. KERRICK: Donny?
2 MR. MOYER: I vote in favor.
3 MR. KERRICK: Hugh?
4 MR. LAMBERTON: I vote in favor.
5 MR. KERRICK: Heidi?
6 MS. PICKARD: I vote in favor.
7 MR. KERRICK: Motion carried.
8 I do have a question. This is for
9 you, Pat. If this board -- the way they view
10 things now is, they do not waive land development.
11 Does each applicant still have to come before the
12 board or could we save the applicant time and tell
13 them up front that we don't waive land development
14 no matter the size until we change our ordinance?
15 I mean, granted, this gentleman has been here three
16 times.
17 MR. KEENER: We've been considering
18 a square foot limit on land development, and I
19 think that's something we need to take up. The
20 planning commission has discussed it. If we want
21 to allow that to happen, then let's prepare an
22 ordinance to say it's gonna be 500 square feet or
23 it's gonna be a thousand square feet.
24 That's gonna be dealt with at the
25 township engineering level, but there's still
52
1 issues that need to be addressed such as stormwater
2 and grading and, you know, all of the other issues
3 that need to be dealt with when you're building a
4 building. I don't know where this comes into play
5 with the UCC since it's gonna be a structure. Is
6 it gonna be inspected?
7 MR. MOYER: Yeah, I mean, that's
8 what I was asking.
9 MS. PICKARD: We could waive land
10 development but not waive all the ordinances.
11 MR. ARMSTRONG: No, I mean --
12 MS. PICKARD: They still have to
13 abide by that and then our engineer and our zoning
14 officer would still be requiring everything.
15 They'd still probably have to prepare documents
16 because any plan has to be reviewed by Guardian.
17 MR. ARMSTRONG: Right. And any --
18 MS. PICKARD: And so there would
19 need to be -- all those plans would still need to
20 be completed as well.
21 MR. ARMSTRONG: Correct. And if
22 there was any waiver of land development there
23 could also be conditions to that waiver. And
24 that's also something the board -- if the board was
25 in the future, you know, agreeable to consider
53
1 certain waivers of land development for certain
2 projects, you know, they could attach certain
3 conditions to those waivers.
4 MS. PICKARD: But it would still
5 have to go through the entire process. You'd just
6 be waiving the PC process, because Bob McHale would
7 have to review plans. We'd need to have a
8 professional services agreement and engineering
9 fees --
10 MR. ARMSTRONG: If you're waiving
11 land development?
12 MS. PICKARD: Yeah. Well, that's
13 what I'm asking.
14 MR. ARMSTRONG: You would have to
15 put that as a condition of waiver.
16 MS. PICKARD: Because we'd still
17 have our engineer reviewing the plan and our
18 attorney reviewing the plan.
19 MR. ARMSTRONG: Right.
20 MS. PICKARD: So there still would
21 be a cost that the township would be incurring.
22 MR. ARMSTRONG: Those would all be
23 conditions of a waiver, that you still want your
24 engineer to completely review all the plans, that
25 you want a professional services agreement with the
54
1 applicant. Those would all be conditions to, when
2 it comes to a waiver of land development, if you
3 would want those.
4 MR. KERRICK: Okay. We'll move on.
5 Next on our agenda, Pinecrest Lake Phase 7 time
6 waiver. Item H in our packet.
7 What's the board's pleasure?
8 MR. ARMSTRONG: I think that this is
9 current, the PRD final application for Phase 7 for
10 Pinecrest Lake. Their time period was coming up at
11 the end of this month and they submitted an
12 extension of time waiver.
13 As the board may be aware, the
14 applicant's attorney recently responded to our
15 letter from my office indicating that they're
16 looking to set up a meeting with the township and
17 other appropriate individuals at the end of March.
18 Currently the applicant is away out of the state in
19 Arizona, but we do want to get that meeting
20 scheduled so at least one or two of the supervisors
21 can attend. But there's no real action needed here
22 tonight.
23 MS. PICKARD: We don't need to
24 accept it?
25 MR. KERRICK: We don't need to
55
1 accept it?
2 MR. ARMSTRONG: You can accept it,
3 if you'd like.
4 MR. KERRICK: That's been past
5 practice, if we don't need to --
6 MS. PICKARD: Well, I think we had
7 no longer taken on the time waivers that were at
8 the planning commission level. This was one that
9 had been moved through the planning commission and
10 such time --
11 MR. ARMSTRONG: You can just
12 acknowledge that you received the time waiver from
13 the applicant.
14 MS. PICKARD: I'll make a motion
15 that we accept the time waiver.
16 MR. KERRICK: Do we have a second?
17 MR. KEENER: Second.
18 MR. KERRICK: Questions or comments
19 from the board?
20 Questions or comments from the
21 public?
22 Call the vote.
23 Jaime?
24 MR. KEENER: I vote in favor.
25 MR. KERRICK: Donny?
56
1 MR. MOYER: I vote in favor.
2 MR. KERRICK: Hugh?
3 MR. LAMBERTON: I vote in favor.
4 MR. KERRICK: Heidi?
5 MS. PICKARD: I vote in favor.
6 MR. KERRICK: I vote in favor.
7 Motion carried.
8 Next on our agenda, we don't need
9 a -- I just want to write this into the minutes,
10 that Locust Ridge contractor shop, office building
11 land development plan, they withdrew.
12 Anything else need to be done on
13 that item?
14 MR. ARMSTRONG: Nope.
15 MR. KERRICK: Okay. Next on our
16 agenda, truck purchase. Item J in your packet.
17 Basically it's a pickup truck that the township has
18 placed, as a capital purchase, in its budget for
19 2008. This was a bid with COSTARS which is a
20 piggyback program through the state. And the
21 dealer that honors it would be Warnock Fleet &
22 Leasing. I believe they're in New Jersey, yes.
23 What's the board pleasure?
24 MS. PICKARD: This has all the tow
25 package and --
57
1 MR. KERRICK: Total price is
2 27,381.52.
3 MS. PICKARD: I'll make a motion
4 that we approve the purchase from the COSTARS bid
5 on the 2008 Ford F-150 W14 four-wheel drive
6 SuperCrew 150 XLT in the amount of $27,381.52.
7 MR. KERRICK: Motion on the floor.
8 Do we have a second?
9 MR. LAMBERTON: Second.
10 MR. KEENER: Second.
11 MR. KERRICK: Questions or comments
12 from the board?
13 Questions or comments from the
14 public on the motion?
15 Call the vote.
16 Jamie?
17 MR. KEENER: I vote in favor.
18 MR. KERRICK: Donny?
19 MR. MOYER: I vote in favor.
20 MR. KERRICK: Hugh?
21 MR. LAMBERTON: I vote in favor.
22 MR. KERRICK: Heidi?
23 MS. PICKARD: I vote in favor.
24 MR. KERRICK: I vote in favor.
25 Motion carried.
58
1 Does the board have anything else to
2 consider?
3 Pat, do you have anything?
4 MR. ARMSTRONG: No.
5 MR. KERRICK: Does the public have
6 anything they'd like to address the board?
7 We're adjourned. Thank you for
8 coming.
9 (Meeting concluded at 8:13 p.m.)
10 ---
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7 I hereby certify that the
8 proceedings and evidence are contained fully and
9 accurately, to the best of my ability, in the notes
10 taken by me at the meeting in the above matter; and
11 that the foregoing is a true and correct transcript
12 of the same.
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15 ______________________
16 EVILYS E. BRATHWAITE
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