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, September 14, 2009, beginning at 7:01 p.m.
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PRESENT: JOHN E. KERRICK, Chairperson
HEIDI A. PICKARD, Vice-Chairperson
ANNE LAMBERTON, Board Member
DONALD MOYER, Board Member
JAMIE B. KEENER, Board Member
PATRICK M. ARMSTRONG, ESQUIRE,
Solicitor
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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 for the board of supervisors
3 meeting of Tobyhanna Township, September 14, 2009. Call
4 the meeting to order with the Pledge of Allegiance,
5 please.
6 (Pledge of Allegiance was recited.)
7 MR. KERRICK: First order of business,
8 announcements.
9 MS. PICKARD: He's working on it.
10 MR. KERRICK: Want me to come back to
11 you?
12 Consider the minutes of August 10,
13 2009 regular business meeting. Do we have a motion?
14 MS. PICKARD: I have a couple of
15 corrections.
16 MR. KERRICK: Okay. Sorry about that.
17 MS. PICKARD: That's all right. On
18 the August 10 meeting, on Page 10, "Did you review it,
19 Jim," should be Jamie, rather than Jim. And on Page 15,
20 Line 23, that should be January 1, 2012.
21 And with that, with those corrections,
22 I'll make a motion we approve the August 10.
23 MR. MOYER: Second.
24 MR. KERRICK: Motion and second.
25 Questions or comments from the board?
3
1 Questions or comments from the public
2 on the motion?
3 Call the vote. Jamie?
4 MR. KEENER: I vote in favor.
5 MR. KERRICK: Anne?
6 MS. LAMBERTON: I vote in favor.
7 MR. KERRICK: Donny?
8 MR. MOYER: 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 item, announcements.
14 MS. PICKARD: I had -- the dates for
15 fall cleanup are scheduled at our transfer station on
16 Sullivan Trail, Saturday, October 10, through Saturday,
17 October 17. And the hours are the same, Monday through
18 Friday, eight to four; Saturday, eight to three. And the
19 rates are the same as they were last time. We do have a
20 copy of that and it's posted out in the hall.
21 That was it.
22 MR. KERRICK: Okay. Next item of
23 business, we're going to jump around a little bit. I need
24 a motion to approve the UPS backup for Kuharchik
25 Construction Payment Request No. 2. It's in your packet
4
1 where everything's been reviewed and it's actually in the
2 30 day test period.
3 MS. PICKARD: I make a motion we
4 approve the UPS project, Kuharchik Construction Payment
5 Request No. 2 in the amount of $46,797.05
6 MR. KEENER: Second.
7 MR. KERRICK: Motion and second.
8 Questions or comments from the board?
9 Questions or comments from the public?
10 Call the vote. Jamie?
11 MR. KEENER: I vote in favor.
12 MR. KERRICK: Anne?
13 MS. LAMBERTON: I vote in favor.
14 MR. KERRICK: Donny?
15 MR. MOYER: I vote in favor.
16 MR. KERRICK: Heidi.
17 MS. PICKARD: I vote in favor.
18 MR. KERRICK: I'll vote in favor.
19 Next item, consider the treasurer's
20 report dated September 14, 2009. Total for board
21 approval, $260,829.83.
22 MS. PICKARD: Motion to approve the
23 September 14 bill pack in the amount of $260,829.83.
24 MR. KEENER: Second.
25 MR. KERRICK: Motion and second.
5
1 Questions or comments from the board
2 on the motion?
3 Questions or comments from the public
4 on the motion?
5 Call the vote. Jamie?
6 MR. KEENER: I vote in favor.
7 MR. KERRICK: Heidi -- or, I mean
8 Anne? Excuse me.
9 MS. LAMBERTON: I abstain.
10 MR. KERRICK: Donny?
11 MR. MOYER: I vote in favor.
12 MR. KERRICK: Heidi?
13 MS. PICKARD: I vote in favor.
14 MR. KERRICK: Motion carried.
15 Next item, solicitor's report.
16 MR. ARMSTRONG: There's two items
17 under my report. First one is the future land use map
18 under the regional comprehensive plan. It's been before
19 the planning commission previously for consideration.
20 It's also been discussed at the board of supervisors.
21 There's a public hearing that's been
22 scheduled for this evening to take place. The public
23 hearing was advertised in the Pocono Record on August 24
24 and August 31 of 2009. The proposed changes for the
25 proposed future land use map under the regional
6
1 comprehensive plan was forwarded to all the neighboring
2 and adjacent municipalities, as well as the Pocono
3 Mountain School District, as well as the County of Monroe.
4 We've received a review letter from Monroe County Planning
5 Commission. We've received some additional
6 recommendations from Tobyhanna -- Tobyhanna Township
7 Planning Commission pursuant to the last week's meeting.
8 It's been advertised for a public
9 hearing this evening. This is not a zoning amendment.
10 This is a proposed future land use map to be included in
11 the regional comprehensive plan that was previously
12 adopted by Tobyhanna Township, Mount Pocono Borough,
13 Coolbaugh Township and Tunkhannock Township.
14 When the Township of Tobyhanna
15 previously adopted the regional comprehensive plan, it
16 excluded the future land use map in that adopting
17 resolution because the Township of Tobyhanna wanted to
18 continue -- continue to review the future land use map and
19 this is how this map has come before you at this point in
20 time.
21 And as I said, it was advertised for a
22 public hearing this evening. Members of the public are
23 here, are welcome to comment on that. And with respect to
24 that, I will note that the proposed plan, absent any
25 changes discussed at the September 10, 2009 Tobyhanna
7
1 Township Planning Commission, is illustrated in the front
2 of the meeting room this evening.
3 At this point, I would probably
4 suggest that the board, if you want to discuss any issues
5 that you may want to discuss at this point, but that being
6 said, I think we should open it up -- the public hearing
7 should be opened at this point and the board should
8 discuss any issues that they may have or want to discuss
9 with respect to the plan and also the proposed
10 recommendation of the planning commission from its last
11 week's meeting.
12 So with that, the public hearing is
13 hereby opened and if the board wants to entertain either
14 comments or discussion items from the public at this
15 time, or if you want to discuss the board's own issues
16 with respect to the map at this time, that's what I
17 would --
18 MR. KERRICK: Can I make a suggestion?
19 MR. ARMSTRONG: Absolutely.
20 MR. KERRICK: Before we open it up to
21 the public, could we have the latest revisions from the
22 planning commission, Tobyhanna Township Planning
23 Commission?
24 MR. ARMSTRONG: Right. Actually I see
25 that Mark Sincavage is in the audience and Anne Lamberton
8
1 was also at the planning commission and -- both planning
2 commission members, I don't know if they want to discuss
3 it or if -- I mean, I have a recollection of what took
4 place at the planning commission meeting as well. I
5 can --
6 MR. MARK SINCAVAGE: I was actually
7 attending on behalf of S.I.D.E Corporation, not for the
8 township -- not the township planning commission, but if
9 you want me to talk about what we discussed, I can do that
10 too.
11 MR. MOYER: You have it all? I mean,
12 you know it all?
13 MR. ARMSTRONG: Yeah, I know generally
14 what they were discussing, yeah. Okay. Well, we'll --
15 yeah. First off, they discussed the clarification -- I
16 don't know how I want to do this -- that the board
17 previously discussed with respect to the clarification of
18 this particular area right here. And I believe what the
19 planning commission ended up recommending was that -- I
20 guess there is an issue with respect to lots along that
21 road and on the other side and it's my understanding that
22 the planning commission was recommending that the line be
23 designated not only on that road, but to include the lots
24 on the other side of the road. And the name of that road
25 is not coming to me.
9
1 MR. KERRICK: Norton Pryor?
2 MR. MARK SINCAVAGE: Norton Pryor.
3 MS. LAMBERTON: Right.
4 MR. ARMSTRONG: And I know the
5 board -- I know the supervisors discussed this at their
6 work session. Is that --
7 MR. KEENER: Yeah. That's what we had
8 talked about. I mean, including all the smaller parcels
9 adjacent to the road on the south side.
10 MR. ARMSTRONG: So that is -- that was
11 one recommendation to make sure -- or confirm that the map
12 is revised to clarify that that line does include the lots
13 on the other side of that property. And when I say that,
14 the lots on the other side of that property should be
15 included in the -- pursuant to the planning commission's
16 recommendation, in the borough/village center mixed use.
17 One of the additional discussion
18 subjects at the planning commission meeting last week was
19 with respect to this small outparcel of -- designated as
20 purple within that larger gray area, and I believe the
21 planning commission -- does everyone see where it's small?
22 MR. MOYER: I know where you mean.
23 MR. ARMSTRONG: This small outparcel
24 of purple, which is designated on the map as business
25 development, the planning commission recommended that that
10
1 be not purple but red, general commercial?
2 MS. LAMBERTON: Yes.
3 MR. ARMSTRONG: And I believe that was
4 also discussed at the board of supervisors --
5 MR. KERRICK: It was a mistake. Okay.
6 MR. ARMSTRONG: An additional subject
7 discussed at the planning commission was the future growth
8 area designation on the map. And this was also commented
9 on at the Monroe County Planning Commission's review
10 letter that the future growth area designation on the map
11 is not quite clearly illustrated in that it needs to be
12 clarified with the finally approved map. And I believe
13 that was also discussed at the board of supervisors work
14 session.
15 As to the exact location of those
16 designations, I don't know if the planning commission
17 discussed the substantive locations of those locations,
18 just that it needs to be clarified so it can provide the
19 township with the ample notice.
20 MS. LAMBERTON: That's correct.
21 MR. ARMSTRONG: And additionally there
22 was discussion with respect to this gray area on the
23 proposed future land use map, which is designated on the
24 map as gray industrial and there were some lots that the
25 planning commission recommended be changed from the gray
11
1 designation, which is industrial, and that they be changed
2 to business development, which would be the light blue
3 color on the designated map.
4 And those lots that were discussed by
5 the planning commission are actually recorded lots under a
6 previously approved subdivision plan and just for purposes
7 of identifying them, it's probably easier for me to just
8 go through the lots that the planning commission
9 recommended being changed from the currently shown as
10 industrial to business development, and those lots are --
11 I don't know -- it doesn't show the lots.
12 MS. PICKARD: Where the hotel is?
13 MR. ARMSTRONG: Yeah, there was --
14 MS. PICKARD: Along the 115 frontage.
15 MR. KERRICK: I think the way you
16 explained it last time, Jamie, it didn't have to be
17 specific to lot lines, did it, as far as the --
18 MR. MOYER: Yeah. Future land use --
19 MR. KEENER: Where are we looking at?
20 Are we looking at the west side of 115 or in --
21 MR. ARMSTRONG: Actually --
22 MR. KERRICK: No. The east side.
23 MS. PICKARD: East side.
24 MR. KERRICK: I think.
25 MR. ARMSTRONG: This -- this depiction
12
1 actually has the lots.
2 MR. MARK SINCAVAGE: If I could jump
3 in, because this is the lands of S.I.D.E. Corporation.
4 The lands -- it's the lots right along the front of New
5 Ventures Commercial Park and it's where the hotel and the
6 State Police Station is and our office buildings. We
7 didn't want to have all that zoned industrial, so we
8 suggested that the planning commission, and the planning
9 commission recommending that recommendation, that that be
10 business development and it would be Lots No. 1, 2, 10,
11 11, 12, 14 and 15.
12 MR. ARMSTRONG: And then there's also,
13 I believe, discussion of the two lower lots, right?
14 MR. MARK SINCAVAGE: Yeah. On the
15 mapping that you guys have, you didn't reflect an updated
16 subdivision that we performed when we did Stream's Edge;
17 so the open space area, which is zoned as residential in
18 the future land use map in that yellow, actually comes out
19 to 115 now and that lot line needs be realigned according
20 to the recorded subdivision. It's -- your map's a
21 little -- it's just not right up to date.
22 MR. ARMSTRONG: And it might be
23 better, Mark -- and anyone from the public that want to
24 come up here, this is the only map that actually shows
25 these lot lines. If you want to just illustrate for the
13
1 board which -- which lots were discussed.
2 Anyone from the public is welcome to
3 come up.
4 MR. MARK SINCAVAGE: It's these lots
5 along the frontage here, right in here.
6 MR. KEENER: The yellow ones?
7 MR. MARK SINCAVAGE: The yellow. This
8 line isn't right. This -- this -- the new line actually
9 comes out to here, and encompasses the old Lot 12.
10 MR. MOYER: Which is now what? It's
11 just --
12 MR. MARK SINCAVAGE: It's just that
13 the additional lot. The acreage was incorporated into
14 the --
15 MR. MOYER: Oh, yeah. Right.
16 MR. MARK SINCAVAGE: -- a new Lot 12.
17 MR. KERRICK: There's a new Lot 12 --
18 MR. MARK SINCAVAGE: Right, right.
19 MR. KERRICK: -- that has the old
20 lot --
21 MR. MARK SINCAVAGE: Right.
22 MR. KERRICK: -- included.
23 MR. MARK SINCAVAGE: Right. And then
24 we created Lot 13, which comes out here, and we did that
25 when we did Stream's Edge and Stream's Edge then created
14
1 Lot 100 and Lot 110, which also doesn't show up on this
2 map.
3 MR. ARMSTRONG: I believe it was those
4 two bottom ones as well.
5 MR. MARK SINCAVAGE: That was the land
6 on the opposite side of the -- 80, and the planning
7 commission thought that would be better, because of the
8 small size of it and because of the location, it would be
9 better in business development also. Thanks, Pat.
10 MR. ARMSTRONG: So those were the
11 changes discussed and recommended at the planning
12 commission meeting last week.
13 MR. MOYER: We have 100 and 110?
14 MR. MARK SINCAVAGE: No. 100 and 110
15 will stay in the industrial --
16 MR. MOYER: Oh, okay.
17 MR. MARK SINCAVAGE: -- because that's
18 warehouse distribution, manufacturing --
19 MR. MOYER: Right. Okay.
20 MR. ARMSTRONG: So now that the board
21 is aware of the --
22 MR. KERRICK: We have one question.
23 MR. ARMSTRONG: Sure.
24 MS. PICKARD: You said because of
25 being along the corridor on the opposite side --
15
1 MR. MARK SINCAVAGE: Yes.
2 MS. PICKARD: -- with Blue Ridge, they
3 were not suggesting that they make that business
4 development at all?
5 MR. MARK SINCAVAGE: We didn't discuss
6 that actually, but you're probably right. I didn't even
7 notice that that was -- is that industrial also, the Blue
8 Ridge property?
9 MS. PICKARD: Yeah. That makes sense
10 to me. That would be better --
11 MR. MARK SINCAVAGE: As business
12 development?
13 MS. PICKARD: -- as business
14 development as well.
15 MR. MARK SINCAVAGE: Yeah. Because I
16 don't -- I think that lot's only maybe nine or ten acres
17 that Blue Ridge owns. No? It's larger than that?
18 MS. PICKARD: (Shaking head.)
19 MR. MARK SINCAVAGE: Well, for the
20 warehouse distribution, you usually need a 100 acre
21 minimum, so you need a good size lot.
22 MS. PICKARD: I think warehousing is
23 under business development, but distribution center is
24 under industrial.
25 MR. MARK SINCAVAGE: That is correct.
16
1 MR. KEENER: So change that west side
2 of 115 from gray to light blue, purple, whatever that
3 color is.
4 MR. ARMSTRONG: From gray to the
5 business development color.
6 MR. KEENER: Yes.
7 MR. MOYER: Blue. Gray.
8 MR. KEENER: These two parcels on the
9 south -- southeast quadrant of the interchange, would they
10 rather -- they be better served as commercial than
11 business development? Since we have commercial adjacent
12 to all of the -- to everything else on the south side of
13 80?
14 MR. MOYER: Which --
15 MS. LAMBERTON: Right here.
16 MS. PICKARD: Right here? That's up
17 top, isn't it?
18 MR. KEENER: No. It's the corner of
19 the gray that extends down.
20 MS. PICKARD: It's that little piece?
21 MR. ARMSTRONG: Again, anyone from the
22 public, if you want to come up.
23 MR. KEENER: These two little pieces
24 here, this is the interchange.
25 MS. PICKARD: Okay.
17
1 MR. KEENER: These two pieces here
2 that -- I mean, this is all commercial and it's commercial
3 across the road.
4 MS. PICKARD: That's where Mark was
5 saying the blue is business development.
6 MR. KEENER: Yeah. I'm saying because
7 they're so small they might be better served to be
8 commercial, the same as the ones adjacent to it.
9 MR. MOYER: Right in here. Both of
10 them? These two right here?
11 MR. KEENER: Yeah.
12 MR. MOYER: Okay.
13 MR. KEENER: Yeah. 115 cuts down
14 right through here.
15 MR. MOYER: Right. Right.
16 MR. KEENER: So -- and I think
17 everything on this side of 115 should be commercial.
18 MR. MOYER: Which size are these? Do
19 you know?
20 MR. KEENER: A couple acres.
21 What size are those frontage lots on
22 115?
23 MR. MARK SINCAVAGE: They range a
24 minimum of three acres --
25 MR. KEENER: Okay.
18
1 MR. MARK SINCAVAGE: -- up to --
2 MR. KEENER: Well, you're --
3 MR. MARK SINCAVAGE: -- four and a
4 half to five.
5 MR. KERRICK: You're not in the
6 industrial park, are you?
7 MR. KEENER: No. No.
8 MR. KERRICK: You're talking about the
9 ones on the other side of 80 --
10 MR. KEENER: I'm just trying to get a
11 size comparison.
12 MR. KERRICK: The old gas station.
13 MR. MARK SINCAVAGE: Oh, the old gas
14 station. I think the old gas station is probably just
15 like maybe an acre and then there's a larger piece behind
16 it, that's probably like seven or nine acres.
17 MR. KEENER: Yeah, that's these two.
18 MR. KERRICK: That's those two there.
19 MR. MARK SINCAVAGE: Yes.
20 MS. PICKARD: The line would be --
21 MR. KERRICK: That's okay.
22 MR. MOYER: That would be there,
23 because that (inaudible) -- that makes sense.
24 MR. KERRICK: Is that the end of the
25 changes for the planning commission?
19
1 MR. ARMSTRONG: Those are the end of
2 the changes that I'm aware of from the planning commission
3 meeting last week.
4 MR. KEENER: Did they address the CI
5 piece on the northwest corner of 940 and 115 at all, that
6 red CI?
7 MR. MOYER: The real small one?
8 MS. LAMBERTON: It's commercial.
9 MR. KEENER: Okay.
10 MS. PICKARD: The burnt sienna --
11 MS. LAMBERTON: It should say
12 commercial.
13 MR. ARMSTRONG: Well, what we
14 discussed -- I believe what they discussed is that --
15 MR. KEENER: It stays commercial.
16 MR. ARMSTRONG: Right, right.
17 MS. LAMBERTON: Yes.
18 MR. KEENER: Okay. That's fine.
19 That's the zoning.
20 MR. ARMSTRONG: Right. We discussed
21 at the planning commission that the overlay of the
22 existing zoning complicates and makes it confusing to
23 understand --
24 MR. KEENER: Right.
25 MR. ARMSTRONG: -- which is one of the
20
1 reasons it'll be needed when the entire regional comp map
2 is revised.
3 MR. KEENER: Okay.
4 MS. LAMBERTON: That's it.
5 MR. ARMSTRONG: So at this point, I
6 think the board, if you want to discuss any additional
7 changes or prior to that if you wanted to open it up to
8 the public at this time for any additional comments or
9 questions with respect to the proposed future land use
10 map.
11 MR. KEENER: Just one comment on the
12 future growth areas. We do need to take a hard look at
13 that before it gets adopted because there's a lot of
14 things that are impacted by those growth boundaries such
15 as Act 537 planning. If you look at areas for future
16 sewer service that are not in designated growth
17 boundaries, a lot of times DEP will have some heartburn
18 over that. They prefer to see that within -- if you're
19 looking to sewer a certain area, they're looking to see
20 that within a growth area.
21 So we would need to make sure that
22 we're looking ahead, which we've already discussed the --
23 what is it, Pocono Lake area? That was --
24 MS. PICKARD: That was in our original
25 537 plan.
21
1 MR. KEENER: Yes. Yes.
2 MS. PICKARD: I don't know if you can
3 see that, Jamie.
4 MR. ARMSTRONG: In my looking at this
5 map, it looks like there's -- yeah, that's probably
6 better.
7 MR. KEENER: The dark green? That's
8 the designated growth area? It comes back in here and
9 around all the residential back here, but future growth
10 area, I don't see where that's delineated as a future
11 growth area. I mean, we have it designated. I think this
12 is a designated --
13 MR. KERRICK: That's designated there?
14 MR. KEENER: Yeah.
15 MR. ARMSTRONG: The one thing to keep
16 in mind, we talked about this briefly at the planning
17 commission, is that this -- those -- those illustrations
18 on the key, on the legend --
19 MR. KEENER: Yeah.
20 MR. ARMSTRONG: -- it's -- were not
21 only Tobyhanna, but all of the municipalities in the
22 regional comp plan. So some of them may be using some of
23 those depictions and Tobyhanna may not.
24 MR. KEENER: Okay.
25 MR. ARMSTRONG: Does that make sense?
22
1 MR. KEENER: Yeah. I'm seeing that
2 here in Tunk --
3 MR. ARMSTRONG: Right.
4 MR. KEENER: -- has it designated.
5 Okay. So we may not be using future growth area? We may
6 be using designated growth area by definition.
7 MR. ARMSTRONG: Right.
8 MR. KEENER: But, again, we've talked
9 about this commercial area to be served as part of our 537
10 plan. It shows that commercial area being served as a
11 growth area. We should make sure that if we're thinking
12 about that, this boundary should include that commercial
13 area.
14 MS. PICKARD: Well, we're going to be
15 doing the map now. We should --
16 MR. KEENER: Yes.
17 MS. PICKARD: Where would you be
18 suggesting we be running that?
19 MR. KERRICK: Right over to -- just
20 like the 537.
21 MS. PICKARD: Yeah. So just keep
22 going off the orange?
23 MR. KERRICK: The orange.
24 MS. PICKARD: Take it down to the --
25 MR. KEENER: Yeah. And with the --
23
1 what is this property? I don't know what that is.
2 MR. KERRICK: That's -- can never be
3 developed.
4 MR. KEENER: Okay.
5 MR. KERRICK: Pocono Lake Preserve.
6 MR. KEENER: So it could come --
7 MS. PICKARD: Where 940 runs.
8 MR. KEENER: You can come down the 940
9 corridor and just pick up the commercial area.
10 MR. MOYER: Right back around.
11 MR. KEENER: Yeah. I don't know if
12 this -- some of that area, we might have to look at as far
13 as service.
14 MR. KERRICK: Okay.
15 MR. ARMSTRONG: And on the other side?
16 MR. KEENER: We got the Summit.
17 That's just covering the commercial and the FedEx and then
18 all the commercial here, so I think that's appropriate.
19 Actually, this is the new commercial space here, so we
20 should probably pick that up as well, what we just
21 rezoned.
22 MR. KERRICK: Okay.
23 MR. ARMSTRONG: If there's -- are
24 there any other comments from the board at this time?
25 MS. LAMBERTON: No.
24
1 MR. ARMSTRONG: With that, I think we
2 should open it up to the public for any public comment on
3 the proposed future land use map. Just for the record,
4 identify yourself and where you live.
5 MR. GEORGE PODOLEK: George Podolek,
6 17 Park Road, Pocono Summit. I noticed that we're only
7 able to speak for three minutes, so if I may, I'd like to
8 mail some of this to -- or drop it off for you, because I
9 can't give my comments in three minutes, but I would like
10 to hit a few of them, and thank you for giving me the
11 opportunity to speak tonight.
12 My understanding is, this is plans for
13 the future use. What does future mean? Is it tomorrow?
14 Is it next week? Is it 10 years from now?
15 Now, this is also similar to a master
16 plan. Future use in the area of Norton Pryor and Park
17 Road and the 19 acres, I understand, is also included
18 business commercial. Okay. It's my understanding that
19 the whole area that you're discussing, including where the
20 industrial park is, was residential since 1911, was
21 recorded under Pocono Summit Improvement Company, Volume
22 1(a), Page 135. Okay.
23 Now, Mrs. Cramer, back in -- I think
24 it was 1995, submitted plans to change the whole area to
25 commercial industrial. It was denied by the township.
25
1 MR. ARMSTRONG: Just -- just so the
2 board's aware of what you're -- can you point out on the
3 map which area you're talking about?
4 MR. GEORGE PODOLEK: Well, Summit
5 Road, Norton Pryor and Park Road. I don't know where it
6 would be on that map.
7 MR. KEENER: It's the --
8 MR. ARMSTRONG: I think it's --
9 MR. KEENER: -- area we were just
10 talking about.
11 MR. ARMSTRONG: I think it's proposed
12 as --
13 MR. GEORGE PODOLEK: Mixed use, what I
14 understand.
15 MR. ARMSTRONG: Borough/village mixed
16 use.
17 MR. GEORGE PODOLEK: Which includes
18 commercial business. This is what I was -- it's my
19 understanding. That's why I'm concerned. In a March 24,
20 1999 letter, Kate Wessel, zoning officer, stated, and I'll
21 quote, in addition, nothing can be added to the set -- to
22 the site, which is the cell tower, other than the plan
23 approved cell tower facility. In other words, no building
24 can take place within 270 feet setback required for cell
25 tower construction.
26
1 Now, this is one thing which we're
2 concerned with. If the township approves this for
3 commercial business use, the drainage is very bad here.
4 You construct buildings with parking lots, you're going to
5 create a -- possibly drainage problems for the people.
6 And I'm wondering if the board would be responsible if
7 they do approve it that way, because right now the 19
8 acres cannot be built on. Mrs. Cramer tried to subdivide
9 this six acres -- or the nineteen acres into six building
10 lots. She was turned down because of the drainage. Okay.
11 Now, if it's approved for a mixed use
12 commercial, can trucks be run down Norton Pryor Road
13 through the woods into the industrial park? Because right
14 now, it's my understanding that trucks cannot go through a
15 residential zone. In fact, Norton Pryor and Park had no
16 trucks allowed and watch children signs. These were
17 constructed during Michael Dovidio's tenure. They were
18 taken recently -- taken down recently. They're not up
19 there right now.
20 What I'm asking the board, in the past
21 when we had requested the people in our area, the board --
22 previous boards ignored all our requests. I'm asking this
23 board to look out for our welfare. Please do not give it
24 a mixed use. This will give us problems with our homes.
25 Now, if you put this for mixed use, a
27
1 developer could come in and start asking to develop there.
2 This would give us all kind of problems. Please don't
3 sell us down a river. What advantage is it going to give
4 you -- giving us that have homes there? Like ours, for
5 example -- in fact, they're all there since the 1920s. I
6 don't know exact years. Ours is roughly around 1920.
7 What advantage is it to give us a
8 mixed use now instead of residential? Please don't sell
9 us down a river. Don't give us the kiss of death because
10 you go to sell a house in a commercial zone, you can't do
11 it. There's a two-bedroom house across from Cramer's
12 parking lot. The people that lived there passed away and
13 the house is still not sold. And like I say, I'll mail
14 this if I have your permission. I've gotta keep it under
15 three minutes.
16 MR. KERRICK: You can continue. We
17 thought there'd be a lot more people, so it's --
18 MR. GEORGE PODOLEK: No, no.
19 MR. KERRICK: If you have a few more
20 minutes, feel free.
21 MR. GEORGE PODOLEK: Well, I'll just
22 leave it at that, John. I'll drop it off.
23 MR. KERRICK: Okay.
24 MR. GEORGE PODOLEK: Because I jumped
25 all over the place trying to -- the big concern, like I
28
1 say, is building on the 19 acres and running
2 tractor-trailers up Norton Pryor through the woods into
3 the industrial park, because you got little kids in the
4 area. In fact, you got them on Summit Road. In fact, if
5 I may, as long as I got a few minutes --
6 MR. KERRICK: I knew I shouldn't
7 have --
8 MR. GEORGE PODOLEK: You opened the
9 door, John. You should know better. You know me how
10 long, John?
11 MR. KERRICK: Quite a while. Go
12 ahead.
13 MR. GEORGE PODOLEK: Okay. Just to --
14 you people probably don't know it, but that industrial
15 park was owned by Pocono Manor Hotel. It was -- the
16 configuration of 940 separated from Pocono Manor. Weldon
17 Cramer Enterprises from East Stroudsburg bought it. He
18 wanted to put a Holiday Inn there and we asked the board
19 at that time, who was Keiper, Trudy Denlinger and I think
20 Ricky Smith were the three supervisors. We -- that was
21 zoned residential. We asked them to leave it residential
22 and they ignored us, they made it commercial industrial,
23 which turned out to be the Tobyhanna Development Park.
24 And the only acreage they left
25 residential was the 19 acres and like I pointed out,
29
1 Mrs. Cramer wanted to do -- do, and the board at that time
2 said no because of drainage. You know, we're going to be
3 behind the eight ball here if this is approved.
4 MR. ARMSTRONG: Just to clarify one
5 thing so no one's confused, the board's not going to --
6 this isn't a zoning amendment. The zoning isn't going to
7 change with respect to this. This is the future land use
8 map plan.
9 MR. GEORGE PODOLEK: What does future
10 mean, though, Mr. Armstrong?
11 MR. ARMSTRONG: Well, it means in the
12 future there's the potential there that there may be a
13 rezoning down the road, but this is not a rezoning.
14 MR. GEORGE PODOLEK: I understand
15 but --
16 MR. ARMSTRONG: I just want to make
17 sure that you're aware of what exactly is being proposed
18 for the property.
19 MR. GEORGE PODOLEK: I mean, future
20 could be tomorrow, like I pointed out. Future could be
21 two weeks from now. Future could be a year from now.
22 Okay? Maybe hopefully I'll be dead and I won't have to
23 worry about it.
24 MR. ARMSTRONG: Right.
25 MR. GEORGE PODOLEK: But, you know,
30
1 right now, like I say, doing this could open the door for
2 other developers to say look, it's on the map. We want
3 you to rezone this.
4 MR. ARMSTRONG: Right.
5 MR. GEORGE PODOLEK: But now --
6 MR. ARMSTRONG: Just let me -- I just
7 want to read something for you. This is in the regional
8 comp plan and mind you, when something is designated as
9 borough/village center mixed use --
10 MR. GEORGE PODOLEK: Um-hum.
11 MR. ARMSTRONG: -- in the regional
12 comp plan, there's no list of specific uses that the
13 township has to allow or disallow in relation to this map.
14 That being said, the borough/village center mixed use is
15 described as -- not described as, but the land use
16 category is described as, the purpose of the
17 borough/village center mixed use category is to permit the
18 continued mixing of residential and residential serving
19 commercial uses in developed settlements where such a mix
20 of residential and commercial uses has occurred and to
21 maintain the character of those settlements by limiting
22 the scale and types of uses to those consistent with
23 existing uses.
24 MR. GEORGE PODOLEK: See, that's the
25 key. Commercial is the key.
31
1 MR. KEENER: Sir, if I could, I'm a
2 planner by profession. The idea is, Pocono Summit is
3 really a village, okay? It's a village --
4 MR. GEORGE PODOLEK: Right. And it's
5 been for how many years?
6 MR. KEENER: Right.
7 MR. GEORGE PODOLEK: A hundred years,
8 maybe more.
9 MR. KEENER: And that definition is
10 exactly what we want to continue to provide and protect
11 the commercial uses that are there. There's a body shop
12 on the corner.
13 MR. GEORGE PODOLEK: Is that Tobyhanna
14 or is that Coolbaugh?
15 MR. KEENER: That's Coolbaugh, but it
16 is --
17 MR. GEORGE PODOLEK: You're talking
18 about Mike's Auto Body. That's Coolbaugh.
19 MR. KEENER: Right, but we're part of
20 a regional comp plan and you want to be consistent from
21 boundary to boundary, from municipality to municipality
22 and that's why we're doing this regionally.
23 The whole -- the 940 corridor there is
24 all mixed use, borough/village mixed use, because there
25 are commercial -- there's one up the road. There's a lady
32
1 that does alterations. There's Cramer's there. It's all
2 really a part of a mixed use core. It's a village center.
3 It provides for residential uses to maintain the
4 character, it provides for the commercial uses that
5 support that residential -- as residential uses, so you
6 can have more of a walking community.
7 MR. GEORGE PODOLEK: Right.
8 MR. KEENER: It protects not only you,
9 but it also protects the other nonresidential uses.
10 MR. GEORGE PODOLEK: Right. You still
11 haven't answered the question. Can -- with the commercial
12 use, which you're telling me is part of -- for future,
13 okay? Could they run tractor-trailers through there? Yes
14 or no.
15 MR. KEENER: I wouldn't say they can
16 run through the small development streets, but certainly
17 now they run up 314 and down --
18 MR. GEORGE PODOLEK: 314's a lot
19 different than Park Road.
20 MR. KEENER: Right.
21 MR. GEORGE PODOLEK: I don't know if
22 you've ever been down there.
23 MR. KEENER: No. I would say --
24 within Park Road, no. I wouldn't want tractor-trailers
25 going in there.
33
1 MR. GEORGE PODOLEK: Well, that's our
2 concern.
3 MR. KEENER: And that's fine. Right
4 now there's no -- I wouldn't say there's any commercial
5 businesses in there that require tractor-trailer
6 deliveries.
7 MR. GEORGE PODOLEK: Well, the talk
8 was to eliminate Summit Road, which is old 940, okay, and
9 run them down Norton Pryor, cut a road through the woods
10 and continue. That's our concern.
11 MR. KEENER: Yeah --
12 MR. GEORGE PODOLEK: I mean, if you
13 say no, you know, they keep -- they're not going to do it
14 or you won't allow it to be done, then we'll put this at
15 rest.
16 MR. ARMSTRONG: Well, wait. Is it a
17 public road?
18 MR. KERRICK: It's a public road.
19 MR. GEORGE PODOLEK: Yeah. It's
20 Township T-626.
21 MR. KEENER: They -- somebody could
22 propose it, but --
23 MR. ARMSTRONG: Someone can --
24 MR. KEENER: -- and that's the little
25 stub here, that somebody can propose; but, no, we probably
34
1 wouldn't allow it to go through a residential development
2 like that.
3 MR. GEORGE PODOLEK: That's our
4 concern because they said, well, instead of a limit --
5 having them run down Summit Road, they would run, like I
6 say, down Norton Pryor, cut it right through the woods and
7 continue into the industrial park.
8 MR. KEENER: You would have thought if
9 that was going to happen it would have happened with 84
10 Lumber and all the other work that was done back there.
11 MR. GEORGE PODOLEK: Well, with 84
12 Lumber we were -- in fact, John could attest to this, we
13 were trying to get PennDOT to give us an okay to 940.
14 MR. KEENER: Yeah, that wouldn't work.
15 John --
16 MR. GEORGE PODOLEK: I don't know.
17 PennDOT never did hold a public meeting on it. I still
18 don't understand the problem.
19 MR. KEENER: Well, it's limited access
20 from --
21 MR. GEORGE PODOLEK: Yeah, but the
22 letter I got, because I had correspondence with --
23 Mr. Kerrick, correct me if I pronounce
24 his name incorrectly, Amar Bhajandas.
25 MR. KERRICK: Correct, but you're --
35
1 it's not PennDOT, it's federal. It's limited access from
2 380 to 314.
3 MR. GEORGE PODOLEK: Yeah, but --
4 MR. KEENER: It's not PennDOT.
5 MR. GEORGE PODOLEK: Yeah, but the --
6 MR. KERRICK: That's why we couldn't
7 do anything.
8 MR. GEORGE PODOLEK: The letter that
9 he sent me was, they said the reason they don't want to do
10 it is to keep the beautification, for lack of a better
11 word, of the area; but yet you go down 33, it looks a zoo
12 down there. I mean -- you know, and there was never a
13 public hearing held on it, it was just correspondence.
14 MR. ARMSTRONG: Public hearing held on
15 what?
16 MR. GEORGE PODOLEK: Getting the road
17 out through 940. In other words, you know where the
18 bowling alley is?
19 MR. KERRICK: There was no reason to
20 have a public hearing. We were denied. The only thing
21 that they could put there was an emergency access for the
22 fire company, could have gone there.
23 MR. GEORGE PODOLEK: And they didn't
24 do that either.
25 MR. ARMSTRONG: Okay. Well, we're
36
1 getting a little bit away from --
2 MR. KERRICK: We're getting off track
3 here.
4 MR. KEENER: He pointed out the --
5 about 84 Lumber, and that's why I pointed out what we
6 tried to do with 84 Lumber, was get it out to 940.
7 MR. ARMSTRONG: Okay. Are there any
8 other comments from the public at this time? Any other
9 comments from the board?
10 So from here, depending on how the
11 board wants to move forward, we have a number of suggested
12 revisions to the proposed comprehensive land use -- or
13 future land use map, all discussed on the record here
14 tonight and if the board wanted to continue to move --
15 move forward with this proposed map, it would be -- it
16 would be acceptable for the board to make a motion to that
17 effect, incorporating the suggested changes that were
18 discussed here tonight at the planning commission, in not
19 to move forward at the regional comp level with respect to
20 the county making those particular changes, as well as the
21 changes already shown on the proposed plan or map so that
22 the public hearing for that regional comp future use, land
23 use map plan can be held in the future not only at
24 Tobyhanna but also the neighboring municipalities.
25 MR. KEENER: To be honest with you, I
37
1 think we need to see a clean map before all the other
2 municipalities get a hand on it. I don't -- I mean, at
3 this point there's a lot of things that need to be
4 revised.
5 MR. MOYER: The latest one.
6 MR. KEENER: And I think we need to
7 concur with the latest revisions before we send them out
8 to all the municipalities to have their hearings.
9 MR. ARMSTRONG: Okay.
10 MR. KEENER: Because there -- if
11 there's stuff that's obvious that we need to clean up,
12 then we would have to relay that to all the other
13 municipalities. So I'd prefer to have something come back
14 here. If we could continue the hearing, I prefer to bring
15 a revised plan back here and then take action and forward
16 it on to the county and the other municipalities for
17 review.
18 MR. ARMSTRONG: Okay.
19 MS. PICKARD: When do we want to
20 continue that to? Do you think we have enough time for
21 next month?
22 MR. KERRICK: Next month? See how
23 close we get.
24 MR. ARMSTRONG: Mr. Kerrick -- or
25 Mr. Keener, so you want -- you want the -- because
38
1 currently there's a map that Tobyhanna Township has put
2 together, but there's also a map from the regional comp
3 plan with either the County of Monroe or the planner that
4 was engaged for that purpose.
5 Is your motion going to be to get that
6 regional comp plan from either the county or the planner
7 at this point and have those revisions made and look at
8 those revisions on that regional comp plan map? Or is it
9 to continue making these --
10 MR. KEENER: I want to see this
11 updated, so --
12 MR. ARMSTRONG: Okay.
13 MR. KEENER: So if the county gets
14 hold of it and can print out our portion of it, so be it;
15 but I want to see something that shows the -- the
16 properties within Tobyhanna Township accurately depicted
17 as far as future land use.
18 MR. ARMSTRONG: Okay.
19 MR. KEENER: Again, it doesn't matter
20 if it's this map or it doesn't matter if it's an excerpt
21 from the overall map. To me, I just want to see the
22 revisions made on the map. And if the county -- I mean,
23 if the county has the map, which I don't know why they
24 wouldn't, other than -- do the municipalities contract
25 directly with the consultant? And was the map a
39
1 deliverable --
2 MS. PICKARD: I can't answer that.
3 MR. KEENER: All right. That's
4 something we need --
5 MR. KERRICK: Tunk was the lead on
6 that, so --
7 MS. PICKARD: Tunk was the lead so you
8 have to check with Maureen. She wasn't there when we
9 finished up, so I don't know whether they were given
10 electronically to them or if we have to go back and visit
11 some stuff.
12 MR. KEENER: That's what we need to
13 do, somehow get a hold of the electronic map.
14 MR. ARMSTRONG: I don't necessarily
15 know if there's a reason to continue the hearing for
16 tonight. At the of the day, when you get these revisions
17 and you look at them and you're ready to move forward at
18 the county and neighboring municipality level to adopt it
19 and hold another public hearing, you're going to have
20 another public hearing. And you can do that by motion at
21 whichever meeting it is that you get this revised map.
22 If you want to continue the hearing
23 you can. I don't necessarily see a reason to do that
24 because you're going to need to have a public hearing to
25 adopt the actual regional comprehensive plan future land
40
1 use map.
2 MR. KEENER: So what's the purpose of
3 this hearing?
4 MR. ARMSTRONG: This hearing was to
5 move forward with the authority to, you know --
6 MR. KEENER: Make the revisions. We
7 didn't need to have a hearing for that.
8 MR. ARMSTRONG: Well, we needed to put
9 the neighboring municipalities on notice.
10 MR. KEENER: Okay.
11 MR. KERRICK: I think in our work
12 session we thought it was a pretty much done deal and the
13 planning commission went through it again, which has some
14 good changes.
15 MR. KEENER: Right. So -- and I think
16 we also talked to the same thing at our work session, that
17 we needed to get a copy of the digital file and get the
18 map updated.
19 MR. KERRICK: I think we're in the
20 process of trying to do that.
21 MR. KEENER: Right, but I don't want
22 to send something off to three other municipalities for a
23 public hearing that we haven't reviewed and concurred with
24 the revisions on.
25 MR. KERRICK: We'll do our best to
41
1 have it at the next meeting.
2 MR. KEENER: That's fine.
3 MR. KERRICK: The question is, do we
4 need to keep the hearing open?
5 MR. KEENER: I don't know. I don't
6 know what the purpose -- what are we going to do if we
7 close the hearing? I mean, we -- there's no action really
8 to be taken.
9 MR. ARMSTRONG: No. There is no
10 action. Well, I mean, you can close the hearing. You're
11 not going to -- you're not going to adopt the resolution
12 because pursuant to my discussions with the county,
13 there's going to be, there's going to need to be and --
14 the actual -- the issue is it's a regional comp plan.
15 MR. KEENER: Right.
16 MR. ARMSTRONG: And we can't do
17 anything unilaterally without the other municipalities
18 that are members of the plan. So at that point in time,
19 when we're ready with our map to forward it on to the
20 neighboring municipalities, that's when another public --
21 that's when the public hearing to adopt the actual revised
22 map is going to take place.
23 MR. KEENER: Okay.
24 MS. PICKARD: So that's going to be
25 the full map of the four municipalities?
42
1 MR. KEENER: The regional. It would
2 be the regional map.
3 MR. KERRICK: The regional.
4 MR. ARMSTRONG: It will be a regional
5 map.
6 MR. KEENER: Right.
7 MR. ARMSTRONG: It won't be just
8 Tobyhanna Township. It will be a regional map
9 including --
10 MR. MOYER: Mount Pocono.
11 MR. ARMSTRONG: -- other
12 municipalities.
13 MR. MOYER: Right.
14 MR. ARMSTRONG: The county's aware of
15 this situation and they're actually in the process -- I
16 talked with them after the work session -- to see if they
17 can get their hands on that soft version of the actual
18 regional comp future land use map.
19 MR. MOYER: With the revisions on it?
20 With the changes on there?
21 MR. KEENER: Well, they don't know
22 what the revisions are yet.
23 MR. ARMSTRONG: They actually -- they
24 were notified as well --
25 MR. MOYER: Yeah.
43
1 MR. ARMSTRONG: -- of the public
2 hearing, but, no, not with the revisions.
3 MR. KEENER: Right. There are no
4 specific revisions.
5 MR. ARMSTRONG: They're going to wait
6 for a motion from this board to move forward with those
7 revisions.
8 MS. PICKARD: And also we received the
9 comments from the county the day after our work session.
10 MR. KEENER: Okay.
11 MS. PICKARD: That's in the packet.
12 MR. ARMSTRONG: So seeing how you're
13 going to have to have a public hearing for that regional
14 future land use map, I don't see -- unless there's a
15 reason that you would prefer to keep this open and
16 continue it, you can --
17 MR. KEENER: I thought it was going to
18 be one in the same, but if we can close this one and just
19 open another hearing, that's fine. We're just going have
20 to readvertise for -- I mean, what was the purpose of this
21 advertisement? Was it just to look at the Tobyhanna
22 Township --
23 MR. ARMSTRONG: Tobyhanna Township
24 alone.
25 MR. KEENER: Okay. Then we need to
44
1 close the hearing and get back to --
2 MR. ARMSTRONG: Right.
3 MR. KEENER: I make a motion we close
4 the hearing.
5 MR. KERRICK: Motion on the floor. Do
6 we have a second?
7 MS. PICKARD: Second.
8 MR. KERRICK: Motion and second.
9 Questions or comments from the board?
10 Questions or comments from the public
11 on the motion?
12 Call the vote. Jamie?
13 MR. KEENER: I vote in favor.
14 MR. KERRICK: Anne?
15 MS. LAMBERTON: I vote in favor.
16 MR. KERRICK: Donny?
17 MR. MOYER: 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 closed -- or motion carried.
22 Pat, do you want to continue with the
23 other solicitor item?
24 MR. ARMSTRONG: Yeah. The other thing
25 under my agenda or under my report is Panther Waste
45
1 Systems landlord consent and waiver of lien. Currently
2 the township's recycling or -- I'm sorry. Yeah, recycling
3 location, you have contracted with Panther Waste Systems
4 to haul that recycling material out, if I understand
5 correctly, and previously they forwarded a consent form
6 for the township to execute because the Panther Waste
7 Systems is applying for a loan and it's, you know, a
8 banking requirement for, if they lend the appropriate
9 amount of money.
10 I discussed it with M&T Bank. They
11 made some revisions and this is just the consent form
12 basically allowing the township -- or not the township,
13 the bank to enter upon the property and collect any
14 property of Panther Waste Systems in the event of a
15 default in the loan.
16 Obviously in there I have them
17 included notifying -- requirement to notify the township
18 if and when they do that. They can't touch any of the
19 township's property in that event.
20 MR. KERRICK: So you're happy with
21 your review and your changes with M&T?
22 MR. ARMSTRONG: Yeah.
23 MR. KERRICK: You recommend approval?
24 MR. ARMSTRONG: Yeah. That's --
25 MS. PICKARD: And they cannot --
46
1 MR. ARMSTRONG: As amended.
2 MS. PICKARD: They will not assume the
3 lease in this revision?
4 MR. ARMSTRONG: They will -- if they
5 do have to take possession, they will be in there for 90
6 days to remove any property that they have the right to
7 remove.
8 MR. MOYER: Our stuff is clearly
9 marked.
10 MR. ARMSTRONG: Well, they have to
11 notify us before they enter and they also have to notify
12 us before they remove anything.
13 MS. PICKARD: I make a motion we
14 approve the landlord's consent and waiver of lien
15 referencing the Sullivan Trail Road, Panther Waste
16 Systems, LLC.
17 MR. MOYER: Second.
18 MR. KERRICK: Okay. Motion and
19 second.
20 Questions or comments from the board?
21 Questions from the public on the
22 motion?
23 Call the vote. Jamie?
24 MR. KEENER: I vote in favor.
25 MR. KERRICK: Anne?
47
1 MS. LAMBERTON: I vote in favor.
2 MR. KERRICK: Donny?
3 MR. MOYER: I vote in favor.
4 MR. KERRICK: Heidi?
5 MS. PICKARD: I vote in favor.
6 MR. KERRICK: I'll vote in favor.
7 Motion carried.
8 Do you have anything else, Pat?
9 MR. ARMSTRONG: The one other thing I
10 have is the planning commission took action on the
11 Glorious Church and Wee-Wons, making recommendations for
12 denial based upon the latest township engineer's review
13 letter, as well as the dormant activity. There has been
14 no activity on this plan for a substantial amount of time.
15 The only thing you need to be
16 concerned of tonight is the Glorious Church conditional
17 use application, which was one of those plans that were
18 taking -- that was taken action by the -- at the planning
19 commission meeting, and based upon the latest time
20 extension on this particular conditional use application,
21 which dates back to October of 2006, it kind of shows you
22 how long it's been sitting there, now you need to schedule
23 the hearing for the conditional use and given the time in
24 that time extension, it will have to be advertised for
25 your work session meeting.
48
1 Now, what I'm going to do is, I'll be
2 contacting the applicant's attorney. Actually I spoke
3 with him today. He's checking with his client to see if
4 they want to move forward with the plan or if they want to
5 just, you know, submit something to see if it's acceptable
6 to the township and continue to hold this, and basically
7 hold it for a certain amount of time so we don't waste
8 anyone's time with respect to the hearing next month; but
9 at this point it would be prudent for you to authorize and
10 schedule that hearing for the work session.
11 MS. PICKARD: Was I correct, we're
12 denying the plan but then --
13 MR. ARMSTRONG: You're not denying
14 anything tonight.
15 MS. PICKARD: Okay.
16 MR. ARMSTRONG: This is just -- you
17 need to schedule the conditional use hearing because the
18 Glorious Church land development plan is concurrent with
19 their conditional use application.
20 MR. KERRICK: Do we need a motion for
21 that or can we just authorize you to --
22 MR. ARMSTRONG: You can authorize me
23 to schedule it.
24 MR. KERRICK: What's the board's
25 pleasure?
49
1 MR. KEENER: Second.
2 MR. MOYER: I second it.
3 MR. KERRICK: Do we have to do
4 anything on Wee-Wons or --
5 MR. ARMSTRONG: Not tonight, no.
6 MR. KERRICK: Perfect. Are you
7 finished with your report?
8 MR. ARMSTRONG: The only other thing
9 was the uses to go to appeal, but we can talk about that
10 later in the agenda if you'd like.
11 MR. KERRICK: Okay.
12 MR. ARMSTRONG: And that's all I have
13 for my report.
14 MR. KERRICK: Next on our agenda, new
15 business. Consider acknowledging the fiscal year 2010
16 minimum municipal obligation to the Township of Tobyhanna
17 nonuniformed employees pension plan.
18 Do you have a report on that, Heidi?
19 Do we have to take action on it?
20 MS. PICKARD: Just to make
21 announcement, the amount of the minimum municipal
22 obligation for 2010 is $48,906.53.
23 MR. KERRICK: No further action
24 needed?
25 MS. PICKARD: No.
50
1 MR. KERRICK: Next item on our agenda,
2 Kush and Sunny preliminary land development plan.
3 MR. CHRISTOPHER McDERMOTT: Hi. Chris
4 McDermott from Riley Associates here on behalf of the
5 applicant Kush and Sunny. I apologize, but the -- I've
6 been spoiled at the planning commission. I thought
7 Phyllis would be here with her projector, so I didn't
8 bring big plans to put up. I can -- if you want, I can
9 tape them right onto that. Is that okay?
10 MR. KERRICK: Sure, you need help?
11 Okay?
12 MR. CHRISTOPHER McDERMOTT: Yeah.
13 Most of the members of the board are familiar with this
14 project. I'll review it briefly just to bring you up to
15 date. I don't know if this plan has been formally before
16 the board. We have been at the planning commission for
17 quite some time. This project is located at the corner of
18 940 and Hemlock Drive. This is directly across from where
19 the Moose Crossing you store-it facility is.
20 The property itself is approximately
21 four acres. It is composed of two parcels that are under
22 1-D. So as part of this plan we will be consolidating
23 those two parcels. The development we're proposing is a
24 23,160 foot -- square foot building in which it will house
25 a bank and offices, and this will be a two-story structure
51
1 with a mezzanine area to provide for a drive-thru for the
2 bank.
3 The access to the property will be
4 from State Route 940. There is a proposed emergency
5 access only on Hemlock. This -- this Hemlock Street
6 access has been an issue of great debate through the
7 planning process and we -- we morphed from having no
8 access to having full access, to just one way access and
9 at the very end we agreed to just make this just an
10 emergency access. It will have a locked gate on it.
11 The -- we'll be providing parking for 82 vehicles. That's
12 slightly in excess of the requirement. Only 78 are
13 required.
14 Storm -- storm water will take place.
15 Storm water controls will be on-site adjacent to a wetland
16 area, which is to the left side of this plan sheet. At
17 the request of the township, we did go to the Army Corps
18 of Engineers and we obtained a preliminary JD to confirm
19 the boundary of the wetland as best as we can and as the
20 Army Corps will acknowledge.
21 The project will be served by on-site
22 water, on-site well. Sewage will be provided by a
23 connection to a municipal sewage collection system. There
24 is a pressure line located on Hemlock Drive, which we will
25 connect to. We will have to obtain an easement from
52
1 S.I.D.E. Corp just to make the physical connection. We
2 will be required to get a PennDOT highway occupancy permit
3 for the entrance onto 940. We can talk about that a
4 little but more as we review Bob's letter.
5 We were before the -- last before the
6 planning commission in June. At that time we received a
7 conditional recommendation for approval, but those
8 conditions were addressing Bob's letter of June 3, which
9 he outlined five waiver requests which are -- which are on
10 the plan, as well as some engineering items and some
11 outside agency approvals. And I can go through and just
12 recap some items that may be of import, worth discussing
13 at this meeting. I think most of them we have.
14 Most of the others have been addressed
15 to Bob's satisfaction. He did receive our resubmission
16 plans late last month and he -- I don't know whether he's
17 had the time -- had enough time to complete that review,
18 but there were only minor issues regarding details for
19 sewage connection that he had questions about.
20 First, let me just review the waiver
21 request. There are five waivers, which had been noted as
22 four items on the cover sheet. These waiver requests have
23 to do with denoting items such as streets, buildings and
24 physical elements that are within 500 feet of the site.
25 We'd ask for a waiver not to have to map every one of
53
1 those.
2 There's a waiver request asking not to
3 provide vertical profiles for all the open channels. We
4 had some swails that are rather level. I guess Bob was in
5 favor of that, and there was another waiver request
6 regarding minimum pipe size. We have some storm sewer
7 pipe that is 12 inches in diameter. The minimum
8 requirement is 18. Bob has reviewed that. The planning
9 commission did give a favorable recommendation for all
10 these waiver requests at their meeting.
11 Outside agency approvals. The only
12 remaining outside agency approval is PennDOT. We have
13 submitted HOP plans to PennDOT. Those plans depict a low
14 volume entrance onto 940, painting an introduction of a
15 center shared left-hand turn lane on 940. And this lane
16 would extend roughly from the area just in front of the
17 WaWa where the left-hand turn lane starts to develop.
18 Just beyond that we would start to develop this shared
19 center left-hand turn lane and that would extend all the
20 way through the frontage of this property, through the
21 Hemlock Drive, Kimberly Lane intersection and then begin
22 to taper down to the normal two lane section just beyond
23 the entrance to the Palmerton Bank.
24 As part of this, the developer would
25 be required to upgrade the shoulders of 940. This
54
1 improvement can be pretty much done within the pavement
2 area of 940, but the shoulders themselves will have to be
3 cored out and then constructed to the current PennDOT
4 standard for a full blown road. So he will have to do a
5 significant amount of road work in order to complete this
6 improvement.
7 Now, the HOP plan has been submitted
8 to PennDOT along with the traffic impact study. The
9 township transportation engineer has reviewed the traffic
10 impact study, provided some comments back in June. We
11 have addressed those comments as part of our submission to
12 PennDOT. PennDOT has reviewed our TIS and our HOP
13 application and they've recently provided their long list
14 of what I call their Chinese menu of comments.
15 So we have many comments to address
16 and we think that we should have no problem addressing
17 those; however, there was one of great significance which
18 I just want to bring to your attention where PennDOT
19 requested that the driveway entrance be moved
20 approximately 45 feet toward the WaWa side of the
21 development. Why they made this request is slightly
22 confusing me because we've proposed the driveway
23 immediately across from the Moose Crossings' driveway. If
24 we were to move this, number one, we're going to be
25 limited by the wetlands. We'll probably only be able to
55
1 move it 30 feet and we create a skewed intersection, which
2 I think could only be more dangerous.
3 So I've been -- I did e-mail PennDOT
4 to ask for some clarification on that and I left several
5 messages today and I've been told that they will call and
6 speak to me tomorrow. But as of this time I do not
7 foresee moving this driveway. I don't think that it would
8 be a wise or prudent thing to do and the only reason I
9 could think they would want that is, if there is
10 left-hand turn lane developed to go into Kimberly Drive.
11 And if that were the case, then you'd
12 have to do the same on -- the same for the eastbound -- or
13 westbound movement to turn left into Hemlock Drive and the
14 residents of Old Farms Estates specifically asked that
15 not -- that not happen and we specifically discussed this
16 preapplication meeting with PennDOT and that is where we
17 all came to the idea to do the center left-hand turn --
18 shared center left-hand turn lane. And so I think that we
19 can work through that issue with -- with PennDOT.
20 Other than that, there are -- a storm
21 water management agreement, which my client's attorney has
22 been in contact with Patrick and they have been working
23 out -- and I think you have the preliminary drafts in
24 front of --
25 MR. ARMSTRONG: Yeah. I forwarded it
56
1 to the --
2 MR. CHRISTOPER McDERMOTT: -- client
3 --
4 MR. ARMSTRONG: -- applicant's
5 attorney probably two weeks ago or so and I haven't heard
6 back, so I'm taking that as there's no significant issues,
7 so -- to be resolved.
8 MR. CHRISTOPHER McDERMOTT: Sewer
9 items have been taken care of. We've spoken about the
10 waivers. Just -- oh, in regard to the traffic impact
11 study, just let me recap for the board's benefit. The
12 study specifically looked at the intersection of Hemlock,
13 Kimberly and 940; the development driveway and 940 and the
14 intersection of 115 and 940. And what the study found was
15 that the levels of service in all the intersections would
16 not be degraded.
17 There were some individual movements
18 that saw slight increases in delays. Those delays were,
19 for the most part, about four seconds in the worst --
20 worst -- worst conditions, so they were very minimal;
21 therefore mitigation beyond what we're showing shouldn't
22 be required. Matter of fact, we're not doing mitigation.
23 What we're doing is providing this for the left-hand turn
24 movements.
25 With that, that -- I don't believe
57
1 Bob's letter had anything of great significance that
2 warrants further attention here. What I'd like to ask
3 tonight is if the board could take action on the
4 preliminary plan conditioned upon receipt of the PennDOT
5 HOP, the storm water management agreement being completed;
6 we do have to obtain an easement with S.I.D.E. Corp, just
7 for the sewer connection, and --
8 MR. ARMSTRONG: And the use of -- and
9 the use of the road for that emergency access.
10 MR. CHRISTOPHER McDERMOTT: Yeah. Do
11 we need -- do we need permission for the use? I'm asking
12 Mark because he's with S.I.D.E. Corp.
13 MR. ARMSTRONG: Yeah.
14 MR. MARK SINCAVAGE: (Mr. Sincavage
15 nodded his head.)
16 MR. CHRISTOPHER McDERMOTT: We can do
17 that, yeah. And, of course, the -- the -- I ask you to
18 take favorable action -- action on the modification
19 request.
20 MR. KERRICK: What was their reasoning
21 for moving the entrance? Or did you -- did you --
22 MR. CHRISTOPHER McDERMOTT: That's
23 really what I'm asking them, what was their reason. The
24 only thing I can -- the only reason I can possibly think
25 of is that they're asking for a left-hand turn lane to be
58
1 provided into Kimberly, and that a bay be developed, which
2 would extend in front of the property and would almost
3 extend in front of the Moose Crossings. I really don't
4 feel that it's a -- a prudent thing to do and that's what
5 I want to discuss with PennDOT.
6 I think the left-hand -- shared center
7 left-hand turn lane provides a benefit to -- to all the
8 businesses in the area, to -- not only to Kush and Sunny,
9 but to the Dunkin Donuts, to the Ames Plaza across the
10 street, to -- or I call it the Ames Plaza. It's the old
11 Ames.
12 MR. MOYER: Dollar Store.
13 MR. CHRISTOPHER McDERMOTT: Moose
14 Crossing. And also to Hemlock, Kimberly and Palmerton.
15 So rather than just do this to the benefit of this
16 applicant, I think that configuration benefits many
17 others.
18 MR. KEENER: Talk about striping the
19 shared left-turn lane and you say that can be done within
20 the existing pavement cross section?
21 MR. CHRISTOPHER McDERMOTT: Yes.
22 MR. KEENER: That would make us lose
23 half of the shoulder on each side of the road?
24 MR. CHRISTOPHER McDERMOTT: That
25 portion of the shoulder would be used. It'd be slight --
59
1 what we go from, it's a six foot shoulder to four foot
2 shoulders. So you would still have a shoulder, but they
3 would be smaller. And right now --
4 MR. KEENER: What's the size of the
5 center of the shared left turning lane?
6 MR. CHRISTOPHER McDERMOTT: I believe
7 it's --
8 MR. KEENER: Ten foot?
9 MR. CHRISTOPHER McDERMOTT: I think
10 maybe 11. I'd have to look at the plan.
11 MR. KEENER: So if they're existing
12 six foot shoulders on either side --
13 MR. CHRISTOPHER McDERMOTT: I think
14 they're eight.
15 MR. KEENER: That's what I thought,
16 they were eight. And that compares favorably with the
17 section in front of Dunkin Donuts and WaWa then, as far as
18 shoulder widths and the center left turning lane?
19 MR. CHRISTOPHER McDERMOTT: Yeah.
20 Really what you're -- the shoulders right now are utilized
21 by people who want to get by somebody on the left so we're
22 formalizing what's already there, but having to
23 reconstruct the shoulders to do it, which is a significant
24 undertaking. That's -- that's for approximately 1200
25 feet, so this will not be an inexpensive item.
60
1 MR. MOYER: That's a big move, five
2 feet.
3 MR. KEENER: What kind of office? Is
4 it just a general office at this point?
5 MR. CHRISTOPHER McDERMOTT: Yes.
6 MR. KEENER: And what is it, a three
7 bay drive-thru?.
8 MR. CHRISTOPHER McDERMOTT: Yes.
9 We're also providing tanks for storm water -- or not storm
10 water, fire water. There's three 12,000 gallon tanks.
11 MR. KEENER: John, with all these
12 tanks that these people are being required to put in, we
13 could probably put in public water in places.
14 MR. CHARLES HANNIG: It's coming.
15 MR. KEENER: Do you have any extra?
16 MR. CHRISTOPHER McDERMOTT: I know
17 there's been discussions in other townships with this
18 that -- to try to centralize some of these tanks so that
19 they're -- they just don't benefit one property, but
20 like -- like for instance, if you were to put this in an
21 area where any of other the other existing buildings could
22 tap into it.
23 MR. KEENER: We have a pond right up
24 the road that has a dry hydrant, which --
25 MR. CHRISTOPHER McDERMOTT: There's a
61
1 pond -- there's a pond directly across the street from
2 this one, right down behind --
3 MR. KEENER: Yeah, that's --
4 MR. CHRISTOPHER McDERMOTT: -- the old
5 Ames Plaza. Storm water gets pumped.
6 MR. MOYER: Oh, yeah, yeah, yeah.
7 MR. KEENER: And this is just
8 preliminary?
9 MR. CHRISTOPHER McDERMOTT: This is a
10 preliminary plan, yes.
11 MR. KEENER: When do you plan on
12 coming back with the final?
13 MR. CHRISTOPHER McDERMOTT: As soon as
14 my client tells me to.
15 MR. KEENER: Was there a reason you
16 couldn't come back -- come in with preliminary final --
17 MR. CHRISTOPHER McDERMOTT: I --
18 MR. KEENER: -- process?
19 MR. CHRISTOPHER McDERMOTT: We
20 discussed doing that at one point, but we decided to stay
21 with the preliminary to move forward.
22 MR. KERRICK: What's the board's
23 pleasure? Anyone?
24 MR. ARMSTRONG: If the -- if the board
25 were to consider taking action on this tonight with
62
1 respect to the preliminary plan application, just looking
2 at my notes, it would be conditional upon the applicant
3 complying with the requirements and comments set forth in
4 the June 3, 2009 township engineer review letter, as well
5 as the applicant providing the acceptable confirmation
6 that the applicant has the right to use Hemlock Road not
7 only for the emergency access but also for the sewer
8 access. Further conditional upon the applicant providing
9 the deed consolidating the two lots wherein the land
10 development is proposed, as well as conditional upon --
11 MR. CHRISTOPHER McDERMOTT: Could we
12 ask that be done in final? I believe -- I thought that
13 was the final plan item, consolidation.
14 MR. ARMSTRONG: Right.
15 MR. CHRISTOPHER McDERMOTT: So --
16 MR. ARMSTRONG: At the time of final
17 plan application or approval. And further, that the
18 applicant will comply with any and all PennDOT
19 requirements and in the event that the access is moved,
20 that the board of supervisors review any changes with
21 respect to the plan at the time of final plan application
22 or approval; and further, that the applicant address
23 and/or resolve any of the comments or issues outlined by
24 the township's traffic consultant. I believe it's L&V
25 Engineering. I believe the latest review letter I have
63
1 from them is May 29, 2009.
2 And that any outstanding traffic --
3 MR. CHRISTOPHER McDERMOTT: We've --
4 MR. ARMSTRONG: -- impact items --
5 MR. CHRISTOPHER McDERMOTT: We've
6 provided the township with the latest TIS, I don't know
7 whether that's been forward along or needs to be forwarded
8 along.
9 MR. ARMSTRONG: Any outstanding
10 traffic items at the point of final plan be resolved at
11 that time as well.
12 MR. KEENER: Five waivers identified?
13 MR. CHRISTOPHER McDERMOTT: They're on
14 the --
15 MR. ARMSTRONG: I have -- correct me
16 if I'm wrong, Chris, but I have SALDO Section 135-12.D(2),
17 SALDO Section 135-15.A(15), SALDO Sections 135-17 L&M and
18 SALDO Section 135-22.C(1).
19 MR. CHRISTOPHER McDERMOTT: Then there
20 was SALDO Section 124-86.B(17) and that was for the
21 open --
22 MR. ARMSTRONG: 124?
23 MR. CHRISTOPHER McDERMOTT: 124 hyphen
24 86 point capital B parentheses 17. And that was for the
25 vertical profile of the open channels.
64
1 MS. PICKARD: So there's storm water?
2 It's not SALDO?
3 MR. MOYER: Yeah.
4 MR. ARMSTRONG: Yeah. Chapter 124 is
5 not SALDO.
6 MR. MOYER: Yeah. Right.
7 MR. KEENER: I make a motion we
8 approve the Kush and Sunny, LLC, preliminary land
9 development plan, Project No. 2008-012 subject to our
10 solicitor's stated conditions and the waivers as noted on
11 the plan.
12 MS. LAMBERTON: I second it.
13 MS. PICKARD: I just have one comment,
14 that would also be compliant with Veritas' comments on the
15 fire, their letter dated April 18, 2009.
16 MR. KEENER: Agreed.
17 MS. PICKARD: You okay with that?
18 MS. LAMBERTON: Yes.
19 MR. KERRICK: Motion and second on the
20 floor.
21 Any other questions from the board?
22 Questions or comments from the public
23 on the motion?
24 Call the vote. Jamie?
25 MR. KEENER: I vote in favor.
65
1 MR. KERRICK: Anne?
2 MS. LAMBERTON: I vote in favor.
3 MR. KERRICK: Donny?
4 MR. MOYER: I vote in favor.
5 MR. KERRICK: Heidi?
6 MS. PICKARD: I vote in favor.
7 MR. KERRICK: I'll vote in favor.
8 Motion carried.
9 Thank you.
10 MR. CHRISTOPHER McDERMOTT: Thank you
11 for your consideration.
12 MR. KERRICK: I have a motion from the
13 board to table John McElroy's prefinal land development
14 plan.
15 MS. PICKARD: I think our time waiver
16 is good through October? Till our October meeting?
17 MR. ARMSTRONG: For McElroy?
18 MS. PICKARD: McElroy, yeah.
19 Do we have a motion? I'll second it.
20 MR. KERRICK: Donny, you made the
21 motion to table?
22 You seconded?
23 Any questions or comments?
24 Questions or comments from the public
25 on the motion?
66
1 Call the vote. Jamie?
2 MR. KEENER: I abstain.
3 MR. KERRICK: Anne?
4 MS. LAMBERTON: I vote in favor.
5 MR. KERRICK: Donny?
6 MR. MOYER: 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 Next item, Wilkes-Barre/Eastern Rails
12 to Trails project letter of support to Pennsylvania --
13 MR. KEENER: Yeah. We had talked
14 about this project. Pennsylvania Environmental Council
15 has put together an application and submitted it to DCNR
16 for a feasibility study to look at the Wilkes-Barre and
17 Eastern Rail line for a rail trail project. I've put
18 together some draft letters to go to the municipalities
19 that I've been in contact with, some of our legislators,
20 and just looking for authorization to proceed with the
21 letter on Tobyhanna Township letterhead, to go to all the
22 affected municipalities in Monroe County recommending --
23 or asking for support of that grant application and draft
24 letter submitted to Pennsylvania Environmental Council
25 supporting it.
67
1 MR. KERRICK: Would you like to make a
2 motion?
3 MR. KEENER: I'll make that motion.
4 MR. KERRICK: Do we have a second?
5 MR. MOYER: Second.
6 MR. KERRICK: Motion and second.
7 Questions from or comments from the
8 board?
9 Questions from the public on the
10 motion?
11 Call the vote?
12 MR. KEENER: I vote in favor.
13 MR. KERRICK: Anne?
14 MS. LAMBERTON: I vote in favor.
15 MR. KERRICK: Donny?
16 MR. MOYER: I vote in favor.
17 MR. KERRICK: Heidi?
18 MS. PICKARD: I vote in favor.
19 MR. KERRICK: I'll vote in favor.
20 Motion carried.
21 Next item, Keswick Pointe model home
22 sales office review.
23 Mr. Hannig?
24 MR. CHARLES HANNIG: Good evening.
25 I'm before you tonight for two items, the first being a
68
1 request for a recommendation to the zoning hearing board
2 for a special exception for model home and sales office
3 complex. By way of background -- are you alive here?
4 MR. MARK SINCAVAGE: Um-hum.
5 MR. CHARLES HANNIG: Oh, okay. Great.
6 We'd come to the workshop session, as
7 you recall, and we discussed this matter, as well as the
8 town house issue. We revised our application for this
9 special exception and resubmitted and went before the
10 planning commission and reviewed these items with them on
11 the 10th and tonight we're here to review those items with
12 you.
13 Visuals that we have here, I'll see if
14 I could -- this is coming in off of 115, the entrance to
15 the development, the treatment plan. And across the way
16 here, this is a corner lot, Lot 19. That is the lot that
17 we are submitting for consideration for our single family
18 residential product model, which will be also a sales
19 office in a sense that we will convert the garage area for
20 that administrative purpose.
21 We located here because, you know,
22 it's a desirable lot and you enter the entranceway here,
23 you'll be able to visually see it. And additionally as we
24 mature across the way, if any of you have been into the
25 project, this area is already stoned and it's where we're
69
1 currently storing pipe and valves and other things for
2 putting in our infrastructure. That's really the base for
3 the amenity parking lot that we put there for the school
4 bus turnaround and mailbox complex. So we felt if we did
5 have extra parking requirements it would be right across
6 the street.
7 It's our intent to really just use the
8 parking that's in front of the residence here and it'll be
9 a side door, like a service door to the garage, that will
10 be where you will be greeted, and then we may or may not
11 conduct taking people outside and back in the front door
12 to demonstrate the project. We go all the way down --
13 right now we'd have to go down this way on Lexington and
14 around and then back up to get to this complex. This is
15 where we're currently putting up the water tower. The
16 foundation is in. I was supposed to get a call today that
17 the tower's being shipped, but I didn't receive it so any
18 day now that's going to be on its way.
19 There's a threeplex here, which worked
20 out real well for us as a place to demonstrate our town
21 house models and since our town homes are really going be
22 a either-or selection for people and a lifestyle, the town
23 houses are averaging close to 2400 square feet, so they're
24 not small town houses and they will give people the
25 opportunity to have residential size competitive with the
70
1 single family homes, which is the different lifestyle for
2 being its free environment or people who may travel
3 extensively, the exterior will be maintained while they're
4 away.
5 That's the orient where those two
6 things are happening and I've got an able body assisting
7 here. He's doing a great job. Projections, I remember
8 that was a coveted job back in grade school.
9 This is a layout of the corner lot,
10 we're demonstrating, the house sits there and the culvert
11 pipe and the swail that you see here and the setbacks are
12 all maintained. We're able to maintain -- pretty much all
13 of this as being wooded. There will be some cuts here in
14 the rear to give us a backyard and to accommodate some of
15 the things that we'll need -- do there, driveway with
16 alotted parking and we, of course, are demonstrating that
17 we will have sidewalk and landscaping, which is on another
18 -- all this has been restored along here already since
19 we've ran pipes down there. We're doing that now. Each
20 time we put a different utility in we have to re-restore,
21 but that was a compromise over putting the netting in and
22 propping it up each time we go through it. But we're --
23 that's all pretty well stabilized along there.
24 This is the same thing shown with some
25 landscaping. We're going to do a -- you know, a vignette
71
1 out here in the front and then take it in to some formal
2 lawn and around here there'll be landscaping that kind of
3 ties the house and some trees and bring the architecture
4 into frame. Same way on this end that will also encase
5 that small sidewalk that will take people into the garage
6 for the purpose of our sales and sample them.
7 The rear will be restored into a
8 certain portion of the lawn and the rest will be
9 maintained in its natural setting. We've been able to
10 maintain a buffer of trees along here. This was a grade
11 change because of the road where we have slope easements
12 and we are able to maintain a pretty good buffer here that
13 will be doubled with whatever's happened on the lot over
14 here. And we have a requirement under the ordinance and
15 our agreement to keep a certain percentage undisturbed, so
16 we think we're maintaining that here.
17 The next one, this is an idea of what
18 that model is going to look like. We're already making
19 modifications. We find this plan no longer meets the
20 standards of the current Pennsylvania building codes, that
21 all these lovely cottage windows that people like, you
22 can't do today unless you put safety plate glass in it,
23 because it's not high enough off the floor, and some of
24 those things, such as these arch windows, are adding quite
25 a premium, but I think we're gonna keep them. I'm going
72
1 to argue for them because I think it adds to the character
2 of the house. Squaring them up would probably save us a
3 couple thousand dollars on each unit, but the character, I
4 think, would be compromised.
5 This is about, I want to say, a 2800
6 square foot home as we're demonstrating. The thing, it's
7 better that -- I don't have it with me is the floor plan
8 itself. This was the winner of all our interior arm
9 wrestling contests to find the ultimate house floor plan
10 and everybody applied their lifestyle to it and that
11 muster, I guess, this is it. So we're very pleased with
12 the plan and it's got a lot of options to it that we can
13 also offer to the folks.
14 If we could jump to the next one
15 there. Now we're up to the town house. Just to orient
16 you again, we're coming up to the Keswick Drive here, or
17 if you're coming from Lexington over here you turn, as
18 you're just entering towards the town house area, this
19 will be the first complex you would see. You would be
20 looking up at the rear of those units and then you would
21 come up in here and we'll demonstrate these. And we have
22 three different plans and some of those have several
23 modifications to them. Some of our units will afford
24 people full basements, some will afford them full
25 basements with walkouts.
73
1 So we took three different plans and
2 we jockeyed them and changed some things, one of which is
3 like a master bedroom suite down, which is certainly a
4 product we want to have in our mix. And others are two
5 bedrooms, one has potential of three bedrooms and all of
6 them have different rooflines. And we tried to stagger
7 them so when you look at them it doesn't look like a
8 train. All the rooflines will vary in and out, give us
9 some nice cheeks on the side of the roof to apply siding
10 rather than just putting a trim border, things like that.
11 I don't have the architectural work complete enough to
12 show you what they'll look like, but maybe I'll bring that
13 in at another one of our visits. But this area will work
14 real well for that purpose.
15 And additionally it's close to our
16 water tank and the first hydrant out of the water tank, so
17 we need to get some fire flow there for protecting these
18 units, we'll certainly have it available. That tank, to
19 answer your question, is a little over 300,000 gallons and
20 we do have about 22,000 gallons of access. Just to let
21 you know what that means, that old tank, you recall, only
22 50,000 of what's in that tank is what we need for full
23 build-out domestic use. The other 250,000 gallons is what
24 it takes to deliver fire flow; so, you know, just to kind
25 of keep it in perspective. So when I say 22, 22 compares
74
1 to the 50. So it's almost enough to do another
2 development half the size, that we already have in
3 storage.
4 So, next slide, please.
5 MR. MARK SINCAVAGE: Yes, sir.
6 MR. CHARLES HANNIG: Okay. This one
7 we just again show the variation here of the footprints.
8 There's some wiggle waggle that is kind of subtle in here,
9 but if you look at this, we had to push this unit back and
10 therefore these driveways here are going to pick up --
11 they're going be 22 foot parking spaces instead of 20s.
12 But this gives us a little bit different approach to each
13 unit, gave us an opportunity to put some ornamental trees
14 that runs the frontage here and most of this here will be
15 restored, that's a slope easement down through there.
16 And there are things we're doing like
17 here, this is the one that pops out for the master bedroom
18 suite, and we're also going to have a fence structures on
19 certain -- on this one here I would probably put it over
20 here and I would put it over here, and that gives people
21 side to side privacy so you're not like looking at what
22 your neighbor's having for dinner and it's not close
23 enough that he can flip you a burger; so that's our
24 intent. But each of these have, because of the difference
25 in their length, as you can see there, this is going to
75
1 vary where the ridge lines are across these roofs and give
2 us a little bit more interest when you look at this as a
3 whole building and -- so I don't know -- I don't think
4 that's the last slide.
5 MR. MARK SINCAVAGE: Yes, sir.
6 MR. CHARLES HANNIG: So, this is what
7 we're asking for your support and recommendation so we can
8 go forward and schedule a zoning hearing board. The
9 planning commission has agreed to support what we've
10 demonstrated here. We'll make a similar motion.
11 MR. KEENER: I'll make a motion we
12 recommend the zoning hearing board approve the special
13 exception for the model home, both the residential and the
14 threeplex town house unit.
15 MR. KERRICK: Motion on the floor. Do
16 we have a second?
17 MS. LAMBERTON: I'll second.
18 MR. KERRICK: Motion and second.
19 Questions or comments from the board?
20 Questions from the public on the
21 motion?
22 Call the vote. Jamie?
23 MR. KEENER: I vote in favor.
24 MR. KERRICK: Anne?
25 MS. LAMBERTON: I vote in favor.
76
1 MR. KERRICK: Donny?
2 MR. MOYER: I vote in favor.
3 MR. KERRICK: Heidi?
4 MS. PICKARD: I vote in favor.
5 MR. KERRICK: I'll vote in favor.
6 Motion carried.
7 MR. CHARLES HANNIG: Thank you.
8 There's one other item, if I may cover it. This was
9 brought before the planning commission as well, and we
10 have determined at the beginning of development from 115
11 in, as we come up that gradient, the vertical profile that
12 we had there cannot be obtained because as we start to do
13 some probing to put in drains, we discovered that the
14 electrical line going to the treatment plant was not where
15 it was shown on the plan and it's a little closer to the
16 surface than it was supposed to be and it's all encased in
17 concrete.
18 We came back with some ideas we shared
19 with Bob on how to deal with the drainage. We've solved
20 that and then we had a way to change the linear curve and
21 Bob thought that it would be best that we do it with two
22 segments of a little different percentage, that would be a
23 smoother transition; but in order to accomplish that, it
24 requires us requesting of you a waiver, you know, in the
25 fact that there's a 300 foot distance required on
77
1 collector streets and it's our plan as we're proposing it,
2 to have two 100 foot length ones to make this transition
3 so they're shorter, but it helps to accomplish this. This
4 way we can maintain the cover over your utility that's
5 there and, quite frankly, if we did the other curve, we'd
6 probably also be taking some cover off of the main line
7 going -- coming from Blakeslee Corners cutting across the
8 treatment plant.
9 So by these two vertical curves, which
10 if we didn't (inaudible) plan so subtle, I don't think any
11 of us would ever know. Fact of the matter is, it's
12 holding up everything including the finishing of the
13 PennDOT work and the PennDOT permit because we have to tie
14 to the 115 improvements. It's also stopping us from
15 starting the work on the entranceway and all the other
16 things that are right at the front door, so we would ask
17 that you entertain -- this waiver was forwarded today and
18 it's formal. I don't know whether anybody got it to you.
19 I hope that they did.
20 MR. MOYER: So we're talking a hundred
21 foot difference?
22 MR. KEENER: You're reducing this --
23 MR. CHARLES HANNIG: There's a signed
24 copy --
25 MR. KEENER: Yeah. The vertical curve
78
1 length is 300 required and you're going to two 100 foot
2 sections. What's the ordinance reference? 135 -- all
3 right. I'll make a motion we approve the modification of
4 the vertical curve from a minimum of 300 feet to two 100
5 foot sections, that is SALDO Article 5, Section
6 135-21.B(8) as shown on --
7 MR. ARMSTRONG: 135?
8 MR. KEENER: 21.B(8), as shown on the
9 drawing sheet, No. 45 of the road profiles, latest
10 revision August 20, 2009.
11 MR. KERRICK: Motion on the floor. Do
12 we have a second?
13 MS. LAMBERTON: I'll second.
14 MR. KERRICK: Motion and seconded.
15 Questions or comments from the board?
16 Comments from the public or questions?
17 Call the vote. Jamie?
18 MR. KEENER: I vote in favor.
19 MR. KERRICK: Anne?
20 MS. LAMBERTON: I vote in favor.
21 MR. KERRICK: Donny?
22 MR. MOYER: I vote in favor.
23 MR. KERRICK: Heidi?
24 MS. PICKARD: I vote in favor.
25 MR. KERRICK: I'll vote in favor.
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1 Motion carried.
2 MR. CHARLES HANNIG: Thank you. This
3 was per Bob's language. He kind of, you know, helped
4 encase it, put me through it all, so I thank you for your
5 time.
6 MR. KERRICK: Thank you.
7 MS. PICKARD: Thank you.
8 MR. KERRICK: We don't have to have
9 that before the next meeting.
10 The next item on our agenda is winter
11 service agreement with PennDOT and the mileage on the last
12 page, for some reason, is reduced this year, so I have a
13 call in to Mr. (inaudible), see if we can resolve that.
14 So if it's all right, we'll table that till next meeting?
15 MR. MOYER: Absolutely.
16 MS. PICKARD: We have a motion to
17 table?
18 MR. KERRICK: Do we need a motion to
19 table that, Pat?
20 MR. ARMSTRONG: No, no.
21 MR. KERRICK: Next item, Congressman
22 Kanjorski I-80 Exit 284 reconstruction project letter of
23 support.
24 MR. KEENER: I make a motion we --
25 MR. KERRICK: You have anything you
80
1 want to add, Mark? S.I.D.E. Corporation?
2 MR. MARK SINCAVAGE: No. If he's
3 making a motion, I'm good.
4 MR. KEENER: I make a motion we
5 authorize the secretary to send Congressman Kanjorski a
6 letter in support of the I-80 Exit 284 reconstruction that
7 was identified in his list of projects for funding.
8 Certainly it would improve economic development
9 opportunities in the township and specifically the
10 entrance to Arcadia New Ventures Park.
11 MR. KERRICK: Motion on the floor. Do
12 we have a second?
13 MS. LAMBERTON: I'll second that.
14 MR. KERRICK: Motion and second.
15 Questions or comments?
16 Questions or comments from the public?
17 Call the vote. Jamie?
18 MR. KEENER: I vote in favor.
19 MR. KERRICK: Anne?
20 MS. LAMBERTON: I vote in favor.
21 MR. KERRICK: Donny?
22 MR. MOYER: I vote in favor.
23 MR. KERRICK: Heidi?
24 MS. PICKARD: I vote in favor.
25 MR. KERRICK: I'll vote in favor.
81
1 Motion carried.
2 Next item on our agenda, Resolution
3 No. 2009 dash 020, appropriations. There's a page in your
4 packet for appropriations. Do you want to go through
5 that, Heidi?
6 MS. PICKARD: There was just some
7 minor shuffling around in the general fund. There was an
8 increase in health insurance cost, a slight increase in
9 workers' comp and actually there's a reshuffling of
10 workers' comp into the appropriate categories. We were
11 putting some money in towards those road projects in
12 contingency.
13 We did -- we cancelled our community
14 celebration and we needed the building software money when
15 we came to that agreement so we're putting that into the
16 road projects. And we were reshuffling in liquid fuels to
17 indicate that we were putting that money towards the UPS
18 traffic signal and to roll over last year's liquid fuels
19 into our road project on Stoney Hollow.
20 MR. KERRICK: Motion to approve?
21 MS. PICKARD: I'll make a motion to
22 approve resolution No. 2009 dash twenty-two.
23 MR. KERRICK: I made it 20.
24 MS. PICKARD: Oh, 20. Sorry about
25 that.
82
1 MR. KERRICK: We didn't do the other
2 two.
3 Motion on the floor. Do we have a
4 second?
5 MR. MOYER: Second.
6 MR. KERRICK: Questions or comments
7 from the board?
8 Questions or comments from the public?
9 Call the vote.
10 Jamie?
11 MR. KEENER: I vote in favor.
12 MR. KERRICK: Anne?
13 MS. LAMBERTON: I vote in favor.
14 MR. KERRICK: Donny?
15 MR. MOYER: I vote in favor.
16 MR. KERRICK: Heidi?
17 MS. PICKARD: I vote in favor.
18 MR. KERRICK: Motion carried. Next
19 item on our agenda, intent to withdraw from Bureau Veritas
20 contract. I need a motion to authorize, I guess, Heidi,
21 you draft a lefter? If that's our --
22 MR. KEENER: So moved.
23 MR. KERRICK: Motion on the floor. Do
24 we have a second?
25 MR. MOYER: Second.
83
1 MR. KERRICK: Motion and second.
2 Questions or comments?
3 Questions or comments from the public
4 on the motion?
5 MR. MARK SINCAVAGE: Can you just
6 explain why that's occurring and if you're going to be
7 going with another firm within the county?
8 MR. KEENER: We're -- at this point
9 we've already taken action to notify the joint building
10 code committee that we were going to be withdrawing from
11 the joint building code committee. Bureau Veritas was
12 actually hired through Coolbaugh Township and we had an
13 intermunicipal agreement with Coolbaugh and we're just
14 acknowledging as part of that agreement that we are going
15 to be eliminating that service and going with our own
16 individual consultant or inspection company. We have not
17 yet decided who that will be. We are in the process of
18 interviewing firms. Bureau Veritas is one of those, but
19 we are going be doing our contracting directly instead of
20 through the joint committee.
21 MR. MOYER: It's not just Coolbaugh.
22 It was Mount Pocono.
23 MR. KEENER: Right, yeah, but
24 Coolbaugh was the one that had contracted directly with
25 Bureau Veritas and we were all intermunicipal -- tied with
84
1 the intermunicipal agreement.
2 MR. MARK SINCAVAGE: Thank you.
3 MR. KEENER: You're welcome.
4 MR. KERRICK: Any other questions?
5 Call the vote. Jamie?
6 MR. KEENER: I vote in favor.
7 MR. KERRICK: Anne?
8 MS. LAMBERTON: I vote in favor.
9 MR. KERRICK: Donny?
10 MR. MOYER: I vote in favor.
11 MR. KERRICK: Heidi?
12 MS. PICKARD: I vote in favor.
13 MR. KERRICK: I'll vote in favor.
14 Motion carried.
15 Next item on our agenda, Hanover
16 Engineering supplemental proposal architectural design to
17 renovate the existing stone building at the Austin T.
18 Blakeslee Park, in Blakeslee.
19 MS. PICKARD: This is an amendment to
20 the -- the engineering proposal that we had approved last
21 month and this is just including them to prepare the
22 bidding specs and to assist with the bidding process
23 including prebid meetings, review of bids and recommend
24 the lowest bidder and it is not to exceed $2,825. This
25 has already been approved by Tunkhannock Township
85
1 already.
2 MR. KEENER: I make a motion we
3 approve the proposal for Hanover Engineering for the
4 structural design to renovate the existing stone building
5 on a -- not to exceed price of $2,825. That's for the
6 document preparation and bid docs for bidding purposes.
7 MR. KERRICK: Motion on the floor. Do
8 we have a second?
9 MS. PICKARD: I'll second it.
10 MR. KERRICK: Motion and second.
11 Questions or comments from the board?
12 Questions from the public?
13 Call the vote. Jamie?
14 MR. KEENER: I vote in favor.
15 MR. KERRICK: Anne?
16 MS. LAMBERTON: I vote in favor.
17 MR. KERRICK: Donny?
18 MR. MOYER: I vote in favor.
19 MR. KERRICK: Heidi?
20 MS. PICKARD: I vote in favor.
21 MR. KERRICK: I'll vote in favor.
22 Motion carried.
23 You have anything else?
24 MR. ARMSTRONG: I have --
25 MR. KERRICK: Something on Veritas,
86
1 isn't it?
2 MR. MOYER: Yeah. Board of appeals.
3 MR. ARMSTRONG: Right, the UCC Joint
4 Board of Appeals. It's been my understanding that the
5 board is in favor of joining a joint UCC Board of Appeals
6 with other municipalities given the recent withdrawal from
7 the joint committee. I've been contacted by the solicitor
8 for Coolbaugh, as well as -- not Coolbaugh, from Paradise
9 Township, as well as Tunkhannock Township. I just wanted
10 to make sure that you're on board and if you are, to
11 authorize to discuss with them the joint UCC Board of
12 Appeals with them.
13 MR. MOYER: Okay.
14 MR. KEENER: I make a motion we
15 authorize our solicitor to discuss forming a joint board
16 of appeal with Tunkhannock Township, Paradise Township,
17 and any other municipality that might be interested in
18 participating.
19 MR. KERRICK: Motion. Do we have a
20 second?
21 MR. MOYER: Second.
22 MR. KERRICK: Motion and second.
23 Questions or comments from the board?
24 Questions from the public?
25 Call the vote. Jamie?
87
1 MR. KEENER: I vote in favor.
2 MR. KERRICK: Anne?
3 MS. LAMBERTON: I vote in favor.
4 MR. KERRICK: Donny?
5 MR. MOYER: I vote in favor.
6 MR. KERRICK: Heidi?
7 MS. PICKARD: I vote in favor.
8 MR. KERRICK: I'll vote in favor.
9 Motion carried.
10 You have anything else?
11 MR. ARMSTRONG: Not at this time.
12 MR. KERRICK: Anyone else from the
13 board have anything else?
14 Anyone from the public?
15 We're adjourned. Thank you.
16 (Meeting concluded at 8:42 p.m.)
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7 I hereby certify that the proceedings
8 and evidence are contained fully and accurately, to the
9 best of my ability, in the notes taken by me at the
10 meeting in the above matter; and that the foregoing is a
11 true and correct transcript of the same.
12
13 ________________________________
14 Jessica L. Holt, C.R.
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