Before
THE TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS
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In Re: Regular Business Meeting
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Tobyhanna Township Government Center
State Avenue
Pocono Pines, Pennsylvania
Monday, October 8, 2007, beginning at 7:00 p.m.
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PRESENT: JOHN E. KERRICK, Chairperson
HEIDI A. PICKARD, Vice Chairperson
JAMIE KEENER, Member
HUGH LAMBERTON, Member
ANNE SINCAVAGE, Member
ZACHARY COHEN, 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
2 welcome everyone here this evening. Call the
3 meeting to order with a pledge of allegiance.
4 (Pledge of allegiance was
5 recited.)
6 MR. KERRICK: First item I'd
7 like to announce, an executive session held
8 9/17/07 from three to five p.m. for litigation --
9 potential litigation.
10 Next item, consider the minutes
11 August 13, 2007, Natale/Crumb public hearing; and
12 August 13, '07, regular business meeting.
13 MS. PICKARD: I had a
14 correction to the August 13 regular business
15 meeting minutes on Page 10, Line 4 should read as
16 built, B-U-I-L-T-S, instead of as builds.
17 And with that corrected, I make
18 a motion we approve the August 13, 2007
19 Natale/Crumb public hearing and the August 13,
20 2007 regular business meeting with correction.
21 MS. SINCAVAGE: I second the
22 motion.
23 MR. KERRICK: Motion and second
24 on the floor with correction.
25 Any questions or comments from
3
1 the board?
2 Questions or comments from the
3 public on the motion?
4 Call the vote. Anne?
5 MS. SINCAVAGE: I vote in
6 favor.
7 MR. KERRICK: Jamie?
8 MR. KEENER: I vote in favor.
9 MR. KERRICK: Hugh?
10 MR. LAMBERTON: I vote in
11 favor.
12 MR. KERRICK: Heidi?
13 MS. PICKARD: I vote in favor.
14 MR. KERRICK: I vote in favor.
15 Motion carried.
16 Next on our agenda, consider
17 the treasurer's report bill pack dated October 8,
18 2007, the total amount for board approval,
19 $780,387.68.
20 MS. PICKARD: Make a motion to
21 approve the October 8, 2007 bill pack in the
22 amount of $780,387.68.
23 MR. LAMBERTON: I second the
24 motion.
25 MR. KERRICK: Motion and
4
1 second?
2 Questions or comments from the
3 board?
4 Questions or comments from the
5 public on the motion?
6 Call the vote, Anne?
7 MS. SINCAVAGE: I vote in
8 favor.
9 MR. KERRICK: Jamie?
10 MR. KEENER: I vote in favor.
11 MR. KERRICK: Hugh?
12 MR. LAMBERTON: I vote in
13 favor.
14 MR. KERRICK: Heidi?
15 MS. PICKARD: I vote in favor.
16 MR. KERRICK: I vote in favor.
17 Motion carried.
18 Next on our agenda, solicitor's
19 report. Do you have anything?
20 MR. COHEN: Nothing to report.
21 MR. KERRICK: Okay.
22 Going into new business, realty
23 transfer tax Ordinance No. 461, which we just had
24 the hearing on.
25 What's the board's pleasure?
5
1 MS. PICKARD: I make a motion
2 we approve Ordinance No. 461.
3 MR. KEENER: Second.
4 MR. KERRICK: Motion and
5 second.
6 Questions or comments from the
7 board?
8 Questions or comments from the
9 public on the motion?
10 Call the vote. Anne?
11 MS. SINCAVAGE: Vote in favor.
12 MR. KERRICK: Jamie?
13 MR. KEENER: I vote in favor.
14 MR. KERRICK: Hugh?
15 MR. LAMBERTON: I vote in
16 favor.
17 MR. KERRICK: Heidi?
18 MS. PICKARD: I vote in favor.
19 MR. KERRICK: I vote in favor.
20 Motion carried.
21 Next on our agenda, consider
22 acknowledging the fiscal year 2008 minimum
23 municipal obligation of the Township of Tobyhanna
24 Nonuniform Employees Pension Plan.
25 MS. PICKARD: Make a motion to
6
1 acknowledge the fiscal year 2008 minimum municipal
2 obligation to the Township of Tobyhanna Nonuniform
3 Employees Pension plan. And that would be in the
4 amount of $37,148.
5 MS. SINCAVAGE: I second the
6 motion.
7 MR. KERRICK: Motion and
8 second.
9 Any questions or comments from
10 the board?
11 Questions or comments from the
12 public on the motion?
13 Call the vote. Anne?
14 MS. SINCAVAGE: I vote in
15 favor.
16 MR. KERRICK: Jamie?
17 MR. KEENER: I vote in favor.
18 MR. KERRICK: Hugh?
19 MR. LAMBERTON: I vote in
20 favor.
21 MR. KERRICK: Heidi?
22 MS. PICKARD: I vote in favor.
23 MR. KERRICK: Motion carried.
24 Next on our agenda, transfer
25 station lease agreement. We had advertised this
7
1 and we had one bidder, they were -- they came in
2 the last --
3 MS. PICKARD: They were due by
4 ten a.m.
5 MR. KERRICK: They were due by
6 ten a.m. on the 1st of October, one bidder from
7 Panther Waste.
8 MS. PICKARD: I don't think
9 that's from Panther Waste. This is from Jim
10 Smith, who works for Panther Waste, isn't it?
11 MR. KERRICK: Who's the
12 agreement with?
13 MS. PICKARD: Jim.
14 MR. KERRICK: I stand
15 corrected. The agreement was from James Smith who
16 works for Panther Waste, not Panther Waste.
17 MR. COHEN: Is Mr. Smith here?
18 MR. KERRICK: Pardon?
19 MR. COHEN: Is Mr. Smith here?
20 MR. KERRICK: No, he's not
21 here. Did you review the --
22 MR. COHEN: I reviewed the
23 lease itself. I do note that the costs for
24 garbage and recycling drop-off fees have not been
25 entered into the copy I received, which is article
8
1 -- or Section 11 of the lease.
2 MS. PICKARD: We do have that,
3 which we can make -- attach and make part of that
4 agreement.
5 MR. COHEN: And I also note
6 that Mr. Smith in his cover letter to the board
7 notes that he is in partnership with Panther Waste
8 Systems and requests permission to be able to park
9 some equipment there. I do not know if the board
10 had any feeling one way or another on that
11 request. But it is not contemplated by the lease
12 itself.
13 MR. KERRICK: We can put a
14 requirement -- we currently -- our current
15 operator now, he does park his equipment there.
16 MR. COHEN: Okay.
17 MR. KEENER: Is that something
18 we should add to the lease agreement?
19 MR. COHEN: I think if there's
20 no objection here to him parking equipment there,
21 then I would recommend making a minor amendment to
22 the lease just to add that provision to it, so
23 there's no confusion in the future should there be
24 a question about the equipment being parked there.
25 MR. KEENER: Or we can
9
1 acknowledge it in the record.
2 MR. COHEN: That would be
3 sufficient.
4 MS. PICKARD: The terms of the
5 lease require him to have the applicable insurance
6 and permits required by the DEP and other
7 agencies.
8 MR. COHEN: Correct.
9 MS. PICKARD: So it would be
10 contingent on that.
11 I make a motion that we approve
12 the transfer station lease agreement with Jim
13 Smith.
14 MR. KERRICK: Are we going to
15 put the provision in about the parking equipment
16 or -- in your motion?
17 MS. PICKARD: He just said it
18 in the record.
19 MR. COHEN: I'll state the
20 language that the township gives the lessee
21 permission to park the equipment of Panther Waste
22 Systems at the demised premises.
23 MR. KERRICK: Motion on the
24 floor.
25 Do we have a second?
10
1 MR. KEENER: Second.
2 MR. KERRICK: Questions or
3 comments or discussion from the board?
4 MR. LAMBERTON: Is the
5 agreement with just Jim Smith?
6 MS. PICKARD: Yes.
7 MR. LAMBERTON: Yes.
8 MR. COHEN: James Smith has
9 applied to be the -- it is James Smith who has bid
10 for the project; so yes, the agreement is with
11 James Smith.
12 MR. KERRICK: Any other
13 questions or comments?
14 Questions -- Miss Snell.
15 MS. SUE SNELL: I couldn't
16 hear. What are the compactor fees that we'll be
17 paying to drop off trash in the transfer?
18 MR. KERRICK: Do you want us to
19 read them all?
20 MS. SUE SNELL: Give me a
21 sample, that's all.
22 MR. COHEN: A few of the
23 highlights will include, a sofa will be $20, a
24 dining room table $25, a toilet $10.
25 MS. PICKARD: Three dollars for
11
1 a bag of trash, no charge for recycling.
2 MS. SUE SNELL: Thank you.
3 MR. KERRICK: We can make this
4 available, it just -- it just came with the lease
5 agreement now; but if you want a copy of it, it
6 will be published out front.
7 Any other questions or
8 comments?
9 Call the vote. Anne?
10 MS. SINCAVAGE: I vote in
11 favor.
12 MR. KERRICK: Jamie?
13 MR. KEENER: I vote in favor.
14 MR. KERRICK: Hugh?
15 MR. LAMBERTON: I vote in
16 favor.
17 MR. KERRICK: Heidi?
18 MS. PICKARD: I vote in favor.
19 MR. KERRICK: I vote in favor.
20 Motion carried.
21 Next on our agenda, TEC PTO
22 Halloween parade donation.
23 In 2005 we donated $500; in
24 2006 we donated $500. What's the board's pleasure
25 for 2007?
12
1 MS. SINCAVAGE: I'll make a
2 motion we continue our donation to TEC community
3 Halloween parade in the amount of $500.
4 MR. KEENER: Second.
5 MR. KERRICK: Motion and second
6 on the floor.
7 Any questions or comments from
8 the board?
9 Questions or comments from the
10 public on the motion?
11 Call the vote. Anne?
12 MS. SINCAVAGE: Vote in favor.
13 MR. KERRICK: Jamie?
14 MR. KEENER: I vote in favor.
15 MR. KEENER: Hugh?
16 MR. LAMBERTON: I vote in
17 favor.
18 MR. KERRICK: Heidi?
19 MR. PICKARD: I vote in favor.
20 MR. KERRICK: Motion carried.
21 Next on our agenda, Resolution
22 No. 2007 dash 018, appropriations.
23 You want to just give some
24 highlights, Heidi, on this?
25 MS. PICKARD: This is the
13
1 second reappropriation we've done to put money in
2 accounts that were overbudgeted and to some that
3 were underbudgeted. Most of this, also we had
4 money that came in from the last year's FEMA money
5 due to some flooding we had, so that was
6 reappropriated into areas. We were a little short
7 in the budget. A majority of that was legal fees
8 and then a lot of other workmen's comp and --
9 workmen's comp and unemployment went up and we had
10 some repairs in the park and the pool that were
11 hired and anticipated.
12 Also we were -- on the advice
13 of our auditor, we had put in our budget money to
14 transfer the operating reserve. He did not
15 recommend we do that so we were putting that into
16 a capital reserve fund.
17 Also we had gotten higher than
18 expected state reimbursement for our sewage
19 department. And we were putting that money to
20 cover the cost of the new 537 plan that we are in
21 the process with. And there's another
22 appropriation, we had gotten some money in from an
23 outside -- for an outside engineering firm for
24 Pocono Manor and we were just cleaning that up,
25 that was money that was in and out, that was paid
14
1 for in and out. And that was about it.
2 I'll make a motion well approve
3 Resolution No. 2007 dash 018.
4 MS. SINCAVAGE: I'll second the
5 motion.
6 MR. KERRICK: Motion and
7 second.
8 Any questions or comments from
9 the board?
10 Questions or comments from the
11 public on the motion?
12 Call the vote. Anne?
13 MS. SINCAVAGE: I vote in
14 favor.
15 MR. KERRICK: Jamie?
16 MS. KEENER: I vote in favor.
17 MR. KERRICK: Hugh?
18 MR. LAMBERTON: I vote in
19 favor.
20 MR. KERRICK: Heidi?
21 MS. PICKARD: I vote in favor.
22 MR. KERRICK: I vote in favor.
23 Motion carried.
24 Next on our agenda, Bielecki
25 minor subdivision. Anyone here represent --
15
1 MR. MARK ROBBINS: Here.
2 MR. KERRICK: Mr. Robbins?
3 MR. MARK ROBBINS: I believe
4 you have the plans in front of you.
5 What we're doing is just a
6 simple annexation of two lots in Locust Lake
7 Village. Previous there was a ten foot easement
8 between the two lots and it has been relocated to
9 the north of the two lots.
10 We do have a signed agreement
11 with Locust Lake Village Lot Owners Association,
12 that that moving of the easement is -- is all
13 right with their -- with their board. And once
14 that was relocated we can now annex these two lots
15 together.
16 MR. COHEN: What type of
17 easement is it?
18 MR. MARK ROBBINS: It -- it was
19 just listed as ten foot easement on the original
20 subdivision plan, it's not a right-of-way --
21 pardon?
22 MR. COHEN: It's not known
23 whether it's utilities or stormwater?
24 MR. MARK ROBBINS: Right. It
25 just -- it just was listed as easement.
16
1 MR. KEENER: It's showing as a
2 right-of-way on the drawings.
3 MS. SINCAVAGE: It says ten
4 foot right-of-way.
5 MR. MARK ROBBINS: Right. They
6 say right-of-way, I'm sorry. They didn't list
7 what the right-of-way is for.
8 MR. KEENER: Probably right to
9 access.
10 MR. MARK ROBBINS: Go back to
11 the --
12 THE REPORTER: I'm sorry, I
13 couldn't hear you.
14 MR. MARK ROBBINS: We were just
15 talking about the location of the right-of-way.
16 MS. PICKARD: Do you know
17 whether all the taxes are current on the two lots?
18 MR. MARK ROBBINS: No, I don't.
19 I don't know that for sure, no.
20 MS. PICKARD: I make a motion
21 that we approve the minor subdivision of Stephen
22 and Josephine Bielecki, Project No. 2007 dash 019
23 with waivers, SALDO Sections 135 dash 12 dot D
24 number two, 135 dash 15 dot A and 135 dash 17 dot
25 L and M. And also subject to, proof that the
17
1 taxes have been paid and are current to date.
2 MR. KERRICK: We have a motion
3 on the floor. Do we have a second?
4 MR. KEENER: Second.
5 MR. KERRICK: Motion and
6 second.
7 Any questions or comments from
8 the board?
9 Questions or comments from the
10 public on the motion?
11 Call the vote. Anne?
12 MS. SINCAVAGE: I vote in
13 favor.
14 MR. KERRICK: Jamie?
15 MS. KEENER: I vote in favor.
16 MR. KERRICK: Hugh?
17 MR. LAMBERTON: I vote in
18 favor.
19 MR. KERRICK: Heidi?
20 MR. PICKARD: I vote in favor.
21 MR. KERRICK: I vote in favor.
22 Motion carried.
23 Thank you, Mr. Robbins.
24 Next on our agenda, PA Glacial
25 Till Company preliminary slash final land
18
1 development plan.
2 MR. THOMAS DIRVONAS: Do you
3 all have copies of this plan -- this plan?
4 MS. DONNA ALKER: I have
5 several if you don't. What date, I don't know,
6 we've been working -- since the planning
7 commission we've been working on them.
8 MR. KEENER: 9/17.
9 MS. DONNA ALKER: This is a
10 little more current, so I'll hand these out.
11 (Discussion off the record.)
12 MR. DONNA ALKER: And we're
13 here looking for approval of land development plan
14 for a bituminous batch plant and crusher plant at
15 the quarry located on Caughbaugh Road.
16 MR. THOMAS DIRVONAS: You may
17 recall that the bituminous batch plant was
18 previously approved. The current plan actually
19 relocates the bituminous batch plant that was
20 already approved and also adds a crusher plant.
21 We have been before the zoning hearing board, they
22 have approved the crusher plant. We've been
23 before the planning commission, they have approved
24 the proposed plant as proposed. And we're
25 obviously here tonight for final approval.
19
1 One item that I would mention
2 is that my office has been contacted by the
3 township with regard to preparing a termination of
4 the existing road easement agreement that was
5 actually prepared and filed with regard to the
6 previous bituminous batch plant, we have forwarded
7 copies of that to Bob McHale and I believe that
8 those have been forwarded to the solicitor and we
9 have also forwarded a proposed utility drainage
10 easement to Bob, which I understand that he has
11 forwarded to the solicitor for review, which would
12 allow for the -- actually three easements across
13 Caughbaugh Road; two for drainage pipes and one
14 for actually a water pipe. And we have also
15 submitted statement of cost or estimated costs,
16 you know, with regard to those easements.
17 MR. COHEN: The utility
18 drainage easement agreement, I've only had the
19 opportunity to look at it a few minutes before the
20 meeting; however, I was, I guess, a little bit
21 confused. Is it the owners going to be dedicating
22 this land to the township for the township to
23 install these pipes or --
24 MR. THOMAS DIRVONAS: No, no.
25 The owner is going to be installing all of the
20
1 improvements. Essentially the easement agreement
2 is to permit the township to come in and do any
3 necessary repairs and charge the cost back to the
4 owner in the event that the owner does not perform
5 its obligations under the agreement.
6 MR. COHEN: I guess I was --
7 and I think that goal is fine and if that -- I
8 just wasn't sure if it was written to say that --
9 I'm looking at numbered Paragraph 3 where it
10 states that -- the second half of the first
11 sentence -- it shall be the responsibility of the
12 grantee to maintain, repair and replace the water
13 line and stormwater sewer pipes. I guess, I don't
14 think it's a problem that if the grantor fails to
15 do so that the grantee can step in, finish the job
16 and charge the grantor; but I think as written it
17 implies that in the first instance the township is
18 responsible for doing the repairs.
19 MR. KEENER: Same with Item 4
20 under restoration property.
21 MR. THOMAS DIRVONAS: We can
22 certainly make those changes. Actually, there's
23 language in there and I actually have an older
24 version here, I have to apologize; but the intent
25 is that the owner is going to take care of that.
21
1 In the event that the owner does not do that, then
2 the township has the right to step in and do it
3 and charge it back to the grantor or the owner.
4 MR. COHEN: I think if that
5 intent is better articulated in the agreement I
6 see no problem with approving it.
7 MR. THOMAS DIRVONAS: Okay. I
8 can certainly have that done and forward that to
9 you later tonight or tomorrow.
10 MR. COHEN: Sounds good to me.
11 MR. THOMAS DIRVONAS: Okay.
12 MR. KEENER: Same question
13 regarding that. That being a water line for
14 private use not for public consumption, why would
15 we want to ever have to go in and maintain the
16 water line?
17 MR. COHEN: I don't think the
18 township ever wants to, but if the land owner
19 failed to do so the township would have the right
20 to fix it itself and then charge the landowner for
21 the costs.
22 MR. THOMAS DIRVONAS: I think
23 the issue there would be that if there were a
24 water problem, that there were leaks that affected
25 the road, that the township would be able to go in
22
1 there and have it rectified. I mean, certainly it
2 is a private line, it's only for the use of the
3 owner; but if there were an issue that affected
4 the road you can come in and repair that and bill
5 that back to the owner.
6 MR. KEENER: Then I think we
7 need to define the area that defines it and not
8 the whole water line. This is saying that 20 feet
9 centered on the water line and it doesn't give
10 limits on the extent of it. And the water line is
11 a couple of hundred feet long.
12 MR. COHEN: Well, there's a
13 legal description attached here.
14 MS. DONNA ALKER: I'm shown on
15 the plan there's also a -- an easement showing
16 metes and bounds.
17 MR. THOMAS DIRVONAS: You would
18 certainly not have the obligation to go onto the
19 owner's property outside the easement in order to
20 correct issues. I mean, what we're really talking
21 about here is that the problem that would actually
22 affect the area of the easement.
23 MR. KERRICK: Chain link
24 fencing is proposed on both sides of
25 the Caughbaugh?
23
1 MS. DONNA ALKER: Yes.
2 MR. KERRICK: Were there any
3 comments or concerns from Guardian Inspection
4 regarding fire lanes, et cetera, et cetera?
5 MS. DONNA ALKER: No. One
6 thing that we've added since the planning
7 commision meeting is signage, fire lane, and no --
8 no parking signage.
9 MR. THOMAS DIRVONAS: And those
10 will be intalled in, you know, in accordance with
11 the fire and Guardian recommendations.
12 MR. KEENER: What about a
13 wetland report, have you submitted that to the
14 township?
15 MS. DONNA ALKER: I have to
16 double-check that. It should have been -- it
17 should have been -- I can look back and --
18 MR. KEENER: The county
19 engineer made a comment saying that the report
20 should be provided and you should identify who did
21 the delineation.
22 MS. DONNA ALKER: Yeah, yeah.
23 MR. KEENER: And you haven't
24 done --
25 MS. DONNA ALKER: Is that --
24
1 MR. KEENER: RKR Hess --
2 MS. DONNA ALKER: Oh, the
3 county?
4 MS. KEENER: The county.
5 MS. DONNA ALKER: The county
6 may not have gotten a copy of the wetland report.
7 MR. KEENER: Well, you also on
8 the front page identifies a third party and don't
9 identify who the delineator was.
10 MR. THOMAS DIRVONAS: Hold on a
11 second, let me do a little work here.
12 MS. DONNA ALKER: Yeah, let me
13 check.
14 MR. THOMAS DIRVONAS: While
15 she's looking, it's my recollection this has been
16 going on for a while, but the property that we're
17 actually looking at developing now I don't believe
18 contains any wetlands. We are talking about a 400
19 plus acre tract here. There were some wetlands, I
20 believe, to the rear of the tract, which are
21 not -- you know, which are not being affected by
22 the proposed current development.
23 MR. KEENER: There's a note on
24 the plan here, it says proposed stream cross being
25 obtained by a mining engineer?
25
1 MS. DONNA ALKER: Yes.
2 MR. THOMAS DIRVONAS: Yes.
3 MS. DONNA ALKER: Yeah.
4 There's a -- let me get to the proper page here.
5 MR. KEENER: That's going to be
6 a wetland crossing?
7 MS. DONNA ALKER: Sheet 3.
8 Yeah, it would be wetland and stream, so prior to
9 constructing that they would have to get those
10 permits. And that is -- that's really when they
11 want -- that's for the future, when they want to
12 get into that back area and start getting material
13 out of that area. So they'll be installing the
14 crusher and batch plant in this -- in what we're
15 seeking approval for now. And that stream
16 crossing will occur at a later date when they get
17 those permits and prior to them starting to take
18 material out of the area in the back.
19 MR. THOMAS DIRVONAS: We're
20 actually talking about, you know, several
21 different agencies having authority here. And
22 what we're saying there is, as far as the
23 Department of Mining, that they have to give their
24 approval before they actually develop that
25 crossing and before they actually, you know, take
26
1 care of taking materials out of that rear
2 property.
3 That is something that, again,
4 the Department of Mining has control over just
5 like, you know, certain issues with regard to the
6 basins and so on and so forth, that the Department
7 of Mining has to give their final approval before
8 they can commence operations.
9 MR. KEENER: But it says
10 proposed stream crossing, it doesn't say future
11 stream crossing.
12 MR. THOMAS DIRVONAS: Proposed,
13 that's correct.
14 MR. KEENER: On a plan that
15 we're aprovering --
16 MR. THOMAS DIRVONAS: Yes. And
17 the Department of Mining has to give their
18 approval before anything can be done. We're
19 actually talking there with regard to conveying
20 materials I believe from one side of the stream to
21 the other. What we're actually requesting today
22 or tonight is approval for the crusher plant and
23 relocation of the bituminous batch plant, as far
24 as operation of those plants. Anything having to
25 do with the stream crossings in the future has to
27
1 do with the Department of Mining.
2 MR. KERRICK: Was there any
3 discussion at the planning commission regarding
4 the intersection of 115 and Caughbaugh Road.
5 MS. DONNA ALKER: No.
6 MR. KERRICK: The last
7 applicant that applied for the batch plant, we had
8 some conversation regarding the upgrading of that
9 --
10 MR. THOMAS DIRVONAS: What they
11 said at the planning commision was, it wasn't a
12 requirement they couldn't require us to do,
13 something there, but they --
14 MR. KERRICK: We could ask.
15 MS. DONNA ALKER: Bob had --
16 yeah.
17 MR. KERRICK: I'm reading his
18 notes. So I'm asking for Bob, what is the
19 applicant -- were they willing to do anything to
20 improve, help improve the intersection?
21 MR. THOMAS DIRVONAS: They're
22 not willing to do anything as a condition --
23 MR. KERRICK: I didn't ask is
24 it a condition. I just asked if they were willing
25 to help improve the intersection. It's not a
28
1 condition. I just asked if they are willing to
2 participate.
3 MR. THOMAS DIRVONAS: They're
4 willing to consider it, okay, but they're not
5 going to commit to do that as a condition of the
6 application. I'm sure, as your solicitor will
7 indicate to you --
8 MR. KERRICK: I'm well aware of
9 that and I just asked a question.
10 MR. THOMAS DIRVONAS: Yes.
11 MR. KEENER: How many trips are
12 going to be coming through here, coming out of
13 this plant? How many trips per day do you
14 anticipate?
15 MS. DONNA ALKER: Didn't do a
16 study -- we had some figures for the zoning --
17 MR. THOMAS DIRVONAS: That was
18 all presented to the zoning hearing board --
19 MS. DONNA ALKER: Yeah, it was
20 done. Yes, it was some -- actually maybe it was
21 just the zoning hearing board, these documents. I
22 submitted some supporting documents with all these
23 figures and counts. Let's see.
24 MR. THOMAS DIRVONAS: I believe
25 on Sheet 1 of the documents that you have in front
29
1 of you, I think it indicates under Item 21 the
2 current number of loads from site is 25 per day;
3 the proposed is 50.
4 MR. KERRICK: I believe we had
5 some documentation -- a year ago that it was close
6 to a hundred trucks per day.
7 MS. DONNA ALKER: That
8 documentation -- we submitted documentation with
9 the -- probably with this application too.
10 MR. KERRICK: I didn't see
11 that.
12 MS. DONNA ALKER: That had
13 counts that we conducted.
14 MR. KERRICK: That will be part
15 of the motion.
16 MR. COHEN: Is the utility
17 drainage agreement collateral to the approval here
18 or is it necessary that we have that nailed down
19 in order to give you the approval?
20 MR. THOMAS DIRVONAS: We are
21 certainly willing to execute that agreement. I
22 mean, that was something that the planning
23 commission and Bob McHale had recommended. And we
24 are certainly, you know, willing to execute that.
25 I mean, I'm hoping we don't have to come back a
30
1 month from now. We're willing to be flexible as
2 far as that -- you know, as far as that utility,
3 you know, drainage easement agreement.
4 And again, we had forwarded
5 that to Bob and I believe it was forwarded to
6 Manny, you know, last Wednesday or so for a
7 review. And in fact I called your office on
8 Friday and they indicated that Manny would not --
9 you know, probably not be in before the meeting
10 tonight and I asked for any --
11 MR. KEENER: Question. How can
12 they grant an easement from our right-of-way?
13 MR. THOMAS DIRVONAS:
14 Because --
15 MR. COHEN: Go ahead.
16 MR. THOMAS DIRVONAS: It's
17 actually the owner's land.
18 MR. KEENER: Okay.
19 MR. THOMAS DIRVONAS: Okay.
20 MR. KEENER: All right.
21 MR. THOMAS DIRVONAS: I'm not
22 sure that -- that this particular road or
23 right-of-way has ever actually been dedicated to
24 the township as I understand.
25 MR. KERRICK: There was a 33
31
1 foot right-of-way through his property and where
2 it is now it's moved slightly, but somewhere on
3 his property everybody agreed that it was fine
4 where it was.
5 MR. THOMAS DIRVONAS: Yes,
6 exactly.
7 MR. KERRICK: There's another
8 comment from our engineer and it says a follow-up
9 traffic count should be performed by the
10 applicant, one full business -- for a full
11 business week approximately one year from the date
12 of opening the proposed bituminous batch plant.
13 Would the applicant be willing to do that?
14 MR. THOMAS DIRVONAS: Yes.
15 MR. KERRICK: Anything on the
16 road maintance bonding or similar agreement
17 considered for additional truck traffic loading?
18 MR. THOMAS DIRVONAS: If that's
19 a requirement of the township, we will certainly
20 comply with that. I believe there were also two
21 waivers requested, I believe.
22 MR. DONNA ALKER: Yeah.
23 MR. KERRICK: Three I think.
24 MS. DONNA ALKER: Three.
25 MS. SINCAVAGE: Yes.
32
1 MR. KERRICK: Do they have
2 anything in writing?
3 MR. THOMAS DIRVONAS: B-1, B-3,
4 and I think B-4.
5 MS. DONNA ALKER: Yeah. Some
6 of them we have requested the waivers for but we
7 have since provided the information, such as the
8 (inaudible) storm profiles. We provided complete
9 (inaudible) files on this set of plans, so we
10 don't require that easement. I think the same
11 aplies for road profiles.
12 MR. KEENER: Next question
13 regarding the operation. Are you currently -- is
14 the site currently operating as full mining
15 operation?
16 MR. THOMAS DIRVONAS: Yes.
17 MR. KEENER: All right. The
18 document that I was given said that you're to be
19 working on a quarter acre?
20 Which one is the permit from
21 December 20, 2006?
22 MR. THOMAS DIRVONAS: Could I
23 see that?
24 MR. KEENER: From the 441-acre
25 site.
33
1 MR. THOMAS DIRVONAS: But this
2 is not --
3 MR. KEENER: This is
4 exploration, intent to explore.
5 MR. THOMAS DIRVONAS: Okay.
6 Again, we're only asking for approval of the
7 crusher plant, okay? The Department of Mining's
8 responsible -- responsible for determining what
9 portion of the area they will allow to be mined.
10 MR. KEENER: I understand, but
11 I'm asking you if you're only -- is this the only
12 permit that you have to operate the site?
13 MS. DONNA ALKER: Well, there's
14 been permit -- this place has been permitted for
15 years, and I don't think I have copies of all
16 those permits here. They would have been
17 presented when we came forward with the
18 application for the batch plant last year.
19 MR. THOMAS DIRVONAS: The
20 actual mining operations again are first subject
21 to Department of Mining.
22 MR. KEENER: I understand. Do
23 you need the land development approval to get your
24 mining permit?
25 MR. THOMAS DIRVONAS: No.
34
1 MS. DONNA ALKER: No.
2 MR. THOMAS DIRVONAS: No. We
3 need the land development in order to process what
4 is mined.
5 MR. KEENER: Okay. This letter
6 also says the period of expiration shall be
7 limited to November 2, 2007, and that's why I'm
8 trying to determine what operation this is. Is
9 this operation part of the relocated batch plant?
10 I mean, this was submitted in our packet.
11 MR. THOMAS DIRVONAS: Yeah,
12 again, we're -- we're talking here about several
13 authoritities having jurisdiction here. Okay?
14 The Department of Mining has certain rules and
15 regulations that the operator has to follow with
16 regard to the actual mining operation, okay? The
17 -- as far as the township is concerned, the mining
18 operation is a permitted use.
19 MR. KEENER: Okay.
20 MR. THOMAS DIRVONAS: Okay. In
21 that particular district. The bituminous batch
22 plant and the crusher plant are actually accessory
23 uses to the mining operations, okay? So from the
24 township's standpoint the owner is permitted to
25 mine the property, okay? As an accessory use,
35
1 they are then permitted to have the crusher plant
2 and the bituminous batch plant, and that's why
3 we're here tonight.
4 From the standpoint of the
5 actual mining operation, the Commonwealth is
6 actually a step above you as far as saying what
7 can be done and what can't be done as far as the
8 mining operation, okay? So Pennsylvania, the
9 Commonwealth is actually the agency that has
10 jurisdiction over the actual mining operation.
11 MR. KEENER: Understand.
12 MR. THOMAS DIRVONAS: Okay. So
13 we're --
14 MR. KEENER: That's what I'm --
15 MS. DONNA ALKER: They may have
16 another -- they're kind of currently working with
17 the Mining Department because they want to expand
18 their quarry; so I would presume that's what the
19 exploration area is.
20 MR. KEENER: That's what I was
21 wondering, are they expanding the mining operation
22 as well.
23 MR. THOMAS DIRVONAS: Yeah.
24 MS. DONNA ALKER: Yeah. And
25 that would be that area across the stream, as one
36
1 of the areas that they want to start mining in.
2 MR. THOMAS DIRVONAS: The owner
3 has a separate mining engineer who's been working
4 on this for the past -- you know, over the past
5 year, as far as getting the necessary permits from
6 the Commonwealth with regard to the actual mining
7 operation, and that would include crossing the
8 stream as far as, you know, conveying those
9 materials over the stream.
10 MR. KEENER: Do you have the
11 NPDES for the --
12 MS. DONNA ALKER: No, because
13 that's all --
14 MR. KEENER: Part of the
15 mining.
16 MS. DONNA ALKER: -- part of
17 the mining.
18 MS. SINCAVAGE: Did we write
19 down all these provisions?
20 MR. KERRICK: What's the
21 board's pleasure?
22 MR. LAMBERTON: I just feel too
23 many open questions for us to act on this tonight.
24 That's my personal feeling.
25 MR. KERRICK: Were you at the
37
1 planning commission on the 4th?
2 MS. DONNA ALKER: Yes.
3 MS. PICKARD: Of October or
4 September?
5 MR. KERRICK: And they gave you
6 approval the 4th?
7 MS. DONNA ALKER: No, it's
8 September 1st. It's in September, it was.
9 MS. PICKARD: These plans then
10 just came in on October 5?
11 MR. KERRICK: So we're not even
12 sure if the engineer saw these. These are dated
13 the 5th and these other things are dated the 5th.
14 MS. DONNA ALKER: We -- well,
15 we got them over to him on Friday and Brian was
16 talking to him and he seems --
17 MS. PICKARD: And their office
18 was closed today so nobody was there.
19 MS. DONNA ALKER: Which -- so
20 you didn't get any kind of report from him.
21 MR. KERRICK: No. And we
22 normally have a cutoff date so it's in our meeting
23 packet, so we didn't have any of this.
24 MS. PICKARD: I make a motion
25 that we table this.
38
1 MR. LAMBERTON: Second the
2 motion.
3 MR. KERRICK: Motion and second
4 on the floor to table.
5 Do we need a time extension or
6 do we have enough time?
7 MS. PICKARD: I have
8 November 27.
9 MR. KERRICK: Any questions or
10 comments from the board?
11 Questions or comments from the
12 public on the motion?
13 Call the vote, Anne?
14 MS. SINCAVAGE: I vote in
15 favor.
16 MR. KERRICK: Jamie?
17 MR. KEENER: I vote in favor.
18 MR. KERRICK: Hugh?
19 MR. LAMBERTON: I vote in
20 favor.
21 MR. KERRICK: Heidi?
22 MS. PICKARD: I vote in favor.
23 MR. KERRICK: Motion carried.
24 MR. THOMAS DIRVONAS: If I may,
25 will someone be getting a letter to us with regard
39
1 to the open issues?
2 MR. KERRICK: Yes.
3 MR. THOMAS DIRVONAS: And do we
4 have an idea of when we might expect that?
5 MR. KERRICK: Tomorrow.
6 MR. THOMAS DIRVONAS: Okay.
7 Thank you.
8 MR. KERRICK: You're welcome.
9 As far as the engineering, I
10 can't speak for our legal.
11 Do you have any idea how soon
12 you can -- day or two?
13 MR. COHEN: Yeah.
14 MR. THOMAS DIRVONAS: Okay. I
15 might mention that I talked to Bob McHale last
16 Friday and he indicated that all the technical
17 issues had been addressed, it was just a matter of
18 the easements and any necessary bonds that might
19 be required; but, of course, Bob's not here.
20 MR. KERRICK: Next on our
21 agenda, Dunkin Donuts land development plan and
22 stormwater agreement.
23 MS. KRISTY COULTER: My name is
24 Kristy Coulter. I'm with Boucher and James
25 Engineering, who are the engineers for the
40
1 project. And we're here tonight to request the
2 approval of the plans. I believe we've addressed
3 all the comments in Mr. McHale's letter.
4 There are five waivers that
5 we've requested. And we did provide -- or the
6 client, Blakeslee Donuts, provided a stormwater
7 agreement and we checked for the stormwater fund
8 as well, which should have completed all of the
9 requirements from the planning commission.
10 MR. LAMBERTON: Under Section
11 3, subject to the resolution of the easterly
12 property boundary issue, prior to consideration by
13 the board of supervisors.
14 Would you explain that?
15 MS. KRISTY COULTER: I believe
16 that the property owner for the Dunkin Donuts
17 parcel, which is Kush and Sunny, has entered into
18 an agreement with the adjoining property owner,
19 which I believe the last name is Baxter. You have
20 to excuse me, I don't know the exact names that
21 are on the agreement, but there was a dispute
22 between the location of the eastern lake property
23 line on the project site. And there -- what it
24 resulted in was an overlap in the boundary. I'm
25 not sure of the exact dimensions of the overlap,
41
1 but in order to resolve that, it was agreed that
2 the owner for the Dunkin Donuts development would
3 purchase that adjoining property.
4 It's been conveyed to our
5 office that there is a sales agreement on the
6 table and they are simply waiting for an execution
7 of the agreement.
8 MR. LAMBERTON: What?
9 MS. KRISTY COULTER: They're
10 just waiting for the agreements to be executed.
11 MR. COHEN: Can you --
12 MR. KEENER: I have a question
13 -- in there shown to them as property owners in
14 our --
15 MS. KRISTY COULTER: Because
16 they will be the owners once that sales agreement
17 -- once they actually purchase the property.
18 That's the reason why there was a condition to the
19 approval.
20 MR. KEENER: Shouldn't that be
21 the current property owner until it's conveyed?
22 MS. KRISTY COULTER: I'm not
23 sure exactly. I think the intent is that this is
24 not going to be reported -- or approved or
25 anything until that agreement is -- does go
42
1 through, but we would look for tonight an approval
2 conditioned on that, you know, being finalized.
3 MR. LAMBERTON: Every time we
4 give a conditional approval it comes back and
5 bites us. Now, you're the engineer, you don't
6 represent the owner.
7 MS. KRISTY COULTER: No.
8 MR. LAMBERTON: No one here
9 from the owner?
10 MS. KRISTY COULTER: The owner,
11 no, he wasn't available to make it this evening.
12 We weren't notified that the meeting had changed
13 until Friday. With the holiday it was hard to
14 scramble.
15 MR. LAMBERTON: What meeting
16 changed?
17 MS. KRISTY COULTER: In the
18 note that we had received from the township it had
19 indicated that the meeting, time and date was
20 tomorrow evening.
21 MR. KERRICK: It was?
22 MS. PICKARD: Originally at the
23 beginning of the year --
24 MR. KERRICK: We changed this
25 months ago.
43
1 MS. PICKARD: It was in the
2 paper.
3 MS. KRISTY COULTER: Yeah, I
4 have a letter dated September 10 that indicated
5 that we would be on the agenda for October 9, so
6 because of that -- actually, I am -- I'm standing
7 in for Doug Olmstead, who is the actual engineer
8 for the project, so I'm a little bit upstanding
9 tonight. And Mr. Patel was unable to make it as
10 well.
11 MR. ROBERT BAXTER: If I may, I
12 could perhaps shed a little light.
13 MR. KERRICK: Please do.
14 MR. LAMBERTON: Would you
15 identify yourself?
16 MR. ROBERT BAXTER: My name is
17 Robert Baxter, and my wife is the owner of the
18 property.
19 The boundary line is more of a
20 mystery than a dispute. It's surveys that have
21 come from different directions and don't meet in
22 the same place. There has been an agreement
23 pending on the property for some number of months
24 and it is due to close shortly, we're waiting to
25 hear. But to this point it has not been -- a
44
1 settlement date has not been set. It was supposed
2 to be the first of this month, but for unknown
3 reasons it has not closed yet.
4 The last communication we had
5 was that they were just working on things and any
6 day now they'd be ready.
7 MR. COHEN: Are the terms of
8 the agreement otherwise acceptable to you?
9 MR. ROBERT BAXTER: Yes.
10 MR. KEENER: Do you have copies
11 of the property survey for the adjacent property,
12 if you resolved that issue?
13 MS. KRISTY COULTER: Well, by
14 purchasing the property adjoining the boundary
15 dispute or, you know, confusion basically goes
16 away because it's owned by the same property owner
17 at that point.
18 MR. KEENER: But how big of a
19 property is --
20 MR. ROBERT BAXTER: The issue
21 is 19.6 feet.
22 MR. KEENER: That's the
23 overlap?
24 MR. ROBERT BAXTER: With the
25 overlap.
45
1 MR. KEENER: Right.
2 MR. ROBERT BAXTER: And it
3 seems to go back from when 115 was widened and
4 WaWa had their property resurveyed and they came
5 from the west going east and the original
6 descriptions from all of these -- from the
7 original Austin Blakeslee subdivision are from the
8 east going west. And then that's where the
9 overlap is at.
10 MR. KEENER: Is that overlap
11 included in what's being defined as the property
12 owner's plan?
13 MS. KRISTY COULTER: The
14 overlap, we -- we have taken the line that our
15 surveyors have defined here and we're saying that
16 that is the property boundary.
17 MR. KEENER: I just want to --
18 MS. KRISTY COULTER: The
19 overlap from the other property does not show up
20 on this -- because we're saying the --
21 MR. KEENER: I just want to
22 make sure going forward that somebody else doesn't
23 --
24 MS. KRISTY COULTER: This will
25 resolve.
46
1 MR. KEENER: -- pick up a
2 property survey, because I'm dealing with the same
3 issue up on 115, where there is a loss of 32 feet
4 over history.
5 MS. KRISTY COULTER: And the
6 location of the property line that's under, you
7 know, dispute at this point, is primarily located
8 right through wetland.
9 MR. KEENER: Right. It says
10 the 19 feet --
11 MS. KRISTY COULTER: So the
12 19 feet is a question of, you know, where.
13 MR. ROBERT BAXTER: When he
14 owns both sides of that, there's really no
15 question.
16 MR. KEENER: Right.
17 MR. ROBERT BAXTER: Until he
18 does, though, it is unresolved.
19 From our standpoint, if, solely
20 on this survey issue, the board was to grant an
21 approval subject to him actually closing on it, we
22 would have no issue with that. Whether you can do
23 that or not, I don't know, that's more of a
24 question for your solicitor.
25 MR. COHEN: I don't have a
47
1 problem with it. If it closes, then everyone's
2 happy. If it doesn't close, then they're back
3 here at square one.
4 MS. PICKARD: If we were to
5 approve this conditionally upon the closing of
6 this property, should there be a time set forth?
7 Because it's going to be open ended for the next
8 several years.
9 MS. KRISTY COULTER: I don't
10 think that you'll see this being open ended, just
11 because I know that the client already has a
12 contract --
13 MS. PICKARD: And I understand
14 that.
15 MS. KRISTY COULTER: And he
16 wants to move with the project.
17 MR. ROBERT BAXTER: By our
18 token you can make it 60 days and I'm sure that
19 will not be a problem.
20 MS. KRISTY COULTER: That would
21 be acceptable to us.
22 MR. COHEN: I have no problem
23 with that.
24 MR. LAMBERTON: What would
25 happen to the project if it didn't close? I don't
48
1 see that we have any legal standing on the
2 closing, do we? We have nothing to do with
3 closing?
4 MR. COHEN: We have nothing to
5 do with the closing, but if they don't close then
6 they don't get their approvals.
7 MR. PICKARD: And the date of
8 record of approval would be the date of the
9 closing of the property or would it be the date
10 that we approve the plan?
11 If they have 90 days, let's
12 say, to record the plan, we're not signing the
13 plan until Kris closed on the property.
14 MR. COHEN: And the approval
15 doesn't become effective until there's a closing.
16 MS. PICKARD: Okay.
17 MR. KEENER: Until all the
18 conditions and recommendations.
19 MS. PICKARD: It will be 90
20 days after the closing of the --
21 (Discussion off the record.)
22 MR. KERRICK: What's the
23 board's pleasure?
24 MR. KEENER: I make a motion we
25 approve the land development plan Dunkin Donuts
49
1 Project No. 2006 dash 008, subject to waivers of
2 Section 135 dash 15A15, 135 dash 17L and M, 124
3 dash 86B19, including the approval of those
4 waivers, subject to closing on the property, that
5 will be Kush and Sunny with Mrs. Baxter.
6 MS. SINCAVAGE: Heidi, do we
7 know if we have their stormwater management
8 agreements here in the package here?
9 MR. KERRICK: It's in the back
10 of your packet.
11 MS. SINCAVAGE: It's in here?
12 MS. PICKARD: Jamie, that was
13 in Bob's letter, Review No. 4, for personal
14 comments in Bob's review, No. 4, dated
15 September 20?
16 MR. KEENER: That's correct.
17 MR. LAMBERTON: I second the
18 motion.
19 MR. KERRICK: See that in the
20 back. Motion and second on the floor.
21 MR. PICKARD: Including the
22 stormwater management in his motion as well?
23 MR. KEENER: Yes, and the
24 stormwater management agreement.
25 MR. KERRICK: Hugh, do you
50
1 amend your motion to include the stormwater
2 management?
3 MR. LAMBERTON: Yeah, I amend
4 the motion.
5 MR. KERRICK: He included -- he
6 revised his motion to include the stormwater
7 management as well.
8 Any other questions or comments
9 from the board on Dunkin Donuts?
10 Questions or comments from the
11 public?
12 MS. TINA LAKE: Yes.
13 MR. KERRICK: Yes. State your
14 name for the record, please?
15 MS. TINA LAKE: Tina Lake,
16 L-A-K-E.
17 I live on Hemlock Road on Old
18 Farm Estates, which is right around the corner
19 from where this is going to be built. As a member
20 of the community, I have some questions to pass on
21 to Emily, my other neighbor, but from me as well.
22 There's been, you know, rumors
23 for a while that Dunkin Donuts was coming, but
24 nothing was definitely known. As a community we
25 wanted to know, are the entrances going to be
51
1 strictly off of Route 940?
2 MS. KRISTY COULTER: Yes.
3 MS. TINA LAKE: Are they going
4 to --
5 MR. KERRICK: Can you -- you
6 want to come up and look at the plan? You're
7 welcome to.
8 MS. TINA LAKE: Yes.
9 MR. KERRICK: Come up and take
10 a look at the plan.
11 MS. TINA LAKE: Is it going to
12 be 24 hours?
13 MS. KRISTY COULTER: The hours
14 are actually posted on the plan, the hours of
15 operation, and they include Sunday to Thursday,
16 five a.m. to nine p.m.; Friday and Saturday,
17 five a.m. to ten p.m. And there is only one
18 entrance off of 940 that accesses the site.
19 MS. TINA LAKE: What kind of
20 lighting in -- as far as -- because we -- we
21 reside pretty much -- if Hemlock Road is right
22 here and there's a property next to them, we
23 reside in the house that's right over here, so
24 we're right behind them so --
25 MS. KRISTY COULTER: There is
52
1 lighting on the site, but all of the lighting does
2 comply with the township ordinances so that
3 there's no spillover beyond the property lines.
4 MS. TINA LAKE: Is it going to
5 have a drive-thru?
6 MS. KRISTY COULTER: It does
7 have a drive-thru.
8 MS. TINA LAKE: Okay. And how
9 are they going to -- the existing building -- is
10 there going to be a new building that's going to
11 be constructed?
12 MS. KRISTY COULTER: Yes.
13 MS. TINA LAKE: As far as -- I
14 know this may sound silly. As far as smell
15 venting, this could affect us, it's a place that
16 generates a lot of smells of baking and everything
17 like that. Is there anything taken into
18 consideration? Because we really don't have any
19 fast-food places around by us except for the WaWa.
20 MS. KRISTY COULTER: Right.
21 MS. TINA LAKE: So, you know,
22 things like that do emit odors. So, you know, as
23 far as animals and things like that, with garbage
24 pick up. And we get bears every now and then in
25 the area, so --
53
1 MS. KRISTY COULTER: Right.
2 They do have a secured dumpster location on the
3 site.
4 MS. TINA LAKE: Okay.
5 MS. KRISTY COULTER: As far as
6 odors, I think --
7 MS. TINA LAKE: Are they going
8 to be picked up -- do they know like -- is that
9 going to be like midnight pickup or something
10 where you're going to hear dumpsters --
11 MS. KRISTY COULTER: I really
12 don't know what time the --
13 MR. ANDREW LEE: It's just
14 questions that people in the community had --
15 THE REPORTER: Excuse me.
16 MR. ANDREW LEE: My name is
17 Andrew Lee.
18 Those questions will be raised
19 about the garbage as well, it's not only just --
20 we want to make sure it was going to be secure due
21 to the animals and stuff; we don't want to attract
22 anymore animals into the neighborhood that we do
23 not want into the neighborhood like bears and
24 stuff like that.
25 MS. TINA LAKE: We just had a
54
1 bear spotted --
2 MR. ANDREW BLAKE: Right.
3 MS. TINA LAKE: -- last week,
4 so --
5 MR. ANDREW BLAKE: The other
6 thing, there were concerns about where it was
7 regularly scheduled so -- that also. You know,
8 because usually WaWa, their garbage gets picked up
9 about three, four times a week and it causes them
10 not to have any other garbage smells and stuff
11 like that that goes with food service. So we just
12 wanted to know if it was going to be the same kind
13 of thing.
14 MS. KRISTY COULTER: I can't
15 really answer for the owners and operators of the
16 development.
17 Just so -- this is 940 here and
18 then WaWa, this is like a drainage and then the
19 WaWa --
20 MS. TINA LAKE: Right, exactly.
21 MS. KRISTY COULTER: -- is
22 right here. The garbage is going to be off to the
23 side.
24 MS. TINA LAKE: Okay.
25 MR. STEVEN HUGHES: Are you
55
1 taking down any trees --
2 MS. KRISTY COULTER: No. All
3 of the development is being done off the existing
4 --
5 MS. TINA LAKE: Existing --
6 MS. KRISTY COULTER: The paved
7 area.
8 MS. TINA LAKE: Okay.
9 MS. KRISTY COULTER: We're
10 actually removing quite a bit of pavement in order
11 to --
12 MR. STEVEN HUGHES: And
13 removing the existing building, as well as the --
14 MS. TINA LAKE: Yes, she said
15 that. Yeah.
16 MS. KRISTY COULTER: Okay. Any
17 questions you have you can relay that back to the
18 board.
19 MR. KERRICK: Thank you for
20 your questions.
21 MS. SABRINA SIMS: Sabrina
22 Sims.
23 I was just wondering if I just
24 -- maybe with the accident and -- accident report
25 and traffic survey that we were -- I'm trying to
56
1 get done to lower the speed limit in Blakeslee.
2 Will this be considered when Mr. McHale pleads
3 with Mr. Rausher (phonetic) at PennDOT? This will
4 bring more traffic --
5 MR. KERRICK: Are you asking if
6 he's going to add this?
7 MS. SABRINA SIMS: Into the --
8 when -- Mr. Rausher and Mr. McHale will be talking
9 here soon, about this traffic survey and accident
10 report --
11 MR. KERRICK: Okay. We can
12 pass that along.
13 MS. SABRINA SIMS: Can that be
14 passed on to PennDOT too, please?
15 MR. KERRICK: Sure.
16 MS. SABRINA SIMS: Because I
17 assume you know how much traffic this is going to
18 bring.
19 MR. KERRICK: Thank you.
20 Any other questions or
21 comments?
22 Call the vote. Anne?
23 MS. SINCAVAGE: I vote in
24 favor.
25 MR. KERRICK: Jamie?
57
1 MR. KEENER: I vote in favor.
2 MR. KERRICK: Hugh?
3 MR. LAMBERTON: I vote in
4 favor.
5 MR. KERRICK: Heidi?
6 MS. PICKARD: I vote in favor.
7 MR. KERRICK: I vote in favor.
8 Motion carried.
9 Next on our agenda, local
10 mutual aid agreement and addendum. We've entered
11 into agreement with the other police departments
12 in the county. And the Monroe County would like
13 to add their detective unit to that mutual aid, so
14 we basically have to add an addendum to it. And
15 this would be authorizing the representatives for
16 the Pocono Mountain Regional Police Commision to
17 sign the agreement on behalf of Tobyhanna
18 Township. It's in your packet.
19 MR. KEENER: Mr. Chairman, is
20 that also adding Delaware Water Gap?
21 MR. KERRICK: I thought they
22 were on it, maybe I'm --
23 MR. KEENER: Page 2 of 7.
24 MR. KERRICK: Page 2? Yes.
25 Delaware Water Gap and Monroe County.
58
1 MS. SINCAVAGE: I make a motion
2 we approve the addendum to the local government
3 mutual aid agreement.
4 MR. KEENER: Second.
5 MR. KERRICK: Motion and second
6 on the floor.
7 Any questions or comments from
8 the board?
9 Questions or comments from the
10 public on the motion?
11 Call the vote. Anne?
12 MS. SINCAVAGE: I vote in
13 favor.
14 MR. KERRICK: Jamie?
15 MR. KEENER: I vote in favor.
16 MR. KERRICK: Hugh?
17 MR. LAMBERTON: I vote in
18 favor.
19 MR. KERRICK: Heidi?
20 MS. PICKARD: I vote in favor.
21 MR. KERRICK: I vote in favor.
22 Next on our agenda, Maguire
23 minor subdivision.
24 Anyone here represent Maguire?
25 MR. TOM HARLEY: Tom Harley
59
1 from Lucas Engineering.
2 Do you have copies of the
3 plans?
4 I have one for you.
5 MR. KEENER: Any provision?
6 MR. TOM HARLEY: Yes. We have
7 a five acre parcel that we'd like to divide
8 equally into two. And they want to build a house
9 on this lot. Sheet 2 demonstrates that we meet
10 the assumption --
11 MR. KEENER: I don't
12 have that.
13 MR. TOM HARLEY: You don't have
14 Sheet 2?
15 MR. KEENER: No.
16 MR. TOM HARLEY: Okay. Do you
17 have Sheet 2?
18 MR. KERRICK: Yes, I do.
19 MR. TOM HARLEY: Okay. Sheet 2
20 demonstrates that we meet the exemption for the
21 stormwater plan. And Sheet 1 is the subdivision
22 plan.
23 MR. KERRICK: We have a note
24 here that the tax ID number is incorrect on the
25 plan. Has that been corrected?
60
1 Does it say what it should be?
2 MR. TOM HARLEY: What's it
3 supposed to be?
4 MR. KERRICK: It's supposed to
5 be 15C in lieu of 156, it must've had 156.
6 MS. PICKARD: Or should it be
7 156, we're not sure.
8 MR. KERRICK: 15C in lieu of
9 156?
10 MR. COHEN: That's totally
11 ambiguous.
12 MR. TOM HARLEY: Which way is
13 it supposed to be? That's incorrect. 15C. That
14 sounds like it's supposed to be 156. I don't
15 know.
16 MR. KEENER: Is it 15C instead
17 --
18 MR. TOM HARLEY: I don't know.
19 MR. KEENER: -- of 156, or is
20 it -- 15C is on the drawing here.
21 MR. TOM HARLEY: I thought we
22 changed it.
23 MS. PICKARD: Okay. You can
24 just mark it, make sure it's correct.
25 And you are the owner of record
61
1 or are you --
2 MR. TOM HARLEY: I am on this
3 agreement.
4 MS. PICKARD: -- under an
5 agreement?
6 Oh, okay.
7 MR. COHEN: Am I correct that
8 you're here on two applications, one for minor
9 subdivision approval and the second is for the
10 planning module for sewage facilities?
11 MR. TOM HARLEY: Yes.
12 MR. COHEN: Okay.
13 (Discussion off the record.)
14 MR. COHEN: If it hasn't been
15 resolved, the To Who It May Concern letter in the
16 packet also suggests that the correct tax
17 identification number includes 15C.
18 MR. KERRICK: That's what it
19 has.
20 MR. COHEN: Okay.
21 MR. KERRICK: What's the
22 board's pleasure?
23 MR. KEENER: I make a motion we
24 approve the resolution for plan revision for new
25 development, planning module, Resolution No.
62
1 2007-019 for lands of Christopher Maguire lot
2 subdivision.
3 MS. PICKARD: I make that
4 subject to --
5 MR. KERRICK: Wait. Was that
6 -- that was for the planning -- that's only the
7 planning module.
8 MS. PICKARD: Okay. All right.
9 I'll second the motion.
10 MR. KERRICK: Questions or
11 comments from the board on the motion for the
12 planning module?
13 Questions or comments from the
14 public on the motion regarding the planning
15 module?
16 Call the vote. Anne.
17 MS. SINCAVAGE: I vote in
18 favor.
19 MR. KERRICK: Jamie.
20 MR. KEENER: I vote in favor.
21 MR. KERRICK: Hugh.
22 MR. LANBERTON: I vote in
23 favor.
24 MR. KERRICK: Heidi.
25 MS. PICKARD: I vote in favor.
63
1 MR. KERRICK: I vote in favor.
2 Motion carried.
3 Next on our agenda, the minor
4 subdivision.
5 What's the board's pleasure?
6 MR. KEENER: I make a motion we
7 approve the minor subdivision lands of Constant
8 Tse --
9 MR. TOM HARLEY: Tse, yes.
10 MR. KEENER: -- and Makiko Tse,
11 Chris Maguire minor subdivision, Project No. 2007
12 dash 020, in accordance with the township engineer
13 review, No. 2, including waivers 135 dash 15A.15,
14 135-17.L and M, 135 dash 18B.15.
15 MS. PICKARD: I'll second that
16 motion, if you amend that to include payment of
17 all taxes up-to-date.
18 MR. KERRICK: And verification
19 of payment of all taxes to date.
20 MR. KERRICK: Motion on the
21 floor amended, and a second?
22 You amend your --
23 MS. PICKARD: Yeah.
24 MR. KERRICK: Motion and
25 second.
64
1 Any questions or comments from
2 the board?
3 Questions or comments from the
4 public on the motion?
5 Call the vote. Anne?
6 MS. SINCAVAGE: I vote in
7 favor.
8 MR. KERRICK: Jamie?
9 MR. KEENER: I vote in favor.
10 MR. KERRICK: Hugh?
11 MR. LAMBERTON: I vote in
12 favor.
13 MR. KERRICK: Heidi?
14 MS. PICKARD: I vote in favor.
15 MR. KERRICK: I vote in favor.
16 Motion carried.
17 Thank you for your time.
18 MR. TOM HARLEY: Thank you.
19 MR. KERRICK: Next on our
20 agenda, Pinecrest Phase 7 time waiver.
21 MR. BRANDON CARROLL: You just
22 need a signature. I think it was faxed back to
23 you.
24 MR. KERRICK: We have a copy of
25 it.
65
1 We have a motion to approve?
2 MS. SINCAVAGE: So moved.
3 MR. KEENER: Second.
4 MR. KERRICK: Motion and
5 second.
6 Questions, comments?
7 MR. COHEN: Just -- could the
8 gentleman who made that comment, just please
9 identify himself for the record, please?
10 MR. BRANDON CARROLL: My name
11 is Brandon Carroll, C-A-R-R-O-L-L, vice president
12 of Pine Crest Development.
13 MR. COHEN: Thank you,
14 Mr. Carroll.
15 MS. PICKARD: What's the time
16 waiver extended to?
17 MR. COHEN: 90 days from the
18 date of this waiver.
19 MR. KERRICK: 30th day of
20 December 2007.
21 Questions or comments from the
22 public? It's getting smaller.
23 MR. KEENER: Is there a -- is
24 there a conflict there?
25 MR. COHEN: That 90 days is not
66
1 the 30th of December?
2 MR. KEENER: That's correct.
3 MR. COHEN: It appears that
4 way.
5 Mr. Carroll, do you want a 90
6 day waiver or a waiver until the end of December?
7 The 90 days would be more.
8 MR. BRANDON CARROLL: 90 days,
9 if that's the rule, is from today. Right?
10 MS. PICKARD: It's interesting,
11 it changes here, it says the 6th of January. When
12 was it? It might be 90 days from our old schedule
13 to --
14 MR. KERRICK: It was signed on
15 the 3rd of October.
16 MS. PICKARD: Does it extend it
17 90 days from the previous expiration?
18 MR. COHEN: It says from the
19 date of this waiver.
20 MR. KERRICK: I've got to see
21 what it is currently.
22 MS. PICKARD: Yeah, it's
23 extending it out 90 days from this. Is this it,
24 minor subdivision?
25 MR. KERRICK: No.
67
1 MS. PICKARD: I thought it was
2 October.
3 MR. KERRICK: What's the date,
4 anybody -- just put 90 days?
5 MS. SINCAVAGE: 90 days. It
6 should be. Shouldn't it be 90 days from 10/3 of
7 '07, when it was signed?
8 MR. KERRICK: Yes.
9 MR. BRANDON CARROLL: That's
10 probably the easiest -- I don't remember the last
11 time --
12 MR. KERRICK: That's usually
13 how it is, from when it's signed.
14 MR. BRANDON CARROLL: I think
15 -- I think it's always from when it's signed.
16 MR. KERRICK: So 90 days
17 starting October 3, '07, correct?
18 MS. SINCAVAGE: Yes.
19 MS. PICKARD: If we're going to
20 change it, you should have him initial it.
21 MR. COHEN: So if you delete
22 the last sentence and have the applicant initial
23 that, I think it should be --
24 MS. PICKARD: Well, we want to
25 have a set date, I mean, that was the point of
68
1 that form.
2 MR. KERRICK: Better get your
3 calendar.
4 MS. SINCAVAGE: Start counting
5 --
6 MS. PICKARD: Well, can we just
7 cross off the 90 days and make it, it shall end on
8 December 30?
9 MR. COHEN: Then it's not a 90
10 day --
11 MS. PICKARD: Does it have to
12 be?
13 MS. SINCAVAGE: It will be
14 January 1. Is that what you're guessing?
15 MR. BRANDON CARROLL: That's
16 what I'm guessing.
17 MR. KEENER: January 1?
18 MR. BRANDON CARROLL: That's a
19 holiday, so you got to make it --
20 MS. SINCAVAGE: So it would be
21 January 2, 2008.
22 Are we going to change the
23 letter, the waiver or just redo it?
24 MR. LAMBERTON: Can we just
25 make a change and have it initialed?
69
1 MR. COHEN: Have the applicant
2 change it and then redo the motion.
3 MS. PICKARD: Can you sign
4 this?
5 MS. SINCAVAGE: Yes, I'll redo
6 the motion.
7 MS. PICKARD: Read January 2,
8 of 2008?
9 MS. SINCAVAGE: Is that okay
10 with everybody?
11 MR. KERRICK: Yes.
12 MR. LAMBERTON: Yeah.
13 MS. SINCAVAGE: Okay. I make a
14 motion to approve waiver of usual time requirement
15 to January 2, 2008 for Pinecrest Phase 7.
16 MR. KEENER: Second.
17 MR. KERRICK: Basically you're
18 amending your motion, because we already had one
19 on the floor.
20 MS. SINCAVAGE: Yes. I'll
21 amend my motion to that.
22 MR. KERRICK: And you amended
23 your second?
24 MR. KEENER: That's correct.
25 MR. KERRICK: It's complicated
70
1 tonight.
2 Any questions or comments from
3 the public?
4 Call the vote. Anne?
5 MS. SINCAVAGE: I vote in
6 favor.
7 MR. KERRICK: Jamie?
8 MR. KEENER: I vote in favor.
9 MR. KERRICK: Hugh?
10 MR. LAMBERTON: I vote in
11 favor.
12 MR. KERRICK: Heidi?
13 MS. PICKARD: I vote in favor.
14 MR. KERRICK: I vote in favor.
15 Done.
16 Next on our agenda, Brick City
17 land development waiver with planning commision's
18 recommended conditions. 6-M in your packet.
19 What's the board's pleasure?
20 Everyone's familiar with Brick City?
21 MR. COHEN: I'm not, but we'll
22 let it go for today.
23 MR. KERRICK: Basically, it's a
24 commercial property. It's on the tip of our
25 township. The only thing that's in Tobyhanna
71
1 Township is the entrance to it, everything else
2 will be in Coolbaugh Township. That's why they're
3 asking for a waiver, but the planning commission
4 wanted to add these conditions.
5 So if you can make that part of
6 your motion, please?
7 MS. SINCAVAGE: I make a motion
8 to approve Brick City proposd waiver of land
9 development process with the following conditions:
10 No. 1. Applicant to comply with all Tobyhanna
11 Township ordinance for the land situated in
12 Tobyhanna Township.
13 No. 2. Tobyhanna Township to
14 receive two copies of all submittals,
15 resubmittals, correspondance, meeting minutes,
16 recommendations and decisions of Coolbaugh
17 Township.
18 No. 3. Tobyhanna Township to
19 have the opportunity to provide written comments
20 to Coolbaugh Township.
21 No. 4. Applicant to add
22 landscaping; for example, streets, trees along
23 Spruce Drive and SR940, as recommened by the
24 Tobyhanna Township Planning Commision.
25 No. 5. Tobyhanna Township to
72
1 review stormwater management.
2 No. 6. Tobyhanna Township to
3 review roadway access and issue an access permit
4 as may be deemed appropriate.
5 MS. PICKARD: I second the
6 motion.
7 MR. KERRICK: Motion and
8 second.
9 Questions or comments from the
10 board?
11 Questions or comments from the
12 public?
13 Call the vote. Anne?
14 MS. SINCAVAGE: I vote in
15 favor.
16 MR. KERRICK: Jamie?
17 MR. KEENER: I vote in favor.
18 MR. KERRICK: Hugh?
19 MR. LAMBERTON: I vote in
20 favor.
21 MR. KERRICK: Heidi?
22 MS. PICKARD: I vote in favor.
23 MR. KERRICK: I vote in favor.
24 Motion carried.
25 Next on our agenda, S.I.D.E.
73
1 Corporation Lot 13 land development plan request
2 for extension of time to record the plans at the
3 county courthouse.
4 Just need a motion to --
5 MR. KEENER: I make a motion we
6 provide a six month extension to record the -- to
7 file the plan in order for a receipt of the NPDES
8 permit from DEP.
9 MS. PICKARD: I'll second the
10 motion.
11 MR. KERRICK: Motion and second
12 on the floor.
13 Questions or comments from the
14 board?
15 Questions or comments from the
16 public?
17 Call the vote. Anne?
18 MS. SINCAVAGE: I abstain.
19 MR. KERRICK: Jamie?
20 MR. KEENER: I vote in favor.
21 MR. KERRICK: Hugh?
22 MR. LAMBERTON: I vote in
23 favor.
24 MR. KERRICK: Heidi?
25 MS. PICKARD: I vote in favor.
74
1 MR. KERRICK: I vote in favor.
2 Motion carried.
3 Last on our agenda, appointment
4 to planning commission.
5 MS. PICKARD: I make a motion
6 we appoint Anne Lamberton to the Tobyhanna
7 Township Planning Commission.
8 MR. KEENER: Second.
9 MR. KERRICK: Motion and second
10 on the floor.
11 Questions or comments?
12 Questions or comments from the
13 public?
14 Call the vote. Anne?
15 MS. SINCAVAGE: I vote in
16 favor.
17 MR. KERRICK: Jamie?
18 MR. KEENER: I vote in favor.
19 MR. KERRICK: Hugh?
20 MR. LAMBERTON: I abstain.
21 MR. KERRICK: Heidi?
22 MS. PICKARD: I vote in favor.
23 MR. KERRICK: I vote in favor.
24 Motion carried.
25 Anyone from the board have
75
1 anything else they'd like to discuss?
2 MS. PICKARD: I'd like to
3 announce that Halloween trick or treat hours are
4 Wednesday, October 31 from five until eight p.m.
5 MR. KERRICK: And also that
6 this is -- this week is fall cleanup, started
7 today, October 8 through Saturday, October 13.
8 Hours of operation, Monday through Friday, nine
9 a.m. to five p.m. and Saturday eight to three.
10 Anyone from the public?
11 Miss Snell?
12 MS. SUE SNELL: Front page of
13 the Pocono Record this morning talks about the
14 renumbering of the streets for the 9/11 -- 911.
15 I just wondered where our
16 township was, are we renumbering? Is there
17 someone assigned to do this? As several
18 townships, they mentioned, they finished this
19 project already.
20 MS. PICKARD: All our
21 information is being sent to the county. It's my
22 understanding that the county would be compiling
23 all that information.
24 We hired Pocono GIS to do the
25 door to door, and I don't know if you received a
76
1 little packet on your door knob?
2 MS. SUE SNELL: No.
3 MS. PICKARD: Okay. Well,
4 that's good to know.
5 MR. KERRICK: Would her
6 neighborhood have been done by somebody else
7 besides GIS?
8 MS. PICKARD: The developments
9 mostly did their own.
10 MR. KERRICK: The majority of
11 the developments helped by doing their own. And
12 then we had some outstanding areas and then Pocono
13 GIS. I know they just did the Locust Ridge area
14 this past week.
15 MS. SUE SNELL: What about AC62
16 and AC89? I'm just wondering what's going to
17 happen to those home carry routes or --
18 MR. KERRICK: It doesn't
19 necessarily -- it doesn't necessarily going to
20 change your mailing address. What you're going to
21 have is a physical address.
22 MS. PICKARD: Street address.
23 MR. KERRICK: Street address,
24 every 58 point --
25 MS. PICKARD: 52.8 feet.
77
1 MS. SUE SNELL: And you haven't
2 -- and you didn't get a packet on your door, you
3 don't know