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, November 12, 2007 beginning at 7:10 p.m.
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PRESENT: HEIDI A. PICKARD, Vice-Chairperson
ANNE SINCAVAGE, Board Member
HUGH LAMBERTON, Board Member
JAMIE B. KEENER, Board Member
EMANUEL KAPELSOHN, ESQUIRE, Solicitor
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______________________________________________________________
PANKO REPORTING
537 Sarah Street, 2nd Floor
Stroudsburg, Pennsylvania 18360
(570) 421-3620
2
1 MS. PICKARD: We'll open the meeting
2 with the Pledge of Allegiance.
3 (Pledge of Allegiance was recited.)
4 MS. PICKARD: I make a motion to
5 consider the minutes of September 10, regular
6 business meeting.
7 MR. KEENER: So moved.
8 MS. SINCAVAGE: Second.
9 MS. PICKARD: Any discussion? All
10 those in favor?
11 Anne?
12 MS. SINCAVAGE: I vote in favor.
13 MS. PICKARD: Jamie?
14 MR. KEENER: I vote in favor.
15 MS. PICKARD: Hugh?
16 MR. LAMBERTON: I vote in favor.
17 MS. PICKARD: Motion carries.
18 Consider the treasurer's report of
19 bill pack in the amount of $127,134.23.
20 MS. SINCAVAGE: I make a motion we
21 approve bill pack dated November 12, 2007 in the
22 amount of $127,134.23.
23 MR. KEENER: Second.
24 MS. PICKARD: I have a motion and
25 second.
3
1 Any discussion?
2 Call the vote.
3 Annie?
4 MS. SINCAVAGE: I vote in favor.
5 MS. PICKARD: Jamie?
6 MR. KEENER: I vote in favor.
7 MS. PICKARD: Hugh?
8 MR. LAMBERTON: I vote in favor.
9 MS. PICKARD: I vote in favor.
10 Do we have a solicitor's report?
11 MR. KAPELSOHN: Yes. I would just
12 report that, as the board already knows, the law
13 firm with which I'm associated demerged about a
14 week and a half ago from the firm it had initially
15 merged with about 18 months ago. Our resulting
16 firm is Lesavoy, Butz & David, LLC. We're still
17 located in the same place in Allentown.
18 All of our lawyers in Allentown,
19 which are all of us who have ever done work for the
20 township, remain with our firm in that office. And
21 I submitted a letter to the board indicating our
22 new firm and that we would continue to serve as
23 solicitors for the coming year, as well as for the
24 remainder of this year at the same rates that were
25 previously used in 2006 and 2007 until now.
4
1 MS. PICKARD: Okay. Thank you,
2 Manny.
3 MR. KEENER: Excuse me. You said
4 Lesavoy, Butz and what?
5 MR. KAPELSOHN: Excuse me. Lesavoy,
6 Butz & Seitz, S-e-i-t-z, LLC.
7 MS. PICKARD: New business.
8 Pinecrest Phase 1 letter of credit reduction. This
9 is a ratification of a release of $18,000 on
10 Pinecrest Lake Homes, letter of credit for work
11 that was completed.
12 MR. KEENER: I make a motion we
13 approve the reduction of the letter of credit No.
14 170022051 in the amount of $18,000; and that is
15 authorization No. 9.
16 MR. LAMBERTON: I'll second the
17 motion.
18 MS. PICKARD: We have a motion and a
19 second.
20 Do we have any discussion?
21 Call the vote.
22 Anne?
23 MS. SINCAVAGE: I vote in favor.
24 MS. PICKARD: Jamie?
25 MR. KEENER: I vote in favor.
5
1 MS. PICKARD: Hugh?
2 MR. LAMBERTON: I vote in favor.
3 MS. PICKARD: And I vote in favor.
4 Item B is assignment of transfer station lease to
5 Panther Waste Systems. We had approved last
6 month's lease with James Smith. James Smith was
7 employed by Panther Waste and did an assignment to
8 his firm, the firm of Panther Waste, and we're just
9 ratifying that. They are currently in operation
10 now. We have all their courier insurance
11 information. And we're looking for a motion to
12 modify -- to authorize the assignment.
13 MR. KEENER: So moved.
14 MS. SINCAVAGE: Second.
15 MS. PICKARD: We have a motion and a
16 second.
17 Do we have any discussion?
18 Call the vote.
19 Anne?
20 MS. SINCAVAGE: I vote in favor.
21 MS. PICKARD: Jamie?
22 MR. KEENER: I vote in favor.
23 MS. PICKARD: Hugh?
24 MR. LAMBERTON: I vote in favor.
25 MS. PICKARD: And I vote in favor.
6
1 Item C is PA Glacial Till Company preliminary/final
2 land development.
3 Is there anyone here from PA Glacial
4 Till? Mr. Dirvonas?
5 MR. THOMAS F. DIRVONAS: Yes, we
6 are. My name is Tom Dirvonas and I represent
7 Pennsylvania Glacial Till. We have been in contact
8 with your engineer. We have been in contact with
9 your solicitor over the past month, attempting to
10 finalize some documents.
11 Hopefully with regard to the final
12 approval of the land development plan, I believe
13 that your engineer has approved all aspects of the
14 land development plan. There are a few side
15 agreements. I have shared those with Manny. In
16 fact, I have here, if you should decide to look at
17 those in further detail, a termination of a
18 drainage easement agreement.
19 Okay, that was the former agreement
20 that was entered into with Bob Selig before he sold
21 the property. And we also have a new easement and
22 optimacy maintenance agreements which has to do
23 with the location of two drainage lines and one
24 water line over Caughbaugh Road.
25 We've gone over those in some
7
1 detail. Bob McHale suggested a couple of
2 additional changes earlier this morning which we've
3 incorporated in the final documents. I don't know
4 if you wish to see copies of the final documents.
5 I think Manny has received copies of those.
6 MR. KAPELSOHN: Actually, Bob McHale
7 and I met at five o'clock today, and there were a
8 few additional changes, which I don't think will be
9 a problem. But I would like to see a copy of what
10 you have there to compare it to what I now have to
11 give you, when we have a chance.
12 MR. THOMAS F. DIRVONAS: That's the
13 final easement and --
14 MR. KAPELSOHN: The termination of
15 the easement was fine as is.
16 MR. THOMAS F. DIRVONAS: Okay. So
17 we have those final documents. The managing member
18 of Glacial Till asked me to convey his apologies.
19 He was flying in by private plane from New Jersey.
20 He got into Mount Pocono and they had 300-foot
21 visibility and they could not land. He did intend
22 on being here. I can contact him by cell phone,
23 but, again, he's reviewed everything; he is in
24 total agreement with, you know, all of these
25 documents.
8
1 I don't know if the board or your
2 solicitor have any questions or if you would
3 request a formal presentation at this point. Most
4 of the information has already been presented, but
5 we do have our engineer, Bill Greiner, from Optimum
6 Associates.
7 We also have our mining engineer
8 here. While his comments are probably not, you
9 know, really germane to your actual approval of the
10 land development, we did make him available tonight
11 in case the board might have any questions as far
12 as the background of the project.
13 MR. KAPELSOHN: Let me just comment
14 on my side of things here. The termination of
15 easement looks fine.
16 MR. THOMAS F. DIRVONAS: Okay.
17 MR. KAPELSOHN: And I don't want to
18 blind-side you with the other one, but Bob McHale
19 and I -- he talked to me midafternoon and said he
20 had some further changes. And we met about that at
21 five o'clock this afternoon, on the easement
22 itself, for the water line and two sewer lines.
23 I don't think that the additional
24 changes will be ones that you will find
25 objectionable, but I have them only in handwritten
9
1 form at the moment.
2 I would recommend to the board in
3 that regard that if they're so inclined to approve
4 this application tonight, they could approve it
5 subject to us finalizing these easements and
6 executing them in a form that's acceptable to the
7 township, as well as to yourself, and also subject
8 to your providing the bond that is required.
9 MR. THOMAS F. DIRVONAS: Yes.
10 MR. KAPELSOHN: And that's the
11 $13,000 bond.
12 MR. THOMAS F. DIRVONAS: That's not
13 a problem.
14 MR. KAPELSOHN: So this need not
15 hold up any approval if the board wishes to grant
16 an approval tonight.
17 MR. THOMAS F. DIRVONAS: I can tell
18 you on behalf of the client that, you know, that is
19 not a problem.
20 MS. PICKARD: What's the board's
21 pleasure?
22 MR. KEENER: So the two bonds -- two
23 bonds, correct?
24 MR. KAPELSOHN: Well, we had
25 discussed the other one which was the bond for not
10
1 exactly maintenance, but what would happen in the
2 event that the easements were ever abandoned and
3 that was to require a $3,000 bond.
4 And I think you said your client
5 would, in lieu of that, provide a $3,000 check.
6 MR. THOMAS F. DIRVONAS: Well, we
7 could do that either way.
8 MR. KAPELSOHN: The one bond that's
9 clearly required is the $13,000 performance bond.
10 MR. KEENER: One's a performance
11 bond and the other one's maintenance?
12 MR. THOMAS F. DIRVONAS: Yes.
13 MR. KAPELSOHN: Maintenance in the
14 sense of a guarantee against ultimate abandonment,
15 not a normal maintenance type situation bond.
16 MR. THOMAS F. DIRVONAS: We also
17 have language built into that easement agreement
18 indicating that you could file a municipal lien in
19 the event that repairs were required and my client
20 does not do them. And, of course, a municipal lien
21 has, you know, a higher status than any normal
22 judgment.
23 MR. KEENER: I'll make a motion we
24 approve the land development application project
25 No. 2000-012 for the entire hill quarry, PA Glacial
11
1 Till, LLC with waivers of Sections 135-17 L and M,
2 135-22B(3).
3 And I'm seeing 113. Is it -- is
4 that -- how do you -- that's not part of the
5 discussion. I'm going to say 135-12D(2), and
6 execution of the termination of the existing
7 easement, execution -- approval and execution of
8 the new easement, and the performance bond and
9 maintenance bond.
10 MS. PICKARD: Do you also want to
11 include Bob McHale's review letter, review No. 3,
12 dated September 6, 2007?
13 MR. KEENER: Yes.
14 MS. PICKARD: Okay. We have a
15 motion on the floor.
16 MR. LAMBERTON: Second the motion.
17 MS. PICKARD: Any discussion?
18 Are you satisfied with the --
19 MR. KAPELSOHN: I am. I believe we
20 can work these details out to our satisfaction.
21 We've made it a condition of the approval in any
22 event.
23 MS. PICKARD: Call the vote.
24 Anne?
25 MS. SINCAVAGE: I vote in favor.
12
1 MS. PICKARD: Jamie?
2 MR. KEENER: I vote in favor.
3 MS. PICKARD: Hugh?
4 MR. LAMBERTON: I vote in favor.
5 MS. PICKARD: I vote in favor.
6 Motion carried.
7 MR. THOMAS F. DIRVONAS: Thank you
8 very much. Just by way of recordkeeping, would you
9 prefer that we agree on the change in terms and
10 then I have my client sign the documents first
11 before submission to you?
12 MR. KAPELSOHN: I will -- I could
13 give you these in handwritten form tonight if I can
14 copy them, but I assume you're planning to leave
15 now at this point. Well, then let me contact you
16 tomorrow. We'll get you these electronically and
17 then we'll figure out where to go from there.
18 MR. THOMAS F. DIRVONAS: Okay.
19 Great. Thank you all.
20 MR. WILLIAM GREINER: If there are
21 no changes to the plan, I have six sets of plans
22 here.
23 Is it all right if I leave them for
24 you?
25 MR. THOMAS F. DIRVONAS: That was
13
1 Mr. Greiner, I'm sure you're aware, for the record.
2 MS. PICKARD: Next item we have,
3 Michael's Carpet land development plan.
4 Is there anyone here representing
5 Michael's Carpet? This is a revision of the
6 original land development plan, I believe.
7 MR. KAPELSOHN: May I address one
8 aspect of this?
9 MS. PICKARD: Yes, please.
10 MR. KAPELSOHN: My understanding,
11 from speaking with Township Engineer Bob McHale, is
12 that the revised plan shows a number of changes
13 including a change in a driveway or clearance width
14 to make the plan compliant with the fire code. But
15 the concern that was expressed to me was that,
16 again, Mr. McHale was unaware that the actual
17 physical change had been made in this item of
18 construction, which was already completed.
19 So I think it's important for the
20 board to put a completion date, a time limit, on
21 any approval it might grant so that the applicant
22 has to actually complete that work within a
23 specified time.
24 MR. LAMBERTON: Did Mr. McHale have
25 any recommendation as to a time?
14
1 MR. KAPELSOHN: He was talking about
2 something like March or April perhaps. He didn't
3 seem to be as concerned with the exact length of
4 time as that there be a definite time.
5 (Discussion off the record.)
6 MR. KEENER: Do we have a time frame
7 on this one? Our action period is up? Do we need
8 to take action on this tonight?
9 MS. PICKARD: From looking at our
10 notes here, the original said June.
11 MS. SINCAVAGE: Right. If you go on
12 the back of the last page there's a letter from
13 Carbon Engineering. I believe that that's dated
14 October 18.
15 MS. PICKARD: Okay.
16 MR. KEENER: The engineer's letter
17 is dated May 31 and has he reviewed the October 15
18 drawings?
19 MS. PICKARD: My discussion with
20 Bob, he said that everything was fine. He just
21 wanted to have a completion date of those items,
22 and he wanted the reporting of the executed
23 agreement at the courthouse. That's between Janet
24 Scarteli (phonetic) and Mr. DelCampo (phonetic).
25 MR. KAPELSOHN: That would be by
15
1 revising Section 4 which is entitled Recordation,
2 which starts off: This agreement may be recorded
3 to revise this prior to execution. So that it
4 would read this excuse shall be recorded.
5 MS. PICKARD: Where were you at?
6 MR. KAPELSOHN: The easement
7 agreement itself. Made to show.
8 MS. SINCAVAGE: Manny, do you know
9 if this is the access driveway or a parking lot?
10 I'm reading the decision of the zoning hearing
11 board.
12 MR. KAPELSOHN: It is the
13 driveway -- I'm calling it a driveway on the south
14 side of the building that is now shown as 20 feet;
15 but actually the guardrail right now, as I
16 understand it, is 18 feet away from the building.
17 So the guardrail needs to be moved for it to
18 actually comply with what the drawing shows.
19 MR. KEENER: Here's the 20 feet.
20 You need to have 20 feet.
21 MR. KAPELSOHN: I'm calling it the
22 south. It's sort of the southwest side of the
23 building.
24 MS. SINCAVAGE: And that's what Bob
25 McHale wants us to do, the time it has to be done
16
1 by?
2 MR. KAPELSOHN: That and I think
3 there may be one or two other changes on that from
4 the previous drawing, but a time to perform the
5 changes.
6 MS. PICKARD: The decision from the
7 zoning hearing board is dated October 10.
8 MS. SINCAVAGE: I just would feel
9 more comfortable knowing what we are -- the exact
10 changes that are going to be made. We know it's
11 just that one change for that guardrail, guide
12 rail, or whatever, but we don't know what else
13 there is.
14 MR. KAPELSOHN: I think Mr. McHale
15 knows what else there is. I understood it to be
16 changes shown on this drawing from the previous
17 one, but I couldn't tell you what they all are
18 except that one that was discussed with me.
19 MS. SINCAVAGE: Can we do changes as
20 reflected on the December drawing?
21 MR. KAPELSOHN: I believe so.
22 MS. SINCAVAGE: Can we do it that
23 way?
24 MR. KAPELSOHN: I think so, yes. If
25 that's the date that's on there.
17
1 MS. PICKARD: The building that's
2 occupied does not have an occupancy permit. It
3 went to the zoning hearing board to correct the
4 inadequacies.
5 MR. KEENER: And Bob didn't prepare
6 a revised review letter?
7 MS. PICKARD: I think everything is
8 mostly -- it says in this list here that the
9 remaining required equipment be completed 60 days
10 of the zoning hearing board's decision, which are
11 the ones that are listed in the zoning hearing
12 board.
13 MR. KEENER: When was this --
14 MS. PICKARD: They allowed the
15 smaller parking spaces and the one issue that Manny
16 mentioned about the 20 feet.
17 MR. KEENER: When was this written?
18 This was at the June 2007, is what it's saying
19 here.
20 MS. SINCAVAGE: Were they back
21 before the planning commission in October or
22 September? I'm thinking I have Bob McHale's
23 synopsis in the back room. Is it there?
24 MR. KAPELSOHN: I believe that
25 that's correct, that they were back before the
18
1 planning commission just recently.
2 MS. SINCAVAGE: Do you have it?
3 He's got it. Does it say anything? No? They must
4 have been before the October -- oh, no, that was
5 their October meeting. I wonder if they were just
6 there in the November meeting because they just had
7 their meeting.
8 MR. KEENER: Last week.
9 MS. PICKARD: If you don't feel
10 comfortable, you want to table it?
11 MS. SINCAVAGE: I prefer to table it
12 since they're operating anyway without an occupancy
13 permit up until now. I make a motion to table
14 Michael's Carpet land development plan.
15 MR. KEENER: Second.
16 MS. PICKARD: Motion and second.
17 Any further discussion from the
18 board?
19 Public?
20 Call the vote.
21 MS. SINCAVAGE: I vote in favor.
22 MR. KEENER: I vote in favor.
23 MR. LAMBERTON: I vote in favor.
24 MS. PICKARD: And I vote in favor.
25 Motion tabled with Anne and Jamie.
19
1 Next on our agenda, Creek View
2 Estates minor subdivision.
3 Is there anyone here from Creek View
4 Estates?
5 MR. CHARLES H. UNANGST: Good
6 evening. I'm Charlie Unangst with Hanover
7 Engineering. I have Mr. Berardi here, the owner.
8 Should I continue along or do you have -- do you
9 need an explanation of what we're doing?
10 This is the first time we're in
11 front of you. We've been in front of the planning
12 commission for a couple of months already.
13 MR. KEENER: Could you give us a
14 quick presentation?
15 MR. CHARLES H. UNANGST: Sure. Does
16 everyone have a plan or should I put one up?
17 MS. SINCAVAGE: For the public, if
18 you could put one up.
19 MR. CHARLES H. UNANGST: Sure.
20 Okay, we have a hundred and thirty six acre tract
21 along 115, just south of 940 Blakeslee Corner.
22 It's on the west side of 115. On the south side
23 and around the west side is the Tobyhanna Creek.
24 The township owns property directly adjacent to the
25 Tobyhanna Creek, sort of from the middle of our
20
1 tract eastward towards 115 is the township strip in
2 there that they've recently purchased, I believe.
3 What we're looking to do is -- the
4 front corner, Lot 1, presently has a zoning line
5 commercial and residential that cuts down in a
6 north and south direction that's pretty much
7 parallel with 115, that is right in the western
8 side of Lot 1. What we have done is have Lot 1 and
9 then a thinner Lot 2, which is about 23 acres in
10 size, proposed to the west of that; and then Lot 3
11 is an 87-acre site which is -- has the frontage
12 along the Tobyhanna Creek along the south and to
13 the west.
14 Right now, again, Lot 1 is
15 commercial, Lot 2 and 3 are in the residential
16 zone. It's been brought to our attention through
17 the township that the township may be interested in
18 some of this land. And the subdivision was
19 prepared to leave a larger tract to the west and
20 back along the creek for possible negotiations and
21 sale to the township for open space. With that,
22 though, the front two lots would be maintained or
23 sold off by the property owner.
24 Again, at this time the zoning line
25 cuts down the property line of Lots 1 and 2. And
21
1 there was some discussion of possibly requesting
2 that that zoning line be changed and pushed back to
3 the western side of Lot 2.
4 If you look to the north or the
5 upper side of the drawing, the Blakeslee Corner
6 project existing lot line or zoning line, there is
7 on the western side of the commercial piece, that
8 shows the detention pond right now, but it would be
9 on the left or the western side of that.
10 And if the township would consider
11 this, we'd like to extend that zoning line straight
12 down through our property to our southern tract
13 line so that it would leave about a 50-acre tract
14 of commercial but then the remaining Lot 3 area
15 would remain as residential.
16 For tonight right now what we are
17 here for is just the subdivision of this. And if
18 there was any questions or anything on the other
19 discussion, we'll gladly try to answer those
20 questions; but right now we've been in front of the
21 planning commission.
22 We do have a number of waivers we're
23 requesting. Basically all the waivers deal with
24 the fact that we are not proposing any development
25 at this time. And the ordinance, as it reads, you
22
1 know, highway occupancy permits, storm water, sewer
2 water, everything else. The waivers have been
3 discussed through the township planning commission
4 and the township engineer, they are placed on the
5 drawing.
6 And also, in addition to that, there
7 was a unilateral declaration of the covenants for
8 conditions and restrictions that was prepared
9 through the township attorney and Joe
10 Wiener (phonetic), who's the developer's attorney
11 and have gone back and forth with that. And I
12 believe Mr. Berardi has signed that already as
13 accepting those conditions. So that does run with
14 this plan.
15 Basically what it states is we'll
16 cooperate the best we can for any future
17 development to line up the driveway across the
18 street with Ferncroft. Also, that these waivers
19 are only good for these plans and in the future
20 development the waivers are null and void,
21 basically, and we realize all that situation.
22 So any questions? If not, I'll --
23 MR. KEENER: Manny, have you
24 reviewed --
25 MR. KAPELSOHN: I have reviewed it
23
1 now and it's acceptable to me. And it's previously
2 been reviewed by Pat Armstrong at Grim, Biehn &
3 Thatcher.
4 MS. PICKARD: And approval would be
5 contingent on an execution and recording of those
6 covenants?
7 MR. CHARLES H. UNANGST: Oh,
8 definitely, yes. I'm sorry, it's a little
9 confusing. I believe my client has signed that
10 last time and I don't know if there's been any
11 revisions from -- in the township, your group. If
12 not, we would have to then execute it between the
13 township again and then record it.
14 We have no problem with that. We
15 actually thought that we did our part in signing
16 off and thought maybe the township was recording
17 that.
18 MR. KAPELSOHN: I haven't seen the
19 signed one. I just see the draft one from Pat
20 Armstrong.
21 MR. CHARLES H. UNANGST: And that's
22 fine. I was --
23 MR. MICHAEL BERARDI: I did sign one
24 and send it in. I'm not sure if Pat Armstrong has
25 it or who has it.
24
1 MR. KAPELSOHN: I'm not sure either,
2 but we can compare it. If it's the same as this
3 one, you don't need to sign it again.
4 MR. CHARLES H. UNANGST: If not,
5 we'll gladly execute it. So basically we're here
6 to ask for approval and then move on.
7 MS. PICKARD: What's the board's
8 pleasure?
9 MS. SINCAVAGE: I make a motion we
10 approve Creek View Estates minor subdivision.
11 That's what we're doing? Yes. Minor subdivision,
12 Project No. 2007-013. We have the declaration of
13 covenants executed?
14 MR. KAPELSOHN: Excuse me?
15 MS. SINCAVAGE: The declaration of
16 covenants, we don't know if that's executed?
17 MR. KAPELSOHN: I don't know if
18 that's executed in the form that that has been
19 approved by Pat Armstrong and myself.
20 MS. SINCAVAGE: It will make it
21 conditional upon --
22 MR. KAPELSOHN: It will make it
23 conditional on.
24 MR. MICHAEL BERARDI: Do you have a
25 copy of that?
25
1 MR. KAPELSOHN: The one that the two
2 attorneys --
3 MR. MICHAEL BERARDI: Can I just
4 take a look at it?
5 MR. KAPELSOHN: Yes, certainly.
6 MS. SINCAVAGE: Township engineer
7 review letter dated 9/27/2007. Waiver SALDO
8 Section 135-15A(15); SALDO Section 135-15A(25);
9 SALDO Section 135-15A(27); SALDO Sections 135-17 L,
10 M, U and V; SALDO Section 135-18B(13); storm water
11 ordinance, Chapter 124.
12 MS. PICKARD: We have a motion. Do
13 we have a second?
14 MR. LAMBERTON: Second the motion.
15 MS. PICKARD: Motion and second on
16 the floor.
17 Any discussion from the board?
18 Any discussion from the public?
19 Call the vote.
20 Anne?
21 MS. SINCAVAGE: I vote in favor.
22 MS. PICKARD: Jamie?
23 MR. KEENER: I vote in favor.
24 MS. PICKARD: Hugh?
25 MR. LAMBERTON: I vote in favor.
26
1 MS. PICKARD: And I'll vote in
2 favor.
3 MR. CHARLES H. UNANGST: Thank you.
4 If we would like to approach the township then for
5 a zoning change that would be available to be
6 presented to the board, I believe, as a request and
7 then we get sent back through the planning
8 commission for a hearing and then back to you or
9 should we have our attorney contact Mr. Kapelsohn?
10 MR. KAPELSOHN: Have your attorney
11 contact me. I have to just check and make sure
12 what the proper sequence is.
13 MR. CHARLES H. UNANGST: I don't
14 mean to talk for the board or anything. Has this
15 been discussed in general that we would be
16 requesting this zoning change?
17 MS. PICKARD: I think we discussed
18 it in our work session and other times when you've
19 been before us, when you've talked about the open
20 space.
21 MR. CHARLES H. UNANGST: Are there
22 any comments or questions or should I just wait
23 until I bring it in front of the township?
24 MR. MICHAEL BERARDI: Can I ask just
25 a question? Is there an opportunity to have
27
1 another work session discussion with respect to the
2 rest of the properties so that we can talk about
3 what we're gonna do? Because we're really in favor
4 of doing something that's complimentary to the
5 township.
6 And we're prepared to sit down with
7 whomever the attorney and sit down and just have a
8 workshop type of discussion as to how to best
9 proceed and what exactly the township's looking
10 for. And money's always an obstacle. And based on
11 the timing of such that there's -- like I said,
12 we're very favorable with conditions with respect
13 to the property to do something for the township so
14 that we can move on with the commercial side.
15 So we're just looking for like a
16 work session to just get some good feedback so we
17 know we're going in the right direction.
18 Would you entertain doing something
19 like that?
20 MS. PICKARD: First Monday of the
21 month we currently have a work session at 10 a.m.
22 MR. MICHAEL BERARDI: Which is?
23 MR. KEENER: December 3.
24 MS. PICKARD: December 3.
25 MR. MICHAEL BERARDI: And can we put
28
1 ourselves on the agenda to be at that meeting?
2 MS. PICKARD: I can do that. I
3 would suggest you call the office as well.
4 MR. MICHAEL BERARDI: Okay. All
5 right. Thank you.
6 MS. PICKARD: But I will make a note
7 and tell the girls --
8 MR. MICHAEL BERARDI: Very good.
9 MS. PICKARD: -- that we would want
10 to put it on. I'm not sure whether the zoning
11 change would be separate from --
12 MR. MICHAEL BERARDI: Oh, no, that's
13 separate. This is just for discussion.
14 Absolutely, no.
15 MR. CHARLES H. UNANGST: Thank you
16 very much.
17 MR. MICHAEL BERARDI: Thank you.
18 MS. PICKARD: Thank you.
19 Next on our agenda -- the next
20 several items on our agenda we have professional
21 service agreements for ratification, the first
22 being Arcadia Properties, New Ventures Park
23 professional service agreement.
24 MR. KEENER: I make a motion we
25 approve the professional service agreement with
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1 Arcadia Properties, LLC for Lot 1800 in New
2 Ventures Park.
3 MS. PICKARD: We have a motion on
4 the floor.
5 MR. LAMBERTON: Second.
6 MS. PICKARD: Motion and second.
7 Any discussion on the acceptance of
8 the professional service agreement from the board?
9 Public?
10 All those in favor?
11 Anne?
12 MS. SINCAVAGE: I abstain.
13 MR. KEENER: I vote in favor.
14 MR. LAMBERTON: I vote in favor.
15 MS. PICKARD: And I vote in favor.
16 The second is Arcadia Properties,
17 LLC, Lot 1, New Ventures Park.
18 MR. KEENER: I'll make a motion to
19 approve the professional service agreement for
20 Arcadia Properties, LLC, Lot 110, New Ventures
21 Park.
22 MR. LAMBERTON: Second the motion.
23 MS. PICKARD: Motion and second.
24 Any discussion from the board?
25 Public?
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1 Call the vote.
2 Jamie or Anne?
3 MS. SINCAVAGE: I abstain.
4 MS. PICKARD: Jamie?
5 MR. KEENER: I vote in favor.
6 MS. PICKARD: Hugh?
7 MR. LAMBERTON: I vote in favor.
8 MS. PICKARD: And I vote in favor.
9 We have V&M Realty, New Ventures
10 Park.
11 MR. KEENER: I make a motion we
12 approve the professional service agreement for V&M
13 Realty, New Ventures Park.
14 MR. LAMBERTON: Second the motion.
15 MS. PICKARD: We have a motion and
16 second.
17 Any discussion from the board?
18 From the public?
19 Call the vote.
20 Anne?
21 MS. SINCAVAGE: I abstain.
22 MS. PICKARD: Jamie?
23 MR. KEENER: I vote in favor.
24 MS. PICKARD: Hugh?
25 MR. LAMBERTON: I vote in favor.
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1 MS. PICKARD: And I vote in favor.
2 Pocono Manor investors, L.P.,
3 planned residential development professional
4 services agreement. Motion to approve.
5 MS. SINCAVAGE: I make a motion we
6 approve the professional services agreement for
7 Pocono Manor Investors, L.P.
8 MR. LAMBERTON: Second the motion.
9 MS. PICKARD: We have a motion and
10 second to approve Pocono Manor Investors, L.P.,
11 planned residential development professional
12 services agreement.
13 Any discussion from the board?
14 From the public?
15 Call the vote.
16 Anne?
17 MS. SINCAVAGE: I vote in favor.
18 MS. PICKARD: Jamie?
19 MR. KEENER: I abstain.
20 MS. PICKARD: Hugh?
21 MR. LAMBERTON: I vote in favor.
22 MS. PICKARD: And I vote in favor.
23 Okay. Next on our agenda we have
24 modification of the authorization to transfer our
25 files from Lamm, Rubenstone, Lesavoy, Butz and
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1 David, LLC to Lesavoy, Butz, Seitz, LLC.
2 MR. KEENER: I make that motion.
3 MS. SINCAVAGE: I'll second the
4 motion.
5 MS. PICKARD: We have a motion and
6 second.
7 Any discussion from the board?
8 Any discussion from the public?
9 Call the vote.
10 Anne?
11 MS. SINCAVAGE: I vote in favor.
12 MS. PICKARD: Jamie?
13 MR. KEENER: I vote in favor.
14 MS. PICKARD: Hugh?
15 MR. LAMBERTON: I vote in favor.
16 MS. PICKARD: And I vote in favor.
17 Faith Lutheran Church, request for
18 waiver of land development.
19 MR. STEVE SLUTTER: I'm Steve
20 Slutter, S-l-u-t-t-e-r. What we want to do is, we
21 want to demolish 600 square feet of what is a
22 modular building and build 600 permanent feet on
23 the building. It was all considered permanent when
24 it was built, but the modulars are in bad shape.
25 So what we want to do is take
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1 that -- right now it's office space for the pastor
2 and the secretary. And what we want to do is move
3 the pastor and the secretary into the existing part
4 of the building which is now bathrooms and a -- two
5 classrooms, make those the offices. And then in
6 the new or proposed 600 square feet would be to put
7 in the bathrooms that we were removing and put in
8 what we would call a cry room, or a nursery room
9 for -- while services are going on.
10 We went through the planning board
11 and they suggested that we come through to you to
12 ask for a variance -- or not a variance, a waiver
13 of the land development.
14 MS. PICKARD: What's the board's
15 pleasure?
16 MS. SINCAVAGE: I make a motion we
17 grant the request for the land development subject
18 to complete removal of existing 600-square foot
19 modular appendage. Proposed addition shall not
20 exceed 600 square feet. Existing bathrooms are to
21 be relocated and there's to be no increase in sewer
22 flow. Any future development, subsequent to
23 relocation, will require land development approval.
24 All building code requirements must be satisfied.
25 MR. KEENER: Second.
34
1 MS. PICKARD: Motion and second.
2 Any discussion from the board?
3 Any discussion from the public?
4 Call the vote.
5 Anne?
6 MS. SINCAVAGE: I vote in favor.
7 MS. PICKARD: Jamie?
8 MR. KEENER: I vote in favor.
9 MS. PICKARD: Hugh?
10 MR. LAMBERTON: I vote in favor.
11 MS. PICKARD: And I vote in favor.
12 Motion carried.
13 MR. STEVEN SLUTTER: Thank you.
14 MS. PICKARD: Before we go to public
15 comment, I have an announcement. Our zoning
16 officer had put on our Web site and requested we
17 announce that the U.S. Census Bureau is seeking
18 field representatives to conduct household census
19 for the 2010 census, which is starting soon. That
20 information is on the Web site or I think there may
21 be some information posted outside.
22 If you want further information,
23 feel free to contact the township or check the Web
24 site for those numbers. There's also a hazardous
25 household waste drop-off at Monroe Waste Management
35
1 Authority in Blakeslee November 16, 17 and 18.
2 And we also want to announce that
3 right here at 6 p.m. on Monday, the 19th there is a
4 public hearing on open space and the master site
5 plan of our Blakeslee Park.
6 Do you want to elaborate on that at
7 all, Anne?
8 MS. SINCAVAGE: There will be a
9 fresh listing in the general paper and I'm going to
10 try to see if the Pocono Record will publish it.
11 We've been working on our master site plan, and we
12 are required to hold public meetings. So we'd love
13 the public to come out and review what we've done
14 and where we're going. And we just hope that we
15 get some of the public support.
16 And we also wish that any of the
17 public -- we are working on forming different
18 committees, so it would be nice if we get the
19 public out there to help us volunteer for some of
20 these committees.
21 MS. PICKARD: And this is the
22 property that is adjacent to the Creek View Estates
23 that was just on our agenda.
24 Any questions from the public?
25 Motion to adjourn.
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1 MS. SINCAVAGE: I'll make a motion.
2 MR. LAMBERTON: Second.
3 MS. PICKARD: Thanks for coming.
4 (Hearing concluded at 7:55 p.m.)
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7 I hereby certify that the
8 proceedings and evidence are contained fully and
9 accurately, to the best of my ability, in the notes
10 taken by me at the meeting in the above matter; and
11 that the foregoing is a true and correct transcript
12 of the same.
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15 ______________________
16 EVILYS E. BRATHWAITE
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