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03/09/2010 PC Minutes

Regular Meeting Minutes

March 9, 2010


Roll Call

Joseph Greco – Chairman

Sharon Michaels- Vice Chairman

Ronald R. Taylor- Secretary

Edith Stevens – Member

Joan Montgomery-Member

Timothy McManus, Esquire – Solicitor


Debra Brady - Zoning Officer

Charles Unangst – Engineer

Elaine M. Diaz- Secretary


Call to Order

Chairman Greco called the March 9, 2010 Planning Commission meeting to order at 5:35 PM.  The meeting was held at the Paradise Township Municipal Building, Route 940, Paradise Valley, Cresco, PA. 


Public Comment Statement

Chairman Greco announced the following public comment statement: “Ladies and gentlemen, before the Planning Commission votes on any matter, the Commission will allow for public comment on that particular item.  If you wish to be heard at that time, please raise your hand, and you will be recognized.”  (At that time, please state your name for the record.)


Approval of Meeting Minutes

Motion:  Ronald Taylor moved seconded by Sharon Michaels to approve the January 12, 2010 meeting minutes.

Motion carried 5-0.


Action: Jeff Martens resigned. Need to appoint a new Vice Chairman. Stevens nominated Michaels as Vice Chair. Greco asked if there were any further nominations, there were none.

Motion: Stevens moved seconded by Montgomery to elect Sharon Michaels as Vice Chairman.

Motion carried 5-0.





Open Plans – No Action Necessary



New Submittals for Acceptance


Pocono Gardens Stormwater

John Pocius of CECO Associates was present on behalf of the applicants, Merry Hill Realty, LP and Pocono Gardens Realty, LP. Mr. Pocius briefly discussed the actions taken to rehabilitate the property. There was brief discussion about the Erosion and Sedimentation control measures and the current condition of the property. Mr. Unangst suggested that, because the basin can hold up to three (3) feet of water, a fence be included on the plan.

Motion: Montgomery moved seconded by Taylor to accept the Pocono Gardens Stormwater Plan for review.

Motion carried 5-0.


Mount Airy Parking Lot (Amended Land Development)

Mount Airy Parking Lot (Stormwater)

John Pocius was present on behalf of the applicant, Mount Airy #1 LLC.

Mr. DeNaples acquired the Nauman and Mader properties and these lots are proposed to be incorporated into the Master Plan.


Motion: Stevens moved seconded by Taylor to accept the Mount Airy Amended Land Development and Stormwater Plans for review.

Motion carried 5-0.


Costanzo Lot Consolidation (Proposed Minor Sub- Land Annexation Plan)

Terry Martin of Martin and Robbins was present on behalf of the applicant.

Mr. Martin handed out plans and explained that the applicant, Dean Costanzo, wishes to take pieces off of two parcels to add them onto two other parcels.


Motion: Montgomery moved seconded by Taylor to accept the Costanzo plan for review.

Motion carried 5-0.


Henryville Flyfishers Conservation Club Lot Consolidation

Jason Smith of Hanover Engineering was present on behalf of the applicant.

Henryville Flyfishers was before the Commission and the Board of Supervisors previously and was originally proposing to install a parking lot across from the new clubhouse on Route 191. Now the plan is to install the parking lot on the same side of the street as the clubhouse.


Mr. Smith stated that he was not aware that they would need Planning Commission review and Board of Supervisor approval in order to consolidate lots to comply with the previously approved Conditional Use Permit. 

Motion: Stevens moved seconded by Taylor to accept the Henryville Conservation Club Lot Consolidation plan for review.

Motion carried 5-0.


Plan Reviews

AT& T / Cingular Land Development

AT& T / Cingular Stormwater Plan

Attorney Mike Schering of Riley, Riper, and Houlihan was present on behalf of the applicant. Sue Wilson, Project Manager, of Velocitel Site Management and John Batista, Engineer with CMX were also present.

Attorney Schering referred to Hanover Engineering letter dated February 8th, 2010.


Discussion took place regarding easements, slopes and access roads.


Attorney Schering also stated ATT/ Cingular will definitely be willing to comply with Hanover Engineering comments as conditions of approval.


Waivers being requested:


Waiver request from Section 123-14.A: Infiltration basin berms are required to be a minimum of 1 foot higher than the 100 year peak flow over the spillway.

Waiver requested for 6 inch berm.

Motion: Montgomery moved seconded by Taylor to recommend waiver from this section.

Motion carried 5-0.


Waiver from Section 131-39.B (15):There is no building being planned therefore no planning module is required.

Motion: Montgomery moved seconded by Taylor to recommend waiver request from this section.

Motion carried 5-0.


Waiver request from Section 131-39.B (6) requiring an entire outbound survey of the parcel.

Motion: Taylor moved seconded by Montgomery to recommend waiver from this section.

Motion carried 5-0.


Waiver request from Section 131-38; An Existing Resources and Site Analysis Plan is required as part of the Plan Submission.

Motion: Taylor moved seconded Montgomery to recommend granting waiver from this section conditioned upon receiving written requests from the applicant.

Motion carried 4-1 (Stevens opposed) Stevens voted against recommending granting of this waiver of the requirement that an ERSAP  be done because she believed the ERSAP should be required to determine the best location for the road to the tower.  There will be considerable impact to the steep slope and forest cover with the project and the township has not seen any analysis of why the road was put where it is.


Motion: Montgomery moved seconded by Taylor recommend approval of the ATT/Cingular plan contingent upon comments by Hanover Engineering being satisfied and an appropriate easement being provided by the property owner to the Township.

Motion carried 4-1. (Stevens opposed.) Stevens voted against recommending  approval of the Cingular Land Development Plan because of concerns about forest and slope impacts without proper analysis of the resources, and because she had not been part of earlier reviews of the project.


Other Business



Brady stated that at the request of the Township Solicitor, the Planning Commission should table the review changes to Chapters 68 and 160 until the Planning Commission Solicitor has had more time to review and consult with the Township Solicitor.


Sign Ordinance

Brady explained that the Proposed Sign Ordinance is before the Commission again as the Board of Supervisors has chosen to prohibit Electronic Message Signs. The revised Proposed Sign Ordinance has Electronic Message Signs listed as prohibited in all districts, and all language pertaining to regulation of Electronic Message Signs has been removed.


Bill Raczko, Township resident, asked to speak and passed out a hand out (on file). Mr. Raczko explained that he conducted his own research into this issue.  Mr. Raczko stated that surrounding Townships have more stringent measures regarding signs and that Paradise should consider enacting the same measures.


Discussion took place regarding signs. Brady explained that the Township hired Consultant Tom Shepstone of Shepstone Management to assist with revisions to the existing Ordinance.


After much discussion it was suggested that a joint work session be scheduled between the Board of Supervisors and the Planning Commission.


Motion: Stevens moved seconded by Michaels to request a joint work session with the Board of Supervisors and the Planning Commission to review the Proposed Sign Ordinance.

Motion carried 5-0.


There being no further business or comment, the meeting was adjourned.


Motion: Michaels moved seconded by Stevens to adjourn the meeting at 8:00pm.

Motion carried 5-0.


Respectfully submitted,

Elaine M. Diaz

Administrative Secretary