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04/13/2010 PC MInutes

Planning Commission

Regular Meeting Minutes

April 13, 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 April 13, 2010 Planning Commission meeting to order at 5:30 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:  Stevens moved seconded by Taylor to approve the minutes of the March 9, 2010 meeting.

Motion carried 5-0.

 

Correspondence

Letter from EAC regarding fence for Mount Airy detention basin.

 

Open Plans – No Action Necessary

NONE

 

New Submittals for Acceptance

NONE

 

Plan Reviews

Pocono Gardens Stormwater

Mr. Unangst stated that the progress made is satisfactory. Mr. Unangst further stated that in the opinion of the engineer this plan has been completed as far as Planning Commission review is concerned and that a recommendation could be made to the Board of Supervisors to approve this plan conditioned upon his outstanding comments.

Motion: Stevens motioned seconded by Michaels to recommend approval of the Pocono Gardens Stormwater Plan conditioned upon Hanover Engineering’s approval of the Stormwater calculations and any other outstanding  engineering comments.

Motion carried 5-0.

 

Mount Airy Parking Lot (Amended Land Development)

Mount Airy Parking Lot (Stormwater)

Attorney Jeffrey Belardi, of Belardi Law Offices, John Pocius and Dave Osborne of CECO Associates were present on behalf of the applicant.  A letter was received from the EAC regarding the fencing of the basin. Attorney Belardi stated they will comply.

Mr. Osborne explained the location of the Proposed Parking Lot and stated that the fencing will be incorporated into the plan. There were questions from the Commission regarding the Traffic Plan. Mr. Pocius explained that the original Traffic Plan was created based on 400 rooms and 3500 square feet of retail space. All of which the Casino has not reached at this time.

Osborne asserted that the creation of Parking Lot G will alleviate parking congestion on Woodland Road specifically during special events and prevent it with the anticipation of the Table games.

 

Motion: Taylor moved seconded by Stevens to table the Mount Airy Parking Lot Stormwater and Amended Land Development plans until the May 11, 2010 Planning Commission meeting.

Motion carried 5-0.

 

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

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

Mr. Martin handed out revised plans and explained that the applicant, Dean Costanzo, wishes to take pieces off of two parcels to add them onto two other parcels. Mr. Martin referred to Hanover comments. Mr. Martin stated that the wooded area is depicted on the plan. Mr. Martin further stated that there are two (2) waivers being requested.

 

Waivers being requested:

 

1.      Section 131-37 (8) – Contour lines at intervals of two (2) feet. Plans that include floodplains shall be based on National Geodetic Vertical Datum (NGVD29).

2.      Section 131-39.A. - The preliminary plan of a proposed subdivision shall be clearly and legibly drawn to a scale of one inch equals fifty feet (1”=50’). The original drawing and all submitted prints thereof shall be made on sheets 24 inches by 36 inches in size. If the preliminary plan requires more than one sheet, a key diagram showing the relative location of the several sections shall be provided.

Motion: Stevens moved seconded by Montgomery to recommend granting the waivers requested.

Motion carried 5-0.

 

Motion: Taylor moved seconded by Michaels to recommend approval of the Costanzo Lot Consolidation plan.

Motion carried 5-0.

 

Henryville Flyfishers Conservation Club Lot Consolidation

Jason Smith of Hanover Engineering was present on behalf of the applicant. Fred Courtright was present as Engineer on behalf of the Township.

 

Mr. Smith stated that they are seeking approval for the lot consolidation as well as six (6) waivers.

Waivers requested:

1.      131-37 A. (6) – Planning Module should not be required since there is an existing septic system and no additional land development is proposed.

2.      131-37 (7) - Paradise Creek (including flow direction) and Route 191 have been added to the property consolidation plan. Other features listed should not be necessary.

3.      131-37 (8) - Contour lines and floodplains should not be necessary since no new land development is being proposed. The small addition to the existing parking area does not require Land Development or Stormwater Management, in accordance with Township Ordinances and as discussed at the recent Conditional Use hearing for this property. The existing building and associated facilities are out of the FEMA floodway / floodplain, as is the proposed parking area addition.

4.      131-37 (9) – There will be no test pits or new wells.

5.      131-37 (10) – There will not be any new septic systems. The location of the existing well on the parent tract has been added to the property consolidation plan. There are no other wells or septic systems on the other parcels being consolidated.

6.      Waiver from the plan scale requirement for minor subdivision of 1’=50’. For purposes of recording and filing as an 11 X 17 format, the applicant would request using a plan scale of 1”=350’. All information required for simple lot consolidation is clear and legible at this scale.

 

The letter from Achterman Associates dated March 16, 2010, states that regarding the six (6) waiver requests from the Subdivision and Land Development Ordinance (S.A.L.D.O.), they have been reviewed and recommend granting the waivers. Mr. Courtright further stated in this letter that the name and address of the Owner of the property needed to be added to the plan as required by S.A.L.D.O. 131-37-A-3. Mr. Courtright stated that as long as this was met, he would recommend approval.

 

Motion: Stevens moved seconded by Michaels to recommend approval of all the waiver requests.

Motion carried 5-0.

 

Motion: Stevens moved seconded by Taylor to recommend approval of the Henryville Conservation Lot consolidation.

Motion carried 5-0.

 

Sketch Plans

Snyder Lot Consolidation

Mark Robbins, of Martins and Robbins Land Surveyors was present accompanied by Michael Snyder, the owner and applicant. Mr. Robbins explained that Mr. Snyder was proposing to consolidate four (4) lots into one (1) unified parcel and planning on developing that parcel.

 

Mr. Robbins distributed plans to the Commission depicting the layout and requested guidance from the Commission. There was brief discussion about the plan. There was no action taken at this time.

 

Other Business

 

Ordinances:

Chapter 68 Habitability, Chapter 160 Zoning Ordinance Revisions, and Chapter 1 Definitions Revisions were reviewed.

After discussion regarding the aforementioned Ordinance proposals, Attorney McManus suggested taking Section §68-6 “Certificate of Habitability required” and §68-7 “Certificate of Habitability” from Chapter 68 and inserting them directly into Chapter 160 Zoning.

 

§ 68-6.  Certificate of Habitability required.

No person or business entity shall occupy, inhabit or utilize any property undergoing a new use, construction, additions or renovations, which use, construction, addition or renovation is regulated under the Paradise Township Code of Ordinances until a Certificate of Habitability is issued by the Zoning Officer.

 

§ 68-7.  Certificate of Habitability.

The Zoning Officer shall issue a Certificate of Habitability only after both a UCC Certificate of Occupancy and a Zoning Certificate of Occupancy are provided, or a waiver is issued by the appropriate Township Official in the event one of the above is not required.

 

A.      A UCC Certificate of Occupancy shall be issued by the Building Code Official in accordance with the requirements of the UCC through Ordinance No. 178 enacted on December 15, 2009.

 

B.      A Zoning Certificate of Occupancy shall be issued by the Zoning Officer after all conditions of all applicable ordinance requirements are met, and the applicant has satisfied any/all conditions imposed by the Paradise Township Board of Supervisors and/or the Paradise Township Zoning Hearing Board.  Applicable ordinance requirements shall include the following where required:

 

a.       Zoning (Chapter 160);

b.      Subdivision and Land Development (Chapter 131);

c.       Stormwater Management (Chapter 123);

d.      Driveways (Chapter 58);

e.       Floodplain Management (Chapter 65);

f.       Sewage Disposal (Chapter110);

g.      Streets and Sidewalks (Chapter 127);

h.      Vehicles and Traffic (Chapter142);

i.        All applicable outside agency permits.

With the insertion of these two (2) sections into Chapter 160, there will not be a need for a separate Chapter 68.  Chapter 1 Definitions now will include definitions for Building Code Official (BCO) and Construction Code Official (CCO).

 

Motion: Stevens moved seconded by Taylor to recommend approval of the changes to Chapter 160 and Chapter 1 Definitions with revisions discussed.

Motion carried 5-0.

 

Sign Ordinance

Curative Amendment to Sign Ordinance

There was lengthy discussion regarding the validity challenge and proposed curative amendment to the Sign Ordinance filed by Mount Airy. Stevens distributed a version of the Sign Ordinance that she “proposed”.

Attorney McManus explained to the Commission what a validity challenge and curative amendment are and the process applicable to the same.

Mount Airy applied for a permit to change their on-premise sign located on Route 611 to an electronic message sign. The permit was issued but then was appealed by local residents. The zoning hearing board decided that the appeal was valid and revoked the permit.

The validity challenge claims that the existing sign ordinance impermissibly excludes electronic message signs and offers a proposed revision to “cure” that alleged defect. The Board of Supervisors has to hold a hearing within sixty (60) days.

 

There was brief discussion regarding the difference in the sign ordinances, the one proposed by Tom Shepstone and the one without electronic signs permitted.

Chair Greco stated that he would prefer the version that Tom Shepstone created. There was further discussion regarding setbacks, location, and square footage of signs.

 

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

 

Motion: Montgomery moved seconded by Michaels to adjourn the meeting at 8:05pm.

Motion carried 5-0.

 

Respectfully submitted,

Elaine M. Diaz

Administrative Secretary