CHESTNUTHILL TOWNSHIP PLANNING COMMISSION

ROUTE 715, BRODHEADSVILLE, PA  l8322

MINUTES OF MEETING—SEPTEMBER 18, 2002

 

A regular meeting of the Chestnuthill Township Planning Commission was called to order at 7:30 p.m. on Wednesday, September 18, 2002, at the Township Municipal Building by Chairman Larry Heckman.

 

The Pledge of Allegiance to the Flag was led by Chairman Heckman.

 

Present: Larry Heckman, Wanda Martin, Larry Smith, Dave Johnson, Brad Miller, Atty. Tim McManus

 

Absent: Dave Gordon, Mike Meade, Dick Rodenbach

 

Minutes: Wanda Martin noted a correction to the August minutes. At the August meeting we should have approved the July 17, 2002, minutes, not the August 21, 2002, minutes.  With that correction duly noted, Larry Smith made a motion, seconded by Wanda Martin and it was voted to approve the July 17, 2002, minutes. (4-0)  Larry Smith made a motion, seconded by Wanda Martin and it was voted to approve the August 21, 2002, minutes. (4-0)

 

 

Submittals:  None.

 

 

Plan Review:

 

Roth, Lynda M. (Land Development Plan) Robert G. Beers, P.L.S.  After a short discussion Dave Johnson made a motion, seconded by Wanda Martin, and it was voted to table this Plan.  (4-0) (Plan Date l2/07/00) (Accepted by Township 06/07/01) (Accepted by PC 06/27/01) (Signed open-ended waiver on l0/22/01)

 

Heller’s Gas Company. (Land Development Plan) Bafile, James & Associates, Engineers. Brad Miller’s letter dated September 13th was addressed.  Larry Heckman asked Chris Eckert, West End Fire Chief, if he had any comments.  Chris handed out copies of House Bill No. 1237.  He then said that he had contacted the Dept. of Labor & Industry in Harrisburg.  He said the person he spoke with did not have knowledge of any plans submitted by Heller’s Gas Company for the Effort facility.  There was one submitted last year, but it was for Albrightsville.  When asked, representatives for Heller’s Gas Company did not know if a plan had been submitted to Labor & Industry for the Effort facility. Chris is also still concerned about the lack of an adequate nearby water supply in case of a fire. After some discussion Larry Smith made a motion, seconded by Dave Johnson, and it was voted to recommend this Plan to the Supervisors for preliminary and final approval conditioned upon the Labor & Industry issue.  (4-0)  (Plan date 07/l9/01) (Accepted by Township 03/08/02) (Accepted by PC 03/20/02) (Signed a 30 day waiver on 08/28/02)

 

Milford Chrysler Sales. (Commercial Land Development) Quad 3 Group, Inc.  No one was present on behalf of Milford Chrysler Sales. After some discussion Wanda Martin made a motion, seconded by Larry Smith, and it was voted to recommend  to the Supervisors that this Plan be denied for the reasons set forth in Brad Miller’s letter dated August 19, 2002, and Atty. McManus’ letter dated August 21, 2002. (4-0) (Plan date 06/27/02) (Accepted by Township 07/03/02) (Accepted by PC 07/17/02)

 

Rt. 209 Storage Buildings. (Commercial Land Development) Niclaus Engineering. Lou Cozza was present on behalf of Niclaus Engineering.  Brad Miller’s letter dated September l2th was addressed.  After some discussion Larry Smith made a motion, seconded by Wanda Martin, and it was voted to recommend granting a waiver for a modification of the provisions of Section 98-38.B.(3) that 1) requires an undisturbed buffer of fifty (50) feet completely surrounding a delineated wetland area and  2) requires written verification from the United States Army Corps of Engineers (ACOE) in connection with the delineation of the wetland areas.  Also, a waiver for a modification of the provisions of Section 98-23.A. (3) of the Ordinance that requires plans to be drawn at a scale of one (l) inch equals fifty(50) feet or one (l) inch equals one hundred (100) feet.  Dave Johnson made a motion, seconded by Wanda Martin, and it was voted to table this Plan until the next meeting. (4-0)  (Plan date 06/27/02) (Accepted by Township 08/07/02) (Accepted by PC 08/21/02)

 

Frantz, Florence. (Minor Residential Subdivision) Robert G. Beers, P.L.S. Brad Miller’s letter dated September 16th was addressed.  After some discussion Dave Johnson made a motion, seconded by Wanda Martin, and it was voted to table this Plan until the next meeting. (4-0) (Plan date 08/02/02) (Accepted by Township 08/08/02) (Accepted by PC 08/21/02)

 

Haas, Ronald P. (Revision of Lots No. 740 & 741 Sun Valley.  Robert G. Beers, P.L.S. Brad Miller’s letter dated September 11th was addressed.  After some discussion Larry Smith made a motion, seconded by Dave Johnson, and it was voted to table this Plan until the next meeting. (4-0) (Plan date 06/13/02) (Accepted by Township 08/08/02) (Accepted by PC 08/21/02)

 

Effort Mini Storage, Inc.—Natale. (Commercial Land Development) Niclaus Engineering.  Lou Cozza was present on behalf of Niclaus Enginering along with Bob Meyer, Agent for owner. Brad Miller’s letter dated September 12th was addressed. After some discussion Larry Smith made a motion, seconded by Dave Johnson, and it was voted to table this Plan until the next meeting.  (4-0) (Plan date 08/09/02) (Accepted by Township 08/09/02) (Accepted by PC 08/21/02)   

 

 

SKETCH PLAN:  None.

 

Merwine, Warren. (Zoning Map Change Request). Atty. Kaspszyk was present on behalf of Mr. Merwine who is requesting to change zoning of his property from RR/GC to LIC. Atty. Kaspszyk presented maps and noted that the zone that they are proposing is approximately the same size as the other light industrial zones in the Township.  In fact there is one LIC smaller than the one they are proposing.  The map also illustrates that what they are proposing is consistent with the zones which surround the existing LIC zones.  Starting with the southeastern most zone on the map, that is a LIC which is joining an RR zone.  Most are in proximity to general commercial zones as is the one that they are proposing. The actual parcel is 48.329 acres more or less.  A high tension wire runs through middle of the property.  They have also submitted an aerial photograph because there may be some questions about existing features and adjoining properties and uses.  In the center of the parcel is the existing Christmas tree farm, there is a shale pit in the southwestern corner and then in the extreme  corner of the parcel is the intersection of Sugar Hollow and Rt. 115.  This topography will not have a substantial impact on neighboring property owners value.  The only affected property will be the Heckmans to the north and that’s only a visual impact.  It also shows the proposed structure on the parcel.  Presently the way this property is zoned—RR—the only practical use would be for residential development.  The applicant would like to use this for something that he believes would be more conducive to the GC setting where the property is located and also more conducive to minimize commercial development.  Sometime down the road, if the change is granted, they want to manufacture a pesticide—liquid fence for deer repellant.  It is made completely of organic materials—everything that is utilitzed in the process can be bought at the supermarket. It is regulated by DEP.  They are not proposing an industrial park; it is a single building that inside there would be this organic compound being bottled and then shipped.  There would be some trucks using the access road to pick up and deliver the product.  This would not be a high frequency.  There are no odors. This would be a low impact light industrial use. Larry Heckman noted that the Planners had discussed this proposal previously and were concerned about possible pollution of the streams on both sides, road concerns and also spot zoning.  The Planners are also concerned that if the property is zoned LIC, it could be sold to someone else who might possibly have some kind of manufacturing that could damage the streams.  Dave asked Atty. McManus if this area were to be allowed to be rezoned, should this business not continue or it was purchased by another party, could it revert to the RR that it was originally.  Atty. McManus answered you can’t put conditions on zoning.  Dave said so once it’s done, it’s done.  Atty. McManus answered yes. Larry Smith said his main concern is the roads.  Dave asked if they had looked at the possibility of acquiring any other areas that had been set aside.  Atty. Kaspszyk answered that the gentlemen who proposed the structure had looked at other areas in Polk Twp. and Blakeslee. The West End area in general has been explored.  Most of the zoning is very ambiguous on this type of development that’s not some type of normal use—most zoning does not define this type of use.  Chestnuthill Twp. ordinances seem to address this more specifically.  Dave noted that he was part of developing this zoning a few years ago and he is not convinced that changing this is a benefit to the Township long range.  Once it’s in there, should that business not remain, it could be developed into other things that may not be as low impact;  Larry H. asked the Planners their opinion. Wanda said she thought it was the Supervisors’ call, Larry S. is concerned with the roads, but he thinks they are not asking for anything more than some others asked for; Larry H. said he could not reach a decision for or against; Dave J. said that he is against it. Pat will notify the Supervisors that the Planners could not reach a concensus on this request—there was no decision made.

 

 

Public Comment.  None.

 

Adjournment.  There being no further business, on motion by Larry Smith, seconded by Wanda Martin, it was voted to adjourn. (4-0)

 

Respectfully submitted,

 

 

Patricia A. Meckes

Recording Secretary