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                                                                                               April 10, 2008

                                                                                               Thursday, 3:30 p.m.

 

MINUTES

 

Chairman John P. Sivick called the meeting to order at 3:30 p.m.  Also present were Richard C. Vollmer, Vice Chairman, Paul D. Menditto, Supervisor, Atty. Robert F. Bernathy, William J. Greiner, P.E. and Robert H. Rohner, Jr., Secretary/Treasurer.

 

PUBLIC COMMENTS:

 

No comments were received.

 

HIGHLAND VILLAGE’S MASTER PLAN:

 

Atty. Bernathy stated that a conceptual map for Highland Village dated December 27, 2006 is just a visual.  It is not a part of the record.  Atty. Bernathy will review the transcript from the conditional use hearing. 

 

Atty. Bernathy referred to Section II, paragraph #7 which states that the applicant agrees that the applicant shall design, engineer, seek approval for and construct a minimum of 50,000 square feet of non residential/commercial floor areas on or before the completion of 1,000 residential units.  The economic perspective of this is that it will not happen. 

 

Atty. Bernathy stated that paragraphs #7-#10 are restrictive.  It is a conceptual plan, and that the developer will submit phases through the land development process for approval.

 

Mr. Greiner commented on the entrance into The Glen which is one way in and one way out.  The supervisors should require a second entrance.

 

Atty. Bernathy referred to paragraph #27 which states that the applicant agrees that because the Master Plan is conceptual in nature, land development applications may deviate from the approved Master Plan so long as the deviation does not represent a significant change in the Master Plan.  Minor deviations shall not require formal amendment of the Master Plan.  It shall be at the sole discretion of the supervisors what is, and is not minor.  The supervisors will proceed with the conditional use approval and regulate changes to the plan.

 

Mr. Stadulis’ comment at the supervisors’ April 2nd meeting that the developer wants to change the design of the boulevard to a more basic design is to the supervisors a fundamental change.  The boulevard gave curb appeal and is atheistically pleasing.  This would impact the entire decision.

 

Atty. Bernathy will review the transcript to determine where the age restricted communities will be gated, as well as other the information that is stated in paragraph #13.

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The supervisors directed the solicitor to obtain the deed to the property that the developer is to supply to the township.

 

Paragraph #32 states that the applicant agrees to post such security with the Township as may be required to insure that the reconstruction of the golf course provides the stormwater benefits required under the Applicants stormwater plan, the golf course being an integral part of the Applicants overall stormwater management program.  Mr. Greiner states that since the Applicant has stated that there is now no plan to reconstruct the golf course, a sketch plan should be submitted so that the township can visualize the changes.

 

At the conclusion of the meeting it was decided that the proposed zoning amendment will be forwarded to the township’s planning commission and the county’s planning commission for review.  Atty. Bernathy will forward the amendment to the municipal office.

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 4:26 p.m. by the motion of Mr. Menditto and second of Mr. Vollmer.  Unanimous.

 

                                                                                             Respectfully submitted,

 

 

 

                                                                                             Robert H. Rohner, Jr.

                                                                                             Secretary/Treasurer


                                                                                               April 16, 2008

                                                                                               Wednesday, 7:00 p.m.

 

MINUTES

 

Chairman John P. Sivick called the meeting to order at 7:00 p.m.  Also present were Richard C. Vollmer, Vice Chairman, Paul D. Menditto, Supervisor, Atty. Robert F. Bernathy, William J. Greiner, P.E. and Robert H. Rohner, Jr., Secretary/Treasurer.

 

PUBLIC COMMENTS:

 

John Frawley commented on the repairs to SR 2001. 

 

Scott Hanna commented on placing “Park Closes at Dusk” signs at the municipal building.  Mr. Hanna asked for an update on the Brodhead Road.  Mr. Hanna asked if there was a section missing from the April 10th minutes.  Atty. Bernathy stated that this time is set aside for public comments.  This is not a questions and answers session.  The law requires for the supervisors to provide an opportunity for people to comment. If the supervisors wish to answer questions it is at their sole discretion, but it is not required as outlined in the Sunshine Act, Section 710.1 entitled Public Participation. 

 

APPROVE THE MINUTES OF APRIL 2, 2008:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of April 2, 2008 as presented.  Unanimous.

 

APPROVE THE MINUTES OF APRIL 10, 2008:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of April 10, 2008 as presented.  Unanimous.

 

AUTHORIZE THE PAYMENT OF THE BILLS ON LIST #1, LIST #2 AND THE TRANSFERS AS PRESENTED:

 

Motion made by Mr. Vollmer and second of Mr. Menditto to authorize the payment of the bills on List #1, List #2 and the transfers as presented.  Unanimous.

 

OLD BUSINESS:

 

  1. STORMWATER MANAGEMENT PROJECT – WINONA FALLS ROAD:

 

Tabled.

 

  1. HAELSIG ZONING CHANGES:

 

Atty. John Hiscott and property owner Tom Haelsig were present.  Mr. Haelsig is

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requesting two (2) zoning amendments, one to the zoning map.  Amendment #1 is to Section 306.B.2 “Self Storage”.  This would provide that Self Storage Development shall be in a Conditional Use in the VC (Village Commercial) District. 

 

Section 402(40) Self Storage Development shall provide additional requirements when the use is a conditional use, as follows: 

 

“The tract of land upon which the Self Storage Development is to be situate shall be no less than 3 acres; the Buffer Yard Width, When Required set forth in Section 803.D, shall be increased to 40 feet along a street and 60 feet where required in other situations, unless a larger width is required by another provision of this Ordinance; the height of the self storage facilities shall not exceed twenty-three feet; lot coverage not exceed 40%; that screening adjoining different districts be made dense by appropriate vegetation; and that exterior finishes be earthtones.”

 

The existing low impact driveway will be used.  The township’s planning commission recommends approval.  The use is compatible with other uses in the district.  The ordinance will be forwarded by the applicant to the Pike County Planning Commission for their review. 

 

Motion made by Mr. Menditto and second of Mr. Vollmer to advertise for a public hearing on June 18, 2008 at 7:05 p.m.  Unanimous. 

 

The second request is for a change to the Zoning Map.  The Zoning Map set forth in the Lehman Township Zoning Ordinance, as amended, will be changed by revising the described properties from partly VC and partly LDR (Low Density Residential) to entirely VC.

 

The Tax Identification Numbers of the properties for which the Zoning District will be changed are a part of #197-00-01-62, owned by Thomas R. and Patricia Haelsig and #197-00-01-62-002 owned by Earl S. Lindenberg.

 

The purpose of this amendment is to change the Official Zoning Map, Section 301, for the land presently zoned partly VC and partly LDR to entirely VC for those properties.  The applicant will forward legal descriptions to Mr. Greiner.

 

Notice of the public hearing will be conspicuously posted one (1) week prior to the date of the hearing.  Notice of the hearing shall be mailed by the applicant, and at the applicant’s expense to all properties in the affected area (one (1) layer deep).  The applicant shall forward the names and addresses of those notified to

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the township prior to the hearing date. 

 

Motion made by Mr. Sivick and second of Mr. Menditto to schedule the public hearing date for June 18, 2008 following the 7:05 public hearing.  Unanimous.

 

  1. PROPOSED AMENDMENT TO THE MIXED USE OVERLAY ZONING

DISTRICT:

 

Atty. Bernathy prepared an amendment; with changes to the proposal submitted by Atty. Ed Campbell on behalf of the applicant, to the township’s Zoning Ordinance creating the Mixed-Use Residential overlay Zoning District. 

 

Section 908.B.8 of the Township’s Zoning Ordinance will be created and shall read as follows:

 

“Master Plan Approvals are conceptual in nature.  Subdivisions and land development applications filed pursuant to an approved Master Plan may deviate from the approved Master Plan so long as the deviation does not represent a significant change in the Master Plan.  Minor deviations shall not require a formal amendment of the Master Plan.  Significant changes and amendments to the Master Plan may only be permitted pursuant to conditional use approval by the Board of Supervisors.  The determination of whether or not a change is significant or minor is in the sole discretion of the Board of Supervisors.”

 

The applicant will be notified of the changes to their proposal, and the proposed ordinance will be forwarded to the township’s and Pike County’s planning commissions.  Motion made by Mr. Sivick and second of Mr. Menditto to that affect.  Unanimous.

 

  1. BRODHEAD ROAD:

 

The supervisors, township engineer, park service personnel and PA DEP met at the site to determine the best course of action.  The project will require PA DEP’s permit GP 11.  All topography work has been completed.  Mr. Greiner has downloaded the latest hydrology program, and the numbers are the same as they were 15 years ago.  Preliminary numbers will be forwarded to PA DEP.  The GIS program will be reviewed to obtain the latest data. 

 

  1. POCONO RANCHLANDS MAIL CENTER:

 

All engineering requirements have been finalized.  The survey has been completed as required by the township.  The facility is located on lands owned by

                                                                                     

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the property owners’ association.  Properties land locked have an easement through them, and it does not effect the mail center.  Specific language regarding the easements have been added to the map.  Motion made by Mr. Vollmer and second of Mr. Menditto to approve the plans.  Unanimous.

 

NEW BUSINESS:

 

  1. PIKE COUNTY CONSERVATION DISTRICT REPORT:

 

Roy Borgfeld, a member of the district presented the report.  In 2007 the District completed four (4) direct mail pieces to bring awareness to Pike County landowners on the pressing planning and land use issues of our rapidly growing county.  This was done through funding from PA DEP, the District and its partners.  The District also spent time related to the Highland Village project.  The District assisted with the Pike County Planning Initiative as it relates to the review of the county’s townships’ comprehensive plans, zoning ordinances, etc.  The District was approved by PA DEP for a Level 3 status that allows the enforcement of erosion control standards and violations.  The District has an agreement with PA DEP that will allow the District to review post construction projects’ NPDES permits.  An engineer will be added to the District’s staff, and interviews have begun.  The county commissioners have developed an Act 167 Advisory Committee that will deal with the storm water issues throughout the county.  The District also coordinated the Gypsy Moth Program that will see the spraying of many acres throughout the county, including Lehman Township.  The District’s web site has been improved.  A grant from PA DEP was awarded that will be used to conduct a groundwater assessment throughout the county.  The study uses private wells. 

 

  1. APPOINT ALTERNATE ENGINEER:

 

Motion made by Mr. Sivick and second of Mr. Menditto to appoint Boucher & James, Inc. as the alternate engineering firm for the township.  Unanimous.

 

  1. FRIENDS OF THE DELAWARE WATER GAP NATIONAL RECREATION AREA – REQUEST FOR DONATION:

 

Mr. Sivick stated that the funds are used to open the visitors’ center located on Route 209.  The center is used for the education of tourists and residents.  Mr. Vollmer stated that they offer a good service.  Motion made by Mr. Vollmer and second of Mr. Menditto to donate $1,500.00.  Unanimous.

 

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MISCELLANEOUS:

 

  1. The Spring Clean Up Days will be conducted May 6th – May 9th from 7:00 a.m. to

6:00 p.m. and May 10th from 7:00 a.m. to 2:00 p.m.

 

  1. LISA PREBOWSKI’S REQUEST FOR USE OF THE MUNICIPAL FIELD

FOR A FAMILY SPORTS DAY TO BENEFIT RELAY FOR LIFE AND THE KEY CLUB (EAST STROUDSBURG HIGH SCHOOL NORTH):

 

Mr. Sivick stated that the a letter of request has been received, but the field has already been booked for that date.  Ms. Prebowski will be notified.

 

ROADMASTER/PUBLIC WORKS DIRECTOR:

 

  1. MINK POND ROAD CULVERT:

 

Tabled.

 

Mr. Sivick stated that the crew has been busy with tree trimming.  Drains cleaned on Little Egypt and within Rustic Acres.  Snow equipment has been removed from the vehicles.  Maintenance work in the community park.  Vehicle maintenance.  Garage door maintenance.

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 7:53 p.m. by the motion of Mr. Menditto and second of Mr. Vollmer.  Unanimous.

 

                                                                                             Respectfully submitted,

 

 

 

                                                                                             Robert H. Rohner, Jr.

                                                                                             Secretary/Treasurer


                                                                                               April 23, 2008

                                                                                               Wednesday, 3:30 p.m.

 

MINUTES

 

Chairman John P. Sivick called the meeting to order at 3:30 p.m.  Also present were Paul D. Menditto, Supervisor and Robert H. Rohner, Jr., Secretary/Treasurer.  Richard C. Vollmer, Vice Chairman, Atty. Robert F. Bernathy and William J. Greiner, P.E. were not present.

 

PUBLIC COMMENTS:

 

No comments.

 

BID OPENING:  CLEAN UP DAY CONTAINERS:

 

Two (2) bids were received.  The first bid opened was from Waste Management of Pennsylvania, Inc.  Bid price is $20.00 per cubic yard, inclusive of all fees; fuel and environmental. 

 

The second bid was from Middle Smithfield Materials.  Bid price is $19.50 for general trash. $500.00 per container for metal, and there is a 8% fuel charge.

 

Motion made by Mr. Menditto and second of Mr. Sivick to accept the bid price offered by Waste Management of Pennsylvania, Inc. 

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 3:44 p.m. by the motion of Mr. Menditto and second of Mr. Sivick.

 

 

                                                                                           Respectfully submitted,

 

 

 

                                                                                           Robert H. Rohner, Jr.

                                                                                           Secretary/Treasurer


                                                                                               April 24, 2008

                                                                                               Thursday, 10:30 a.m.

 

MINUTES

 

Chairman John P. Sivick called the meeting to order at 10:30 a.m.  Also present were Paul D. Menditto, Supervisor and Robert H. Rohner, Jr., Secretary/Treasurer.  Richard C. Vollmer, Vice Chairman, Atty. Robert F. Bernathy and William J. Greiner, P.E. were not present. 

 

PUBLIC COMMENTS:

 

No comments were received.

 

SR 2001 PROJECT:

 

Present for this meeting were PennDot District Manager George Roberts and other representatives from PennDot.  National Park Service Superintendent John Donohue and other representatives from the park.  Matt Curry from PA DEP.  State Representative John Siptroth.  Delaware Township Supervisor Ted Parsell.

 

Mr. Sivick began by thanking everyone for attending.  The supervisors are very unhappy with the setbacks, and they deal with unhappy residents about the condition of SR 2001 quite frequently.  Mr. Roberts stated that PennDot is committed to the reconstruction of SR 2001.  80% of the State funding has gone to statewide bridge repairs.  The project is still on track.  Presently there is an issue of comments to DEP that need to be addressed.  NPDES permit has been submitted, but there is additional design work.  The contract with the company doing the work had to be renewed.  PennDot must ensure that the pre and post construction work is relatively in the same area. 

 

A JPA permit as it relates to the waterways needs to be obtained.  Mr. Roberts believes that no additional right-of-ways will need to be purchased.  Five (5) to six (6) utility poles locations will need to be changed.  PennDot will discuss with the utility companies; Met Ed, Blue Ridge Cable and Verizon.  The park service wants these poles kept on private property instead of park property as presently proposed.  A letter of consent will need to be obtained from the park service as it relates to the metes and bounds for the 38 acres that will have to swapped.  PennDot will need an updated NEPA document.  PennDot will need an environmental clearance document from the park service.

 

The schedule as it stands today is that PennDot is finalizing the road design.  Environmental consultants will then review that design, and that should be submitted by mid May 2008.  The plans will then be submitted to the utility companies.  Modifications may be necessary.  An application for a JPA permit and a NPDES permit will be submitted to PA DEP by the end of June 2008.  Final construction plans ready by the end of July 2008.  The beginning of September 2008 permits should be issued.  Bid letting in November/December of 2008.  If at all possible bid letting will be done earlier.  Also a

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letter of consent must be received from the park service, and clear up any right-of-way issues. 

 

The demolition of buildings purchased will begin in the upper area of the projects Section 402.  The rest of the demolitions in the other sections of the project will be part of the construction contract.  Mr. Sivick and Mr. Menditto recommend that a bid be put out for the demolition of the purchased buildings.  There are no environmental issues with that work.  It will be reviewed by PennDot.  Mr. Roberts stated that crews will be spot paving on SR 2001 and SR 2003 this year.  A contract has been signed for the work to be completed.  Mr. Sivick stated that when the contractor did repaving on SR 2001 north of the American Legion building it was done very shoddy.  It was late in the season, and it was snowing the day the asphalt was laid.  Mr. Menditto added that it had been done paper thin.  It began to break up the next day.  Mr. Sivick stated that the responsibility is with the PennDot inspectors.  Paving should be completed by October 31st.  Drainage problems need to be addressed on SR 2003 north of the school complex.  Mr. Roberts agrees.  The budget is tight in Pike County.  Funds are being invested in three (3) rest areas. 

 

Mr. Menditto stated that when every one met in 2007 the issue was permits, and now the issue is still permits.  This project is a safety issue, and there are continuous delays.  It is not handled in an expedited manner.  Matt Curry, representative from PA DEP stated that as soon as PennDot addresses the resubmitted concerns then the permit will be issued. 

 

And as previously stated the redesign shows utility poles moved from private lands to federal lands.  The poles need to be placed on the private lands.  Those companies pay yearly fees for the use in the right-of-ways.  PennDot will reach out to those individual utility companies. 

 

Mr. Sivick stated that the bridge in Section 402; SR 2001 and Briscoe Mountain Road needs to be repaired.  Plows must be very careful.    

 

Another issue with the park service is an archeological review for the drainage easement on Bushkill Falls Road in front of the Peters’ House.  PennDot will review.  If there is an increase of acreage needed, the archeological review will need to be done.  PennDot will contact the supervisors if that criteria has been met.

 

The next meeting to discuss this project will be June 17, 2008 at 10:30 a.m. at the municipal building.  At that time updates will be given on the status of the utility poles, the archeological review, the demolition of purchased buildings, as well as updates on the JPA and NPDES permits.  The NEPA document does not address the impact of the utilities to the park.  If the poles stay on private property then it is not an issue.  Mr. Donohue would like to review the use of a traffic light on Brodhead Road and RT 209

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during the reconstruction.

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 12:09 p.m. by the motion of Mr. Sivick and second of Mr. Vollmer. 

 

                                                                                              Respectfully submitted,

 

 

 

                                                                                              Robert H. Rohner, Jr.

                                                                                              Secretary/Treasurer