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June 4, 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
potholes that need to be filled on SR 2001.
Mr. Frawley commented on the vehicles parking
in the fire lane on
Scott Hanna commented that PennDot
has been busy cutting grass on the properties that they purchased for the SR
2001 project, instead of filling potholes. Mr. Hanna commented on the proposed
new municipal building at the
APPROVE THE
MINUTES OF MAY 21, 2008:
Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of May 21, 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:
Atty. Bernathy stated that he forwarded right-of-way agreements to the three (3)
property owners affected by this project.
Mr. Greiner stated that he met with representatives from the national park service, and that they will be reviewing the plans. A letter will be forwarded to the park service requesting authorization to place a bridge at that location. Matt Curry of PA DEP has been sent three (3) discs of stormwater reports. The project has been declared an emergency, and will be placed out for bid very soon. Mr. Greiner expects no changes to the plans.
June 4, 2008
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Motion made by Mr. Vollmer and second of Mr. Menditto to grant approval, and to waive the deposit. The organization will have to sign the one (1) page lease, and submit a certificate of insurance naming the township as an additional insured. Unanimous.
NEW BUSINESS:
Motion made by Mr. Menditto and second of Mr. Vollmer to grant approval. The lease is to be signed, and a certificate of insurance naming the township as an additional insured is to be received. Unanimous.
Mr. Sivick stated that the supervisors entered into an agreement of sale to purchase the Bateman, Tamke & Maslo property located on SR 2001 next to the All Aboard Pet Resort. The property consists of approximately ten (10) acres, and the purchase price was $285,000.00.
MISCELLANEOUS:
None.
ROADMASTER/PUBLIC
WORKS DIRECTOR:
Tabled.
Mr. Sivick stated that the crew
has been busy with community park maintenance.
Stormwater drains cleaned on
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PUBLIC COMMENTS:
Mike Meachem commented on the need
for a commuter bus service. According to
Mr. Meachem there have been seven (7) different
independent companies that have been in and out of the township. Recently one of those providers; T &
There being no further business, meeting adjourned at 7:31 p.m. by the motion of Mr. Sivick and second of Mr. Menditto. Unanimous.
Respectfully submitted,
Robert H. Rohner, Jr.
Secretary/Treasurer
June 17, 2008
Tuesday, 10:30 a.m.
MINUTES
Chairman John P. Sivick called the meeting to order at 10:30 a.m. Also present were Richard C. Vollmer, Vice Chairman, Paul D. Menditto, Supervisor and Robert H. Rohner, Jr., Secretary/Treasurer. Atty. Robert F. Bernathy and William J. Greiner, P.E. were not present.
SR 2001:
Present were various representatives from PennDot, Stephen Washington representing Representative John Siptroth and Thomas J. Yoniski, Jr. representing Senator Lisa Baker.
Representatives from the national parker service were not able to attend.
It was reported that the park service met with the utility companies the previous week, but no one was aware of the results of that meeting. The utility poles relocation plan needs to be received and reviewed by the park service, for the area from SR 2003 North to Little Egypt Road. The park service wants the poles to stay on private land, and not be moved onto park service property. The current plan shows fourteen (14) poles being moved from private land to park service land. Met Ed is reviewing ways to keep the poles on private land.
Mr. Menditto stated that the utility pole locations were discussed at last years meeting. Why are issues not dealt with one at a time, instead of being addressed as a whole? A PennDot representative stated that Med Ed is reluctant to act until a plan is finalized.
Funds are in place for the new consultant according to PennDot representative Denise Youorski.
Mr. Sivick inquired on the status
of the culvert pipe which will run under SR 2001 near
Mr. Sivick inquired on the
archeological study for the culvert project located at the intersection of
PennDot stated that the
application for a wetland mitigation project north of here in
June 17, 2008
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service had raised an issue of an archeological study for that project, but subsequently nothing had been found. An archeological study of the flood plain had been conducted and completed, and approved by the park service.
With the arrival of PennDot
representative George Roberts who submitted a progress list since the last
meeting the discussion followed that list (a copy is a part of these
minutes). The only additional
information would be the information given by Debbie Noone
of PennDot regarding the bridge near
PennDot will meet with John Donahue of the park service to discuss the Section 4(f) situation.
The next joint meeting will be conducted on Tuesday, August
12, 2008 at 10:30 a.m. at the
There being no further business, meeting adjourned at 11:28 a.m. by the motion of Mr. Sivick and second of Mr. Menditto. Unanimous.
Respectfully submitted,
Robert H. Rohner, Jr.
Secretary/Treasurer
June 18, 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:
Scott Hanna commented on SR 2001.
APPROVE THE
MINUTES OF MAY 28, 2008:
Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of May 28, 2008 as presented. Unanimous.
APPROVE THE
MINUTES OF JUNE 4, 2008:
Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of June 4, 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.
ACCEPT THE
FINANCIAL STATEMENTS; ALL FUNDS, FOR THE MONTH ENDED APRIL 30, 2008:
Motion made by Mr. Vollmer and second of Mr. Menditto to accept the financial statements; all funds, for the month ended April 30, 2008. Unanimous.
OLD BUSINESS:
Tabled.
Mr. Greiner received an e-mail from PA DEP that the department had no comments regarding the plans. The Pike County Conservation District requested
June 18, 2008
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proof of the PNDI resolution. The National Park Service had no comments with the exception of requiring some “seeding”.
NEW BUSINESS:
Motion made by Mr. Menditto and second of Mr. Vollmer to approve the request
of the
Mr. Sivick stated that the supervisors are interested with purchasing a 2008 CAT 924 HZ Wheel Loader through State contract. Mr. Sivick directed Atty. Bernathy and Mr. Rohner to review the submitted documents. Mr. Sivick added that the township will be receiving a 50% trade in value on the current loader, which is eleven years old.
MISCELLANEOUS:
ROADMASTER/PUBLIC
WORKS DIRECTOR:
Mr. Greiner stated that technical review has been complete by Matt Curry of PA DEP, and that the permit should be forthcoming.
Mr. Sivick stated that PennDot has hired a new consultant for the
June 18, 2008
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Graduation was held for the East Stroudsburg North students
on June 17th at the art center.
The school board thanked the supervisors for their assistance in securing
the location for the ceremony. Members
of the county’s sheriff’s department, the Bushkill Fire Company, and the road
crews from Lehman and
The Supervisors met with representatives from PennDot on June 17th to discuss the SR 2001
upgrade project. PennDot
presented a list of problems that were identified at the last meeting, but
nothing has moved forward. There are
still park service issues that need to be resolved, i.e. the archeological
study at the intersection of
Culvert cleaned in Rustic Acres. Tree trimming. Park maintenance. Grass cutting. Ball field maintenance. Saturday, June 21st an electronic recycling day will be held at the township municipal building from 8:00 a.m. to 1:00 p.m. This is in conjunction with the county.
Mr. Greiner stated that he received the as-built for the recreation center for The Glen on this date. He will compare it with the original submitted and reviewed plan. When Mr. Greiner has gone to inspect the parking lot it has been dry, and has not seen the problem of water coming through the surface. Atty. Bernathy stated that he spoke to the attorney for the developer, and that they admit there is in fact a design defect, and that it will be repaired. A violation has been forwarded to the developer.
PUBLIC HEARING –
CHANGE TO THE ZONING MAP AND ZONING ORDINANCE AMENDMENT, SELF STORAGE IN THE
VILLAGE COMMERCIAL ZONE:
Atty. Bernathy stated that a joint
public hearing will be conducted for the change to the zoning map (a portion of
a Low Density Residential (LDR) zone to be changed to a Village Commercial (VC)
zone), and a zoning ordinance amendment for self storage in the (VC) zone as a
conditional use. This is the date (June
18, 2008), time (7:05 p.m.) and place (
The properties involved are Tax No. 197-00-01-62 owned by Thomas and Patricia Haelsig, and partly of the Earl Lindenberg property, Tax No. 197-00-01-62.002, currently designated as being in a LDR zone and that they are proposed to be changed to a VC zone.
June
18, 2008
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The record reflects that the property had been duly and conspicuously posted announcing the public hearing by Stanley Whittaker, Lehman Township Zoning Enforcement Officer on June 9, 2008 on trees on the front, side and rear of the property.
Advertising for the public hearing were published in the Pocono Record and the Pike County Dispatch. The proof of the publications is a part of the record.
A series of letters were mailed to surrounding property owners. Letters were mailed to Earl Lindenberg, Carmen D. & Linda R. Barone, Ian C. Kinniburgh, Roy J. & Lynn M. Hart, Harry C. & Lucrezia Tovani, Bruce I. & Marie A. Green, Eugene & Anna Schwartz, Jose L. & Sylvia Torres, Ana M. Vieira, Lawrence B. Ladlee, Delihah Martini, Guardian Estate of Gerald L. Larsh, Kellen I. Heckman, Joan Bruno, an additional parcel owned by Joan Bruno, Alan R. Van Gelder, Bateman, Tamke & Maslo, LP, an additional parcel owned by Bateman, Tamke & Maslo, LP, Edward J. & Judith Armstrong, an additional parcel owned by Edward J. & Judith Armstrong, Doris Press Rogalinski, John & Theresa Miller, Donald Utter & Mary Ann Dickison, Eldon F. Larsh, Thomas R. & Partricia M. Haelsig, an additional parcel owned by Thomas R. & Patricia M. Haelsig, Thomas B. & Diane F. Jensen, the following are parcels owned by the United States Park Service USA-PS 7773, USA-PS 7767, USA-PS 7771, USA-PS 7770, USA-PS 7766, USA-PS 7765, USA-PS 7762, USA-PS 7763, USA-PS 7758, USA-PS 7756, USA-PS 7755, USA-PS 7754, USA-PS 7720, USA-PS 7749 and USA-PS 7753.
Both ordinances are, and have been available for public perusal.
A map has been marked as a part of the record of this proceeding. The Lehman Township Planning Commission has reviewed both of the proposed ordinance amendments, and recommends approval. The change to a VC zone from a LDR zone would connect to adjacent VC zones. It is not the position of the Lehman Township Supervisors that this would constitute a spot zone. It is the position of the Lehman Township Planning Commission that these particular amendment changes and map changes are in the best interest of the township and its citizens and they are consistent with the overall community objectives to the Lehman Township Comprehensive Plan. The Pike County Planning Commission has also reviewed, and their comments are a part of the record.
Atty. John Hiscott, attorney for
Thomas R. Haelsig gave a brief explanation of the
proposed changes. The change to a VC
zone from a LDR zone would connect to adjacent VC zones. This would eliminate the Haelsig
property being divided into multiple zones.
Presently the property is partly zoned VC and partly LDR, a change would
designate the property; as a whole, a VC zone.
The second proposal is to add as a conditional use in
the VC zone self storage lockers that will have as criteria color,
structure and that sort of thing.
June 18, 2008
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PUBLIC COMMENTS:
Rochelle Barnett of Pine Ridge,
Next to give comment was Linda Barone
of Pine Ridge,
June 18, 2008
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probably can not go into. Atty. Bernathy stated that we are also speaking about the supervisors considering making that zone, making a condition of that zone a self storage development, and that is just not in that zone, but it is in that zone in the entire township. It is just not specific to that one parcel. Tom Haelsig stated that the land behind the Barone is an extremely steep area. The building would not be near her property. There is no access from the road. The property behind the Barone is not Mr. Haelsig’s property, but is the property of Earl Lindenberg (the dog kennel). Mrs. Barone asked Mr. Haelsig if he is the owner of the property. Mr. Haelsig stated that he owns the property that houses the Bushkill Tool Company. Mrs. Barone stated that they had met, but that she was angry with him for posting his property up to the stone wall, and not leaving a 450’ safety zone, which is the law. Atty. Bernathy stated that he believes that this is not relevant to the proceedings. Atty. Bernathy stated that Mr. Haelsig answered her question, that there is a piece of property between her property and his, and that there are steep slopes. Atty. Bernathy stated that he wants to make sure that Mrs. Barones concerns are being addressed, and stated that the points we like to make are, #1, you have a rather large piece of property between your property and the subject property. #2, that property that is between your property and the subject property is severely steep in slope and #3, the subject property is a considerable distance away from your property and he believes her property would not be affected by any lighting. The township ordinance requires that if there is lighting it is a condition of any approval, and it can be assured that the supervisors are acutely aware of this, is that if people use lighting on their property it is to be directed down onto their property such that it doesn’t shine onto adjacent parcels of property. That certainly would be a condition that the supervisors would consider in the event there is lighting that is proposed. That is just not relative to this parcel, but any parcel throughout the township. The township is very well aware of glare onto adjacent parcels of property.
Carmen Barone of Pine Ridge,
Atty. Bernathy stated that he wanted to assure him that the township would not permit lighting to provide glare onto adjacent parcels of property.
Richard Barnett of Pine Ridge,
June 18, 2008
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for his construction project. Atty. Hiscott stated that that is not the intent, that it was the recommendation of the township’s planning commission to tie the commercial centers together since commercial activity already exists. Mr. Barnett believes that the residents of Pine Ridge would feel a lot more comfortable knowing that the parcels were not rezoned commercial. The Lindenberg property is for sale for $850,000.00 and that commercial development doesn’t come into this area as well. Mr. Barnett’s other concern is security because the use of ATVs on the Columbia Gas line. And with the additional traffic coming into the area for storage there is potential crime problems. There has been no attempt to block off the access to Pine Ridge from Mr. Haelsig’s property. Mr. Haelsig again stated that the property that is being referred to is not his property. Mr. Barnett stated that ATVs are coming from his property, and that no attempt has been made to post “No Trespassing” signs. Mr. Haelsig stated that his property is posted with “No Trespassing” signs, and that he has no control over what the other property owner does or does not do. Mr. Barnett stated that there has also been a problem with hunting on the property. Atty. Bernathy stated that it is not relevant to this proceedings.
Rochelle Barnett asked if it is expected that no additional traffic would come up SR 2001 as a result of the self storage units. Mr. Haelsig stated that if the self storage units were put in he believes that the people who would use them already live here, and drive on SR 2001. If they are already using a self storage they would be driving past his property to get to the facility. He predicts extremely minimal to zero increase in traffic. Mrs. Barnett wanted to know what about the increase of turning into the property while some one is coming in the other direction. Mr. Haelsig stated that that is a matter of his PennDot Driveway Permit, and he can not exceed the number as outlined within the approval of that permit. People are not going to come to their storage unit every day. Mr. Haelsig does not believe there will a change in traffic patterns. Mrs. Barnett wanted to know if that is the positions of the supervisors. Mrs. Barnett was informed that it is not the time for the supervisors to participate. This is the time for public comments.
Linda Barone asked if a drawing
had been submitted on the self storage.
Atty. Bernathy informed her that no land
development plan has been submitted with the township at this time. This is just a zoning ordinance change and a
map change. If Mr. Haelsig
wanted to construct a storage facility, the township would have to advertise
and he would have to come in and have a proceeding in front of the supervisors,
and opportunity would be given to attend.
The proposed ordinance outlines standards for anyone who would like to
build a self storage unit in this zone in any location of
June 18, 2008
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with the historic and scenic rural character, and most likely to cause conflicts with homes. To primarily provide for smaller-scale uses that will not be obtrusive in the landscape and that will not overload curvy sloped roads. To carefully locate commercial areas and commercial driveways to minimize traffic safety and congestion problems along roads. Mrs. Barone stated that when they purchased their property it was rural, and that is how they wish to see it remain. She would not like to see a self storage business there, as she is sure no one else would.
Atty. Bernathy asked if any one else wishes to be heard, and the record reflects that there was no response.
Mr. Menditto stated that the written ordinance before the supervisors states VC/VCO zone. It was to be VC zone only. Mr. Greiner stated that VCO will be removed.
Atty. Bernathy reiterated that there is no application pending to approve a land development plan for self storage before the supervisors. A proposed self storage will have a public hearing as it relates to the health, safety and welfare of the residents. The developer will have to comply with the township’s Subdivision and Land Development Ordinance. Lighting would be a condition for approval.
Mr. Menditto stated that the supervisors are very sensitive to lighting, and it would definitely be a condition for approval.
Atty. Bernathy asked Mr. Haelsig if he is adverse to just the VC zone. Mr. Haelsig state that he is not adverse to the VC zone.
Mr. Sivick stated that the supervisors had already approved a self storage unit next to the Log Cabin Bar & Restaurant three (3) years ago. The supervisors imposed strict regulations, i.e. fencing, earth tone color, security, times for entering and stormwater management. Tonight’s change to the zoning map is to correct an error when the zoning ordinance and map were overhauled a few years ago. That entire area was to be designated commercial. The supervisors could have put things there that you would not want. The supervisors had to be all inclusive under the Pennsylvania Municipal Planning Code. If a self storage was to be constructed on Mr. Haelsig’s property he will have to adhere to his PennDot Highway Occupancy Permit. PennDot may require a traffic study. The result of that study may mean that a turning lane would have to constructed, and Mr. Haelsig would have to contributed financially.
Mr. Vollmer stated that the issue today is connecting commercial parcels into a VC zone.
Motion made by Mr. Menditto and second of Mr. Vollmer to close the public hearing at 8:22 p.m. Unanimous.
June 18, 2008
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Motion made by Mr. Menditto and second of Mr. Vollmer to approve the ordinance of Lehman Township, Pike County, Pennsylvania, amending the Lehman Township Zoning Ordinance No. 99, the following parcel of land, partly of the Thomas and Patricia Haelsig (Tax No. 197-00-01-62) and partly of the Earl Lindenberg property (Tax No. 197-00-01-62.002), currently designated as being in an LDR zone, is hereby changed to a VC zone. Unanimous.
Motion made by Mr. Menditto and second of Mr. Vollmer to approve the ordinance of the Township of Lehman, Pike County, Pennsylvania, amending the Lehman Township Zoning Ordinance to provide for self storage development as a conditional use in the VC zoning district. Unanimous.
There being no further business, meeting adjourned at 8:25 p.m. by the motion of Mr. Vollmer and second of Mr. Menditto. Unanimous.
Respectfully submitted,
Robert H. Rohner, Jr.
Secretary/Treasurer
June 30, 2008
Monday, 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, William J. Greiner, P.E. and Robert H. Rohner, Jr., Secretary/Treasurer. Atty. Robert F. Bernathy was not present.
PUBLIC COMMENTS:
No comments were received.
BID
Eight (8) bids were received. All had the required 10% bid bond attached.
Motion made by Mr. Sivick and second of Mr. Menditto to accept all of the bids and turn them over to Mr. Greiner for review. The bid will be awarded at the supervisors’ meeting on Wednesday, July 2, 2008 at 7:00 p.m. Unanimous.
There being no further business, meeting adjourned at 3:43 p.m. by the motion of Mr. Sivick and second of Mr. Menditto. Unanimous.
Respectfully submitted,
Robert H. Rohner, Jr.
Secretary/Treasurer