Welcome to Upper Saucon Township

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, September 8, 2008 - 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
John E. Gilda, Jr.
Joyce V. White

Participating:
Stephen C. Wagner, Vice Chairman
Via Speakerphone

Members Absent:
Joseph M. Horvath

Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Sharyn Heater, Director of Community Development
Jeffrey Dimmich, Township Solicitor
Dennis Harman, P.E., Township Engineer

CALL TO ORDER
Chairman Gutzmirtl called the meeting to order at 6:00 p.m. in the Public Meeting Room of the Upper Saucon Township Municipal Building, 5500 Camp Meeting Road, Upper Saucon Township, Lehigh County, PA.

PLEDGE OF ALLEGIANCE
Chairman Gutzmirtl asked all in attendance to stand and recite the “Pledge of Allegiance.”

Before the Chairman opened the floor to public comment he asked all those present to keep Supervisor Joe Horvath in their thoughts and prayers as he had just received a much awaited kidney transplant.

CHAIRMAN’S REMARKS
Chairman Gutzmirtl spoke about the need for volunteers in the various community service organizations and municipal entities throughout the Township, including the fire company, library, ambulance corps, and the different Township boards and commissions. Anyone interested in volunteering, he said, could contact Mr. Beil for more information.

PUBLIC HEARINGS
North 40 Estates – North 40 Estates Subdivision – Application for Conditional Use Approval
A public hearing was held to accept public comment and input on the Conditional Use Application of North 40 Estates to consolidate four parcels for the development of 16 single-family detached dwellings on 39.39 acres located at 4731, 4781, 4811, and 4857 Spring Drive. The applicant requests conditional use approval pursuant to Sections 1402, 1404, and 1702 of the Township Zoning Ordinance. The subject properties are zoned R-1 – Rural Residential District and are located within the ESZ – Environmentally Sensitive Zone Overlay.

Attorney Dimmich handled the proceedings on behalf of the Township reading Exhibits T-1 through T-11 into the record.

Present on behalf of the applicant were Attorney Kate Durso, Scott Muller, Professional Engineer from Gilmore & Associates, and Colin Brand, professional geologist from Brand Environmental Consulting Services. Messrs. Muller and Brand gave testimony in support of the applicant’s request for Conditional Use Approval.

Public comment on the North 40 Estates Conditional Use Application is summarized as follows:

Frank Brassell - 4958 Bowood Street – Mr. Brassell had concerns about the grading on the west bank of the stream that runs between his property and the applicant’s property. He also commented on a proposed footbridge that he felt may not be used as intended.

Cathy Deschu – 4804 Bowood Street – Mrs. Deschu voiced her concerns about the proposed walkway at the end of Calvert Place and how it would be negatively affected by water collection and runoff in the area. Additionally, she feared the development, if approved, would create a larger, more severe, storm water problem for her neighborhood. She also had concerns about the emergency spillway for the retention pond and the fact it was aimed toward her home instead of the wetlands contained on the developer’s property.

Attorney Dimmich advised Mr. Brassell and Mrs. Deschu that the footbridge and storm water issues would be addressed at a future meeting where the plan would be reviewed under the Subdivision and Land Development Ordinance.

Mr. Harman requested that Mrs. Deschu provide him with the pictures she has documenting the water collection and runoff problems.

George Rohrbach – 4866 Spring Drive – Mr. Rohrbach had some reservations about the installation of a new road across from his driveway to service the development.

Bernadette Brassell - 4958 Bowood Street – Mrs. Brassell asked about the possible re-designation of a swale to a stream and the environmental impact of that designation.

Mr. Harman said the area Mrs. Brassell was referring to, he believed was not a swale, but an intermittent stream.
Randall Malick – 5058 Bowood Street – Mr. Malick relayed his experiences with storm water collection and runoff in his neighborhood.

Attorney Dimmich again reiterated what the purpose was for the public hearing, which was to address the plan’s compliance with the Township Zoning Ordinance.

Chairman Gutzmirtl and Ms. Heater assured Mr. Malick that the water issue on his property and in his neighborhood would be addressed in the near future.

William Anastasia – 4732 West Hopewell Road – Mr. Anastasia fears that harmful contaminants would run off from the construction of the development into the stream affecting not only his farm, but the wildlife in the woods surrounding the stream. He was also upset because he believed that the area where the development was being proposed was wetlands and was therefore undevelopable.

Jay Keller – 4803 Bowood Street – Mrs. Keller asked how easily geologists could identify sinkholes.

Colin Brand, Professional Geologist from Brand Environmental Consulting Services, Inc., responded to Mrs. Keller’s question by explaining the process by which he determines the presence of sinkholes. He also provided the details of the borings performed on the property.

Mr. Gilda inquired as to why there appeared to be discrepancy in acreage, since in the original application the development was to be built on 35.857 acres, but the conditional use approval read 39.39 acres.

Mr. Caruso explained that a lot line adjustment created at larger parcel, which was supported and clarified by an explanation from Attorney Durso.

Mr. Gilda also cited a discrepancy between those two acreage figures and a third, approximately 30 acres, which was printed in the geology report.

Mr. Brand explained the acreage used in the geology report was an estimate not an actual, but that the entire tract had been studied.

A motion was made by Mr. Gilda and seconded by Mrs. White to approve the Conditional Use Application of North 40 Estates, subject to the following conditions:

Compliance with the recommendations contained in the August 4, 2008 SAIC review letter, and;
Revisions of the Subdivision Plan to include a note placing future lot owners on notice that the lots contain sensitive environmental features, such as wetlands, and;
Stormwater management issues being adequately addressed by the applicant in compliance with the Stormwater Management Ordinance (Ordinance No. 108-A) and the Subdivision and Land Development Ordinance.

A stenographer was present to record the proceedings. A copy of the transcript from the hearing is attached hereto, made a part hereof, and marked as Attachment “A.”

FIVE MINUTE RECESS
The Board took a brief recess before proceeding with the remainder of the agenda items.

SUBDIVISIONS AND LAND DEVELOPMENTS
Swan Lot Line Adjustment – Resolution No. 2008-27
A motion was made by Mrs. White and seconded by Mr. Gilda to adopt Resolution No. 2008-27 conditionally approving the Preliminary/Final Plan of Premier Land Development, L.P., to transfer 18.18 acres from the property at 2115 Flint Hill Road to the property at 1600 Taylor Drive.

Mr. Gilda requested a brief review of the lot line adjustment plan details, which Mr. Beil promptly provided.

There was then a short discussion that took place between members of the Board and Attorney Dennis Benner from Premier Land Development, L.P., regarding the specifics of the lot line adjustment.

MINUTES
Regular Meeting of August 11, 2008
A motion was made by Mr. Gilda and seconded by Mr. Wagner to approve the minutes of the August 11, 2008 regular meeting of the Upper Saucon Township Board of Supervisors.

MOTIONS
Request for Payment – Aqua Net Environmental, Inc. – Certification No. 4
A motion was made by Mr. Gilda and seconded by Mrs. White to authorize payment in the amount of $3,918.75 to Aqua Net Environmental, Inc. for work completed on the return activated sludge system at the Sewage Treatment Plant.

Request for Payment – American Shoring, Inc. – Certification No. 1
A motion was made by Mrs. White and seconded by Mr. Gilda to authorize payment in the amount of $45,864.00 to American Shoring, Inc., for the purchase of four aluminum trench shoring boxes.

Request for Payment – C & T Associates, Inc. – Certification No. 4
A motion was made by Mr. Wagner and seconded by Mr. Gilda to authorize payment in the amount of $146,192.95 to C & T Associates, Inc., for work completed on Well No. 2 at the Colonial Crest water supply facility (Contract No. 1 – Mechanical).

Sale of Used Township Vehicles and Equipment
A motion was made by Mr. Wagner and seconded by Mrs. White to authorize the sale of the following township-owned vehicles and equipment at the Municipal Surplus Consignment Auction to be held on Saturday, October 25, 2008 at 10:00 a.m. at the Northampton Borough Garage:

1995 Ford F350 4X4 Truck (Enclosed Utility Body) with approximately 92,913 miles and 7.5 Western Snow Plow
Wacker – Rammer Model # BS600 S/N 5057631
Wacker – Vibrating Plate Model # VPG160K S/N 415107298
Tow Motor 2000 lb. Forklift Model # 357SG2024 S/N 351SD219

DIRECTION / DISCUSSION ITEMS
Proposed Spiritual Retreat Center at 4530 Vera Cruz Road
Mr. Beil told the Board that no action was required on the agenda item; however, because of the unusual nature of the application, the Township Staff felt it necessary to inform Supervisors. He said this matter was scheduled to go before the Zoning Hearing Board on October 15, 2008, so the Board would not have to decide whether or not to intervene until the following meeting.

Attorney Kate Durso was present on behalf of LB Eugene, L.P., the company proposing the Spiritual Retreat Center. Attorney Durso provided the Supervisors with a summary of the application, including the location and size of the property, as well as an overview of the structures currently on the tract, what renovations would be done, and how generally the facilities would be used and by whom.

Larry Stauffer, a representative from LB Eugene, L.P., was also in attendance to provide insight into the application. He provided the Board with a better understanding of what would take place at the facility if the appeal was granted.

Mr. Beil suggested that if the facility was approved that strict conditions and controls be put in place to ensure the use remains a spiritual retreat and does not transform over time into a treatment center or hospital of sorts. The best way to do so, Mr. Beil said, would be to refer the matter to the Planning and Zoning Committee or the Township Solicitor’s office, so that conditions can be drafted and submitted to the Zoning Hearing Board.

Attorney Durso said the applicant would have no objections to conditions being placed on the facility’s approval.

It was the consensus of the Board to refer the matter to the Planning and Zoning Committee who, in conjunction with the Township Solicitor’s office, would draft reasonable conditions to be attached to any approval granted by the Zoning Hearing Board regarding this appeal.

Draft Zoning Ordinance – Review by Heritage Conservancy or Another Conservation Organization
Chairman Gutzmirtl, along with Mr. Wagner, Vice Chairman, would like another professional organization to review and comment on the Zoning Ordinance re-write drafted by Harry Roth, Consultant and the Township Staff. While they both felt the work done to date has been excellent, they thought it was best to receive input from an outside source. Therefore, Chairman Gutzmirtl said proposals were being obtained from the Heritage Conservancy and the Natural Lands Trust Group for review of the draft Zoning Ordinance.

Mr. Beil added the Board might consider referring the proposals to Committee and allowing a Committee to decide which organization should perform the review.

Mr. Gilda believed it was prudent to have an outside organization review the draft and felt that a Committee could handle choosing the organization.

It was the consensus of the Board to refer the matter to the Planning and Zoning Committee and to allow that Committee to decide which organizations should review the Draft Zoning Ordinance.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #09082008 dated 09/05/2008……$257,938.21
Warrant List #09082008 dated 09/05/2008……………$649,360.06

A motion was made by Mrs. White and seconded by Mr. Gilda to authorize payment of the Prepaid Invoice List and Warrant List #09082008 dated 09/05/2008.

COURTESY OF THE FLOOR
Rick Nelson – 5675 Applebutter Hill Road – Mr. Nelson asked if the Township could require the developer of North 40 Estates to perform an impact study that would show how the homes would affect residents’ taxes.

Attorney Dimmich said legally the Township could not ask the developer to perform such a study.

ADJOURNMENT
A motion was made by Mrs. White and seconded by Mr. Gilda to adjourn the meeting.