Coolbaugh Township                                                       FIRST DRAFT

Planning Commission

October 10, 2005 - Page 1

The Coolbaugh Township Planning Commission Meeting of October 10, 2005 was held in the Township Municipal Center, in Building #3, at 5550 Memorial Boulevard, Tobyhanna, Pennsylvania.

Call To Order

Mr. Frank called the meeting to order at approximately 7:00 p.m. and led those in attendance in the recitation of the Pledge of Allegiance to the Flag.

Members present included: Mr. Werner Frank, Mr. Wayne Horne, Mr. Bernard Kozen and Ms. Alma I. Ruiz-Smith. Mr. Ronald Kluge was absent. Also present were PC Solicitor Clark Connor, PC Engineer Russ Kresge and Recording Secretary Jeri Inness.

Approval of September 12, 2005 Meeting Minutes

Motion: Mr. Kozen moved to approve the September 12, 2005 Meeting Minutes and dispense with the reading. Seconded by Ms. Ruiz-Smith. Discussion - none. The motion carried 4-0.

Change in the order of the Agenda

Mr. Frank announced that there was a request from the applicants for the Proposed Zoning Amendments - Pocono Community Church, Inc., to move their Agenda item # 8 up to #1, if there was no objection from the commission members. No objection was heard.

Proposed Zoning Amendments - Pocono Community Church Inc.

Attorney Ralph Matergia, Pastor David Crosby, Brick Linder of Linder Engineering, Jake Seip of Pocono Star Properties and Joe Fisher of Fisher & Fisher Appraisals were present to speak on behalf of the above referenced matter.

Mr. Matergia noted that the applicants withdrew certain aspects of their zoning amendment request, including the discretionary zoning and a curative amendment, leaving a continuing application, which requested a zone change from Industrial to C-2 for the property in question.

Pastor Crosby narrated a Power Point presentation for the Planning Commission and members of the audience, in order to address questions regarding their plans and outlining the church’s reasoning behind selecting the particular 50 acre property located on SR 611, the statistics on the church’s growth and projected growth, their long term goals and possible plans for the future and how they believe they contribute both directly and indirectly to the economy of the community, etc.

Joe Fisher of Fisher & Fisher Appraisals gave an overview of appraisal work done in the area and the negligible impact on the absorption rate of industrial/business properties in those vicinities. He pointed out that in his long experience as an appraiser he has also seen no effect on the real estate values of surrounding properties with certain types of institutions, such as sewage treatment plants and penal institutions. Based on these observations, he believed there should not be a negative impact on property values or absorption rate of industrial/business properties, due to a church being constructed on the site selected by Pocono Community Church, Inc. Public comment was heard from Robert Zito.

Jake Seip of Pocono Star Properties handed out materials to the PC members, in order to address a question raised about using valuable industrial land for a church. Discussion followed regarding balance in growth, land value next to a church, and the benefits to the community through various social programs and cultural facilities sponsored by the church. He also discussed industrial properties still available in the area, competition from other industrial parks in PA, etc.

Mr. Frank asked if the Airport Authority was represented, which it was not. The church’s engineer Brick Linder spoke about FAA guidelines for noise abatement, etc. A brief discussion followed.

Robert Boehning of Pocono Mountains Industries (PMI) spoke about industrial development in Monroe County. He said PMI is not looking to forestall the church’s plans; however, PMI ‘s position is that they do not support conversion of industrial properties to other zoning designations/uses.

Public comment was heard from Robert Zito and Lynn Kelly. Further discussion followed. Mr. Frank explained the role of the Planning Commission, which is to make recommendations to the Board of Supervisors, rather than grant approvals.               

Motion: Ms. Ruiz-Smith made a motion to recommend to the Board of Supervisors that they seriously consider the Zone Change request from Industrial to suit the needs of the Pocono Community Church, Inc., and while acknowledging the Industrial Authority’s position on the matter, support the church in their endeavors. Seconded by Mr. Horne. Discussion - none. The motion carried 4-0.

A five minute break was taken at 8:15. p.m. The meeting resumed at 8:20 p.m.

Official Acceptance Final Minor Subdivision / Annexation Plan conveyed from Tullio Castano to Lakeram Sahadeo

Barry Tompkins of BTT Associates was present on behalf of the above referenced final Minor Subdivision plan. Mr Tompkins gave an overview of the purpose for the Minor Subdivision, which was to take 4.24 acres and combine them with 1 acre  to form a 5.24 acre parcel. Discussion followed regarding typographical errors on the plan, and Mr. Tompkins stressed that there were no proposals for sewage use at this time.

Motion: Mr. Horne moved to accept for Official Review the Final Minor Subdivision / Annexation Plan conveyed from Tullio Castano to Lakeram Sahadeo. Seconded by Mr. Frank. Discussion - none. The motion passed 4-0.

Motion: Mr. Horne made a motion to table the Final Minor Subdivision / Annexation Plan conveyed from Tullio Castano to Lakeram Sahadeo. Seconded by Mr. Kozen. Discussion - none. The motion carried 4-0. Mr. Tompkins was asked to return to the next meeting.

Pocono Mountains Industries Minor Subdivision Plan

Marv Walton of Niclaus Engineering was present on behalf of the above referenced plan. Discussion followed regarding Township Engineer Russ Kresge’s comments in a letter dated October 6, 2005. Discussion followed regarding use of the access easement and the spray irrigation easement within Lot 1, contour lines, sewer and water and related access issues, etc. Mr. Walton said the goal was to join with State Game lands and convey it to Open Space. Per Mr. Walton and Robert Boehning of PMI, present in the audience, the only thing PMI is reserving within Lot 1 is spray irrigation rights for the Pocono Corporate Center East, Phase II.

Motion: Mr. Kozen moved to recommend to the Board of Supervisors that they approve the Pocono Mountains Industries Minor Subdivision Plan, providing that Lot 1 will be an inseparable part of State Game lands and that all of Township Engineer Russ Kresge’s comments in his letter dated October 6, 2005 are satisfactorily addressed. Seconded by Mr. Horne. Discussion - none. The motion passed 4-0.

Mildred Hansen Minor Subdivision

Marv Walton of Niclaus Engineering was present on behalf of the above referenced Minor Subdivision plan. He explained that the applicants want to build an addition on a house on one property, but the expansion is restricted by a lot line, which they want to remove. Because the properties are not in a recorded subdivision, the plan has to come before the Planning Commission.

Township Engineer Russ Kresge pointed out a few minor changes to the plans, and a brief discussion followed regarding contour lines, a request for a modification that needed to be recommended to the Board, etc. Solicitor Connor reviewed a note on the plan explaining the scope of the subdivision.

Motion: Mr. Kozen made a motion to recommend to the Board of Supervisors that they approve the Mildred Hansen Minor Subdivision, provided all of Township Engineer Russ Kresge’s comments in a letter dated October 6, 2005 are satisfactorily addressed and that this recommendation also includes approving the applicant’s request for a modification of Section 404.D(21) of the Subdivision and Land Development Ordinance regarding contour lines. Seconded by Ms. Ruiz-Smith. Discussion - none. The motion passed 4-0.

Preliminary Land Development  Plan, Hemlock Estates, Arcadia Homes of the Lehigh Valley, LLC

Attorney Lisa Pereira, Paul Szewczak of Liberty Engineering and Shawn K. Langen of Arcadia Properties, LLC were present on behalf of the above referenced project.

Discussion followed regarding Township Engineer Russ Kresge’s comments in a letter dated October 6, 2005. Topics of discussion included the Zoning Hearing Board granting approval of the applicant’s request for a Special Exception for construction within the flood plain, sewage system design, sewage flows, access issues, Open Space matters, stormwater issues, an easement needed from adjacent property owner, Pocono Farms, to construct the channel along Hemlock Drive as indicated on the plan, public water, fire hydrants, buffers, walking trails, ongoing litigation, etc.

Township Engineer Russ Kresge suggested that submission of an updated comment letter from the Township Zoning Officer should be considered by the PC. Mr. Frank asked if there was anything on the plans that could not be corrected, and Mr. Kresge said there was not. Discussion followed regarding outstanding items that should be named as conditions to any approval recommendation for the plan. These items included the drainage easement from Pocono Farms and a final sewage disposal system design that must be reviewed and deemed satisfactory by the Township SEO before any construction may begin. It was noted that the project had an extension until October 18, 2005, the date of the next meeting of the Board of Supervisors.

Motion: Mr. Frank made a motion to recommend to the Board of Supervisors that they approve the Preliminary Land Development  Plan, Hemlock Estates, Arcadia Homes of the Lehigh Valley, LLC with the following conditions: 1) an updated review letter from the Township Zoning Officer is received, 2) comments #5, 6, 9, 11-15 in a letter from Township Engineer Russ Kresge are satisfactorily addressed, 3) a drainage easement is obtained from Pocono Farms, and 4) a final sewage disposal system design is submitted and reviewed by the Township SEO and found to be satisfactory. Seconded by Mr. Kozen.

A lengthy discussion followed. Public comment was heard from Bruce Hanby who had questions about the detention basin and asked who would be responsible for the maintenance. Shawn Langen of Arcadia Properties, LLC  responded that maintenance of the detention basin will be a  budgeted item and is included in the covenants. Mr. Hanby also asked about the emergency access on the south side of his property, that stormwater runoff is a problem as it is, etc. Township Engineer Russ Kresge confirmed that there were valid comments that would have to be considered on any final plan. Further public comment was heard from Robert Matthews, Ron and Yvonne Rockwell, Robert Zito and Joyce Hanby.

The motion was called and failed 0-4 (all PC members opposed).

Motion: Ms. Ruiz-Smith made a motion to recommend to the Board of Supervisors that they deny accepting the Preliminary Land Development  Plan, Hemlock Estates, Arcadia Homes of the Lehigh Valley, LLC. Solicitor Connor pointed out that the motion would have to state reasons why the PC is recommending denial of the plan. Ms. Ruiz-Smith rescinded her motion.

Motion: Mr. Kozen moved to recommend to the Board of Supervisors that they do not approve the Preliminary Land Development  Plan, Hemlock Estates, Arcadia Homes of the Lehigh Valley, LLC because 1) there is not an updated review letter from the Township Zoning Officer, 2) comments #5, 6, 9, 11-15 in a letter from Township Engineer Russ Kresge have not been satisfactorily addressed, 3) a drainage easement has not been obtained from Pocono Farms, and 4) a final sewage disposal system design has not been submitted and reviewed by the Township SEO and found to be satisfactory. Seconded by Ms. Ruiz-Smith. The motion carried 3-1 (Mr. Frank opposed).

Lowe’s Home Centers, Inc./ Pocono Star Properties, Inc. - Minor Subdivision Plan

Before the Planning Commission was a letter from Attorney Ralph Matergia requesting that the Planning Commission recommend to the Board of Supervisors that they grant an extension on the Lowe’s Home Centers, Inc./ Pocono Star Properties, Inc. - Minor Subdivision Plan until January 9, 2005.

Motion: Mr. Kozen moved to recommend to the Board of Supervisors that they grant the applicant’s request for an extension on the Lowe’s Home Centers, Inc./ Pocono Star Properties, Inc. - Minor Subdivision Plan until January 9, 2006 or until the date of the first meeting of the Board prior to January 9, 2006. Seconded by Ms. Ruiz-Smith. Discussion - none. The motion carried 4-0.

Motion: Mr. Kozen made a motion to table the Lowe’s Home Centers, Inc./ Pocono Star Properties, Inc. - Minor Subdivision Plan. Seconded by Ms. Ruiz-Smith. Discussion - none. The motion passed 4-0.

Lowe’s Home Centers, Inc. - Preliminary Land Development Plan

Before the Planning Commission was a letter from Attorney Ralph Matergia requesting that the Planning Commission recommend to the Board of Supervisors that they grant an extension on the Lowe’s Home Centers, Inc. - Preliminary Land Development Plan  until January 9, 2005.