The regular semi-monthly meeting of the Board of Supervisors, Hanover Township, Northampton County, Pennsylvania was called to order by Chairman John J. Finnigan, Jr., at the Hanover Township Community Center, 3660 Jacksonville Road, Bethlehem, Pennsylvania, 18017 at 7:30 P.M.

 

            Present were Supervisors Colon, Walbert, Salvesen and Diacogiannis, Mr. Mike Schmalzer for Engineer Birdsall, Attorney Wendy Nicolosi for Solicitor Broughal, Manager Sterner and Public Works Director Kevin Healy.

 

            The Pledge of Allegiance was performed.

 

            Upon motion of Mr. Walbert, seconded by Mr. Colon, the Board approved the Agenda.

Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.

 

            Upon motion of Mr. Walbert, seconded by Mr. Salvesen, the Board approved the minutes, as written, from the meeting of the Board of Supervisors dated April 12, 2005.

Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis abstain.

 

            Upon motion of Mr. Colon, seconded by Mr. Salvesen, the Board approved the minutes, as written, from the Workshop meeting of the Board of Supervisors dated April 19, 2005.

Mr. Finnigan yes, Mr. Colon abstain, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.

 

            Upon motion of Mr. Diacogiannis, seconded by Mr. Salvesen, the Board of Supervisors unanimously approved the List of Bills and Transfers dated April 26, 2005 as prepared by the Secretary/Treasurer, and to enter the signed List of Bills by the Secretary/Treasurer and the Board of Supervisors as an attachment to the minutes.

Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.

 

COURTESY OF THE FLOOR

            Joanne Trotsky of 1155 Yorkshire Road was present regarding an easement in the back of her property and they are having a drainage and water problem from a run-off from Jacksonville Road that is flooding her property and also the neighbors: the Mutarelli’s and the Mathews. There are 20 other properties affected by this flooding. Mrs. Trotsky contacted the Township office to have someone come down and take a look at the problem. Mr. Sterner was away on vacation. Mr. Finnigan went down to review the situation. Mrs. Trotsky received a letter stating that Mr. Finnigan reviewed the situation with the Township Engineer and office staff and it was stated that the swale is the responsibility of the property owners.

            Mr. Finnigan stated that an easement on a property is the responsibility of the home owner to maintain that easement once the maintenance period for a developer has expired.

 

           

            Mrs. Trotsky stated that she has no problem maintaining it but the Township did intervene at one point and it was not effective.

            Mr. Finnigan stated in 1990 the township did some work putting in a concrete pad coming out of the existing drainage pipe which is behind the Matthews property and contoured the land to make sure it was in line with the property to the northeast , which is the Pezzi family and the grading on the majority of the Pezzi property and all of the Trotsky property was okay based on the contours of the land. When you get down to the Munson property and the Jupinsky property, there was plantings that had to be removed and the Township obtained an easement for land from the Mutarelli’s to put in a concrete apron and also a fence that appears to be around the Jupinsky and the Mutarelli properties, which are on the photos from 1990 has been removed.

            A discussion was held on photos that were taken in April 2005 and the drain that was installed to take the storm water elsewhere in the township.

            Mr. Sterner stated in 1990 when the township hired a contractor during a period of time when there was a bond issue for storm drainage in the township, that was one of the areas that was designated to help do some correctional work there because there were things put there by residents at the time that shouldn’t have been in the easement and there was an area right by your property that constantly had wash-outs and the township went and had a concrete apron put in so that you no longer had the problem.

            Mr. Sterner stated unfortunately the problems that you are having now are a result of years of sediment and these current issues are the homeowner’s responsibility.

            Mrs. Trotsky asked what the township can do to correct the problem.

            Mr. Finnigan stated again that it is the property owner’s responsibility for the easement at this point, not the township. If we were to go and put storm sewers on every piece of property we have a storm drainage swale, the cost would be astronomical.

            Mr. Salvesen stated that ultimately to correct the problem, all the property owners need to put the swale back in the condition it was designed to operate in, or better.

 

REPORT OF THE CHAIRMAN

            Mr. Finnigan had nothing to report.

 

REPORT OF THE VICE-CHAIRMAN

            Mr. Diacogiannis had nothing to report.

 

DEVELOPMENTS

            Mr. Rick Getter was present representing DeLuca Homes (Valley View Estates) in regards to the Preliminary/Record Plan conditions.

            It was noted that the Developer agreed with the conditions.

            Mr. Colon moved that the Board approve to adopt the conditions and terms relative to Valley View Estates prepared and provided to the Developer/Owner for signature and the Township Secretary is authorized to notify the Developer of the Board’s action relative to this matter as follows:

CONDITIONS:

 

1.                  The Developer/Owner shall enter into an Improvement Agreement with the Township and provide appropriate security.  (S.A.L.D.O. Section 159-30.D.5).

 

 

 

 

 

A.        The Improvement Agreement shall include a notarized statement, satisfactory to the Township Solicitor, stating that the Township shall be held harmless against any claim of damage from the downstream property owners that may result from the proposed development.  (Stormwater Section 152-10.E).

 

B.         The Improvement Agreement and a separate covenant running the land shall include provisions satisfactory to the Township Solicitor, that the stormwater collection, conveyance and control facilities located on private property shall be properly operated and maintained and identify responsibility for continued ownership.  (Stormwater Section 152-10.M).

 

2.         The Developer/Owner shall enter into a Maintenance Agreement with the Township and provide appropriate security.  (S.A.L.D.O. Section 159-30.D.(6)).

 

3.         The Developer/Owner shall provide a plan containing the Uniform Parcel Identifier Number and street address for each lot in the development.  (S.A.L.D.O. Section 159-15.J and Section 159-30.E.(8)).

 

4.         The Developer/Owner shall provide 1.00 acres of open space shown as Lot 26 on the plan (0.04 x 25 lots).  (S.A.L.D.O. Section 159-16.D).

 

5.         The Developer/Owner shall provide an approved N.P.D.E.S. Permit for this development.  (S.A.L.D.O. Section 159-29.E.(6)).

 

6.         The Developer/owner shall provide a description for a Deed of Dedication for each of the following:

 

            A.        All interior roadways (Gwenmawr Drive and Lilac Drive).

            B.         Open Space/Recreation Area (Lot 26).  (S.A.L.D.O. Section 159-30.C.(2))

 

7.         The Developer/Owner shall pay all current fees, including any outstanding Plans and Appeals Account charges. (S.A.L.D.O. Section 159-36.J).

 

8.         The Developer/Owner shall provide an Impact Fee of $11,951.00 for 37 P.M. Peak Hour Trips (37 P.M. Peak Hour Trips X $323.00/Trip).  This fee is payable at the time the individual Building Permits are applied for on each building lot.  (Ordinance 91-12, Resolution 97-11).

 

9.         The Developer/Owner shall provide a Connection Fee of $20.00 per lot and a Tapping Fee of $34,097.50 (25 EDU x $1,363.90) prior to issuance of the Building Permit.  This fee is payable at the time the individual Building Permits are applied for on each building lot.  (Tapping and Connection Fee Ordinance 95-7).

 

10.       The Developer/Owner shall provide two (2) Mylars for recording the plans and ten (10) sets of plans, which are signed and notarized by the Owner and sealed by the Engineer. (S.A.L.D.O. Section 159-34.B).

 

11.       The Developer/Owner shall provide written approval from the City of Bethlehem for the water plans and the interconnection of the water lines into East Allen Township.  (S.A.L.D.O. Section 159-29.E(1)/159-30.D.(4)).

 

12.       The Developer/Owner shall meet all conditions of the Preliminary/ Record Plan approval, and the Record Plan shall be recorded within twelve (12) months of Conditional Plan approval, and agrees that if such conditions are not met, the conditional Record Plan approval shall be considered void, and the application for Record Plan approval shall be considered void and withdrawn.

 

            Mr. Colon further moved that the Township recognizes that the Developer has requested certain specific waivers of Township Regulations and the Township is hereby granting certain specific waivers as listed below:

 

A.                 That the Board of Supervisors waive the requirement that structures not be allowed in the side or rear yards and allow the detention basin to be located in the side and rear yard as shown on the plans.  (Zoning Section 185-14.G).

 

B.                 That the Board of Supervisors waive the requirement that cul-de-sacs not exceed six hundred feet (600’) in length and to allow the temporary cul-de-sacs for Gwenmawr Road and Lilac Drive as shown on the plans.  (S.A.L.D.O. Section 159-11.D).

 

C.                 That the Board of Supervisors waive the requirement that intersections be at right angles whenever practicable and to allow the western intersection of Gwenmawr Road and Lilac Drive to be shown on the plan.  (S.A.L.D.O. Section 159-11.G.(5)).

 

D.                 That the Board of Supervisors waive the requirement that a seventy-five-foot (75’) tangent section is required between a curve and a street intersection and to allow the western intersection of Gwenmawr Road and Lilac Drive to be as shown on the plan.  (S.A.L.D.O. Section 159-11.M.(2)).

 

E.                  That the Board of Supervisors waive the maximum storage depth of stormwater in the detention basin for the 10-year storm event of two feet (2’) and to allow the proposed depth of 2.84’ and for the 100-year storm event of three feet (3’) and to allow the proposed depth of 3.17’ as shown on the plan.  (Stormwater Management Ordinance 98-2, Section 152-10.I(6)(a) and (b)).

 

F.                  That the Board of Supervisors waive the requirement that detention basins shall have a minimum bottom slope of 2% and allow a 1% bottom slope with a cable concrete low flow channel as shown on the plans.  (Stormwater Management Ordinance 98-2, Section 152-10.H.(10)).

 

Also, to notify the Developer of the Board’s action.

Mr. Walbert seconded the motion.

Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.

             

 

 

PUBLIC WORKS

            A discussion was held concerning a letter from Lower Nazareth Township requesting 60,000 gallons per day of sanitary sewer conveyance from Hanover Township.

            Mr. Finnigan directed the Township Manager, Township Solicitor and Township Engineer to negotiate with Lower Nazareth .

 

PLANNING & ZONING

            The Board discussed the Shenk Zoning Petition.

            The Board directed the Township Manager to review the petition and if the patio is in the swale; the Township Solicitor and Township Engineer are directed to attend the Zoning Hearing Board meeting.

 

DEVELOPMENTS

            Mr. Colon moved that the Board reject the request of Brith Sholom to end the maintenance period and to notify the Developer that his maintenance responsibilities remain in effect and to complete the items listed in Hanover Engineering’s letter dated April 22, 2005 and to request a re-inspection prior to June 3, 2005.

            Mr. Walbert seconded the motion.

Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.

 

            Mr. Colon moved that the Board take the following action with respect to Hanover Highlands Lot 4-5 Subdivision Plan:

1.      That the Township reject the Owner’s request to end the maintenance period on the “Road Improvements”.

2.      That the Township urge the Owner to address the Punch List items including: storm sewer; road and curb; etc. and request an inspection of the improvements prior to June 3, 2005.

3.      That the Township requests the Owner to provide written verification that the maintenance security has been amended and is in force for the “Roads” and “other improvements” prior to May 20, 2005.

4.      That the Developer adhere to Township Policy #25 (payment of Plans and Appeals Account charges).

Also, to notify the Developer of the Board’s action.

Mr. Walbert seconded the motion.

Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.

 

            Mr. Colon moved that the Board approve to grant the Developer a release of $34,000.00 for the John Selko Lot Development Plan. Also, for the work remaining plus contingencies, the Township maintains the Improvement Security at a minimum of $85,400.00.

            Mr. Walbert seconded the motion.

 

            Mr. Colon moved that the Board approve to grant Lehigh Valley Corporate Center, Phase II Lot 7 & 8 a twelve month extension to the Conditional Use Approval to April 26, 2006 and to notify the Developer of the Board’s action.

            Mr. Walbert seconded the motion.

Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.

 

            Mr. Colon moved that the Board approve to grant Hanover Ridge Phase I, II and III a twelve month extension to complete the Improvements to April 29, 2006; and to notify the Developer of the Board’s action.

            Mr. Walbert seconded the motion.

Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.

 

TOWNSHIP MANAGER’S REPORT

            Mr. Sterner had nothing to report.

 

PUBLIC WORKS REPORT

            Mr. Healy had nothing to report.

 

SOLICITOR’S REPORT

            Attorney Nicolosi had nothing to report.

 

ENGINEER’S REPORT

            Traffic Light has been installed at Jacksonville & Stoke Park Road.

            Jaindl should start work next week in the Hanoverville Road/Township Line Road area.

 

ROAD REPORTS

            Mr. Walbert – Road District #1, Mr. Salvesen – Road District #2, Mr. Diacogiannis – Road District #3, Mr. Colon – Road District #4 and Mr. Finnigan – Road District #5 & 6 had nothing to report.

 

 

            Upon motion of Mr. Colon, seconded by Mr. Walbert, the Board approved adjournment at 8:35 P.M.

Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.

 

 

 

 

                                                                                                Linda J. Sterner

                                                                                                Secretary/Treasurer