PLANNING COMMISSION

Hanover Township Northampton County

3630 JACKSONVILLE ROAD

BETHLEHEM, PA 18017

Minutes of the August 11, 2003 Meeting

Meeting #794 of the Hanover Township Northampton County Planning Commission was held at the Hanover Township Municipal Building, 3630 Jacksonville Road, Bethlehem, Pennsylvania, Monday, August 11, 2003, and convened at 7:30 P.M.

Planning Commission members in attendance:

Mark Tanczos

Joseph Hilton

Paul Kuehne

Karen Fritz

John McGonigle

George Scoggin

Glenn Taggart

Hanover Engineering Associates, Inc. represented by Charles M. Schmalzer, P.E.

Leo DeVito, Esq.

Chairman Tanczos advised that the Planning Commission met in executive session prior to this meeting pertaining to the settlement stipulation with the Church on the Move.

Correction to Page 3 of the July 7 Planning Commission minutes. Section 152-10-I8 should read Regarding access ramp into basin, developer will provide a 10’ wide access provided on a 5:1 slope instead of a 10:1 slope.

Noting this correction, the minutes were approved on the motion of McGonigle, seconded by Hilton. Fritz abstained.

JUST BE NATURAL - RICHARD BARTOLACCI Conditional Use

Michael Russek (MSG Engineering) Richard Bartolacci (Owner)

Russek stated existing building with a mixture of tenants, containing 97,660 square feet, is located on 8.2 acres at the northeast intersection of Courtney Street and Highland Avenue. Located in the southwest area of building is the existing JBN wholesale showroom, picking showroom for catalog sales of the product manufactured on site, sampling bar and office. Proposed are two areas for wholesale sports equipment and wholesale sports clothing, which are needed as part of the JBN business expansion. These three areas combined cover 5% of the building area, or 1.3% of the lot area. JBN has been operating for 14 years. Expansion is needed due to consumer requirements. Operation is 95% wholesale.

Bartolacci advised that 10% of the items are on the showroom floor, 90% are in the warehouse. Nutritional education is given. 90% of their business is sports nutrition. Powders, pills and capsules are manufactured here.

Business hours are Monday through Friday 10 to 7.....Saturday 10 to 5.....Sunday closed. There is one clerk at the front door.

JBN tries to reach the sports athletic minded individuals. They sell a basic nutritional supplement. They don’t sell a product that would potentially harm an individual, nor do they sell to a child who doesn’t need it. They market to educate the public. They try to approach schools to offer nutritional support.

There are no retail operations. They do sell to retailers, consumers and over the Internet. Mailing is conducted by way of the back door with pick up once a day.

Nine years ago, parking was increased by 32 spaces, bringing the total parking to 258 spaces.

The lot is located on the Hanover Township/Bethlehem Township boundary line. Russek advised the actual use within the building is 400 feet from the property line.

JBN does not meet the 2 to 5 acre lot size Zoning criteria. Russek advised they do not exceed 10% of the total area of land.

Tanczos commented there is a showroom plus a retail outlet. Intent of retail uses per Zoning Ordinance is to service the park.

Motion was made by Tanczos, seconded by Fritz, to recommend granting Conditional Use approval for the retail use for Just Be Natural.

Hilton, no; Kuehne, no; McGonigle, yes; Taggart, yes; Fritz, yes; Scoggin, yes; Tanczos, no

Attached letter forwarded to the Board of Supervisors.

HINDU TEMPLE SOCIETY Lot Consolidation Plan

Chris Kerkusz (Martin Schuler Company)

Plan consolidates two properties to 5.86 acres owned by Hindu Temple. Consolidation is requested prior to their submitting a Land Development Plan for an additional classroom and increased parking.

Motion was made by Tanczos, seconded by Kuehne, to recommend approval of requested waiver of S.A.L.D.O. Section 159-29.C waiving showing existing features.

Hilton, yes; Kuehne, yes; McGonigle, yes; Taggart, yes; Fritz, yes; Scoggin, yes; Tanczos, yes

Motion was made by Tanczos, seconded by McGonigle, to forward letter to the Board of Supervisors recommending Lot Consolidation approval.

Hilton, yes; Kuehne, yes; McGonigle, yes; Taggart, yes; Fritz, yes; Scoggin, yes; Tanczos, yes

HANOVER POINTE Record Plan

Robert Gundlach, Esq. (Fox Rothchild) Greg Elko (Langan Engineering)

Walter Smerconish (Main Street Group)

Major revision is the road access on Macada Road. PP&L refused to grant an easement to allow for access across from Whitewood Road, explaining they intend to expand their substation. This necessitated revising access location, which now aligns with the center access drive through the site. The road that formerly was the access now ends in a cul-de-sac.

Another change eliminated retaining wall and Lot 102 at proposed location. Alternate sketch relocates Lot 102 between Lot 77 and Lot 78 at intersection of Roads C and B inside the site. Planners prefer alternate sketch.

Detention pond was reshaped due to a PP&L easement location. The part of the basin that held water was pulled out of the easement. PP&L requested that their staging area remain at the same grade. Developer will comply.

Waiver requests were discussed and voted upon.

S.A.L.D.O. Section 159-13-B1 - Per Stipulation of Settlement, no sidewalk is required along Macada Road.

Motion was made by Tanczos, seconded by Kuehne, to recommend waiver approval.

Hilton, yes; Kuehne, yes; McGonigle, yes; Taggart, no; Fritz, yes; Scoggin, yes; Tanczos, yes

S.A.L.D.O. Section 159-15-B4 - Per Stipulation of Settlement, lot depth is less than 150’.

Motion was made by Tanczos, seconded by McGonigle, to recommend waiver approval.

Hilton, yes; Kuehne, yes; McGonigle, yes; Taggart, yes; Fritz, yes; Scoggin, yes Tanczos, yes

S.A.L.D.O. Section 159-15C - Per Stipulation of Settlement, corner lots do not meet the required lot area.

Motion was made by Tanczos, seconded by McGonigle, to recommend waiver approval.

Hilton, yes; Kahn, yes; McGonigle, yes; Taggart, yes; Fritz, yes; Scoggin, yes Tanczos, yes

S.A.L.D.O. Section 159-15-I-4a(3) - Per Stipulation of Settlement, the centerline of a driveway at the point of access to a street shall not be located closer than 75’. Waiver is requested for the lots on the flat portion of the two intersections (Lots 10 and 11, Lots 60 and 61).

Motion was made by Tanczos, seconded by Kuehne, to recommend waiver approval.

Hilton, yes; Kuehne, yes; McGonigle, yes; Taggart, no; Fritz, yes; Scoggin, yes Tanczos, yes

STORMWATER MANAGEMENT Section 152-10-I-6a and b - Per Stipulation of Settlement, waiver requested to exceed maximum runoff depth of 10-year limit of 2’ and 100-year limit of 3’.

Motion was made by Tanczos, seconded by Hilton, to recommend waiver approval.

Hilton, yes; Kuehne, yes; McGonigle, yes; Taggart, no; Fritz, yes; Scoggin, yes Tanczos, yes

STORMWATER MANAGEMENT Section 152-10-I-6d - Per Stipulation of Settlement, waiver requested to reduce distance from a residential building to the 100-year flood elevation from 100’ to 25’. Actual distance at Lot 81 is 40’.

Motion was made by Tanczos, seconded by McGonigle, to recommend waiver approval.

Hilton, yes; Kuehne, yes; McGonigle, yes; Taggart, no; Fritz, yes; Scoggin, yes Tanczos, yes

STORMWATER MANAGEMENT Section 152-10-I8 - Developer is requesting a waiver to allow a 5:1 slope. Basin will be owned and maintained by the Homeowner’s Association.

Motion was made by Tanczos, seconded by Hilton, to recommend waiver approval.

Hilton, yes; Kuehne, yes; McGonigle, yes; Taggart, yes; Fritz, yes; Scoggin, yes Tanczos, yes

STORMWATER MANAGEMENT Section 152-10-I10 - Waiver is requested to allow 1% bottom slope. Developer agrees to provide a low flow channel. Design must be provided.

Motion was made by Tanczos, seconded by Kuehne, to recommend waiver approval.

Hilton, yes; Kuehne, yes; McGonigle, yes; Taggart, yes; Fritz, yes; Scoggin, yes Tanczos, yes

Developer will submit draft of Covenant draft to Township Solicitor for his review. Copies will be provided to Planners for their comments. Fencing must be approved by the Homeowner’s Association Board, as well as the Township. If desired, a split rail fence with wire mesh will be offered. Fence will be located inside the berm at properties along Macada and Jacksonville Roads. One contractor will do all of the grass cutting. Restrictions include: commercial vehicles, trailers, laundry hanging outside, pools, sheds, outbuildings of any kind. Trash cans will be consistent with one contract for the trash. Decks will be permitted subject to submitting a sketch for approval.

Developer prefers to tie into the Bethlehem Water system but needs Utilities, Inc. - Westgate to relinquish their water rights.

Drainage facilities must be installed to handle the 100-year storm. Developer will address this issue.

A Lot Plan will be submitted for every lot prior to obtaining a building permit.

Motion was made by Tanczos, seconded by Kuehne, to forward a letter to the Board of Supervisors recommending conditional approval based on addressing all issues outlined in Hanover Engineering’s letter dated August 7, 2003.

Hilton, yes; Kuehne, yes; McGonigle, yes; Taggart, yes; Fritz, yes; Scoggin, yes Tanczos, yes

JAINDL ZONING MAP AMENDMENT

Schmalzer advised that approved road configuration for the Jaindl property east of Route 512 offered one new public road and one separate commercial driveway.

Upon further consideration, the Township felt it would be beneficial to provide two public road intersections for access to and from proposed Commercial and Industrial development. PennDot prefers this proposed design.

Truck traffic would be directed to the northern intersection.

The southern public road serves as a separation between Commercial and PIBD.

Left turning lanes are included.

Roads will be signalized.

Proposed road configuration increases the Commercial property by 11.6 acres, reducing the PIBD by the same acreage. Rezoning is necessary.

Planner Kuehne felt the 32 acre Commercial parcel is larger than what was desired. Supervisor Finnigan advised that the Improvement Agreement remains with no changes. The limitation is two 70,000 square foot buildings with the remaining the size of a strip mall.

Constructing the proposed new road improvements will increase Jaindl’s cost.

Planners agree proposal would offer a big improvement for traffic movements.

Motion was made by Tanczos, seconded by Kuehne, to forward letter to the Board of Supervisors recommending the rezoning from PIBD to C-2, based in accordance with the objective of the Comprehensive Plan.

Hilton, yes; Kuehne, yes; McGonigle, yes; Taggart, yes; Fritz, yes; Scoggin, yes; Tanczos, yes

ENGINEER’S REPORT

Progress at the Aspen Inn project has been hampered due to the heavy rains.

PLANNING

The sub committee for the Comprehensive Plan had a very interesting meeting with Larry Krauter of the airport.

Sylvia McLaughlin - Clerk