TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
July 12, 2007

The Public Meeting of the Salisbury Township Board of Commissioners was held on the above date in the Township Municipal Building located at 2900 South Pike Avenue, Allentown, Lehigh County, Pennsylvania.

Members attending:
Larry Unger, President
James Brown, Vice-President
Robert Martucci, Jr.
Norma Cusick

Staff attending:
Carl Best, Director of Planning & Zoning
John Andreas, Director of Public Works
Cathy Bonaskiewich, Finance Director
Allen Stiles, Chief of Police
Frank Procyk, representative of the Township Solicitor
David Tettemer, representative of Keystone Consulting Engineers, Township Engineer
Jill Lipovsky Smith, representative of Hanover Engineering Assoc., Alternate Township Engineer

CALL TO ORDER
Commissioner Unger called the meeting to order at 7:30 P.M.

PLEDGE OF ALLEGIANCE

NOTIFICATION
Mr. Best informed the attendees that all sessions of the Salisbury Township Board of Commissioners regular meetings are being electronically recorded for the purpose of taking the Minutes. All public comments on agenda items will be taken at the time of the vote. All public comments related to non-agenda items will be taken after the agenda has been satisfied.

Mr. Best noted that there would be an Executive Session held on two police matters.

PAYMENT OF THE BILLS
On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to authorize payment of the bills.

MINUTES
June 28, 2007
Commissioner Unger declared the June 28, 2007 Board of Commissioners Meeting Minutes approved as submitted.

ORDINANCES
None.

RESOLUTIONS
Consideration of a Resolution to grant Preliminary Subdivision approval for the Uhl subdivision.

Present were Attorney Erich Shock, counsel; Bruce Uhl, developer; and Harry Garman, engineer.

Mr. Garman outlined the proposed plan and described various features of the plan such as infiltration trenches.

Commissioner Martucci inquired about the discharge from the infiltration trenches on the sides of the road.

Mr. Garman noted that there would be pipes crossing the road and distributing to the level spreaders. He explained that the stormwater from rooftops and driveways will be handled with on-lot infiltration. The roadway and the driveways on the uphill side will be collected in the infiltration trenches at the road.

Commissioner Cusick inquired about the proposed building area for the homes on the lots.

Mr. Best stated that the purchaser of the lots would not be confined to the proposed building area, but they would still have to meet the setback requirements.

Mr. Uhl explained that perk tests were performed on all of the lots, infiltration rate testing, and the proposed infiltration trench areas. He noted that a test well was drilled on Lot 6 and the capacity result, the levels of his well and a neighboring well, and the water quality tests.

Ms. Smith noted that she had provided to the Board a summary of the waiver requests from the developer that the Planning Commission had made recommendations on.

Commissioner Martucci inquired about the number of lots that do not conform to the lot depth-to-width ratio requirements.

Ms. Smith explained that there appears to be waivers on all of the lots.

Mr. Uhl explained that the lots have a lot of frontage, but the depth does not meet the ratio.

He noted that the lot does provide enough room for sufficient lot configuration.

Ms. Smith noted that there had been discussions regarding the need for a waiver for the well drilling requirements.

There was a brief discussion regarding manmade features and natural features.

Kevin McNally of 3113 Birchwood Drive commented that the proposed cul-de-sac would render his lot nonconforming. He explained that Mr. Bruce Haigh is his engineer to represent his interests in this matter.

Commissioner Brown inquired whether Mr. McNally had raised the issue in a lawsuit against the developer.

Mr. McNally's lawyer, Attorney Ed Hauff, explained his interpretation of whether Mr. McNally's issues were decided in the lawsuit on the cul-de-sac. He stated that he respectfully disagrees with the Township Solictor's opinion. He stated that there is nothing written in the Judge's Opinion on the nonconformance of Mr. McNally's lot.

Bruce Haigh of Whitmore & Haigh Engineering commented that the Township's Zoning Ordinance does not allow for a reduction of a setback from a public street. He explained that the Zoning Ordinance does require that the right-of-way line be 50 feet from Mr. McNally's house.

Mr. Best expressed his opinion that he agrees with the Solicitor's interpretation. He stated that it is his interpretation that Mr. McNally would have to meet a 25 foot side yard setback and his lot is not being rendered nonconforming.

Mr. Haigh continued to argue his point on his interpretation of the Zoning Ordinance and Mr. Best disagreed.

Attorney Schock commented that the Zoning Officer is not making an issue or considering Mr. McNally's lot to be nonconforming.

There was a lengthy discussion on the road's effect on Mr. McNally's property and interpretations of the Zoning Ordinance.

Mr. Tettemer recalled reviewing the plan and speaking with Mr. McNally on the issue. He recommended that the Board of Commissioners act based on the Zoning Officer's and Solicitor's recommendations.

Wayne Deangelis of 2839 Dewalt Street expressed a concern with the development infiltrating water flowing towards his septic system drain field and noted that Mr. Haigh also represents his interests and would like him to speak on the steep slopes as well.

Mr. Haigh noted questions that were raised concerning the level spreaders. He explained that there is sheet flow coming from the proposed subdivision which would go into level spreaders at a concentrated rate and head towards Mr. Deangelis's springs. He noted that on the Shramke property, the level spreaders go across one of the infiltration beds and towards the Shramke septic system. He explained that Mr. Deangelis's system is 75 feet from the infiltration bed. He noted discrepancies in best management practices and testing protocol for the infiltration beds. He noted that the locations of the infiltration beds will eventually negatively impact the Shramkes and the Deangelises. He commented that he still does not believe that the steep slope issues that he had raised had ever been adequately addressed. Mr. Haigh informed the Board of calculations that he performed on the steep slopes based on the Bascom & Seiger survey and what he found to be discrepancies with the minimum lot size requirements.

Mr. Garman explained that their steep slopes are based on the actual AutoCAD files from Bascom & Seiger.

Ms. Smith explained that based on the information provided by Barry Isset, they agree with the lot sizes and they do not have a reason to dispute what was provided.

Commissioner Unger inquired about the stormwater flow and whether it could overflow the septic system.

There was a discussion regarding alternate sites for the infiltration trenches.

Commissioner Martucci recommended that a note be placed on the deeds that the property owners must maintain the infiltration trenches.

Commissioner Unger suggested placing a 25 feet scenic easement on the properties to help restrict disturbances of drainage and infiltration areas.

Mr. Haigh disagreed with the manmade features noted on the plan. Mr. Uhl explained that he put in a driveway and turnaround and therefore they are manmade features.

Mr. Haigh raised concerns with the stormwater flowing towards the Deangelis and the oils, greases and road salts going into the ground water and into the wells. He stated that the developer cannot adversely impact neighbors. He summed up that the plan does not comply with zoning and the infiltration beds should not be designed as the developer proposes.

Jane Benning of 3111 Douglas Road inquired if the Board members visited the site and noted that there are vernal pools which are nearly extinct. She expressed environmental concerns such as clearing the trees. She asked questions about Mr. Haydt's subdivision plan and the Soil Commission review.

Mr. Tettemer explained that Mr. Haydt's subdivision plan was reviewed and approved according to the Township's ordinances. He explained that the outside agency review and approval are beyond the Township.

Commissioner Cusick asked Mr. Tettemer's opinion of whether Mr. McNally's property would be rendered nonconforming.

Mr. Tettemer commented that when he had reviewed the plan previously he arrived at the opinion that the property would be nonconforming and he still is of that opinion. He noted that there is a process when there is a disagreement with the Zoning Officer's opinion.

Mr. Best stated that he stands by his opinion.

Commissioner Cusick asked Mr. Best to clarify some of the waiver requests.

On motion of Commissioner Brown, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to grant waivers to SALDO Sections 5.3.D.3 (manmade features within 100'), 10.6.A.3 (lot depth-to-width ratio), 10.8.B.2 (test well drilling), and 10.16.C (street trees).

On motion of Commissioner Brown, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to grant deferrals to SALDO Sections 10.12.A (sidewalks) and 10.12.E (curbing).

Commissioner Unger noted that the developer agreed to place scenic easements around each property to prevent disturbances. Mr. Tettemer noted an area that would have to be disturbed for the level spreaders.

On motion of Commissioner Brown, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously that the easements be changed from 20 to 25 feet in all lots except for the area of level spreader D.

On motion of Commissioner Brown, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to conditionally approve the Preliminary Subdivision Plan for the Bruce Uhl subdivision.

Consideration of a resolution to set the recreation fees for development at $1,500 per dwelling unit.

Commissioner Unger noted that there would be an Executive Session after the meetings on police personnel matter.

Commissioner Unger noted the Board looked at the cost of recreation and to have the fees towards recreation for the Township. He commented that it was discovered that the Township's recreation fees are below many other communities.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to set the recreation fees for development at $1,500 per dwelling unit.

MOTIONS
None.

PUBLIC COMMENT
Bill Schnader of 3651 Sunset Avenue informed the Board of high weeds on a neighboring property along Dorney Avenue and problems that he experiences due to lack of its maintenance.

There was a brief discussion on who owns the property and whether it is in the Township.

OTHER BUSINESS
Commissioner Martucci inquired about a trench developing in the road at Center Place.

Mr. Andreas explained that the road will be restored and paved.

Mr. Tettemer noted that they are keeping close track of the work the developer is to complete.

Commissioner Cusick inquired about the number of accidents along Emmaus Avenue.

Chief Stiles listed some recent accidents and briefly explained that the Smooth Operator program covers South Pike Avenue, Broadway and Susquehanna Street. He noted that the police receive many requests to do speed checks throughout the Township and noted that more police personnel are needed.

Commissioner Cusick inquired about flooding of inlets and clearing of debris during rainstorms.

Mr. Andreas explained that measures are taken to clear inlets, although if it is along a State road, then PennDOT is contacted to handle clearing a storm drain.

ADJOURNMENT
As no other business was presented, the meeting was adjourned. The Board of Commissioners went into Workshop.