7:30 PM
June 9, 2009

A Regular Meeting of the Planning Commission of the Township of Salisbury was held on the above date at the Township Municipal Building located at 2900 South Pike Avenue, Allentown, Lehigh County, Pennsylvania. Present were Commissioners Beck, McKitish, Hebelka, Schreiter, Hassick, Licht and Snyder. Also present were Mr. Tettemer, representative of the Township Engineer; Attorney Ashley, Township Solicitor; and Ms. Sopka, Director of Planning & Zoning.

Mr. Beck called the meeting to order.

On motion of Mr. Licht, seconded by Mr. McKitish, the Planning Commission voted 7-0 to approve the May 12, 2009 Planning Commission Meeting Minutes as amended.

Mr. Snyder is omitted from roll call due to a late arrival. Correction of conditions for the Haunted House exhibition opening days should be stated Thursday, Friday, Saturday and Sunday.

1040 Flexer Avenue – St. Thomas More Church & School Preliminary/Final Land Development Plan for Additions and Alterations.

Mr. Lee Shankweiler, of Architecture First, the architect for the project and Mr. Robert Daday, Chairman of the Building Committee at St. Thomas More was present.

Mr. Tettemer highlighted the Township Engineer review letter dated June 3, 2009.

There were no issues with any of the comments noted, except for item #2. On the original submission there was an issue with the 24 ft wide access drive. Parking has been removed and replaced with a loading area/turn around. Ms. Sopka advised the project did go through the Zoning Hearing Board and they did receive the Variance to Zoning Ordinance 307.2.B. Therefore, because it was addressed at the Zoning Hearing Board, the fact that 24 ft. wide access was amended in the new submission of the site plan, there was no need for a Variance to be granted. The Zoning Hearing Board made clarification in favor of the plans as they stood.

Mr. Tettemer stated, in conclusion when all the highlighted items have either been addressed or agreed to, we would recommend engineering approval of this preliminary final land development plan.

As requested by Salisbury Township in a May 27, 2009 letter. Plans were submitted to South Whitehall Township and they were very cooperative and responsive in regards to stormwater runoff.

Mr. McKitish requested clarification in regards to SALDO 5.3.D.3 (e). He questioned if there is any possibility that there are buried utilities through the encroachment area? Mr. Tettemer advised there was notation on the plan that there were no utilities in that area. The waiver is showing utilities beyond the property line, anything within the area they must show. Advisement was made that they do have detailed utilities locations in all areas.

Mr. Tettemer would like the note revised to say that all utilities within the general area of construction are shown on the plans.

On motion of Mr. Hebelka, seconded by Mr. Schreiter, motion was made to accept all waivers from SALDO 3.2.A.3, SALDO 5.3.D.3 (e) and SALDO 5.3.F.3 (h). Motion passed by unanimous voice vote.

On motion of Mr. Hebelka and seconded by Mr. McKitish recommending approval of the plan subject to any outstanding conditions as identified by the Engineer, as well as, any other applicable requirements from State, Federal, Local, or other Municipalities within this area. Motion passed by unanimous voice vote.

1601 SW 33rd Street – Devonshire Park Apartments – Request Subdivision and Land Development Ordinance Waiver to Section 10.10.B.2.(h) and (i) – as it pertains to stormwater drainage.

Present were Mr. Amit Mukherjee, Engineer of Base Engineering and Jay Musselman, Surveyor of Musselman Associates. Mr. Tettemer highlighted the Township Engineer’s review letter dated June 3, 2009.

Mr. Mukherjee agreed to all comments based by Salisbury Township Engineer. Mr. Mukherjee made reference to all comments. He stated comments #1 and #5 relates to the same subject and he agrees to reduce the excess dimensions of the infiltration system. For comment #2, he would like to place the exact language from the Ordinance on the plans. For comment #3 in regards to replacing 8 inch clay sanitary sewer, they will abide by the Township’s Engineers request. For Comment #4, they are in agreement with Township Engineer.

Mr. Musselman clarified their previous approval for final plan in September of 2007 and since that time they have been working with the County Conservation District along with DEP. This is why they are coming back with waiver requests. Mr. Tettemer advised that they written request is correct. Also, if it were up to him we would not be infiltrating in this area, but DEP states they have meet and satisfied the requirements of Act 167.

Mr. Licht questioned Mr. Tettemer about the relationship between comments #1 and #5. PA DEP did some probes and looked at the soil and there were certain sections that were not going to percolate very well. Mr. Tettemer stated he requested infiltration tests be done. PA DEP did the testing and proved that it does meet the Act 167 requirement for infiltration. Mr. Tettemer advised the (water has to percolate) average rate over the entire area has to be ½ rate or ½ inch per hour, and there are dead zone where it does not percolate.

Mr. McKitish questioned who is liable to make sure it is done right and functions properly should there be a problem? Mr. Tettemer advised at this point this is relatively new to the Township, and when Act 167 was approved it was the Commissioners view point that they did not want to go out on resident’s property checking every one of these every time there is an erosion/runoff producing storm. If the system starts to fail, neighbors start to complain that there are mosquito’s everywhere, the Township Code Enforcement Officer would go look at it, and at that point the property owner would be cited. The Act 167 Agreement that is signed, the maintenance and operations agreement, does allow the Township to go in and repair it if the property owner decide he/she will not fix it, the cost would be at the Township level and a lien would be placed on the property.

Mr. Tettemer also advised about 60 percent of the Township has limestone prone substrata, and in areas without limestone you can infiltrate all you want, but in these areas you must be very careful on how infiltration is provided.

Mr. Hebelka indicated there are other options that a developer can take such as green roofs, etc. Mr. Tettemer agreed, but the developer has a responsibility for maintaining this, in perpetuity, to make sure it is functioning properly. On motion of Mr. Schreiter, seconded by Mr. Hassick was made to recommend the waiver to SALDO 10.10.B.2 (h). Approval passed by unanimous voice vote.

On motion from Mr. Snyder; seconded by Mr. McKitish recommending the waiver for SALDO 10.10.B.2 (i). Approval passed by unanimous voice vote.


On motion of Mr. McKitish, seconded by Mr. Hassick, the Planning Commission voted to adjourn the meeting. Meeting adjourned.