Meeting Minutes

July 10, 2014        7:30 p.m.


Planning Commission Members    

Chairman, Phil Klotz
Vice Chairman, Ronald Stephens
Member, Craig Mellott
Member, Justin Leventry
Member, Claudia Williams- Absent

Commissioner Liaison

Nathan Silcox

County Planning Commission  

Jeffrey Kelly

Township Staff

Manager, Keith Metts
Assistant Manager, David Blechertas
Assistant Zoning Officer, Darrell McMillan
Assistant Director of Public Works, Jeremy Miller
Recording Secretary, Rita Finkboner

Pledge of Allegiance

Chairman Klotz led the audience in reciting the Pledge of Allegiance.

Call to Order by Chairman Klotz

Chairman Klotz called the meeting to order at 7:30 p.m. and stated Proof of Publication was available for public inspection.

Approval of the Minutes

MOTION    by Vice Chairman Stephens to approve the Planning Commission Meeting Minutes of
June 12, 2014. The motion, seconded by Mr. Leventry, carried unanimously.

New Business

Preliminary/Final Subdivision Plan for Avery Glen Subdivision, located at 2215 and 2245 Lamb’s Gap Road, 15 Lots, 11.30 acres, zoned R-C, owned by Thomas Lehman and Steven Snyder, submitted by Hoover Engineering Services, Inc.
Chris Hoover of Hoover Engineering and Michael Pion, the developer of Avery Glen, were both present to speak concerning the plan. Mr. Hoover said he was in receipt of all Township and County comments.

Mr. Miller said the sanitary sewer needed to be a separate submission. Mr. Hoover said they would make one. Mr. Hoover said they would also provide additional stormwater information regarding the NPDES permit. He said they would be going for the consistency letter and would provide more information. Mr. Miller relayed to the Planning Commission that the Township has not done a complete review of the stormwater report. He said that he did not foresee any difficulties there.

Mr. Miller said the developer has requested a waiver from installing sidewalks along Lamb’s Gap Road and Reed Lane.

Mr. Miller said the developer has agreed to provide a sewer easement to allow future service to the northern part of Lamb’s Gap Road.

Mr. Hoover said they had requested a waiver of installation of sidewalks along Reed Lane because of the topographic issues relative to the eastern portion of that tract where it drains off Lamb’s Gap Road. He said there is an existing guiderail and wetlands that would be very difficult to work around. He said there is a large walkway macadam across the street from the site. He said they are proposing in lieu of sidewalks to install crosswalks to that location.

Mr. Hoover said there are issues with the lower topography along the eastern portion of the entrance drive and on the western portion, there is fairly large embankment. Mr. Pion said there is no sidewalk along the Fair Hill development. He said their thought is when children are walking to toward the school they would walk down Reed Lane.

Manager Metts asked where the secondary emergency access drive is. Mr. Hoover showed it on the map and said that he had an earlier discussion with staff about a possible surface the Township would like to see. He said he knows it has to support an eight thousand pound truck.

Manager Metts asked if there would be internal sidewalks. Mr. Hoover replied that there would be. Manager Metts said he thinks there is a desire to try to create a situation where eventually the Preserves and some other proposed future development might have the ability to have residents safely find their way from the Preserves further north on Lamb’s Gap, down through to the school and use of the school recreation facilities. He said if the applicant is agreeable to the idea of paving and creating some type of walkable ADA accessible path, as a possible viable solution. Mr. Hoover replied that may be something they would be agreeable to.

Mr. Miller said sidewalks on Lamb’s Gap Road might be appropriate. He said they are going to promote a lot of foot traffic in between homes. He said this is an opportunity to start a network of sidewalks in the Township. Mr. Pion said the hard part to that is it would be a sidewalk to nowhere. Mr. Miller said it is a sidewalk to nowhere until more developments are completed. Manager Metts said the intent is along the right of way of Lamb’s Gap Road or through the secondary emergency access would be to get safe pedestrian access for the residential properties further north on Lamb’s Gap Road down to the school district facility.

Commissioner Silcox asked where the topographical issue is. Mr. Hoover said there is a drainage culvert along Reed Lane. He said there are two areas with issues. He said one low area would possibly encroach on wetlands and the area to the west of Lehman Drive is a fairly steep embankment.

Mr. McMillan said Mr. Hoover indicated that he had the revised Community Development comments. He said there were a few new comments.

Mr. Kelly said the County’s comments were fairly minor in nature. He said there is a question concerning the open space. He said Comment No. 5, the open space Lot 13 identifies a detention basin within it. He said he wanted to ensure that there was enough open space there because a detention basin doesn’t count as open space. Mr. Hoover said the plan provided to the County was the initial submission and did not reflect the revised plans. He said they removed the detention pond out of the calculations.

Mr. Mellott said he tends to agree with Manager Metts that most pedestrian traffic would be heading to the school. He said there should be a way to make the emergency access pedestrian friendly.

Vice Chairman Stephens asked if staff was satisfied that the applicant would be able to address all the comments. Mr. Miller said he believed so, but the biggest concerns are relative to sanitary sewer and stormwater.

Vice Chairman Stephens said he is not in favor of the waiver of preliminary plan. He said as far as sidewalks, he would be in favor of the crosswalk solution. He said something has to be done along Lamb’s Gap Road.

Commissioner Silcox asked for clarification on which existing properties would hookup to sewer due to this land development. Mr. Hoover said two properties included in the project would be connected. He said he did not include the properties below within their proposal. Mr. Hoover said the existing homes included in the site project would be connected. Commissioner Silcox asked if there has been any discussion with those neighbors that are not included. Mr. Hoover replied that he had not because they are not in the scope of the proposed project. He said that to service both of those homes into the applicant’s process would require an individual grinder pump for both properties. Mr. Miller said what the Township could ask for is maybe not a connection for those properties but some kind of easement across their open space to access the sewer line; it could be made without going along Lamb’s Gap Road. Mr. Hoover said they would be agreeable to that.

Commissioner Silcox said there is a compelling argument for sidewalks on Lamb’s Gap Road.

Chairman Klotz asked if Engineering Comment No. 10 regarding traffic control devices was a major issue.
Mr. Miller replied that it was not and said it is a pretty standard letter to have for the Township’s records.

Chairman Klotz said there is a request to provide 30-foot wide drainage easement across Lot 15. Mr. Hoover said that was provided with the revised plan.

Chairman Klotz said Comment No. 17 asks for curbs along Lamb’s Gap Road or to request a waiver.
Mr. Miller said the ordinance reads that sidewalks are required unless the average internal lot size is 150 feet. He said the situation does not meet the requirement, so technically sidewalks would be required unless the applicant requested a waiver.

Chairman Klotz said the items of discussion are the sidewalks, emergency easement, and waiver of the preliminary plan.  Mr. Miller said the 30-foot wide easement is not necessary for the emergency service access, but it would be required for future extension of the sewer system. He said it is more of a request than a requirement. Mr. Hoover said they are agreeable to that.

Chairman Klotz asked what the Township suggests for emergency access easement surface. Manager Metts said it would be nice to have pedestrian access along Fair Hill, the school, Whitetail, and the Avery Glen development. He said a sidewalk that extended up Lamb’s Gap Road would not be too far in the future. He said it would complete the connection up to the Preserves. Manager Metts said if they just required sidewalks along Lamb’s Gap Road, they would eventually stop in front of two properties that could be sitting around without sidewalks for some time.

Manager Metts said he would propose a paved access trail that would support emergency access to ensure the safety of the residents. He said the Township could accept the waiver and require a sidewalk or a continuation of the paved walking trail in a macadam format up to the portion of Lamb’s Gap Road. Chairman Klotz concurred with Manager Mett’s thoughts.

Mr. Miller said it needs to be clarified the dedication of the easement to include pedestrian access.
Mr. McMillan said the emergency access would be more than a duel use easement. Assistant Manager Blechertas said the maintenance of that area would fall to the Homeowners’ Association.

Mr. Mellott said if the applicant extends that sidewalk to the south, it may confuse people going to the school. He said the alternative plan directs the traffic off a higher speed volume road.

Manager Metts said a possible solution would be for the developer to provide sidewalk installation after negotiating with the two properties to the south. Mr. Pion said there would be nothing to connect after that.

Mr. Mellot stated he thought this type of project could be approved as a preliminary/final. Mr. Miller said when a project has multiple phases that would require a preliminary plan. He said this particular project would have all improvements completed at one time.

MOTION:        by Vice Chairman Stephens to recommend approval to the Board of Commissioners the Preliminary/Final Subdivision Plan for Avery Glen Subdivision, located at 2215 and 2245 Lamb’s Gap Road, PC File # 14-06-01,with a Time Limit Deadline of September 10, 2014, granting the request of waivers for Preliminary Plan, permanent cul-de-sac length greater than 600 feet conditioned upon providing an all-weather emergency access acceptable to staff, partial waiver of the requirement for sidewalks along Reed Lane conditioned upon providing crosswalks across Reed Lane to the existing walking path, and a partial waiver of sidewalks along Lamb’s Gap Road. The granting approval of the plan conditioned upon providing pedestrian access via easement across the proposed emergency access from Lamb’s Gap Road to Lehman Drive and providing sidewalks along Lamb’s Gap Road from the proposed emergency access to the northern property boundary.  The material, alignment, and profile of the access are to be approved by Township staff.  The motion is also conditioned on addressing all Township Plan Review Comments, Zoning Review Comments, and Cumberland County Comments, and providing a sewer easement across the proposed open space to serve the southernmost lots along Lamb’s Gap Road. The motion, seconded by Mr. Mellott, carried unanimously.
Preliminary/Final Land Development Plan for Wendy’s, located at 6101 Carlisle Pike, 2 Lots, 1.15 acres, zoned C-G, owned by Patricia Richter, submitted by Alpha Consulting Engineers, Inc.
John Murphy from Alpha Consulting Engineers was present to speak concerning the submission. Mr. Murphy stated that he was in agreement with the County and staff review comments. He said this project is part of the interior and exterior Wendy’s building upgrade. He said the owners have been working on securing some additional parking and obtaining a lease behind the building. He said the plan is a good plan but not without obstacles.

Mr. Murphy said the major improvement they are proposing is to make the existing driveway on Skyport Road just an exit. He said they would install a replacement driveway farther along Skyport Road away from the Carlisle Pike. He said they would force the traffic coming in from Skyport to turn into the new road and circulate around the building creating a much longer stacking distance.

Chairman Klotz asked if the purpose of the extra parking is that for patrons or staff. Mr. Murphy replied mostly staff.

Chairman Klotz said the lot extends to 9 Skyport Road and asked if people on that property would use this proposed parking lot. Mr. Murphy said there would be access to use it. He said they would replace the existing driveway that serves 5 and 9 Skyport Road and the new driveway would go directly into the new parking facility and there would be an access easement for that.

Manager Metts asked where was the applicant with lot coverage requirements with the existing Wendy’s property. Mr. Murphy said Wendy’s was about a half-acre, there was a slight typo on the staff memorandum. He said the 1988 plan indicates about an 87.3% impervious coverage. He said they determined with the survey they are at 89.6%. He said they were proposing an additional 22 feet of impervious coverage, but that they are going to knock that back a bit to keep the equivalent.

Mr. McMillan said the 1988 plan has an existing lot coverage amount of 78.97%. He said the applicant and staff need to come to terms on what is the actual coverage on that latest plan and that they not increase beyond that. Mr. Murphy said he would verify this with staff. Manager Metts asked that Mr. Murphy to have a meeting with staff prior to the July 31 Board of Commissioners meeting. Mr. Murphy replied that he would.

Manager Metts asked if they proposed any additional signage on the property. Mr. Murphy replied that it would just be a directional sign.

Mr. Miller said a cross access easement would be required for the three properties.

Mr. Miller said he there is a $1,500.00 per acre recreation contribution for the entire site. Mr. Murphy replied that he was aware of that requirement.

Mr. Miller said looking at the northern driveway entrance from Skyport Road, the Township would like to see the driveway align with the driveway across the street. Mr. Murphy said they did look at that; however, it is not very feasible to do because of an existing PPL pole. He said they kept it as close as they could without major utility pole relocation.

Mr. Miller said another discussion item would be sidewalks on Carlisle Pike and Skyport Road.

Mr. Miller said he had a request from the Fire Administrator to allow training if the applicant is going to demolish the one building. Mr. Murphy said that would not be a problem.

Manager Metts said the proposed drive does not seem efficient for the site. Mr. Murphy said they have looked at this a number of times. He said the developer believes that what they are proposing is the best option for the site.  He said there is a grade change and not the easiest transition from the lower lot to the upper lot.

Assistant Manager Blechertas asked what would happen when the stacking backs up the exit from the drive through. Mr. Murphy said that would rarely happen. He said to get to that point, they would have three to four times as many cars as they do today.

Vice Chairman Stephens said there should be a better way of providing traffic flow at the site. He said they could have parking problems.

Manager Metts asked what the reason for not consolidating the lots was. Mr. Murphy said not all the owners of the lots wanted to consolidate.

Mr. Murphy said they need one more handicapped parking space and would put it on the main lot by the entrance door.

Commissioner Silcox asked if the applicant would be agreeable to addressing sidewalks in the future if necessary. Mr. Murphy said he would check with his client.

Commissioner Silcox said he has concerns about the new exit point with the close proximity of the existing driveway. Mr. Murphy said they would take another look at it.

Chairman Klotz said he thinks it would be a good idea to include sidewalks along Skyport Road. He said there is a crosswalk from Skyport across the Carlisle Pike that he has seen people use.

Manager Metts asked if the use on 9 Skyport Road would remain. Mr. Murphy replied yes that it would.

Chairman Stephens asked if the proposal would have to be reviewed by PennDOT. Mr. Mellott said the applicant is not increasing the square footage of the building and would not be increasing traffic. He said the trigger may be increase of traffic.

Vice Chairman Stephens said that the only change that is proposed is the one entrance/exit would be an exit only.

MOTION:    by Vice Chairman Stephens to recommend approval to the Board of Commissioners the Preliminary/Final Land Development Plan for Wendy’s, located at 6101 Carlisle Pike, 2 Lots, 1.15 acres, zoned C-G, owned by Patricia Richter, submitted by Alpha Consulting Engineers, Inc. with a PC File # 14-07-01, Time Limit Deadline of September 10, 2014, contingent upon Reevaluating the internal circulation of vehicle movements through the parking lot, resolution of Township and County comments, approval of the preliminary waiver requirement, Installation of sidewalks along the portions of Skyport Road in front of 5 Skyport Road and the existing Wendy’s property along Skyport Road.

Discussion on the motion:
Mr. Mellott asked if the sidewalks would be allowed due to a no pedestrian sign crossing the Carlisle Pike. Chairman Klotz said there is a pedestrian crosswalk right in front of the Wendy’s property. Mr. Murphy said he would discuss this with the client before the Board of Commissioners meeting.

Manager Metts said staff is not in agreement with the lot coverage calculations, a meeting would be necessary prior to the plan presentation at the Board of Commissioners meeting. Mr. Murphy said he would schedule that meeting.

Vice Chairman Stephens continued the motion to add, amicable resolution of lot coverage calculations for the property prior to Board of Commissioners’ July 31, 2014 meeting.

Chairman Klotz asked if the Planning Commission wanted to table the plan at this time. Mr. Murphy said he would resolve all issues with staff.

The motion, seconded by Mr. Mellott, carried unanimously.

Preliminary/Final Land Development Plan for AT&T Naval Support Site, located at
5160 E. Trindle Road, 1 Lot, zone C-L, owned by Ken Snyder, Jr. /Capital Self Storage Mech, LP, submitted by Jacobs Telecommunications, Inc.

Paula Leicht, local counsel for AT&T, was present to speak concerning the submission. She said they are proposing a telecommunications facility at 5160 East Trindle Road owned by Capital Self Storage. She said they are not proposing any new additional access to the site. She said the tower is proposed to be 120 feet tall.  Ms. Leicht said the compound itself is 70 x 70 feet and would be under the 5,000 square foot limit. She said that is the area that would be leased. She said the compound would be enclosed with a six-foot chain link fence.

Ms. Leicht said they were in receipt of Township comments, some were clerical in nature, and they would work to correct those.

Ms. Leicht said one Community Development comment was in relation to a soil report. She said it is AT&T’s practice to prepare a geotechnical report at the time of a building permit submission. She said they do have soil information on this plan, but not a full-blown report. She said they would request a waiver for that if needed.

Ms. Leicht said there were a number of engineering comments. She said they have an updated version of the tax parcel and adjoining property listings to provide.

Ms. Leicht said the applicant is requesting a waiver regarding LDO Section 22.402.2.N and P to show all man made features. She said the reason is there is a lot infrastructure in that location and they are not digging or grading other than the 70 x 70 foot compound that is outside the main storage facility.

Ms. Leicht said it was brought up that they investigated collocating on another existing tower. Ms. Leicht said another item of discussion was using public property for the tower. She said Jacobs Engineering completed that investigation and provided its findings to the Township.

Ms. Leicht said there are two Township properties within three quarters of a mile from this site. She said they have done a feasibility study for using those.

Mr. McMillan said the soil report is part of the zoning ordinance requirement. He said that he did not believe the Planning Commission should recommend granting that waiver. Ms. Leicht said perhaps condition the approval on the submission of that report instead of granting a waiver.

Samuel Lee of Jacobs Telecommunications stated there were two comments concerning the collocating on existing tall structures. He said there was one location in close proximity, a guide tower on the Sunoco Pipeline Property. He said that was eliminated by the property owner. He said the second comment was with regards to using public property. He said there were a couple properties identified, but there would be a lap in coverage using those sites. Mr. Jacobs said due to the nature of the Naval Base facility it was ruled the access requirements of the military base would be an impediment to AT&T’s ability for emergency and maintenance access.

Manager Metts said the Board of Commissioners had amended the zoning ordinance to reflect additional current technology restrictions for tower based and non-tower based wireless communications. He wanted to make sure that everyone was referring to the same currently approved zoning requirements. Ms. Leicht stated they have the current regulations.

Commissioner Silcox asked if the applicant spoke with the adjoining neighbors. Ms. Leicht said not yet but they would contact the owners.

Manager Metts asked to confirm that the tower would take advantage of the stealth technology requirements. Ms. Leicht said one of the options was to have it painted and AT&T is willing to do that.

Manager Metts said if the plan is approved by the Board, the applicant would need to provide bonding.
Ms. Leicht said they are in agreement with that.

Ms. Leicht said AT&T’s lease for any property requires 24-hour emergency access by any personnel that need to be called upon to remedy the emergency situation. She said that the Navy only allows access to a very limited number of identified people. She said it would not meet AT&T’s requirements.

Manager Metts asked if the site could be renamed due to the fact that it is not on the Naval Support site.
Ms. Leicht said she would make that suggestion.

Andrew Peterson, radio frequency design engineer of DBM Engineering, said the need for the facility is due to the high demand for network capacity. He said the proposed tower would enhance service indoors. He said the coverage in the area is generally okay, this would be more to handle the avalanche of capacity that is now being required.

Mr. Peterson showed a map with the current AT&T tower locations and said those towers are overburden.

Mr. Peterson said it is a common occurrence to name a facility location that is not actually in that area. He said they could request that it change for this one, but it is a difficult process through AT&T.

Mr. Peterson said they try to place the tower an equal distance from the other towers in the area. He said having towers too close to one another their coverage foot print would be virtual identical and subscribers in that coverage footprint would ping pong between the two site. This would add overhead traffic and cut down on efficiency of the network.

Mr. Peterson addressed the difficulties of installing a tower on the two Township owned sites due to the close proximity of other existing towers.

Manager Metts asked if the applicant was aware of the commercial recreation contribution. Ms. Leicht said she was aware of it.

Mr. Miller said the land development plan was a straightforward project. He said the plan is exempt from the Hampden Township Stormwater Ordinance because it is less than 5,000 square feet.

Mr. McMillan said the ordinance that deals with stealth technology is more than paint color. He said that the Township would review that before any approvals are issued for the tower.

Mr. Kelly said the County has not received a plan for review from the applicant.

Mr. Kelly asked if the new facility would be able to collocate in the future. Ms. Leicht replied that it would be possible.

Leroy Weaver, 5157 East Trindle Road, said he had a few questions regarding the location of the tower. He stopped by previously to speak with the Capital Self Storage office manager. He said she showed that the tower would be placed over a retention pond. He asked if the AT&T tower would affect his Verizon service. He also asked if there are any health complications that could result by installing the tower at this location.

Mr. Peterson said a potential health electronic analysis was performed to determine power density. He said that in this case the cumulative radio frequency exposure levels would be at least 180 times below the Federal Communications Commission safety limit.

Mr. Peterson said that AT&T is a holder of an FCC license and that license defines very specific portions of the radio frequency spectrum that they can operate. He said there would be no interference to Verizon Wireless service.

Ms. Leicht said the manager of the storage facility was unaware of the exact location the tower would be installed. She said it is not anywhere close to the retention pond.

Mr. Leventry asked if the applicant had a collocating company in mind. Ms. Leicht said that does not occur typically until the site is permitted.

MOTION    by Vice Chairman Stephens to recommend approval to the Board of Commissioners the Preliminary/Final Land Development Plan for AT&T Naval Support Site, located at
5160 E. Trindle Road, 1 Lot, zone C-L, owned by Ken Snyder, Jr. /Capital Self Storage
Mech, LP, submitted by Jacobs Telecommunications, Inc., with a PC File # 14-07-02, Time
Limit Deadline of September 10, 2014, subject to the favorable resolution of Township and
County comments, approval of the preliminary plan and plan size waiver request and
providing geotechnical report prior to the Board of Commissioners’ meeting on July 31, 2014.
The motion, seconded by Mr. Leventry, carried unanimously.

Good and Welfare

Chairman Klotz said he and Mr. Mellott had a conference call with Messiah concerning age-restricted community. He said they would draft a memo about the meeting to the Board of Commissioners and copy the Planning Commission.


MOTION     by Vice Chairman Stephens to adjourn the Planning Commission Meeting.  The motion, seconded by Mr. Leventry, carried unanimously.

Chairman Klotz adjourned the meeting at approximately 9:40 p.m.

Respectfully submitted,

Rita Finkboner, Recording Secretary