Newton Township - Planning Commission Meeting (November 18, 2009)

Scot Haan, Al Parsells, Karen Lilik, John Stemphoski, Tom Sartori, James Norton and Gregg Raino

Francine Miller, Secretary

Meeting called to order at 7:30 PM with the Pledge of Allegiance to Flag.

Parsells motioned to accept the minutes of the October 28, 2009, 2nd by Raino. Motion voted, all in favor.

There is no December meeting.

Koerner Subdivision - Approval from DEP was received. Motion by Parsells to recommend approval for the George Koerner minor subdivision, 2nd by Stemphoski. Motion voted, all in favor, Norton abstained.
Road Bonding Ordinance - The Commission received their copies of the proposed road bonding ordinance that was received by the Supervisors at their last meeting by Joe Sileo. Haan pointed out that in Section 4 of this ordinance we need to add farm equipment as an allowed vehicle. Sartori had many concerns with the ordinance, one being where the weight limit of 20,000 lbs. came from, stating that this weight limit is too strict. Also, how will this ordinance be enforced and for it to be enforced we would need portable scales. Haan added that we also need to take into consideration the Ag. Security areas. The Commission also believes that local delivery trucks needs to be better defined. Over all, the Commission suggests we review other ordinances to compare to make sure that we are more consistent with common code in the area and that we need more information, there are too many gaps and we are opening the Township to more litigation matters.

AT&T - Attorney Eric Schock and Brian Lasko, Vertical Realty LLC representing AT&T, were present to present to the Commission a request for land development and conditional use of a 250 foot cell tower. There were variances requested, a hearing occurred with the Zoning Hearing Board and approval for was received for the following variances: (1) to allow the construction within 56 feet of a utility line; (2) to allow the construction within 514 feet of one of the property lines, all other setbacks being met or exceeded; (3) to allow construction within 178 feet of an occupied building in light of the waiver presented; (4) to allow the construction within 870 feet of a body of water; and (5) to allow the height of the tower to be 250 feet, plus a foot lightning rod. The ordinance was reviewed step by step with a few items that need to be amended and the application needs amending for the M1 and A1 areas. The application is labeled as the entire property being a M1 zone. Motion by Lilik to recommend approval of a conditional use pending the receiving of the following: (1) copy of the NEPA; (2) copy of the FAA determination; (3) correcting the environmental impact statement – Sections 6.4, 13.2, 13.9, and 14.4; (4) provide rate information; (5) complete emergency services notification – Section 18; and possible provide three photos to be determined by the Board of Supervisors, 2nd by Raino. Motion voted, all in favor.

None

Being no public input or further business, Stemphoski motioned to adjourn, 2nd by Parsells. Motion voted, all in favor. Meeting adjourned, 9:43PM.

Respectfully submitted by Francine Miller.