Present: ------------------- Baillie; Bean; D’Ambrosio; Hess; Keim; Paulus; Thomas; Susan G. Mauer, Esq.;
----------------------------------- Frederick W. Hay P.E.; Sandra A. Pudliner.

Absent: 0

Approval of Minutes: - July 21, 2009 Planning Commission Meeting

Motion: --- I move we waive the reading of the Minutes of the July 21, 2009 Planning Commission Meeting and accept same as presented.

D’Ambrosio, Paulus: Moved and Seconded ----------------------------- Unan.

Correspondence:

Chairman D’Ambrosio advised that all correspondence pertaining to items on the Agenda will be addressed under New Business.

New Business:

1. Preliminary/Final Plan Review, Lot Consolidation along Willowbrook Road, LNAA, 3311 Airport Rd., Allentown, PA 18109 (Review and Recommendation)

In attendance at the meeting on behalf of the Developer, was the Developer’s engineer from McTish, Kunkle and Associates, as well as a representative of the Lehigh-Northampton Airport Authority. The airport’s engineer indicated to the Planning Commission that this consolidation involves over 1,000 acres of land located in five municipalities of which Hanover Township, Lehigh County, is one. He noted that it is the intent of the airport to make one big tax parcel. He noted that there is no development proposed at this time. He further advised that various waivers are being requested from the Subdivision and Land Development Ordinance which would be applicable to land development issues which will not occur in this instance. The Township Engineer commented that this lot consolidation is similar to what the airport did with respect to the property adjacent to the cemetery. They consolidated small parcels into one at that location also.

In resolution of this matter, the Board made the following motion:.

Motion: --- I move that the Hanover Township Planning Commission recommends to the Hanover Township Council that preliminary/final plan approval be granted to the Lehigh-Northampton Airport Authority relative to their lot consolidation plan – Willowbrook Road area, subject to the granting of the waivers listed below, as well as satisfaction of the conditions set forth below.

1. Waivers of the Subdivision and Land Development Ordinance requested as set forth below:

Waivers of the Subdivision and Land Development Ordinance requested as set forth below:

SALDO 22-301.1 – Drawing scale of 1: = 50’ or 1” = 100’
SALDO 22-301.4.N – Existing utilities within 200’ of the site to be shown.
SALDO 22-301.4.O – Existing easements within 200’ of the site to be shown.
SALDO 22-301.4.P – Existing contours to be shown.
SALDO 22-301.5 – Supplemental design data to be shown.
SALDO Part 4 – Township design standards for a subdivision.
SALDO Part 5 – Required improvements to be shown.
SALDO Part 22-501.1.G – Monuments shall be installed . . . . The applicant is requesting a partial Waiver from setting the monuments. Concrete monuments have been set at certain locations on the plans and rebars have been set at the remaining missing corners.

2. The Plan has been submitted to the Lehigh Valley Planning Commission. Any comments shall be forwarded to the Township.

3. The Plans shall be signed and sealed by a Pennsylvania licensed land surveyor.

D’Ambrosio, Paulus: Moved and Seconded ----------------------------- Unan.

2. Special Exception Use Request, Checkers Restaurant at Valley Plaza, Rohan Group of Companies, Catasauqua Rd., Allentown, PA 18109 (Review and Recommendation)

3. Preliminary/Final Land Development Review, Checkers Restaurant at Valley Plaza, Rohan Group of Companies, Catasauqua Rd., Allentown, PA 18109 (Review and Recommendation)

In attendance at the meeting on behalf of the Developer was Attorney James Preston of Broughal and Devito, the Developer’s attorney, Mr. J. Pandya of Rohan Management Services, Inc., the Developer, and Mr. Bryan Ritter of JENA Engineering, the Developer’s Engineer. Attorney Preston noted that there are two items set forth on the Planning Commission’s Agenda, one relative to a Special Exception Use Request and the other relating to the submission of the Land Development Plan for a Checkers Restaurant at Valley Plaza Shopping Center. Attorney Preston acknowledged that they are in receipt of the Township Engineer’s Comment Letter dated October 20, 2009 with respect to his comments regarding the plan submission.

Attorney Susan Maurer advised the Hanover Township Planning Commission that the Special Exception Use directly relates to the character of the neighborhood in question as to whether or not the use imposes any negative impact. She noted that the Board may want to consider tabling the matter at this time. She noted that this Developer would also need a variance for the use. The Township Engineer commented that his review of the proposed land development even though submitted as a preliminary final plan was only looked at as a preliminary plan submission. Attorney Maurer commented that the Board needs to hear about the Special Exception Use and concerns regarding same of anyone here tonight addressing that issue.

Attorney J. Jackson Eaton, III, appeared before the Planning Commission and indicated that he is here tonight on behalf of Hanover Township, Lehigh County. He advised that the Hanover Township Council has authorized him to appear to object to granting of a special exception with regard to the proposed development. With regard to the Township’s concerns, Attorney Eaton noted that they are primarily related to the burdening of the site with traffic. Attorney Eaton further noted that the developer will be required to get a variance due to the fact that the development is situated in a zoning district which excludes drive-in restaurants. Attorney Eaton indicated to the Board that this is not a normal shopping center. This shopping center is burdened not only with traffic for the shopping center but it acts as a drive-thru for access to the Carmike Cinemas facility in the area. Attorney Eaton noted that this shopping center is already burdened with the type of traffic, not just related to a shopping center but also another major development. The use proposed is a specific traffic generating use which is not permitted and requires a variance from the provisions of the Zoning Ordinance. Attorney Eaton further advised that it is the Hanover Township Council’s request that this Board recommend that the Special Exception Use Request not be granted.

The Township Engineer commented that the Carmike Cinemas facility has cross easements for access basically going down an aisle in front of the stores in the shopping center; however, there is a shot gun effect taking place where people drive all over the place. Attorney Preston commented that the Township permitted the Dunkin Donuts facility currently in place in the area of the proposed development. The Township Engineer noted that this proposed development impedes the Dunkin Donuts facility traffic and traffic flow to the main driveway onto Catasauqua Road.

Attorney Michael Prokup also appeared before the Hanover Township Planning Commission and echoed Mr. Eaton’s comments. He advised the Board that his client’s concerns have been annunciated by Attorney Eaton.

Attorney Preston advised the Planning Commission that he had not anticipated opposition to this proposal this evening. He asked that the Board table the matter and further advised that he would ask for a continuance of the Zoning Hearing scheduled for this matter on October 22, 2009, due to the opposition to the proposal. Attorney Maurer noted that it appears the plan was filed on September 29, 2009. In accordance with the MPC, action must be taken by December 15, 2009.

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Planning Commission at 7:50 P.M.

Thomas, Hess: Moved and Seconded ------- Unan.

Respectfully submitted,

Patricia A. Paulus; Secretary,
Hanover Township
Planning Commission