Present: ---- Councilwoman Hayden; Councilmen Atkinson, Dreisbach, Kovacs, Paulus; J. Jackson Eaton, III. Esquire;
--------------------- Frederick W. Hay, P.E.; Sandra A. Pudliner; Vicky Roth

It was noted for the record that Councilwoman Hayden would be attending the meeting via telephone communication due to her current recovery from an illness and her inability to attend in person.

Absent: ------------------ 0

Attendance: ---------- 6

Approval of Minutes: ------ February 15, 2006 Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the Regular Council Meeting of February 15, 2006 and accept same as presented.

Paulus, Hayden: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ------- Unan.

Reports:

1. Sandra A. Pudliner
Township Manager

1.) The Township Manager advised the Board that at a prior meeting where she was not in attendance the Board had made a motion authorizing their solicitor to object to a zoning appeal; namely, Appeal No. 2006-1, Michael C. Dalton. The appeal dealt with a proposed deli operation at a facility located at 1665 East Race Street, Allentown, PA 18109. The Township Manager advised the Board that upon hearing of the objection she had a telephone conversation with the Township Attorney and it was determined that under the circumstances and possible unawareness of the Board of the circumstances of this appeal the matter would be postponed until the March Zoning Hearing which will be held on Wednesday, March 22, 2006. The Township Manager advised the Board that this application is basically for a lunch trade at a deli operation currently located at this facility. The current deli operation services the patrons of the Lehigh Valley Sports Academy and the fitness center situated in the building. The intent is to develop a lunch trade for the deli which would not interfere with the main operation of the business which is conducted in the evening hours. Based on parking requirements, the deli operation would require approximately 5 parking spaces. Accordingly, the Township Manager /Zoning Officer advised that in her opinion she did not feel the objection to this appeal was necessarily the Board’s intent at the prior meeting. Mrs. Pudliner noted that this property owner had been before the Zoning Hearing Board on other occasions and since that time as a requirement of the Board had installed additional parking spaces on the property. The Township Manager/Zoning Officer felt that the deli having a lunch trade would have no impact due to its hours of operation versus the hours of operation of the sports academy use.

In attendance at the meeting was the property owner, Michael C. Dalton. He approached the Board and noted that the deli operation is currently from 9:30 A.M. to 7:30 P.M. He further noted that from 4:00 P.M. to 7:30 P.M. the deli takes care of the customers of the sports academy and the fitness center in order to provide the patrons with some quality food while the children and their parents are in the facility. Councilman Dreisbach questioned Mr. Dalton as to when the heaviest hours of operation for the gym occur and Mr. Dalton advise that the heaviest hours are between 4:00 P.M. and 8:00 P.M. Councilman Atkinson questioned whether or not the Zoning Hearing Board could restrict the public access to the deli in the evening hours. The Township Attorney noted that the Zoning Hearing Board could put a condition on the application to restrict certain hours of operation.

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

Motion: ---I move we move our objection to Zoning Appeal No. 2006-1 to be heard by the Board on Wednesday, March 22, 2006.

Hayden, Kovacs: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ------- Unan.

2.) The Township Manager also advised the Board that on March 22, 2006 at 7:00 P.M., the Board would also hear the appeal of Sheila A. Shingles who is proposing to construct a new physician’s office on her property located at 1791 Airport Road, Allentown, PA 18109. It is the intent of the applicant to construct the new office and demolish the existing building on the tract currently being used for the same purpose. A temporary parking variance is requested during the construction of the new facility but the applicant has indicated that when all is said and done the same scenario would exist on the tract in terms of parking, etc. The Township Manager also advised that there are two additional appeals coming before the Board on March 22, 2006. The third appeal involves B. Braun Medical for the construction of a 42 foot silo for material storage on their property. They will require a variance from the height restriction for an accessory use and have indicated that they have checked with the Lehigh-Northampton Authority, who has indicated they do not object to the application. The final appeal involves a property on Schoenersville Rd. which currently has a free standing sign for one of the dealerships it utilizes. That property owner is requesting an additional sign for the second motorcycle dealership which they utilize. They will require a variance from the size of a sign in that zoning district.

3.) As Council will note, I have provided them with a copy of correspondence to Berkheimer Associates wherein the Township is taking a position that all the tenants of the Airport Centre property located at 1635 Airport Rd. should be taxable in terms of business privilege tax to Hanover Township, Lehigh County. Additionally, that correspondence indicates that the Township will be responsible for fire protection, building code enforcement, etc.

4.) The Township Manager noted that Council has received a copy of correspondence to PennDOT relative to the Airport Rd. and Lloyd Street traffic signalized intersection. As a result of a complaint from a Township resident, this correspondence has been forward to PennDOT making them aware of the safety issues involved at the current intersection. The Township Manager did note that reconfiguration of that intersection is also proposed to take place if the proposed shopping center on Airport Road is built. That developer would be required to make certain modifications to the Airport and Lloyd Street intersection.

2. Frederick W. Hay, P.E.
Township Engineer

1.) The Township Engineer advised that about a week ago he had performed another noise study in the Sherwood Street area at 3:30 A.M. The only place the decibel levels were violated were in Mr. Merritt Kistler’s backyard. Everywhere else the decibel levels were below the 52 decibels which is the cutoff point. It was noted that the resident who had recently complained about the situation resides in an area where the noise levels are much lower than what they would need to be for a violation to occur. The Township Engineer also noted that Mr. Kistler’s property is in the area where U.S. Foodservice has erected a berm and that he understands that once the trees grow in his situation should be much better.

2.) Council should be advised that the traffic studies have been completed for the Willowbrook/Race Street intersection and the Grove Road/Ronca Blvd. intersection. I will be analyzing those figures and reporting back to the Board on those matters.

3. J. Jackson Eaton, III, Esquire
Township Attorney

1.) Council should be advised that an appeal has been taken from the decision the Board made granting Preliminary Plan Approval to Airport Associates for their proposed project. Specifically, the neighbor next door, who appealed, is doing so on the basis of the outstanding property dispute regarding the property line and an access easement, which the owner claims they have. It appears the appeal is on the basis that the Township should not have approved the plan until those issues have been decided. The Township Attorney noted that it will be sometime before this matter comes before the court. The Township records will be given to the court and briefs will be filed by the parties involved and a hearing will eventually be held.

Unfinished Business: NONE

New Business

1.) Resolution No. 2006-23, A Resolution Granting Preliminary/Final Land Development Approval, Snow Removal Equipment Building at the Lehigh-Northampton Airport, LNAA, 3311 Airport Rd., Allentown, PA 18109 (Vote).

In attendance at the meeting on behalf of the developer were Mr. Don Hoydu of Lehigh-Northampton Airport Authority and Mr. Joseph Civitella of McTish Kunkel and Associates. Mr. Civitella advised the Board that they are aware of the conditions set forth for Preliminary/Final Plan Approval and have no problem with those conditions. It was also noted that they are requesting waivers from two sections of the Subdivision and Land Development Ordinance; namely, SALDO 501.1.G and SALDO Appendix A, VII5.D and VII13. It was noted that these waivers relate to monuments being set as well as providing additional plantings and fencing around the basins.

It should be noted that due to conflict of interest, Councilwoman Hayden excused herself from all discussions and left the meeting at this time. With respect to the waivers, it was noted that the Hanover Township Planning Commission supports the granting of those waivers and in resolution of this matter the Board made the following motion:

Motion: ------- I move that the Hanover Township Council waives the requirements of SALDO 501.1.G and SALDO Appendix A, VII5.D and VII13 as requested by the Lehigh-Northampton Airport Authority with respect to their snow removal equipment storage facility development.

It was noted by the Board to the developer that the conditions for approval were as follows:.

1.) Each condition must be rejected or accepted in writing by the applicant within thirty (30) days of the date of this approval, or in the absence of such acceptance, this approval shall be deemed rescinded as of the expiration of the thirty (30) day period or the date of receipt of the rejection of any such condition, whichever first occurs.

2.) Roof drain details shall be provided showing the connection to the storm pipe in front of the proposed building. Stationing of roof drains between structures shall be noted.

3.) A sanitary sewer lateral tabulation chart shall be shown on the plans. The chart shall note stationing of laterals from manhole to manhole, downstream to upstream. Pipe shall be SDR-26s.

4.) Plans shall be signed and sealed by a Pennsylvania Licensed Land Surveyor. The stormwater report shall be signed and sealed by a Pennsylvania Professional Engineer.

5.) The reference to 15” CMP discharge pipe in the stormwater report shall be changed to 12”. .

6.) The profile for storm run P-8 is missing. (90 degree bend?) Pipe sizes and material shall be noted on the plan view (Utility Plan). Revise reference to 18” CMP on Typ. Section @ Pond Outlet Structure Detail.

7.) The detention pond shall have a low flow channel constructed of cable concrete. Show detail.

8.) The Developer shall execute the standard municipal improvements agreements.

The Developer acknowledged that the conditions were acceptable to them.

Motion: ------- I move that Resolution No. 2006-23, Preliminary/Final Plan Approval of Snow Removal Equipment Storage Building, Lehigh Valley International Airport, be adopted as presented.

Dreisbach, Atkinson: Moved and Seconded
Atkinson, Dreisbach, Kovacs, Paulus: ------- Aye ------- Unan.

Courtesy of the Floor: NONE

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:00 P.M.

Atkinson: Moved

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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