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Township Meeting - Minutes

HANOVER TOWNSHIP, LEHIGH COUNTY
REGULAR COUNCIL MEETING

October 4, 2006
7:30 P.M.

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

Absent: 0

Attendance: 7

Courtesy of the Floor: None

Approval of Minutes: ------ September 20, 2006 Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the Regular Council Meeting of September 20, 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 she would defer to the Township Attorney with respect to reporting on a recent magistrate hearing as well as a recent Zoning Hearing Board Appeal.

2.) The Township Manager questioned the Board as to the scheduling of Trick or Treat. She advised the Board that the Borough of Catasauqua has scheduled Trick or Treat for Friday, October 27, 2006, between the hours of 6:00 and 8:00 P.M. Mrs. Pudliner questioned whether or not in keeping with the Township’s usual practice, Council wished to schedule Trick or Treat in Hanover Township on the same date and time. Council determined that Trick or Treat would be held on Friday, October 27, 2006 between 6:00 and 8:00 P.M.

3.) The Township Manager advised the Board that it would be necessary to schedule hearings on the proposed 2007 Budgets. The Board determined to schedule the hearings for Monday evenings on the following dates, October 23, October 30, November 6, November 13, November 20, November 27 and December 4.

4.) The Township Manager brought to the Board’s attention issues, which have been raised with respect to truck parking on Irving Street in the area of Allendale Apartments. The Township Manager advised that there have been several complaints with respect to visibility issues because of trucks parking in that area. Currently, there is a garbage truck parked by Allendale Apartments just south of the Route 22 overpass. Mr. Feskanin, a Township resident, residing on Irving Street acknowledged that there is a problem with truck parking which obscures his vision in that area. Councilman Atkinson also advised that he is aware of the truck-parking problem. Council determined that the ordinance should be changed to prohibit the truck parking. The Township Attorney suggested that language could be placed in the ordinance to allow passenger cars only. Accordingly, the Township Council directed the Township Manager to revise the ordinance.

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

1.) The Township Engineer advised the Board that PPL has been contacted and given plans for Catasauqua Road, which reflect the changes to be made as a result of the proposed shopping center. Accordingly, they will be able to place the poles at a location, which will not interfere with the work to be done at that location.

Councilman Atkinson questioned the Township Engineer as to whether or not he has heard from the Army Corps of Engineers and the Township Engineer indicated that he has not heard further from them appears that the Zoning Hearing Board felt that the owner met the tests that they were imposing as a standard.

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

1.) The Township Attorney advised that as Council will recall they had previously voted to object to the variance sought by Piechota Auto Body. Mr. Piechota appeared first before the Planning Commission and they made a recommendation for approval subject to certain restrictions. The Zoning Hearing Board met and granted a variance. The Township Attorney noted that the original use received relief from insufficient area for that use. This was an additional use. The Zoning Hearing Board agreed to grant a variance. The Township Attorney noted that the Township does have the ability to appeal if they want to do so. The Township Attorney noted that it appears that the Zoning Hearing Board felt that the owner met the tests that they were imposing as a standard.

2.) With respect to the citation filed by the code official with regard to the construction of an above ground swimming pool without a permit, the magistrate found in favor of the Township and applied a $50.00 fine plus costs.

3.) The Township Attorney advised that he is continuing correspondence with the trustees of the former Bethlehem Steel and they are still reviewing the title issue.

4.) Negotiations are still ongoing with respect to the Airport as same relates to the immunity of the remaining airport parcels from taxation.

5.) The Township Attorney advised that the Millhouse property owner and the shopping center have been having meetings with respect to the access issue. There has been a meeting held with Township representatives. It appears that they have come to a resolution that might be acceptable. It may require a variance from some buffer areas and we have suggested that anything they would work out as long as it includes closing the Millhouse access on Irving Street would probably be acceptable to Council.

.

Unfinished Business: None

New Business

1.) Resolution No. 2006-30, Preliminary Land Development Review, Emergi-Center, 1791 Airport Road, Allentown, PA 18109 (Vote).

Mr. Dan Wilusz of Gilmore & Associates, the Developer’s Engineer, as well the Developer appeared before the Board. The Township Engineer commented that it is the intent of the property owner to construct a new facility and keep the existing facility open until same is constructed. After that time, the old facility will be demolished. Mr. Hay further noted there were some parking issues and stormwater issues. The Township Engineer advised that they have met with the consultant and have agreed to work things out. Chairman Paulus noted that the resolution before the Board for Preliminary Plan Approval has 14 conditions set forth therein and questioned whether or not the Developer agreed to all those conditions. The Developer acknowledged that the conditions were acceptable. In resolution of this matter, the following motion:

Motion: --- I move that Resolution No. 2006-30, Preliminary Land Development Review, Emergi-Center, 1791 Airport Road, Allentown, PA 18109 be adopted as presented.

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

2.) Resolution No. 2006-31, Preliminary/Final Subdivision Review, Airport Associates, L.P. (Airport Center) 1820 Airport Road, Allentown, PA 18109 (Vote).

Attorney James F. Preston appeared before the Board on behalf of the Developer Airport Associates, L.P. Chairman Paulus questioned the Developer as to the acceptability of the conditions for approval as set forth on Resolution No. 2006-31 and the Developer acknowledged that the conditions were acceptable. Councilman Atkinson questioned Item No. 2 which reads, “Lot No. 1 shall be removed from the plan. This lot remains a separate lot as shown on the land development plans for Airport Centers.” A discussion ensued and the Township Engineer noted that the reason for the delineation is that the lot in question is in a different zoning district. In resolution of this matter, Council made the following motion:

Motion: --- I move that Resolution No. 2006-31, Preliminary/Final Plan Approval, Subdivision/Lot Consolidation, Airport Associates, L.P. be adopted as presented.

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

3.) Resolution No. 2006-32, Final Land Development Review, Airport Associates LP (Airport Center), 1820 Airport Road, Allentown, PA 18109 (Vote).

It was noted that there were 15 conditions set forth in Resolution No. 2006-32. The Board reviewed each condition individually with the Developer. The Developer acknowledged their agreement with the conditions. There was some rewording with respect to Item No. 7 and a typographical error with respect to Item No. 10. Such changes were acceptable. Chairman Paulus inquired if the Township Engineer had anything to add and the Township Engineer indicated that he did not and that the conditions really relate to outside agencies. The design work for the project is fine. Councilwoman Hayden questioned whether or not the Lehigh Valley Planning Commission has approved the plan and the Township Engineer indicated that they have. Mrs. Jill Salim, a property owner in the area of the proposed development, questioned if she would be willing to navigate out of her driveway and the Township Engineer indicated that she would. Attorney Preston noted that he has had some conversations with the attorney for Mrs. Salim and her father and they will attempt to work things out and then have a meeting with the Township Attorney and Township Engineer. In resolution of this matter, Council made the following motion:

Motion: --- I move that Resolution No. 2006-32, Final Plan Approval, Airport Associates LP, be adopted as presented.

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

The Township Attorney noted that the vacation of Steelstone Road will need to be done by Ordinance. Council directed the Township Attorney to proceed in that fashion.

4.) Bill No. 2006-4, An Ordinance Amending Chapter 13, Part 6, Section 602 of the Statutory Code of Hanover Township to Provide for a Notice of Liquor License Transfer Hearings by Mail and Newspaper Publication (Public Hearing).
Motion: --- I move that Bill No. 2006-4, An Ordinance Amending Chapter 13, Part 6, Section 602 of the Statutory Code of Hanover Township to Provide for a Notice of Liquor License Transfer Hearings by Mail and Newspaper Publication be adopted as Ordinance No. 466.

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

Cpurtesy of the Floor: None

Adjournment:

The meeting was adjourned at 8:00 P.M.
Respectfully submitted,

Sandra A. Pudliner
Township Manager

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