MINUTES – APRIL 25, 2005
The regular meeting of the Planning Commission of the
Planning Commission: Karen Friedman, Chairman
Cynthia Harrison, Vice Chairman
William Taylor, Secretary
Others: Nancy Frick, Director Zoning, Inspection & Planning
Jennifer McGrath, Township Solicitor
James Majewski, Township Engineer
Frank Fazzalore, Supervisor Liaison
Absent: Fred Allan, Planning Commission Member
John Pazdera, Planning Commission Member
#564-A – PYRAMID NETWORK SERVICE CONDITIONAL USE APPLICATION
Mr. William Benner, attorney, was present with Mr. Ron Burnozi and Mr. Brent
Wiggins, Director of the Radio Emergency Department for the County. Mr. Benner
stated Pyramid has a relationship with
County wishes to improve the 911 service and would like to activate three antennas
which were previously placed on a tower in
of an application made by another user. This Application proposes to replace those
antennas with newer antennas. Since they were never activated, they feel they should be
activated with up-to-date antennas. Presently two of the antennas are located at the 176’
level of the tower and one is at 208’. This Application also proposes the addition of
equipment which will be contained in a structure in the existing compound. Drawings
submitted with the Conditional Use Application show it will be architecturally
compatible to the other shelters. Mr. Benner stated the Zoning Ordinance permits this
installation and the proposal qualifies as a Conditional Use provided they comply with
the Conditional Use standards. The Application was accompanied by a number of site
specific reports that address the Conditional Use criteria. He added that missing from the
initial package was a report that addresses compliance with FCC standards for force
fields associated with transmission. They have submitted a supplemental filing which
concluded that taking into account the power transmission from these three antennas
when added to the existing antennas, the force field will be within the FCC threshold.
They feel the site specific reports show compliance with the Conditional Use standards.
April 25, 2005 Planning Commission – page 2 of 4
Mr. Benner stated there is a Hearing scheduled before the Board of Supervisors for next Monday night.
Ms. Friedman asked if the three antennas that are being added will be on all of the time.
Mr. Benner stated if the County receives a 911 call, it sends it to the Police Department,
Fire Company or EMS Squad which is closest to the location where the 911 call
originated. These antennas are part of the County radio connection system. He noted
when the Emergency Services people need to communicate with each other or with the
County they will use their mobile units to initiate calls which will be picked up by these
antennas and transmit through the 911 network. Once activated, this site will be on the
air twenty-four hours a day.
Ms. Friedman noted the acceptable standards for radio waves and asked if the tower will
be still under these requirements once fully activated, and Mr. Benner stated they will.
Mr. Fazzalore asked if the radios in the area will be affected, and Mr. Benner stated they
will not. He stated the County lease precludes interference with other users. He stated
the County has engaged an engineering firm to do a pre and post analysis to insure that
there is no interference. Mr. Fazzalore stated there are also other radio towers, and
Mr. Benner stated they will not be affected either.
Ms. Harrison asked if Motorola will run the system for them. Mr. Wiggins stated
Motorola is the vendor from whom they purchased the equipment and they will also do
the installation. Ms. Harrison noted the mountainous topography and asked if this will
provide full coverage. Mr. Wiggins stated initially they had a certain number of systems
they could install due to the cost. This is the tenth site on the south node and is the most
they can have. He reviewed the area they will cover. Mr. Fazzalore stated when they
installed the system in 1998, there were a lot of dead spots, and Mr. Wiggins stated this is
why they are putting in this system at this time. Ms. Harrison asked if they will need
further coverage beyond this, and Mr. Wiggins stated he does not feel they will need
anything additional in
There was discussion on the equipment building. Mr. Fazzalore stated when you drive by
this location, you cannot really see the compound.
Ms. Harrison asked why the antennas were not previously being used. Mr. Wiggins
stated in 1998 they were negotiating a lease on the space but never completed it because
Lower Makefield made their site available behind the
to go on at that location.
Mr. Taylor asked if there is any additional space on the tower, and Ms. Frick stated it is
April 25, 2005 Planning Commission – page 3 of 4
The PCS letter dated 4/6/03 was noted. Mr. Benner stated they would like to discuss
Item #1 with the Board of Supervisors. He stated the Applicant is a public entity rather
than a private entity.
Mr. Fazzalore stated he does not feel
this financial responsibility. Mr. Benner stated the issue is whether the County should be
required to post a bond. Ms. McGrath stated she does not see anything in the Ordinance
that makes a distinction between a public and private entity. Mr. Fazzalore stated they
may accept an Agreement in writing so that the Township can defend themselves.
Item #2 was noted, and Mr. Benner stated no changes are being proposed to the fence.
Mr. Majewski stated they have also shown a Tax Mapping Number wrong, so they could
make the change noted in Item #2 when they correct the Tax Mapping number (Item #3).
Mr. Benner agreed to make these changes.
Mr. Taylor moved, Ms. Harrison seconded and it was unanimously carried to recommend
to the Board of Supervisors approval of the Conditional Use Application, Plan last
revised 2/14/05, subject to compliance to the PCS letter dated 4/6/05 with
Item #1 of this letter to be addressed by the Board of Supervisors.
#558 – WICK, GOLDBERG & SICHEL – PRELIMINARY/FINAL MINOR
Mr. Tom Wick was present. Mr. Taylor asked if the reason for this change was because
there was difficulty with the buffer, and Mr. Wick stated this is correct as it is basically
impassable. He stated he purchased the property from the neighbor to the rear and a
small piece from the adjacent neighbor. It is a wooded area and a creek runs through it.
The fence is on the adjacent property and will remain at that location. Ms. Frick noted
Variances were obtained from the Zoning Hearing Board for the fence. Ms. Frick asked
if there will be anything built in the area, and Mr. Wick stated there will not.
Mr. Fazzalore asked if they know the location of the sewer and water lines, and
Mr. Majewski stated they are within the road. He stated he does not feel they need to
show these on the Plan and the Applicant has requested a Waiver from this requirement
as noted in the PCS letter dated 4/18/05.
There was discussion on the need to include certain information on the Plan to take into
consideration the potential resale of the property in the future. Mr. Majewski stated they
have the one easement which is on the side of the property and Note #5 explains the
original purpose of the easement. Mr. Wick stated they will add the property to their
Deed and record it and the neighbors will deduct it from their deeds. There will therefore
be three new deeds and the recorded linens. Mr. Majewski stated they would have to
look at the As-Builts if they wanted to do anything it he future. Ms. Friedman stated they
could make a notation on the Plan to reference the other plans where the topography is
April 25, 2005 Planning Commission – page 4 of 4
noted or they could require that the topography be placed on this actual lot at this time.
Mr. Wick stated he would like to be permitted to put the reference on the Plans rather
than have to go back and re-do the Plans due to the expense he has already encountered.
He noted he has already paid $8,000 to the engineer. Mr. Majewski stated a Note should be put on the Plan referencing the two lots from where the property is coming.
Ms. Friedman asked about the legality of this, and Ms. McGrath stated while she does not
feel the Township would have any liability, it would be cleaner if it was on the Plan.
Mr. Taylor stated if it is not necessary, he does not feel they should require it. Ms. Frick
stated while it may not be necessary today, it may be necessary in the future.
Mr. Fazzalore stated they could make a recommendation and let the Board of Supervisors
make the final decision on whether they want to require this. Mr. Wick expressed
concern with the additional cost, and Ms. Frick stated if the Township provides the
As-Builts, she does not feel it should be too expensive to have the engineer add the
information to the Plan.
Ms. Harrison moved, Mr. Taylor seconded and it was unanimously carried to recommend
to the Board of Supervisors approval of the Preliminary/Final Minor Lot Line Changes,
Plan dated 4/8/05 subject to compliance with the PCS letter dated 4/18/05 with Item 1.a.
and 1.b to be addressed by the Board of Supervisors.
Ms. Friedman suggested that Mr. Wick contact his engineer to find out how much it
would cost him to transfer the information from the As-Built Plans to this document.
Mr. Majewski stated he can provide information on the Note to be added to the Plan.
It was also suggested that he go before the Board of Supervisors first to get their
comments before proceeding with changes to the Plans.
Ms. Friedman stated the EAC to going to be setting up a number of seminars dealing with
environmental issues. They did have a Low-Impact Development Seminar. While there
was low attendance, they did have six other Townships represented; and the information
was very informative and well received.
There being no further business, Ms. Harrison moved, Mr. Taylor seconded and it was unanimously carried to adjourn the meeting at 8:30 p.m.
William Taylor, Secretary