The regular meeting of the Planning Commission of the Township of Lower Makefield was held in the Municipal Building on April 25, 2005. Chairman Friedman called the meeting to order at 7:35 p.m.


Those present:


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





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 Bucks County for the 911 system. He stated the

County wishes to improve the 911 service and would like to activate three antennas

which were previously placed on a tower in Lower Makefield which were placed as part

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 Lower Bucks County. They are trying to find sites in upper Bucks



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 Township Building and they chose

to go on at that location.


Mr. Taylor asked if there is any additional space on the tower, and Ms. Frick stated it is

maxed out.


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 Lower Makefield will take on

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.





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.



Respectfully Submitted



William Taylor, Secretary