ATHENS TOWNSHIP PLANNING COMMISSION September 12, 2011

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ATHENS TOWNSHIP PLANNING COMMISSION The regular meeting of the Athens Township Planning Commission was called to order on Monday, at 7:00PM by Chairman, Scot Saggiomo. Present: Scot Saggiomo, Clif Cheeks, Marion Carling, Ed Reid and Cindy Parrish, Zoning Officers, and Secretary, Elaine Daddona. Martha Brennan and Jean Stromick were absent. Sign-in sheet was available for all others present. Comment [E1]: Chesapeake Appalachia, LLC Barrett Water Withdrawal Source #14 11-18 Brian Davis and Josh Brown, representing Chesapeake Appalachia, LLC presented eight (8) copies of a Construction Plan dated July 11, 2011 prepared by Larson Design Group for a water withdrawal at an existing site located at 710 State Route 199, approximately three-fourths of a mile north of its interchange with US Route 220 bordered by the Chemung River on the east, zoned Agricultural. Narrative states that the purpose of this project is to construct a water extraction, storage and transport loading area for Chesapeake Appalachia, LLC, the surface lease holder. The lease holder has the northernmost of two parcels owned by Katherine Barrett under Lease Agreement. The project area is to be utilized until the Lease Agreement expires. The site then is to be restored to its original condition. Site improvements will include the installation of a gravel pad with access to State Route 199, a distribution pump, and four truck loading hydrants. Water will be withdrawn from the River by means of a subsurface suction pump. Water will then be conveyed to four truck loading stations located on a gravel pad. Currently, the water intake site is approved and under operation. This modification to the land development proposes that an additional island with two (2) loading hydrants be installed to allow additional withdrawal at the site. An Agreement is in effect with Aqua, PA which will allow the additional withdrawal to come from a proposed water main that will extend along Route 199. The loading pad will also be extended to allow trucks to bypass the proposed hydrants. Brian Davis stated that the Tozer Landing withdrawal site will cease to operate once this project is in operation. Brian Davis stated that they were not planning to add lighting, but they may have to--he would have to check with operations and it is not on the Plan. He also stated that the access road has been eliminated.

Page 2 Check #1583471 from Chesapeake Operating, Inc. in the amount of One Hundred ($100.00) Dollars dated August 5, 2011 and received by Athens Township on August 29, 2011 was paid for filing fee along with Check #1585267 in the amount of Twentyfive ($25.00) Dollars for the review fee and payable to the Bradford County Treasurer. Motion for review by Clif Cheeks, second by Marion Carling for Preliminary Plan land development, and motion unanimously carried. A checklist was completed and the following deficiencies were noted: 1) On Page C-1 and C-2, need to show road right-of-way on the Plan--needs to be labeled ROW. 2) On Page C-1 & C-2, pavement width needs to be shown on the Plan. 3) Page C-2, sign needs to indicate no right hand turn for water trucks on the Plan. 4) On the detail Page, need to show detail on the new hydrant/pump being installed. 5) Need to show lighting for existing hydrants on the Plan. 6) Access road shown on the Plan needs to be removed. 7) On the Cover Page under General Notes, need to change #8 listed as Route 287 to Route 199. 8) On the Cover Page under #7, Conditional Use requirements needs to state that there is lighting on the site. 9) On the Cover Page under Conditional Use requirements, need to change hours of operation to 7:00AM to 11:00PM. 10) Need leaseholder signature on the Plan. Motion by Marion Carling to recommend preliminary/final plan approval of the land development, contingent upon resolution of the deficiencies, to the Supervisors at their meeting to be held on September 28, 2011, second by Clif Cheeks, and motion unanimously carried. Five Star Equipment, Inc.- #11-19 David Young of Larson Design Group submitted eight (8) copies of a Preliminary Land Development Plan for and on behalf of Five Star Equipment, Inc., who was represented by Timothy J. Higley, dated August 18, 2011 and received by Athens Township on

Page 3 Athens Twp. Planning Comm n August 23, 2011 for a land development located at 711 State Route 199 on west side of highway, zoned Commercial. The following documents were received: Land Development application with cover letter; Project Narrative; Preliminary Land Development drawings; Act 67 Notices; Authorization to Design Letter; NPDES Permit Application; PennDOT Highway Occupancy Permit Application; Copy of Deed; Erosion and Sediment Control Plan; PNDI Report; Post Construction Storm water Management Plan; Construction schedule and Probable Construction Cost Estimate. Check #196519 from Five Star Equipment, Inc. in the amount of Three Hundred ninety-six and no/100 ($396.00) Dollars dated August 30, 2011 was received by the Zoning Office on August 30, 2011 for the filing fee for the land development, and the balance due for the filing fee by Check #197066 in the amount of Seven Hundred four and no/100 dated August 30, 2011 and received by the Zoning Office on August 31, 2011 along with Check #3769 from David Young received on August 30, 2011 in the amount of Twenty-five ($25.00) Dollars made payable to the Bradford County Treasurer for the review fee. Narrative states the existing site is occupied by Five Star Equipment, Inc. on State Route 199 in Athens Township, Bradford County. The existing site is used as a construction equipment dealership and is occupied by a 4,960 square foot single story building with both bituminous and gravel parking drive areas. The proposed project involves site improvements for the gravel drive areas and a building addition of approximately 12,000 square feet under the proposed construction. The pavement areas will increase by 14,850 square feet (0.34 ac), concrete by 0.30 ac. Amd the building areas will increase by 12,000 square feet (0.28 ac). Dave Young stated no Highway Occupancy Permit or Bradford County Conservation District approval has been received as of this date. He also stated that six (6) drywells are to be placed on the site for better storm water management, and the site is currently connected to water and sewer. Motion to review the Preliminary Plan for land development by Clif Cheeks, second by Marion Carling, and motion unanimously carried. A checklist was completed and the following deficiencies were noted:

Page 4 1) On Page C-1 need to show and label water line and sewer easements. 2) Need Owner s signature on the Plan. 3) Need NPDES Permit approval. 4) On Cover Page, need corrected parking calculations to read 18.4 under required. 5) Dates need to be corrected on the Construction Schedule. 6) Need Highway Occupancy Permit approval. 7) Cost Estimate needs to be updated. Motion by Clif Cheeks, second by Marion Carling to recommend Preliminary Plan approval to the Supervisors, contingent upon resolution of the deficiencies, at their meeting to be held on September 28, 2011. Eastern Pennsylvania Supply Co. #11-20 Raymond Earl, Branch Manager for Eastern Pennsylvania Supply Co., along with Willy Rowe of Middendorf Contracting, Inc. were present with a Survey Plan prepared by Butler Land Surveying, LLC dated August 24, 2011 for a land development located at 243 West Pine Street, Athens Township, PA and zoned Residential Urban. Mr. Earl stated that this project is an expansion of their existing building located at 243 West Pine Street for needed storage, and the black top area around the site will be removed and expanded for the addition by the Contractor, Middendorf Contracting, Inc. No Narrative was submitted with the application for land development. Documents received by the Zoning Office on August 29, 2011 are as follows: Application for review of Land Development; Authorization from W.H. Conyngham & Co.,Inc., owner, to Raymond Earl to act for applicant; Storm water statement from contractor, M.R. Dirt; Copy of Deed; Copy of Decision dated June 27, 2011 from Athens Township Zoning Hearing Board re: Variance application; Survey map prepared by Butler Land Surveying, LLC dated August 8, 2011; Proposed Building and Parking Location Site Plan dated August 10, 2011 from McElwain Engineering; copies of filing and review fees payments.

Page 5 Motion by Marion Carling to review for Preliminary/final Plan approval of the land development, second by Clif Cheeks, and motion unanimously carried. A checklist was completed and the following deficiencies were noted: 1) Need to change zoning classification on the survey should be noted Commercial. 2) Show building setback lines on the Plan. 3) Need to provide a Narrative with the Plan. 4) Re-word notation on the Plan regarding the Ordinance setback--note the relief which was granted by the Athens Township Zoning Hearing Board regarding the parking and setbacks on June 27, 2011. 5) Show on the Plan the street right-of-ways and pavement widths from centerline. Motion by Marion Carling for recommend preliminary/final plan approval, contingent upon resolution of the deficiencies, at their meeting to be held on September 28, 2011. Dandy Mini Mart(White Wagon Rd/Wilawana Rd) Final Plan #09-01 David Young of Larson Design Group was present for Randy Watts, PE who was unable to attend the meeting, presented eight (8) copies of a Final Land Development Plan dated April 18, 2011 for the Dandy Mini-Mart Parking Lot Expansion located at the intersection of White Wagon Road and Wilawana Road. Documents submitted to the Zoning Office on August 29, 2011 are as follows: Application for review of land development; Developer s Agreement Stormwater Management Facilities Maintenance dated October 28, 2010 between Randy B./Nancy D. Williams, Landowners; Narrative and fees for filing and review. Check #0110584 from Williams Oil & Propane dated August 25, 2011 in the amount of One Hundred and no/100 ($100.00)Dollars was received by the Zoning Office on August 30, 2011 for the filing fee along with Check #0110467 in the amount of Twentyfive and no/100 ($25.00)Dollars made payable to the Bradford County Treasurer for the review fee. The Athens Township Supervisors granted Preliminary Plan approval of this land development on February 25, 2009. A

Page 6 review of this Final Plan was done and the following deficiencies were noted: 1) Need to show the parking and building setback lines. 2) Need to note the date of the Preliminary Plan approval by the Supervisors. 3) General Note #1 needs to be modified. Motion by Clif Cheeks to recommend Final Plan approval to the Supervisors, contingent upon resolution of the deficiencies, at their meeting to be held on September 28, 2011, second by Marion Carling and motion unanimously carried. Dandy Mini Mart (White Wagon Rd/Wilawana Rd) Parking Lot Expansion #11-11 David Young of Larson Design Group presented eight (8) copies of a Land Development Plan for Randy Watts, PE who was unable to attend the meeting for Dandy Mini Marts, Inc. dated August 26, 2011 and received by Athens Township on August 29, 2011. The following documents were received: Application for review of land development; Site Plan drawing; Copy of Deed; Copy of Power of Attorney to Larson Design Group from owner; E & S Narrative; PNDI Report; Construction Schedule; Project Cost Estimate; First Floor Architectural Plans; Will Serve letter from Valley Energy; Building elevation; and Variance documentation from Athens Township Zoning Hearing Board. Check #0145871 from Dandy Mini Marts, Inc. dated April 14, 2011 in the amount of Two Hundred and no/100 ($200.00) Dollars for the filing fee was received by Athens Township on April 19, 2011 along with Check #0145872 in the amount of Twenty-five and no/100($25.00)dollars made payable to the Bradford County Treasurer for the review fee. Motion by Clif Cheeks to review for Preliminary Plan approval, second by Marion Carling, and motion unanimously carried. A checklist was completed and the following deficiencies were noted: 1) Need to show entire water and sewer lines on the Plan. 2) Need to show natural gas lines on the Plan.

Page 7 3) Need to show the loading areas of the fuel tanks on the Plan. 4) Drive lanes behind the store need to be stated as twenty-four (24) feet. 5) Units shown on the back sidewalk need to be identified on the Plan. 6) Parking spaces in front of the store need to be shown as 10 by 20. 7) Need to show a loading zone on the Plan. 8) Need approval from the Athens Township Sewer Authority. 9) Show walkway around the building on the Plan. 10) Show curb cut-out ramps for handicap access on the Plan. 11) Need to add one (1) handicap space on the Plan. 12) Need to label right-of-way and pavement widths on the Plan. 13) On Cover Page under Zoning Information, proposed sideyard space needs to be shown as 150 ft. on the Plan. 14) Need to show proposed lot lines by bearings and distances. 15) Need signature of the Engineer on the raised seal. 16) Need approved E&S Plan from Bradford County Conservation Department. COMMENTS: 1) The Planning Commission would recommend a fence around the pond on the north side of the property. 2) The Planning Commission would recommend directional arrows being placed on the ground for better traffic flow. Motion by Clif Cheeks, second by Marion Carling to recommend Preliminary Plan approval to the Supervisors, contingent on the Plan corrections being made by September 16, 2011 and motion unanimously carried. Aqua Resources, Inc. Conditional Use Review The Athens Township Supervisors requested the Planning Commission to review the application of Aqua Resources, Inc. by letter dated August 31, 2011 for a Conditional Use Hearing to locate a water withdrawal facility on Riverside Drive in Athens Township. This facility will be a filling site for gas industry water trucks.

Page 8 COMMENTS following review: 1) Concerned with the steepness of the exit ramp. 2) Concerned with the widths of the entrance drive and access drive to the site. 3) Concern with the ability to properly stay within the lane on the roadway when exiting on to State Route 1043. 4) Concern with the proximity of exit from the site in relation to residential driveways. 5) Concern with the noise levels with the types of pumps, estimated truck count and operating hours. The Athens Township Supervisors requested the Planning Commission to review the application of Glenn O. Hawbaker, Inc. for a Conditional Use Hearing for a Surface Water Withdrawal facility located on Route 220 south of and adjacent to their existing asphalt facility in Athens Township. COMMENTS following review: There was no adverse comment to this application by the Planning Commission. Motion by Clif Cheeks to accept the minutes of August 1, 2011 as read, second by Marion Carling, and motion unanimously carried. Correspondence was reviewed. The workshop meeting for September will be held on Tuesday, September 27, 11 at 10:00AM. Meeting was adjourned at 11:10PM by Chairman Saggiomo, as there was no further business to discuss. Respectfully submitted, Elaine Daddona, Secretary