a. Reminder – During this portion of the agenda residents and Youth Organizations may call in to make a special announcement or contact the township at admin@lmt.org to request a special announcement be added to the agenda. b. The Environmental Advisory Committee is hosting an in-person lecture on Beautiful Backyards with Native Plants at the Community Center on Friday, April 29, 2022 from 7:00 p.m. to 8:00 p.m.
Big Oak Road Pedestrian Improvements Consideration
BIG OAK ROAD PEDESTRIAN IMPROVEMENTS CONSIDERATION – JOE FIOCCO
ENGINEER’S REPORT a. Maplevale Stormwater improvements. b. Consideration to award the 2022 road program base bid to James D. Morrisey, Inc in the amount of $3,212,292.40. c. Consideration to approve bid alternates to James D. Morrisey, Inc. in the 2022 road program. d. Consider Payment #6 for the Memorial Park Improvements Phase 2 project to MECO Constructors Inc., in the amount of $6,174.00.
PROJECT UPDATES a. Sandy Run Road – Board of Supervisors approved to proceed with additional recommendations by the Traffic Engineer at the March 2, 2022 meeting. b. Memorial Park Project – Bench is installed, working with contractor to address ponding issues. c. Multi-Use Trail - Bid awarded, project likely to begin within 90 days. d. Woodside Bike Path – Submitted for DEP permit on February 25, 2022. e. Big Oak/Makefield Road Signal Upgrade – PennDOT has issued the permit for the upgrade to the traffic signal and the construction plan is underway. f. Route 332/Mirror Lake Signal Interconnection – Project work complete, waiting on final inspection from PennDOT to release retainage. g. 2022 Road Program – Bids opened, contract to be considered for award at the April 6, 2022 Board of Supervisors meeting.
MANAGER’S REPORT a. Consideration of Enterprise lease to purchase program for Police vehicles, and non-CDL trucks for Public Works and Recreation, and authorization for the manager to execute all relevant paperwork. b. Consideration to approve the 2022 Pool Chemical bid as presented by the Bucks- Montgomery County Aquatic Consortium. c. Consideration to advertise for proposals to finance the road improvement loan in the amount of $1,650,000. d. Consideration of Kids Kingdom tree planting. e. Consideration to divest Russian holdings from the police and non-uniform pension plans. f. Consideration to accept the resignation of the Township Manager with his last day of work being July 4, 2022 and his official resignation effective July 18, 2022.
SOLICITOR’S REPORT a. Sewage proceeds Trust overview. b. Consider Resolution to dissolve Economic Development Commission. c. Consider Resolution to dissolve Financial Advisory Board. d. Consider advertisement of Ordinance authorizing road repair program loan financing.
ZONING HEARING BOARD a. APPEAL # 22-1955 Eric & Kimberly Chernikovich for the property located at 1505 Fox Hollow Drive Yardley PA 19067, tax parcel # 20-024-091. Applicant is requesting a Variance from Township Zoning Ordinance 200-23B to increase the impervious surface from the existing 21.7% to 24.5% where 21% is the allowable amount in order to install an in-ground concrete pool with concrete decking. b. APPEAL # 22-1956 Universal Building & Construction for the property located at 1273 Lindenhurst Road Yardley PA 19067, tax parcel # 20-003-020. Applicant intends to subdivide the property into three lots and construct single-family dwellings on the two new lots and is requesting Variances from Township Zoning Ordinance Section 200-16 in order to permit a maximum density of 1.63 dwelling units per acre where 1.07 is permitted under the ordinance, and Section 200-61.C to permit the measurement of building setbacks from the lot lines where the ordinance would require setbacks to be measured from the limits of resource protected lands. c. APPEAL # 22-1957 Cellco Partnership, d/b/a Verizon Wireless for the property located at 499 Stony Hill Road Yardley PA 19067, tax parcel # 20-034-001. Applicant is requesting a Variance from Township Zoning Ordinance 200-28 to allow for a proposed telecommunications facility within the R-3M zoning district. The facility will consist of a monopole antenna support structure, designed to resemble a pine tree, 120 feet in height and the attachment of up to 12 panel antennas at the top of the monopole to be located within a 20’ by 40’ fenced compound. A lightning rod and artificial branches to conceal the structure shall extend to an overall height of 125 feet. In the alternative, if ultimately deemed required, a validity variance pursuant to Section 916.1 of the Pennsylvania Municipalities Planning Code, 53 P. S. § 10916.1 (1968, as amended), based upon the Communications Act of 1934 as amended by the Telecommunications Act of 1996 which provides that, "No state or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of an entity to provide any interstate or intrastate telecommunications service." 47 U.S.C. §253(a). If relief in the affirmative is not granted by the ZHB to allow the Facility, the Code will have the effect of prohibiting personal wireless services facilities by materially inhibiting the ability of Verizon Wireless to provide state-of-the-art wireless service to its users. In addition, to the extent that variance relief from the Code as stated herein is needed to establish personal wireless services facilities throughout the Township, such regulations result in (i) effective prohibition of personal wireless services in the Township; and (ii) unreasonable barriers to entry of personal wireless services in the Township. Consequently, the Code violates the federal Telecommunications Act. The available federal remedy allows site specific relief, which would authorize the Applicant to proceed with development of the Facility. In the alternative, a validity variance pursuant to Section 916.1 of the Pennsylvania Municipalities Planning Code, 53 P. S. § 10916.1 (1968, as amended), based upon the Communications Act of 1934 as amended by the Telecommunications Act of 1996, which provides that a municipality shall not render decisions which prohibit, or have the effect of prohibiting, the provision of personal wireless services. 47 U.S.C. §332(c)(7)(B)(II). If relief in the affirmative is not granted by the ZHB to allow for the Facility, the decision will have the effect of prohibiting personal wireless services facilities by materially inhibiting the ability of Verizon Wireless to provide state-of-the-art wireless service to its users in violation of the federal Telecommunications Act. The available federal remedy allows site specific relief, which would authorize the Applicant to proceed with development of the Facility. If the decision of the ZHB is based on grant of a validity variance, then Verizon Wireless further requests grant of a variance as to any applicable area and bulk requirements which may be construed to pertain to the proposed Facility. Verizon Wireless also applies for such other interpretations, waivers and/or variances as may ultimately be required. d. APPEAL # 22-1958 Andrew Scheurer for the property located at 1525 Derbyshire Road, Yardley PA 19067, tax parcel # 20-055-025. Applicant is requesting a Variance from Township Zoning Ordinance 200-23B in order to permit a 424 square foot addition which would increase the impervious surface from 30.3% to 33.1% where 30% is the allowable amount.
Zoning, Inspections and Planning
ZONING, INSPECTIONS AND PLANNING a. Consideration to approve extension request of 1566 LLC Subdivision (Plan #685) to July 31, 2022.
SUPERVISORS REPORTS e. James McCartney - Farmland Preservation; Golf Committee; Parks and Recreation Board; Special Events; Ad Hoc Property Committee f. Fredric K Weiss – Disability Advisory Board; Electronic Media Advisory Council; Seniors Group; Sewer Authority; Zoning Hearing Board; Ad Hoc Property Committee g. Daniel R. Grenier - Electric Reliability Committee; Historical Architectural Review Board; Historical Commission; Planning Commission h. Suzanne S. Blundi – Agricultural Security Board; Board of Appeals; Environmental Advisory Board; Emergency Management; Financial Advisory Council i. John B. Lewis – Citizens Traffic Commission; Economic Development Council; Trenton- Mercer Citizens Airport Review Board; Veterans Committee ADJOURNMENT
a. Reminder – During this portion of the agenda residents and Youth Organizations may call in to make a special announcement or contact the township at admin@lmt.org to request a special announcement be added to the agenda. b. The Environmental Advisory Committee is hosting an in-person lecture on Beautiful Backyards with Native Plants at the Community Center on Friday, April 29, 2022 from 7:00 p.m. to 8:00 p.m.
Big Oak Road Pedestrian Improvements Consideration
BIG OAK ROAD PEDESTRIAN IMPROVEMENTS CONSIDERATION – JOE FIOCCO
ENGINEER’S REPORT a. Maplevale Stormwater improvements. b. Consideration to award the 2022 road program base bid to James D. Morrisey, Inc in the amount of $3,212,292.40. c. Consideration to approve bid alternates to James D. Morrisey, Inc. in the 2022 road program. d. Consider Payment #6 for the Memorial Park Improvements Phase 2 project to MECO Constructors Inc., in the amount of $6,174.00.
PROJECT UPDATES a. Sandy Run Road – Board of Supervisors approved to proceed with additional recommendations by the Traffic Engineer at the March 2, 2022 meeting. b. Memorial Park Project – Bench is installed, working with contractor to address ponding issues. c. Multi-Use Trail - Bid awarded, project likely to begin within 90 days. d. Woodside Bike Path – Submitted for DEP permit on February 25, 2022. e. Big Oak/Makefield Road Signal Upgrade – PennDOT has issued the permit for the upgrade to the traffic signal and the construction plan is underway. f. Route 332/Mirror Lake Signal Interconnection – Project work complete, waiting on final inspection from PennDOT to release retainage. g. 2022 Road Program – Bids opened, contract to be considered for award at the April 6, 2022 Board of Supervisors meeting.
MANAGER’S REPORT a. Consideration of Enterprise lease to purchase program for Police vehicles, and non-CDL trucks for Public Works and Recreation, and authorization for the manager to execute all relevant paperwork. b. Consideration to approve the 2022 Pool Chemical bid as presented by the Bucks- Montgomery County Aquatic Consortium. c. Consideration to advertise for proposals to finance the road improvement loan in the amount of $1,650,000. d. Consideration of Kids Kingdom tree planting. e. Consideration to divest Russian holdings from the police and non-uniform pension plans. f. Consideration to accept the resignation of the Township Manager with his last day of work being July 4, 2022 and his official resignation effective July 18, 2022.
SOLICITOR’S REPORT a. Sewage proceeds Trust overview. b. Consider Resolution to dissolve Economic Development Commission. c. Consider Resolution to dissolve Financial Advisory Board. d. Consider advertisement of Ordinance authorizing road repair program loan financing.
ZONING HEARING BOARD a. APPEAL # 22-1955 Eric & Kimberly Chernikovich for the property located at 1505 Fox Hollow Drive Yardley PA 19067, tax parcel # 20-024-091. Applicant is requesting a Variance from Township Zoning Ordinance 200-23B to increase the impervious surface from the existing 21.7% to 24.5% where 21% is the allowable amount in order to install an in-ground concrete pool with concrete decking. b. APPEAL # 22-1956 Universal Building & Construction for the property located at 1273 Lindenhurst Road Yardley PA 19067, tax parcel # 20-003-020. Applicant intends to subdivide the property into three lots and construct single-family dwellings on the two new lots and is requesting Variances from Township Zoning Ordinance Section 200-16 in order to permit a maximum density of 1.63 dwelling units per acre where 1.07 is permitted under the ordinance, and Section 200-61.C to permit the measurement of building setbacks from the lot lines where the ordinance would require setbacks to be measured from the limits of resource protected lands. c. APPEAL # 22-1957 Cellco Partnership, d/b/a Verizon Wireless for the property located at 499 Stony Hill Road Yardley PA 19067, tax parcel # 20-034-001. Applicant is requesting a Variance from Township Zoning Ordinance 200-28 to allow for a proposed telecommunications facility within the R-3M zoning district. The facility will consist of a monopole antenna support structure, designed to resemble a pine tree, 120 feet in height and the attachment of up to 12 panel antennas at the top of the monopole to be located within a 20’ by 40’ fenced compound. A lightning rod and artificial branches to conceal the structure shall extend to an overall height of 125 feet. In the alternative, if ultimately deemed required, a validity variance pursuant to Section 916.1 of the Pennsylvania Municipalities Planning Code, 53 P. S. § 10916.1 (1968, as amended), based upon the Communications Act of 1934 as amended by the Telecommunications Act of 1996 which provides that, "No state or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of an entity to provide any interstate or intrastate telecommunications service." 47 U.S.C. §253(a). If relief in the affirmative is not granted by the ZHB to allow the Facility, the Code will have the effect of prohibiting personal wireless services facilities by materially inhibiting the ability of Verizon Wireless to provide state-of-the-art wireless service to its users. In addition, to the extent that variance relief from the Code as stated herein is needed to establish personal wireless services facilities throughout the Township, such regulations result in (i) effective prohibition of personal wireless services in the Township; and (ii) unreasonable barriers to entry of personal wireless services in the Township. Consequently, the Code violates the federal Telecommunications Act. The available federal remedy allows site specific relief, which would authorize the Applicant to proceed with development of the Facility. In the alternative, a validity variance pursuant to Section 916.1 of the Pennsylvania Municipalities Planning Code, 53 P. S. § 10916.1 (1968, as amended), based upon the Communications Act of 1934 as amended by the Telecommunications Act of 1996, which provides that a municipality shall not render decisions which prohibit, or have the effect of prohibiting, the provision of personal wireless services. 47 U.S.C. §332(c)(7)(B)(II). If relief in the affirmative is not granted by the ZHB to allow for the Facility, the decision will have the effect of prohibiting personal wireless services facilities by materially inhibiting the ability of Verizon Wireless to provide state-of-the-art wireless service to its users in violation of the federal Telecommunications Act. The available federal remedy allows site specific relief, which would authorize the Applicant to proceed with development of the Facility. If the decision of the ZHB is based on grant of a validity variance, then Verizon Wireless further requests grant of a variance as to any applicable area and bulk requirements which may be construed to pertain to the proposed Facility. Verizon Wireless also applies for such other interpretations, waivers and/or variances as may ultimately be required. d. APPEAL # 22-1958 Andrew Scheurer for the property located at 1525 Derbyshire Road, Yardley PA 19067, tax parcel # 20-055-025. Applicant is requesting a Variance from Township Zoning Ordinance 200-23B in order to permit a 424 square foot addition which would increase the impervious surface from 30.3% to 33.1% where 30% is the allowable amount.
Zoning, Inspections and Planning
ZONING, INSPECTIONS AND PLANNING a. Consideration to approve extension request of 1566 LLC Subdivision (Plan #685) to July 31, 2022.
SUPERVISORS REPORTS e. James McCartney - Farmland Preservation; Golf Committee; Parks and Recreation Board; Special Events; Ad Hoc Property Committee f. Fredric K Weiss – Disability Advisory Board; Electronic Media Advisory Council; Seniors Group; Sewer Authority; Zoning Hearing Board; Ad Hoc Property Committee g. Daniel R. Grenier - Electric Reliability Committee; Historical Architectural Review Board; Historical Commission; Planning Commission h. Suzanne S. Blundi – Agricultural Security Board; Board of Appeals; Environmental Advisory Board; Emergency Management; Financial Advisory Council i. John B. Lewis – Citizens Traffic Commission; Economic Development Council; Trenton- Mercer Citizens Airport Review Board; Veterans Committee ADJOURNMENT