HomeMy WebLinkAbout98-07250
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SILVER SPRING TOWNSHIP
'Villiam C. Dunn, Chairman
Wayne M. Pecht, Vice-Chairman
Jan N. LeBlanc
Maria L. Lewis
Jackie Eakin
November 24, 1998
Certified Mail #Z 224 776 858
Mr. Gregg Carignan
6495 Carlisle Pike
Mechanicsburg, Pa 17055
RE: Appeal 98-4
Substantive Challenge 98-1
Dear Mr, Carignan:
Enclosed please find the Order of the Silver Spring Township Zoning Hearing Board
relative to your Appeal of Substantive Challenge to the Validity of the Silver Spring Township
Zoning Ordinance. The applicant, if aggrieved b)' the decision of the Zoning Hearing Board, may
within thirty (30) days after entry of such deciskn of the Board. seek review by t'e Court of
Common Please in Cumberland County of such decision in the manner provided by the Laws of the
Commonwealth of Pennsylvania.
Sincerely,
. -- g)t
James E. Hall
Zoning Officer
Enclosure
JEH/sil.b
6475 Ca.rli>le Pike ~ :\1edunicsburg. PA 170~5.2391 . (717) 76MII78 . (717) 766-16% FAX
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BEFORE THE
ZONING HEARING BOARD OF
SILVER SPRING TOWNSHIP, PENNSYL V ANlA
Application No. A-98.4
and
Application No. SC.98-1
In The Malter of
Premises located at
6495 Carlisle Pike,
Mechanicsburg, Pennsylvania
GREGG CARIGNAN
FINDINGS AND ORDER
Gregg Carignan (the "Applicant") filed two applications on September 14, 1998. The first,
an appeal, is described by the Applicant as an appeal from "the determination of the zoning officer
or the lack tbereofand his failure to list the [Applicant's] non-confonning uses." The second
application consists of a challenge to the validity of the Silver Spring Township Zoning
Ordinance, as a nended (the "Ordinance"),
FINDINGS OF F ACT
r. A public hearing (the "Public Hearing") was held at 6:00 P,M, on Monday, October
12, 1998, at the Silver Spring Township Municipal Building, 6475 Carlisle Pike, Mecbanicsburg,
Pennsylvania, for the purpose of considering Applicant's requests for relief.
2, Notice of the Public Hearing was published in the September 26, 1998 regular
edition. and Septcmber 29,1998 \Vcst Edition. ofthc Patriot News, Hanisburg, PA. Notice of the
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Public Hearing was also posted on the premises, reflecting the relief sought by the Applicant as
well as the date, time and location of the Public Hearing. On September 22, 1998, wl;tten notice
of the Public Hearing was mailed to the Applicant at 6495 Carlisle Pike, Mechanicsburg,
Pennsylvania, and was sent via postage paid certified U,S. Mail No, 224-776-825.
3. Applicant failed to pick up the notice that was sent via certified U,S. mail. The
Township therefore followed up by sending the notice via regular first-class U.S, mail.
4. All of the notices (i.e" those sent to the Applicant as well as those published in the
newspaper and posted on the subject premises) accurately reflected the date (October 12, 1998),
time (6:00 P,M,) and location (Township Municipal Building, 6475 Carlisle Pike, Mechanicsburg,
PA) of the Public Hearing.
5, Applicant failed to appear at the Public Hearing. In addition, no representative of
Applicant was present at the Public Hearing,
6. Applicant's case was the first case scheduled to be heard at the Public Hearing,
When Applicant's case was called, neither Applicant nor a representative for Applicant was
present. The Silver Spring Township Zoning Hearing Board (the "Board") then proceeded to hear
four other cases that were scheduled to be heard that night. At the conclusion of those four cases,
Applicant's case was called again. Again, neither Applicant nor any representative for Applicant
was present.
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GREGG CARIGNAN
6495 Carlisle pike
Mechanicsburg, PA 17055
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 98-7250 CIVIL TERM
ZONING HEARING BOARD
SILVER SPRING TOWNSHIP
6475 Carlisle Pike
Mechanicsburg, PA 17055-2391
RETURN OF WRIT OF CERTIORARI
AND NOW, comes the Zoning Officer in and for the Township of
Silver spring, Cumberland County, Pennsylvania, and files the
following (together with the Writ of certiorari served on the
zoning Hearing Board) as the record of the proceedings before the
Zoning Hearing Board in and for the Township of Silver spring:
1. Application for Appeal of Determination from
zoning Officer or Engineer No. A 98-4.
2. Zoning Hearing Board Checklist prepared by
Zoning Officer.
3. Copy of letter notice to Appellant re hearing
of Octcber 12, 1998, including returned certified mail
version of notice (unopened). It is noted that said
notice was also sent to Appellant by regular first-
class mail postage paid.
4. Proofs of publication of notice re hearing of
October 12, 1998, from The Patriot-News Co. indicating
publication on September 26 and 29, 1998.
. ." I ," . '. ,.',' I . ", . '., ' . . , , " ." ~ r .' \ ' I ,
Gregg Carignan
6495 Carlisle Pi.ke
Mechanicsburg, Pa. 17055
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Zoning Hearing Board
Silver-Springs Township
6475 Carlisle Pike
Mechanicsburg, Pa. 17055-2391
NO. 98-72SU- CIVIL
~ TERM
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WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
55.
COUNTY
OF
CUMBERLAND)
TO: Zoning Hearing Board of Silver Springs Township
We, being wi.lling for certain reasons, to have certified a certain action
between
Greqq Cariqnan vs Zoninq Hearinq Board of Silv8r Sprinq Township
pending before you, do ccmnand you that the record of the action aforesaid with
all things concerning said action, shall be certified and sent to our judges of
our Court of COl1l1On Pleas at Carlisle, within 20
days of the date hereof.
together with this writ; so that we may further cause to be done that which ought
-
to be done according to the lav.'S and Constitution of this COTITlOnweal th.
WITNESS. the Honorable
our said Court, at Carlisle. Pa.. the --24~ day of December
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TRUE COpy F;:iOM Er2CORD
In Te~timn;1Y \l!f~CH;(l1. I htre until SGl my hand
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SILVER SPRING TOWNSHIP
William C. Dunn, Chainnan
Wayne M. Peeht, Vice-Chainnan
Jan N. LeBlanc
Maria L. Lewis
J aWe Eakin
November 24, 1998
Certified Mail #Z 224 776 858
Me Gregg Carignan
6495 Carlisle Pike
Mechanicsburg, Pa 17055
RE: Appeal 98-4
Substantive Challenge 98-1
Dear Mr. Carignan:
Enclosed please find the Order of the Silver Spring Township Zoning Hearing Board
relative to your Appeal of Substantive Challenge to the Validity of the Silver Spring Township
Zoning Ordinance. The applicant, if aggrieved by the decision of the Zoning Hearing Board, may
within thirty (30) days after entry of such decision of the Board, seek review by the Court of
Conunon Please in Cumberland County of such decision in the manner provided by the Laws of the
Commonwealth of Pennsylvania,
Sincerely,
~g~
0aJl1~s E, Hall
Zoning Officer
Enclosure
JEHlsab
6475 Carlisle Pike
, 'Y
· M~tsbUrg.PAtfo~f~3~'1 . (717) 7(M178 .
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(717) 76(,,1696 FAX
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BEFORE THE
ZONING HEARING BOARD OF
SILVER SPRING TOWNSHIP, PENNSYL V ANlA
Application No, A-98-4
and
Application No, SC-98-1
In The Matter of
Premises located at
6495 Carlisle Pike,
Mechanicsburg, Pennsylvania
GREGG CARIGNAN
FINDINGS A."ID ORDER
Gregg Carignan (the "Applicant") filed two applications on September 14, 1998, The first,
an appeal, is described by the Applicant as an appeal from "the detennination of the zoning officer
or the lack thereof and his failure to list the [Applicant's] non-confonning uses." The second
application consists of a challenge to the validity of the Silver Spring Township Zoning
Ordinance, as amended (the "Ordinance"),
FINDINGS OF FACT
1. A public hearing (the "Public Hearing") was held at 6:00 P,M. on Monday, October
12, 1998, at the Silver Spring Township Municipal Building, 6475 Carlisle Pike, Mechanicsburg.
Pennsylvania, for the purpose of considering Applicant's requests for relief.
2. Notice of the Public Hearing was published in the September 26,1998 regular
edition, and September 29,1998 West Edition, of the Patriot News, Harrisburg, PA. Notice of the
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Public Hearing was also posted on the premises, reflecting the relief sought by the Applicant as
well as the date, time and location of the Public Hearing, On September 22, 1998, written notice
of the Public Hearing was mailed to the Applicant at 6495 Carlisle Pike, Mechanicsburg,
Pennsylvania0U1d was sent via postage paid certified U,S. Mail No:224-776-825,
3. Applicant failed to pick up the notice that was sent via certified U,S. mail. The
Township therefore followed up by sending the notice via regular first-class U,S, mail.
4, All of the notices (i,e" those sent to the Applicant as well as those published in the
newspaper and posted on the subject premises) accurately reflected the date (October 12, 1998),
time (6:00 P.M.) and location (Township Municipal Building, 6475 Carlisle Pike, Mechanicsburg,
PAl of the Public Hearing,
5, Applicant failed to appear at the Public Hearing, In addition. no representative of
Applicant was present at the Public Hearing,
6. Applicant's case was the first case scheduled to be heard at the Public Hearing.
When Applicant's case was called, neither Applicant nor a representative for Applicant was
present. The Silver Spring Township Zoning Hearing Board (the "Board") then proceeded to hear
four other cases that were scheduled to be heard that night. At the conclusion of those four cases,
Applicant's case was called again. Again, neither Applicant nor any representative for Applicant
was present.
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SIGNA TURE
I hereby certify that the inlorm,ation submitted in Bccor~ance ~~If this BJ1/llicalioll is correcl. and ..1.-:-,.
~vu:c.lu-pay IOUJUl$IH;uStTUUI~l'O~ dbu'll!, p<;'f' ) c' f fire. c;;; /'/' (:' 'l / Fe e ~
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Applic t's Sign~ Oat '
ADMINISTRATION
Date Application Accepted
Total Costs
Dates Advertised (two successive weeks no more than 3D and no less than 7 days beloJe hearing)
Property Posting (at least one week belore hearing)
Date 01 Hearing [within 60 days 01 applicaliont
Date 01 Decision (within 45 days 01 last hearing!
Decision
Chairman
Vice Chairman
Secretary
SI!SPl
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APPEALS TIlE I>ETERMINATION 01< THE ZONING OFFICER OR
TilE LACK TIIEREOF ANI> HIS FAILURE TO LIST THE
PETITIONER'S NON-CONFORMING USES
ANI> NOW, COMES TilE PETITIONER:
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TilE TOWNSIIIP of Silver Spring on August, 14, \998 filed a compliant with the court
101' cnmmon pleas ,in Cumherland county may this petition is to serve as the Petitioners
preliminary ohjections and appeal of the detenninations of the Zoning Officer.
12. Admitted in part, denied in as tar as the Defelldant could not purge himself from
hehind prison walls, Defendant is unable to comply with tltis courts order due to its arbitrary,
amhiguous, and vague order which giver. no standards hy which the Defendant, despite
numerous pleas to this court for clarification his pleas go unheard. It is the position of the
Tnwnship with this courts coliusion to expand the adjudication beyond the evidence presented
and finding of fact,
17, Denied; The review of the facts will not. support this conclusion.
23. Defendant is without specific knowledge of the facts upon which the Township relies
to draw a conclusion as to the validity of the statement. Therefore a more specific pleading is
11l'n~hv demanded
24 See answer to liD
26 Denied.
Defendant's New Matter
\, Township'~ complaint gros~ly lails to comply with the requirement.s of the M.P,C.
section 6161, 617 and its suhscclions. Ihe Township's own ordinance adapted October \1 1995
section 700.1 and its subsections,
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2, on Octoher II 1998 the Township of Silver Spring adopted a new zoning ordinance,
cnntaining section 700.1,2.0 deserihing the duties of the zoning officer as follows:
To inspect nonconformin~ uses, structures, and lots and to keep a med
record of such llonronformin~ IISl'S lInd structures, together with the reasons why
thl' Zonill~ Officl'r identified them as nonconfonnity's, s a public record and to
euminl' them Ill'riodirally, with the view of eliminating the nooconfonniog uses
under the ellistin~ laws and ref:(ulatiolls;
,1, The Township's Zoning Officer has failed to list the Defendants nonconfonning uses
4. The lanJ,tuage in 700.I,2,D. is indicative as to the Townships goals lIl\~ to eliminate
nonconforming uses.
S. Section 500 CONTINUATION; provides in part:
.............any, IIse building, or structure lawfully existing at the time of
enactmellt of this Ordinance may be continued, although it is not in confonnity
with the re~ulations specified by this Ordinance
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(j, This courts Oecree Nisi bccame linal December 1995 therefore the Defendant's use
was lawfully in existence at the time of the Ordinances enactment.
7. Sectioll 705 Rl'nrals and Inronsistencies states;
Any resolution or ordinancl', or part thereof, inconsistent herewith and
any lImcndml'nts thl'rl'of are herl'hy ellpressly repealed.
8. Therefore the injunctive is hased on ordinances that were repealed months prior to the
d""I.'e hecoming linal.
I). Oefendant awaits Supreme Court review of his petition,
10. Oefendant 011 this day has liIed a challenge and amendments to the Zoning Ordinance
of I cm, Exhihits arc attached hereto,
11. Defendant demands his right to trail by jury and the appointment of counsel to
represent him, Defendants cites Town of McCandless v. Belisano. Po. at . 707 a~
ill. Which Justice Zappala held "While the enforcement of municipal ordinances that provide
for imprisonment upon conviction or failure to pay a fine ,the same is not true for municipal
ordinances Ihal do 1101 provide tilf imprisonment upon conviction or failure to pay fine or
p..naltv. which. hy delinition. are not I'ellallaws, and thcrefore arc not included in the definition
of criminal pmcccdillgs, "I'a. R ('rim 1. The higher degree of protection provided by the rules
of C'r iminal Procedure does nOl applv 10 l11unicipal ordinance enforccment actions where
implisonment is 1I0t a rcmcdy for conviction or failure to pay a fine. TIus court has to either
3rkllowled!-\c it dtles nol have the right 1<1 imprison the Defendant or if the Defendant has the
righlttl lhe prntcction thatlhe Pcnallaws afforded him.
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12, The Township relil~s upon 3 year old stale findings which are devoid of the presents
of skunks or any other enjoinahle cause of action and willfully enjoins new rights and uses
granted the Oefendant.
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13. The Defendant demands Judge Oler's requseslal as it is he who has elevated the
Defendants use to an alleged nousiness. a use that has operates unencumbered and accident free
for almnst 40 years.
14. Judge Oler has refused to acknowlcdge the Defendant's rights and the fallacies in the
Townships case.
I S, The (',ourts have long held: I'or and injunctivc order to be sustained the facts upon
which it lics arc undisputed and incontestable,
16. This Court's stale findings arc grounded on unconstitutional prohibitional Ordinances
which this court has willfully ignored,
17, The Township seeks to eliminate through strong arm and heavy handed tactics to
enjoin nonconforming uses and to eliminate such nonconfonnity's,
18, This court has colluded with the Township to enjoin a legitimate use and seeks to
regulatc ESTIIF.TIC and eliminatc non confonning uses,
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Date: Sentcmher 14. II)l)R
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CHALLENG"~ TO nm VALIDITY OF THE APPLICABLE ZONING
ORDINANCE COtlPLED WITII A CURATIVE AMENDMENT AND
APPEAL OF THE DETERMINATION OF THE ZONING OFFICER AND
IUS REnlSAL TO LIST I'ETITIONER'S NON-CONFORMING USES
RE: Premises: Gregg C.arignan{ c.1. Landscaping: of6400 block of the Carlisle Pike,
Silver Spring Township. Cumbcrland County herein rcfcrred to as the "Property",
n~le: Septemher 14, 199R
To The Supervisors. Silver Spring Township;
Notice ofintcnt; Gregg Carignan{ Co I. Lawn and Gardcn, herein referred to as the
"Petitioner" appeals the tindings, or the lack thereof, of the Zoning Officer, ifthere are any
contained within the Township's complaint, and his failure to list the non-confonning uses upon
the suhject properly pursuant to section 700,1,(2)0, The Petitioner here by gives notice the
aclion tiled on August 14, 1998, (which the petitioncr assumes the Township contends is it's
enforcement notice) grossly fails to comply with the zoning ordinance enforcement provisions
contained in sections 700,3 and its subsections and the empowering sections of the M.P. C.
indlHleel in 616,1 anel its slIhsl'r.tions, The Petitioner further reselVes the right to amend his
appeals when the Zoning Officcr makes actual detenninations from which the petitioner may
take exception to. Therefore the following are the sections that the Petitioner assumes to be the
relt'vant authority in this action.
Gregg Carignan, Karen Carignan (Petitioner's spouse),and! C.I. Lawn and Garden, and
the citi7.ens and husiness of Silver Spring township, herein referred to as the "Petitioner"
hert'with challenges the validity of the Ordinance # 26, the 1976 Zoning Ordinance as amended
aIHIt>nactcd ami the 1995 7.Oning Orelinance as enacted, Pursuant to the Pennsylvania
Municipalities Code Sections (iOC), I ami (,16.1, on the grounds that the Ordinances are
e~dusionary va~lIe and seek to regulate esthetics and Motor Vehicle Code provisions. Gregg
CnriJl,nan WI. Lawn and Garden contends that the Township has willfully and deliberately failed
to make provisions and allocate the Township's "fairshare" for the Petitioners use and others
like himse1fthe e\Tect is thcrcfor exclusionary and is invalid for those reasons. The Petitioner
alsn contcnts that ccnain section of the ordinances seek to regulate esthetics and provisions of
"The Motor Vehicle Code" provisions which are not applicable in Zoning Ordinances as they
have no bearing on the health safety and welfare of the public(the only way zoning provisions
arc upheld to be constitutional), The Petitioner thirdly contends that sections of the Ordinances
arc vague and ambiguous and should be deleted under the "Void for Vagueness Doctrine,"
which relies on Counts. Amend, 14
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Gregg Carignan and Karen Carignan arc the owners in equity of the subject property
located in Silvcr Spring Township as more full described in Exhibit "A" attached hereto, The
p/lllwrty is in cxccss of20,OOO square Ic,'1 and is prescntly in the C-3 commercial zone, prior to
O"'ohcr 16 of 1995 in Ihe C-2 commercial zone, and prior to 1961 the A-G zone ,Gregg
and Karen Carignan plan to operate upon Iheir property as they have for the past 18 plus years
mill as the Depasllllelas' and Iheir lenants in trust had since 1961. the Township has
c'h"""'lerized thc pelitioncrs use as Ihc" sloring of wrecked and disable vehicles therefore
,''''''Iituling a jllnk yard Thc Petilioner contents his use is similar to the adjoining uses and
11'1'"'",nls no grealcr danger than one normally encounters on a daily basis, The Petitioner's
I" "llI'rl v right sand fi'eedom have been adversely affected by these defective Zoning Ordinances
and I heir seleclive enfilfcement.
Gregg Carignan proposes thai the Supervisors cure the invalidity in the Zoning
Ordinance as envisioned by section 609, J of the Pennsylvania Municipalities Code by including
the uses permiUed in the commercial zones to include use by right private and public vehicle and
equipment service. repair, and towing r.1cilitics without side storage of wrecked and disabled
vehicles and equipment, striking down "Ordinance # 26 and the other illegalities within the
rdative ordinances. Curative amendments arc attached as Exhibit "I",
The I'elitioner requcsts a hearing hefore the Supervisors on his challenges, proposed
aml'l1<hnCills. appeals oflhe Zoning Oilicer and his failure to list the Petitioners non-conforming
II!\PS
The PClitioner further displllt's tl1l' reasonability of the appeal fee of some $400.00
g'l'ssly fails 10 comply with section (lOX ( 1.1) in prescribing reasonable hearing fees, despite
nln'"'IOUS reqllesls 10 Township pcrsonal pllfsuant to section 702,1 the Township has failed to
l"",ide till' petitioner with Il.e sch,'dllle thai is leferenced in section 702,1,
Filed Septemher 14.1 <lOX
c,. Zoning Olliccr
9~q a:.r
1 Gregg Carignan
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Karen Carignan
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c7T..~wn andGarden
TfDIn/A Gregg's Nursery
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Legal Description of Tract of Land, Silver
Sp~ing Township, Cumberland County, Pennsylvania
Containing 15,979 square feet
Beginning at a point at th~ southwest corner of other lands of Guy
J. and Jean DePasquale, said point being located and referenced by the
following two (2) courses and distances from the southeast right-of-way
'intersection of Hogestown Road (pa. Route No. 114) and the Carlisle Pike
(U.S, Route No. 11), (1) in an easterly direction a distance of 1,476 feet
along the southern legal right-of-way line of the Carlisle Pike, (2) south
04026'00" west, a distance of 444.50 feet to the point of Beginning;
thence along other lands of Guy J. and Jean DePasquale south 08030'00"
east, a distance of 160.00 feet to a point at lands now or late of Fiala,
Inc.; thence along said lands south 04,026'00" west, a distance of 100.00
feet to a point at the northern right-oi-way line of a proposed 50 foot
right-of-way; thence along said northern right-of-way line north 88030'00"
west, a distance of 160.00 feet to a point at lands now or late of l~edico
Realty Company; thence along said lands north 04026'00" east, a distance
of 100.00 feet to a point the place of Beginning,
.~
Said conveyance however is subject to the servitude of an easement
in favor of Grantor for ingress and egress across lands of Grantee being
conveyed in regard to that certain stone driveway presently established
on said land being some 20 feet more or less in width.
Also subject to the servitude of an easement for use and access by
',.
Grantor in and to that certain drainfield, containing some 5000 square feet :.
situate in the northeast corner of the lands being hereby conveyed.
Also granted hereby by Grantor to Grantee an easement for use and
access in favor of Grantee in and to that certain water line situate on
the western side of the land of Grantor adjoining the north side of lands
being conveyed hereby.
The aforesaid easements for use shall run with the lands of the
Pllrties hereto, their heirs and assigns, so long as the usage for which
intenct_d 11 b f
- sha e necessary for the enjoyment by the owners 0 the re-
Spective ~arcels.
EXHIBIT A
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PROPOSlm C\ IRATIVE AM ENDM ENT TO ZONING ORDINANCE # 26
AIlOPTE!) OCTOBER 14, 1%9 TO BE ABOLISHED FOR GREGG
CARIGNAN, TilE CITIZENS AND BUSINESS OF SILVER TOWNSHIP
IN TilE INTERESTS OF TIlE CURiNG THE EXCLUSIONARY
PIWVISIONS OF TIlE ORDNANCE, LANGUAGE THAT SEEKS TO
REGIILATE ESTm:TICS AND liAS NO RELATION TO THE HEALTH
SAFETY AND WELFARE OF TilE GENERAL PUBLIC.
On this
day of
,1998
z of 2
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ORIlINANCE #26 is HEREBY AHOLlSHEI>!
hy the Hoard ofT Township Supervisors of the Township of Silver Spring,
{ 'IImherland COllnty, Pennsylvania,
Township of Silver Spring
By
Chairperson, Board of Supervisors
By
Supervisor
By
Supervisor
^'1TI'.ST:
:' 1 , ,
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:'
MEMORANntJM IN StJllPORT OF CHALLENGES OF THE
ORmNANCES OF ANn AMENDMENTS OF GREGG CARIGNAN, THE
CITIZENS AND IHJSINESS OF SILVER SPRING TOWNSHIP
Ordinances 1/26 provides in part as follows:
S.:CTlON S. No person shall park or store any wrecked or junked or
nnlirensed vehide or parts thereof or junk on any private grounds within the
Towllshi,. flf Silver Sprill~.
SECTION 6. With the exception of motor vehicles regularly used for
Iranspllrtation by the owner fir orcupant of the private grounds within the
Township of Silver Spring, no motor vehicle, junked or wrecked or otherwise, shall
he stored on said premises unless the keeping or storage of the same has been
approved by the Township Supervisol"S.
SECTION 7. Any person desiring to store or to continue to store motor
vehicles on private ~rounds except for (emergency repairs under certain
conditionsl shall apply in writin~ to the Township Supervisors for a permit se:ting
forth the loeation and desl'riptifln flfthe land on which said motor vehicles are to
he plal'ed, the number and lIature thereof, the manner ofT storage, (and) the length
and for the stora~e.
~ .!unk is delined :IS "any material considered detrimental to the
heallh. deanliness. beauty fir s:lfely of the Township.
Seetinn ~ is exdllsinnary nil its f.1ce that "no Ilcrson shall" municipalities have and
,:hli~atinn In make allnwances for all uses they may not choose to have only the uses that
pleases them They must except their "fair share of all uses,
Section 6 makes the permiued use personal to the applicant and make no connet:tion to
the health safety and wclf.1re or moral of lhe general public, The Courts have long held that it is
unconstitutional to interfere with ones property rights where there is no relation to the health
safety and welf.1re of the general Pllhlic. Additionally never in the thirty years has their ever been
an approved sl()la~e hy lhe lown~hip Supervisors constituting another prohibition ofa use,
The SlIpervi""s how seem 10 ahsllnlly suggests that a dir.abled or wrecked vehicle. is somehow
1111111' dal1~e'''"s IIml1 all operating nlll:
2. of2
Section 7 Suffers from the same deficiency as section// 6 making the permitted use
personal to the applicant and sets no standards by which one may rely upon in seeking
permission ( permission never hefore granted by the Board),
*I(h) I: is a heavily supported nlct that land use regulations which protect the health
safely and welfare oflhe puhlic arc enlinceable, It is not true of regulations that seek to legislate
ascetics or beauty as the wording of this section seeks to and is the overall nature of this
()ulinance.
TJlERIWOR tin the filrgoing REASONS Ordinance //26 fails the litmus test of
valillily and mllst be aholislwd 10 pmtect the municipality for law suits based on constitutional
riehts violation Ihalthis Ordinance is volatile,
"3 at 2
.' .' . '" , . '0 J . , ' . " .,~ . .'. .' . , ,...., "',: I. '. .'. ' ~, . , I
PROPOSE I> CURATIVE AMENDMENT TO ZONING ORDINANCE OF
SILVER SPIUNG TOWNSIIIP AI>OPTEI> SEPTEMBER, 1976 TO BE
AMENI>ED FOR GIU:C;c; CARIGNAN, THE LANDS OF C.I.
LANDSCAPING, TilE CITIZENS ANI> BUSINESS OF SILVER
TOWNSIIIP IN TilE INTERESTS OF THE CURING THE
EXCLlISIONARY PROVISIONS OF THE ORDNANCE, LANGUAGE
'1'11/\'1' SI':EKS TO REGlJLATI~ ESTHETiCS AND HAS NO RELATION
TO TilE IIEALTII SAFETY ANI> WI~LFARE OF THE GENERAL
I>>UBLIC
Seclion W2. C-2 IIIGIIW A Y COMMERCIt.L 1)1 STRICT shall be amended in the
lilllmving manor In perrnillhe uses ni"lhe petitioner, Gregg Carignan TmfBlA C.1. LAWN
ANI) (JAR()(~N AND (ml~GG's NURSERY, PRESENTLY LOCATED WITHIN THE
FORMER C-2 COMMERCIAL DISTRICT:
Amend Section 302.1 Use:UJ'y-,~ightreplacing 3U2,I,A.20, with the following language:
20. husin('ss plac<' of a huilder, carpenter, caterer, cleaner,
Coutractor, I>yer, ('(('('Iririan, furrier, mason, painter, plumber, roofer,
upholst('r('r, iucludiug oulside storage consistence with the nonnal
op('ralious and us('s rnnclnrll'llupon the premises.
Amend Seclinn .,02.1 JJ1i~~_hy RighI replacing 302,I,A.22. with the following language:
22. Th(' puhlic :nulllrivate servicing and storage of Motor vehicle,
lighl aud heavy ('lJlli(IIUCIII with the outside storage of wrecked, and (or)
disahlrll, vrhiclrs :nlll e1luipmenl. and the outside storage of supporting
supplirs malrrials ,ulIl associated by-products.
ADOPTED
this
day of
,1998
by the Board nfTTllwnship Supervisors ofthc Township ofSilvcr Spring,
CUll1hcrl:llId C01l111y. PCl1nsylvania,
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Township of Silver Spring
rly_
Chairperson, Board of Supervisors
By
Supervisor
By
Supervisor
^'I"I'I'.ST:
Z of]
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MEMORANDUM IN SUPPORT OF CHALLENGES OF THE
ORI>INANCES OF ANI) AMENDMENTS OF GREGG CARIGNAN, THE
CITIZENS ANI> BlJSINI~SS OF SILVER SPRING TOWNSHIP
By luldin!! Ihl' flulsidl' storagl' 10 Ihe prior uses listed above cures the
Cllulmdictiflns hflwl'l'u J02.I.A, 111111 it's subsections and 302.1.8 which permits by right
"usps fin thl' saml' 101 wilh and customarily incidental to any ofthe above permitted
liSPS," Furlhl'r add in!! lothe consistl'ncy to section 809.I.A.5. which states Outdoor
storn!!e IIf any type shall not be permitted unless such storage is a pari of the normal
Oll('ralions condncted on the premises........................"
M.P.C. seclion 603.1 Interpretation of Ordinance Provisions states:
In interprftin!! the langnage ofthe zoning ordinances to determine the
extl'nt of the restriction upon the use flf the property, the language shall be interpreted,
where doubt exisls as to the iutended meaning of the language written and enacted
by the govl'rning hody, in favor of the properlv owner and against anv implied
extension of thl' restriction.
M.I'.<:. seclion 60S. (in pertinent Ilarl) states:
.......Whl'rl' wning elistricls are created, all provisions shall be uniform for
elll'h dass of uses or slruclnres. within each, except that additional classifications
mllY II(' mlull' within any dislrict:
For the preceding reasons the Petitioner feels the proposed changes improve the
consistency of the ordinance and avoid the exclusivity and inconsistencies and ambiguities
contained in the old version.
3 of 3
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PIUWOSlm CURATIVE AMENI>MENT TO ZONING ORDINANCE OF
SILVER SPRING TOWNSIIlP ADOPTEI> SEPTEMBER, 1976 TO BE
AMENI)EI> FOR Glm<;c; CAIUGNAN, THE LANDS OF C.I.
LANDSCAPIN<;. Tim CITIZENS AND BUSINESS OF SILVER
TOWNSIIIP IN TilE INTERESTS OF THE CURING THE
EXC!.lJSION^I~V PIWVISIONS OF Tim ORDNANCE, LANGUAGE
TIIAT SEEKS TO ImGULATE ESTHETICS AND HAS NO RELATION
TO TilE IIEALTII SAFETY AND WELI?ARE OF THE GENERAL
PUBLIC
Section R09.I_shall he deleted in it's entirety and replaced with the
fi,llowing language
809.1 Permitted llses in Every Zone:
I. Outside stllra~e as a part of the normal operations conducted
IIn the premises.
AI)OPTED
Ihis ___ ___ day of
, 1998
lofer
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hy the Board of Township Supervisors of the Township of Silver Spring,
Cumherland County. Pennsylvania.
;-.1-: '
'.;," "
Township of Silver Spring
By
Chairperson, Board of Supervisors
By
Supervisor
l3y
Supervisor
ATTEST:
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1 '" SENDER:
I :f! _Compl8lelleml 1 aneVor 2 lor additional lervicas.
I It _Complete hamB 3. .ca, and .cb.
I I .Print your name and address on lha ,evoroe Ol.lhilllorm 80 thllt we can raluIn lhis
, card to you.
I -Attach thl, fonn 10 the Ironl 01 the mallpioco, or on tho back illlpaco does nol
pennl!.
Cl _Wrile*Rstum R9C6/pt RtKluostoo" on tho majl~ece below the articlo number.
5 _The Retum Recolpt will &how 10 whom the arliclu was deliverod and tho dalo
C delivered.
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I also wish to receive the
following services (for an
exlra fee):
1, 0 Addressea's Address
2, 0 Reslncted Delivery
Consult postmaster for f09.
4a. Article Number
1\1r. Gregg Carignan
6495 Carlisle Pike
l\1echanicshurg, Pa 17055
2:
4b, Servleo Typo
o Rogisfored
o Express Meil
o Return RecGipl for Merchandise
7, Date of Delivery
Ii Cartlfied
o Insured
o COO
5, Received By: (Print Name)
8, AddressBe's Address (Only If fequested
and fee is paid)
6, Signature: (Addressee Of Agent)
X
10;'!,8~).!l7 -[l-01 j'~l
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Domestic Return Receipt
Z 224 776 825
us Postal 501'o'Ico
Receipt for Certified Mail
No Insurance CoveraQo Provided.
Mr. Gregg Carignan
6495 Carlisle Pike
Mechanicshurg, I'll 17055
t'ostage
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Certified Fee
Special Delivery Fee
Reslrict6d Oeliv"ry Foe
on
m Return Receipt Showing to
YJhom & Date De~vered
~ Ro!\Jm~ShcIwi'9toW'lml,
It Dale," M)essM's Mdless
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C") Postmar'KorDate ~r/ 2 ;1.8-
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SILVER SPRING TOWNSHIP
,_~. :. .V, . ,", ::._.-:,: '.' :.'.:.',. ':.,'/ ":." . .: ,I . -,., \." "'" .'-' > . ',' . . ,
William C. Dunn, Chairman
Wayne M. Peeht, Vice-Chairman
Jan N. LeBlanc
Maria L. Lewis
Jackie Eakin
Scptcmbcr 22. J 998
RE: Ccrtificd MaiI1t224-776-825
Mr. Grcgg Carignan:
6495 Carlisle Pikc
Mcdwnicsburg. Pa 17055
DcaI' Mr, Carignan:
The Silvcr Spring Township Zoning Hcaring Board willmcct on Octobcr 12. 1998 at6:()() P,:vI, at
thc Township Municipal Building. 6475 Carlislc. Mcchanicsburg. Pa to considcr your applicationl!1\" an
appcal of Dctcrl11ination of thc Zoning Offkcr and Substantivc Challcngc 10 thc Validity of thc Zoning
Ordinancc,
Pk~asc plan to attcnd or have a rcprcscntativc prcscnt at this hcaring,
Should you havc any qucstions, pleasc led li'cc to contact mc.
Sinccrdy,
.2 (.? //,
>1)":"/ 0:' / /.h't
/ Jamcs E, Hall
v
Zoning Oftkcr
JEIl/sab
b.n') Clrli~lt' Pike . Mt't."h;iOi\'...bun.~. PA 17o')"',-2"t)) . 0)17) 7(l(l1)17S . 017) /(i.l Icnb FAX
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under net No, 587, Reerolled May 16. 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
FrankJ.Epler being duly sworn according to law, deposes ond says:
That he is the Controller of THE PATRIOT.NEWS CO" a corporation orga~ized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the
City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT.NEWS and THE
SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, in
the City, County and State aforesaid; that THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS were established
March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday and Metro editions/issues which appeared on the 26th day(s) of September 1998,
That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that
all of the allegations of this statement as to the time, piace and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behall of The Patriot.News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duiy recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317. / -----z- .~
PUBLICATION / ~. /~~ ~
COpy Wworn to a;d subscr;?et before me is 28th day of
~U'LlC: HOTICI
PUILICNOTlCE 1,,,,,,..b'f',lYtnthoftM SII.
vw $prIng TCNrmltJlp Zof'lII'lO Heortno Boord will
rMtfonMonOov.OctObtrl2. "NCltl:O#o,m.ot
the TO'lJl'f\IbIp MunlclPOl lulldln.. 11&75 CarIl,I.
Plk~ MKt\Onlaburg. P.nnnlvonlo 1701\ to con-
dud Il pUbliC hearln, on and conlklW the follow-
tn. COOIlccrtlOf\l:
Apoeol fI~ eif... Carl,non. 64" Corlls,l.
Pike, N\Khoftlclbure. ~n.....lvonIQ 170U, het
rUed an CIClPIleotlon tor Appeal of DltermlnotkHl
from Jomn ec. '''all. lonl~ omCW.
SUbltan"w ChoI*,"...1 . Gr" CarlfimOn<
"" torU.1t Plk., MtdMr.1cIbvte. ~vtYOf\la
\ms. hoa flied on ooolltotlOl'l tor 6ubltontlve
. ChoIJ4ofttJtWtMVolIl:tttvofttltlonII'lOOrdtnonce.
,.,11 qpplk:l:lflb haW lINn sutHnlMtd purluont
to$odiOn6Oo1 oJ "" '1111", WMft TOlWns.hlPOtdI.
~. All ,,,...,... POf'hta or. .r\(OI.Il'o!Md t(l
Gfttnd"" htorl",.
MerY a.., f"1tf"C:e-Mc.LoJIl
CIoOl.....
I.ItWI"..nfll TfIlll!'Mhfp
ePt~m/r 1998 A,D,
';~;C~--(
MyCollllllIsslunl )'pll('~,JUrv.:,~ - - N AR PUBLIC
l\!.LHlllit'J, !-'t'Il::"\,!,r,'t ,...."DrI311.My1 !&)i'fjfijission expires June 6, 2002
SILVER SPRING TOWNSHIP
6475 CARLISLE PIKE
MECHANICSBURG, PA, 17055
Statement of Advertisina Costs
To THE PATRIOT.NEWS CO" Dr,
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$
$
$
76,59
1.50
78.09
Publisher's Receipt for Advertising Cost
THE PATRIOT-NEWS CO., publisher 01 THE PATRiOT-NEWS and THE SUNDAY PATRIOT-NEWS, n6wSpBfJers of general
circulation, hereby acknowledge recolpt of the aforesaid notice and publication costs and certifies 'hnt the same havo
been duly paid. THE PATRIOT-NEWS (;0,
By......"....""""""""",.,.".."""."""","""","",
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of publication
Under Rct No. 587, RDDroucd MaV 16. 1929
Commonwealth of Pennsylvania, Counly of Dauphin} ss
Frank J. Epler bei.ng duly sworn accordi.ng to law, deposes and says:
That he Is the Controller of THE PATRIOT-NEWS CO" a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal ollice and place of business at 8t2 to 818 Market Street, in the
City of Harrisburg, County 01 Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and THE
SUNDAY PATRIOT.NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, in
the City, County and State aforesaid; that THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS were established
March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto Is exactly as printed and published in
their regular daily and/or Sunday and Motro editions/issues which appeared on the 29th day(s) of September 1998,
That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that
all of the allegations of this statement as to the time, place and character of publication are true; and
That he has personal knowledge of the facts aloresald and is duly authorized and empowered to verify this
statement on behalf of The Patriot.News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severelly by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds In and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317, .' ~ z::;
PUBLICATION . />/,//~ ~
COpy ~worn to and subscribed before me )hlj 29th day of
Nn~;l~n\ ~;'~dl ;/;' ~/7
lcrr1'\ 1(1J',',('i1,l'J:\\:\ry[lIl~'.~fl, ,.' '11/ /7
jlill:i:-,lllJ!i]. n,H,p\1I:\t~(11I11"" I L- ;../t
MVCOi'nl)I"~;I(J'Il_'(r';I,.;;.!lll~(;\~"h Na ARY PUBLIC
McmtlN, \'enn~yh!~i!lla M:;QCt~l:lon tj?~'dhmmission expires June 6, 2002
\ PUBLIC NOTICE
PU B LIC NOT ICE II htftbv given that the 511-
WIt' SMlnQ Township zoning t'4eorll'lO 6CIOf(\ wtll
mtttonNMtOaV. October \2. \9'71 ot 6:00 p.m. r.rt
the TownIhlll Munlt~1 Bulldlno. ",75 Carll."
PIIl.I. MethonlQbVrDo PrnnsylvonlCl \7'QSS 10 C~
, eNd 0 pUblic MOrine ~ ond cOMkler the follow-
ktIlI~l1c;cllons:
I APOeOI "'" GntO COrlonon. 6It5 COrll,le
I Pike. MtchonlcSbVrlI. ptnftsvlvonlO 17055< hoS
"filed an aopIlcot1on tor ~l o! oem-mlnotlon
t trornJQI'MIE.Holl.ZMlnuOfflCM"o
\ SUbstantw8 Choll~ ~t 0 GreO c<<1fInon.
64fl,CorII..te f'1~.. MechOnltlbUNo p~.,tvanlo
170ss. hO\. flit<! on oPOlh:otlon tor 5ubs.tontlvt
ChOlIfft9t to tM ValidIty cf the ZOnlno Of'dlnonc.t.
\ All QSlPAkant& hcrw bHft wbmltto<l pyn.uont
to Section 61)4 01 tht !oliver ~Ino TowMh~ ordl.
nance. All lnt<<.,ttd portlflore encouroJ'l'd to
~lMhIIOf"lne.
IM/tYLMlP*tt r't~
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SiLVER SPRING TOWNSHIP
6475 CARLISLE PiKE
MECHANICSBURG, PA. 17055
Statement of Advertisina Costs
To THE PATRIOT.NEWS CO" Dr.
For publishing the noticEt or publication altacned
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$
$
$
37,28
1.50
38,78
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publisher' 6 Receipt for Advertising Cost
THE PATRIOT.NEWS CO" publisher 01 THE PATRIOT,NEWS and THE SUNDAY PATRIOT.NEWS, newspapers of general
circulation, hereby acknowledge receipt 01 tho aforesaid notice and publication cests and cerlilies that the same have
been duly paid, THE PATRIOT. NEWS CO,
By..
....................................,. ... .,...,.............
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"
BEFORE THE
ZONING HEARING BOARD OF
SILVER SPRING TOWNSHIP, PENNSYLVANIA
Application No, A-98-4
and
Application No, SC-98-1
In The Maltcr of
Premises locatcd at
6495 Carlisle Pike,
Mechanicsburg, Pennsylvania
GREGG CARIGNAN
FINDINGS AND ORDER
Gregg Carignan (the "Applicant") filed two applications on September 14. 1998, The first,
an appeal, is described by the Applicant as an appeal from "the detennination of the zoning officer
or the lack thereof and his failure to list the [Applicant's] non-confbnning uses," The second
application consists ofa challenge to the validity of the Silver Spring Township Zoning
Ordinance. as amended (the "Ordinance"),
FINDJNGS OF FACT
I, A public hearing (the "Public Hearing") was held at 6:00 P,M, on Monday, October
12,1998, at the Silver Spring Township Municipal Building, 6475 Carlisle Pike, Mechanicsburg,
Pennsylv.lI1ia. for the purpose of considering Applicalll's requests for relief,
2, Notice of the Public Hearing was published in the September 26, 1998 regular
edition, and September 29. 1998 West Edition, of the fi!1riot News, Hanisburg. PA, Notice of the
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Public Hearing was 'Jlso posted on the premises, reflecting the relief sought by the Applicant as
well as the date, time and location of the Public Hearing. On September 22, 1998. wrillennoticc
of the Public Hearing was mailed to the Applicant at 6495 Carlisle Pike, Mechanicsburg,
Pennsylvania, and was sent via postage paid certified U,S, Mail No, 224-776-825,
3. Applicant failed to pick up the notice that was sent via certified U,S, mail. The
Township therefore followed up by sending the notice via regular first-class U,S. mail.
4, All of the notices (i,e" those sent to the Applicant as well as those published in the
newspaper and posted on the subject premises) accurately refleetcd the date (October 12, 1998),
time (6:00 P,M,) and location (Township Municipal Building, 6475 Carlisle Pike, Meehanicsburg,
PAl of the Public Hearing,
5, Applicant failed to appear at the Public Hearing, In addition, no representative of
Applicant was prcsent at the Public Hearing,
6. Applicant's case was the first case scheduled to be heard at the Public Hearing.
When Applicant's case was callcd. ncither AppJieantnor a representative for Applicant was
present. The Silver Spring Township Zoning Hearing Board (the "Board") then proceeded to hear
four other cases that were scheduled to be heard that night. At the conclusion of those four cases,
Applicant's case \\'as called again. Again. neither Applicant nor any reprcsentativc for Applicant
\\'as present.
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-8 -ComplGt.llems 1 and/or 2 tor additional IUMeGa.
I ii -Completellemt3, 48, and 4b.
'j I .Plint your namo and ofIOdross on the reverao of Ihlslonn 80 lhel wo can relum this
eanllo you,
.'J1ach this form to the front of lhe mallplece, or on the bnck If space dl)t11 not
I permit.
! -Wtilo.RBtum R6CBipt R9quf/stod" on lhe mailp/ece below the llIrticle number.
ti -The Return Recelpt will &how to whom tho ertlclo was dolivered and the dalo
I c deI~_,
, i 3, ArtIcle Addressed to:
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Mr, Gregg Carignan
6495 Carlisle Pike
Mechanicsburg, Pa 17055
5, Received By: (Print Name)
! 6. ~nelure: (Addressee or Agent)
PS Form 3811. Decembar 1994
I also wish to recelVB the
following sarvlcas (for en
extre faa):
1. 0 i\ctdl'G~affa Address
2, 0 Rastrictad Delivery
Consul! postmaster for f~9.
4a, Articla Numbar
4b, Sarvlce Typa
o Raglstared
o Express Mall
o Ralum Receipt for Merchandise
7, Dete of Delivery
o Certified
o Insured
o COD
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Z 224 776 1:58
us Poslal Sa/Vtee
Receipt for Certified Mail
No InSlJraflCo Coveraao ProvJdod.
Mr, Gregg Carignan
6495 Carlisle Pike
Mechanicsburg, Pa 17055
PO::;Ii.lfja
::;
8, Addressee's Address (Only if requaslad
and 'ae/s paid)
102595.97.a.0179 Domestic Return Receipt
,
Ceniliad Fee
Special Delivery Fee
Restricted Dolivery Fee
"'
~ Aolu:n Roceipl Showing 10
Whom & Dale Delivered
.~ ReJum R~l Showing 10 MIom,
<t Dat13.&Mckessoo'sMdress
o
g TOTAL Postaga & Fees $
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Public Hearing was also posted on the premises, reflecting the relief sought by the Applicant as
well as the date, time and location of the Public Hearing. On September 22, 1998, written notice
of the Public Hearing was mailed to the Applicant at 6495 Carlisle Pike, Mechanicsburg,
Pennsylvania, and was sent via postage paid certified U.S, Mail No. 224-776-825.
3. Applicant failed to pick up the notice that was sent via certified U.S, mai1. The
Township therefore followed up by sending the notice via regular first-class U.S. mai1.
4, All of the notices (i,e" those sent to the Applicant as well as those published in the
newspaper and posted on the subject premises) accurately reflected the date (October 12, 1998),
time (6:00 P,M.) and location (Township Municipal Building, 6475 Carlisle Pike, Mechanicsburg,
PA) of the Public Hearing,
5, Applicant failed to appear at the Public Hearing, In addition, no representative of
Applicant was present at the Public Hearing.
6, Applicant's case was the first case scheduled to be heard at the Public Hearing.
When Applicant's case was called, neither Applicant nor a representative for Applicant was
present. The Silver Spring Township Zoning Hearing Board (the "Board") then proceeded to hear
four other cases that were scheduled to be heard that night. At the conclusion of those four cases,
Applicant's case was called again, Again, neither Applicant nor any representative for Applicant
was present.
-2.
, .
BEFORE THE
ZONING HEARING BOARD OF
SILVER SPRING TOWNSHIP, PENNSYLVANIA
Application No. A-98-4
and
Application No. SC-98-1
In The Matter of
Premises located at
6495 Carlisle Pike,
Mechanicsburg, Pennsylvania
. . '. '..' " ~, ".', , . -, " .' ' , . ,',' ". ""'.:,. . '. :'. > ,!'.'.,
..
GREGG CARIGNAN
ORDER
AND NOW, this.::);: day of November, 1998, it is ORDERED that the applications (No,
A-98-4 and SC-98- I) of Greg Carignan appealing from a detennination of the zoning officer and
challenging the validity of the Ordinance, be DENIED,
"
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M:rr>',L/Pierce-McL~in, Chai~-sson
(Fmdmgs and Order Issued tIlls." (/ day of
Novcmbcr, 1998,)
AOO~670
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