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Home My WebLink About07-3395DONALD G. EVANS, SANDRA L. EVANS, HEIDI E. ARCHDEACON, CHRISTOPHER H. ARCHDEACON, RICHARD L. CORMAN, JR., GLORIA D. CORMAN, RODGER C. DIEHL, CAROLYN R. DIEHL, WILLIAM C. DeWALT, NANCY S. DeWALT, FAY M. MINICH, RICHARD L. BEZER, MARY H. WOHLER, and DONALD WOHLER, Appellants, v. ZONING HEARING BOARD OF NORTH MIDDLETON TOWNSHIP, Appellee. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 200 - ~ ~3 9,~'' ~'~ CIVIL ACTION LAND USE APPEAL NOTICE OF APPEAL Donald G. Evans, Sandra L. Evans, Heidi E. Archdeacon, Christopher H. Archdeacon, Richard L. Corman, Jr., Gloria D. Corman, Rodger C. Diehl, Carolyn R. Diehl, William C. DeWalt, Nancy S. DeWalt, Fay M. Minich, Richard L. Bezer, Mary H. Wohler, Donald Wohler (herein referred to collectively as "Appellants") by and through their attorneys, Irwin & McKnight, file this appeal from a decision of the North Middleton Township Zoning Hearing Board, Cumberland County, under authority of Section 1002-A of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. 11002-A (herein the "Planning Code"), and in support thereof, avers as follows: 1. This Honorable Court has jurisdiction in this appeal pursuant to § 11002-A of the Planning Code, as reenacted, Act of December 21, 1988, RL. 1329, 53 P.S. § 11002-A and §933 of the Judicial Code, as amended, 42 Pa. C.S.A. §933. 2. Appellants Donald G. Evans and Sandra L. Evans are adult individuals whose principal residence is at 811 Creek Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania, and are the records owners of the property located at 2281 Waggoners Gap Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania. 3. Appellants Heidi E. Archdeacon and Christopher H. Archdeacon are adult individuals whose principal residence is at 2281 Waggoners Gap Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania, and by virtue of an agreement to purchase have an equitable interest in said property. 4. Appellants Richard L. Corman, Jr. and Gloria D. Corman are adult individuals whose principal residence is at 2271 Waggoners Gap Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania. 5. Appellants Rodger C. Diehl and Carolyn R. Diehl are adult individuals whose principal residence is at 50 Diehl Drive, Carlisle, North Middleton Township, Cumberland County, Pennsylvania. 6. Appellants William C. DeWalt and Nancy S. DeWalt are adult individuals whose principal residence is at 51 Echo Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania. 7. Appellant Fay M. Minich is an adult individual whose principal residence is at 41 Pleasant Hall Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania. 2 8. Appellant Richard L. Bezer is an adult individual whose principal residence is at 90 Easy Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania. 9. Appellants Mary H. Wohler and Donald Wohler are adult individuals whose principal residence is at 70 Easy Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania. 10. Appellee is the Zoning Hearing Board of North Middleton Township, Cumberland County, Pennsylvania (hereinafter "the Board"), which maintains offices at 2051 Spring Road, Carlisle, Pennsylvania. 11. The property at issue is owned by Mehdi T. Atar and Jodi L. Atar, husband and wife, and is located at 2260 Waggoner's Gap Road, Carlisle, North Middleton Township, Pennsylvania (hereinafter the "Property"). 12. The Property is located within the North Middleton Township Agricultural Zone. 13. On or about April 12, 2007, Jodi L. Atar (hereinafter the "Applicant") filed an application to use the Property as a boarding kennel. It is also the stated intention of Applicant to use the property as a primary residence. 14. Subject to certain enumerated requirements, kennels are permitted by special exception in the North Middleton Township Agricultural Zone. 15. On or about May 8, 2007, the Board held a public hearing regarding Applicant's application to seek a special exception for a kennel at the Property. 3 16. By 2-0 vote, with 1 abstention, the Board decided to grant the application with the conditions that there be no more than twenty dogs and eighteen cats; that extra sound insulation be provided for the kennel building; and that the Applicant comply with all applicable federal, state and local laws. A true and correct copy of the decision of the Zoning Hearing Board of North Middleton Township is attached hereto and incorporated herein by reference as Exhibit «A „ 17. The Property actually consists of three (3) separate, but adjacent tracts acquired by Applicant and her husband on or about January 11, 2007. A true and correct copy of the Applicant's recorded Deed identifying the three (3) separate tracts of land is attached hereto and incorporated herein as Exhibit "B." 18. Applicant proposed the kennel to be primarily located upon Tract 2, which is the smallest of the pieces of land at slightly more than one (1) acre in size and fronts upon Waggoner's Gap Road. 19. Tract 1 has limited frontage along Waggoner's Gap Road and is primarily located behind Tract 2, while Tract 3 is contiguous with and lies to the north of Tract 1. 20. Covenant restrictions on Tract 3 prohibit any use of the lot which may become and annoyance or nuisance to the neighborhood and specifically limits the number of dogs permitted on the tract at two. A true and correct copy of the covenants and restrictions applicable to Tract 3 owned by Applicant is attached hereto and incorporated herein as Exhibit "C." 21. Section 204-88 of the North Middleton Township Zoning Ordinance requires that kennels be located on a minimum of two (2) acres. A true and correct copy of Section 204-88 is attached hereto and incorporated herein as Exhibit "D." 4 22. The Board considered the three separate tracts to be one large tract and therefore above the minimum acreage requirements of Section 204-88 attached as Exhibit "D." 23. Applicant testified that she planned to board dogs and cats in the barn located on Tract 2, and that the barn would be completely enclosed. 24. Applicant further testified that the animals would be exercised frequently, utilizing a fenced outdoor recreation area to the rear of the barn and a runway between the barn and the fenced area where Applicant would walk the animals on harnessed leashes. 25. The solicitor for the Board suggested that Applicant agree to locate the fenced outdoor recreation area on Tract 1 because Tract 2 would not meet the minimum setback requirements, to which Applicant orally agreed at the time of the hearing. 26. However, Applicant did not submit to the Board a scaled drawing showing the location and size of the fenced outdoor recreation area, and did not submit a scaled drawing of the proposed walkway between the barn and fenced area. 27. Applicant also did not indicate or propose the nature and extent of screening surrounding the fenced outdoor recreation area as required by the Zoning Ordinance of North Middleton Township. 28. The written decision of the Zoning Hearing Board of North Middleton Township was arbitrary, capricious, an abuse of discretion and contrary to law. Appellants hereby appeal the decision for the following reasons: 5 a. The board treated three separate tracts as one tract for the purpose of granting the special exception, even though the use will exist almost exclusively on Tract 2, which is less than the two (2) acre minimum required under § 204-88 attached as Exhibit "D." In the alternative, if the three tracts can be considered one tract for the purpose of granting the special exception, then the covenants restricting the number of dogs allowed on Tract 3 should apply to the entire property; b. The Board failed to make Applicant's continued use of more than one of the tracts a condition of approval. The Board's decision allows Applicant the ability to convey Tracts 1 and 3 at anytime and still be able to continue operating a boarding kennel on a tract of less than two (2) acres as a nonconforming use; c. Applicant testified that there would be a runway between kennel building and the outdoor recreation area where the dogs would be walked by harnessed leash. The Board failed to address and require adequate screening for the runway between the kennel building and outdoor recreation area as required by § 204-88; d. Applicant failed to provide both a sufficiently detailed scaled drawing of the site and a sufficiently detailed written description of the proposed use as required by ordinance, which are required in part to ensure compliance with required setback and screening standards; e. Applicant failed to "furnish evidence of effective means of animal and veterinary waste collection and disposal which shall be continuously implemented" as required by § 204-88 attached as Exhibit "D"; 6 f. Section 204-88 also requires that Applicant must affirmatively demonstrate compliance with all state requirements for kennels, which requirements Applicant failed to fully and adequately identify, much less demonstrate compliance; g. Primary access to the Property runs through an adjacent neighbor's property, and testimony at the hearing showed that Applicant has no right-of--way agreement or other written document ensuring continued access to the Property, and therefore Applicant lacks adequate continued access to the proposed kennel on Tract 2; h. The access drive fails to meet the minimum setback requirements of an access drive to a commercial use as required by section 204-35 of the Zoning Ordinance of North Middleton Township; i. Since Applicant is proposing to change the use of the barn on Tract 2 from agricultural uses to a commercial boarding kennel, the Board should have addressed the issue of off-street parking requirements and failed to do so as required by section 204-36 of the Zoning Ordinance of North Middleton Township; j. Since Applicant represented to the Board that the Property is to be used as both a kennel and primary residence, the Applicant failed to provide separate land development plans and sewage disposal plans for each use as required by section 204-32 of the Zoning Ordinance of North Middleton Township; k. Applicant failed to demonstrate that the proposed use is consistent with the purpose and intent of the Zoning Ordinance, does not detract from the use and enjoyment of the nearby properties, does not substantially change the character of the neighborhood, and does not present a detriment to the health, safety, and general welfare of the community. 7 WHEREFORE, Appellants respectfully requests this Honorable Court to reverse the decision of the Zoning Hearing Board of North Middleton Township as being contrary to law, or in the alternative, to have this case remanded for further review and proceedings consistent with the Zoning Ordinance requirements of North Middleton Township. Respectfully submitted, IRWIN, & McKNIGHT r Douglas. Miller, Esq. Supreme Court I.D. No. 83776 Matthew A. McKnight, Esq. Supreme Court I.D. No. 93010 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Appellants Date: June 7, 2007 8 EXHIBIT "A" NORTH MIDDLETON TOWNSHIP ZONING HEARING BOARD APPLICANT'S NAME: APPLICANT'S ADDRESS: OWNERS' NAMES' OWNERS' ADDRESS' LOCATfON OF PROPERTY' CASE NO: DATE OF APPLICATION: DATE OF HEARING' DATE OF DEGlSION~ BOARD MEMBERS PRESENT SOLICITOR' Jodi L Atar 1359 Swope Drive, Bossing Springs, Pennsylvania 17007 Mehdi T Atar and Jadi L: Atar, Husband and Wife 1359 Swope Drive, Boiling Springs, Pennsylvania 17007 2260 WaggonePs Gap Road, Carlisle, Pennsylvania 07-03 April 12, 2007 May 8, 2007 May 8, 2007 J. Wolford Herman, Chairman; James Hare Michael R. Rundle, Esquire FINDINGS OF FACT 1.. The Applicant is Jodi L. Atar, who resides at 1359 Swope Drive, Boiling Springs, Pennsylvania. 2. The Applicant and her husband, Mehdi T~ Atar, are the owners of property located at 2260 Waggoner's Cap Road, Carlisle, Pennsylvania. 3. Said property is approximately 'f 6..57 acres and is located in the Agricultural Zvne_ 4. The property is currently improved with a residential dwelling and a bam . 5. The Applicant and her husband intend to reside at said property after the conclusion of improvements to the dwelling.. 6 The Applicant desires to convert the existing barn to a kennel for the hoarding of dogs and cats. 7. The Applicant has been employed at the Bolling Springs Animal Hospital for more than 10 years and has extensive experience in the care of dogs and cats, 8. The proposed hours of operation of the kennel are 8; DO a.m. to 5'00 p.m-, Monday through Friday, and 8'.00 a.m. to 12.00 noon on~ Saturday. g, The kennel business will be operated primarily by the applicant and her sister, Beth Gillan, who also intends to reside at the property 10. The existing bam is a two-story cinder block building. 11 The Applicant intends to board no more than 20 dogs and 18 cats at any one time, 12 Dogs will be boarded in individual cubicles separated by four inch block walls and Plexiglas front walls, 13. The boarding. building will be completely enclosed with no outside animal pens, stalls or runways. 14 Dogs will be exercised white on leashes in an enclosed recreation area ~~ se# back a minimum of 100 feet from airy property fine, 15. The Applicant wi11 bag a(I solid animal waste and will contract with a sanitary waste collector for removal and disposal of animal waste on a weekly basis 16. The Applicant will obtain a state license for operation of a kennel before opening her Business. 17. Numerous residents of the surrounding area are opposed to the operation of a boarding kennel primarily because of the noise a~ociaied with barking dogs.. 18,. One Ioca[ resident is opposed to the operation of a boarding kenne! because of fears that water quality in local wells will be adversely affected.. 19, Two local residents are opposed to the operation of a boarding kennel because of safety concerns. DISCUSSION The Applicant's property is located within the Agricultural Zone established by the North Middleton Township Zoning Ordinance of 1997, Property located within the Agricultural Zone may be utilized for operation of a "kennel" as a special exception use pursuant to Section 204~14..C(5) of said ordinance.. A "kennel" is defined in the ordinance as fallows_ KENNEL -Any lot on which two or mare animals that are older than six months (except relating to a farm) are kept, boarded, raised, bred, treated or trained for a fee, including but not limited to dog or cat kennels. In Greaton Properties Inc , v Lower Merlon Township, 796 A.2d 1038 (Pa Cmwlth_ 2002), the court discussed the nature of a special exception and the burden of proof involved, stating as follaws~ A special exception is not an exception to a zoning ordinance, but rather a use, which is expressly pem~itted, absent a showing of a detrimental effect on ifie community. Manor Healthcare or . v. L r Moreland Townshi Zonin Mearin board. 139 Pa_ Cmwlth. 206, 590 A..2d 65 (1991).. The applicant for the proposed use has both the duty to present evidence and the burden of persuading the Board that the proposed use satisfies the objective requirements of the ordinance for th® grant of the special exception Once the applicant meets these burdens, a presumption arises that the use is consistent with the health, safety and general welfare of the community:. The burden then normally shifts to the objectors of the application to present evidence and persuade the Board that i;-~e proposed use will have a generally dettirr'ie~ ital effect. Where, as here, however, the ordinance specifically places the burden on the applicant to show that the proposed use will not have a detrimental effect, the applicant only retains the burden of persuasion. Objectors still retain the initial presentation burden with respect to the general matter of the detriment to health, safety and general welfare. The evidence presented by ab~ectors must show a high probability that the use will generate adverse impacts Hat normally generated by this type of use and that these impacts will pose a substantial threat to the health and safety of the community. Gr n Pro erties lnc. v_ Lower Merlon Townshi , su ra. at ~ 045-1046 Like the ordinance in the cited case, the North Middletown Township Zoning Ordinance places the burden on the Applicant to demonstrate comptiarice with both the specific and general requirements of the ordinance to qualify for a special exception. See Section 204-125. C. Therefore, the Applicant here has both the duty to present evidence and the burden of persuasion that she meets or will meet the specific requirements for a boarding kennel as set forth in Section 204-88.. She also has the burden of persuasion that she will meet the general requirements of Section 204-125.C(2).. The objecting neighbors have the initial presentation burden with respect to the general matter of the detriment to health, safety and general welfare. The testimony is clear that the Applicant has or will comply w'rEh alt of the specific requirements of Section 204-$8 The property is of sufficient size_ The boarding kennel itself is completely enclosed, and, therefore, it need not comply with the minimum 100 foot from property line requirement. The boarding kennel will not have outside pens or Hans attached which many kennels do_ The Applicant test'r{ied that the outdoor recreation area in which she will exercise the dogs will be fenced and will meet the 10Q foot requirement and that the dogs will be leashed when exercised,. Plans for collection and disposal of animal waste have been adequately explained. Compliance with all state requirements will be a specific condition of approval. The objections of the neighbors can best be summarized by that of William DeVliaii when he stated, "Barking dogs are not r~reicome," ~ ~e neighbors believe that the existence of a kennel will detract from the use and enjoyment of their properties because of the noise associated with dogs The objectors, however, must show a high probability that the use wilt generate adverse imparts not normally generated by this type of use." Greaton Properties tnc, v. Lower Merlon Township., supra,. at 1046. Essentially, however, their testimony bailed dawn to the fact that dogs bark and matte noise Noise from barking dogs is normally generated by a kennel.. The objectors have presented no evidence that the Applicant's kennel will generate any greater adverse impacts than what might be expected by this use. The Applicant has testified that she will do everything possible to keep the noise to an acceptable level. No outdoor pens or stalls wife be constructed. Except when being walked by an operator of the kennel, the dogs will remain inside.. The Applicant has indicated an intention of installing some sound insulation within the buiiding_ The Zoning Hearing Board, in approving a special exception, may attach conditions rt considers necessary to protect the public weffare,. Section 204-125 C(3}. Such a condition will be placed on the Applicant herein to further reduce the noise level. DEC_, ISION The Applicant's request far a special exception to operate a kennel in the ,~yricuttural Zone pursuant to Section 204-14.C(5) is granted subject to the following conditions- 1 The Applicant shall board a maximum of twenty (20) dogs and eighteen (1 S) cats.. 2_ The Applicant shall install additional sound insulation an the inside or outside of all exterior walls of the kennel buiiding. 3. The Applicant shad comply with all applicable federal, state and local laws, rules and regulations, to include, but not be limited to. all state laws, rules and regulations relating to the operation of an animal boarding kennel, NORTH MlD17LETON TOWNSHIP ZdNING NEARING BOARD Bye *_ ~ k..t..G~-. J~ Wolforrl I-Lerman, Chairman NOTICE: ANY PERSQN AGGRIEVEE3 BY THE DECISION QF THE ZONING HEARING 80ARD MAY APPEAL TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. THE APPEAL MUST BETAKEN WITHIN THIRTY ~3Q) DAYS FROM THE DATE OF THIS CECISION. EXHIBIT "B" ~^7~~ ~°'~ ~ Izrr~, ~~ r RECORDATION REQUESTED BY: James D. Hughes, Esquire 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717)249-6333 WHEN RECORDED MAIL TO: James D. Hughes, Esquire 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 TAX PARCEL NO. _ r .. ~, -~~, 1i~u~ JAN 16 Ali 3 10 SPACE ABOVE THIS LINE 1S FOR RECORDER'S USE ONLY THIS DEED, MADE THE ~'~aay of January in the year two thousand seven (200; ), BETWEEN NANITA A. BLACK, adnit individual, of the Commonwealth of Pennsylvania, hereinafter called Grantor, AND MEHDI T. ATAR AND JODI L. ATAR, husband and wife, of the Commonwealth of Pennsylvania, hereinafter called Grantees, WITNESSETH, that in consideration of the sum of Two Hundred Fifty Thousand and 00/100 ($250,000.00) Dollars, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantees, their heirs and assigns, as tenants by the entireties, ALL THOSE TWO (2) CERTAIN adjacent tracts of land situate in the Township of North Middleton, County of Cumberland and State of Pennsylvania, more particularly described as follows: ~'RACT NO. 1 BEGINNING at in iron pin in the center of the public road; thence by Tract NO. 2 hereinafter described, South 64 %z degrees West, twenty-five (25} perches to a post; thence by Tract No. 2 and lands now or late of Fred Orris, South 39 %s degrees East, thirteen and sixty- five one-hundredths (13.65} perches to a point; thence by lands now or late of John H. King, South 63 degrees West, forty-eight and three-tenths (4$.3) perches to a post; thence by lands now or late of W. P. Brown and James Anderson, North 30 '/. degrees West, twenty-nine and one-tenths (29.1) perches to a post; thence by lands now or late of the John Minnich Estate, ~0~ ~~$ P/~6i ~~~~ North 64 % degrees East, forty-five (45) perches to a stone; thence by lands now or late of Mrs. Stella Beitzel, South 39 '/~ degrees East, thirteen and five-tenths (13.5) perches to a post; thence by the same, North 64 %2 degrees East, twenty-five (25) perches to a stone in the center of the public road; thence by the center of said public road, South 39 %z degrees East, one and two-tenths (1.2) perches to the place of BEGINNING. TRACT N0.2 BEGINNING at an iron pin in the center of the Waggoner Gap Road; thence South by a private lane, 64 %s degrees West, twenty-five (25) perches to a post; thence by Tract No. 1 above described, South 39 % degrees East, six and ninety-five one-hundredths (6.95) perches to a post; thence by lands formerly of Cyrus Thwnma, now or late of Fred Orris, North 64 degrees East, twenty-five {25) perches to an imn pin in the center of the Waggoners Gap Road; thence by the center of said Road, North 39 %2 degrees West, six and ninety-five one- hundredths (6.95) perches to the place of BEGINNING. BEING the same premises conveyed by Robert P. Ziegler, Cumberland County Recorder of Deeds, on behalf of Davidson M. Black, pursuant to special Order of Court dated March 28, 2003 and Narita A. Black, by Deed dated April 22, 2003, and recorded May 8, 2003, in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 256, Page 4879, to Narita A. Black, Grantor herein. TRACT N0.3 ALL THAT CERTAIN lot and tract of land located in North Middleton Township as set forth on Plan of Lots for Velva V. Minich, dated June 2, 1970 and recorded in Plan 42, Page 70 in the Recorder of Deeds Office for Cumberland County, more particularly bounded and described as follows: BEGINNING at a point of lands now or formerly of David Baitsell and Davidson Black, South 63 degrees 06 minutes 30 seconds West 1104.99 feet to a point; thence along lands now or formerly of H. Weeks, North 33 degrees 00 minutes 19 seconds West 280.06 feet to a point; thence along lands now or formerly of Miller Landis, North 62 degrees 52 minutes 22 seconds East 548.27 feet to a point; thence between Lot No. 1 and Lot No. 2, North 62 degrees 52 minutes 26 seconds East 501.71 feet (erroneously referred to in previous deed as 507.61 feet) to a point; thence along the western right of way line along PA Route 74 thence by a curve to the left having a radius of 1950.08 feet, with a chord bearing South 32 degrees 00 minutes East having a chord length of 207.26 feet; thence continuing along PA Route 74 North 46 degrees 36 minutes 08 East 5.00 feet to a point; thence by a curve to the left having a radius of 1945.08 feet, with a chord bearing South 32 degrees 00 minutes East having a chord length of 76.38 feet; thence continuing along PA Route 74, North 44 degrees 21 minutes 08 seconds East 5.00 feet to a point; thence continuing along PA Route 74, thence by a curve to the left having a radius of 1940.08 feet, with a chord bearing South 32 degrees 00 minutes East having a chord length of 12.19 feet the place of BEGINNING. ~flOK ~8 P~fi.~.4 BEING the same premises conveyed by Robert P. Ziegler, Cumberland County Recorder of Deeds, on behalf of Davidson M. Black pursuant to special Order of Court dated March 28, 2003 and Narita A. Black, by Deed dated April 22, 2003, and recorded May 8, 2003, in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 256, Page 4882, to Narita A. Black, Grantor herein. UNDER AND SUBJECT to any existing covenants, easements, encroachments, conditions, restrictions, and agreements affecting the property, visible or of record. AND the said Grantor hereby covenants and agrees that she will warrant specially the property, hereby conveyed. ~oai 278 eac~~.515 IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year first above written. Signed, Sealed and Delivered in t/re presence of NANTFA LACK COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 99. On this, the ~~ day of January, 2007, before me, the undersigned officer, personally appeared NANITA A. BLACK, known to me {or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public ON ALTH OF P I+MI$ KRIi~E~ ~ ~~ ~ P CIIIM~~ ~ QwNb~i~ J~ ~oo~ 278 QA~Ei9is I do hereby certify that the recise residence and complete post offsce address of the within named Grantees is: t ~~ $w~ J7rj ~_ ~,t~~ sP~kss , t7a o'7 Date: ~~~~ l2, SALZ.M[A,NN HUGHES, P.C. 354 Alezaader Spring Road, Suite 1 Carlisle, PA 17015 Cwiberland Cauntr Recorder of Daeds IRStrua~t FiIin9 Retei~t# b42581 I Ce~ify this to be recorPe~d I ~ ~u~berland County ~~. ~`~-- ~ Recorder of Deeds IestrR 2007-001675 2/16/2007 x9:10:32 Raarks: PA REAL EST ATAR DEED DEED - IItIT aEED - ~ sraTE CARE.ISLE AREA FiQltTH MIDBLETOt! D®- A!H 1.C.S. ! A.T.1. CO I~IT Fl1D REC. I!8'A{DtT FUNK Cl~edcR IO7b Ct+eckR 1x77 CheckR 1078 Checlc3f 1.00 CA$N Total Received.....,. I3.5Q .5~0 25W.00 1250.00 1254.00 11.50 1.00 2.04 3.00 31290.00 3.5a 32x500.40 31,254.00 35040.50 aoo~ 278 t'acF1917 EXHIBIT "C" ._:, ._ _. PROTECTIVE COVENANTS, BUILDL~IG AND SPACE RESTRICTIONS KNOW ALL MEN BY THESE PRESENTS, that Velva V. Minich, owner of lapd situated in the Township of North Middleton, Cumberland County, Pennsylvania, shown on plan of lots prepared by Larry V. Neidlinger, RS, dated July 12, 1982, and recorded in the Office of the Recorder of Deeds. of Cumberland County, Pennsylvania, in Plan Book 42 ,page 70 , hereinafter referred to as Owner, does hereby establish the following protective covenants, restrictions, and reservations relating to the improvement and use of lots shown on said plan and does hereby covenant and agree that all lots conveyed by her, as shown on said plan are and shall be conveyed under and subject, nevertheless, to the following building and use restrictions, nc+t to be deemed binding on other land of the Owner, with which building and use restrictions the Grantees of said land, their heirs, successors anal assigns agree or are deemed to have agreed to comply. General Purpose of Conditions Real property described herein is subjected to the protective covenants, reserv~- tions, conditions, and restrictions hereby declared to insure the best use and the most appropriate development and improvement of each building site thereof; to ,, protect the owners of building sites against such improper use of surrounding building sites as will depreciate the value of their property; to preserve, as far as practicable, the natural beauty of said property.; to guard against the erection thereon of poorly designed or poorly proportioned structures, and structure built of improper or•unsuitable materials; to obtain harmonious color schemes; to insure the highest and best development of said property; to encourage and secure the erection of attractive homes thereon, with appropriate elevations and locations thereof on building sites; to prevent haphazard and inharmonious improvement of building sites; to secure and maintain proper setbacks from streets, and adequate free space between structures; and in general to provide adequately for high type and superior quality of improvement is esid property, and thereby to enhance the value of investments made by purchasers of building sites therein. Declaration These protective covenants, reservations and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them. If the owners or owner of a lot, or their heirs or assigns, shall violate or attempt to violate any of the protective covenants, reservations and restrictions herein net forth, it shall be lawful for any other person or persons owning any real property situated in said development or subdivision to prosecute any proceed- ings at iaw or in equity against the person or persona violating or attempting to violate any such protective covenants, restrictions and reservations, and either to prevent him or them from so doing or to recover damages or other dues for such . violation. i. Invalidation of any one of these protective covenants, reservations and reatric- tiona by judgment or court order shall in no wise affect;any;o~-tho other provi-. sions t+hich shall remain in full force and effect. ~ ~ ~cc;;t~r.~: ;~ BOOK ?.$O PAGE ~S 1 [~ 38 f+. ~ ~ 'N ~~ ~' ~; +1, ~. 'ii - ,- "PY a!: ~ Protective Covenants Restrictions and Reservations -'~., 1. Por residential purposes only. No business or commercial uses whatsoever except home occupations authorized .for zoned use shall be permitted on this tract of land. 2. Only one single-family residence and accessory buildings may be erected on this tract of land. Said residence, exclusive of garages sad accessory buildings, shall have no less than 1120 square foot, outside dimensions. 3. No trailer, mobile home, or similar structure may be located on this tract of lead temporarily or permanently, for any use whatsoever. 4. No basement, tent, shack, garage, barn or structure of a tem ors shall be erected oa this tract of lead and used as a residence eitherytemporarily or permanently. 5. No advertising or display sign shall be erected or maintained on this tract of lead other than the customary "For Rent" and "For Sale" signs when the same pertain to the premises on which they are located, or home occupation signs authorized by ordinance. 6. Nothing shall be done on this lot which may be or become as annoyance or nuisance to the neighborhood. ' ~ 7. No unlicensed vehicle shall be,pexmitted oa this lot at any t!~e unless the same is stored inside a building. 8. No.,_hogs, goats, sheep, or poultry shall be maintained oa subject tract. Also, no cattle shell be maintained on a tract of leas than five acres. -Horses and.. ponies shall be permitted at the rate of one horse or pony per acre. No more than ' two dogs shall be permitted and they must be housed at all times. 9. If the above building and use restrictions are at variance with the regulations and requirements of any governmental authority, the more restrictive of the two will apply, unless otherwise provided. IN WITNESS WHEREOF, I set my hand and seal this ,zQ~ day of September, 1982. WITNESS ~ `` i ~~w~ ~~a~ie~ `~~ , VELVA V. MINICH LS COl~10NWEALTH OF PENNSYLVANIA ~ i COUNTY OF CUMBERLAND SS ~ On this the .2 y'~ day of September, 1982, before me, a Notary Public,~the ':. ~. undersigned officer, persoDally~~apptit~ed tlBLVA V. MINICH known to me or satis- ~~ ,factory proven to be the;~~~sibri•wfios~,aama.fs subscribed to the within instrument, and acknowledged that stte~;exl,C~u~t+ed;'thEr~•ame .iFOr the purpose therein contained. ~~~S~ll'~~u~~Ct~adY had aad'$e~ thisZcl~day of September, 1982. 4 North Hanover Stc~eet ' -'+ •r Carlisle, Cumberland Cour~y ~:,, •?~ My Commisaioa Expires O¢tobetrJ~,1! ~ • ti ~ ~, „_., ~_ ~.. , ,.,; 800;( ~fj'() ^~ ~ J~r, ....... r„~ .~ --- ~-- '~ i. EXHIBIT "D" § 204-88. Kennels. Kennels, where permitted, are subject to the following criteria: A. Minimum lot area. Each site shall contain at least two acres. B. All animal boarding buildings that are not completely enclosed and any outdoor animal pens, stalls or runways shall be located within the rear yard and screened from adjoining properties and shall be a minimum of 100 feet from all property lines. C. All outdoor recreation areas shall be enclosed to prevent the escape of animals. All such enclosures shall be set back a minimum of 100 feet from alt property lines. D. The applicant shall furnish evidence of effective means of animal and veterinary waste collection and disposal which shall be continuously implemented. E. The applicant must demonstrate compliance with all state requirements. CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: North Middleton Township Zoning Hearing Board Township Building 2051 Spring Road Carlisle, PA 17013 Mehdi T. Atar Jodi L. Atar 1359 Swope Drive Boiling Springs, PA 17007 (owners of the property at issue) Date: June 7, 2007 IRWIN & McKNIGHT Douglas .Miller, Esquire Supreme ourt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 m 0 ti m .~ iv m O O O Q.. m 0 ~1 Postage $ Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmark Here Total Postage & Fees V"1 ~ o ~ ,) ~`- t Apt o.; J or PO Box No. o~Q„1!/--- =~i~f -=-'-'.~J- ~ - cnr, srere, z~P+~, !O/q ~ 70~ ar . c:.. ~ Cf -ri ~ v ~; <.~ _, -~ -~ - r r ,-.-~ _ ~ i , _ ;>> ( ~ `N - _. '~ , { ' ~ ~ ~_ t ~. - ~> ~_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Donald. G. Evans, Sandra L. Evans, Heidi E. Archdeacon, Christopher H. Archdeacon, Richard L. Corman, Jr., Gloria D. Corman, Rodger C. Diehl, Carolyn R. Diehl, William C. DeWalt, Nancy S. DeWalt, Fay M. Minich, Richard L. Bezer, Mary H. Wohler and Donald Wohler Vs. No. 2007-3395 CIVIL TERM Zoning Hearing Board of North Middleton Township WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) TO: Zoning Hearing Board of North Middleton Township We, being willing for certain reasons, to have certified a certain action between Donald G. Evans, Sandra L. Evans, Heidi E. Archdeacon, Christopher H. Archdeacon, Richard L. Corman, Jr., Gloria D. Corman, Rodger C. Diehl, Carolyn R. Diehl, William C. DeWalt, Nancy S. DeWalt, Fay M. Minich, Richard L. Bezer, Mary H. Wohler and Donald Wohler vs. Zoning Hearing Board of North Middleton Township pending before you, do command 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 Common 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 laws and Constitution of this Commonwealth. WITNESS, The Honorable Edgar B. Bayley our said Court, at Carlisle, PA., the 7th day of June 2007. ',!~ .~;. Curtis ng, Pr thono ~ '~ ~~ ~ Z 3 T w ~ ~ S o ~' ~° ~g ~~ ~1 ^ * ~ ~ ~ oL a., ~~°~33 r a~w~ v ~ s'~ p _ ,. ~ .« o ~, h ` `c a ~?~~ t7~ W ~ ~ y N 7 ~ ~~ ~ ~ ~ y ~ +~ ~ N O~ Q.~IV ~ ~ ~ C,{ j y,, ~ ~ aa~ a r t ~ N , ~ / ~~ J .g ~b l °' .. ~ n. ~ ~, N7 K ? _. Cp . ~ ~ ~~ ~ . m m~ W~ ~ ~ ~~`~ ~~~ ~ ~ ~ ~~ v `~' ~,;r~~~~ ~' a 0 ~~ N m ~ ~~ ~ ~~c ~ m a K ~h~i~~~r~ m ~ ~ ~ -~tnc~ y ~~ .s , ~~ ,~-~;-. o ~~~ a rQ ~ ~~.5 W ~ a ~ ~~ ~ ~ C~ ~ ~ ~n ~ ~ ~~r~ ~!,~ ~ r ~~'-~~t~?~Y L ., N ~ !2 q~s ~~:~~ ~; - ~~~~ 1F ~' .~ ~ ~ ~ ~, N ~ ?"''• y ~~ ~ ~.' ~4 ` O F`" +-s T t v C . F~ Q N ~ j ' m • ~ n. ~: i"~ Z7 4 (!? • 0 w z ~~ ~~ :.~: i +.~ z. ~s L"? r+ DONALD G. EVANS, SANDRA L. EVANS, HEIDI E. ARCHDEACON, CHRISTOPHER H. ARCHDEACON, RICHARD L. CORMAN, JR., GLORIA D. CORMAN, RODGER C. DIEHL, CAROLYN R. DIEHL, WILLIAM C. DeWALT, NANCY S. DeWALT, FAY M. MINICH, RICHARD L. BEZER, MARY H. WOHLER, and DONALD WOHLER, Appellants v. ZONING HEARING BOARD OF NORTH MIDDLETON TOWNSHIP, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-3395 CIVIL ACTION LAND USE APPEAL RETURN OF WRIT OF CERTIORARI AND NOW, comes the Appellee, the Zoning Hearing Board of North Middleton Township, by its Codes Enforcement Officer in and for the Township of North Middleton as custodian of the records of said Board, and returns herewith the Writ of Certiorari issued June 7, 2007, and submits herewith the following documents as the record of the proceeding held before said Board: 1. Copy of Zoning Hearing Application of Jodi L. Atar. 2. Copy of Proof of Publication from The Sentinel for the hearing held May 8, 2007. 3. Copy of map showing locations of posting of notice on the property of the applicant. 4. Copy of~ Decision dated May 8, 2007. 5. Copy of Board Minutes (draft) of May 8, 2007 6. The transcript of testimony of said hearing has been ordered and will be filed immediately upon receipt from the stenographer. ~,t Paul M. Fe ley Codes Enforcement Officer Township of North Middleton CERTIFICATE OF SERVICE I hereby certify that I have this date served the foregoing Return of Writ of Certiorari as filed this date with the Prothonotary of Cumberland County by sending a Copy thereof to the persons and in the manner set forth below: Service by first class mail to: Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Attorney for Appellants Jodi L. Atar 1359 Slope Drive Boiling Springs, PA 17007 ~....~..G ~ k? ~.~., Michael R. Rundle, Esquire Pa. I.D. No. 27768 Solicitor, Zoning Hearing Board of North Middleton Township 2051 Spring Road Carlisle, PA 17013 Date: ~ V~.~~.. ~ , 2007 X07 --03 NORTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA ZONING HEARING APPLICATION 1. I hereby apply for: (identify request and complete Ordinance Section) A. Variance Ordinance Section 1 `t B. Special Exception ~ Ordinance Section Z ~ ~-1-- C. Appeal from Zoning Officer, other Municipal body or official Ordinance Section D. Substantive Challenge: Validity of Map/Zoning Ordinance Ordinance Section 2. Applicant's Name Address- Phone No. 717) ,~ ~ ~, ~- APPLICANT MUST BE PRESENT AT TIlVIE OF HEARIl~G 3. Owner's Name Lr}~~~~ Address Phone No. 4. Applicant's Attorney Address 5. Location of Property Affected '3- 3 ~ ~ ~.~ c J.j,~,,~,~~ 6. Detailed Description of Use of Land: A. Zoning District ,~~t~- c~--~'~, ~:_~P B. Present Use /'~z~u~~--~-...~'r C. Proposed Use ~~~-~~~~ k%~-~--~ ~ ~ ~ `f~~ D. Expected Period of Time of Use ~~,~-~~ti--~ 7. Reason for Request: (Insert Attachment if Necessary-) G ~: v..4~v:~: 7 ~ t~.~,,, ) P' e 4G(.':rc ~~ ~ I" t ~ ~`" ~ l ' ":. /~c„t _ L't^ '~i S.~- ~ 1 lti h ~ , 8. All required additional information and exhibits in compliance with Section 204-125 Zoning Hearing Board's Functions of the North Middleton Township Zoning Ordinance. 9. Fees: A. Special use or Variance Request in; 1. Conservation District 2. Agricultural District +Q Agricultural Holding District 4. Suburban Residential District 5. Hi-Density Residential District Amount Due: $200.00 Fees: B. Special use or Variance Request in; 6. Neighborhood Commercial District 7. Highway Commercial District 8. Campus Industrial District 9. Industrial District 10. Scenic. River District Amount Due: $300.00 Fee of $ 2 O O ~ ° ° Received I certify the above information and submitted exhibits to be true, correct and complete. Any information I have failed to supply maybe grounds-for the Zoning Hearing Board to dismiss application. I or We agree the hearing by the Board on this application may be tape recorded rather than stenographically recorded. (Strike out if not agreed.) APPLICANT MUST BE PRESENT AT TIlv1E OF HEARING J ~ Township Officia f Z ~ Date ~ ~~ ~ ~ ~ Applicant -Owner -Agent '~ / 6 •~ ~ Date Filing requirements for the Zoning Hearing Board General criteria. Each applicant must demonstrate compliance with the following: _ - The proposed use shall be consistent with the purpose and intent of the _ Zoning Ordinance. - The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties. _ - The proposed use will not substantially change the character of the subject _ property's neighborhood. _ " - Adequate public facilities are available to serve the proposed use (e.g., school, fire; police and ambulance-protection, sewer, water and other utilities, vehicular access, etc.) - - For development within the =Floodplain Zone, that the application complies - with those requirements listed in,204-24 of this chapter. " - The-proposed use shall comply with those criteria specifically listed in other applicable regulations contained in this chapter. - The proposed use will not substantially impair the integrity of the: _ - township's Comprehensive Plana ~ - ' Special exceptions; as provided forJin this- chapter and subject to all applicable" requrements; including, but not limited to: - - Crround floor plans and elevations of proposed structures. " - Names and addresses of adjoining property. owners including properties directly across :a public right-of--way. - - A scaled drawing. (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable-provisions of this chapter. - A written description of the proposed use in sufficient.detail to demonstrate compliarice with all applicable provisions of this chapter. Variances requirements in addition to the required zoning permit information, but not linuted to: - - - - Cnound floor plans and elevations of existing and/or proposed structures. - Names and addresses of adjoining property owners including properties ' directly across a public right-of--way. ~ - - ~A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter. - A written description of the proposed use in sufficient detail to . demonstrate compliance with all applicable provisions of this chapter. - -- --- - -~ [11"lT1-I~II~ (1 ~ r~~-(~l ~!~ I~ i~ 'i~ ~~ ~_ ~ -J - ~ _ ~_~ ______ ___ r .m.®® .. F n. !^ ~' ~_ _ _~ _ I I ~~~ j j~ - _ -- ` ,~~ --- ~ i` j; ~s i I'_ i j i , _ -~'' i ' NEIGHBORS Fred B. Orris, III 2241 Waggoner's Gap Rd. Carlisle, PA 1701.3 Richard L. Corman, Jr. Carlisle, PA 17013 Steven D. & Jodi L. Squires 2281 Waggoner's Gap Rd. Carlisle, PA 17013 Dennis R. & Jobee L. Momson 2330 Waggoner's Gap Rd. Carlisle, PA 17013 Alan L. Ocker 121 Echo Rd. Carlisle, PA 17013 Henry M. & Ruby D. Weeks 211 Echo Rd. Carlisle, PA 17013 Carolyn R. Diehl Carlisle, PA 17013 Edwin V. Wickard Carlisle, PA 17013 n - D~ = D R 1 t~* r ~ n V3 N ~ v v~~ O c o°O ~ ~ ~ ~ ~ o m ~ ~~~C_Qh~~\, ~U ~ f' " f _ ,~Z~ VI ~ P ~ ~ ~ / i ~-{ ~• rA ~r ~ . .~ ~ pZ~~2 D f O ~ ~o _ "~ r t C ;~ ~ - i f T 1 , V D ~D (~ ~ y D~~ o ~ _~m O ~ ~ ~~Z r~* car w to l 1 ~ ~ ~„~ ~ a o 0 N o o a D n ~. ~. c-~ ~ a ~ o 0 ~'° ~ o ~~ , =° ~ m a ~ ~ o "'h' ~ - o V ~ ~ ~ ~ _ ~ ' ~ - _V ,... _ ~ OOf ~ (7 C V v ~ N (' ~ W V ll t V O 3 N I~ M O N V.O~~Z i ~v~' ~o - W 00 = A ~ °°p~ °~~.d~ ~ ~x ~ d~ d o ~, ~~~~~~ -oc~x~ ~ oo~yy ~ o~~ r ~A , 9~ J 3 ~o UO N N tp -C W N l J N G- won/ / wv -~ ~DD~ - L _ a r WZ~ I z ~Nb °° ~r • I ~s~ m t N t~ •• `' / ~ M d ~9d~~ cp _ ----~ Z~ _ _"~ ,'~ _ -' I. ~~ ~ - ~ ~-~+: ~' /! ~~i ///l g~: ~~S ~ s s~ _ _ c _ _ ~~~ ~_ ii n .~ I~ O rn 0 0 rn 0 ..~ cn~pz ~DZ~ ago _v ~ m -+ D r ~a '~ ~ / / o~ ~ ~_ A r p Os O O ,~a ,~a c i / ~ ,~a ~ o`' o'' ,~a . / ~ ~c o~ '~~ "~ \~a o'' ,~~'~ ~i i i U1 ~ C~J ~ D ~ C~ -~ z ~ ~ ~.~ ~p~ ~~. m~ - ~ ~ ~ ~ ~ ~ D ~ C~ PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising_Manager , of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Apri123, 30, 2007 COPY OF NOTICE OF PUBLICATION _,~ - - ,:. ~ North Middleton Tow~nshiP PUBLIC NO IOT E May 8, 2007 ' The NORTH MIDDLETON TOWNSHIP ZONING HEARING BOARD will meet onITUESDAY, May 8, .2007 at 7:00 P.M. at the Township MunicipaLBuilding located at 2051 Spring Road, Carlisle, PA 17013 to consider the following application: Applicatfon+~07-03 Jodi L. Atar, 2260 Waggoners Gap Road, also known as tax parcel #29-14-0877-003. Ms. Atar would like a Special Exception for a proposed Dog Boarding Kennel. A public hearing is requested so she may proceed withthisproject for the property located at 2260 Waggoners Gap Road. North Middleton Township's Zoning Ordinance Agricultural Zone (204-14 C-(5). LOOATION OF PROPERTY; 2260 Waggoners Gap Road, Carlisle, PA 17013 Ruben Lao Jr. Code Enforcement Officer North Middleton Township Persons requiring special accommodations may contact the Municipal Office at 243-8550. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. -~ J(,~r~ ) Sworn to and subscribed before me this 01st day of May 2007. i Notary I'ul~c My commission expires: ~ (j ~~~~ COMMONWEALTH of PENNSYt_VkiJI ~ Notarial Seal Cteistina L. ware, Notary Public Carlisle Boro, Currtbectarid county i„«p ()orrrnissiort Expires Sept ~. 2006 Member, r~nnsyivania Association Of Notaries ~, ~ N ,46'36'59" E 5.00 ' S ` N 44'22'00" E 5.00 ' 1 ' ~ ~ 1 N ~ 1 ~A ff++ C7 yy ~ __ ~•'~ r97~VW49 5 (~l 1 N\F ~ STEVEN D. do \ JODI L SQUIRES 252-.3888 ~ N\F RICHARD CORMAN. 230-563 ~n~ S; ti La ~~~ St~ o~ -~c-oD . ~q~¢.~ ~ oV~l F ' • ~~ r. ~~ ~ '~ ~ ~~ N 6230'40" E r -. __ . _. __ ~2 . 6 387.65 ' -N ~62 30'40" F 7 n ""- 390.95 ' ~ ~ 4 r, TRACT 2 N 1.09 A C. , ~ ~-- -~ - - ~ ~ . j -J ~ ~ BARN ~~ CRP~~ ' - __ ._ -- __' ~ ~~_ .__ ._ __ ~.1~ ` .. :_ { ~• N\F ' FRED 8. QRRIS III 271-488 tVE PLAN REPRESENTS ND BY A FlELD SURVEY ~RECT AS SHOWN. ~3 z •~, ~~ ~ ~ e J~1 PLAN 3HO11IIdG PItOPSRTY MEHDI T. & JODI L. ATAR 2260 1rAGGON~R'S GAP ROAD NORTH MIDDLETpN TOIPNSSII~ ~U~~RIAND COUNTY COMMONII'EALTH of PENDTSYLVANIA n ., NORTH MIDDLETON TOWNSHIP ZONING HEARING BOARD APPLICANT'S NAME: Jodi L. Atar APPLICANT'S ADDRESS: 1359 Swope Drive, Boiling Springs, Pennsylvania 17007 OWNERS' NAMES: Mehdi T. Atar and Jodi L. Atar, Husband and Wife OWNERS' ADDRESS: 1359 Swope Drive, Boiling Springs, Pennsylvania 17007 LOCATION OF PROPERTY: 2260 Waggoner's Gap Road, Carlisle, Pennsylvania CASE NO: 07-03 DATE OF APPLICATION: April 12, 2007 DATE OF HEARING: May 8, 2007 DATE OF DECISION: May 8, 2007 BOARD MEMBERS PRESENT: J. Wolford Herman, Chairman; James Hare SOLICITOR: Michael R. Rundle, Esquire FINDINGS OF FACT 1. The Applicant is Jodi L. Atar, who resides at 1359 Swope Drive, Boiling Springs, Pennsylvania. 2. The Applicant and her husband, Mehdi T. Atar, are the owners of property located at 2260 Waggoner's Gap Road, Carlisle, Pennsylvania. 3. Said property is approximately 16.57 acres and is located in the Agricultural Zone. 4. The property is currently improved with a residential dwelling and a barn. 5. The Applicant and her husband intend to reside at said property after the conclusion of improvements to the dwelling. 6. The Applicant desires to convert the existing barn to a kennel for the boarding of dogs and cats. 7. The Applicant has been employed at the Boiling Springs Animal Hospital for more than 10 years and has extensive experience in the care of dogs and cats. 8. The proposed hours of operation of the kennel are 8:00 a.m. to 5:00 p.m., Monday through Friday, and 8:00 a.m. to 12:00 noon on Saturday. 9. The kennel business will be operated primarily by the applicant and her sister, Beth Gillan, who also intends to reside at the property. 10. The existing barn is a two-story cinder block building. 11. The Applicant intends to board no more than 20 dogs and 18 cats at any one time. 12. Dogs will be boarded. in individual cubicles separated by four inch block walls and Plexiglas front walls. 13. The boarding. building will be completely enclosed with no outside animal pens, stalls or runways. 14. Dogs will be exercised while on leashes in an enclosed recreation area set back a minimum of 100 feet from any property line. 15. The Applicant will bag all solid animal waste and will contract with a sanitary waste collector for removal and disposal of animal waste on a weekly basis. 16. The Applicant will obtain a state license for operation of a kennel before opening her business. 17. Numerous residents of the surrounding area are opposed to the operation of a boarding kennel primarily because of the noise associated with barking dogs. 18. One local resident is opposed to the operation of a boarding kennel because of fears that water quality in local wells will be adversely affected. 19. Two local residents are opposed to the operation of a boarding kennel because of safety concerns. DISCUSSION The Applicant's property is located within the Agricultural Zone established by the North Middleton Township Zoning Ordinance of 1997. Property located within the Agricultural Zone may be utilized for operation of a "kennel" as a special exception use pursuant to Section 204-14.C(5) of said ordinance. A "kennel" is defined in the ordinance as follows: KENNEL -Any lot on which two or more animals that are older than six months (except relating to a farm) are kept, boarded, raised, bred, treated or trained for a fee, including but not limited to dog or cat kennels. In Greaton Properties, Inc., v. Lower Merion Township, 796 A.2d 1038 (Pa.Cmwlth. 2002), the court discussed the nature of a special exception and the burden of proof involved, stating as follows: A special exception is not an exception to a zoning ordinance, but rather a use, which is expressly permitted, absent a showing of a detrimental effect on the community. Manor Healthcare Corp. v. Lower Moreland Township Zoning Hearing Board, 139 Pa. Cmwlth. 206, 590 A.2d 65 (1991). The applicant for the proposed use has both the duty to present evidence and the burden of persuading the Board that the proposed use satisfies the objective requirements of the ordinance for the grant of the special exception. Once the applicant meets these burdens, a presumption arises that the use is consistent with the health, safety and general welfare of the community. The burden then normally shifts to the objectors of the application to present evidence and persuade the Board that the proposed use will have a generally detrimental effect. Where, as here, however, the ordinance specifically places the burden on the applicant to show that the proposed use will not have a detrimental effect, the applicant only retains the burden of persuasion. Objectors still retain the initial presentation burden with respect to the general matter of the detriment to health, safety and general welfare. The evidence presented by objectors must show a high probability that the use will generate adverse impacts not normally generated by this type of use and that these impacts will pose a substantial threat to the health and safety of the community. Greaton Properties, Inc. v. Lower Merion Township, supra. at 1045-1046. Like the ordinance in the cited case, the North Middletown Township Zoning Ordinance places the burden on the Applicant to demonstrate compliance with both the specific and general requirements of the ordinance to qualify for a special exception. See Section 204-125.C. Therefore, the Applicant here has both the duty to present evidence and the burden of persuasion that she meets or will meet the specific requirements for a boarding kennel as set forth in Section 204-88. She also has the burden of persuasion that she will meet the general requirements of Section 204-125.C(2). The objecting neighbors have the initial presentation burden with respect to the general matter of the detriment to health, safety and general welfare. The testimony is clear that the Applicant has or will comply with all of the specific requirements of Section 204-88. The property is of sufficient size. The boarding kennel itself is completely enclosed, and, therefore, it need not comply with the minimum 100 foot from property line requirement. The boarding kennel will not have outside pens or runs attached which many kennels do. The Applicant testified that the outdoor recreation area in which she will exercise the dogs will be fenced and will meet the 100 foot requirement and that the dogs will be leashed when exercised. Plans for collection and disposal of animal waste have been adequately explained. Compliance with all state requirements will be a specific condition of approval. The objections of the neighbors can best be summarized by that of William DeWalt when he stated, "Barking dogs are not welcome." The neighbors believe that the existence of a kennel will detract from the use and enjoyment of their properties because of the noise associated with dogs. The objectors, however, must show a "high probability that the use will generate adverse impacts not normally generated by this type of use." Greaton Properties, Inc. v. Lower Merion Township, supra. at 1046. Essentially, however, their testimony boiled down to the fact that dogs bark and make noise. Noise from barking dogs is normally generated by a kennel. The objectors have presented no evidence that the Applicant's kennel will generate any greater adverse impacts than what might be expected by this use. The Applicant has testified that she will do everything possible to keep the noise to an acceptable level. No outdoor pens or stalls will be constructed. Except when being walked by an operator of the kennel, the dogs will remain inside. The Applicant has indicated an intention of installing some sound insulation within the building. The Zoning Hearing Board, in approving a special exception, may attach conditions it considers necessary to protect the public welfare. Section 204-125.C(3). Such a condition will be placed on the Applicant herein to further reduce the noise level. nF~is~nN The Applicant's request for a special exception to operate a kennel in the Agricultural Zone pursuant to Section 204-14.C(5) is granted subject to the following conditions: 1. The Applicant shall board a maximum of twenty (20) dogs and eighteen (18) cats. 2. The Applicant shall install additional sound insulation on the inside or outside of all exterior walls of the kennel building. 3. The Applicant shall comply with all applicable federal, state and local laws, rules and regulations, to include, but not be limited to, all state laws, rules and regulations relating to the operation of an animal boarding kennel. NORTH MIDDLETON TOWNSHIP ZONING HEARING BOARD ~~ 1 1 ~ ~ E J. Wolford Herman, Chairman NOTICE: ANY PERSON AGGRIEVED BY THE DECISION OF THE ZONING HEARING BOARD MAY APPEAL TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. THE APPEAL MUST BE TAKEN WITHIN THIRTY (30) DAYS FROM THE DATE OF THIS DECISION. DC3GIQ4 North !~liddlet©n To~rrr~shlp Zo~i~g l~earing ~aard Township Building 2051 Spring Road Carlisle, PA 17013 Minutes of .the Zoning fearing Board Tuesday, .May 8, 2Q07 The meeting was held at the North Middleton Township Building on Spring Road, in Carlisle; PA. Aftendance Board. Members-J. Wolford Herman (Chairman), James Hare (Vice-Chairman), and Henry Weeks (Secretary) Solicitor-Michael Rundle Codes Enforcement Officer-Paul Fegley Assistant Codes Enforcement Officer-Ruben Lao Reporter-Amy Fritz Carolyn Diehl=50 Diehl Drive, Carlisle, PA Jobee Morrison-2330 Waggoners Gap Road, Carlisle, PA Dennis Morrison-2330 Waggoners Gap Road, Carlisle, PA Rodger Diehl-50 Diehl Drive, Carlisle, PA Richard Corman-2271 Waggoners GaP Road, Carlisle, PA Gloria Corman-2271 Waggoners Gap Road, Carlisle, PA Fay Minich-41 Pleasant HaII Road, Carlisle, PA Evelyn Kelley-2581 Waggoners Gap Road, Carlisle, PA Fred B. Orris III-2241 Waggoners Gap Road, Carlisle, PA Mary H: Wohler-70 Easy Road, Carlisle, PA Donald Wohler-70 Easy Road, Carlisle, PA Lee Handshew-2181 Waggoners Gap Road, Carlisle, PA Dorothy Handshew-2181 Waggoners Gap Raad, Carlisle, PA Jackie Shade-580 North Middleton Road, Carlisle, PA Ryan Shade-580 North Middleton Road, Carlisle, PA William Steele-200 North Middleton Road, Carlisle, PA Alan D. Ocker-121 Echo Road, Carlisle, PA Jim Hibbs-Madden Engineering Anthony Potter-11;4 North Second Street, Harrisburg, PA Becky Gillan-1359 Swope Drive, Boiling Springs, PA Jodi Atar-1359 Swope Drive, Boiling Springs, PA Jvsepi i Atar -1359 Sv/ope Drive, Bviii~ig Springs, PA Mehdi Atar-1359 Swope Drive, Boiling Springs, PA John Buchenauer-60 Pine Hill Road, Carlisle, PA Ruby Lutz-234 Sand Court, Ephrata, PA Kara Schmidt-3871 Elizabethown Road, Manheim, PA William C. DeWalt-51 Echo Road, Carlisle, PA Kristin Wilson-5355 Carlisle Road, Dover, PA Stan Morrison-1100 Longs Gap Road, Carlisle, PA Chris Archdeacon-2281 Waggoners Gap Road, Carlisle, PA Sandy Evans-811 Creek Road, Carlisle, PA Don Evans-811 Creek Road, Carlisle, PA Minutes otthe NMFZening Nearing Naard, Tuesdai', ~~~ ~, 2QN7 ~~' r ~y 1/Villiam Kronenberg-605 Devonshire Drive; Carlisle; PA Robert Noll-100 Chester Street. Carlisle. PA Call to Order Prior to the start of the meeting, -Henry Weeks announced that he would be recusing himself from the Jodi Atar matter. Chairman Herman called the meeting to order at 7:00 p.m. He stated that the order of the hearings would be changed due to Mr. Weeks recusing himself from the Atar hearing. Mr. Herman asked Mr. Fegley to lead the Pledge of Allegiance. At this point Mr. Fegley introduced the members of the Zoning Hearing Board to Ruben Lao, who is the new Assistant Codes Enforcement Officer. Mr. Fegley noted that Mr. Lao would be representing the Codes Department beginning with the next meeting. Mr. Fegley pointed out that Mr. Lao is here as an observer of the process tonight. Mr. Fegley asked that any questions for the Codes Department be directed to himself for this meeting.. Minutes from Tuesday, March 13, 2007 Henry Weeks moved to adopt the minutes from the Tuesday, March 13, 2007 Zoning Hearing Board meeting as written and drafted. James Hare seconded the motion. Henry Weeks and James Hare voted in favor of the motion, and it carried. Minutes from Wednesday, September 6, .2006 Mr. Herman pointed out that he was the only Board member who was present at that meeting. Mr. Rundle suggested to Mr. Herman that he approve the minutes himself. Mr. Herman approved the~minutes for the Wednesday, September 6, 2006 Zoning Hearing Board meeting as presented. #07-04 Oakwood Custom Homes, Setback Variance Mr. Herman asked Mr. Hare to read the Application. Mr. Hare read the contents of the Application as follows Oakwood Custom Homes would like a Variance from side and front yard setbacks as required 6y the Agricultural Holding Zone, Section 204-75 of the North Middleton Township Code.' The property is located at 588 North Middleton Road, Carlisle, PA, and is also known as parcel number 29-05-0427-107. Oakwood Gusto„r Ho,res would like to build asingle-family a'eiacheo' uwelling on a currently vacant lot. Anthony Potter came forward to represent the Applicant. At this point Solicitor Rundle gave a brief explanation of how the hearings will be conducted. Mr. Rundle asked Mr. Potter if he was representing Oakwood Custom Homes. Mr. Potter stated that he is council to Oakwood Custom Homes, but that the head ofi the sales department was also present. He noted that she could be a witness if the Board wished to have -her sworn in. For his opening argument, Mr. Potter stated that this is a preexisting lot that had been used as a single- family mobile home. He said that the mobile home has been removed and that the lot is a nonconforming lot which does not meet the minimum lot area and the minimum lot width of the Agricultural District. Mr. Potter stated that the lot also does not meet the front setbacks, side setbacks; or rear setbacks that are in existence N6ir~~t:es ~f >~e ~tNET Zoning F~~arEn~ hoard, ~li~esda]t, Iday B, ~~~I 2 in Table 3. He noted that this is the reason for the request for a variance, and that he would be happy to call Ms. Kara Schmidt who is the head of sales for Oakwood. Mr. Potter asked Ms. Schmidt to come forward. Kara Schmidt came forward and was sworn in. She identified herself as Kara Schmidt and stated that she is currently the head of sales for Oakwood Custom Homes. Mr. Potter showed Ms. Schmidt a document that was marked as Exhibit A. He asked her if she could identify this document as the current valid Agreement of Sale for the purchase of Lot 588. Ms. Schmidt stated, "Yes, it is." Mr. Potter asked to approach. He handed out copies of his exhibit. Mr. Rundle asked Mr. Potter to mark his exhibits as A-1, A-2, etc., with the "A" being for "Applicant." Mr. Potter asked the court reporter to mark this exhibit as A-1. He asked Ms. Schmidt if this is the Agreement of Sale for the parcel that is known as 588 North Middleton Road. Ms. Schmidt indicated that this was correcf. Mr. Potter asked if the purchaser on the sales agreement is Oakwood Custom Homes. Ms. Schmidt stated, "Yes." Mr. Rundle asked Ms. Schmidt who the seller is. Ms. Schmidt testified that the seller is an estate, which would be Albert and Arlene Salisbury. She stated that their daughter is acting as the seller. She gave the name of their daughter as Shirley Inman. Mr. Rundle asked who the legal owner of the property actually is now. Ms. Schmidt replied that the legal owner is still Albert and Arlene Salisbury. Mr. Rundle asked if they are both now deceased. Ms. Schmidt answered, "Right, it is an estate." Mr. Potter now showed Ms. Schmidt a document which he had labeled as A-2. He asked Ms. Schmidt to identify A-2. Ms. Schmidt testified that A-2 is a site drawing which shows what the Applicant is proposing and hopes to do with the site. Mr. Potter asked Ms. Schmidt if it was correct that A-2 shows the proposed side setbacks, rear setbacks, and front setbacks. Ms. Schmidt replied, "Correct." Mr. Potter asked Ms. Schmidt if it was her understanding that this lot as it is currently situated does not meet the one-acre minimum requirement. Ms. Schmidt replied, 'That is correct." Mr._Potter asked Ms. Schmidt if it was her understanding that this property was subdivided prior to the adoption of the North Middleton Township Ordinance. Ms. Schmidt replied, "Yes, as far as we know, that's correct." Mr. Potter referred to A-2. He asked Ms. Schmidt what the proposed front setback is, Ms. Schmidt replied that this is 40 feet. Mr. Potter asked what the proposed side setback is on the left side of the building. At this point Mr. Rundle asked Mr. Potter to have the exhibit marked with a north arrow so that directions can be identified. Mr. Potter agreed. Mr. Rundle asked Ms. Schmidt to describe what direction_ "north" is. Ms. Schmidt stated that north would be toward North Middleton Road, or toward the bottom of the drawing. Mr. Rundle asked if the property itself sits on the south side of North Middleton Road. Ms. Schmidt indicated that this was correct. Mr. Potter asked Nls. Schmidt to provide the proposed rear setback. Ms. Schmidt testified that this is 27 feet. Mr. Potter asked for the setback on the right or west side.-Ms. Schmidt gave this as 30 feet. Mr: Rundle asked about the setback on the east side. Ms. Schmidt stated that this would be 121 feet. Mr. Potter referred to the house that Oakwood is proposing for construction on the lot. He asked if this will be a stick-built house, meaning that it will be a custom-built house. Ms. Schmidt answered, "Correct." Mr. Potter asked if it was correct that it will be a "modest bi-level" at 26 feet by 40 feet. Again, Ms. Schmidt answered, "Correct." M_r. Potter indicated that he had nothing further, and that he or Ms. Schmidt would be happy to answer any questions. _ Mr. Rundle referred to ~. 2, and noted that ;t Seemed fn inr~li~atc an oxiSting pa~~a~l arga fpr a ~jri~ialnray, I-la asked if this was correct. Ms. Schmidt stated, "Correct, there is a driveway in place now." IVIr. Rundle asked if the Applicant will be doing anything to that_driveway. Ms. Schmidt testified that Oakwood is planning to use that driveway the way it is, and that it may be cut down a little bit. Mr. Rundle asked Ms. Schmidt if she has been to the site. Ms. Schmidt replied that she has. Mr. Rundle asked what is located to the immediate west of this lot. Ms. Schmidt testified that there is asingle-family detached home on that property. Mr. Rundle asked Ms. Schmidt if she could estimate what the front setback is on that single-family detached home. Ms. Schmidt noted that this lot may be a little bit deeper and that it is difr"icult to estimate. She guessed that it may be 60 feet. Mr. Rundle asked if she believes that it also is less than the current zoning requirement. Ms. Schmidt answered, "Yes." Mr. Rundle asked Ms. Schmidt if she knew the owner of that particular property. Iv}s. Schmidt replied, "I do not know them." NEdt>;~t~~4 ~~ ~~ NIVET ~tEI6E~~ E~e~ct~~ Baard, F[tesd~i-, Ed42Y >~, ~~QI 3 f~~r. Rundle asked what is located to the south of the property. Ibis. Schmidt testir"ied that it is a large parcel of wooded land and that there is no home directly behind the property being discussed. She added that she is not sure what all is on that property. Mr. Rundle asked what is located on the adjoining lot to the east. f~4s. Schmidt stated that this is another very large parcel with a driveway that may go to a mobile home park. She added that it is wooded to the immediate east of the property. Mr. Rundle asked Ms. Schmidt to describe the topography of the lot. She testified that it is "fairly level,." She stated that it does rise up a little bit from the road and that it levels out, and then there is a small rise in the very back as it joins the property to the rear. IVir. Rundle noted that a 27-foot rear yard setback is being indicated. He referred to A-2, which he said appears to be a scale drawing, and noted that there appears to be some distance between the rear of the proposed deck to the setback line. He asked why 27 feet is needed. Ms. Schmidt testified that that much may not be needed, and that they were just trying to make sure enough room was being left. She stated, "We just wanted to be overly cautious so that we didn't cut it too close." Mr. Rundle asked Ms. Schmidt if she knew what would be needed to fit the proposed footprint .of the house and deck.. Ms. Schmidt testified that 27 feet was the closest that they could estimate with that back corner of the lot off of these site drawings. At this point Mr. Potter stated that he did not believe A-2 to be a scale drawing. Mr. Rundle pointed out a note on A-2 which says "Scale: 1"=20'." He said that this lead him to believe that it is a scale drawing. Ms. Schmidt testified that they did try to get it as close to scale as possible with a ruler and a pencil. Mr. Potter stated that it is not an overlaid survey with the house plotted. Mr. Rundle referred to the ownership and noted that two names were given as the names of the estate. He said that unless they died simultaneously, the property is actually in the estate of one person. He asked if it was known who this is. Ms. Schmidt testified that she wasn't sure. She stated that the seller who is handling it is the daughter. She again gave her name as Shirley Inman. Ms. Schmidt noted that she did not know which of the two parents last had ownership of the property. Mr. Weeks asked if Ms. Inman was present. It was noted that she was not present. Mr. Rundle referred to opening remarks Mr. Potter had made regarding a mobile home that had been on the property. Ms. Schmidt acknowledged that this was correct. Mr. Rundle asked when this home was removed from the property. Ms. Schmidf testified that this was in January of 2006, and that it was just over a year ago. Mr. Rundle asked Ms. Schmidt if she knew where it was located. Ms. Schmidt stated, "Yes, we tried to actually keep. our home on the same general footprint where the mobile was." She testified that there is a concrete pad remaining on the lot and that this pad was measured to for the purpose of coming up with the guidelines for the setbacks. Mr. Rundle asked Ms. Schmidt if she knows whether the proposed location of the house encroaches more than, the same as, or less than the prior mobile home. Ms. Schmidt stated, "It would really be basically the same." She said that they had measured it right up to the concrete pad and tried to match those fairly closely. Ms. Schmidt added, "It's pretty much in the same spot that the mobile originally sat." Mr. Rundle asked if it was correct that the mobile was not a 26-foot by 40-foot mobile home. Ms. Schmidt indicated that she believed it was asingle-wide, and would have been more narrow. Mr. Rundle referred to the front setback. He asked Ms. Schmidt if she felt that the home will be put at about the same location back from North Middleton Road as the mobile home. Ms. Schmidt replied, "Right, to the best that we could estimate." Mr. Rundle asked if it was correct that the proposed home will be deeper from North Middleton Road than the mobile home was. Ms. Schmidt answered, "Right." Mr. Rundle asked if there will be more of an encroachment on the rear setback. Again, Ms. Schmidt answered, "Right." tJlr. Rundle referred to the 30-foot side yard setback on the west. He asked if the house is going to be closer to, the same as, or farther from that boundary. Ms. Schmidt stated, "Again, .^re tried to match it up; se it should be the same." Mr. Rundle asked Ms. Schmidt if she believed that the only greater encroachment is the rear yard encroachment. Ms. Schmidt replied, "Right." Mr. Rundle asked for ahy questions from Board members. Mr. Hare asked what the use is of the property to the south side. Ms. Schmidt stated, "E don't know." She said that only a small portion of it can be seen from the property and that it is wooded. She referred to an aerial photograph she had with her and noted that it is difi"icult to tell, but that it appears to be raw land. Mr. Hare asked rf there are no homes visible from the south side. Ms. Schmidt indicated that this was correct. Mr. Hare asked about the property to the east side. Ms. Schmidt testified again that not much is visible. She said she N~[tt~tles o~ 1~F1e 6~k~T ior~ing Ef~~E'E~9 ~Qard, F[>i~s~~l-, ~~Y H, ~~4[l 4 J ti believed that it is a mobile home park and that it is a little farther away. She noted that There is a Tong driveway that may go back to an industrial property. Mr. Hare asked Ms. Schmidt to estimate how far away the mobile home park is. Ms. Schmidt stated that, "It's. pretty far." She estimated that it may be 200 feet away. Mr. Hare referred to the property line to the east. He asked if this is the property line of the mobile home park. Ms. Schmidt replied, "I believe so, yes." Mr. Hare asked what is located to the north, besides the road. Ms. Schmidt stated that across the street there are a few residential properties and some raw land. She noted that toward the west there are some homes and thaf further toward the east there is a residential property. Mr. Hare asked her if she could describe the lots on that side of the road with homes on them. He asked if they were conforming or nonconforming. Ms. Schmidt testified that she would say that they are nonconforming and that the front setbacks are probably not deep enough either. She stated that the main property. across the street that is closest would be nonconforming and that one of the properties is not developed. Mr. Herman asked if the property across the street is all wooded. Ms. Schmidt testified that there is a portion that is all wooded, and that a little further down to the west there is a residential property. Mr. Weeks referred to the proposed 40-foot setback. He asked from what marker this is. Ms. Schmidt replied that this was taken from the property line. Mr. Weeks noted that the T~awnship wil( indicate that setbacks are taken from a specific point. He said that this will have to be clarified. Mr. Weeks referred to several vertical dashed lines which he said he assumed to be showing setbacks. Ms. Schmidt replied, "Right." Mr. Weeks referred fo the dashed line right to the east of the house. He asked what the length of the distance is from the road edge to the back of the property line. He noted that 136.88 feet is being shown as the length of the western boundary line. Ms. Schmidt gave this as about 109 feet. Mr. Herman referred to the provided figures and pointed out tha# the total comes to 103. Mr. Potter went through the numbers as 40 feet for the front setback, and 6 fleet for the stoop. It was noted that the error was using 40 feet for the width, instead of 26 feet. Mr. Potter then indicated that 10 feet was. used for the deck. Mr. Hare noted that this total comes to 109 feet. Mr. Weeks asked where the well and septic is on the property. Ms. Schmidt testified that the well is located to the rear of the proposed 26-foot by 40-foot home. Mr. Weeks asked that the well and septic system be marked on one of the exhibits. Mr: Rundle suggested that this be done on A-2. He asked that a "W" be used to indicate the well and an "S" for the septic system. Mr. Weeks asked that the lateral be drawn for the drain field. Mr. Potter suggested using a "D" for the drain field and an arrow showing the direction of the drain field. Ms. Schmidt complied with the request. Mr. Rundle referred to the notations on A-2 and noted that the well appears to be located immediately south of the proposed 10-foot by 10-foot deck. Mr. Herman asked if this is at the bottom of the terrace where there appears to be a definite embankment. Ms. Schmidt stated, "Yes, it's at the bottom." Mr. Rundle noted that the septic system- appears to be located immediately to the east of the house itself, with the drain field flowing to the east. Ms. Schmidt replied, "Correct." Mr. Weeks referred to the small rise that had been indicated in back of the existing footprint of the previous trailer. He asked for the distance from the southern edge of the footprint of the trailer back to where the uphill slope begins. Ms. Schmidt stated that she did not have an exact measurement. Mr. Weeks asked her if there is a plan fo excavate. Ms. Schmidt answered, "No." Mr. Weeks indicated that the Township may speak to whether or not there is a distance issue. He said that this suggests that the proposed 10-foot by 10-foot deck might be right up against the embankment. Mr. Weeks asked if this is correct. Ms. Schmidt stated that it should not.get that close. Mr. Weeks asked Ms. Schmidt to estimate the distance from the southern edge of the deck to the slope of the hill. Nis. Schmidt testified that this may be 10-15 feet. ivir. 'Weeks asked if there is any drain file proposed at the bottom of that slope. Ms. Schmidt answered, "I'm not sure." Mr. Weeks asked if them is a proposal to excavate a ce!!ar for this property. Ms. Schmidt stated, "No, it will be on slab." Mr. Weeks referred fo the water runoff coming from the hill. He asked if this runoff will be in any way endangering this property. Ms. Schmidt replied, "No." Mr. Weeks referred to the slope of the topography of the lot to the east. He asked if it runs uphill or downhill. Ms. Schmidt replied, "That would run slightly downhill." Mr. Weeks asked Ms. Schmidt if there is a creek between the property she represents and the trailer park. Ms. Schmidt answered, "Not that I'm aware of." Mr. Weeks asked Ms. Schmidt if there are any wetlands that she is aware of. Again, Ms. Schmidt replied, "Not that I'm aware of." Mr. Weeks asked Ms. Schmidt if this property has suffered any wetland erosion or damage. Ms. Schmidt stated, "Not that I'm aware of." Mr. Weeks asked which direction the drainage will go after building. He pointed out that it is known that it can't go south. Ms. Schmidf stated that it will probably ~~EtEl1~S Qf t6te ~~F FQ~~n~ ~e~~~~~ ~aara, F~eSd~~', ~~F ~, 2~~7 5 • ,, fio~~°,~ east. Mr. 1-Meeks asked if any basins are planned. Ms. Schmidt said s7e wasn'i sure: and that it hasn't been taken that r"ar yet. Mr. 1Neeks referred to the paved driveway. He asked if it will be paved if it can't be used and has to be redone. Ms. Schmidt stated that she wasn't sure this will be necessary, and that normally the intent is to try to replace what's been there. Mr. Weeks asked if there will be a culvert under that adjacent to the intersection with North Middleton Road. Ms. Schmidt indicated that there isn't one there now. She stated, "No, probably not." Mr. Weeks asked if the Applicant would be willing to comply if the Township required such for stormwater management and drainage. Ms. Schmidt replied, "Of course." Mr. Weeks asked why this property was not proposed more to the east to center it on the lot. Ms. Schmidt testified that this is because of the existing septic and drain field. Mr. Weeks asked if they are existing. Ms. Schmidt testified that they are. Mr. Weeks asked if the septic has been inspected. Ms. Schmidt testified that the septic has been inspected. Mr. Weeks asked if the well has been tested. Ms. Schmidt stated that the well has not been tested yet. Mr. Weeks asked if this would be honored if it were to be a condition. Ms. Schmidt replied, "Sure." Mr. Weeks indicated that he had no other questions. . Mr. Herman asked Ms. Schmidt if she knew the size of the septic. Ms. Schmidt testified that the septic is a 440 gallon tank, and as such a second tank will-have to be added or the tank will have to be replaced to meet size requirements. She noted that the drain field did pass inspection. Mr. Herman asked if it is drain lines rather a seepage bed out of the septic. Ms. Schmidt testified that she did believe it to be a drain line. She stated that she did -not yet have the full report from the septic company that did the inspection. Mr. Rundle asked Mr. Potter if he had a copy of the deed to the property..Mr. Potter slated that the copy he had was not very good. He provided this copy to Mr. Rundle. Mr. Rundle asked that the deed be copied and marked as Applicant's Exhibit A-3. Mr. Rundle referred to the 40-foot setback, and asked what the 40 feet is measured tb. He asked what the northernmost point of the 40 feet is. Ms. Schmidt testified that it was the berm at the end of the property where it meets the street. Mr. Rundle asked Ms. Schmidt if it was correct that she has no idea where it falls with respect to the right-of-way of the road. Ms. Schmidt replied, "1 don't, I just meant right at the end of the street where it met the property." Mr. Rundle asked Ms. Schmidt if it was correct that she has no idea how it relates to the centerline of the road. Ms. Schmidt indicated that this was correct. Mr. Herman stated that for the benefit of the other Board member, he is aware of this property. He noted that there is a deep gully on the east side. He asked Ms. Schmidt if this is on the Applicant's property, or just off it. He also described the embankment in the back as being very steep and being at least 8 feet high with an existing grade.. Ms. Schmidt testified that she was not sure about the gully on the east, and that she was ndt`sure if it is on the property or not. Mr. Rundle asked Mr. Potter if he had any redirect for his witness. Mr. Potter indicated that he did not. Mr. Rundle asked if any member of the public had a question for the witness. Ryan Shade came forward. He gave his address as 580 North Middleton Road. He asked Ms. Schmidt if anything will be done with the driveway on the property since some of the driveway is on his property. At this point Mr. Potter said that he was going to object to the relevance of this question with respect to this particular zoning hearing. He stated that it ~n.~as his ! understanding that the existing driveway is going to be left in place. Mr. Rundle pointed out that if there is an encroachment issue, he believed that the Chair would overrule the objection and allow the question to be answered. Mr. Rundle asked Ms. Schmidt to answer. Ms. Schmidt staled that the Applicant had just surveyed the property and had just realized that a portion of the driveway does cross over that line. She said that she did not see why the Applicant couldn't have this removed to take care of that encroachment. Mr. Rundle asked for any other questions. William Steele came forward, He gave his address as 590-720 North Middleton Road. Mr. Steele asked Ms. Schmidt if anything will be done with the water runoff. Ms. Schmidt replied that she wasn't sure that she was the best person to answer. She stated that the Applicant will definitely handle it however it is required to make sure that there isn't an issue. Mr. Steele asked about the runoff from the septic system if bigger lateral NEf~~t~S ~f Fhb R[VE~' ~on~[€~ t~e~Ci~t~ ~l~~rd, Y~~S~a]t, ~~~ ~, ~EE<~7 6 lines have to be installed with the bigger septic system. Ms. Schmidt stated that it was her understanding that nothing needs to be changed from the drain field. She said that no laterals will be extended and that it would just be a matter of enlarging the tank itself to hold solids. Ms. Schmidt further stated that the drain field itself had passed inspection and that the septic company had said that nothing needs to be changed with the drain field. Mr. Rundle asked if any other member of the public had a question. No other members of the public came forward. At this point Mr. Rundle called Mr. Fegley. The witness was sworn in and identified himself as Paul M.' Fegley, of the North Middleton Township Codes Office. Mr. Rundle asked Mr. Fegley what the legal right-of- way is for North Middleton Road. Mr. Fegley testified that it is 33 feet. Mr. Rundle asked Mr. Fegley if he was familiar with the property. Mr. Fegley replied that he is familiar with the location of the property and some of the topography. Mr. Rundle asked Mr. Fegley if he knew what the width of the macadam is of North Middleton Road at that point. Mr. Fegley testified that he did not, but gave his best guess at 24 feet, shoulder to shoulder, not including the berm. Mr. Weeks asked if the setback in the Township is from the edge of the cartway. Mr. Fegley testified that the setback is measured from the edge of the right-of-way of the cartpath. He explained that this is determined by the right-of-way total. He said if someone was on North Middleton Road and facing this property, from the centerline of the road toward the property, it would be 16 and 1/2 feet, plus the required setback would equal the minimum setback for that lot in the Agricultural Holding, or any zone in the Township. Mr. Rundle asked Mr. Fegley what the front yard setback is in the Agricultural Holding Zone. Mr. Fegley referred to Table 3, where it says "uses fronting on North Middleton Road or Wagner Drive." He stated that the front setback is 75 feet, which would be measured from the road right-of- way. He explained that you would take 16 and 1/2 feet; add that to the 75 feet, and that would be the distance from~the minimum setback line to the center of the road. Mr. Rundle noted that there are side yard setbacks being requested. He asked Mr. Fegley to explaih the zoning requirements for side yard setbacks in the Agricultural Holding. Mr. Fegley explained that in the Agricultural Holding, the one side yard setback is 235 feet, and the other mathematically works out to 10 feet. He noted that one side is required to be 235 feet, with both in combination coming to 245 feet. Mr. Rundle asked if it was correct that this lot, at 200 feet in width cannot possibly comply with that. Mr. Fegley replied; "That is correct." Mr. Rundle asked Mr. Fegley what the rear yard setback is in the Agricultural.Holding. Mr. Fegley testified that it is 35 feet. He explained that this is measured from the property line, and running parallel with it. Mr. Rundle referred to what is being shown on A-2. Mr. Fegley stated that the Applicant is requesting an 8-foot variance to the rear. Mr. Rundle asked for questions from Board members. Mr. Weeks asked what the requested variance is for the front yard. Mr. Fegley said that he would have to do the math and that it is not known exactly where they are coming from. Mr. Fegley referred to the dimension that was given, and he asked Ms. Schmidt if this was to the gravel shoulder or to the edge of the tar where it meets the shoulder. Ms. Schmidt replied, "To the edge of the tar." Mr. Fegley noted that he had been at the property to post it. He stated that the shoulder is 3 to 4 feet, and that the edge of the right-of-way is probably pretty close to the outer berm of the gravel shoulder. He stated that from there yet it would be another 75 feet AAr Feg{ey IndlCa±ed t!-~af the ~iarianra hair~g req~aStgri is arp~nri '2~1 fBet, Mr. Rundle asked to have the numbers gone over again. He asked Mr. Fegley if he was saying that the macadam roadway right now is approximately 24 feet in width. Mr. Fegley answered that this would be his best guess. Mr. Rundle asked if it was correct that going from the centerline of the road south toward the property there is 12 feet of macadam. Mr. Fegley replied that this would be correct, approximately. Mr. Rundle asked if they are measuring from the edge of the macadam 40 feet back, the total distance is 52 feet where the house would sit r"rom the centerline. Mr. Fegley replied, "That would be correct." He pointed out thaf they are all guesses. Mr. Hare asked if this is to the edge of the stoop, and not to the house. i~r. Rundle noted that technically the stoop is part of the house. [~EaEtEE~eS ~~ 1~~ ElNEF ~~EEEEt~ ~~aE'[~q 6aald, ~EF~Sd~lr, I~~Y ~, 2Q~1 ~, Mr. Rundle asked Mr. Potter if he had any questions for IJ~r. Fegley. !~1r. Potter had no questions f~~lr. Herman asked Mr. Fegley if that septic tank is adequate for this house. Mr. Fegley replied that this is determined by the Sewer Enforcement Officer, and is gauged on the number of bedrooms. He staffed that prior to the issuance of any kind of Building Permit; a blueprint would be used to determine the number of bedrooms, and that this would be compared to what is known for the existing tank. Mr. Fegley explained that it is not uncommon for tanks to be undersized when there is an upgrade or a bedroom addition. He stated that the Applicant would come in and get a Repair Permit, and then the existing tank is removed and replaced with one of size. Mr. Fegley stated that he has not yet had a field or a line that needed to be removed. He mentioned that Ms. Schmidt was correct when she said that the tank is used to collect solids. Mr. Weeks asked Mr. Fegley if he has been aware at any time of any seepage or waste water from the septic system coming to the surface. Mr. Fegley testified that he was not aware of any malfunctions on the property. He noted that there is a mandatory maintenance schedule, which is currently at 4-year intervals. He said he wasn't certain that this property has been checked recently. He noted that it has been abandoned for some time, and that the last report he was aware of was that it was functional. He added that the last inspection was done by Vince Elbel, the Township Sewer Enforcement Officer. Mr. Weeks referred to the rise at the back of the property. He asked Mr. Fegley to estimate how close this will be to the property as a proposed 26 by 40 dwelling, given the setback adjustments that are being talked about. Mr. Fegley testified that mathematically he believed that the answer of 8-12 feet from the corner of the deck to the toe of the slope was correct. Mr. Fegley added that it is by no means a small slope back there. He noted, "It's a pretty good rise." Mr. Weeks asked Mr. Fegley if anyone has sought permission to excavate that hill face. Mr. Fegley said that he was not aware of any Earthmoving Zoning Permit being issued. He noted that there has been some earthmoving there to get the old mobile out and to renovate the place. He noted that it has been in some disrepair. Mr. Weeks asked Mr. Fegley if the slope as described to the east is a gradual slope, in his estimation. Mr. Fegley replied that it runs relatively flat, and that it does toe to the easterly direction. He stated that there is a relatively steep drop off to the side of that. Mr. Rundle asked Mr. Fegley if there is any culvert that he was aware of. Mr. Fegley said there may be one there, but the one he is certain of is further east where there is a creek that runs in a north/south direction. Mr. Fegley added, 'There may be one there, I don't recall." Mr. Fegley commented at this point. The following is a summary of his statement: So that we all understand, this particular zone is really ticklish. It ends right on North Middleton Road. The south side of North Middleton Road is the Agricultural Holding District, with the setbacks being 235 feet and 10 feet. The question was asked, are the lots on the other side of the road compliant, and the answer was that they are believed to not be, or something to that effect. The fact of the matter is that the other side of the -road is Agricultural, period. If`s a whole different world over on that side. So those homes that sit closer to the road are most likely compliant. They do set, whai 1 believe to be, the setback plus 35 feet, give or take. That's the reason you see them tight on the north side of North Middleton Road, and why the Applicant is being pinched on the south side, because thaYs where the zone is. Just prior to Mr. Fegley's statement, Mr. Weeks had asked if the Township had taken a position on this matter. At this point Mr. Fegley introduced a letter dated May 7, 2007 that was produced by the Board of Supervisors and for.^.arded to ±he Codes department. Mr. Fegley read the letter as fol!o~~~s: • 'Regarding the Oakwood Custom Homes Zoning Hearing Application, the North Middleton Township Board of Supervisors held their workshop meeting on Thursday, April the 26th, 2007. At this meeting the Board discussed the Zoning Application submitted by Oakwood Custom Homes for a setback variance to build a house on the North Middleton Road. After reviewing the Application, the Board of Supervisors supports the variance requesf." Mr. Weeks asked if the hearing was advertised .and properly posted. Mr. Fegley testified that it had been properly posted and advertised. Mr. Rundle asked for any further questions from Board members. None were offered. Mr. Rundle asked if any member of the public had a question for Mr. Fegley. No member of the N~i~~tes o~ tEtev ~~T ~o~ir~~ ~ea~ir€~ ~~ard, ~~es~a~, ~~Y ~, ~Q~I 8 w~ public came forvrard. Mr. Rundle asked Mr. Pctter if he had any further testimony to present. IV~r. Potter indicated that he had no further testimony to present. Mr. Rundle asked Mr. Potter if he wished to move for the admission of Applicant's A-1 through ,4-3. Mr. Potter stated that he moved for the admission of the exhibits. Mr. Rundle suggested to Mr. Herman that the exhibits be admitted. Mr. Herman agreed. Mr. Rundle asked if any member of the public wished to offer testimony. No member of the public came forward. The record was closed on this matter at 7:58 p.m. There was some brief discussion. Decision #07-04' Oakwood Custom Homes, Setback Variance James Hare moved that the variance request be_approved as is, with a setback of 35 and 1/2 feet from the right-of--way of the road, providing that the existing paved area is altered to correct fhe encroachment issue, and also providing that the Applicant comply with all of the requirements of the Township, as well as all other applicable Federal, State, and local laws, rules, and regulations. J. Wofford Herman seconded fhe motion. James Hare and J. Wolford Herman vofed in favor of the motion. ffenry Weeks voted in opposition. The motion carried. Mr. Herman reminded the Applicant that the public has a period of 30 days in which to file an appeal, and that any work done prior to the end of that 30-day period will be done by the Applicant at their own risk. #Q7-Q5 Shaffer Park Associates Variance/Special Exception Mr. Herman asked Mr. Weeks to read the Application. Mr. Weeks read the Application as follows: Shaffer Park Associates would like a Variance and a Special Exception under Ordinance Sections 204-61(F) and 204-20. C(4). The property is located at 400 West Suncrest Drive and is also known as Lot #11 of the Shaffer Business Park. The Applicant would like to install a Car Wash Business on this property. The expected use is continuous. The zoning dr'strict is Highway Commercial. The present use is a vacant lot. The amount of $300 was accepted along with the Application by Paul Feeley on April 18, 2007. Attached are a list of neighboring properties and what looks to be a 204-61 "Car Wash"handout. Also attached is a rather detailed map by Madden Engineering Services, with a scale of 1 "=20`. James Hibbs and William Kronenberg came forward to represent this matter. Mr. Rundle asked who would be presenting testimoriy. Mr. Hibbs indicated that he would be. The witness was sworn in and identified himself as James Hibbs. He testified that he is a professional engineer with Madden Engineering. Mr. Rundle asked Mr. Hibbs what relationship Madden Engineering has fo this particular application. Mr. Hibbs testified that Madden Engineering has prepared the Special Exception and Variance Application and is preparing a Land Development Plan for this site. Mr. Rundle referred to the Special Exception Exhibit Proposed Site Improvements Plan for Shaffer Park Car Wash that had been submitted with the Application. Mr..Rundle asked Mr. H{bbs ;f he ~,`{ll be test{fy{ng concer n{ng that particular exh{b{t this even{ng. Mr. Hibbs rn~rnliari "Yac sir." Mr. Ruhdle marked the exhibit as Applicant's A-1. Mr. Rundle asked Mr. Hibbs who the legal owner of the property is. Mr. Hibbs testified that he believed the owners to still be Shaffer Park Associates. Mr. Rundle then referred to the Special Exception Request. He asked Mr. Hibbs to explain the request. Mr. Hibbs explained that the property is located in the Highway Commercial district, and the proposed use, which is a car wash, is a Special Exception use in that district. Mr. Rundle indicated that he wished to discuss the requirements of the Zoning Ordinance with respect to a car wash. He_noted that these requirements are located in Section 204-61 of the Ordinance. Mr. Rundle stated that the first requirement is that public sewer and public water facilities shall be utilized, and gray water recycling is encouraged. Mr. Rundle asked Mr. Hibbs what the Applicant is proposing. Mr. Hibbs testified that public water and sewer are being proposed, and that the Land Development Plan being prepared does propose gray water recycling for the site. Ntit~~t<~s ~f the i~~T Z~~it~g H~ari~g ~aar~, T~esda~[, Nia1r ~, ~~~7 9 t ~, Mr. P.undle asked what type of car wash this will be, as in vrh~ther it ~,~aill be automatic cr self-service. Mr. Hibbs stated that it will be mostly self-service. At 'this point Mr. Hibbs suggested that the other witness respond to that question. Ivlr. Rundle asked Mr. Hibbs if all structures housing washing apparatuses will be set back 100 feet from any street right-of-~vay lines. Mr. Hibbs replied; "Yes they will be." Mr. Rundle asked ir' said structures will be located at least 50 feet from the rear property line. Mr. Hibbs answered, "Yes; the closest will be 132 feet." Mr. Rundle asked if the structures will be set back at least 20 feet from the side property line. Mr. Hibbs stated, "Yes, we will have 20 feet on the west side and 50 feet on the east." Mr. Rundle asked Mr. Hibbs to describe what provisions will be made for trash receptacles. Mr. Hibbs stated that there is a dumpster pad located at the northwest corner. He said he believed that trash receptacles will be supplied, although these .are not depicted on A-1. He added that the working plan for cleaning up litter and debris will be presented at the Land Development approval process. Mr. Rundle asked if the Applicant will comply with the requirement that these receptacles be routinely emptied to prevent the scattering of litter. Mr. Hibbs again stated that a working plan for this cleanup would be presented at the Land Development phase. Mr. Rundle asked Mr. Hibbs if he could explain what an arterial or collector road is. Mr. Hibbs replied that he wasn't sure of the exact definition. He said he believes it provides through traffic to an area, and co-lects and distributes traffic from an aggregate area to pass through. Mr. Rundle asked if it was correct that this property sits on West Suncrest Drive, which is a cul-de-sac. Mr. Hibbs testified that this was correct. He stated that West Suncrest Drive does join with Cavalry Road, which is a collector road. He noted that the property is 315 feet from this collector. Mr. Rundle pointed out that the requirement is that the property front on the arterial or collector ro_ ad, and that this is the variance being requested. Mr. Hibbs indicated that this was correct. Mr. Rundle asked what the Applicant will be doing with respect to collection and disposal of greases and waste. Mr. Hibbs testified that the Land Development Plah, in addition to the gray water recycling, includes an oil and water separator detail, which will have to be maintained by the operator. Mr. Rundle asked who would like to explain why the variance is necessary. Mr. Hibbs responded to this. He stated that the property does not front on an arterial or collector, and that a variance of this requirement is being requested. Mr. Rundle asked Mr. Hibbs to explain why he believes the Applicant is entitled to it. Mr. Hibbs testified that the site is only 315 feet from an arterial collector, and that it is located within a business park setting. He said he doesn't feel that it will be encroaching or infringing upon any residences and that, "We feel that a 315-foot variance for this requirement would not be a stretch." Mr. Rundle asked Mr. Hibbs if he had any more factual testimony he wished to provide. Mr. Hibbs had none at this fiime. Mr. Rundle asked for any questions from the Board. Mr. Weeks asked what the existing building is to the east. Mr. Hibbs stated that there is a pizza shop restaurant to the east. Mr. Weeks asked if there is any screening being proposed between the Applicant's lot and any of the adjacent neighbors. Mr. Hibbs testified that no screening is being proposed. Mr. Nape noted that the building to the east is a "mini shopping center" with a vacant business on the end, a Chinese restaurant, then a pizza place before the building turns the corner. Mr. Hibbs indicated that this was correct. Mr. Herman had no questions at this point. Mr. Rundle asked Mr. Hibbs if he could comment on the proposed hours of operation. Mr. Hibbs stated that he was not-aware of those. Mr. Hare asked about lighting, and if there will be night lighting oh this property. Mr. Hibbs indicated that he believed he did have a fighting sheet for That. Mr. Hare asked if the intended operation is 24-hours a day. Mr. Hibbs said that he was not .able to answer that for sure. Mr. Rundle asked if any member of the public had a question for this witness. No member of the public came forward. - - Mr. Rundle called the next witness. The witness was sworn in and identified himself as Bill Kronenberg of 605 Devonshire Drive, "Carlisle. Mr. .Rundle asked Mr. Kronenberg what his relationship is to Shaffer Park Associates. Mr. Kronenberg testified that he is a partner in Shaffer Park Associates. Mr. Rundle asked if this is a general partnership. Mr. Kronenberg indicated that it is. Mr. Rundle asked if the Shaffer Park Associates general partnership owns this proposed development. Mr. Kronenberg replied, "Yes, we do." Mr. Rundle asked if the partnership owns all of the lots that have not yet been sold. Mr. Kronenberg replied, "Correct." l~in~tes ~~ tie AMY P~~~~~ ~Eeari~€~ ~~ard, T~~s~~ll, ~~y irk, ~~~I 10 ~ ti i~~r. Rundle asked if this includes the iot upon which Shaffer Park Associates wishes to place this car v,~ash. IVir. Kronenberg stated; "Correct." Mr. Rundle asked Mr. Kronenberg if he could describe the proposed hours of operation. Mr. Kronenberg testified that it will be open 24 hours a day and 7 days a week. Mr. Rundle asked Mr. Kronenberg to comment on the lighting. Mr. Kronenberg stated that the lighting will be contained in the building only during the evening. He also said that there will be two posts in the front and two in the back for night lighting. Mr. Rundle asked if any of the lighting will be projected off of the property. Mr. Kronenberg answered, "No, none." Mr. Rundle asked Mr. Kronenberg if he could comment on the proposed plans for the prevention of the scattering of litter. Mr. Kronenberg testified that there will be two dumpsters in the back left corner enclosed in a wire cage. He stated that he believed there will be six vacuum cleaners and that each one of those will have a trash receptacle beside it. Mr. Rundle asked if there will be six vacuum cleaners dr three vacuum cleaners. Mr. Kronenberg stated that there are three vacuum cleaners proposed right now. He also testified that each individual bay will also have a trash receptacle. Mr. Rundle asked what the plan will be for emptying the various receptacles. Mr. Kronenberg stated, "Daily; every receptacle." Mr. Rundle asked if there will be an employee on the property during the hours of operation. Mr. Kronenberg testified that there will be an employee there approximately 8 hours a day, and that these hours will be approximately 10-6. Mr. Rundle asked what type of car washes these will be. Mr. Kronenberg testified that there is one automatic bay, four hand-bays, and two pet-bays on the end. He explained that the small bays on the east end are for washing dogs or cats. Mr. Rundle asked if it was correct that there will be no full-service car wash. Mr. Kronenberg testified that there will be no car washes where an individual will be helping. Mr. Rundle asked for any questions from Board members. Mr. Hare referred to the south side across West Suncrest Drive where some grading is being done. Mr. Kronenberg testified that this is where E&G Electric is .building an electrical store. Mr. Hare asked if this will be a retail electrical store. Mr. Kronenberg said that he believed it will be retail/wholesale, with more wholesale than retail He added that he doesn't believe they are going to have a retail store. Mr. Rundle asked if this business will be operated by Shaffer Park Associates, or if the iot will be sold to another entity to operate. Mr. Kronenberg testified that it will be sold to an outside entity. He explained that it will be the same gentleman who operates the car wash on Trindle Road. Mr. Hare said he believed that car wash to be the Holly Car Wash. Mr. Kronenberg noted that Mr. Hare was correct. He stated that this car wash will be called "Holly Supreme:" Mr. Herman asked if it will be owned, and not a lease agreement. Mr. Kronenberg replied that this is correct, and that they will buy the lot. _ Mr. Herman referred to the two self-service bays with the notations indicating "future automatic bays." He asked if it was correct that one of them is going to be automatic now with the other automatic possibly being installed in the future. Mr. Kronenberg testified that this was correct. Mr. Herman asked if the proposed lighting will be adequate for the vacuum cleaner area. Mr. Kronenberg stated that it would be, and it will be the same as the lighting at the car wash on Trindle Road. Mr. Herman asked if the lighting will infringe on the public areas. Mr. Kronenberg testified that it will not. Mr. Herman had no further questions. Mr. Hare asked about the traffic pattern of cars entering to be washed and then leaving. Mr. Kronenberg explained that the cars will enter from the rear ahd exit out the front. Mr. Hare asked if there is the possibility of a problem with cars stacking out onto Suncrest Drive. l~r. Kronenberg replied that the only stacking will be on the back, or north side. Mr. Rundle asked if any member of the public had a question for either witness. No member of the public came forward. Mr. Rundle called Mr. Fegley. Mr. Fegley was sworn in and identified himself as Paul M. Fegley, of the North Middleton Township Codes Office. Mr. Rundle asked Mr. Fegley to define what an arterial or collector road is. Mr. Fegley testified that there are three classifications, with one being local, and also arterial and collector. He explained that it deals with flow patterns getting from a local road to a collector road. Mr. Rundle asked if Minates ot<t~~ t~NETZQ~[[>~ EEear[~9 Ba~rd,'f~esdaY, N~aY 8, ~~~7 - 11 ~ ~ it would be fair to say that West Suncrest Drive is neither a collector road or an areral read. ,At this aoint fJr. Fegley looked up this information. He testified that under u`,is book; West Suncrest Drive would be considered a local road. 1~1r. Rundle asked Mr. Fegley if he ~~n~ould say that \Nest Suncrest is not an arterial or collector road. Mr. Fegley replied; "That would be correct." He again looked up this information to verity it. PJ~r. Fegley stated; ''I would say it is not an arterial or collector road." Mr. Rundle asked Mr. Fegley if the Township has a position on the two requests made by this applicant. Mr. Fegley referred to a letter from the Baard of Supervisors to the Codes Department. He read the letter as follows: • "The North Middleton Towhship Board of Supervisors held their workshop meeting on Thursday, Apri126th, 2007. At this meeting the Board discussed the Zoning Application submitted by Shaffer Business Park to build a car wash in the Park. After reviewing the Application, the Board of Supervisors supports the variance request." Mr. Rundle asked for any questions from Board members. Mr. Hare asked what the road would be defined as. Mr. Fegley stated that he believed that this would fall under the classification of "local" raad. Mr. Fegley pointed out that this information can be found in Section 180-33 (Streets) in the Subdivision and Land Development Ordinance. Mr. Rundle asked Nlr. Kronenberg if he had any questions of Mr. Fegley. Mr. Kronenberg had no questions. Mr. Rundle asked if any member of the public had a question for Mr. Fegley. No member of the public came forward. At this point Mr. Fegley referred to the E&G Electrical Services project. He pointed out that it is primarily a storage facility with an office space to the front. He noted that there will be some very minor retail, but that it is more of a showroom and office in the front. Nfr. Fegley also noted that this project was approved by the Board of Supervisors. Mr. Herman asked what specific variances are being requested. Mr. Rundle explained that the Variance being requested is a variance to Section 204-61.F, which states that the subject property shall front on an arterial or collector road. Mr. Rundle pointed out that West Suncrest drive is neither, and that this is the reason for the variance request. He further explained that the Special Exception request is to locate a car wash in this particular zone. Mr. Rundle noted that a car wash is a permitted use as a Special Exception if the Board feels that the Applicant has met all of the requirements of Section 204-61. He added that the Board has to grant the Variance for the Applicant to meet the requirements of 204-61. Mr. Rundle asked if any member of the public wished to offer testimony. No member of the public came forward. Mr. Rundle asked that the record be closed. Mr. Herman closed the record on this matter at 8:36 P-m~ Decision #07-05 Shaffer Park Associates, Variance/Special Exception James Kare moved to grant Shaffer Park Associates a Variance and Special Exception as requested, with the standard boilerpfate language that the Applicant must comply with all other applicable Federal, State, and local laws, rules, and regulations. Henry Weeks seconded the motion. Chairman Herman called for a vote. James Kare and Henry Weeks voted in favor of the motion, and it carried. A five-minute break was taken at this time. The meeting resumed at 8:41 p.m. #07-D3 Jodi L. Atar, .Special Exception ~l[~a~es ~~ ~l~e l~~F ~~~l~t~ EEea~i~~ t~~ard, ~~~s~a~, 6~~Y ~, ~~~~ 12 ~ 4 Reccrding Secretor y's note: As he had previously stated; Mr. Weeks recused himselr" from this hearing. He was not present at this time. Nlr. Rundle read the Application as follows This is the Application of Jodi L. Atar, whose address is 7359 Swope Drive, Boiling Springs. The location of the property we are dealing with this evening is 2260 Waggoners Gap Road, Carlisle. The owners of the property are Jodi L. Atar and her husband Mehdi T. Atar. The property is located in the Agricultural district. The present use is agricultural. The proposed use is to place a boarding kennel. The fee of X200 has been paid and received. Ms. Atar came forward. She was sworn in and gave her name as Jodi Lee Atar. She gave her current address as 1359 Swope Drive, Boiling Springs. Mr. Rundle asked Ms. Atar if she is one of the owners of the property located at 2260 Waggoners Gap Road, Carlisle. Ms. Atar replied, 'Yes." Mr. Rundle asked Ms. Atar if her husband Mehdi T. Atar is a joint owner with her. Again, Ms. Atar answered, "Yes." Mr. Rundle asked what year the property was acquired. Ms. Atar testified that this was in 2007. Mr. Rundle referred to a plan submitted with the Application that shows the property at 2260 Waggoners Gap Road, which was prepared by Act One Consultants, Inc. Ms. Atar indicated that this was correct. Mr. Rundle labeled this plan as Applicant's Exhibit A-1. He explained that for the ease of operations he would generally refer to the top of the page as being north. Mr. Rundle asked if it was correct that the property at 2260 Waggoners Gap is Tract #1 on the property. Ms. Atar stated, "Yes." Mr. Rundle asked if the notation indicating that Tract #1 is 8.53 acres was correct. Again, Ms. Atar answered, "Yes." Mr. Rundle asked if any buildings are physically located on that property now. Ms. Atar stated, "No." She then asked to see the diagram and asked if Mr. Rundle was asking about the back piece labeled Tract 1. Mr. Rundle indicated that this was correct. At this point.Ms. Atar testified that there is a 'partial building on the back piece of property." Mr. Rundle asked what kind of building this is. Ms. Atar testifed that the building they are doing is a preexisting. building. Mr. Rundle asked if Ms. Atar was saying that the plan is to locate the kennel in a building that is presently on the property. Ms. Atar testified that this was correct. Mr. Rundle asked if there is more construction that has to take place on the building itself. He referred to her comment about it being a partial building. Ms. Atar testified that the building needs to be refurbished. Mr: Rundle referred to the access to the property from Waggoners Gap/Route 74. He noted that~there appears to be a 30-foot access drive from Waggoners Gap Road to the rear of the parcel. He asked if he was correct. Ms. Atar stated, "To that front parcel." Mr: Rundle asked to clear up something. He asked if Ms. Atar was talking about what is called Tract 2. Ms. Atar said that this was correct. Mr. Rundle asked Ms. Atar if she owns Tract 1 and Tract 2. Ms. Atar replied, "Yes." Mr. Rundle asked if although these are two separate tracts of land, there are improvements on Tract 2. Ms. Atar answered, "Yes." Mr. Rundle asked if Tract 2 fronts on Waggoners Gap Road. Ms. Atar indicated that this was correct. Mr. Rundle asked if there is a two- storyframe dwelling on Tract 2. Ms. Atar replied, "Yes." Mr. Rundle asked if this is the property with the address of 2260 Waggoners Gap Road. Again, Ms. Afar testified that this was correct. Mr. Rundle noted that there appears to be a barn on the property to the rear of the two-story frame dwelling. Ms. Atar indicated that this was correct. Mr. Rundle asked what building the kennel will actually be located in. Ms. Atar testified that the kennel will be in the barn. Mr. Rundle asked if this wili be the only iocation of the kennel. Ms. Atar replied, "Yes. Mr. Rundle asked if Tract 1 will be utilized at all in the operation of the kennnrl ~,ns. Atar stated "Not at this time " Mr. Rundle asked if it may he in the future. Ms. Atar replied, "Maybe in the future." Mr. Rundle referred to his earlier comment that Tract 1 had 8.53 acres. He asked if this was only the one parcel, and that Tract 2 is 1.09 acres. Ms. Atai• indicated that this was correct. Mr. Rundle asked Ms. Atar if in total she owns 9.62 acres. Ms. Atar stated, "And the north tract; Tract 3." She referred to the 6.95 acre tract. Mr. Rundle asked if Tract 3 is part of Tract 1 or if it is a separate tract on what appears to be the deed of Deed Book 256, page 4882. Ms. Atar testified that it is a separate tract. Mr. Rundle noted that the language "Tract 3" is not seen on the exhibit at all. He asked if Ms. Atar was saying that it was Tract 3 on the deed. Again, Ms. Atar testified that this was correct. Mr. Rundle asked Ms. Atar if it was correct that she and her husband really own over 16 acres. Ms. Atar replied, "Yes." t~dnu~~s of ~[~~ t~IVfTP~tt~~t~ E~ear[t>E~ ~~ar€f, ~uesdai-, ~~Y ~, ~~~7 13 ~ ~ I~ir. Rundle referred to a 3-page document that was submitted with the Application. He noted that the frst page appears to be the front view of what Ms. Atar will be calling "Waggoners Gap Pet Motel." Ms. Atar stated, "Yes." Mr. Rundle noted that the second page appears to show an interior schematic. He asked which floor this is. Ms. Atar'testified that it is the first floor. Mr. Rundle then referred to the third page. He asked what is depicted in this interior schematic. Ms. Atar stated that it is a rough plan of what the second floor is going to look like. Mr. Rundle asked Ms. Atar what her business plan is. Ms. Atar testified that her business plan is to have indoor dog and cat boarding, with a maximum of 20 dogs and 18 cats. Mr. Rundle asked what the hours of operation will be. Ms. Atar replied that it will be 8-5 Monday through Friday, 8-12 on Saturday, and closed on Sunday. Mr. Rundle asked if anyone will be residing in the two-story frame home. Ms. Atar replied, "Yes, we will." She said that it is being refurbished right now. Mr. Rundle asked who actually will be working in the business. Ms. Atar answered, "Myself and my sister." Mr. Rundle asked Ms. Atar if her sister will be living on the property. Ms. Atar replied, "Yes." Mr. Rundle asked if there will be no outdoor runs for any of the animals. Ms. Atar replied, "N.o." Mr. Rundle asked if there will be any outdoor exercise areas. Ms. Afar testified that one of the options will be to have the dogs walked on a harness. She also stated that one of the discussions was to have an enclosed play area at the back of the building. She briefly described the enclosure thaf will be around this area. Ms. Atar then indicated that the upstairs -may become a play room also. Mr. Rundle referred to the acreage requirements for a kennel. He asked Ms. Atar if she was treating the entire' property, or at least Tract 1 and Tract 2 as being used in the operation of the kennel. Ms. Atar replied, "Potentially, yes." She also stated, "Not every inch of it." Mr. Rundle pointed out that kennels have a minimum lot requirement of 2 acres under the Ordinance. He noted that Tract #2 is less than 2 acres, and is orily 1.09 acres. He explained to Ms. Atar that she will need to .use a portion of the back property in the operation of the business. He asked her if she intends to do that. Ms. Atar replied, "Yes." Mr. Rundle noted that there is a requirement in the Ordinance that says all animal boarding buildings that are not completely enclosed, and any outdoor animal pens, stalls, or runways shall be located within the rear yard and screened from adjoining properties, and be a minimum of 100 feet from all property lines. He asked to break this apart. Mr. Rundle asked if there will only be the one building used for the kennel. Ms. Atar replied, "Yes." Mr. Rundle asked if that building will be totally enclosed. Ms. Atar stated, "Yes." Mr. Rundle asked if there will be any outdoor pens, stalls, or runways. MS. Atar answered, "Norie." Mr. Rundle noted that the Ordinance says that all outdoor recreation areas shall be enclosed to prevent the escape of animals. He asked if there will be any outdoor recreation areas for the animals. Ms. Atar responded, "Yes." Mr. Rundle asked where these will be located. Ms. Atar testified that they will be located at the rear of Tract 2. Mr. Rundle asked if it will be enclosed. Ms. Atar indicated that it will be fenced. Mr. Rundle asked Ms. Atar to describe the fence being proposed. Ms. Atar stated that it will be fenced and that it will have a "fabric around it" so that it is shielded. She said that it will have a "guard fencing" on the top of the fence that will be "angled in." Mr. Rundle indicated that he wished to clarify a problem that Ms. Atar may have. He referred to Tract 2 and noted that it is 115. 96 feet at the rear of the lot. He explained that the Ordinance requires these outdoor recreation areas be set back a minimum of 100 feet from a property line. Mr. Rundle said that if the recreation area were to. be located on Tract 2, it would be impossible to make it 100 feet from an adjoining property line, because if is only 115 feet ,vide. He asked Ms. Atar if she :^~ou!d be able to put the outdoor recreation area farther to the rear onto Tract 1 such that it would sit at leas# 100 feet from an adjoining property line. Ms. Atar replied, "Yes." Mr. Rundle asked Ms. Atar what plans she has for animal waste. Ms. Atar testified that she had contacted York Waste Disposal, and that they will provide a two square yard dumpster which will be removed weekly. She noted that this will be for stool pickup. Mr. Rundle asked where this will be located. Ms. Atar stated that it will be placed to the rear of the kennel. Mr. Rundle asked if these waste dumpsters are totally enclosed to prevent odor. Ms. Atar responded, "They'll be bagged from inside the kennel and then taken to this dumpster." Mr. Rundle asked if the waste will be bagged. Ms. Atar indicated that this was correct. Mr. Rundle asked if any veterinary services will be provided in the kennel. Ms. Atar testified that there will be none. Mr. t~B~~te~s ~f [~tev !€6~T Lo~a~g ~iearing ~aa~d, ~~~sdaY, day ~, F~Ql 14 . ~ y Rundle asked if this means that there will be no veterinary waste. 1~1s. Atar answered, "No; none at all." Mr. Rundle asked Ms. Atar if she will be prepared to comply with all State requirements for pet kennels when she submits the Land Development Plan for this. Ms. Atar indicated that she will be: Mr. Rundle asked for any questions from Board members. Mr. Hare asked to clarify something. He referred to the testimony about the rear of the kennel or the barn. He referred to the gravel area on the drawing and asked if this will be the front, meaning the rear will be the other direction. Ms. Atar answered, "Yes." Mr. Hare noted for the record that this is to the west of the kennel. Mr. Rundle referred to A-1 and noted that there appears to be a gravel drive access off of Route 74 that appears to encroach onto the property labeled as "now or formerly of Fred B. Orris III." He asked if this is correct. Ms. Afar replied, "Yes." Mr. Rundle asked Ms. Atar if she will be moving the driveway entirely onto her property. Ms. Atar stated, "No." Mr. Rundle asked Ms. Atar if there will be an agreement between herself and Mr. Orris regarding the driveway. Ms. Atar's reply was, "I'm not sure." Mr. Rundle asked if the driveway is ~~ actually located on both properties. Ms. Atar stated, Yes." Mr. Rundle asked if the plan will be for the person bringing pets to the kennel to utilize that existing driveway to get back to the kennel building. Ms. Atar responded, "Yes." Mr. Rundle again asked for any questions from Board members. Mr. Herman referred to what appears to be an easement between Tract 2 and the Richard L. Corman property. He asked if this will be a driveway. Mr. Rundle responded to Mr. Herman's question. He said he believed this to be part of Tract 1. Mr. Herman asked if this could be used as an access to the property if there is a problem with the neighbor in regard to the use of the shared driveway. Ms. Atar's answer was, "Yes."~ Mr. Herman referred to the testimony that some of Tract 1 would be used for exercising, if necessary. He asked if there will be a runway the entire distance from the back of the building over into and including Tract 1. Ms. Atar answered, "Yes." Mr. Herman asked Ms. Afar if she knew what that distance was. He asked how far back the barn is from Route 74. He noted that the tract is 400 feet long and he asked how long the runway will have to be to get back into Tract 1. Ms. Atar testified that she will be doing that and will be walking the dogs herself. Mr. Hare asked Ms. Atar if she will be putting the dogs in a harness and walking them back to the exercise area. Ms. Atar testified that this was correct. . Mr. Herman asked if there will be 24-hour duty to care for the dogs and cats. Nls. Atar answered; "1'es." He asked if there will be two employees. Ms. Atar replied, "At this point just two." Mr. Herman asked Ms. Atai- if she was aware of the State requirements. Ms. Atar stated, "We need to get a license." Mr. Herman asked Ms. Atar if she will, as needed, transport the animals to the veterinarian. Again, Ms. Atar replied, "Yes," Mr. Herman asked Ms. Atar if she has discussed this with her neighbors. Ms. Atar stated, "I have not, but others have." Mr. Herman had no further questions at this point. Mr. Hare had no questions. Mr. Rundle asked if any member of the public had a question for the witness. Fred B. Orris came forward. He gave his address as 2241 Waggoners Gap Road. He hoted that he is the -other part of the joint driveway. He asked Ms. Atar how she plans to soundproof that building. The following is a summary.of Ms. Atar's response to Mr. Orris: The buildi;,g itse,'f is cinder block. The difference bet~:~eer, this kenrel2nd 2n indoor,%utdoor kennel ta~ith runs is that there are going to be rooms. The division in the rooms is also going to be cinder block. Also, the front of the room is going to be Plexiglas,. which will also control sound. There`s a compariy that has These sound absorption panels made of canvas that we will be purchasing and hanging from the ceiling. Also, our idea is that this is going to be a very interactive kennel. There are not going to be just dogs sitting in a run, bored and barking. The exercise that we're going to offer and the playtime is going to also help with noise control, because an exercised dog is a tired dog is a sleepy dog. That kind of theory is how we`re `going to run the kennel. Mr. Orris mentioned the 100-foot requirement, which he indicated he had not been aware of. He asked Ms. Atar if she will manually walk the dogs from the barn back to whatever the back section of the property is Mir~~t~s r~~ Ehe ~EN€T ~~n[~~ ~~arir~g ~aard,'€~~sd~v, ~~Y 8, 2~€~7 15 -~ ~ called. He asked if this is where the exercise area is going to be. Ms. Atar replied; "1Ne will be dcing that, yes." Mr. Orris asked if there are any plans for any breeding of animals there. Ms. Atar testified That there a~e no plans for breeding. William DeWalt of 51. Echo Road came forward. He asked Ms. Afar if she will own any of these dogs or cats. Ms. Atar replied, "No." Mr. DeWalt asked if she will just be renting space for dogs and cats belonging to other people. Ms. Atar's response was, "Yes, boarding." Mr. DeWalf asked how long she expects to keep the animals. Ms. Atar replied that this will be set up to take care of dogs while people go on vacation. She said she expects the animals to generally be kept for a week or two weeks. Mr. DeWalt asked if there will be any pet grooming. Ms. Atar stated, "There's not going to be any grodming," She added, "I'm not a groomer." Alan Ocker of 121 Echo Road came forward. He asked Ms. Atar what experience she has in the ownership of a kennel. Ms. Atar stated that she currently works at Boiling Springs Animal Hospital, and has worked there for the past ten years. She said that she has owned dogs and has worked in other hospital facilities. She also stated that she is familiar with the handling of dogs and cats. Mr. Ocker asked Ms. Atar what kind of water will be used for the operation of the kennel. Ms. Atar replied, "Well water." Mr. Ocker asked Ms. Atar if she could estimate-how much water will be used to operate the kennel. Ms. Atar said that she was not sure. Mr. Ocker asked what quantity and what types of chemicals dog kennels normally use, and how those chemicals will be contained to make sure they don't contaminate other wells, including Ms. Atar's well. Ms. Atar asked Mr. Ocker what kinds of chemicals he meant. Mr. Ocker asked what kinds of chemicals are used to take care of fleas and other pests. Ms. Atar stated that one of the requirements for the animals coming in will be an application of Frontline, which she explained is a topical on the animal. Mr. Ocker asked if it was correct that any animal being boarded would have to have the required papers. Ms. Atar replied that vaccination records will be required before the animals enter. Mr. Ocker continued with his questions. He asked Ms. Atar if she could, off the top of her head, name some of the State requirements for the operation of a kennel, other than the requirement to have a license. Ms. Afar fisted proof of waste management, kennel size, and prevention of escapes. Mr. Ocker asked who will be responsible for the kennel when nobody is there with the dogs and the cats, and the kennel is not open. He further asked who will take care of them if something will happen. Ms. Atar replied that someone will be there with them. She said that if she is not there, then her sister will be there. Mr. Ocker asked if somebody will be there whether the kennel is open or not. Ms. Atar's response was, "Oh yes." Mr. Ocker asked Ms. Atar if in the winter she would be walking the dogs in the snow and will dig out all of the exercise areas or if this will be curtailed in the winter. Ms. Atar said that she takes her own dogs for walks. She stated that there will also be an indoor recreation area to handle the blizzards. She again mentioned that the plan is to have a very interactive kennel so that dogs are not just sitting there bored. Mr. Ocker asked if it was correct that the kennel v.~ill not be opened until somebody is living there on the property, if the Board should allow this. Ms. Afar replied, "Yes." Sandy Evans came forward. She said she owns the property at 2281 Waggoners Gap Road. Ms. Evans asked for the Total number of animals that will be boarded there. Ms. Atar stated that it will be 20 dogs and 18 cats. Ms. Evans asked if there is a plan fo use pesticides on the property to spray for fleas and ticks.. Ms. Atar answered, "No." She again stated that there will be a required application of Frontline for flea and tick control when the animals come in. Ms. Evans asked Ms. Atar how she can insure that there won't be noise in the exercise area when the neighboring dogs will be barking. She said that the neighbor dogs will be barking at ~~IS. Atar'S an.malS "nCnstop." MS. Atar replied that her dogs are nCt going tC be Cut there "nonstop." SI ~e again mentioned that the kennel will be interactive with walking and playing. She noted that the dogs will be brought inside after that. Ms. Evans asked Ms. Atar if she realized that there will be barking when the dogs are outside. Ms. Atar indicated that she did. Chris Archdeacon came forward. He said he lives of 2281 Waggoners Gap Road.. Mr. Archdeacon referred to the testimony that the animals will be playing outside. He asked Ms. Atar if she can personally guarantee that the animals can't escape, or can't dig out. Ms. Atar stated that the dogs won't be alone. Mr. Archdeacon asked if Ms. Atar can guarantee that they can't get out. Ms. Atar replied; "To the best of my ability; yes." Mr. Archdeacon noted that his two-year old daughter plays back there. He asked if the dogs that the kennel will be receiving could be violent. Ms. Atar responded, "No," and, "I can't afford to get hurt." Mr. Archdeacon ~+~EElUtOS b~f t~l~ 6~tdEF ~~flt~q He~C[a~~ ~a~i ~, F€t~~~~lf, ~~Y ~, ~~~F 16 ~- > asked; "~Nould you test this dog with a child?" He again Ms. Atar if she can 100% guarantee the safety of his child, and that the dogs can't escape. Again Ms. Atar stated; "To the_best of my ability; they are not going to escape." Ms. Atar explained that there will be a screening v~~hen the dogs come in. She pointed out that she doesn't want to deal with a dangerous dog. Fred Orris came forward with another question. Mr. Orris asked Ms. Atar if she had said that someone would be with these dogs at all times. (Vls. Atar indicated that this was correct. Mr. Orris asked what the possibility of escape would be if everyone is doing their job. Mr. Orris said he thinks this will be relatively safe. Ms. Atar answered, "Yes." Sandy Evans came forward again. She referred to the testimony about animals being walked on a leash. She asked Ms. Atar if she feels that this is safe, given the possibility of large dogs pulling or lurching. Ms. Atar replied, "To the best of my ability it will be a safe environment." She testified that she has worked with animals for a very long time, and that she does not want to be in the position of working with a dangerous animal. Rodger Diehl came forward. He-gave his address as 50 Diehl Drive. He referred to the 6.95 acre lot which is being called Tract 3. He asked Ms. Atar if she had said that right now she has no plans for that lot, but that she may in the future. Ms. Atar responded, "Not that would involve the kennel." Mr. Diehl asked Ms. Atar if she was aware of any deed restrictions on that lot. Ms. Afar indicated that she was not aware of any deed restrictions. Mr. Diehl referred to the barn where the proposed kennel is to go. He asked Ms. Atar if she knew how close the barn is to the neighboring house belonging to Mr. Corman. Ms. Atar estimated that it would be 70 feet. She stated that the indoor kennel will be at that location. Mr. Diehl referred to the play area. He asked if this will be inside or if it will be just a wired area: Ms. Atar stated that there will be an inside play area and that there will also be walking, and an outside area. Mr. Diehl asked if Ms. Atar had said that there will be a fenced area of some kind to the rear. Ms. Atar stated that there will be a fenced area with herself inside the fenced in area. Mr. Diehl had no further questions at this point. Richard L. Corman came forward.. He gave his address as 2271 Waggoners Gap Road. Mr. Corman noted that he owns the property adjacent to the Atar property. Mr. Corman referred to Ms. Atar's testimony that she hopes fo board 21 dogs. He asked her who she will answer~to as far as inspections and requirements. He also asked about the possibility of 41 dogs then 61 dogs. Mr. Corman asked about the licensing requirement for the number of dogs. Ms. Atar stated that this is not going to be a "monstrous operation." She said that a State license is required grid that the kennel will be licensed by the American Kennel Boarding Association. She explained that they will come out and examine the buildings. Mary Wohler came forward. She gave her address as 70 Easy Road. Ms. Wohler referred to the hours of operation Ms. Atar had testified to. She asked how it will be handled if someone needs to pick up a dog on Sunday when there are no business hours. Ms. Atar stated that the business will be conducted by scheduling and appointments. She explained that the customers will be told to pick up the animals on Monday or Saturday. Donald Wohler came forward. He gave his address as 70 Easy Road and noted that he is the husband of Mary Wohler. Mr. Wohler referred to the barn. He asked if it is a two-story block building. Ms. Atar indicated that this was correct. Mr. Wohler asked how wide the lot is. Ms. Atar testified that it is 115.96 feet. Mr. Wohler asked if it was correct that the outdoor play area will have to be on Tract 1, or the rear parcel. He asked how far this tract will be from the barn. l:~s. Atar said that Tract 2 is 400 feet long. Mr. lNoh!er asked if Tract 1 is most of 200 feet from the barn, and if it would be necessary to move some distance into the next tract to maintain the 100-foot minimum from the neighbor's property line. Ms. Atar replied, "Yes." Mr. Wohler asked if it was correct that there will be 220-250 feet of travel from the barn to the outdoor play area. He then referred to the amount of hours to be shared by Ms. Afar and her sister. He asked Ms. Atar if she thinks she can keep up with it. Ms. Atar replied, "Yes I do." Mary Wohler came forward again. She asked Ms. Atar if the property came first or if the kennel plan came first. Ms..Atar said it has been her dream to have a horse and that this is what else she would love to do. Ms. Wohler asked Ms. Atar if she bought the property with the intention of trying to put a kennel there. Ms. Atar t~~aates of tf><a ~N~7` ~a~~a~ l~ear~r~~ ~a~ra, Taast~~~, ~ig~~ ~, ~Q~7 17 }l ~ answered; "I wouldn't say specifically." She again said that she has wanted to have a horse; and that that is a reason for purchasing the large piece of property. Mr. Rundle asked for any further questions. Mr. Hare referred to the property labeled Tract 1 and Ms. ,4tar's comments that she may have some uses for thaf down the line. He asked what the use of this tract may be. Ms. Atar said that she may use it for her own horse.'Mr. Hare asked Ms. Atar if she is thinking of boarding horses commercially. Ms. Atar stated that she is not. Mr. Hare asked her if any horses will be for her use only. Ms. Atar indicated that this was correct. Mr. Herman asked Ms. Atar if she will be doing any obedience training or any kind of training. Ms. Atar indicated that she would not be. Mr. Herman asked if it will be strictly baby-sitting dogs while people go on vacation. Ms. Atar answered, "Yes." Mr. Herman asked for the approximate length of stay. Ms. Atar guessed that it would be a week to two weeks. -Mr. Herman asked Ms. Atar if she had done a feasibility study to see if there is that need in this area. Ms. Atar answered, "Well, yes." Mr. Herman asked Ms. Atar if she had any plans to expand the business, and if so, will more help be hired. Ms. Atar's reply was, "Yes, that is a possibility." Mr. Herman asked if she will walk more than one~dog at a time. Ms. Atar said that this depends on the dog. She suggested that this could be done with small dogs. Mr. Herman asked if she feels there will be barking and noise caused by the sizes of the dogs and the strangeness of new dogs coming in. Ms. Atar stated, "A dog will bark." She again explained that the idea of this kennel will be to minimize stress and will not be the type of kennel that people think of with bored dogs that are stressing and barking. She mentioned that there will be rooms and that there will be sound and music playing. Mr. Hare asked if there will be enclosed partitions so that the dogs can't see the other dogs. Ms. Atar indicated that Phis was correct, and that this is also different from other kennels. Mr. Herman referred to the restroom depicted on one of the drawings. He asked if this will be for the public. Ms. Atar testified that it will be for "our use." Mr. Herman asked if the wash room will be for washing dogs. Ms. Atar explained that the sink will be used for washing dishes. Mr. Herman asked about a situation where a dog may become soiled. Ms. Atar acknowledged that a dog will have to be cleaned if it becomes soiled. Mr. Herman had nothing further at this point. Evelyn Kelley came forward: She gave her address as 2581 Waggoners Gap Road. Ms. Kelley asked Ms. Atar if she will be keeping the dogs muzzled when they are taken out. Ms. Atar stated, "No, fhey won't be muzzled" Ms. Kelley asked if these dogs are not going to bark. Ms. Atar replied, "They're not going to be barking." Becky Gillan came forward. She gave her address as 1359 Swope Drive in Boiling Springs. She identified herself as Ms. Atar's sister. Ms. Gillan asked Ms. Atar if she was aware of a previous kennel in the area that seems to have been a problem. Ms. Atar indicated that she knew that there had been a previous kennel in the area. Jobee Morrison came forward. She gave her address as 2330 Waggoners Gap Road. Ms. Morrison referred to the barn that will be refurbished. She asked if the barn will be expanded or if it will stay the same. Ms. Atar stated that it will stay the same. Ms. Morrison asked what the hours of play will be in the outside play area and how many dogs will be in the play area at the same time. Ms. Atar said that the number of dogs will depend on the size of dogs being boarded at that time. She stated that it wiii be a "manageable number." ivis. Morrison again asked what hours the dogs will be out there. Ms. Atar stated that the hours of operation are 8-5. !~^s. Morrison asked if ±his means that the dogs ~a~on't be a.!t in fhe play area after 5:00 p.m. Ms..Atar replied, "Probably not, no.".She mentioned that they will be walked around at that point. She stated, "There won't be dogs at night, if that's what your concern is." Ms. Morrison asked what kind of chemicals will be used to clean the barn and how the runoff from that will be dealt with. Ms. Atar said that what she has proposed to do is pick up the stool and put it in the trash. She mentioned a product called Kennesol that is biodegradable, and that bleach may be used in mopping up. Ms. Morrison asked if there is a possibility of going into grooming later. Ms. Atar again stated, "I'm not a groomer." Ms. Morrison asked if this would be done in the barn if there were to be grooming. Ms. Atar replied that right now it's going to be in the barn. Ms. Morrison had no other questions. NE~€t~ttes ~f 1`ft~ t~l~T ~~~[~9 6~ear~€~g ~~ard, ~€les~a~, ~~Y ~, 2~~7 18 ~{ ~ IVIr. Rundle asked Ms. Atar if she wished to have anyone else testify. Ms. Atar asked to 'nave her husband testify. Mr. Atar was sworn in. He identified himself as Mehdi Atar of 1359 Swope Drive, Boiling Springs; PA. He stated that he is the husband of Jodi Atar. Mr. Atar testified that he is here to support her testimony. He offered to answer any questions. Mr. Rundle asked Mr. Atar if he will be involved in the operatiori of the kennel. Mr. Atar replied, "Absolutely not, unless needed:" He said that he may be needed in an emergency, when she may not be there. He noted that he will be residing there and added, "I'm sure I'll be roped into helping out." Mr. Rundle asked Ms. Atar if she had any questions for Mr. Atar. Ms. Atar had none. Mr. Rundle asked for any questions from Board members.- Mr. Herman referred town issue that Mr. Atar had raised. He asked who will take over in the event of sickness or hospitalization. Mr. Atar testified that he has three adult children. He stated that his daughter will be graduating from college in August and will likely be living with them. He pointed out that he will be there, and that there will be other people and friends who will help out. Mr. Atar stated that there are friends of Ms. Atar's from the animal hospital who would be happy to take out apart-time job with her. He said that Ms. Atar has been working with dogs and cats for the past twenty years. Mr. Herman asked Mr. Atar if he feels that these people will be qualified to maintain the integrity of everything there. Mr. Atar replied, "Absolutely." Mr. Hare asked Ms. Atar if a limit of no more that 20 dogs and 18 cats would be acceptable if the Board were to grant permission to do what she was asking. Ms. Atar replied, "Yes." Mr. Rundle asked if any member of the public wished to give testimony. Sandy Evans came forward. She was sworn in and identified herself as Sandy Evans. She testified that she owns the property at 2281 Waggoners Gap Road. The following is a summary of Ms. Evans' testimony: Jodi, I appreciate your love for animals. 1 love dogs too, but 1 can tell you that.if my dog was in your kennel, even if you played with him and played music it would be nonstop barking"because he would wanf to be -home. 1 just think this is wrong on so many levels. We just purchased this house two weeks ago. We - purchased it because of the serenity, the beauty, the peaceful back yard. Our daughter and son-in-law who just separated from fhe ~~nilitary have moved in there. They are buying the house from us. To have atwo-year old granddaughter in that back yard while dogs are being walked on a halter just scares me to death. There's a safety issue. There's the noise issue. Even if it`s during the day that you've got those dogs out there. If there's a big dog, thaf dog is going to bark. Guaranteed if you've got dogs out there. My son-in-law often works nights, so his time to sleep is during the day. 1 just think it's wrong on the noise level and on the safety level. Just to do this to a neighborhood where the houses are so close together. 1 wish you would had come around and asked people first, rather than imposing this onus. Mr. Rundle asked Ms. Atar if she had any questions for Ms. Evans. Ms. Atar had no questions. Mr. Rundle asked for any questions from Board members. Mr. Herman asked Ms. Evans to clarify what she had said about her two-year old granddaughter. The fo-lowing is a summary of Ms. Evans' response fo Mr. Herman: We bought the properly. Our a`~ilo'ren just separafeo' from the military. They moved to This area, torhis home Because of the peaceful tranquility. It is a beautiful location with nice views. Just tranquil. Our two-year old granddaughter is out there playing. !t,'ust scares me to death fn think of her safety with that distance where dogs are being walked. You say thaf someone will always be with the dogs, But that doesn't make sense. If there `s one person working and only two dogs at a time can be walked to an exercise kennel, you've go to go back lt`s right on the back of the property where our kids are at. Richard L. Corman came forward. He was sworn in and gave his address as 2271 Vaggoners Gap Road. The following is a summary of the testimony given by Mr. Corman: First l'd like to welcome you both fo the neighborhood. iNe love horses. i have to admit that I do feel that there are questions here we have to address. We have ordinances we have to abide by. One of them is 'r 00 M[t~[~tes €~f ~~e t~ldT ~~~it~~ t~ear[~td ~a~rd, ~'~esd~y, Nta~ 8, 2~~7 19 .~ '~ foot from a property line. lury bedroom alone is not more than 85 feet away from the propcsed building that Mehdi here would like to convert into this kennel. At this point Mr. Rundle interrupted Mr. Corman's testimony to explain that the i00-foot requirement is for the outside exercise area to the property line, not an enclosed building. He asked Mr. Corman to continue with his testimony. Mr. Corman indicated that he had given his statement. Again he welcomed the Atars to the neighborhood. Fred B. Orris came forward. He was sworn in and gave his address as 2241 .Waggoners Gap Road. The following is summary of the testimony from Mr. Orris at this point: 1 live probably not more than about 30 feet to where my bedroom is, and l remember a previous owner having dogs that barked all day when l was trying to sleep. All day. Five Australian sheep dogs. I don't see any problem with an infernal type kennel. Now l do understand the concerns about walking dogs in that disfance, but if dogs are going to bark, that's a training issue. Dogs can be trained not to bark at other dogs if you train them properly. Now I have that divided driveway, and they can't get into their property without going on mine. l`ve lived there 30 years. Our family has had that property approximately 80 years, maybe a little bit more. That driveway has always been divided. There has never been an agreement. There has never been a use of the right-of--way, and l don't see any reason for that to happen now. 1`m not going to sign a lease or right-of--way or anything like that. 1 don't see why there`s any problem. If anyone should be complaining, it should be me and l'm right next door, and I'm not. Welcome fo the community. Alan Ocker came forward. He was sworn in and gave his address as 121 Echo Road. The following is a summary of the testimony given by Mr. Ocker at this point: My biggest concern is about the cherriicals that are being used and the quality of the water that's going to be left in the surrounding areas_ Ivly testimony would be that 1 do not want to lose my well and have my well contaminated by chemicals that may or may not be used in this area or spilled in this area accidentally, and the amount of water being used. Mary Wohler came forward. She was sworn in and gave her address as 70 Easy Road. The following is a summary of .the testimony given by Ms. Wohler at this point: f just want to say that I respect what youre doing. I think that maybe the whole situation could have been done differently to not upset people. I do have some issues that I'm very concerned about that haven't necessarily been totally resolved for me. /want to also mention that we live on Easy Road. The way the wind blows we catch a lot of noise. Just the other day we were out walking and someone was playing a radio on North Middleton Road. We could hear it clear up on Echo Road, so the sound carries through this area very strongly. I'm not really totally convinced That the barking issue is resolved. 1 think that nobody has even come close to addressing the issue of property values and what it's going to do especially fo people who live on Waggoners Gap Road, really, really close to this kennel. 1 just wanted to make a statement about when the Funny Farm existed; the kennels on Echo Road. We have lived in our house on Easy Road since 9982, and when those kennels were there, we couldn't use our front yard. The noise was offensive, and that was from the barking dogs and that sort of thing. l just want to make that as a general statement. 1 think you need to keep in context the way the wind blows and that the sound travels. It really does Through this particular area. ^^r. Her man referred to the kennels that Ms. !Nobler had spoken of. He asked if those kennels were enclosed. The following is a summary of Ms. Wohler's answer to the question from Mr. Herman: l have no idea what they were. I just know they were noisy. I never went there. We never boarded our dog there. I was never back to see them, so /don't know the answer to that. 1 just know they were kennels. I know that when we moved there and the first time 1 heard them l thought, where is this coming from? After inquiring, that's what 1 found out. I understand they maybe closed now, but they were loud. Mr. Rundle asked Ms. Atar if she wished to ask any questions of any of the individuals giving testimony. Ms. Atar stated that she had no questions. Mr. Rundle asked if anyone else wished to give testimony. EV~itlE~tes ~~ ~~~ ~l~F ~Q~~EE~ ~f~~E'E~g ~~~rd, ~ues~a~, ~~~- 8, ~~Ql 2p . ~ ~ 1Nilliam DelNalt came fon~~ard. He was sworn in and gave his address as 51 Echo Road. The following is Mr. DeWalt's testimony: Barking dogs are not welcome where !can hear them. I don't have a dog. That's one of the reasons. So, think about it. Mr. Rundle asked Ivls. Atar if she had any questions for Mr. DeWalt. Ms. Atar had no questions. Mr. Rundle asked for any further testimony. Rodger Diehl came forward. He was sworn in and gave his address as 50 Diehl Drive. The following is a summary of the testimony given by Mr. Diehl: First of all, I'd like fo make it part of the record to thank Mr. Weeks for recusing himself because he was the owner of the kennel that was in the neighborhood. I also want to thank him, and make it part of the record that we're glad he closed it. My testimony is that !don't want to hear it again. It`s as simple as that. It was very nerve-wracking. This lady here who just testified is probably a quarter of a mile away from that particular kennel. She`s here voicing her opinion against this one because it's even closer. The weekends, when everybody drops their dogs off in the summer time; if you re planning a picnic, that is the worst time. And holidays; that will be their busy time. All of these people here tonight are here because of what we put up with in the past. l guarantee you we`re not in favor of it happening again. Dorothy Handshew came forward. She was sworn in and gave her ad_ dress 2181 Waggoners Gap Road. The following is a summary of her testimony: l've lived there for 58 years and we could hear Mr. Weeks' dogs barking constantly and I will not put up with it again, l guarantee you fhat. Thank you. Mr. Rundle asked Ms. Atar if she had any questions for Ms. Handshew. Ms. Atar had no questions. John Buchenauer came forward. He was sworn in and gave his address as 60 Pine Hil! Road. He testified that he owns the property of 2301 Waggoners Gap Road which he said is across the street from the Afar property. The following is a summary of Mr. Bucfiehauer's testimony: The best thing that ever happened to us was air-conditioning for the last fiasco of a kennel and l just can't see an enclosed one being that quiet. Welcome fo the neighborhood, but ! see a problem with the noise and everything about it. 1 just wish it were a different use to the property. , Mr. Rundle asked Ms. Atar if she had any questions for fVlr. Buchenauer. Ms. Atar had no questions. Mr. Rundle asked if anyone else wished to give testimony. Fay Minich came forward. She gave her address as 41 Pleasant Hall Road. Mr. Rundle asked Ms. Minich where her property is in relation to this property. Ms. Minich stated that if is part of the old Waggoners Gap Road and is just up the hill: The following is a summary of Ms. Minich's testimony: Even though I don`t live on v-~aggoners Gap Road, and (was further away f think than most of the people here from the Funny Farm, I could hear their dogs too, and 1 know that you are not going to be able to keep dng~ n~t,iiat FyAn though yn~r may ~yant tp they ~niill npt f,Ja q~iat. Thay ara going fp F,~arlr, I flat`s all I !?avg tp say. Mr. Rundle asked Ms. Atar if she had any questions for M's. Minich. Ms. Atar had no questions. Mr. Rundle asked if any other members of the public wished to offer testimony. No other members of the, public came forward at this time. Mr. Hare indicated that he wished to ask Ms. Atar a question. Mr. Hare noted that the audience at this heating seems to be predominately concerned about noise. He asked Ms. Atar what she could say about the reconstruction of this barn and how it will be done. He asked her if she had any construction experience or any experience with other buildings made this way that she could testify to that says, yes, this construction ~-~i~ut~s of ~~te t+<MF ~ot~i[t9 E~eari~t~ ~Q~~`d, T~~sdaY, t~a~ ~, F~~7 21 '~, ~ keeps noise inside the building. Ivis. Afar replied that she couldn't but that IJir. Atar could. At this point lair. Hare asked Nlr. Atar the same question. The following is a summary of 'the response r"rom Mr. Atar: t do have experience. Pve been in the construction%uilding business for the past almost 30 years. I'm about to get my architectural License in the state of New York and the state of Maryland. I'm in the process, 1 don't have it yet. Do 1 have experience with noise control? Yes. Is there such a thing as a soundproof building? There is no such thing, unless it's a recording studio or something that we are not after over here. Will there be some noise? Yes, but 1 have also been around a farm house with these bikes going around and ATVs, and the dogs in the neighborhood that are barking. There is nothing you can do as far as hearing fhe dogs outside barking. Do I know techniques to reduce the amount of noise? Yes. There are sound transmission standards that can be applied, and the noise will be reduced tremendously. Witl it be completely soundproof? There is no such thing. At this point Ms. Atar testified that the design of the kennel being proposed will be nothing like whatever the previous kennel was. She again stated that it is not going to be outdoors and will be less stressful for the dogs. Ms. Atar said that kennels she has been to have had dogs caged side by side, which adds to their stress level and is unhealthy for the dog. Mr. Hare asked Ms. Atar if she has actually been to a kennel made like the one she is proposing to build. Ms. Atar replied that she has read about this kind of design, but has not actually been to that kind of kennel. Mr. Atar stated they plan to visit those kinds of facilities. Mr. Herman asked if it is their intention to insulate the walls. Mr. Afar said that the exterior walls are 8-inch masonry blocks. He stated that the interior walls will be 4-inch walls with Plexiglas on top. Mr. Herman asked if there is .an ihtention to put.any insulation on the walls to deaden the sound even more. Mr. Atar replied that this will not be done on the inside because of a concern about the dogs getting into it. He noted that _ Styrofoam boards may be put on the outside. Mr. Herman asked Mr. Atar if he was aware that this would help considerably. Mr. Atar replied, "Absolutely." At this point Mr. Hare referred to Section 204-14, which is the Agricultural Zone. He pointed out that kennels are an allowed use under Special Exception uses. Mr. Rundle noted that this is the purpose of tonight's hearing. Mr. Herman asked to hear from Mr. Fegley. Paul Fegley was called and sworn in. Mr. Herman asked if the Township had a position. Mr. Fegley read the following letter: • "The Norfh Middleton Township Board of Supervisors held their workshop meeting on Thursday, April 26, 2007. At this meeting the Board discussed the Zoning Application submitted by the Atars to run a dog kennel at their home on Waggoners Gap Road. After reviewing the Application, the Board of Supervisors had no comment regarding the request. " Mr. Herman closed the record on this matter at 10:06 p.m. There was some discussion. Decision #07-03:.~oefi L. Atar, Specie[ Exception James Hare moved to granf a Special EXCeption as requesfed for a dog boarding kennel and cat boarding kennef, wifh fhe provision that additional sound insulation be placed either inside or oi.itSide of fhe eXfer ifJr V/a'iiS, a'ird fl7a'f uie iif~ifa'fiorr Cif a'iririra}5 bE iiririfc^d fv a rira^JCir~rurir Gf twenty (2c~~ dogs and eighfeen (18} cats, wifh fhe standard boilerplafe language That fhe Appficanf must compfy wifh alt other applicable Federal, State, and local laws, rules, and regulations. J. Wolford Herman seconded fhe motion. James Kare and J. Wolford Herman voted in favor, and the motion carried, Mr. Rundle noted to the Applicant and the members of the public that because this particular application is being contested, he will have to prepare a rather lengthy legal decision for the signature of the Chair. He pointed out that this decision will be available at the Township and will be mailed to the Atars personally. lVfF~lP$~s of tr;~~ NAT ~~ti~[tt~ C~~c~E'EiE9 ~~ard, T~~s~a~t, EI~aY ~, 2fiQ7 • ~~ Mr. Rundle explained to the audience that the public has a period of 30 days in which to fide an appeal of the granting of This Special Exception to the Court of Common Pleas. Adjournment With no further business before the Board at this time, the meeting adjourned of 10:19 p.m. Respectfully Submitted, Henry Weeks Secretary -North Middleton Township Zoning Hearing Board Michael S. Medvid Recording Secretary Nfl~tuteS of tie NET Zo~i~g E~~ar[ttg ~~a~~f, ~`~e~d~Y, ~~~ ~, ~~~~ ?3 ~ r,~ Q --+ f ---f -- - - -T- - . - r ~ _ ,:-,: _.~? Lc~ - ~ r i --r :. c <~ :o ~' .y. 1 2ov~- 33~ S Civ~ ' ~ • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NORTH MIDDLETON TOWNSHIP ZONING HEARING BOARD CARLISLE, PENNSYLVANIA IN RE: Jodi L. Atar (No. 07-03) Special Exception ORIGINAL TRANSCRIPT OF PROCEEDINGS BEFORE: J. WILFORD HERMAN, Chairman JAMES E. HARE, Member PAUL M. FEGLEY, Codes Enforc ement Officer RUBEN LAE, JR., Assistant Co des Enforcement Officer MICHAEL R. RUNDLE, Solicitor DATE: May 5, 2007, 8:45 p.m. PLACE: North Middleton Townshi P ~ ~^' Municipal Building ° 2051 Spring Road -rs~ ~ ~~ ~' Carlisle, Pennsylvania ~~: N ~ -+: ,1.;. " 1'.` ~ 1 1 _.... sJ t ~~ rY 4 Amy R. Fritz, Notary Public Registered Professional Reporter 0. ~~4 z' J Reporting Services i7 • 717-258-3657 • 717-258-0383 fax courtreporters4uC~aol. com 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WITNESSES Jodi L. Atar Mehdi Atar Sandy Evans Richard L. Corman Fred B. Orris, III Alan Ocker Mary Wohler William Dewalt Rodger Diehl Dorothy Handshew John Buchenauer Fay Minich Paul M. Fegley N0. A-1 INDEX TO TESTIMONY INDEX TO EXHIBIT PAGE 3 42 44 46 47 48 48 50 51 52 52 53 58 PAGE 4 3 ~r-~ ~J • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S MR. RUNDLE: This is the application of Jody L. Atar whose address is 1359 Swope Drive, Boiling Springs. The location of the property that we're dealing with this evening is 2260 Waggoner's Gap Road, Carlisle. The owners of the property are Jody L. Atar and her husband, Mehdi Atar. The property is located in the agricultural district. Present use is agricultural. Proposed use is to place a boarding kennel. Fee of $200 has been paid and received. Ms. Atar, you will be offering testimony this evening? MS. ATAR: Yes. MR. RUNDLE: Raise your hand and be sworn, please. JODI L. ATAR, called as a witness, being duly sworn, was examined and testified as follows: MR. RUNDLE: State your full name for the record. THE WITNESS: Jody Atar. BY MR. RUNDLE: Q. What is your current address? 4 • • C7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. 1359 Swope Drive, Boiling Springs. Q. And are you one of the owners of property located at 2260 Waggoner's Gap Road, Carlisle? A. Yes. Q. And is your husband, Mehdi T. Atar, a joint owner with you? A. Yes. Q. Do you recall when you acquired the property, what year? A. 2007. Q. Now, you have submitted with the application a plan showing property at 2260 Waggoner's Gap Road prepared by Act One Consultants, Incorporated. A. Yes. MR. RUNDLE: I'm going to have that marked as Applicant's Exhibit A-1. (Applicant's Exhibit A-1 was marked.) BY MR. RUNDLE: Q. Now, for ease of operations on this, your testimony, I'm going to generally say that north is the direction to the top of the page. Okay? Am I correct that the property at 2260 Waggoner's Gap Road is tract number 1 on the property? A. Yes. Q. And this indicates that that parcel is 8.53 5 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 acres. Is that correct? A. Yes. Q. Is there anything physically located on that property now, any buildings? A. No. Q. It would appear -- and you correct me if I'm wrong -- A. I'm not sure. Ask that question -- I'm not sure. Q. Excuse me? A. Let me see that picture. You're talking about that back piece there, tract 1? Q. That's correct. A. There is a partial building on the back piece of property. Q. A partial building. What kind of a building? A. The building that we're doing, it's a preexisting building. Q. All right. So I understand what you're telling me, you're planning on locating your kennel in a building that is presently on the property? A. Yes. Q. And is there more construction that has to take place on the building, itself? A. Yes. 6 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Because you said a partial building? A. Well, it needs to be -- it needs to be refurbished. Q. What I'm going to -- well, first let me ask you this: Access to the property from Waggoner's Gap Road, Route 74, there appears to be a 30-foot, I'll call it an access drive from Waggoner's Gap Road to the rear of the parcel. Am I correct? A. To that front parcel. It's where that building you see on the picture there, that's the building that's being refurbished. The property goes back all the way back there. Q. Let's clear something up. Are you referring to what's called tract 2? A. Yes. But that property goes -- Q. Do you own tract 1 and tract 2? A. Yes. Q. So although these are two separate tracts of land right now, there are improvements on tract 2. Is that correct? A. Yes. Q. Tract 2 fronts on Waggoner's Gap Road? A. Yes. Q. Tract 2 has a two-story framed dwelling? A. Yes. 7 • ~J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. That's the property with the address of 2260 Waggoner's Gap Road? A. Yes. Q. There appears to be a barn on the property? A. Yes. Q. To the rear of the two-story framed dwelling? A. Yes. Q. Where is it that you will actually have the kennel? In what building? A. The barn. Q. And that's going to be the only location for the kennel? A. Yes. Well -- yes. Q. Will tract 1 be utilized at all in the operation of the kennel? A. Not at this time. Q. But maybe in the future? A. Maybe in the future depending on how tract 1 -- Q. So when I said earlier tract 1 had 8.35 acres, that was only the one parcel. Tract 2 is 1.09 acres? A. Yes. Q. So in total, you own 9.62 acres? A. And the north, tract 3, above that. Q. Are you referring to -- A. The 6.95 acres. 8 C7 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Is that part of tract 1, or is that a separate tract on what appears to be Deed Book 256, page 4882? A. It's a -- Q. Separate tract? A. Yes. Q. I don't see the language tract 3 on the exhibit at all, but you're telling me that was tract 3 on the deed? A. Yes. Q. So you really own then over 16 acres? A. Yes. And then just to clarify, because it is a fact of the kennel, this is going to be a totally indoor kennel. Q. We're going to get there. A. Okay. Q. Now, as part of your application, you submitted a three-page document, the first page of which appears to be the front view of what you're going to be calling Waggoner's Gap Pet Motel? A. Kennel, yes. Q. The second page appears to be interior schematic of which floor? A. That is the first floor. Q. .And the third page is going, appears to be interior schematic of what? A. Of a second floor, These are just kind of 9 • • • 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rough, just a plan of what it's going to look like. Q. All right. Tell me what your business plan is. A. The business plan is to -- it's going to be a dog and cat boarding indoor approximately, or, say, 20 to 21 dogs maximum and 18 maximum cats. Q. What will be the hours of operation? A. Again, 8 to 5 Monday through Friday; Saturday, 8 to 12, and closed on Sunday. Q. And is anyone going to be residing in the two-story frame home? A. Yes. Q. Who? A. We will. Q. You'll be moving from your present address to the Waggoner's Gap? A. It's being refurbished right now. Q. Who would actually be working in the business? A. Myself and my sister. Q. Will your sister be living on the property? A. Yes. Q. So there will be no outdoor runs for any of the animals? A. No. Q. What about outdoor exercise areas? A. One of the options is we will be walking them in 10 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a harness, or one of the discussions was having -- to the back of the building is going to be kind of a play area that wiii be fenced with a, not plastic, but a barrier around it. And at the top of that is going to be a -- I don't know what it's called. It's kind of -- it will be angled at the top like a fence with that barrier around that so that there will not be like an exit up top; it will just be guarded on top. And the upstairs also might be possibly a playroom also. Q. So with respect to the acreage requirement for a kennel, you're treating the entire property or at least tract 1 and tract 2 as being used in the operation of the kennel? A. Potentially, yes, not every inch of it. Q. Well, kennels have a minimum lot requirement of two acres under the ordinance. Tract number 2 is less than two acres; it is only 1.09 acres. So you will need to use a portion of the back property in the operation of the business. Do you intend to do that? A. Yes. Q. Now, there is a requirement in the ordinance that says, All animal boarding buildings that are not completely enclosed -- 11 s • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Which it is going to be. Q. Let me finish. And any outdoor animal pens, stalls or runways shall be located within the rear yard and screened from adjoining properties and be a minimum of 100 feet from all property lines. Let's break that apart. There will only be the one building used for the kennel? A. Yes. Q. And will that building be totally enclosed? A. Yes. Q. Will there be any outdoor pens, stalls or runways? A. Pens, stalls or runways. None. Q. The ordinance says that all outdoor recreation areas shall be enclosed to prevent the escape of animals. Will there be any outdoor recreation areas for the animals? A. Yes. Q. And where will they be located? A. At the rear of the tract 2. Q. At the rear of tract 2? A. Yes. Q. Will it be enclosed? A. Oh, yes. It will be a -- as in fenced? Q. Yes. A. Yes. 12 • • ~~ ~_..~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Tell me about the fence that you propose. A, It's going to be fenced, and there will be -- it's not plastic; it's a fabric around it so it's shielded. And at the top of it is going to be fencing that won't -- it won't be topped, but it will also have a guard over, kind of like a guard fencing on the top of the fence. MR. HARE: Angled in? THE WITNESS: Angled in. BY MR. RUNDLE: Q, All right. Here's a problem you may have, and I want to clarify this with you. If you will look at the exhibit, it appears that the width of the lot, itself -- tract 2 I'm referring to -- is 115.96 feet at the rear of the lot. Do you see that? A, Um-hum. Q. And the ordinance requires that these outdoor recreation areas, the setback be a minimum of 100 feet from a property line. If you were to have this recreation area located on tract 2, it would be impossible to make it 100 feet from an adjoining property line. Do you understand where I'm going with this? A. I think so. Q. Because it's only 116 feet wide. Will you be able to put the outdoor recreation area farther to the rear 13 ~~ • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 onto tract 1 A. Yes. Q. -- such that it would set at least 100 feet from an adjoining property line? A. Yes. Q. What plans do you have for animal waste? A. We've contacted York Waste Disposal, and they are going to set us up with a two-yard square dumpster that will be removed weekly, and for stool pickup and any other trash. Q. Where will that be located? A. Behind the kennel. Q. To the rear of the kennel, itself? A. Yes. Q, Are these waste dumpsters, are they totally enclosed to prevent odors, if you know? A. They'll be bagged from inside the kennel and then taken to this dumpster. Q. The waste, itself, the animal waste will be bagged? A. Oh, yes. Q. Will there be any veterinary services provided in the kenn el? A. No. Q. So there won't be any veterinary waste? 14 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. No, not at all. Q. When you submit your land development plan for this, are you prepared to comply with all state requirements for pet kennels? A. Yes. MR. RUNDLE: Board members, questions? MR. HARE: Just for clarification purposes, when you were talking about the rear of the kennel or the barn, were you talking about -- on the drawing if we consider where the gravel area is, is that considered a front so that the rear would be the other direction? THE WITNESS: Yes. MR. HARE: For the record, that's to the west of the barn or the kennel? BY MR. RUNDLE: Q. Let me ask you one more question. It appears on the exhibit that there is a gravel drive access from Route 74 that appears to encroach onto the property labeled as now or formerly of Fred B. Orris, III. Am I correct? A. Yes. Q. Will you be moving the driveway entirely onto your property? A. No. Q. Is there an agreement between yourself and Mr. Orris as to the location of that driveway? 15 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A, I'm not sure. Q, Does the driveway actually -- is it actually located on both properties? A. Yes. Q. Will the plan be for the person bringing the pets to the kennel to utilize that existing driveway to get back to the kennel building? A. Yes. MR. RUNDLE: Questions from the board members? CHAIRMAN HERMAN: On this plot plan there appears to be an easement between tract 1 and tract 2 and Richard L. Corman property. Is that correct? Is that a driveway? MR. RUNDLE: Mr. Chair, I believe that is actually part of tract 1. BY CHAIRMAN HERMAN: Q. So it's accessed for tract 1? You could access your property in that fashion if you have a problem then with your neighbor in that shared driveway? A. Yes. Q. You testified that you would utilize some of tract 1 for exercising if necessary. Would you have a runway the entire distance from the back of the building over into and including tract 1? A. An actual -- 16 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A runway that you can utilize which would not infringe upon the 100 feet needed. A. Yes. Q. Do you know what that distance is? How far back is the barn? You have a 440-foot and a half property right there. Is this situated at 230, 250? A. I'm not quite sure what you -- what is the distance from the barn back to where the -- Q. From Route 74, do you know how far back the barn is, how long that runway would be required to get back into tract 1 and incorporate -- A. Well, do you mean as in people dropping off dogs to go back to? Q. Yes. A. I don't think they would be doing that. Q. Well, you said you would utilize part of tract 1. A. But I will be doing that. That won't be a -- Q. You will b e physica lly taking -- A. Yes. Q. I thought you were intending a runway for them. MR. HARE: So as an exercise area, you would put the dog in a harness or leash, walk it back to the other tract? THE WITNESS: Sure. That would be part of just 17 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 taking them for a walk. CHAIRMAN HERMAN: Are you going to have 24-hour duty care for the dogs and cats? THE WITNESS: Yes. BY CHAIRMAN HERMAN: Q. And just two? A. At this point, just two. Q. You're aware of the state requirements that's required for a dog kennel? A. We need to get a licence. Yes. Q. And as needed, you will transport to the vet? A. Yes. Q. Have you discussed this with your neighbors? A. I'm sorry? Q. Have you discussed this with your neighbors? A. I have not, but others have. MR. RUNDLE: Now, is there any member of the public that wishes to ask a question of Ms. Atar? Sir, first, you can come forward. State your name, sir. MR. ORRIS: I'm Fred B. Orris, III, and I live at 2241. I'm the other part of that joint driveway. MR. RUNDLE: Now, understand, sir, this is not yet a time for you to give testimony, only to ask questions. 18 • • 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ORRIS: I understand. MR. RUNDLE: State your question. BY MR. ORRIS: Q. I would like to know how you plan to soundproof that building. A. The building, itself, is cinder block, and the difference between -- this is an outdoorlindoor kennel, with the runs is that there are going to be rooms. And the division in the rooms is also going to be cinder block. And also the front of the room is going to be a plexiglass which will also control sound. We're also going to put -- there's a company that has these sound absorption panels of canvas that we will be purchasing that we'll be hanging from the ceiling. And also our idea of -- it's going to be a very interactive kennel. There are not going to be just dogs sitting in a run bored, barking. The exercise that we're going to offer, and play time is going to also help with noise control because an exercised dog is a tired dog is a sleepy dog. That kind of theory is how we're going to run the kennel. Q. I was not aware of the 100 feet, and I really don't care about the 100 feet. But you're manually going to walk the dog from said, I'm going to call it barn because that's what it is now, barn back to whichever 19 r~ • C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 section they want to call it, the back section of that property that adjoins Weeks', and that's where the exercise area is going to be? A. We will be doing that, yes. Q. And number three, are there any plans to do any breeding of animals there? A. No. MR. ORRIS: Thank you very much. MR. RUNDLE: Anyone else with a question? Come forward, sir. State your name, sir. MR. DEWALT: William Dewalt; 51 Echo Road. BY MR. DEWALT: Q. Are you going to own any of these dogs, cats? A. No. Q. Just rent space for somebody else's animals? A. Boarding, yes. Q. And how long do you expect to keep them? A. Well, it's going to be set up like if people go away on vacation and they have dogs that need to be taken care of, we are going to be offering that service. Generally I'm thinking of, you know, a week, two weeks, that kind of turnover kind of thing. Q. Is there any pet grooming? A. That will be a service that's going to be offered there. There is going to be a basin in 20 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the -- well, not right now. No, there's not going to be any grooming. I'm not a groomer. MR. DEWALT: Okay. That's all. MR. RUNDLE: Sir, come forward, please. Your name, sir? MR. OCKER: Alan Ocker; 121 Echo Road. BY MR. OCKER: Q. First question would be, what is your experience in the ownership of a kennel? A. Well, I've worked -- right now I work at Boiling Springs Animal Hospital for the past almost 10 years. I've owned dogs. I've worked in other hospital facilities. I'm familiar with dogs and cats and handling of them. Q. So you have worked with animals then? A. Yes. Q. Would you estimate the amount of water that would be needed -- well, first of all, let me ask you what kind of water is this going to be using for your kennels? A. Well water. Q. Can you estimate how much water the kennels would be using? A. I don't have any... Q. So you're not sure how much water from the well it would take? Can you tell me what quantity and what types of 21 C • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 chemicals normally dog kennels use and how you contain those chemicals to make sure that they would not contaminate other wells including your own? A. What kind of chemicals do you mean? Q. What do you use to take care of fleas and other pests? A. Well, one of the requirements of the animals coming in is going to be application of Frontline or that kind of thing which is a topical on the animal. Q. So that any animal that you boarded would have to have required papers that they are getting -- A. Yes. They'll have vaccination records. It will be mandatory before they enter, that kind of thing. Q. Off the top of your head, can you name any state requirements for the operation of the kennels? A. You mean like the license you need? Q. Besides acquiring a license, can you tell me anything else that's required by the State other than having a license? A. Proof of waste management kind of thing? Q. I'm asking you. A. Kennel size, I think, you know, no escaping. Q. Who would be responsible, the hours that you stated when you're not open, who's responsible for the kennels when nobody is there with the dogs, the cats? 22 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Who's taking care of them if something would happen? A. There will be someone there with them, whether we alternate -- if I'm not there, my sister will be there. Q. Whether you're open or not, somebody will be there? A. Oh, yes. Yes. Q. So in the winter, are you saying that you would walk the dogs in the snow and dig out all the exercise areas so that they could go back there, or you would curtail that on the winter months when there's snow on the ground? A. Depending on -- I mean, we can take them for walks. I take my dogs for a walk. There's also going to be an inside kind of a recreation area to handle, you know, the blizzards. But, yes, it's going to be a totally -- that's what we're there for; that's what we're going to do; that's the plan of, again, very interactive. Again, they're not going to be dogs just sitting there as a normal kennel would be. Q. You do not plan to open the kennels, if the board says that you could, you will not open the kennels until somebody is there on the property living on the property? A. Yes. 23 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. OCKER: Thank you. MR. RUNDLE: Anyone else have a question? Ma'am, yes? MS. EVANS: Sandy Evans. We own the property at 2281 Waggoner's Gap. BY MS. EVANS: Q. And I was just wondering what was your total amount of animals that you can board there? A. 20 dogs and 18 cats. Q. And do you plan to use pesticides on the property to spray for ticks and fleas? A. That is not -- no. When they come in, one of the requirements is going to be application of Frontline for flea and tick control. If there is a problem, if somebody comes in, it will be -- Q. Except they're on your property. I mean, the ticks are bad out there. I was wondering if you were going to spray. A. No. The environment? Q. The grass. A. No. Q. How can you ensure that there won't be noise in the exercise kennel when the neighboring dogs are going to be barking at these dogs? How can you ensure that that won't -- 24 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Guarantee that the dog, a dog will not bark as the neighbors' dog -- Q. Well, you said -- for instance, in the facility the noise, you said there won't be noise. But you will have the exercise, and there are neighbor dogs that will definitely be barking at your animals nonstop while they're out there. A. They're not going to be out there nonstop. My dogs aren't going to be out there nonstop. Again, it's going to be an interactive; walking, playing. And then after that's over, they will come in. They're not going to be standing out in the play area. It's going to be play time. Q. But you do realize when they're outside there will be barking? If they're outside, there will be barking. A. Yes. Q. Because there's animals. A. Yes. MR. RUNDLE: Sir, your name? MR. ARCHDEACON: I`m Chris Archdeacon. I live at 2281 Waggoner's Gap Road. BY MR. ARCHDEACON: Q. The outside where they're going to play, can you personally guarantee that they can't escape; there is no 25 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 way with the fence that you're putting up that they can't dig out? A. These dogs will not be alone. Q. But can you guarantee they won't get out? A. To the best of my ability, yes. Q. Because why I'm asking is my two-year old plays back there. We have a property line where you're going to put those dogs. So if one does get out -- I guess one of my other questions is, the dogs that you're going to be receiving, could they be violent? A. No. Q. But would you test this dog with a child? So if my child is back there and gets attacked, can you personally guarantee her safety, is what I'm asking. If they escaped, because you're saying you can't guarantee that, 100 percent guarantee, right? Can you ensure, 100 percent guarantee that they can't escape, at least one dog? A. To the best of my ability, they are not going to escape. Q. So you're saying that you can guarantee my daughter's safety back there? A. I'm not going to guarantee your daughter's safety back there. Q. That's what I'm wondering, from your dogs. A. My dogs are not going to escape to run over and 26 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 attack your daughter to the best of my ability. Q, But they're not your dogs, right? A. They're not going to be my dogs. Q. So you can't vouch for their characters? A. Well, there will be a screening when they come in because, again, I don't want to be dealing with a dangerous dog. And if they don't screen, they will not come into the kennel because I can't afford -- I don't want to get attacked by a dangerous dog. Q. But a dog is unpredictable, right? MR. RUNDLE: I think your question has been asked and answered, sir. MR. ORRIS: I have another question to follow up on that. BY MR. ORRIS: Q. Didn't you say that someone is going to be with these dogs at all times? A. Yes. Q. If everybody is doing their job, what's the possibility of a dog getting out? And in any case, a business like that has to carry liability insurance just by its nature. A. Yes. Q. So I think that if you're going to be there, therefore, it would be relatively safe. 27 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. RUNDLE: You have another question, Ms. Evans? BY MS. EVANS: Q. Yes. You are walking these dogs to the exercise area with a harness and a leash? A. Yes. Q. And that alone can't be deemed perfectly safe because there's no barrier between -- MR. RUNDLE: Ma'am, are you asking a question, or are you giving a statement? BY MS. EVANS: Q. Do you think that that's safe? I mean, dogs can lurch, dogs can pull. You get a big dog, you're walking it to the exercise area, do you think that's safe? A. To the best of my ability, it will be a safe environment. Again, as these animals come in -- and I've worked with animals for a very long time, and I don't want to be in the position of working with dangerous dogs. MR. RUNDLE: Anyone else have a question? Yes, sir? MR. DIEHL: My name is Rodger Diehl. I live at 50 Diehl Drive which is directly behind this property. MR. RUNDLE: What is your question to Ms. Atar? BY MR. DIEHL: Q. I think you're referring to -- this lot up here, 28 • • ~J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 which lot are you referring to? Lot number 1 or -- this lot here -- MR. BUNDLE: Sir, for the purposes of the court reporter, she can't tell what you're saying by this lot here. Which lot are you referring to? MR. DIEHL: 6.95 acres. I don't know what your numbers on there. This one that refers to -- MR. BUNDLE: I believe that is tract 3. Now, what's your question? BY MR. DIEHL: Q. Did you say awhile ago that right now you have no plans for that but maybe eventually you will have something going here? A. For here? Q. Yes. A. Not that would involve the kennel, no. Q. Are you aware of any deed restrictions on that lot? A. On this lot? Q. Yes. A. I'm not aware of any deed restrictions. MR. DIEHL: Could I make you aware of that? MR. BUNDLE: Not at this point. But she's also said that lot was not being used for the business, sir. BY MR. DIEHL: 29 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. This is a barn here you said you were planning on putting the kennel in, right? A. Yes. Q. I know you had mentioned about how close, narrow this lot is. Do you know how close they are to some of these other properties, what's right alongside of it? How many feet do you suspect that this one here is to this house over here? MR. RUNDLE: Sir, again, the court reporter can't understand what your question is. You're just saying this here, this here. You're going to have to describe what you're asking. BY MR. DIEHL: Q. How close is that barn to the neighboring property, Mr. Corman? How close is that to his house? A. About 70 feet. Q. And that's where your kennel will be, correct? A. The indoor building, yes. The indoor kennel will be in that location. Again, it's not going to be -- Q. You said your play area, you say it's inside, or is it just a wired area? A. There will be an inside play area. There's also going to be a walking, and there will be an outside. Q. Did you say you have to the rear a fenced area of some kind for a play area? 30 ~~ ~_J r~ • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. Q. Which is going to be open, though, right? It's not going to be enclosed? Dogs will not be inside of a building, they'll be inside of a fenced area? A. A fenced area with myself in that fenced area. MR. DIEHL: That's all I have right now. MR. RUNDLE: Yes, sir. Come forward. Give your name, sir. MR. Corman: My name is Richard L. Corman. I live at 2281 Waggoner's Gap Road. I'm adjacent right to the neighbors here. BY MR. Corman: Q. My question for you is, now, you stated you're going to have or hope to have 21 dogs. Now, who do you answer to as far as inspections, requirements? Suppose you do get this license; well, next year you want 41 dogs and 61 dogs and then -- what kind of licensing or permit will you have for what amount of dogs? A. It's not going to be a monstrous operation. I know you have to have a state license for it. We're also going to be licensed by the American Kennel Boarding Association, and they will come out and examine the buildings. MR. Corman: I'll need to follow up with a statement then. Thank you. 31 • t • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. RUNDLE: Any other questions? Ma'am, come forward. Your name, ma'am. MS. WOHLER: Mary Wohler, W-o-h-l-e-r; 70 Easy Road. BY MS. WOHLER: Q. And my question is, you said your hours were I think mostly daily through the week and until noon on Saturday. If someone is dropping off a dog and they needed to pick it up on Sunday and you don't have hours, how will you be handling that? A. This is going to be by schedule and appointments, and that won't be -- they'll pick it up Monday or Saturday before 12. MS. WOHLER: I had another question. I forgot what it was. May I come back if I think of it? MR. RUNDLE: Yes. Yes, sir. Come forward. MR. WOHLER: Donald Wohler; 70 Easy Road. BY MR. WOHLER: Q. The barn, is it two-story block? A. Yes. Q. So when you move upstairs, there will be, what you're saying, is sound? A. Yes. Q. Now, I also get the picture that this is, the 32 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lot where the barn is is kind of narrow, a little bit over 100 feet, and you got to stay at least 100 feet away from the neighbor people. So we're going on back to tract 2 for the play area. MR. RUNDLE: No, sir. You're misstating the requirement of the ordinance. BY MR. WOHLER: Q. Is it true that the lot is not much over 100 feet wide? A. It's 115.96. Q. So nowhere along there you could put this outdoor play area; you'd have to go back to tract 2. Is that correct? A. Yes. Q. And tract 2 would be about how far from the barn. MR. RUNDLE: Sir, so you understand, it's tract 1 on the exhibit, the rear parcel. BY MR. WOHLER: Q. The rear parcel, how far from the barn? A. I don't -- Q. Isn't the lot 400 and some feet in total length with the house on it? A. Tract 2, I think, is 400.5 foot. Q. It appears, doesn't it, that it's most of 200 33 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 feet to the next line of the next property. And wouldn't you have to move into that some distance to maintain a 100-foot minimum to your neighbor's property line? A. Yes. Q. Wouldn't it be then maybe 220, 30, 40, 50 feet to travel from the dog kennel to the outdoor play area? Considerable distance. A. I don't think it would make -- I mean, I take my dogs for a walk. I don't know why -- Q. Are you aware that in a week there's 168 hours? And I understand so far, am I correct, that that's divided by you and your sister? A. Um-hum. Q. A lot of hours divided by two, is it not? I'm wondering, especially with this 230, 40, 50 feet away play area and the two-story dog kennel whether you can keep up with it. Do you think you can? A. Yes, I do. WOHLER: RUNDLE: WOHLER: RUNDLE: really, to neig That's all for now. Any other questions? I remember now. Ms. Wohler? really curious about this because hoors, I mean, these properties are MR. MR. MS. MR. BY MS. WOHLER: Q. I'm being so close 34 ~~ • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 very close to Mr. Orris and to -- MR. RUNDLE: What's your question of Ms. Atar? BY MS. WOHLER: Q. Well, my question is, what came first; the property or the kennel? Did the kennel plan come first, or did you buy the property -- I'm just curious. A. It's kind of been my dream to have a horse. What else I would love to do? This was it. Q. So you bought the property with intensions of trying to put the kennel there. Is that what you're saying? A. I wouldn't say specifically. I wanted to have a horse hopefully one day down the road. I can have this with this large piece of property. MS. WOHLER: That answers my question. MR. RUNDLE: Any other questions? Board members? BY MR. HARE: Q. Jody, the property which is labeled as tract 1 you said you might have -- I think you made a comment that you may have some uses for that down the line. What might that be? A. A horse hopefully. Q. Horse boarding? 35 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. For my horse. Q. For your own horse? A. Yes. Q. Are you thinking of boarding horses commercially? A. No. Q. So it's just horses for your own use? A. Yes. MR. HARE: That was the only question I had. BY CHAIRMAN HERMAN: Q. I have several questions here. Are you going to do any obedience training, any kind of training? A. No. Q. You're strictly boarding or baby-sitting the dogs while the people go on vacation? A. Exactly, yes. Q. Approximate length of stay? A. I'm going to guess a week to two weeks is generally how it runs. Q. Did you do a feasibility study to see whether there is that need in this area? A. Well, yes. Q. And you're, obviously you feel there is. Do you have any idea of expanding your business? And if you do, will you hire more help? 36 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes, that is a possibility. Q. Would you walk more than one dog at a time? A. It depends on -- small dogs, yes. Q. You would walk them for exercising on a leash, right? A. Yes. Q. The size of the dogs and the strangeness of new dogs coming in, you don't think there will be a lot of barking and distraction, noise applied to the area? A. Do I think there's going to be -- will a dog bark? A dog will bark. I mean, again, the idea of this kennel is to minimize stress which makes -- most of the kennels that everyone thinks of is a dog sitting there bored, stressing, barking. This isn't going to be that kind of operation. It's going to be very interactive. Again, the rooms are going to be -- there are going to be rooms. There's going to be sound playing, you know, music playing, that sort of thing. Q. You will have enclosed partitions that one dog can't see the other dog next door? A. Yes, which also is helpful. Q. Now, you have rest rooms listed on here. That's for the public? A. That's for our use. It's not going to be 37 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1° 2C 21 2c 2 :: 2~ 2` public. Q. And you have a wash room, so you will be at times washing the dogs and that sort of thing? A. Not dogs. It's not going to be a -- there's dishes and things. Q. Individual dog? MR. HARE: She said dishes. BY CHAIRMAN HERMAN: Q. How about if the dog gets itself all soiled? A. Well, yes, if he gets himself soiled, he's going to need to be cleaned. CHAIRMAN HERMAN: No further questions. MR. RUNDLE: Did you wish to offer any other testimony? Do you have a question? MS. KELLEY: Yes. MR. RUNDLE: Come forward. Your name? MS. KELLEY: I'm Evelyn Kelley, and I live at 2581 Waggoner's Gap Road. MR. RUNDLE: What is your question to Ms. Atar? BY MS. KELLEY: Q. Are you going to keep those dogs muzzled when you take them out? Now, we went through this years ago when my husband and I was working, and those dogs barked all night. Now I'm retired. 38 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. RUNDLE: Ma'am, again, this is not a time for testimony; it's a time for a question. BY MS. KELLEY: Q. Are you going to keep those dogs muzzled when you take them out? A. No. They won't be noisy. Q. And they're not going to bark? A. They're not going to be barking. Q. You can't tell me that; I know better. We went through that. I've lived in that neighborhood for 57 years. MR. RUNDLE: questioning. If you w that. Do you have any MS. KELLEY: she's keeping the dogs MR. RUNDLE: questions? Ma'am, again, this is the time for ish to give testimony, I'll call for other questions? Well, I just wanted to know if muzzled. And she answered that. Any other MS. KELLEY: No. MR. RUNDLE: Yes, ma'am, come forward. MS. GILLAN: It's not specifically for -- well, actually, this is my si ster. I'd like to -- MR. RUNDLE: This is only a time for a question of the witness. MS. GILLAN: Can I ask the witness something? 39 r L._~ • ~' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. RUNDLE: State your name first, ma'am. MS. GILLAN: My name is Becky Gillan, and I live at 1359 Swope Drive in Boiling Springs. My question is, are you aware of any previous kennel that was in the area that was a problem? Are you aware of any previous kennel that was in the area that obviously seems to be a problem? A. Well, I know of -- I understand their concerns. Q. Are you aware that there was a previous kennel in that area? A. Yes. Q. Do you know what kind of kennel that was that was in the area? A. It was, I believe, breeding -- I don't know. I don't know about it. I know there was one there. MS. GILLAN: Thank you. MR. RUNDLE: Do you have a question, ma'am? State your name. MS. MORRISON: Jody Morrison; 2330 Waggoner's Gap Road. Just a couple questions. BY MS. MORRISON: Q. The barn that you intend to house the animals in, do you see -- you have to do some refurbishing, obviously, to that barn. Are you expanding that barn? A. It will stay the same. 40 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And as far as the outside play area, what will the hours of play be? When will they be out there? Do you take them two or three dogs at a time? How many dogs do you anticipate taking out to the play area at one time? A. Again, depending on what size of dogs are boarding at a particular time, it will be a manageable number. If it's a large dog, it would be one. Q. And the hours that they would be out there; winter hours, summer hours, do you know? A. Well, the hours of operation are 8 to 5. Q. So that you would not have them after 5 outside in the play area? A. Probably not, no. They would be walked or walked around. There won't be dogs at night, if that's what your concern is. Q. Yeah, early evening. A. Yes. Q. Okay, You're saying no. And then you obviously have to clean inside the barn. A. Yes. Q. What kind of chemicals? How do you anticipate doing that? Because there will be chemicals and run-of.f and things like that? So what kind of chemicals will you be using? A. The stool will be picked up and put in the trash 41 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 can. I work in an animal hospital right now, and the waste will be picked up and put in the trash. There's a product now, Kenisol (phonetic) -- it's biodegradable -- which was used in the animal hospital, or bleach or that kind of thing. There won't be any kind of pesticides or chemical kind of thing. Q. But the bleach and stuff, you'll be hosing it down and using the bleach and stuff? A. Well, or mopping it. Q. And then you said there's a possibility of you going into grooming later? A. I'm not a groomer. Q. I understand that. A. You know -- Q. If that was a possibility, is that going to be in the barn or in a different -- A. Well, right now it's going to be in the barn. MS. MORRISON: I think that's it. Thank you. MR. RUNDLE: Any other questions? Do you wish to have anyone else testify, ma'am? MS. ATAR: Yes. MR. RUNDLE: And that would be? MS. ATAR: Mehdi Atar. 42 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MEHDI ATAR, called as a witness, being duly sworn, was examined and testified as follows: MR. RUNDLE: State your name, sir. THE WITNESS: My name is Mehdi Atar. I reside at 1359 Swope Drive, Boiling Springs, Pennsylvania. MR. RUNDLE: And you are? THE WITNESS: I am Jody Atar's husband. MR. RUNDLE: What testimony do you wish to provide this evening. THE WITNESS: I am here to support her, to support her testimony. She is going to be opening and operating this dog kennel at 2260 Waggoner's Gap Road, and I am here to answer any questions that there might be. MR. RUNDLE: Will you be involved in the operation of the kennel. THE WITNESS: Absolutely not, unless needed; an emergency, she is not there or there's a problem. I'll be residing there, so I am sure I'll be roped into helping out. I can guarantee that. MR. RUNDLE: Do you wish to ask him any questions, ma'am? MS. ATAR: No. MR. RUNDLE: Does the board have questions of Mr. Atar? 43 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY CHAIRMAN HERMAN: Q. You just raised an issue there. How about in case of sickness or hospitalization for either she or her sister, who's going to take over? A. We have three adult children. One of my daughters is going to be graduating from Penn State this August, and I can guarantee you she doesn't have a job, so she'll be living with us, I'm sure. I'll be there. And there are talks down in the future when the business grows or when we have emergency situation, we will have other people that are going to help us out; me, my daughter, my two sons, both adults, and, you know, friends. And there are people that she works with at the Boiling Springs Animal Hospital right now that. they will be more than happy to take on a part-time job with her. They'd love to come out and work with her. Q. And you feel that these folks would be qualified to give the same type of abilities to maintain the integrity of everything there? A. Absolutely. MR. HARE: I'd like to ask a question of Jody. Jody, if we would grant you permission to do what you're asking for here and put a limit that you cannot board more than 20 dogs and 18 cats, is that acceptable? MS. ATAR: Sure. Yes. 44 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BUNDLE: Now, is there any member of the public that wishes to offer testimony? Ladies first. SANDY EVANS, called as a witness, being duly sworn, was examined and testified as follows: MR. BUNDLE: For the record, state your name. MS. EVANS: Sandy Evans. We own the property on 2281 Waggoner's Gap. Jody, I appreciate your love for animals. I love dogs too. But I can tell you if my dog was in your kennel, even if you played with him and played music, it would be nonstop barking because he would want to be home. I just think this is wrong on so many levels. We just purchased this house. Two weeks ago we closed. And we purchased it because of the serenity, the beauty, the peaceful backyard. And our daughter and son-in-law, who just separated from the military, have moved in there. They're buying the house from us. And just to have a two-year old granddaughter in that backyard while dogs are being walked on a halter just scares me to death. So with the safety issue, and then there's a noise issue. Even if it's during the day that you've got those dogs out there, they have a big dog. That dog's going to bark. My son-in-law often works nights, and so 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 his time to sleep is during the da I just think it's wrong a safety level and just to do this the houses are so close together. come around and asked people first this on us. Y• on a noise level and on to a neighborhood where I wish you would have rather than imposing ~~ ~~ • MR. RUNDLE: Do you have any questions you wish to ask her? MS. ATAR: No. CHAIRMAN HERMAN: I didn't clearly hear everything you were saying. Something about your two-year old granddaughter? MS. EVANS: Yes. We bought the property. Our children just separated from the military, so they moved to this area to this home because of the peaceful tranquillity. It is a beautiful location, nice views, just tranquil. And so our two-year old granddaughter is out there playing. And it just scares me to death to think of her safety with that distance where dogs are being walked. And you say someone will always be with the dogs, but that doesn't make sense. If there's one person working, you can only walk two dogs at a time to an exercise kennel. You've got to go back. It's right on the back of the property that our kids 46 • t • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are at. CHAIRMAN HERMAN: Thank you. RICHARD L. CORMAN, called as a witness, being duly sworn, was examined and testified as follows: MR. RUNDLE: For the record, state your name again. MR. Corman: Richard L. Corman; 2271 Waggoner's Gap Road. First I'd like to welcome you both to the neighborhood, and we love horses. I have to admit that I do feel that there's questions here we have to address. I mean, we have ordinances we have to abide by, and one of them is 100 foot from the property line. My bedroom alone is not more than 85 feet away from the proposed building that Mehdi here would like to convert into this kennel. MR. RUNDLE: Sir, let me interrupt your testimony for a second. The 100-foot requirement was for the outside exercise area to the property line, not an enclosed building. Now, if you wish to proceed with your testimony. MR. Corman: Okay. That is my statement there. And, like I say, welcome to the neighborhood. MR. RUNDLE: Mr. Orris? 47 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FRED B. ORRIS, III, called as a witness, being duly sworn, was examined and testified as follows: MR. RUNDLE: For the record, state your name again, Mr. Orris. MR. ORRIS: Fred B. Orris, III; 2241 Waggoner's Gap Road. I live probably not more than about 30 feet to where my bedroom is. And I remember a previous owner having dogs that barked all day when I was trying to sleep, all day, five Australian sheepdogs. I don't see any problem with an internal type kennel. Now, I do understand the concerns about walking dogs in that distance. But if dogs are going to bark, that's a training issue, and dogs can be trained not to bark at other dogs if you train them properly. Now, I have that divided driveway. In fact, I think they'll admit they have probably a bicycle, not much bigger. They can't get into their property without going on mine. I've lived there 30 years. Our family has h.ad that property approximately 80 years, maybe a little bit more. That driveway has always been divided. There has never been an agreement or use of a right-of-way, and I don't see any reason for that to happen now because I'm not going to sign a lease or right-of-way or anything like 48 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. And if anyone should be complaining, it should be me; I'm right next door, and I'm not. And, yes, welcome to the community. Thank you. ALAN OCKER, called as a witness, being duly sworn, was examined and testified as follows: MR. RUNDLE: For the record, your name again, sir? MR. OCKER: Alan Ocker; 121 Echo Road. My testimony is that my biggest concern is about the chemicals and chemicals that are being used and the quality of the water that's going to be left in the surrounding areas. So my testimony would be I do not want to lose my well and have my well contaminated by chemicals that may or may not be used in this area or spilled in this area accidently and the amount of water that's being used. MR. RUNDLE: Thank you, sir. Come forward, ma'am. MS. WOHLER: Mary Wohler; 70 Easy Road. MARY WOHLER, called as a witness, being duly sworn, was examined and testified as follows: MS. WOHLER: I just want to say I respect what you're doing. I think that maybe the whole situation could 49 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have been done a little bit differently to not upset maybe people. I do have some issues that I'm very concerned about that haven't necessarily been totally resolved for me. I want to also mention that we live on Easy Road. The way the wind blows, we catch a lot of noise. Just the other day we were out walking and someone was playing the radio on North Middleton Road; we could hear it clear up on Echo Road. So the sound carries through this area very strongly. So I'm not totally convinced the barking issue is resolved. I think that nobody has even come close to addressing the issue of property values and what it's going to do to people, especially those that live on Waggoner's Gap really, really close to this kennel. And I also just want to make a statement that when the Funny Farm existed, the kennels on Echo Road, we have lived in our house on Easy Road since 1982. And when those kennels were there, we couldn't use our front yard. The noise was offensive. And so that was from the barking of the dogs and that sort of thing. I just want to make that as a general statement. I think you need to keep in context the way the wind blows, the sound travels, and it really does through this particular area. 50 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRMAN HERMAN: Question. Were those kennels that you`re speaking of enclosed, or were they -- MS. WOHLER: I have no idea what they were. I just know they were noisy. I never went there. We never boarded our dog there. I was never back to see them, so I don't know the answer to that. I just know there were kennels. I know that when we moved there and the first time I heard them, I thought where is this coming from. And after inquiring, that's what I found out. I understand they may be closed now. But they were loud. MR. RUNDLE: I have been lax, Ms. Atar. Did you wish to ask any questions of any of the individuals that have been giving testimony? MS. ATAR: No. MR. RUNDLE: Any other individual wish to give testimony? Yes, sir, in the green shirt. MR. DEWALT: William Dewalt, 51 Echo Road. WILLIAM DEWALT, called as a witness, being duly sworn, was examined and testified as follows: MR. DEWALT: Barking dogs are not welcome where I can hear them. I don't have a dog. That's one of the reasons. So think about it. 51 U • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. RUNDLE: Any questions for him, ma'am? MS. ATAR: No. MR. RUNDLE: Thank you, sir. Any other testimony? RODGER DIEHL, called as a witness, being duly sworn, was examined and testified as follows: MR. RUNDLE: Your name, sir? MR. DIEHL: Rodger Diehl, 50 Diehl Drive. First of all, I'd like to thank Mr. Weeks for recusing himself because he was the owner of the kennel that was in the neighborhood. And I also want to thank him and make part of the record that we're glad he closed it. We put up with that kennel a lot of years. MR. RUNDLE: We're dealing with this kennel, sir. What's your testimony tonight? MR. DIEHL: My testimony is I don't want to hear it again; simple as that. I mean, it was very nerve-racking. And this lady here who just testified is probably a quarter of a mile away from that particular kennel, and she's here voicing her opinion against this one because it's even closer. I mean, weekends when everybody drops their dogs off in the summertime; you're planning a picnic, that is 52 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the worst times; holidays. And that will be their busy time. I mean, all these people here tonight are here because what we put up with in the past. We guarantee we're not in favor of it happening again. MR. RUNDLE: Thank you, sir. Anyone else wish to give testimony? DOROTHY HANDSHEW, called as a witness, being duly sworn, was examined and testified as follows: MR. RUNDLE: Your name, ma'am? MS. HANDSHEW: Dorothy Handshew; 2181 Waggoner's Gap Road. I've lived there for 58 years, and we could hear Mr. Weeks' dogs barking constantly, and I will not put up with it again. I guarantee you that. Thank you. MR. RUNDLE: Any questions, Ms. Atar? MS. ATAR: No. MR. RUNDLE: Thank you, ma'am. Anyone else wish to give testimony? JOHN BUCHENAUER, called as a witness, being duly sworn, was examined and testified as follows: MR. BUCHENAUER: My name is John Buchenauer. I live at 60 Pine Hill Road. I own the property at 2301 53 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Waggoner's Gap Road which is across the street from their property. It's all adjoining property. MR. RUNDLE: What's your testimony, sir? MR. BUCHENAUER: Mostly the same as that the best thing ever happened to us was air-conditioning for the last fiasco of a kennel, and I just can't see an enclosed one being that quiet. You know, welcome to the neighborhood, but I just see a problem with the noise and everything about it. I just wish it was a different use to the property. MR. RUNDLE: Thank you, sir. Any questions for him, ma'am? MS. ATAR: No. MR. RUNDLE: You can sit down, sir. Anyone else wish to give testimony? FAY MINICH, called as a witness, being duly sworn, was examined and testified as follows: MR. RUNDLE: State your name. MS. MINICH: Fay Minich; 41 Pleasant Hall Road. MR. RUNDLE: Where's that with respect to this property? M5. MINICH: It's part of the old Waggoner's Gap. It's right up the road. 54 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. RUNDLE: Okay. Your testimony? MS. MINICH: Even though I don't live on Waggoner's Gap Road and I live further away than most of the people here from the Funny Farm, I could hear their dogs too. And I know you're not going to be able to keep dogs quiet. Even though you may want to, they will not keep quiet. They're going to bark. That's all I have to say. MR. RUNDLE: Anything you want to ask her, ma'am? MS. ATAR: No. MR. RUNDLE: Anybody else? For the record, I see no one else. Ma'am, is there any other testimony you wish to give? MS. ATAR: No. MR. HARE: I have a question of Jody. Jody, the audience here I think predominantly is concerned about noise. What can you tell me about the construction of this barn, the reconstruction of this barn, if you will, the way you're going to do it? Do you have any experience, construction experience or other buildings made this way or whatever that you could testify to that says, yes, this construction keeps noise inside the building? 55 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. ATAR: I don't, but he does. He has experience. MR. HARE: I would ask it of you, sir. Same question. MR. ATAR: Yes, I do have experience, and I've been in the construction building business for the past almost 30 years. I am about to, I am in the process of getting my architectural license in the State of New York and Maryland. I am in process; I don't have it. Do I have experience with noise control? Yes. Is there such thing as a soundproof building? There is no such thing unless it's a recording studio or something. Will there be some noise? Yes. But I have also, I have been around the farmhouse with these bikes going around and ATVs and the dogs in the neighborhood that are barking. There is nothing we can do from hearing the dogs outside barking. Do I know of techniques to reduce the amount of noise? Yes. FCE has standards, sound transmission standards that can be applied, and the noise will be reduced tremendously. Will it be completely soundproof? There is no such thing. I don't know if that answers your question. MR. HARE: That's an answer. MS. ATAR: And also whatever the kennel was 56 • C • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 before, ours is not going to be that design. It's not going to be outdoor, which I think it's just paramount to the whole operation. I understand everyone's concern. It's not going to be that kind of -- it's going to be indoors. It makes a big difference. Less stress, less barking, they can't see each other, less interaction, they're not tuned to everything going on. The kennels that we've been to, it's caged side by side by side by side. One moves, they all know what ones doing, and that adds to their stress level which is unhealthy for the dog. I don't want to have that kind of environment for them. MR. HARE: Have you been to a kennel made like you're proposing? MS. ATAR: I have read about FCCA in New York City has designed these rooms and are highly recommended, but I have not actually literally been to that kind of a facility. MR. HARE: No questions. MR. ATAR: We will be -- we are planning on visiting facilities like that just to make sure if there's anything that we can better build a facility by visiting those. CHAIRMAN HERMAN: It is your intention then to 57 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 insulate the walls and put sound-deadening board on? MR. ATAR: Well, the walls right now, as Jody said, they're 8-inch masonry blocks, the exterior walls. The interior walls, the dividing walls, there will be 4-inch masonry walls with plexiglass on top 6 foot tall, plus plexiglass facing. CHAIRMAN HERMAN: The exterior walls are the ones that`s going to allow the sound -- MR. ATAR: Right. Those are the 8-inch masonry walls. CHAIRMAN HERMAN: But are you planning on putting an insulation board on that exterior wall to deaden the sound even more? MR. ATAR: Not on the inside because we are worried about the dogs getting into it. On the exterior, might be putting Styrofoam boards. CHAIRMAN HERMAN: You are aware that that would help considerably? MR. ATAR: Absolutely. MR. HARE: For the record, I would also say that under 204-14, which is the agricultural zone, under special exception uses, kennels are an allowed use under special exception 204-88. MR. RUNDLE: That is the purpose of tonight's hearing. 58 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRMAN HERMAN: Does the Township have a position on this? PAUL M. FEGLEY, called as a witness, being duly affirmed, was examined and testified as follows: CHAIRMAN HERMAN: Does the Township have a position on this? MR. FEGLEY: Yes, they do. In relation to this, the North Middleton Township Board of Supervisors held their workshop meeting on Thursday April the 26th, 2007. At this meeting, the board discussed the zoning application submitted by the Atars to run a dog kennel at their home on Waggoner's Gap Road. After reviewing the application, the board of supervisors had no comment regarding the request. CHAIRMAN HERMAN: No comment? MR. FEGLEY: No comment. CHAIRMAN HERMAN: Close the record. (The hearing was concluded at 10:07 p.m) 59 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within proceedings, and that this copy is a correct transcript of the same. 2 `~ Amy R. Fr' z, Notary Publ Registered Professional Rep ter The foregoing certification does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the certifying reporter. NOTARIAL SEAL AMY R. FRITZ, NOTARY PUBLIC CITY OF CARLISLE, CUMBERLAND COU MY COMMISSION EXPIRES INAY 23.2010 r. ~. «~ Y .~ ~'ti3 ~ ~L GO~ .chi v' ~ a ~~ } , .P ~ ~~ i. "D .+ .•• !~ ~' `~' C ~, c~ r-~ ~..~ a ~ -~ v cn~ • ~` ~~~ Z w ~ ~ "'~ m ,,. ~ t!~ ~ (~ v $ ..... ~ ~~ ..- w 'Q pM~ R C Z C~ C~ ~' I S t~ r m p ~~ ~~ ~. 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