HomeMy WebLinkAbout07-3422a
BOARD OF SUPERVISORS : IN THE COURT OF COMMON PLEAS OF
OF PENN TOWNSHIP, : CUMBERLAND COUNTY, PENNSYLVANIA
APPELLANTS,
v. 2007 -
ZONING HEARING BOARD CIVIL ACTION
OF PENN TOWNSHIP,
APPELLEES,
and ,
DANIEL FARWELL and
PATRICIA FARWELL,
APPELLEES.
NOTICE OF APPEAL
The Board of Supervisors of Penn Township by and through the Township Solicitor,
Marcus A. McKnight, III, and his firm of IRWIN & McKNIGHT, file this appeal from a deemed
appraisal of the Zoning Hearing Board of Penn Township, Cumberland County, under the
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 Section 1102-A of the
Pennsylvania Municipalities Planning Code, as reenacted, Act of December 21, 1988, R.L. 1329,
53 P.S. Section 1102-A and Section 933 of the Judicial Code as amended, 42 Pa. C.S.A. Section
933.
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2.
The Appellants are the Supervisors of Penn Township, a Second Class Township, situate
in Cumberland County, Pennsylvania with a mailing address of 1301 Centerville Road,
Newville, Pennsylvania 17241.
3.
The Appellee, Zoning Hearing Board of Penn Township, Cumberland County, has a
mailing address of 1301 Centerville Road, Newville, Pennsylvania 17241.
4.
The Appellees, Daniel Farwell and Patricia Farwell, are residents of Penn Township
residing at 1750 Walnut Bottom Road in Penn Township, Cumberland County, Pennsylvania
17241.
5.
In 2006 the Appellees, Daniel Farwell and Patricia Farwell, sought conditional use
approval for the construction of two (2) storage buildings for their personal use at their property
located at 1750 Walnut Bottom Road, Newville, Pennsylvania 17241. Their property was
located in the Penn Township Residential Zoning District.
6.
On February 28, 2007, the Appellees, Daniel and Patricia Farwell, filed with the Zoning
Hearing Board of Penn Township an Application for several variances from the Zoning
Ordinance of Penn Township for the construction of three (3) commercial buildings for rental
storage to third parties, known as a mini storage facility. The Appellees sought four (4)
variances.
a. A use variance from Article VII of the Zoning Ordinance where storage
facilities are not permitted in a residential zone;
b. A variance from Section 704(D) of the Zoning Ordinance regarding
maximum lot coverage;
C. A variance from Section 704(c)(4) requiring Special Buffering; and
d. A variance from Section 1246(F) which requires that doors be placed away
from adjoining residential properties.
7.
The Zoning Hearing Board of Penn Township set a hearing for Wednesday, May 9, 2007
to hear the application for variances of the Farwells. At the hearing the Farwells attended but
failed to submit any evidence claiming that the variances were deemed to be approved because
the hearing was held beyond the (60) days the application had been submitted to the Zoning
Hearing Board.
8.
On May 10, 2007, the Appellees published a Notice of the Deemed Approval of the
variances, a copy of which is attached hereto and marked as Exhibit "A".
9.
The Supervisors of Penn Township are parties to any application before the Zoning
Hearing Board of Penn Township.
10.
The Supervisors of Penn Township oppose the deemed approval of the four variances
sought by the Appellees, Daniel and Patricia Farwell, because they are contrary to the provisions
of the Penn Township Zoning Ordinance and the application is unable to show any legal
hardship which would permit the Zoning Hearing Board or any finder of fact to permit the four
(4) variances from the Zoning Ordinance sought by the Appellees, Daniel and Patricia Farwell.
11.
The Supervisors of Penn Township seek that the deemed approval of the Zoning Hearing
Board of Penn Township be reviewed and that this matter be remanded for a hearing before the
Zoning Hearing Board. In the alternative the Supervisors of Penn Township seek a hearing
before this Court to establish a record in this case.
WHEREFORE, the Appellants respectfully request that this Honorable Court reverse
the deemed approval of the Zoning Hearing Board of Penn Township as being contrary to law or
in the alternative remand this case to the Zoning Hearing Board of Penn Township for a hearing
as in the alternative for this Court to hold a hearing in this case to determine whether the
Appellees, Daniel and Patricia Farwell are entitled to the variances they claim were deemed to be
approved.
June 8, 2007
Respectfully submitted,
IRWIN & cKNIGHT
By:
nu rc ig I
Court I.D.: 254'
60 W mfret Street
Carlisle, PA 1
717-249-2353
Attorney for the Appellants and
Solicitor for the
Supervisors of Penn Township
EXHIBIT "A"
NOTICE
Notice is hereby given pursuant to the Pennsylvania Municipalities Planning Code, 53 P.S. § 10908,
that the Zoning Hearing Board of Penn Township, Cumberland County, has been deemed to have
approved the following application:
Application Number 2007-002 of Daniel and Patricia Farwell, 1750 Walnut Bottom
Road, Newville, PA 17241, to erect a mini-storage facility. The applicant seeks a
variance from Article VII; Section 704(D) Maximum Lot Coverage; Section
704(C)(4) Special Buffering; and Section 1246(F) Positioning of Doors.
The reason why the Zoning Hearing Board of Penn Township has been deemed to have approved
the above application is because it failed to commence, conduct, or complete a required hearing on
the application within sixty (60) days from the date it received the application. The applicants filed
the above application on February 28, 2007. Because the Zoning Hearing Board failed to commence
a hearing within sixty (60) days of that date, the above application was approved by operation of law
on April 30, 2007.
Carl C. Risch, Esquire
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
Dated: May 10, 2007
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BOARD OF SUPERVISORS OF PENN TOWNSHIP
APPELLANTS
Vs.
No. 07-3422 CIVIL TERM
ZONING HEARING BOARD OF PENN TOWNSHIP
APPELLEES
and
DANIEL FARWELL, and
PATRICIA FARWELL
APPELLEES
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY OF CUMBERLAND)
TO: ZONING HEARING BOARD OF PENN TOWNSHIP and DANIEL FARWELL
and PATRICIA FARWELL, APPELLEES
We, being willing for certain reasons, to have certified a certain action between
BOARD OF SUPERVISORS OF PENN TOWNSHIP, Appellants, v. ZONING
HEARING BOARD OF PENN TOWNSHIP and DANIEL FARWELL AND PATRICIA
FARWELL, Appellees, 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, J., our said Court, at Carlisle, PA., the
8th day of June.
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PENN TOWNSHIP
1301 CENTERVILLE ROAD, NEWV LLE, PA 17241
PHONE: 717486-3104, FAX: 717486-3522
www.penntwpcc.org penntwp@paonline.com
ZONING HEARING APPLICATION
Date Received MU MEME
Fee Received ?? soo, o Z' FEB 2 8 2001
Receiving Official ? S&,, I W'-aJ
Application Number ?oo?_ooa '
Please provide the following information. If additional space is needed, include a separate attachment for
each requirement.
1 • APPLICANT
Name: Daniel C. and Patricia A. Farwell
Address: 1750 Walnut Bottom Road
Phone: 776-5471
2. I HEREBY APPLY FOR:
() Special Exception
Variance
() Appeal from Determination by Zoning Officer or Municipal deer
() Validity Challenge to Zoning Ordinance/Zoning Map
() Zoning Text or Zoning Map Amendment
() Other (Describe)
3. APPLICANTS ATTORNEY
Name: Carl C . Risch
Firm: Martson Law Firm
Address: 10 East High Street, Carlisle, PA 17013
Phone: 717-243-3341
4. NEARBY PROPERTY OWNERS - Attach list of names & addresses of owners of all adjo' ' ro erti
and all properties located within 500 feet of the property at issue8 P P es
5. ATTACH SPECIFIC FORM(S) FOR THIS APPLICATION
6. ATTACH AN 8 1/2" X 11" COPY OF THE TAX MAP SHOWING THE PROPERTY AT ISSUE.
I hereby request a hearing on this application
I certify the above information and submitted exhibits to be true, correct, and complete. An informati
failed to supply may be grounds for Zoning Hearing Board to dismiss the application. y on I have
APPLICANT SIGNATURE
PENN TOWNSHIP
1301 CENTERVILLE ROAD, NEVWILLE, PA 17241
PHONE: 717-486-3104, FAX: 717-486-3522
www.Penntwpcc.org penntwp@paonline:com
VARIANCE
Please provide the following information. If additional space is needed, include a separate
attachment for each requirement.
i IF A USE VARIANCE:
Use for which Variance sought: Mini-storage facility
Zoning Ordinance Section. from which variance sought: Article. VII; section 704 -
Section 704(C 4 (D)?
2. 1F A DIMENSIONAL VARIANCE: (positioning of doors) d Section 6 (F)
Dimensional Requirement from which variance is sought:
Zoning Ordinance Section which imposes the requirement:
3. EXPLAIN HOW
A. The Zoning Ordinance provision referenced inflicts unn
Without the variance, the applicant will not be ablley thaar sroducpo ely use his
15.21 acre parcel which is residentially zoned. The proposed mini-storage
facilit is meant to be a home occupation business managed by a partially
disabled resident.
B. There are unique physical circumstances or conditions, includin
shallowness of lot size or shape, or exceptional too g ????' ???? or
to your property and that the unneces p graphical or other physical conditions peculiar
or conditions generally created by the p oviis provisions of the Zoning cOrdinance ns and not circumstances
district in which the property is located: The property is unusuall thlarge, unsubdiv e neighborhood or
and has road frontage on a busy road. Its use for residentiaYTsub- I- -d,
limito.a
C. That because of such physical circumstances or conditions, there is no Possibility that th
Property can be developed in strict conformity with the provisions of the Zoning e
that the authorization of a variance is therefore necessary to enable the reasonable Ordinance and
property: see B.
the
D. That the unnecessary hardship was not created b
ocation is reeistin by y°u The property size and
the zoning classification was imposed upon this
residential commercial property.
V , RIANCE (done) E. That the requested variance, if authorized, will not alter the essential character of the
neighborhood or district in which the property is located nor substantially or permanently impair
the appropriate use or development of adjacent property, nor be detrimental to the public
welfare: The property is more condusive to commercial use. A large scale
warehousing project will take place nearby. small se -s orage aci
where no one will work other than the applicant will generate neg igi e
traffic and noise.
F. That the requested variance, if authorized, will represent the minimum variance that will afford
relief and will represent the least modification possible of the relation in issue.
Of all possible commercial uses, the proposed self-storage facility will e
the least burdensome. It will provide negligible noise and.firaf.f'ic. It wi
be less burdensome on the neighborhood than many of the permitted uses
including agriculture, churches, and residential uses.
APPLICANT SIGNATURE ?t A
The Applicant is seeking a variande from Section 704(D) because the lot coverage
will be approximately 11.5%. The Applicant is seeking a variance from
Section 704(C)(4) because the project will be setback 51 feet from the west
property line. The Applicant is seeking a variance from Section 1246(F)
because it would be impossible to comply with this Section if a variance is
granted given'bhe subject property is residentially zoned.
PENN TOWNSHIP
CUMBERLAND COUNTY
BOARD OFSUPERVISORS
1301 Centerville Road
NewWUe, PA 17241
Tel: 717-486-3104; Fax: 717-486-3522
Email: penntwp(a)Daonline.eom
October 17, 2006
Mr. and Mrs. Daniel Farwell
1750 Walnut Bottom Road
Newville, PA 17241
RE: Conditional Use Hearing, October 12, 2006
Dear Mr. and Mrs. Farwell:
At the Board of Supervisors meeting held October 12, 2006, conditional use
approval was given for you to build two (2) 30 x 181 storage buildings. One building is
for a 20 x 30 gun shop with a 10 x 30 gun storage room and the balance for personal
storage. The other building is for storage of your Volkswagons.
The Board also informed you that you will need to do a Land Development plan
and submit to the Penn Township Planning Commission for their approval. You will also
need drawings of the building for your gun shop business, showing handicap accessible
parking and handicap accessible bathroom. This drawing is for building inspection
purposes.
If you should have any further questions, please don't hesitate to call.
Sincerely,
Patricia Sangialosi
Secretary
PENN TOWNSHIP BOARD OF SUPERVISORS
1301 Centerville Road
Newville, PA 17241
Tel: 717-486-3104; Fax: 717-486-3522
Conditional Use Hearing
Daniel Farwell
Daniel Farwell was present to ask for approval to build two 30 x 181 storage
buildings on his property at 1750 Walnut Bottom Road, Newville, PA. One of these
buildings will contain his gun shop business, with a gun storage room right behind and
the remainder for personal storage. The other building will be used to house his hobby of
collecting Volkswagen cars.
Dan also wants to build a third building, but that will be a Zoning Hearing Board
issue as he wants to use them for rental spaces.
Dan stated that he was told in April that all he needed was a variance to build
these three buildings. He was told that he should have obtained the variance before
zoning was enacted.
Matt McKnight reported you can't have rental spaces in a Residential Zone. Dan
stated he didn't ask to be zoned residential.
Dan wanted to know if he could break ground to get these buildings started and he
was told that he needed to do a land development plan for approval by the Planning
Commission before he can do anything.
Supervisor Barrick made a motion to allow Dan Farwell to build his two buildings
according to the conditional use application after submission of a land development plan.
Vice-Chairman Sheaffer seconded the motion. Motion approved.
Dan wanted to know if he wasn't moving his gun shop business, could he build
these buildings without a land development plan. Matt McKnight stated use matters and
you have to ask for what you want.
Dan wanted to know if he built these buildings across the street on the farm,
would he still have to do a land development plan. Supervisor Barrick stated that farm
buildings don't require a land development plan. Vice-Chairman Sheaffer wanted to
know if these buildings would be used as farm buildings and if not, a land development
plan is required. Vice-Chairman Sheaffer stated that he didn't say he couldn't build these
buildings, only that procedures need to be followed.
Respectfully submitted
141t4- UA_?l. NLLd
Patricia Sangialosi
Secretary
PENN TOWNSHIP, CUMBERLAND COUNTY
1301 Centerville Road
Newville, PA 17241
Tel: 717-486-3104; Fax: 717-486-3522
APPLICATION FOR CONDITIONAL USE APPROVAL
NARRATIVE:
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CONFOR M REMENTS:
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Applicants hereby agree to be bound by the representations and statements contained
herein.
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PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Tammv 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 13th, 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)
September 28, October 05, 2006
COPY OF NOTICE OF PUBLICATION
NOTICE
PENN TOWNSHIP
CUMBERLAND COUNTY
Notice is hereby given that on October 12, 2006, the
Board of Supervisors of Penn Township, Cumberland
County, Pennsylvania, during their regularly scheduled
meeting beginning at 7 PM, shall-hold a public hearing'
to oons der the fol owing conditional use application:
1. Applicant Daniel Farwell, 1750 Walnut Bottom
Road, Newvllle, PA 17241, is planning to move his
Gun Shop business from his house to a 30 x 181
Storage building. The shop will be 20 x 30 with a
10 x 30 storage room Jor guns and the remainder
of said building for p4rsonal storage. An additional
building to be built for storage of his cars.
Hearino shall be held at the Penn Township Municipal
Building, 1301 Centerville Road, Newville, PA.
A copy of the conditional use application will be available!
In the Township Office for public review.
Patricia Sangialosi
Secretary/Treasurer
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.
ja/m
Sworn to and subscribed before me this
11th. day of October 2006.
c
Notary P is
My commission expires: Q11oF
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Christina L. Woffe, Notary Public
Carlisle Boro. Cumberland County
My Commission Expires Sept. 1, 2008
Member, Pennsyivania Association Of Notaries
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PENN TOWNSHIP
ZONING HEARING BOARD MEETING
IN RE: APPLICATION 2007-002
ORIGINAL
STENOGRAPHIC RECORD OF HEARING HELD
AT PENN TOWNSHIP MUNICIPAL BUILDING
1301 CENTERVILLE ROAD
NEWVILLE, PENNSYLVANIA
WEDNESDAY
MAY 9, 2007
7:00 P.M.
ZONING BOARD MEMBERS:
HOLBERT G. MYERS, CHAIR
GARY MARTIN, VICE-CHAIR
TODD VOGLESONG, MEMBER
RICHARD MISLITSKY, SOLICITOR
RAMONA DEVLIN, REPORTER
NOTARY PUBLIC
486ntral is
rt Reporting Services
3-3657 • 717-258-3657 • 717-258-0383 fax
courtreporters4u@aol.com
JAMIOIS1O
2
1 MR. MYERS: Ladies and gentlemen, it is the
is 2 time appointed, 7:00. I'm going to ask that we bring these
3 proceedings to order. Mr. Martin, wait one minute. Those of
4 you who are filling out zoning hearing appearance request
5 forms just now at the start, I'd like you to give them to Mr.
6 Martin. I think you folks here on the front row are doing
7 that.
8 Is there anyone else present who wishes to
9 enter testimony tonight during these proceedings? This is
1o the last call to enter a zoning hearing appearance request.
11 Is there anyone else?
12 (Documents produced and marked as Township
13 Exhibit No. 1.)
14 MR. MYERS: You have yours already.
15 MR. McKNIGHT: Thank you.
16 MR. MYERS: Yes, sir.
THE WITNESS: I just want to enter my support.
17
MR. MYERS: If you wish to testify, sir,
18
19 you're going to have to fill out one of these forms. Mr.
20 Martin will be glad to help you with that. Would you like to
21 do that?
22 THE WITNESS: Yes, I guess.
23 MR.. MYERS: While we're getting that
24 accomplished, Penn Township zoning Hearing Board has a set of
25 guidelines for the conduct of public comment during a hearing
?0-4%4
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1 like this. There are copies of it by the door if you happen
2 not to have one. I want to make sure that all present
3 understand that this hearing will be conducted according to
4 those guidelines. And if you wish to have a copy, certainly
5 get one.
I'm going to announce for the record the
6
7 purpose of this hearing. This is as a result of hearing
8 application 2007-002 by Daniel C. and Patricia A. Farwell of
9 1750 Walnut Bottom Road, Newville, Pennsylvania, 17241 for a
1o variance to three portions of the Township Zoning Ordinance,
11 Article 7, Residential District, Section 704, Part C, Item 4:
12 Dimensional requirements, special buffering; second, Article
13 7, Residential District, Section 704, Part D: Maximum lot
14 coverage; and third, Article 12, Use Regulations, Section
15 1246, Part F: Position of doors on mini-storage units.
At this time, I'm going to identify the
16
17 participants by, first of all, identifying the Zoning Hearing
18 Board and the voting alternates. The list is under part
19 three in your agenda.
20 My name is Holbert Myers. I'm the Chair of
21 the Zoning Hearing Board. To my immediate left is Gary
22 Martin, the Vice-Chair of the Zoning Hearing Board. To my
23 immediate right is Mr. Todd Voglesong, and he is the third
24 member of the Zoning Hearing Board.
25 To my far right is Mr. Matt Farkas. He is a
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voting alternate and our solicitor, Mr. Rich Mislitsky. To
my immediate left is Seth Shafer, a voting alternate and Mona
Devlin, who is the stenographer tonight. Applicant's
counsel, you are?
MR. RISCH: Carl Risch. I'm with the Martson
Law Firm in Carlisle.
MR. MYERS: Other parties, sir, who are
testifying in support of this?
MR. RISCH: We have with us here tonight, Dan
Farwell and Patricia Farwell.
MR. MYERS: Are both going to be testifying?
MR. RISCH: Mr. Farwell probably will.
MR. FARWELL: I can say a few words.
3
MR. MYERS: You, Mr. Farwell, will be --
MR. RISCH: And Paul Wilson, the Applicant's
5
61 engineer.
7 MR. MYERS: Mr. Wilson?
8 MR. WILSON: Yes.
9 MR. MYERS: Mr. McKnight, we had received from
>0 you an appearance request as representative of Supervisors?
?1 MR. McKNIGHT: That's correct.
22 MR. MYERS: Your request was submitted prior
23 to May 2nd, so we'll go in the order that we received them.
24 We also received a Zoning Hearing request from David L.
25 Young. Is David L. Young present? All right.
5
1 What we'll do is, Mr. Risch, we will have Mr.
2 Farwell and Mr. Wilson testify initially. And then Mr.
3 Burgett, will have -- we will have you follow Mr. McKnight
4 and Mr. Young, if he makes an appearance, okay? We'll go in
5 that order.
I'm going to ask Solicitor Mislitsky now to
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7 enter into the record certain exhibits.
8 MR. MISLITSKY: Let the record reflect that
9 I'm going to identify the contents of the attached file.
10 Both counsel, Mr. Risch and Mr. McKnight have been given
11 copies, as well as the stenographer. If you would follow
12 along, I'd ask counsel to make sure that what I'm
13 identifying, you have.
The first is the Zoning Hearing application.
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15 It's a five-page document consisting of three pages, one map
16 and a list of landowners. You can mark these collectively as
17 Township 1. Is that acceptable counsel?
18 MR. RISCH: Sure.
MR. MISLITSKY: Next is proof of publication
19
20 in the Carlisle Sentinel, along with the copy of the notice
21 that was printed. The next is the request to have the
22 publication made to the Sentinel dated April 18, 2007; same
23 notice, same date, but to the Valley Times Star. The proof
24 of publication is the next document from Valley Times Star.
Zoning hearing request filed on behalf of Penn
25
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1 Township by Marcus A. McKnight, III, Esquire. Next is the
2 application for Township permit. I believe, and counsel can
3 correct me if I'm wrong, there was a conditional use
4 proceeding that was held before the Township Supervisors
5 sometime ago?
MR. RISCH: That's my understanding.
6
7 MR. MISLITSKY: What I have here, I believe,
8 is an application for Township Permit. It's signed by Daniel
9 Young. There is a handwritten date of 3/7/07 on the lower
1o right-hand corner.
11 At the end, there is stapled documents, which
12 consist of -- first page is minutes of the conditional use
13 hearing and signed by Patricia Sangialosi. Is that a correct
14 identification?
MR. RISCH: I believe it was signed by Daniel
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16 Farwell.
17 MR. MISLITSKY: The minutes first.
18 MR. RISCH: You referred to Daniel Young, I
19 believe, for the application.
MR. MISLITSKY: This document, the application
20
21 of attached permit, this is something that is separate from
22 that. Is it the same document?
MR. RISCH: Same document, yes. That is not
23
24 included in the stapled packet.
25 MR. MISLITSKY: So it was Mr. Farwell, sorry.
?-^?.
7
1 The next is the minutes from the conditional use hearing.
2 The next document is an October 17, 2006 letter addressed to
3 Mr. and Mrs. Daniel Farwell, signed by Pat Sangialosi,
4 Township Secretary.
The next, I'll identify collectively as the
5
6 application for conditional use permit, which consists of two
7 pages, signature on the third page, followed by a drawing at
8 the bottom, a graphic depiction of the layout, a document
9 entitled consent signed by multiple parties, proof of
1o publication in the Carlisle Sentinel and two pages of
11 drawings. I ask counsel, did all of you receive copies of
12 those things?
13 MR. RISCH: Yes.
14 MR. McKNIGHT: Yes.
MR. MISLITSKY: Any objection to the admission
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16 in the record?
17 MR. RISCH: No objection.
18 MR. McKNIGHT: No objection.
MR. MISLITSKY: Mr. Chairman, it is yours.
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MR. MYERS: If we got all the exhibits in,
20
21 then what we want to do is start the presentation of
22 testimony and we'll start with the Applicant, et cetera, and
23 we're going to ask that you identify yourself to the
24 stenographer and the stenographer is going to swear you in
25 for your testimony.
8
MR. RISCH: Two preliminary matters. Carl
1
2 Risch for the Applicant. When you read in the record what
3 variances we were requesting, you were mentioned three.
4 There is actually four variances that were applied for and
5 that's actually what was advertised.
The one that you missed just a general
6
7 variance from Article 7, with a semicolon after that. The
8 reason why that is in there is because many storage
9 facilities are not a permitted use in any of the categories;
1o therefore, we needed a general use variance from that article
i1 to have that use on this parcel.
12 So there were four variances; the first was
13 for the use of a mini-storage facility, which is a general
14 variance from Article 7, which was advertised in the group
15 publication. It is of the record. And the other three were
16 correct as you read them into the record.
17 MR. MYERS: Thank you.
MR. RISCH: The other preliminary matter, and
18
19 this is an awkward way to start; but in preparing for this, I
20 was reviewing the documents and I realized that this
21 application for variance -- for all four variances was filed
22 and received by the Township on February 28, 2007, which is
23 now of the record. There is a time-stamped copy on the one
24 that Mr. Mislitsky entered into the record.
0 25 That is 70 days ago from today. The
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Municipality Planning Code states that if a hearing does not
commence within 60 days of the application, it is approved by
operation of law on the 60th day. So on the 60th day, these
four variances were approved by operation of law; so there's
no need for us to have a hearing at all.
The Philadelphia lawyers would just opt not to
come tonight and just send you a letter saying that; but our
position is, is that we want the Township and the people of
the Township to be comfortable with what Mr. Farwell is
proposing.
We want to be able to answer questions. We
want to be able to put it on the record. We want people from
the audience to ask questions of Mr. Farwell and Mr. Wilson,
so that everyone is comfortable and understands what is going
I'm happy that Mr. McKnight is in attendance,
so the Township can have an opportunity to do that. That
3 being said, we don't want this to be taken as some kind of
9 waiver or some kind of position that is inconsistent with
0 what the Municipality Planning Code says, which is these four
1 variances were approved on the 60th day.
2 We would also want to request the Board, that
3 under the Municipality Planning Code, the Board shall give
4 notice within 10 days of the operation of law approval, of
5 the deemed approval.
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If the Board fails to do that, then the
Applicant can go ahead and do that and we will, although
today is the 70th day; so therefore, it just happens to be
within the timeframe for this Board to do that, and I would
ask the Board to entertain making that declaration at this
public meeting tonight and save everyone the effort of having
to give notice of that deemed approval.
As to how you'd like to proceed, I'll leave it
up in your hands. We have the witnesses here. We do want to
explain the project and answer questions.
MR. MYERS: Did we put this on our calendar at
our March -- excuse me, April 11th meeting? Excuse me, March
meeting?
MR. MISLITSKY: Are you asking me a question?
MR. MYERS: No. I'm saying we put this on our
calendar at our March meeting.
7 MR. MISLITSKY: This is not something that you
3 need to resolve today. I would just make a suggestion that
9 instead of concluding the hearings tonight, leave it open for
0 another hearing, so we can look into it.
1 MR. MYERS: You're going to have to advise me
2 here, because it was my understanding that we had responded
3 in a timely way by putting it on the calendar. So what do we
4 do?
,5 MR. MISLITSKY: You're going to conduct the
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hearing, take the evidence as counsel suggested. That is my
suggestion, that you take the evidence; but instead of
concluding and deliberating the hearing tonight, reschedule
it for a second hearing until we can look into the facts.
Specifically, what I'm referring to -- and I
remember Mr. Farwell appearing here with Mr. Wilson sometime
ago before the Planning Commission, and I need to take a look
at the minutes for that. I'm not sure if that was -- I'm not
sure why that occurred.
MR. MYERS: Then what we will do is we will
proceed. And the formality of the 70-day notice, what does
that entail?
MR. MISLITSKY: If, in fact, this is beyond
the 60 days; and you do not have an argument to the contrary,
it would be deemed approval.
And under the Code, you, upon written request
-- I would request something in writing -- the Zoning Hearing
Board would have the choice of publishing in the paper that a
deemed approval has occurred, or you can choose not to, which
i in this case, the Applicant -- and correct me if I am wrong,
counsel -- the Applicant would then file it on his own. But
the bottom line is that if it does conform to the MPC, then
3 it is a deemed approval.
MR. MYERS: So we shall proceed.
MR. RISCH: Proceeding, again, not in the
12
1 context of a hearing, but in good faith and moving forward
2 and putting on testimony for the sake of answering questions
3 and in the spirit of full disclosure. I'll call Mr. Wilson.
4 He can explain the project, what is being proposed here on
5 the various applications.
MR. MYERS: Please identify yourself.
6
MR. WILSON: My name is Paul Wilson, with
7
8 Dawood Associates.
9 (Witness sworn.)
10 BY MR. RISCH:
11 Q Please state your name for the record.
12 A My name is Paul Wilson, Dawood Associates.
13 Q And what is your relationship to the
14 Applicants, the Farwells, in this matter?
15 A I am the Applicant's engineer.
Are you familiar with the variance application
16 Q
17 that was submitted on February 28, 2007?
18 A Yes.
19 Q Are you familiar with the project as it has
20 been proposed for this location?
21 A Yes.
22 Q On Walnut Bottom Road?
23 A Yes.
24 Q Would you please explain to the Board what is
25 being proposed and what variances are being requested and why
s
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we need them for the project?
A What is being proposed here are three
mini-storage buildings for Dan Farwell's property. The first
building pavilion that is closest to Walnut Bottom Road shows
a 30-by-30 set-aside area for his relocated gun shop that he
is relocating out of his house.
Q Before you continue, to the best of your
knowledge, was this map submitted with the variance
applications submitted here?
A Yes.
MR. RISCH: Counsel, is this part of the
record already?
MR. MISLITSKY: The application -- the
drawing, I believe it is part of your application.
MR. RISCH: It is shrunk.
MR. MISLITSKY: Can I have the opportunity to
talk to the Zoning Hearing Board?
MR. RISCH: Absolutely.
(Break.)
MR. MISLITSKY: Just let the record reflect
that at the request of the Zoning Hearing Board Solicitor, a
meeting was held between the alternates and Zoning Hearing
Officers and myself.
It is my understanding that the Zoning Hearing
Board decided they will continue with testimony this evening
14
1 and that they will have a second hearing, which will be
2 scheduled tonight.
The Board is going to make a motion on both
3
4 issues I understand. Do you want to do that? The first one
5 is that we proceed with the evidence tonight.
6 MR. MYERS: I want to entertain a motion to
7 proceed with the testimony of this hearing tonight. That's
g going to be the first one.
9 MR. MARTIN: So moved.
10 MR. VOGLESONG: Second.
11 MR. MYERS: You've heard the motion. Is there
12 any need for further discussion before I call for a vote?
13 All right. All in favor indicate by saying aye.
14 (All indicate aye.)
MR. MYERS: Opposed? First motion to continue
15
16 the hearing has been passed. Second motion is that we set a
17 date for a second hearing, date to be determined with the
18 cooperation of everybody --
MR. MISLITSKY: To my knowledge, there is no
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20 requirements for a timeframe after this first hearing. Does
21 that conform with your understanding?
MR. RISCH: That is my understanding, but we
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23 are not in the middle of a hearing right now. I guess that
24 is the procedural confusion.
MR. MISLITSKY: Explain, please.
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MR. RISCH: Well, the variances are already
approved. They are approved on the 60th day by operation of
law. There is no action required by this Board to do
anything, because they have already done it by operation of
law.
We're now here, not giving testimony at a
hearing, we're here because there is a hearing scheduled; it
is inappropriate because it's after the 60th day, but
nevertheless, everyone is here in the spirit of neighborly
cooperation and answer your questions and full disclosure.
We're here willing to discuss things and we
will do it under oath about the applications that are
approved, but as for any subsequent hearings, there needn't
be and we would object to the holding of any hearing. There
is no hearing. The hearing is null --
MR. MISLITSKY: Well, you're going to have to
have it one way or another. You're going to rely on the fact
that it was a deemed approval and no evidence will be taken
or at their discretion; and I believe this is a discretionary
issue, schedule a second hearing, the purpose of which is the
Zoning Hearing Board is not familiar with how this -- what
transpired before the Township prior to them being forwarded
this application for a zoning permit.
There is going to need to be testimony on the
record as to what transpired before the Township governing
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MR. RISCH: I don't believe so, because the
variances are already approved. There doesn't need to be any
testimony at all. We've asked the Board to give notice of
the deemed approval.
If it chooses not to do so or to schedule
other meetings to which we need not attend, you know, that is
fine; but if the Board's decision is to proceed and not give
notice of the deemed approval, then we will simply give
notice of the deemed approval and move forward.
MR. MISLITSKY: That's your choice. The
concern that I have as solicitor for the Zoning Hearing Board
is that we read into the record a group of papers, which I
t was not sure what they are, nor is the Zoning Hearing Board.
It appears to be minutes of a conditional use hearing.
5 There is -- the Township has already become a
7 party to the action. They are going to need to present
8 testimony as to what transpired before the governing body.
9 This Board may not even have jurisdiction over this.
0 MR. RISCH: The Applicant will not be
1 participating in any hearings. There is no hearing. It is
2 impossible for this Board to hold a hearing. It is beyond
:3 its power. The variances have already been approved by
>4 operation of law.
?5 We came here hoping -- not to be given a hard
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time, we came here because I felt it was very important for
Mr. Farwell to have his witnesses available, because he
already made them available and Mr. Wilson here and his wife
here to answer any questions that the public may have and
we'll do it under oath and whatever makes this Board
comfortable.
It is not in a context of a hearing, because
this Board can't hold a hearing after the 60th day, and I --
MR. MISLITSKY: You may be right. What the
record lacks at this point, is testimony from a party as a
matter of record, the Township. We do not, and I don't know
and the Board does not know what transpired before this
application for a zoning permit was filed. It appears that
there was a request for a conditional use.
MR. RISCH: That is my understanding. It was
approved.
MR. MISLITSKY: It was approved?
MR. RISCH: Yes.
MR. MISLITSKY: Well, then, if this matter was
before the governing body as a conditional use, doesn't that
convey exclusive jurisdiction to the governing body, under
what is it, 912 or 913?
MR. RISCH: My understanding is that a
conditional use application was filed. Again, that was done
pro se, so I'm not sure of the procedures. Maybe Mr. Wilson
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can explain why exactly the conditional use application was
even filed; the issue with the use of the buildings, which
gave rise to the variance issue.
MR. MISLITSKY: Counsel, I understand your
argument. I just don't know what transpired before this
evening. The only way we're going to know what transpired is
to have evidence from the Township.
MR. RISCH: Okay.
MR. MISLITSKY: I discussed the alternatives
with the Zoning Hearing Board; and it is, I believe, their
choice to exercise discretion to have a second hearing. If
you turn out to be correct, you can call it a hearing with a
deemed approval. You can call it just an informational
session.
If there's a deemed approval, it is not going
to matter what happened, but the Zoning Hearing Board,
7 according to discussions, and the vote believes they need
3 some background on this to be able to make a decision.
9 MR. RISCH: I guess that's where I have
0 problem. I don't think the Zoning Hearing Board has the
1 discretion to make any decision. They already made the
2 decision.
3 MR. MISLITSKY: If they don't have
4 jurisdiction, the phrase is Latin meaning like it never
5 happened, so it wouldn't be an issue, if there's a
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jurisdictional question, and I don't know that yet.
MR. RISCH: The Farwells and Mr. Wilson and
myself are comfortable participating in any proceeding with
the understanding that -- and this should be on the record --
that the variances were approved, all four of them, on the
60th day as a matter of law because of the Municipality
Planning Code, Section 53 PS 10908; and that is really the
end of the conversation and -- because we believe strongly
that the neighbors and the Township and the Board or anybody
as a Township resident, should be given an opportunity and we
should take advantage of that opportunity and talk about the
project so everyone is comfortable with it, outside of the
context of a zoning hearing, because we can't have a zoning
hearing in the traditional sense because it is after the 60th
day.
MR. MISLITSKY: I understand your arguments
and technically this probably will come down to an issue of
law. It is your choice how you proceed. The Zoning Hearing
Board would like to hear your client's application and hear
the residents and give the people who came an opportunity to
speak.
I leave that choice to you. You are not
waiving your objection that the hearing is not necessary
because a deemed approval has occurred.
MR. RISCH: Okay. That's fine. Can the Board
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make a motion to that?
MR. MISLITSKY: That your argument that a
deemed approval is not being waived?
MR. RISCH: By choosing to participate in a
proceeding, giving testimony regarding the applications.
MR. MISLITSKY: What counsel is asking you is
that if you choose to proceed, we will proceed with the
understanding that Mr. Farwell is not waiving his legal
issue, legal argument, that a deemed approval has occurred;
and if that -- if you agree with that, then counsel is asking
you for a motion and a vote.
MR. McKNIGHT: I don't want to throw rocks at
what you're doing, but quite frankly, the Township, as a
party, isn't buying any of this. The bottom line is that if
there's a hearing tonight, we expect to cross-examine
witnesses and make a record.
That is why we are here, to make a record.
Quite frankly, if you don't want to make a record, you're in
the wrong place. Tonight, we're making a record.
MR. MISLITSKY: Wait a minute. Let the record
reflect that that is the Solicitor for Penn Township. Duly
noted. I think that will be your choice, whether you
cross-examine or not cross-examine.
The issue before the Zoning Hearing Board now
i is whether or not you will proceed taking evidence or
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testimony, with the understanding that Mr. Farwell is not, in
participating in this, not waiving his right to raise the
legal argument that a deemed approval has occurred. Do you
understand?
MR. MYERS: We do.
MR. MISLITSKY: It is up to you guys.
MR. MYERS: Entertain a motion that we proceed
with the understanding that Mr. Farwell is not waiving any
legal right to claim a deemed approval has occurred; that we
continue testimony in the interest of giving people who came
to appear, the opportunity to do so.
MR. MARTIN: Moved.
MR. VOGLESONG: Second.
MR. MYERS: Is there any need for me to
restate that motion or is there any discussion among the
Board?
MR. MISLITSKY: Is that satisfactory to
MR. RISCH: Well, satisfactory for respect and
I thank you for that. It is a very kind and courteous way to
approach something like that. But if the Township is not, as
Mr. McKnight said, buying any of this, and he wishes to go on
the record that he does not believe a deemed approval has
occurred and that our participation in a hearing somehow
waives that, I'd like to know that.
22
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MR. MISLITSKY: He would need to consult with
his clients before you ask him to take a position on this.
MR. McKNIGHT: I'm simply saying I'm not
agreeing to anything until we have a chance to look at the
facts, the records. And tonight, we're making a record.
MR. RISCH: Okay.
MR. MISLITSKY: Well, that's a non-answer.
MR. RISCH: Let me talk to my client.
MR. MISLITSKY: Did you vote on that?
MR. MYERS: We have not.
MR. MISLITSKY: Counsel, can they vote on that
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first?
MR. RISCH: Please.
MR. MYERS: If there's no further discussion
necessary, I'm going to ask for a voice to vote, all in favor
indicate by saying aye.
7 (All indicate aye.)
8 MR. MYERS: And opposed? Okay.
9 MR. MISLITSKY: May I request an adjournment
0 for 10 minutes?
1 MR. MYERS: Let's have a 10-minute recess
2 until 8:00.
3 MR. MISLITSKY: I would advise the Board that
?4 under the Rules, you are now acting as a quasi-judicial body.
25 You do not have contact with any of the parties.
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MR. MYERS: Understood.
(Break.)
MR. MYERS: If we can, we will reconvene.
MR. MISLITSKY: Before we took a 10-minute
recess, counsel requested an opportunity to speak with his
client. Have you done that?
MR. RISCH: We have.
MR. MISLITSKY: It is up to you now to present
testimony.
MR. RISCH: Our position at this point is the
variances were approved as previously put on the record on
the 60th day, that there is no ability here to hold a
hearing; and, therefore, we have decided, based on the
current situation, that we will not be putting on any
s testimony, because there is no hearing.
7 We would like to invite, if anybody has any
8 questions about this project, about these approved variances,
9 about what Mr. Farwell is going to be building, that we will
0 be happy to answer those questions out in the parking lot,
1 off the record.
,2 MR. McKNIGHT: On behalf of the Township, I'd
>3 like to ask that this then be adjourned tonight and that we
A reconvene for a second hearing. That will give me a chance
z5 to consult with my clients and present whatever evidence we
24
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2
3
4
5
6
7
8
9
10
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12
13
14
15
16
17
18
19
20
21
22
23
24
25
think needs to be done at a second hearing.
MR. MISLITSKY: I think you already voted to
have a second hearing?
MR. MYERS: We had proposed it. I don't think
we actually --
MR. MISLITSKY: You now have a request from
the Township, which is a party, as a matter of law, to
schedule a second hearing or proceeding.
MR. MYERS: Would it be in order to pose the
motion for a second hearing?
MR. MISLITSKY: Yes.
MR. MYERS: At a date --
MR. MISLITSKY: We're going to -- technically,
we reconvened this hearing.
MR. MYERS: Okay. The motion before the Board
would be a motion to reconvene this hearing at a date to be
determined or shall we set that date now?
MR. MISLITSKY: How would you like to do that,
counsel?
MR. McKNIGHT: Can we set the date now, that
way everybody knows.
MR. MISLITSKY: Do you have your schedule?
MR. RISCH: There cannot be a second hearing.
There cannot be a first hearing or proceeding.
MR. MISLITSKY: Counsel, your position is
25
1
2
3
4
5
6
7
s
9
1C
1]
1,,
1.
11'.
1
1
1
1
2
10
clearly on the record. When we refer to it as a hearing, we
understand that -- what your legal position is, that no
hearing is necessary. Will you at least indulge the
reference to a hearing?
MR. RISCH: No. We will not be participating
in any subsequent hearings. There are no more hearings.
MR. MISLITSKY: We are going to continue to
refer to this as a hearing. Your position is noted. I think
that is a little crazy, but -- I don't have a calendar here.
MR. McKNIGHT: You need to consult your
schedule to see what would work?
MR. MISLITSKY: I'll do the best I can to be
here when -- I'll change things around, unless I can't. If
you're going to have hearings on Wednesdays, they are
generally pretty good.
5 I have two concerns, to be honest with you. I
7 have a daughter graduating from Penn State in a few weeks and
8 a daughter graduating from Boiling Springs in a few weeks.
9 And if there are functions involving my children --
0 MR. MYERS: I don't know how -- what the time
1 constraints there may or may not be here. We typically meet
2 on Wednesdays. We do have a meeting already scheduled for
3 June 12th, I believe. Would that be an agreeable date to put
!4 into the motion?
,5I MR. McKNIGHT: Tuesday?
26
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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. MYERS: Maybe I gave the wrong date. What
is our next -- Wednesday, the 13th, pardon me.
MR. McKNIGHT: That would be fine, as far as
I'm concerned.
MR. MYERS: So we're still entertaining a
motion that this hearing be reconvened on Wednesday, June
13th at 7:00 in this place, noting the, already on the record
position, of this gentleman here, motion from Mr. Martin?
MR. VOGLESONG: Second.
MR. MYERS: Is there any need to further
discuss the motion? I'll call for a voice vote. All in
favor say aye.
(All indicate aye.)
MR. MYERS: All opposed? We have voted to
reconvene this hearing on June 13th at 7:00. That being
done, would it be appropriate to entertain a motion for
adjournment of this proceeding?
MR. MISLITSKY: Yes.
MR. MARTIN: So moved.
MR. VOGLESONG: Second.
MR. MYERS: Any further discussion of the
motion? All in favor say aye.
(All indicate aye.)
MR. MYERS: Opposed? We are adjourned. I
appreciate everybody for their forbearance.
27
E
0 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
1E
1i
1E
1?
2(
2:
2:
2:
2.
MR. MISLITSKY: I already advised the Zoning
Hearing Board and alternates that the Municipality Planning
Code says that you cannot speak with the parties and don't
discuss this matter with anyone. Don't go to the site.
Don't do anything without consulting with me and the two
other attorneys; understood?
MR. MYERS: Understood.
(The hearing adjourned at 8:05 p.m.)
S
i
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4
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16
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20
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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.
Ramona L. Devlin,
Reporter, Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
RAMONA L. DEVLIN, Notary Pubis
City of Harrisburg, Dauphin County
My Commission Expires Nov. 10, 2007
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.
wo(d I notex I
.0. 14; 23:13
00 [5] 1:10;
2:22; 26:7,15
5[1127:8
07 [1] 6:9
2:2; -7.
-1-
1 [2] 2:13; 5:17
10[2] 9:24; 22:20
10-minute [2) 22:21;
23:5
10908 [1] 19:7
11th [1] 10:12
12 [1] 3:14
1246 [1] 3:15
12th [1] 25:23
1301 [1] 1:7
13th [3] 26:2, 7, 15
17 [1] 7:2
17241 [1] 3:9
1750 [1] 3:9
18 [1] 5:22
-2-
006 [1] 7:2
2007 [4] 1:10; 5:22;
8:22; 12:17
2007-002 [2) 1:3;
3:8
28 [2] 8:22; 12:17
2nd [1] 4:23
.3-
3 [1] 6:9
30-by-30 [1] 13:5
.4.
4 [1] 3:11
.5.
53 [1] 19:7
-6-
W-- "
60 [2] 9:2; 11:14
60th [9] 9:3, 21;
15:2, 8; 17:8; 19:6,
7 [9] 1:10; 2:2;
3:11, 13; 6:9; 8:7,
14; 26:7, 15
70 [1] 8:25
70-day [1] 11:11
704 [2] 3:11, 13
70th [1] 10:3
-8-
8[2] 22:22; 27:8
.9-
9 [1] 1:10
912 [1) 17:22
913 [1] 17:22
.A-
ability [1] 23:13
able [3) 9:11, 12;
18:18
about [5] 15:12;
19:11; 23:18, 19
absolutely [1] 13:18
acceptable [1) 5:17
accomplished [1]
2:24
according [2] 3:3;
18:17
accurately [1] 28:2
acting [1] 22:24
action [2] 15:3;
16:17
actually [3] 8:4, 5;
24:5
addressed [1) 7:2
adjourned [3] 23:23;
26:24; 27:8
adjournment [2]
22:19; 26:17
admission [1] 7:15
advantage [1] 19:11
advertised [2] 8:5,
14
advise [2] 10:21;
22:23
advised [1] 27:1
after [5] 8:7; 14:20;
15:8; 17:8; 19:14
again [2] 11:25;
17:24
agenda [1] 3:19
ago [3] 6:5; 8:25;
11:7
agree [1] 20:10
agreeable [1] 25:23
agreeing [1] 22:4
ahead [1] 10:2
all [19] 3:2, 17;
4:25; 7:11, 20; 8:21;
9:5; 14:13, 14; 16:4;
19:5; 22:15, 17;
26:11, 13, 14, 22, 23
along [2] 5:12, 20
already [13] 2:14;
13:12; 15:1, 4; 16:3,
16, 23; 17:3; 18:21;
24:2; 25:22; 26:7;
27:1
also [2] 4:24; 9:22
alternate [2] 4:1, 2
alternates [3] 3:18;
13:22; 27:2
alternatives [1] 18:9
although [1] 10:2
am [2] 11:20; 12:15
among [1] 21:15
announce [1] 3:6
another [2] 10:20;
15:17
answer [5] 9:11;
10:10; 15:10; 17:4;
23:20
answering [1] 12:2
anybody [2] 19:9;
23:17
anyone [3] 2:8, 11;
27:4
anything [3] 15:4;
22:4; 27:5
appear [1] 21:11
appearance [4] 2:4,
10; 4:20; 5:4
appearing [1] 11:6
appears [2] 16:15;
17:13
applicant [6] 7:22;
8:2; 10:2; 11:20, 21;
16:20
applicant's [3] 4:3,
15; 12:15
applicants [1] 12:14
application [18] 1:3;
3:8; 5:14; 6:2, 8, 19,
20; 7:6; 8:21; 9:2;
12:16; 13:13, 14;
15:23; 17:13, 24;
18:1; 19:19
applications [4]
12:5; 13:9; 15:12;
20:5
applied [1] 8:4
apply [1] 28:14
appointed [1] 2:2
appreciate [1] 26:25
approach [1] 21:21
appropriate [1]
26:16
approval [18] 9:24,
25; 10:7; 11:15, 19,
23; 15:18; 16:5, 9,
10; 18:13, 15;
19:24; 20:3, 9; 21:3,
9,23
approved [13) 9:2,
4, 21; 15:2, 13;
16:3; 17:16, 17;
19:5; 23:12, 18
april [2] 5:22; 10:12
are [29] 2:4, 6; 3:1;
4:4, 7, 11; 8:9;
10:14; 12:16, 19, 25;
13:2; 14:23; 15:1, 2,
12; 16:3, 14, 17;
19:3, 22; 20:17;
22:24; 25:6, 7, 14,
19; 26:24; 28:2
area [1] 13:5
argument [5] 11:14;
18:5; 20:2, 9; 21:3
arguments [1] 19:16
around [1] 25:13
article [6] 3:11, 12,
14; 8:7, 10, 14
ask [10] 2:2; 5:6,
12; 7:11, 23; 9:13;
10:5; 22:2, 15;
23:23
asked [1] 16:4
asking [3] 10:14;
20:6, 10
associates [2] 12:8,
12
attached [2] 5:9;
6:21
attend [1] 16:7
attendance [1] 9:16
attorneys [1] 27:6
audience [1] 9:13
available [2] 17:2, 3
awkward [1] 8:19
aye [8] 14:13, 14;
22:16,17; 26:12, 13,
22,23
-B-
background [1]
18:18
based [1] 23:14
be [45] 2:20; 3:3;
4:11, 14; 9:9, 11, 12,
18; 10:3; 11:15;
14:1, 8, 17; 15:14,
18, 24; 16:3, 15, 20,
25; 17:9; 18:12, 18,
25; 19:4, 10; 20:22;
23:15, 19, 20, 23;
24:1, 9, 16, 23, 24;
25:5, 12, 16, 21, 23;
26:3, 6, 16
because [15] 8:8;
10:22; 15:4, 7, 8;
16:2; 17:1, 2, 7;
19:6, 8, 13, 14, 24;
23:16
become [1] 16:16
been [4) 5:10;
12:20; 14:16; 16:23
before [14] 6:4;
11:7; 13:7; 14:12;
15:22, 25; 16:18;
17:12, 20; 18:5;
20:24; 22:2; 23:5;
24:15
behalf [2] 5:25;
23:22
being [8] 9:18; 12:4,
25; 13:2; 15:22;
20:3; 26:15
believe [11] 6:2, 7,
15, 19; 13:14;
15:19; 16:2; 18:10;
19:8; 21:23; 25:23
believes [1] 18:17
best [2] 13:7; 25:12
between [1] 13:22
beyond [2] 11:13;
16:22
board [39] 1:1, 12;
2:24; 3:18, 21, 22,
24; 9:22, 23; 10:1,
4, 5; 11:18; 12:24;
13:17, 21, 25; 14:3;
15:3, 21; 16:4, 12,
14, 19, 22; 17:5, 8,
12; 18:10, 16, 20;
19:9, 19, 25; 20:24;
21:16; 22:23; 24:15;
27:2
board's (1) 16:8
body [5] 16:1, 18;
17:20, 21; 22:24
boiling [1] 25:18
both [3] 4:11; 5:10;
14:3
bottom [6] 3:9; 7:8;
11:22; 12:22; 13:4;
20:14
break [2] 13:19;
23:2
bring [1] 2:2
buffering [1] 3:12
building [3] 1:6;
13:4; 23:19
buildings [2) 13:3;
18:2
burgett [1] 5:3
buying [2] 20:14;
21:22
by [24] 3:1, 8, 17;
6:1, 8, 13,15: 7:3, 7,
9; 8:22; 9:2; 10:23;
12:10; 14:13; 15:2,
31 4; 16:23; 20:4;
22:16; 28:2
-C.
c [2) 3:8, 11
calendar [4] 10:11
16, 23; 25:9
call [6] 2:10; 12:3;
14:12; 18:12, 13;
26:11
came [4] 16:25;
17:1; 19:20; 21:10
can [18] 4:13; 5:16:
6:2; 9:17; 10:2, 20;
11:4, 19; 12:4;
13:16; 18:1, 12, 13;
19:25; 22:11; 23:3;
24:20; 25:12
can't [3] 17:8;
19:13; 25:13
cannot [3] 24:23, 24;
27:3
carl [2] 4:5; 8:1
Carlisle [3) 4:6;
5:20; 7:10
case [1) 11:20
categories [1] 8:9
centerville [1] 1:7
certain [1) 5:7
rtainly [1] 3:4
certification [1]
28:14
certify [1] 28:1
certifying [1] 28:15
cetera [1] 7:22
chair [2] 1:13; 3:20
chairman [1] 7:19
chance [2] 22:4;
23:24
change [1] 25:13
children [1] 25:19
choice [6] 11:18;
16:11; 18:11; 19:18,
22; 20:22
choose [2] 11:19;
20:7
chooses [1] 16:6
choosing [1] 20:4
claim [1) 21:9
clearly [1] 25:1
client [2] 22:8; 23:7
client's [1] 19:19
clients [2) 22:2;
25
10losest [1] 13:4
code [6] 9:1, 20, 23;
11:16; 19:7; 27:3
collectively [2] 5:16;
7:5
come [2] 9:7; 19:17
comfortable [5] 9:9,
14; 17:6; 19:3,12
commence [1] 9:2
comment [1] 2:25
commission [11
11:7
concern [1] 16:12
concerned [1] 26:4
concerns [1] 25:16
concluding [21
10:19; 11:3
conditional [9) 6:3,
12; 7:1, 6; 16:15;
17:14, 20, 24; 18:1
conduct [2] 2:25;
10:25
I nducted [1] 3:3
nform [2] 11:22;
14:21
confusion [1] 14:24
consent [1] 7:9
consist [1) 6:12
consisting [1] 5:15
consists [1] 7:6
constraints [1]
25:21
consult [3] 22:1;
23:25; 25:10
consulting [1] 27:5
contact [1] 22:25
contained [1] 28:2
contents [1] 5:9
context [3] 12:1;
17:7; 19:13
continue [5] 13:7,
25; 14:15; 21:10;
25:7
contrary[1] 11:14
control [1] 28:15
conversation [1]
19:8
convey [1] 17:21
cooperation [2]
14:18; 15:10
copies [3] 3:1; 5:11;
7:11
copy [4) 3:4; 5:20;
8:23; 28:3
corner [1] 6:10
correct [7] 4:21;
6:3, 13; 8:16; 11:20;
18:12; 28:3
counsel [17] 4:4;
5:10, 12, 17; 6:2;
7:11; 11:1, 21;
13:11; 18:4; 20:6,
10; 21:18; 22:11;
23:6; 24:19, 25
courteous [1] 21:20
coverage [1] 3:14
crazy [11 25:9
cross-examine [3]
20:15, 23
current [1] 23:15
-D-
d [1] 3:13
dan [2] 4:9; 13:3
daniel [5] 3:8; 6:8
15,18; 7:3
date [10) 5:23; 6:9;
14:17; 24:12, 16, 17,
20; 25:23; 26:1
dated [1] 5:22
daughter [2] 25:17,
18
david [2] 4:24, 25
dawood [2] 12:8,12
day [10] 9:3, 21;
10:3; 15:2, 8; 17A
19:6,15; 23:13
days [4] 8:25; 9:2.
24; 11:14
decided [21 13:25;
23:14
decision [4] 16:8;
18:18,21. 22
declaration [1] 10:5
deemed [17] 9:25;
10:7; 11:15, 19, 23;
15:18; 16:5, 9, 10;
18:13, 15; 19:24;
20:3, 9; 21:3, 9, 23
deliberating [1] 11:3
depiction [1) 7:8
determined [2]
14:17; 24:17
deviin [3] 1:16; 4:3;
28:10
dimensional [1]
3:12
direct [1] 28:15
disclosure [2] 12:3;
15:10
discretion [3] 15:19;
18:11, 21
discretionary [1)
15:19
discuss [3] 15:11;
26:11; 27:4
discussed [1] 18:9
discussion [4]
14:12; 21:15; 22:14;
26:21
discussions [1]
18:17
district [2] 3:11, 13
document [7) 5:15,
24; 6:20, 22, 23;
7:2, 8
documents [3] 2:12;
6:11; 8:20
does [7] 9:1; 11:11,
22; 14:20; 17:12;
21:23; 28:14
doesn't [2] 16:3;
17:20
doing [2] 2:6; 20:13
done [5] 15:4;
17:24; 23:7; 24:1;
26:16
door [1] 3:1
doors [1) 3:15
down [11 19:17
drawing [2) 7:7;
13:14
drawings [1] 7:11
duly [1) 20:21
during [2] 2:9, 25
fails [1] 10:1
faith [1] 12:1
familiar [3] 12:16
19; 15:21
far [2] 3:25; 26:3
farkas [1] 3:25
farwell [18] 3:8;
4:10, 12, 13, 14; 5:2;
6:16, 25; 7:3; 9:9,
E - 13; 11:6; 17:2;
effort [1) 10:6
else [2] 2:8, 11
end [2] 6:11; 19:8
engineer [2] 4:16;
12:15
entail [1] 11:12
enter [4] 2:9, 10, 17;
5:7
entered [1) 8:24
entertain [4] 10:5;
14:6; 21:7; 26:16
entertaining [1) 26:5
entitled [1] 7:9
esquire [1) 6:1
et [1] 7:22
even [2] 16:19; 18:2
evening [2] 13:25;
18:6
everybody [3] 14:18;
24:21; 26:25
everyone [4] 9:14;
10:6; 15:9; 19:12
evidence [8] 11:1, 2;
14:5; 15:18; 18:7;
20:25; 23:25; 28:1
exactly [1] 18:1
exclusive [1] 17:21
excuse [2] 10:12
exercise [1] 18:11
exhibit [1] 2:13
exhibits [2] 5:7;
7:20
expect [1] 20:15
explain [5] 10:10;
12:4, 24; 14:25;
18:1
.F-
f [1] 3:15
facilities [1] 8:9
facility [1] 8:13
fact [2] 11:13; 15:17
facts [2] 11:4; 22:5
20:8; 21:1, 8; 23:19
farwell's [1] 13:3
farwelis [2] 12:14;
19:2
favor [4] 14:13;
22:15; 26:12, 22
february [2] 8:22;
12:17
felt [1] 17:1
few [3] 4:13; 25:17,
18
file [2] 5:9; 11:21
filed [5] 5:25; 8:21;
17:13, 24; 18:2
fill [1] 2:19
filling [1] 2:4
fine [3) 16:8; 19:25;
26:3
firm [1] 4:6
first [12] 3:17; 5:14;
6:12, 17; 8:12; 13:3;
14:4, 8, 15, 20;
22:12; 24:24
five-page [1] 5:15
folks [1] 2:6
follow [2] 5:3, 11
followed [1] 7:7
forbearance [1]
26:25
foregoing [1] 28:14
formality [1] 11:11
forms [2] 2:5, 19
forward [2] 12:1;
16:10
forwarded [1] 15:22
four [6] 8:4, 12, 21;
9:4, 20; 19:5
frankly [2] 20:13, 18
from [16] 4:19, 24;
5:24; 6:21; 7:1; 8:7,
10 14 25• 9.12
functions [1) 25:19
further [4] 14:12;
22:14; 26:10, 21
-G-
g [1) 1:13
gary[2) 1:14; 3:21
gave [2] 18:3; 26:1
general [3] 8:6, 10,
13
generally [1] 25:15
gentleman [1] 26:8
gentlemen [1] 2:1
get [1] 3:5
getting [1) 2:23
give [8] 2:5; 9:23;
10:7; 16:4, 8, 9;
19:20; 23:24
given [3] 5:10;
16:25; 19:10
giving [3) 15:6;
20:5; 21:10
glad [1] 2:20
go [5] 4:23; 5:4;
10:2; 21:22; 27:4
going [25] 2:2, 19;
3:6,16; 4:11; 5:6, 9;
7:23, 24; 9:14;
10:21, 25; 14:3, 8;
15:16, 17, 24; 16:17;
18:6, 15; 22:15;
23:19; 24:13; 25:7,
14
good [2] 12:1; 25:15
got [1) 7:20
governing [4] 15:25;
16:18; 17:20, 21
graduating [2]
25:17,18
graphic [1] 7:8
group [2] 8:14;
16:13
guess [3) 2:22:
14:23; 18:19
guidelines [2] 2:25;
3:4
gun [1] 13:5
guys [1] 21:6
17:10; 18:7; 24:6; - H -
25:17, 18; 26:8
front [1] 2:6
full [2] 12:3; 15:10
fully [1] 28:2
had [3] 4:19; 10:22;
24:4
hands [1] 10:9
handwritten (1] 6:9
happen [1] 3:1
happened [2] 18:16,
25
a 0ppens [1] 10:3
ppy [2] 9:16;
23:20
hard [1] 16:25
having [1] 10:6
he [9] 3:23, 25; 5:4;
12:4; 13:5; 17:2;
21:22, 23; 22:1
hear [2] 19:19
heard [1] 14:11
hearing [81] 1:1, 6;
2:4, 10, 24, 25; 3:3,
7, 17, 21, 22, 24;
4:24; 5:14, 25; 6:13;
7:1; 9:1, 5; 10:20;
11:1, 3, 4, 17; 12:1;
13:17, 21, 22, 24;
14:1, 7, 16, 17, 20,
23; 15:7, 14, 15, 20,
21; 16:12, 14, 15,
21, 22; 17:7, 8;
18:10, 11, 12, 16, 20;
19:13, 14, 18, 23;
20:15, 24; 21:24;
14, 16, 24; 24:1,
8, 10, 14, 16, 23,
0-
24; 25:1, 3, 4, 8;
26:6, 15; 27:2, 8
hearings [6] 10:19;
15:13; 16:21; 25:6,
14
held [3] 1:6; 6:4;
13:22
help [1] 2:20
here [23] 2:6; 4:9;
6:7; 10:9, 22; 11:6;
12:4; 13:2, 9; 15:6,
7, 9, 11; 16:25;
17:1, 3, 4; 20:17;
23:13; 25:9, 13, 21;
26:8
hereby [1] 28:1
him [1] 22:2
his [9] 11:21, 13:5,
6; 17:2, 3; 20:8;
21:2; 22:2; 23:6
holbert [2] 1:13;
020
Id [3] 16:22; 17:8;
23:13
holding [1] 15:14
honest [1] 25:16
hoping [1] 16:25
house [1] 13:6
how [5] 10:8; 15:21;
19:18; 24:18; 25:20
I'd [4] 2:5; 5:12;
21:25; 23:22
I'll [6] 7:5; 10:8;
12:3; 25:12, 13;
26:11
I'm [19] 2:2; 3:6, 16,
20; 4:5; 5:6, 9, 12;
6:3; 9:16; 10:15;
11:5, 8; 17:25; 22:3,
15; 26:4
identification [1]
6:14
identify [5] 3:16;
5:9; 7:5, 23; 12:6
identifying [2] 3:17;
5:13
iii [1] 6:1
immediate [3] 3:21,
23; 4:2
important [1] 17:1
impossible [1] 16:22
inappropriate [1]
15:8
included [1] 6:24
Inconsistent [1]
9:19
indicate [6] 14:13,
14; 22:16, 17;
26:13, 23
Indulge [1] 25:3
informational [1]
18:13
initially [1] 5:2
instead [2] 10:19;
11:2
interest [1] 21:10
into [7] 5:7; 8:16,
24; 10:20; 11:4;
16:13; 25:24
invite [1] 23:17
involving [1] 25:19
isn't [1] 20:14
issue [7] 15:20;
18:2, 3, 25; 19:17;
20:9, 24
Issues [1] 14:4
it's [3] 5:15; 6:8;
15:8
Item [1] 3:11
Its [1] 16:23
- J -
june [3] 25:23; 26:6
jurisdiction [3]
16:19; 17:21; 18:24
jurisdictional [1]
19:1
-K-
kind [3] 9:18, 19;
21:20
know [8] 16:7;
17:11, 12; 18:5, 6;
19:1; 21:25; 25:20
knowledge [2] 13:8;
14:19
knows [1] 24:21
-L-
1 [3] 4:24, 25; 28:10
lacks [1] 17:10
ladies [1] 2:1
landowners [1] 5:16
last [1] 2:10
latin [1] 18:24
law [10] 4:6; 9:3, 4,
24; 15:3, 5; 16:24;
19:6, 18; 24:7
lawyers [1] 9:6
layout [1] 7:8
least [1] 25:3
leave [3] 10:8, 19;
19:22
left [2] 3:21; 4:2
legal [5] 20:8, 9;
21:3, 9; 25:2
let [4] 5:8; 13:20;
20:20; 22:8
let's [1] 22:21
letter [2] 7:2; 9:7
like [11] 2:5, 20;
3:1; 10:8; 18:24;
19:19; 21:21, 25;
23:17, 23; 24:18
line [2] 11:22; 20:14
list [2] 3:18; 5:16
little [1] 25:9
location [1] 12:20
look [4] 10:20; 11:4,
7; 22:4 members [1] 1:12
lot [2] 3:13; 23:20 mentioned [1] 8:3
lower [1] 6:9 middle [1] 14:23
mini-storage [3]
- M - 3:15; 8:13; 13:3
made [3] 5:22; 17:3;
18:21
make [10] 3:2; 5:12;
10:18; 14:3; 18:18,
21; 20:1,16,17,18
makes [2] 5:4; 17:5
making [3] 10:5;
20:19; 22:5
many [1] 8:8
map [2] 5:15; 13:8
march [3] 10:12,16
Marcus [1] 6:1
mark [1] 5:16
marked [1] 2:12
martin [9] 1:14; 2:3,
6, 20; 3:22; 14:9;
21:12; 26:8, 19
martson [1] 4:5
matt [1] 3:25
matter [8] 8:18;
12:14; 17:11, 19;
18:16; 19:6; 24:7;
27:4
matters [1] 8:1
maximum [1] 3:13
may [8] 1:10; 4:23.
16:19; 17:4, 9;
22:19; 25:21
maybe [2] 17:25;
26:1
mcknight [17] 2:15;
4:19, 21; 5:3, 10;
6:1; 7:14, 18; 9:16;
20:12; 21:22; 22:3;
23:22; 24:20; 25:10,
25; 26:3
me [12] 6:3; 10:12,
14, 21; 11:20;
21:14; 22:8; 23:24;
26:2; 27:5; 28:2
meaning [1] 18:24
means [1] 28:14
meet [1] 25:21
meeting
10:6, 12, 13, 16;
13:22; 25:22
meetings [1] 16:7
member [2] 1:14;
3:24
minute [2] 2:3;
20:20
minutes [6] 6:12, 17;
7:1; 11:8; 16:15;
22:20
mislitsky [54] 1:15;
4:1; 5:6, 8, 19; 6:7,
17, 20, 25: 7:15, 19;
8:24; 10:14, 17, 25;
11:13; 13:13, 16, 20;
14:19, 25; 15:16;
16:11; 17:9, 17, 19;
18:4, 9, 23; 19:16;
20:2, 6, 20; 21:6, 17;
22:1, 7, 9, 11, 19, 23;
23:5, 9; 24:2, 6, 11,
13, 18, 22, 25; 25:7,
12; 26:18; 27:1
missed [7] 8:6
Mona [1] 4:2
more [1] 25:6
motion [18] 14:3, 6,
11, 15, 16; 20:1, 11;
21:7, 15; 24:10, 15,
16; 25:24; 26:6, 8,
11, 16, 22
move [1] 16:10
moved [3] 14:9;
21:12; 26:19
moving [1] 12:1
mpc [1] 11:22
mr [191] 2:1, 3, 5,
14, 15, 16, 18, 19,
23; 3:23, 25; 4:1, 5,
7, 9, 11, 12, 13, 14,
15, 17, 18, 19, 21,
22; 5:1, 2, 3, 4, 8,
10, 18, 19; 6:6, 7,
15, 17, 18, 20, 23,
25; 7:3, 13, 14, 15,
17, 18, 19, 20; 8:1,
17, 18, 24; 9:9, 13,
16; 10:11, 14, 15,
17, 21, 25; 11:6, 10,
13, 24, 25; 12:3, 6,
7, 10; 13:11, 13, 15,
16, 18, 20; 14:6, 9,
10, 11, 15, 19, 22,
25; 15:1, 16; 16:2,
11, 20; 17:2, 3, 9,
15, 17, 18, 19, 23,
25; 18:4, 8, 9, 19,
23; 19:2, 16, 25;
20:2, 4, 6, 8, 12, 20;
21:1, 5, 6, 7, 8, 12,
13, 14, 17, 19, 22;
22:1, 3, 6, 7, 8, 9, 10,
11, 13, 14, 18, 19,
21, 23; 23:1, 3, 5, 8,
9, 11, 19, 22; 24:2,
4, 6, 9, 11, 12, 13,
15, 18, 20, 22, 23,
25; 25:5, 7, 10, 12,
20, 25; 26:1, 3, 5, 8,
9, 10, 14, 18, 19, 20,
21, 24; 27:1, 7
mrs [1] 7:3
multiple [1] 7:9
municipal [1] 1:6
municipality [5] 9:1,
20, 23; 19:6; 27:2
my [19] 2:17; 3:20,
21, 22, 25; 4:2; 6:6;
10:22; 11:1; 12:7,
12; 13:24; 14:19,
22; 17:15, 23; 22:8;
23:25; 25:19
myers [45] 1:13;
2:1, 14, 16, 18, 23;
3:20; 4:7, 11, 14, 17,
19, 22; 7:20; 8:17;
10:11, 15, 21; 11:10,
24; 12:6; 14:6, 11,
15; 21:5, 7, 14;
22:10, 14, 18, 21;
23:1, 3; 24:4, 9, 12,
15; 25:20; 26:1, 5,
10, 14, 21, 24; 27:7
myself [2] 13:23;
19:3
-N-
name [4] 3:20; 12:7,
11,12
necessary [3] 19:23;
22:15; 25:3
need [14] 9:5;
10:18; 11:7; 13:1;
14:12; 15:24; 16:3,
7, 17; 18:17; 21:14;
22:1; 25:10; 26:10
needed [1] 8:10
needn't [1] 15:13
needs [1] 24:1
neighborly [1] 15:9
neighbors [1] 19:9
never [1] 18:24
nevertheless [1]
W 15:9
wville [2] 1:7; 3:9
next [8] 5:19, 21, 24;
6:1; 7:1,2,5; 26:2
non-answer [1] 22:7
nor [11 16:14
notary [2] 1:17;
28:10
noted [2] 20:22;
25:8
notes [1] 28:2
notice [8] 5:20, 23;
9:24; 10:7; 11:11;
16:4,9,10
noting [1] 26:7
now [11] 2:5; 5:6;
8:23; 14:23; 15:6;
20:24; 22:24; 23:9;
24:6,17,20
null [1] 15:15
-O-
oath [2] 15:12; 17:5
?bject [1] 15:14
bjection [4] 7:15,
17, 18; 19:23
occurred [7] 11:9,
19; 19:24; 20:9;
21:3, 9, 24
october [1] 7:2
officers [1] 13:23
okay [6] 5:4; 18:8;
19:25; 22:6, 18;
24:15
one [10] 2:3, 19;
3:2,5; 5:15; 8:6,23;
14:4, 8; 15:17
only [1] 18:6
open [1] 10:19
operation [6] 9:3, 4,
24; 15:2, 4; 16:24
opportunity [7] 9:17;
13:16; 19:10, 11, 20;
21:11; 23:6
opposed [4] 14:15;
22:18; 26:14, 24
opt [1] 9:6
0 der [4] 2:3; 4:23;
05-r5 ; 24:9
ordinance [1] 3:10
other [5] 4:7; 8:15,
18; 16:7; 27:6
our [9] 4:1; 9:7.
10:11, 12, 15, 16;
21:24; 23:11; 26:2
outside [1] 19:12
over [1] 16:19
own [1] 11:21
- P -
p.m. [2] 1:10; 27:8
packet [1] 6:24
page [2] 6:12; 7:7
pages [3] 5:15; 7:7,
10
paper [1] 11:18
papers [1] 16:13
parcel [1] 8:11
pardon [1] 26:2
parking [1] 23:20
part [6] 3:11, 13, 15,
18; 13:11, 14
participants [1] 3:17
participate [1] 20:4
participating [4]
16:21; 19:3; 21:2;
25:5
participation [1]
21:24
parties [4] 4:7; 7:9;
22:25; 27:3
party [4] 16:17;
17:10; 20:14; 24:7
passed [1] 14:16
pat [1] 7:3
patricia [3] 3:8;
4:10; 6:13
paul [3] 4:15; 12:7,
12
pavilion [1] 13:4
penn [6] 1:1, 6;
2:24; 5:25; 20:21;
25:17
pennsylvania [2]
1:7; 3:9
people [4] 9:8, 12;
19:20; 21:10
permit [6] 6:2, 8, 21;
7:6; 15:23; 17:13
permitted [1] 8:9
philadelphia [1] 9:6
phrase [1] 18:24
place [2] 20:19;
26:7
planning [6] 9:1, 20,
23; 11:7; 19:7; 27:2
please [5] 12:6, 11,
24; 14:25; 22:13
point [2] 17:10;
23:11
portions [1] 3:10
pose [1] 24:9
position [9] 3:15;
9:8, 19; 22:2; 23:11;
24:25; 25:2, 8; 26:8
power [1] 16:23
preliminary [2] 8:1,
18
preparing [1] 8:19
present [6] 2:8; 3:2;
4:25; 16:17; 23:9,
25
presentation [1]
7:21
pretty [1] 25:15
previously (1] 23:12
printed [1] 5:21
prior [2] 4:22; 15:22
pro [1] 17:25
probably [2] 4:12;
19:17
problem [1] 18:20
procedural [1] 14:24
procedures [i]
17:25
proceed [11] 10:8;
11:11, 24; 14:5, 7;
16:8; 19:18; 20:7,
25; 21:7
proceeding [7] 6:4;
11:25; 19:3; 20:5;
24:8, 24; 26:17
proceedings [4] 2:3,
9; 28:1, 3
produced [1] 2:12
project [6) 10:10;
12:4, 19; 13:1;
19:12; 23:18
proof [3] 5:19, 23;
7:9
property [1] 13:3
proposed [5] 12:4,
20, 25; 13:2; 24:4
proposing [1] 9:10
ps [1] 19:7
public [5] 1:17;
2:25; 10:6; 17:4;
28:10
publication [5] 5:19,
22,24; 7:10; 8:15
publishing [1] 11:18
purpose [2] 3:7;
15:20
put [5] 9:12; 10:11,
15; 23:12; 25:23
putting [3] 10:23;
12:2; 23:15
quasi-judicial [1]
22:24
question [2] 10:14;
19:1
questions [8] 9:11,
13; 10:10; 12:2;
15:10; 17:4; 23:18,
20
quite [2] 20:13,18
-R-
raise [1] 21:2
ramona [2] 1:16;
28:10
re [1] 1:3
read [3] 8:2, 16;
16:13
realized [1] 8:20
really [1] 19:7
reason [11 8:8
receive [1] 7:11
received [4] 4:19,
23, 24; 8:22
recess [2] 22:21;
23:6
reconvene [4] 23:3,
24; 24:16; 26:15
reconvened [2]
24:14; 26:6
record [30) 1:6; 3:6;
5:7,8; 7:16; 8:2, 15,
16, 23, 24; 9:12;
12:11; 13:12, 20;
15:25; 16:13; 17:10,
11; 19:4; 20:16, 17,
18, 19, 20; 21:23;
22:5; 23:12, 21;
25:1; 26:7
records [1] 22:5
refer [2] 25:1, 8
reference [1] 25:4
referred [1] 6:18
referring [1] 11:5
reflect [3] 5:8;
13:20; 20:21
regarding [1] 20:5
regulations [1] 3:14
relationship [1)
12:13
relocated [1] 13:5
relocating [1] 13:6
rely [1] 15:17
remember [1] 11:6
reporter [3] 1:16;
28:10,15
representative [1]
4:20
reproduction [1]
28:14
request [14] 2:4, 10;
4:20, 22, 24; 5:21,
25; 9:22; 11:16, 17;
13:21; 17:14; 22:19;
24:6
requested [2] 12:25;
23:6
requesting [1] 8:3
required [1] 15:3
requirements [2]
3:12; 14:20
reschedule [1] 11:3
resident [1] 19:10
residential [2] 3:11,
13
residents [1] 19:20
resolve [1] 10:18
respect [1] 21:19
responded [1] 10:22
restate [1] 21:15
result [1] 3:7
reviewing [1] 8:20
rich [1] 4:1
richard [1] 1:15
right [8] 3:23, 25;
4:25; 14:13, 23;
17:9; 21:2, 9
right-hand [1] 6:10
risch [42] 4:5, 9, 12,
15; 5:1, 10, 18; 6:6,
15, 18, 23; 7:13, 17;
8:1, 2, 18; 11:25;
12:10; 13:11, 15, 18;
14:22; 15:1; 16:2,
20; 17:15, 18, 23;
18:8, 19; 19:2; 20:4;
21:19; 22:6, 8, 13;
23:8, 11; 24:23;
25:5
rise [1] 18:3
road [4] 1:7; 3:9;
12:22; 13:4
rocks [1] 20:12
row [1] 2:6
rules [1] 22:24
-S-
said [2] 9:18; 21:22
sake [1] 12:2
same [6] 5:22, 23;
6:22, 23; 28:4,14
sangialosi [2] 6:13;
7:3
satisfactory [2]
21:17, 19
save [1] 10:6
say [3] 4:13; 26:12,
22
saying [5] 9:7;
10:15; 14:13; 22:3,
16
says [2] 9:20; 27:3
schedule [5] 15:20;
16:6; 24:8, 22;
25:11
scheduled [3] 14:2;
15:7; 25:22
se [1 ] 17:25
second [17] 3:12;
11:4; 14:1, 10, 16,
17: 15:20; 18:11;
21:13; 23:24; 24:1,
3, 8, 10, 23: 26:9, 20
secretary [1] 7:4
section [4] 3:11, 13,
14; 19:7
see [1] 25:11
semicolon [1] 8:7
send [1] 9:7
sense [1] 19:14
sentinel [3] 5:20, 22;
7:10
separate [1] 6:21
session [1] 18:14
set [4] 2:24; 14:16;
24:17, 20
set-aside [1] 13:5
seth [1] 4:2
shafer [1] 4:2
shall [3] 9:23;
11:24; 24:17
shop [1] 13:5
should [3] 19:4, 10,
11
shows [1] 13:4
shrunk [1] 13:15
signature [1] 7:7
signed (5] 6:8, 13,
15; 7:3, 9
simply [2] 16:9;
3
0i8r..[31 2:16,18; 4:7
site [1] 27:4
situation [1] 23:15
solicitor [6] 1:15;
4:1; 5:6; 13:21;
16:12; 20:21
some [3] 9:18, 19;
18:18
somehow [1] 21:24
something [4] 6:21;
10:17; 11:17; 21:21
sometime [2] 6:5;
11:6
sorry [1] 6:25
speak [3] 19:21;
23:6; 27:3
special (1] 3:12
specifically [1] 11:5
spirit [2] 12:3; 15:9
springs [1] 25:18
stapled [2] 6:11, 24
star [2] 5:23, 24
start [4) 2:5; 7:21
8:19
*state [2) 12:11;
25:17
states [1 ] 9:1
stenographer [4]
4:3; 5:11; 7:24
stenographic [1] 1:6
still [1] 26:5
storage [1] 8:8
strongly [1] 19:8
submitted [4] 4:22;
12:17; 13:8
subsequent [2]
15:13; 25:6
suggested [1) 11:1
suggestion [2]
10:18; 11:2
supervision [1]
28:15
supervisors [2)
4:20; 6:4
support [2) 2:17;
4:8
F ure [7] 3:2; 5:12,
; 11:8, 9; 16:14;
17:25
swear [1] 7:24
sworn [1) 12:9
think [7] 2:6; 18:20;
. T . 20:22; 24:1, 2, 4;
25:8
take [5] 11:1, 2, 7;
19:11; 22:2
taken [3] 9:18;
15:18; 28:2
taking [1] 20:25
talk [3] 13:17;
19:11; 22:8
technically [2]
19:17; 24:13
testify [2] 2:18; 5:2
testifying [2] 4:8, 11
testimony [16] 2:9;
7:22, 25; 12:2;
13:25; 14:7; 15:6,
24; 16:4, 18; 17:10,
20:5; 21:1, 10;
23:10,16
thank [3] 2:15; 8:17;
21:20
that's [8] 4:21; 6:6;
8:5; 14:7; 16:11;
18:19; 19:25; 22:7
their [3] 15:19;
18:10; 26:25
them [7] 2:5; 4:23;
8:16; 13:1; 15:22;
17:3; 19:5
then [10] 5:2; 7:21;
10:1; 11:10, 21, 22;
16:9; 17:19; 20:10;
23:23
there [31] 2:8, 11;
3:1; 6:3, 9, 11; 8:4,
8, 12, 23; 14:11, 19;
15:3, 7, 13, 14, 24;
16:3, 16, 21; 17:14;
21:14, 15; 23:13, 16;
24:23, 24; 25:6, 19,
21; 26:10
there's [5] 9:4;
18:15, 25; 20:15;
22:14
therefore [3] 8:10;
10:3; 23:14
these [7] 2:2, 9, 19;
5:16; 9:3, 20; 23:18
they [11] 13:25;
14:1; 15:2.4; 16:14,
17; 18:17, 21, 23;
22:11; 25:14
things [3] 7:12;
15:11; 25:13
third [3] 3:14, 23;
7:7
this [61] 2:9; 3:1, 3,
7, 16; 4:8; 6:20, 21;
8:11, 19, 20; 9:18;
10:4, 5, 11, 15, 17;
11:13,20; 12:14,20;
13:8, 11, 25; 14:7,
20; 15:3, 19, 21, 23;
16:19, 22; 17:5, 8,
10, 12, 19; 18:5, 18;
19:4, 17; 20:14;
21:2, 22; 22:2;
23:11, 18, 23; 24:14,
16; 25:8; 26:6, 7, 8,
15, 17; 27:4; 28:3
those [4] 2:3; 3:4;
7:12; 23:20
three [6] 3:10, 19;
5:15; 8:3,15; 13:2
throw [1] 20:12
time [4] 2:2; 3:16;
17:1; 25:20
time-stamped [1]
8:23
timeframe [2] 10:4;
14:20
timely [1] 10:23
times [2] 5:23, 24
today [3] 8:25; 10:3,
18
todd [2] 1:14; 3:23
tonight [14] 2:9;
4:3, 9; 9:7; 10:6, 19;
11:3; 14:2, 5, 7;
20:15, 19; 22:5;
23:23
took [1] 23:5
township [27] 1:1,
6; 2:12, 24; 3:10;
5:17; 6:1, 2, 4, 8;
7:4; 8:22; 9:8, 9, 17;
15:22, 25; 16:16;
17:11; 18:7; 19:9,
10; 20:13, 21;
21:21; 23:22; 24:7
traditional [1] 19:14
transcript [1] 28:4
transpired (6] 15:22,
25; 16:18; 17:12;
18:5, 6
tuesday [1] 25:25
turn [1] 18:12
two [5] 7:6, 10; 8:1;
25:16; 27:5
typically [1] 25:21
- U -
under [8] 3:18;
9:23; 11:16; 15:12;
17:5, 21; 22:24;
28:14
understand [6) 3:3;
14:4; 18:4; 19:16;
21:4; 25:2
understanding [11]
6:6; 10:22: 13:24;
14:21, 22; 17:15, 23;
19:4; 20:8; 21:1, 8
understands [1]
9:14
understood [3] 23:1;
27:6, 7
units [1] 3:15
unless [2] 25:13;
28:14
until [3] 11:4; 22:4,
22
up [3] 10:9; 21:6;
23:9
upon [1] 11:16
us [2] 4:9; 9:5
use [15] 3:14; 6:3,
12; 7:1, 6; 8:9, 10,
11, 13; 16:15;
17:14, 20, 24; 18:1,
2
.V.
valley [2] 5:23, 24
variance [8] 3:10;
8:7, 10, 14, 21,
12:16; 13:8; 18:3
variances [13] 8:3,
4, 12, 21; 9:4, 21;
12:25; 15:1; 16:3,
23; 19:5; 23:12,18
various [1] 12:5
very[2] 17:1; 21:20
vice-chair [2] 1:14;
3:22
voglesong [6] 1:14;
3:23; 14:10; 21:13;
26:9, 20
voice [2] 22:15;
26:11
vote [7] 14:12;
18:17; 20:11; 22:9
11, 15; 26:11
voted [2] 24:2;
26:14
voting [3] 3:18; 4:1,
2
.W-
wait [2] 2:3; 20:20
waived [1] 20:3
waiver [1] 9:19
waives [1] 21:25
waiving [4] 19:23;
20:8; 21:2, 8
walnut [3] 3:9;
12:22; 13:4
want [14] 2:17; 3:2;
7:21; 9:8,11, 12, 18,
22; 10:9; 14:4, 6,
20:12,18
way [6] 8:19; 10:23;
15:17; 18:6; 21:20;
24:21
we [76] 2:2; 4:9, 19,
23, 24; 5:1, 3; 7:20,
21; 8:3, 10; 9:8, 11,
12, 18, 22; 10:2, 9,
11, 15, 20, 22, 23;
11:4, 10, 24; 13:1;
14:5, 16, 22; 15:11,
14; 16:7, 9, 13, 25;
17:1, 11; 19:8, 10,
13; 20:7, 15, 17;
21:5, 7, 9; 22:4, 10;
23:3, 4, 5, 8, 14, 15,
17, 19, 23, 25; 24:4,
5, 14, 17, 20; 25:1,
5, 7, 21, 22; 26:14,
24
we'll [5] 4:23; 5:1, 4;
7:22; 17:5
we're [10] 2:23;
7:23; 15:6, 7, 11;
18:6; 20:19; 22:5;
24:13; 26:5
we've [1] 16:4
wednesday (3] 1:9;
26:2, 6
wednesdays [2]
25:14, 22
weeks [2] 25:17,18
well [6) 5:11; 15:1,
16; 17:19; 21:19;
22:7
were [9] 8:3, 4, 12,
15; 9:4, 21; 19:5;
23:12
whatever [2] 17:5;
23:25
where [2] 18:19;
23:4
whether [2] 20:22,
25
which [13] 6:11;
7:6; 8:13, 14, 22;
9:20; 11:19; 14:1;
15:20; 16:7, 13;
18:2; 24:7
who [6] 2:4, 8; 4:3,
7; 19:20; 21:10
why [5] 8:8; 11:9;
12:25; 18:1; 20:17
wife [1) 17:3
will [27] 2:20; 3:3;
4:12, 14, 5:1, 3;
10:2; 11:10; 13:25;
14:1; 15:12, 18;
16:9, 20; 19:17;
20:7, 22, 25; 23:3,
15, 19, 24; 25:3, 5
willing [1] 15:11
wilson [13] 4:15,17,
18; 5:2; 9:13; 11:6;
12:3, 7, 12; 17:3, 25;
19:2
wish [2] 2:18; 3:4
wishes [2] 2:8;
21:22
within [4] 9:2, 24;
10:4; 28:3
without [1] 27:5
witness [3] 2:17, 22;
12:9
witnesses [3] 10:9;
17:2; 20:16
words [1] 4:13
work [1] 25:11
would [23] 2:20;
5:11; 9:6, 22; 10:4,
18; 11:15, 17, 18,
21; 12:24; 15:14;
19:19; 22:1, 23;
23:17; 24:9, 16, 18;
25:11, 23; 26:3,16
wouldn't [1] 18:25
writing [1] 11:17
written [1] 11:16
wrong [4] 6:3;
11:20; 20:19; 26:1
-Y-
o t [1] 19:1
u'd d [1] 10:8
You're [8] 2:19;
10:21, 25; 15:16, 17;
20:13, 18; 25:14
you've [1] 14:11
young [5] 4:25; 5:4;
6:9,18
your [23] 3:19; 4:22;
7:25; 10:9; 12:11,
13; 13:7, 14; 14:21;
15:10; 16:11; 18:4;
19:16, 18, 19, 23;
20:2, 22; 24:22, 25;
25:2, 8, 10
yours [2] 2:14; 7:19
yourself [2] 7:23;
12:6
-Z-
zoning [31] 1:1, 12;
2:4, 10, 24; 3:10, 17,
21, 22, 24; 4:24;
01:1 4, 25; 11:17;
3:17, 21, 22, 24;
15:21, 23; 16:12, 14;
17:13; 18:10, 16, 20;
19:13, 18; 20:24;
27:1
4,10 ?+s
PENN TOWNSHIP
1301 CENTERVILLE ROAD, NEWVILLE, PA 17241
PHONE: 717-486-3104, FAX: 717-486-3522
www.penntwpcc.org penntwp@paonline.com.
VARIANCE
Please provide the following information. If additional space is needed, for each requirement. pace include a separate
2.
3.
IF A USE VARIANCE:
Use for which Variance sought: Mini-storage facility
zoning Ordinance Section f
rQm which variance sought: Article VII; Section
IF A D Section 704 (C 4 704 (D) ;
IlNENSIONA.L VARIANCE: (positioning of doors) and Sect on 6 (F)
Dimensional Requirement from which variance is sought:
Zoning Ordinance Section which imposes the requirement:
EXPLAIN HOW
A. The Zoning Ordinance Provision referenced inflicts unn
Without the variance, the applicant will not be ableyIM hi ?15.21 acre parcel which is residentially zoned. The to productively
?,facility 4- disabled d
?-3 ?? ne a home occupation business
use his
orage
resi ent. anaged by a partially
B. There are unique physical circumstances or conditio
shallowness of lot size or shape, or exceptional to ?' including. irregularity, ne??s, or
to your Property and that the unnecessary PoBmPhical or other physical
eons peculiar
or conditions every hardship is due to such conditions and not circumstances
y created by the
district in g which the all property is l provisions of the Zoning Ordinance in the neighborhood or
ocated: The roperty is unusually large
and has road frontage on a busy road. Its use f
limited or residentia unsubdiviled,
. purposes is
C. That because of such physical circumstances or conditions, there is
Property can be developed in strict conforms
ty with no possibility that the
that the authorization of a variance is therefore necessary to enable the reasonable use of the
D. That the unnecessary hardship was not created by you: The ro err
location is reexistin the zonin classification was imposed zupon dthis
residential/commercial property.
P1.NN Fr0"SBip
1301 CENTERVILLE ROAD NEWVILLE, PA 17241
PHONE: 717-486-3104, FAX: 717486-3522
• www.penntwpcc.org penntwp@paonline.com
ZONING HEARING APPLICATION
M Date Received
Fee Received 4
Receiving Official FEB 2 8 2007
Application Number
BY .---------------•--•.
Please provide the following information. If additional space is needed,
each requirement. include a separate attachment for
1 • APPLICANT
Name: Daniel C. and Patricia A. Farwell
Address: 1750 Walnut Bottom Road
Phone: 776-5471
2. 1 HEREBY APPLY FOR:
() Special Exception
Variance
. () Appeal from Determination by Zoning Officer or Municipal Engineer
O Validity Challenge to Zoning Ordinance/Zoning Map
() Zoning Text or Zoning Map Amendment
() Other (Describe)
3 APPLICANTS ATTORNEY
Name: Carl C. Risch
Firm: Martson Law Firm
Address: 10 East High Street, Carlisle, PA 17013
Phone: 717-243-3341
4. NEARBY PROPERTY OWNERS - Attach fist
and all properties located within 500 feet o the Of names & addresses of owners of all ad1'oO'
P perty at issue fig properties
5. ATTACH SPECIFIC FORM(S) FOR THIS APPLICATION
6. ATTACH AN 8 1/22'X I l" COPY OF THE TAX MAP SHOWING T
I hereby request a hearing on this application PROPERTY AT ISSUE.
1 certify the above information and submitted exhibits to be true, , and c
' failed to supply may be grounds for correct
Zoning Hearing Board to dismiss the application.
APPLICANT SIGNATURE ?llc
Any information I have
Y_v_
VARIANCE (coati)
• E. That the requested variance, if authorized, will not alter the essential character of the
neighborhood or district in which the property is located nor substantially or permanently im air
the appropriate use or development of adjacent property, nor be detrimental to the public p
welfare: The ro ert is more condusive to commercial use. A large scale
warehousing project will take place near y. sma se -s orage c
where no one will work other than the applicant w genera a neg g e
traffic and noise.
---------------
F. That the requested variance, if authorized, will represent the minimum variance that will afford
relief and will represent the least modification possible of the regulation in issue:
Of all possible commercial uses, the proposed self-storag1Iity ww-ill-be
the least burdensome. It will provide negligible noise It wi
1
s burdensome. on the neighborhood than many of the permitted uses
including agriculture, churches, and residential uses.
APPLICANT SIGNATURE;'
The Applicant is seeking a variance from Section 704(D) because the lot cove
will be approximately 11.5%. The Applicant is seeking a variance from rage
Section 704(C)(4) because the project will be setback 51 feet from the west
property line. The Applicant is seeking a variance from Section 1246(F)
because it would be impossible to comply with this Section if a variance is
granted given the subject property is residentially zoned.
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• PENN TOWNSHIP
CUMBERLANND COUNTY
BOARD OFSUPERi'ISORS
1301 Centerville Road
Newville, PA 17241
Tel: 717-486-3104; Fax: 717-486-3522
Email: Penn kuhncontne
Website: www.penntwpcc ork
April 18, 2007
TO: The Sentinel
Please run this notice one time: May 2, 2007
PENN TOWNSHIP
CUMBERLAND COUNTY
Notice is hereby given that the Zoning Hearing Board of Penn Township will hold
a meeting at the Penn Township Municipal Building, 1301 Centerville Road, Newville,
PA, at 7 PM on Wednesday, May 9, 2007, at which time a public hearing will be held on
. the following matter:
Application Number 2007-002 of Daniel and Patricia Farwell, 1750 Walnut
Bottom Road, Newville, PA 17241, to erect a mini storage facility. The applicant seeks a
Variance from Article VII; Section 704 (D) Maximum Lot Coverage; Section 704 Special Buffering; (C)(4)
and Section 1246 (F) Positioning of Doors.
All interested parties are encouraged to attend this hearing. A copy of the
application will be available during regular business hours in the Township Office for
public review. Any questions, please call the secretary at 717-486-3104.
Patricia Sangialosi
Secretary
Please send proof of publication
Thanks
Pat
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Tammy Shoemaker Classified Advertising Maria er , 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 13th, 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)
May 02, 2007
COPY OF NOTICE OF PUBLICATION
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.
Sworn to and subscribed before me this
2?? day of MaY 2007.
All
Notary Pub
My commission expires: q f ?a
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Christina L. Wdte. Notary Pub6C
Carlisle Bon,, Ctmtbertand Carly
My Co wrrission Expires Sept. t, 20M
Member. Pennsylvania Association Or Notaries
• PENN TOWNSHIP
CUMBERLAND COUNTY
BOARD OFSUPERVISORS
1301 Centerville Road
Newville, PA 17241
Tel: 717-486-3104; Fax: 717-486-3522
Email: yenntwy(ii.+'kahnc-i z -4
Website: www.nenntwpcc vrp
April 18, 2007
TO: Valley Times-Star
Please run this notice one time: April 25, 2007
PENN TOWNSHIP
CUMBERLAND COUNTY
Notice is hereby given that the Zoning Hearing Board of Penn Township will hold
a meeting at the Penn Township Municipal Building, 1301 Centerville Road, Nevwille,
PA, at 7 PM on Wednesday, May 9, 2007,
the following matter: at which time a public hearing will be held on
Application Number 2007-002 of Daniel and Patricia Farwell, 1750 Walnut
Bottom Road, Newville, PA 17241, to erect a mini storage facility. The applicant seeks a
Variance from Article VII; Section 704 (D) Maximum Lot Coverage; Section 704 C4
Special Buffering and Section 1246 (F) Positioning of Doors. ()( )
All interested parties are encouraged to attend this hearing A copy of the
application will be available during regular business hours in the Township office for
public review. Any questions, please call the secretary at 717-486-3104.
Patricia Sangialosi
Secretary
Please send proof of publication
Thanks
Pat
Proof of Publication of Notice in
0 ?J I HE VALLEY TIMES-STAR
COUNTY OF CUMBERLAND PENN TOWNSHIP/NOTICE OF HEARING
COMMONWEALTH OF PENNSYLVANIA
Leslie R. Berrier, being duly sworn according to law, deposes and says that she is the Manager
of "The Valley Times-Star" which is a weekly newspaper of general circulation published in
Shippensburg Township, Cumberland County, Pennsylvania, by Latrobe Printing and Publishing
Company, a corporation duly organized and existing under the laws of the Commonwealth of
Pennsylvania having its principal place of business at 1011 Ritner Highway (P.O. Box 100),
Shippensburg, Pennsylvania; that she is authorized to and does make this affidavit on its behalf;
that the printed notice, advertisement of publication attached hereto is the same as was printed
in the regular editions and issues of "The Valley Times-Star" on the following date(s):
April 25,
Affiant further deposes that neither she nor "The
Valley Times-Star" and The Latrobe Printing and
Publishing Company have any interest in the subject
matters of the aforesaid notice or advertisement, and
that the facts set forth in the foregoing affidavit is
true and 5subs-,criNd c.
Swo before me this
_1_____Day of 2007
Copy of Notice of Publication
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Kristen L Steller, Notary Pt>blic
Bedford Boro, Bedford County
W Commission Expires Feb. 13 10
Member, PennsylVanla Association of Notaries
Notary Public
To: "The Valley Times-Star"
Shippensburg, PA 17257
For publishing the notice attached hereto:
On the stated date(s) .............. $ 30.25
Affidavit .......................... $_. 2.0
Total .............................. $- 32.25
PENN TOWNSHIP
1301 CENTERVILLE ROAD, NEWVILLE, PA 17241
PHONE: 717-486-3104, FAX: 717-486-3522
www•penntwpce.org penntwp@xuhncom.net
1.
2.
3.
4.
ZONING HEARING APPEARANCE REQUEST
APPLICANT
Name
Address-
Telephone
11 MC1UJ EGXT, III, ES Q.
I NEST POMFRy? STREET
CART_Ta, v n. _
DIT
APR
e r. 2 7 2opT
=s o A l va,)
PROPERTY AT ISSUE
Address: Daniel and Patricia Farwell
1750 Walnut Bottom road,Newville, PA 17241
APPLICATION NUMBER: 2007-002
WHY AND HOW I AM AFFECTED BY THE APPLICATION
OF PENN T014SHIP
5 I wish to become a party to the above proceedings (circle yes or no
) NO
6• I request a copy of the final decision. (circle yes or no)
YES NO
APPLICANT SI
RECEIVED BY:
DATE:
APPLICATION FOR TOWNSHIP PERMIT
PENN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA
THE UNDERSIGNED HEREBY APPLIES for a Township Permit and states as
follows:
A. The name and address of the Applicant is_Dan Farwell
of._1750 Walnut Bottom Road, Newville 17241 (Name)
(Address)
' Felephone Number: 776-5471
B. The name and address of the Owner of the land on which proposed c o struc
to Occur is___same ion is
of
(Name of Land Owner (Address of C. The name and address of the Contractor is-MO on Builders
of Gettysburg (Name of Conti
(Addss D. The site location is- 1750 Wa nut Bottom Roadtor)
E. Project Information:
1 • Brief description of work to be performed storage buildings (3)
2• Estimated Cost: $_ 300,000.00
3. Specific Data (Provide data applicable with check mark or specific
information):
Lot Size 15
_ acres Type of Roof
No. of Rooms -
No. of Baths Type of Heat steel
Garage 1 car _______2 car Basement Fireplace full Yes _No
-___partial Air conditioning Yes
Outside wall material-steel No
Basic dimensions of structure or addition for which pe t is requested:
_31 _ft._x_ 181 _R./ '
APPLICATION FILEll_april 10, 2006
PERMIT ISSUED April 10, 2006
PERMIT NUMBER 0449
PARCEL NUMBER
1 ?X
• PENN TOWNSHIP BOARD OF SUPERVISORS
1301 Centerville Road
Newville, PA 17241
Tel: 717-486-3104; Fax: 717-486-3522
Conditional Use Hearing
Daniel Farwell
Daniel Farwell was present to ask for approval to build two 30 x 181 stora
buildings on his property at 1750 Walnut Bottom Road, Newville, PA. One g e
of these
will contain his gun shop business, with a gun stora a room e
the remainder for personal storage. The other buildin g right behind and
collecting Volkswagen cars. g will be used to house his hobby of
Dan also wants to build a third building, but that will be a Zoning Hearin Bo
issue as he wants to use them for rental spaces. g azd
Dan stated that he was told in April that all he needed was a variance to buil
these three buildings. He was told that he should have obtained the variance b d
zoning was enacted. efore
Matt McKnight reported you can't have rental spaces in a Residential Zone. Dan
stated he didn't ask to be zoned residential.
Dan wanted to know if he could break ground get an
was told that he needed to do a land development plantfor approval b legs steed and he
Commission before he can do anything. Y the planning
Supervisor Barrick made a motion to allow Dan Farwell to build his two buildings
lan.
according to the conditional use application after submission of a land development plan.
Vice-Chairman Sheaffer seconded the motion. Motion approved.
Dan wanted to know if he wasn't moving his gun these buildings without a land development plan, Matt McKni business, could he build
you have to ask for what you want. 8ht stated use matters and
Dan wanted to know if he built these buildings across the street on the f
arm
would he still have to do a land development plan. Supervisor Barrick stated
buildings don't require a land development plan. Vice-C
'
hairman Sheaffer wanted to
know if these buildings would be used as farm buildings an that farm
d if plan is required. Vice-Chairman Sheaffer stated that he didn't say he coaul development
buildings, only that procedures need to be followed. dn't build these
Respectfully submitted
Patricia Sangialosi
Secretary
• PENN TOWNSHIP
CUABERL4ND COUNTY
BOARD OFSUPERVISORS
1301 Centerville Road
Tel: 717-486-3.10 4 FPA .1724,1
ax: 7.17-4,96-3S22
Email: Denntwon? aon!!ne coin
October 17, 2006
Mr. and Mrs. Daniel Farwell
1750 Walnut Bottom Road
Newville, PA 17241
R'E: Conditional Use Hearing, October 12, 2006
Dear Mr. and Mrs. Farwell:
At the Board of Supervisors meeting held October 12, 2006, conditional
approval was given for you to build two (2) 30 x 181 storage buildings use
fora20x30gunShop With a 10x30
storage. The other building is for storage gun gage room and the . One building is
rage of your Volkswagons1alance for personal
.
The Board also informed you that
and submit to the Penn To Y You will need to do a Land Development plan
need drawings of the wnshtp planning
Commission for their aPP
building for your gun shop business showing approval. You will also
Parking and handicap accessible bathroom. This drawing is for building accessible
Purposes.
ldmg inspection
If you should have any further Questions, please don't hesitate to
Sincerely,l•
Patricia Sangialosi
Secretary
• PENN TOWNSHIP CUMBERLAND COUNTY
1301 Centerville Road
Newville PA 17241
Tel: 717-486-3104• Fax: 717-486-3522
NARRATIVE:
i? .
oo,
CONFORMING USE RE l????r?' U REMENTS:
(G y,hf l.Li • u ? ?
• ?UNCLUSIO
I
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Date:
Ile f15
Date: g -.? S - cl,
a '= 'k-
Applicants hereby agree to be bound by the representations and statements contained
herein.
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PROQF OF pUBLICATION
State of Pennsylvania, County of Cumberland
Tammy Shoemaker Classified Advertisin > M r
ana ?e , 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 13th, 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)
September 28, October 05 ?006
COPY OF NOTICE OF PUBLICATION PENN TOWNSHIP
CUMBERL ND COUNTY
Notice is hereby given that on October 12, 2006, the
Board of Supervisors of Penn Township, Cumberland
County, Pennsylvania, during their regularly scheduled,
meetingg beginning at 7 PMshal6hold a public hearing
to'conslder the following co' nditional use application:
1. Applicant Daniel Farwell, 1750 Walnut Bottom
Road, Newvllle, PA 17241, is planning to move his;'
Gun Shop business from his house to a 30 x 181 ?
storage building. The shop will be 20 x 30 with a
10x30 storage
of said room for guns and the remainder
building for p oral sto
building to be built of r storage rage. of his An cars. additional]
Hearing shall be held at the Penn Township Municipal +.
Building, 1301 Centerville Road, Newvilie, PA.
A copy of the conditional use application will be available!
In the Township Office for public review.
Patricia Sangialosi
Secretary/Treasurer
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 chpracter of
publ
ication are true.
``nn
JO/M
Sworn to and subscribed before me this
11 th, day of October 2006.
c
Notary P is
MY commission expires: Q11oW
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Chnske L. Woffe, Notary Public
Carlisle Boro, Cumbedw Courtly,
MY Co rmission Expires Sept. 1, 2008
Member, Pennsylvania Association of Notaries
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BOARD OF SUPERVISORS
OF PENN TOWNSHIP,
Appellants
V.
ZONING HEARING BOARD
OF PENN TOWNSHIP,
Appellees
and
DANIEL FARWELL and
PATRICIA FARWELL,
Appellees
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
2007-3422
CIVIL ACTION
Entry of Appearance
TO THE PROTHONOTARY:
Kindly enter my appearance in the above-captioned matter for the Zoning Hearing Board
D
of Penn Township, appellees.
Date:.-/
/ f
Richard P. Mislitsky, Esquire
Supreme Court I.D. 28123
One West High Street, Suite 208
P.O. Box 1290
Carlisle, PA 17013
717-241-6363
Attorney for the Appellee
Zoning Hearing Board of Penn Township
and
Solicitor for
Zoning Hearing Board of Penn Township
k
BOARD OF SUPERVISORS
OF PENN TOWNSHIP,
Appellants
V.
ZONING HEARING BOARD
OF PENN TOWNSHIP,
Appellees
and
DANIEL FARWELL and
PATRICIA FARWELL,
Appellees
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
2007-3422
CIVIL ACTION
Certificate of Service
On this A day of July 2007, I hereby certify that I served a true and correct copy of
the foregoing Entry of Appearance upon all parties of record via U.S. Mail to the following
addresses:
Marcus A. McKnight, III, Esquire
60 West Pomfret Street
Carlisle, PA 17013
Carl C. Risch, Esquire
Martson Law Office
10 East High Street
Carlisle, PA 17013
Date:
J, 1P i C. McGreev
J y
For: Richard P. Mislitsky, Esquire
o
-TI
?.
_ -Ti
` SHERIFF'S RETURN - REGULAR
CASE NO: 2007-03422 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PENN TOWNSHIP BOARD OF SUPERVI
VS
PENN TOWNSHIP ZONING HEARING B
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE OF APPEAL was served upon
ZONING HEARING BOARD OF PENN TOWNSHIP the
RESPONDANT , at 1420:00 HOURS, on the 12th day of June 2007
At- 111 rRNTFRVILLE ROAD
NEWVILLE, PA 17241 by handing to
PATRICIA SANGIALOSI, SECRETARY ADULT IN CHARGE
a true and attested copy of NOTICE OF APPEAL
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.60
Postage .58
Surcharge 10.00
.00
(,I/T/07 J 38.18
Sworn and Subscibed to
before me this day
of , -
So Answers:
i
R. Thomas Kline
06/13/2007
MARCUS MCKNIGHT
By: (1 I Jj ,.
ty Sheriff
A. D.
CASE NO: 2007-03422 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PENN TOWNSHIP BOARD OF SUPERVI
VS
PENN TOWNSHIP ZONING HEARING B
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE OF APPEAL was served upon
L'ADTATT:T.T. T)ANTTRT, the
RESPONDANT , at 1430:00 HOURS, on the 12th day of June
at 1750 WALNUT BOTTOM ROAD
NEWVILLE, PA 17241
by handing to
PATRICIA FARWELL, WIFE
a true and attested copy of NOTICE OF APPEAL
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 10.56
Affidavit .00
Surcharge 10.00
.00
26.56
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
06/13/2007
MARCUS MCKNIGHT
By:
ffi-eputy Sheriff
A. D.
2007
CASE NO: 2007-03422 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PENN TOWNSHIP BOARD OF SUPERVI
VS
PENN TOWNSHIP ZONING HEARING B
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE OF APPEAL was served upon
FARWELL PATRICIA the
RESPONDANT , at 1420:00 HOURS, on the 12th day of June , 2007
at 1750 WALNUT BOTTOM ROAD
NEWVILLE, PA 17241
by handing to
a true and attested copy of NOTICE OF APPEAL
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
411tiol Q,
6.00
.00
.00
10.00
.00
16.00
Sworn and Subscibed to
before me this
of
day
So Answers:
R. Thomas Kline
06/13/2007
MARCUS MCKNIGHT
By:
76 puty Sheriff
A.D.
F:\FILES18326\8326.10.Praecipe
Created: 9120/04 0:06PM
Revised: 8/29/07 3:47PM
Hubert X. Gilroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 29943
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Appellees Daniel Farwell and Patricia Farwell
BOARD OF SUPERVISORS
OF PENN TOWNSHIP
Appellants
V.
ZONING HEARING BOARD
OF PENN TOWNSHIP
Appellees
V.
DANIEL FARWELL and
PATRICIA FARWELL
Appellees
IN THE COURT OF COMMON PLEAS OF
COUNTY, PENNSYLVANIA
NO. 2007-3422
CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please Enter the Appearance of Hubert X. Gilroy, Esquire, and the Law Firm of Martson
Deardorff Williams Otto Gilroy & Faller, on behalf of Appellees Daniel Farwell and Patricia
Farwell.
DATE: August 30, 2007 L/W tf Ul
Hubert X. G' oy, Esquire
Martson D ardorff Williams Otto Gilroy & Faller
Martso aw Offices
I.D. 29943
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Appellees Daniel Farwell and Patricia Farwell
C'; ha
r? -
:
;
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?
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r }
` iT?^
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.ti
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. _. f,_ ',
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.... _
-? ?-
t. ? °'c?"
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
---------------------------------------------------------------------------------------------------------------------
BOARD OF SUPERVISORS
OF PENN TOWNSHIP (Appellant)
VS.
ZONING HEARING BOARD
OF PENN TOWNSHIP (Appellees)
vs.
DANIEL FARWELL and
PATRICIA FARWELL (Appellees)
No.2007-3422, CivilTerm
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.): Land Use Appeal
2. Identify counsel who will argue cases:
(a) for Appellants:
Marcus A. McKnight, III, Esquire
Irwin & Mcknight
60 West Pomfret Street
Carlisle, PA 17013
(b) for Appellees Zoning Hearing Board of Penn Township:
Richard P. Mislitsky, Esquire
One West High Street, Suite 208
P.O. Box 1290
Carlisle, PA 17013
(c) for Appelles Daniel Farwell and Patricia Farwell:
Hubert X. Gilroy, Esquire
Martson Deardorff Williams Otto Gilroy & Faller
10 East High Street
Carlisle, PA 17013
3. I will notify all parties in writing within two days that this case has been listed for argument.
4. Argument Court Date: October 3, 2007
/r ( (? Print y ur Z;r ,?/ r
Date: u l '? d
Attev or App ees Daniel Farwell and Patricia Farwell
F? C
'?' -r,
=?.? ?:--
?,-? ?,?,
,_.-
,':
--- g ;
_ ?.,: ??:
. ?, ??,-
34
Penn Township Board of Supervisors
V.
Penn Township Zoning Hearing Board
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-3422 CIVIL TERM
ORDER OF COURT
AND NOW, October 4, 2007, by agreement of counsel, the above-captioned
matter is continued from the October 3, 2007 Argument Court list. Counsel is directed to relict the
case when ready.
Richard P. Mislitski, Esquire
For the Plaintiff
Hubert Gilroy, Esquire
For the Defendant
Court Administrator
By the
Edgar B.
/DlD g`o'I
7
kam
BOARD OF SUPERVISORS
OF PENN TOWNSHIP
V.
ZONING HEARING BOARD
OF PENN TOWNSHIP
V.
DANIEL FARWELL and
PATRICIA FARWELL
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 3422 CIVIL TERM
IN RE: LAND USE APPEAL
BEFORE HESS, GUIDO, JJ.
ORDER OF COURT
AND NOW, this 11TH day of DECEMBER, 2007, after review of the parties'
briefs and having heard argument thereon this matter is remanded to the Zoning Hearing
Board of Penn Township for the purpose of creating a record on the merits of the
application for variances so that we may properly review the appeal from the deemed
approval. See Gryshuk v. Kolb, 685 A.2d 629 (Pa.Commonwealth 1996). It should also
create a record with regard to Appellee Daniel and Patricia Farwell's contention that this
case is controlled by Board of Supervisors for East Richhill Township v. Mager, 855
A.2d 917 (Pa. Commonwealth 2004).
Marcus A. McKnight, Esquire
/ichard P. Mislitsky, Esquire
,gubert X. Gilroy, Esquire
Court Administrator
By t urt,
A Edward E. Guido, J.
t?IN
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