HomeMy WebLinkAbout07-4195F:\FILES\ 12380\12380.1uappeall/nlm
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12380.1
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 Appellants
SPECIALTY PAINTS & COATINGS, IN THE COURT OF COMMON PLEAS OF
INC., CUMBERLAND COUNTY, PENNSYLVANIA
Appellants
v. N0.2007- y/ ~~
CIVIL ACTION -LAW
DICKINSON TOWNSHIP and THE
DICKINSON TOWNSHIP BOARD OF
SUPERVISORS,
Appellees LAND USE APPEAL
NOTICE OF LAND USE APPEAL
Specialty Paints & Coatings, Inc., by its attorneys, MARTSON DEARDORFF WILLIAMS
OTTO GILROY & FALLER, set forth the following:
1. Appellant is Specialty Paints & Coatings, Inc., which is a Pennsylvania corporation
doing business at Suite 304, 1412 Trindle Road, Carlisle, Cumberland County, Pennsylvania.
2. Dickinson Township (Township) is a second class township incorporated pursuant
to appropriate laws of the Commonwealth of Pennsylvania and The Dickinson Township Board of
Supervisors is the governing body of Dickinson Township, are both Appellees in the above-
captioned Appeal, with a mailing address of 219 Mountain View Road, Mt. Holly Springs, PA
17065.
3. This action is an Appeal of a Land Use Decision by the Board of Supervisors (Board)
involving a parcel of land located in Cumberland County and Dickinson Township and this Appeal
is filed pursuant to 53 P.S. Section 11101-A et seq.
4. Appellants filed a Conditional Use Application (Application) with the Township
seeking approval fora "Business Services" operation at the property located within Dickinson
Township at 10 Kuhn Drive (Subject Property).
5. The legal owner of the Subj ect Property is Enola Construction Company, Inc. (Enola),
and the Applicant is the beneficial owner of the Subject Property pursuant to an Agreement to
purchase the property between Enola and the Applicant.
6. The Subject Property is located in a Medium Density Residential-Office (MDR-O)
Zoning District within Dickinson Township and is governed pursuant to Section 205-13 of the
Dickinson Township Zoning Ordinance. (Ordinance).
7. The use of the Subject Property for Business Services is permitted by Conditional Use
pursuant to Section 205-13(c)(3) fo the Ordinance and is further regulated by Section 205-68 of the
Ordinance.
8. Hearings were held on the Application on April 16, 2007 and May 21, 2007.
9. The Board met on June 18, 2007 at a regularly scheduled meeting and voted to deny
the Application. A copy of the written Decision denying the Application is attached hereto and
marked Exhibit "A."
10. In the Decision, the Board committed errors of law, abused its discretion, was
arbitrary in determining Findings of Facts and Conclusions of Law and had no basis in its
determinations of Findings of Facts and Conclusions of Law for the following reasons:
a. The Board erred in determining that the Use proposed at the Subj ect Property
by the Applicant was not a Business Service.
b. The Board erred in determining that the Applicant simply "operates a paint
and stain products sales business."
c. The Board erred in failing to determine that the proposed use was a
specialized, specific, and non-industrial service used to compliment a
commercial enterprise.
d. The Board erred in determining that the Use proposed by the Applicant was
an Industrial Use.
e. The Board erred in determining that the mixing of stains in a specialized and
specific manner is "manufacturing" which the Board suggests is prohibited,
despite the fact that by definition at Section 205-5, a Business Service may
include "repair or assembly which pertains specifically to the Business."
f. The Board erred in determining that the work proposed by the Applicant at
the Subject Property was of an industrial nature.
g. The Board erred in determining that the Specialized Service of identifying
stain and coatings and mixing specific stains and coatings is an industrial use.
h. The Board erred in its Conclusion of Law determining that the Proposed Use
did not qualify as a Business Service.
I. The Board erred in determining that the Applicant failed to meet its burden
to satisfy compliance with provisions of the Ordinance with respect to the
Proposed Use.
j . The determinations made by the Board in its Decision were not supported by
substantial evidence on the record.
k. The Board and its Decision ignored undisputed evidence indicating that the
Proposed Use qualified as a Business Service.
Such other reasons as may appear once the record of the proceedings in this
case is filed with the Court.
WHEREFORE, Appellant requests that this Honorable Court do the following:
A. Overturn the Decision of the Board and determine that the Use proposed by the
Applicant is a Business Service and grant the Applicant a Conditional Use Permit for
the Subject Property.
B. Grant such other relief as the Court deems appropriate.
MARTSON LAW OFFICES
By
Hubert X. Gilroy, I
I.D. Number 2994
10 East High Str~
Carlisle, PA 17 13
(717) 243-3341
Attorneys for Appellant
Date: July ~ / , 2007
NECYQED PAPER
RECYCLA9LE
DICKINSON TOWNSHIP RE: SPECIALTY PAINTS & COATINGS, INC.
BOARD OF SUPERVISORS CASE NO: 2007-01
DATE OF DECISION: JUNE 18, 2007
DECISION OF THE
BOARD OF SUPERVISORS
The Board of Supervisors of Dickinson Township (herein, Board) met on two
occasions, Monday, April 16, 2007, at 6:00 P.M., and Monday, May 21, 2007 at 5:30
P.M., in the Meeting Room, Dickinson Township Municipal Building, 219 Mountain
View Road, Mount Holly Springs, Cumberland County, Pennsylvania, to conduct a
hearing for captioned conditional use application. ~ The hearing record was closed on
May 21st. Notice of this hearing was provided to Specialty Paints & Coatings, Inc.
(Applicant), and the other parties in interest.
A request has been submitted by the Applicant for approval of a conditional use to
"work[s] with the wood manufacturing industry and supplies and [sic] a variety of goods
pertaining to coating for wood manufacturing ... [and] also provide[s] consultation to the
industry" as a business service under Section 205-13C(3) of the Dickinson Township
Zoning Ordinance. This use is proposed for a vacant building located at 10 Kuhn Drive
(herein, Premises), which is in the Medium Density Residential Office (MDR-O) District.
The Applicant appeazed at the hearings with its counsel, Hubert X. Gilroy, Esquire. The
company president, Max Crider, and its consultant, Douglas Brehm, P.L.S, testified in
support of the application. Ken Graham and Randy Heishman appeared and testified in
opposition to the application.2
Proper publication of both meetings of the Board under the Pennsylvania
Sunshine Law and public notice of both hearings under the Pennsylvania Municipalities
Planning Code were given. Written notice of the first heazing was provided to the
Applicant and all owners within 200 feet of the Premises, which was also properly
posted.
Supervisor Raymond Jones was absent for the first hearing. He was present for the second hearing and the
Applicant agreed to permit him to participate in the rendering of this Decision.
z Mr. Graham appeared and participated on both hearing dates. Mr. Heishman appeared and participated
only at the first hearing.
Exhibit "A"
From the testimony, the Board makes the following:
FINDINGS OF FACT
1. The Applicant entered an agreement of sale to purchase the Premises,
which is located in the MDR-O [Medium Density Residential Office]
Zoning District.
2. The Application vaguely describes the proposed use and was not admitted
as an Exhibit, but remains a part of the record. It states that the Applicant
"works with the wood manufacturing industry and supplies and [sic] a
variety of goods pertaining to coating for wood manufacturing ... [and]
also provides consultation to the industry."
3. The Premises and the layout of improvements and natural features are
described in a Land Development Plan of Lot 9 and a marked-up copy of
the plan, prepared by Douglas Brehm, P.L.S. (Brehm mark-up), which
were admitted as Applicant's Exhibits A-1 and A-13.3
4. Ken Graham and Randy Heishman reside on the north side of Alexander
Spring Road, Mr. Graham northwest of the Premises and Mr. Heishman
northeast of the Premises.
5. The Applicant did not object to the standing of Mr. Graham or Mr.
Heishman to oppose the application.
6. The Applicant testified that a very substantial part of the business involves
retail sales to large residential housing builders, "tract builders" and others
of stains (ready-mixed or custom-mixed) and color coatings for cabinetry,
wood stairways and wood trim, metal paint coatings, sealers and top-coat
finishers.
7. Most of the retail sales are comprised of stains and color coatings matched
by the enterprise to customer samples.
8. The use also involves, to a minor degree, the ancillary and accessory sales
and repairing of spray painting equipment.
9. The use would be conducted in a vacant building on the Premises.
s The Premises has the address of 10 Kuhn Drive, however the lot is designated number 9 on the plan of
lots.
2
10. Access, parking and landscaping would be provided as indicated on the
Land Development Plan and Brehm mark-up.
11. The layout of the interior of the building is depicted on Applicant's Exhibit
A-7.
12. The Applicant testified to the existence of large warehouses in the vicinity
of the Premises, however, those warehouses are situated in a different
zone (Business-Industrial) where they are permitted by right, or are
located completely or partially in an adjoining township (South Middleton
Township).
13. Stain color matching is performed on site, generally by visual examination
of a wood sample. Solid color matching is performed on site with the use
of a spectrograph.
14. All products sold by the Applicant are for spray application and the sales
and repair of spray equipment is a smaller, accessory function of the
enterprise.
15. Uses of the Premises would include bulk product storage and a forklift
would be used in the operations.
16. In addition to an office area (25%), the interior of the Premises would be
used for a color matching area (7%), an equipment repair area (23%) and
the largest area (45%) would be used for a stock room for stains, color
coatings, sealers and top coats.
17. Stain and painting materials would be shipped to the Premises in
containers ranging in size up to 55 gallon drums.
18. The stains, paints and other products would be delivered to the Premises
by tractor trailers at a frequency of 3.26 to 6 times per week. Deliveries
are generally by pallets and are unloaded by forklift. Other deliveries are
by UPS step-vans on a daily basis.
19. Product deliveries would made from the Premises to customers in the
Applicant's vehicles, generally once per day.
20. Business hours would be from 7:30 a.m. to 4:30 p.m. weekdays.
21. Less than 1% of sales would be from "walk-ins."
3
22. There would be three full-time employees and one part-time employee
utilized in the enterprise.
23. Approximately 25% of the product sales are "stock" factory mixtures.
24. The Premises is served by public water, but has private on-lot septic.
25. All products are shipped from the Premises in containers labeled with
printed instructions for proper usage-and application.
26. 90% of gross revenues are from repeat customers.
27. The Applicant performs trouble-shooting for customers having difficulty
with product applications.
28. All trouble-shooting takes place off-premises at customer facilities.
29. Trouble-shooting is generally necessitated by environmental conditions,
such as temperature and humidity, at the time of application.
30. The Applicant charges for time incurred in color-matching.
31. The Applicant's customers expect to purchase a color or stain tone product
that matches the samples they provide.
32. The Dickinson Township Planning Commission recommended that the
conditional use application be denied.
DISCUSSION
The Premises is in the Medium Density Residential Office (MDR-O) District for
which the Code provides:
[T]he purpose of the Medium Density Residential Office (MDR-O)
District is to provide reasonable standards for harmonious development,
development of residences, apartments, townhouses, professional offices,
financial institutions; and other uses which are compatible with medium
and high density housing; to provide for public convenience and avoid
traffic congestion problems.
Section 205-13C(3) of the Zoning Chapter of the Code of the Township of
Dickinson, Pennsylvania (herein, Code), permits business services as a conditional use in
the MDR-O Zoning District. Business Services are defined in Section 205-5 of the Code
to be: "[A) business which provides a specialized, specific, nonindustrial service used
to compliment a commercial enterprise and shall also include accessory retail, repair or
assembly which pertains specifically to the business." (Emphasis added). The word
4
"service" is not defined in the Code, but commonly means: "work done or duty
performed for another or others." Webster's New World College Dictionary, Third
Edition, p. 1226. It is also defined in Merriam Webster's Collegiate Dictionary, Tenth
Edition, to include "the work performed by one that serves."
What the evidence demonstrates is that the Applicant seeks, as its name implies,
to operate a paint and stain products sales business. The described use is not a business
service. The Applicant is a retailer of stain and color coating products, primarily custom
blends, with accessory sales and repair of spray painting equipment. Gross revenues to
the enterprise are derived substantially from the sale of stains and color coatings.
Nevertheless, the Applicant suggests that it is a service because it blends, on-site, liquid
stain and paint materials to achieve customer-desired color or tone effects. To the
contrary, blending activity is more appropriately described as an industrial use and not a
service.
Section 205-5 of the Code defines "industry" to be: "[T]he manufacturing,
compounding, processing, assembly, or treatment of materials, articles, or merchandise.i4
In its blending and mixing processes, the Applicant compounds and processes different
liquid coatings and is engaged in manufacturing a final product. The word
"manufacture[ing) is not defined in the Code, but commonly means: "the making of
goods and articles by hand ... or by machinery ... to work into usable form." Webster's
New World College Dictionary, Third Edition, p. 824.
Alternatively, to the extent the mixing process might be considered a service, and
the Board determines that it is not, to qualify as a business service the Code requires that
it be a "nonindustrial service." See section 205-5 definition of Business Services. The
proposed use is contra the definition of industry found in the Code.
In an additional effort to convince the Board that the proposed use fits within the
commonly and approved understanding of a "service" enterprise, the Applicant testified
that employees are often called to customer facilities to troubleshoot application
problems, usually caused by environmental conditions such as temperature or humidity.
° Section 205-15B(13) of the Code allows manufacturing, subject to the provision of public water and
sewer services, as a permitted use in the Business-Industrial (B-I) District. Illustrative uses include but are
not limited to furniture and fixture products, cabinet-making and metal products. There is no public sewer
available to the Premises.
5
As found in Palmer _v. Dickinson Township and the Dickinson Township Board of
Supervisors, No. 07-0728 Civil Term, Bayley, P.J., "(B)usiness services must be
provided on the property in Dickinson Township to be an allowable conditional use of the
property." (Opinion, p.6).5 Thus, in the Court's view, the performance of service
activities offsite are not relevant or sufficient to bring the enterprise within the
requirements to establish a business service. Finally, the Applicant suggests that the
servicing of spray paint equipment is sufficient to bring the enterprise within the umbrella
of "business services." As the Board determined in its Findings of Fact, repair of the
spray equipment is ancillary and accessory to the principal retail sales use. An accessory
use is "a use customarily incidental and subordinate to the principal use of the principal
building and located on the same lot with such principal use or building." See definitions
of "Accessory Use" and "Business Services" in section 205-5 of the Code. The record
clearly reflects that the enterprise's substantial revenues are generated by retail sales and
the repair of spray equipment is a minor accessory function.
The Applicant's business is primarily and substantially the filling of retail
customers' stain and coating orders, whether by stock or custom mixtures, from inventory
stored at the Premises. The principal portion of its gross revenues is derived from the
sale of products that meet its customers' specific requirements. Its business is generated
by an ability to sell stain and coating products of a tone and color demanded by its
customers. The Premises will be used primarily for the storage of stain and paint
products, whether for mixing on-site for ultimate retail, or received into inventory for sale
"as is," and the shipping of those products. It is proposed to be used as a paint and stain
products distribution and mixing center for the storage, compounding, blending,
processing, selling and shipping of product inventory.
Succinctly put, the application proposes a retail sales and distribution operation
with an inherent industrial component. The repair of spray equipment is an insignificant
part of the operations and is accessory to the principal use. It is not a business service
and fails to qualify as a conditional use under Section 205-13C(3) of the Code. The
s The Palmer decision denied an appeal from the Board's denial of a conditional use application for a vacant
building on an immediately adjoining lot, owned by the same owner as the Premises sub judice. That case
involved a conditional use application to allow the retail sales of auto conditioning (detailing) products
from a large building on the neighboring lot. There, the applicant unsuccessfully attempted to fit its
activities within the "business services" use as is now being proposed for this lot.
6
Board concludes that the Applicant has not met its burden to demonstrate compliance
with the applicable Code provision. The conditional use should not be granted.
CONCLUSIONS OF LAW
1. The proposed used does not qualify as a business service under the Code
and is not permitted as a conditional use.
2. The Applicant has failed in its burden to satisfy compliance with the
provisions of the Code with respect to the proposed use.
3. Ken Graham and Randy Heishman have standing to oppose the
application.
4. The proposed use should not be approved as a conditional use.
ORDER OF THE BOARD OF SUPERVISORS
The application for conditional use approval is denied. Anyone aggrieved by the
decision of the Board with respect to the denial of the application has the right to appeal
to the Cumberland County Court of Common Pleas within thirty (30) days from the date
of this decision.
DATE: 6 ~ ~
DATE:
DATE: 6 ~"! ~ l>7
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Specialty Paints & Coatings, Inc
Vs.
No. 2007-4195 CIVIL TERM
Dickinson Township and The
Dickinson Township Board of
Supervisors
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY OF CUMBERLAND)
TO: Dickinson Township and The Dickinson Township Board of Supervisors
We, being willing for certain reasons, to have certified a certain action between
Specialty Paints & Coatings, Inc. vs. Dickinson Township and The Dickinson Township
Board of Supervisors 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 P.J. our said Court, at Carlisle, PA., the
17th day of July 2007.
Curtis R. Long, Prothonot
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so that we can return the card to you.
^ Attach this card to the back of the maiipiece,
or on the front if space permits.
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4. Restricted Deliver? (Ex(t's F~~ ~ ~~
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Mast be typewritten and submitted in duplicate)
TO 'THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in full)
SPECIALTY PAINTS & COATINGS, INC.
(Plaintif fl
vs.
DICKINSON TOWNSHIP AND
THE DICKINSON TOWNSHIP
BOARD OF SUPERVISORS
(Defendant)
No. 07-4195 ~ Term
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 plaintiff:
Hubert X. Gilroy, Esquire, MARTSON LAW OFFICES
(Name and Address)
Ten East High Street, Carlisle, PA 17013
(b) for defendant:
Edward L. Schorpp, Esquire
(Nacre and Address)
35 South Thrush Drive, 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
Si cure
Hubert Gilroy, Esquire
Print your ame
8/8/07 Plaintiff
Date: Attorney for
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"If we wish to predict the future, then we must create it. "
Dickinson Township 0 219 Mountain View Road 0 Mount Holly Springs, PA 17065
phone: (717) 486-7424 0 fax: (717) 486-8412
www.dickinsontownship.ora
August 13, 2007
Transmittal of Writ of Certiorari command:
Dickinson Township Zoning Ordinance
§ 205.13 MDRO District.
§ 205.68 Financial institutions, business services and professional offices.
Business Services definition
April 16 Public Hearing Minutes
May 21 Public Hearing Minutes
June 18 Board of Supervisor Minutes with Decision
March 2 Correspondence with application
Notice of Hearing
June 12 Correspondence regarding the decision
April 16 Engineer Review no. 1
Decision of the Board of Supervisors
Notice of Appeal
April 16 Public Hearing Transcript
May 21 Public Hearing Transcript
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Specialty Paints & Coatings, Inc. ~~ ~~
Vs. No. 2007-4195 CNIL TERM
Dickinson Township and The
Dickinson Township Board of
Supervisors
'WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVAI~IIA)
SS.
COUNTY OF CUMBERLAND)
TO: Dickinson Township and The Dickinson Township Board of Supervisors
We, being willing for certain reasons, to have certified a certain action between
Specialty Paints & Coatings, Inc. vs. Dickinson Township and The Dickinson Township
Board of Supervisors 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 P.J. our said Court, at Carlisle, PA., the
17th day of July 2007.
urkis R. Long, Prothonotary
TRUE C~P'~ F~^R d RECCRD
1~ Testimony ~°: h: ; ', ' ti ~ : into set my hand
end the seal of sa~rl ~ ^ •~~ at Carlisle, Pa.~~
of.... • ........
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This 1 ~ Y .......,
Pratl~o~o ary
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COPY
§ 205-13. Medium Density Residential Office (MDR-O) District.
A. Intended purpose. The purpose of the Medium Density Residential Office (MDR-
O) District is to provide reasonable standards for harmonious development,
development of residences, apartments, townhouses, professional offices, financial
institutions; and other uses which are compatible with medium and high density
housing; to provide for public convenience and to avoid traffic congestion
problems.
B. Permitted uses. Within the Medium Density Residential Office (MDR-O) District,
the following uses shall be permitted as a matter of right:
(1) Conservation, agriculture and agriculturally related operations (§ 205-34) and
timbering.
(2) Single-family detached dwellings.
(3) Individual mobile homes (§ 205-26).
(4) Churches or similar places of worship.
(5) Home occupations (§ 205-33B).
(6) Riding stables (§ 205-34D).
(7) Public parks, playgrounds and open space.
(8) Government buildings.
(9) Essential services.
(10) Residential conversions (§ 205-36).
(11) Accessory apartments (§ 205-37).
(12) Child day-care centers and group child day-care homes (§ 205-38).
(13) Personal care boarding homes (§ 205-39).
(14) Foster care boarding homes (§ 205-39).
(15) Public and private schools.
(16) (Reserved) [Amended 12-30-2002 by Ord. No. 5-2002]
(17) (Reserved) [Amended 12-30-2002 by Ord. No. 5-2002]
(18) Single-family semidetached dwellings (duplexes).
(19) Multifamily dwellings (apartments) (§ 205-40).
(20) Attached single-family dwellings (townhouses) (§ 205-41).
(21) Accessory uses and buildings customarily incidental to a permitted use;
provided, however, that the floor area utilized by accessory use shall not
exceed 25% of the gross floor area. [Amended 12-30-2002 by Ord. No. 5-2002]
I
(22) Commercial communication antenna as an accessory use mounted on a
permitted structure as regulated in § 205-44. [Added 4-19-1999 by Ord. No. 2-
1999]
C. Conditional uses. The following uses shall be permitted as a conditional use when
authorized by the Board of Supervisors. The Board of Supervisors shall hear and
decide requests for such uses according to the criteria and regulations established in
Article VII and elsewhere in this chapter.
(1) Retirement villages as regulated in § 205-59.
(2) Financial institutions as regulated in § 205-68. [Added 12-30-2002 by Ord. No.
5-2002]
(3) Business services as regulated in § 205-68. [Added 12-30-2002 by Ord. No. 5-
2002]
(4) Professional offices as regulated in § 205-68. [Added 12-30-2002 by Ord. No. 5-
2002]
(5) Essential services buildings as regulated in § 205-69. [Added 12-30-2002 by
Ord. No. 5-2002]
D. Special exception uses. The following uses shall be permitted by special exception
upon approval of the Zoning Hearing Board pursuant to a public hearing. Uses by
special exception shall be subject to the criteria and requirements established in
Article VIII and elsewhere in this chapter.
(1) Outdoor recreational facilities and organizations such as private playgrounds,
fishing and hunting clubs, swimming clubs, golf clubs, tennis courts and
similar activities as regulated in § 205-42.
(2) Campgrounds and trailer or recreational vehicle camps as regulated in § 205-
43.
(3) Mobile home parks as regulated in § 205-71.
(4) Planned residential developments as regulated in § 205-72.
(5) Cluster development as regulated in § 205-73.
(6) (Reserved) [Amended 12-30-2002 by Ord. No. 5-2002]
(7) Bed-and-breakfast residence or inn as regulated in § 205-33A.
E. Lot area and related regulations. [Amended 7-29-1997 by Ord. No. 2-1997; 12-30-2002
by Ord. No. 5-2002]
(1) Minimum:
(a) Lot size: 40,000 square feet.
(b) Lot width: 150 feet.
(c) Lot depth: 180 feet.
I
(d) Front yard: 30 feet.
(e) Each side yard: 15 feet.
(f) Rear yard: 30 feet.
(g) Off street parking: see § 205-23.
(h) Habitable floor area: 700 square feet.
(2) Maximum:
(a) Building height: 35 feet.
(b) Lot coverage: 35%.
(c) Lot coverage when public water or public sewer is available: 60%.
(d) All nonimpervious surfaces shall be either landscaped or maintained
with grass coverage.
(3) Minimum required for all single-family detached dwellings:
On-Lot Public Water Public Sewer Public Water
Water and System and On- System and On- and Sewer
Sewage Lot Sewage Lot Water System
Lot sizes 40,000 square 30,000 square feet 20,000 square feet 15,000 square
feet feet
Lot width 150 feet 100 feet 75 feet 60 feet
Lot depth 180 feet 150 feet 100 feet 100 feet
Front yard 30 feet 30 feet 30 feet 30 feet
Each side 15 feet 12 feet 10 feet 10 feet
yard
Rear yard 30 feet 30 feet 30 feet 30 feet
Height 35 feet 35 feet 35 feet 35 feet
(maximum)
Off-street 2 2 2 2
parking
Habitable 700 square 700 square feet 700 square feet 700 square feet
floor area feet
NOTES:
1 When on-lot sewage systems, whether of an individual or community type, are to be
utilized, the minimum lot size may be increased by the Board of Supervisors upon
recommendation of the Sewage Enforcement Officer or the Department of Environmental
Protection for factors relating to health and sanitatio n.
I~
(4) Single-family semidetached dwellings: Minimum required for each dwelling
unit.
On-Lot Public Water Public Sewer Public Water
Water and System and On- System and On- and Sewer
Sewage Lot Sewage Lot Water System
Lot sizes 40,000 square 30,000 square feet 20,000 square feet 15,000 square
feet feet
Lot width 125 feet 85 feet 60 feet 50 feet
Lot depth 165 feet 120 feet 100 feet 100 feet
Front yard 30 feet 30 feet 30 feet 30 feet
Each side 12 feet 12 feet 10 feet 8 feet
yard
Rear yard 30 feet 30 feet 30 feet 30 feet
Height 35 feet 35 feet 35 feet 35 feet
(maximum)
Off-street 2 2 2 2
parking
Habitable 700 square 700 square feet 700 square feet 700 square feet
floor area feet
NOTES:
1 When on-lot sewage systems , whether of an individual or community type, are to be
utilized, the minimum lot size may be increased by the Board of Supervisors upon
recommendation of the Sewage Enforcement Officer or the Department of
Environmental Protection for factors relating to health and sanitation.
COPY
§ 205-68. Financial institutions, business services and professional offices. [Added 12-30-
2002 by Ord. No. 5-2002]
Financial institutions, business services and professional offices are permitted subject to
the following conditions:
A. Off street parking. Off street parking shall be provided in accordance with § 205-
23. The number of parking spaces shall not exceed an amount determined by
multiplying the total number of development acres, exclusive of street right-of--way,
by 50. In any parking lot containing 20 or more parking spaces (except a parking
garage), 5% of the total area of the parking lot shall be devoted to interior
landscaping. Such interior landscaping shall be used to separate parking at 10 space
intervals and to visually define travel lanes through the parking lot. Landscaped
areas situated outside the parking lot, such as peripheral areas and areas
surrounding buildings, shall not constitute interior landscaping. For the purpose of
computing the total area of any parking lot, all areas within the perimeter of the
parking lot shall be counted, including all parking spaces, access drives, aisles,
concrete or macadam footpaths and curbed areas. Ground cover alone is not
sufficient to meet this requirement. Trees, shrubs or other approved material, as set
forth in § 205-30 of this chapter, shall be provided. At least one shade tree shall be
provided for each 300 square feet, or fraction thereof, of required interior
landscaping area. Such trees shall have a clear trunk at least five feet above finished
grade.
B. Screening and buffering. When a parking lot is located on property which adjoins
land in a residential zone (LDR and MDR-O), or a tract in residential use, the
parking lot shall be screened and buffered from the adjoining residentially zoned or
used property in accordance with § 205-30 of this chapter.
C. Solid waste receptacles. Dumpsters shall be screened and set back 50 feet from any
adjoining residentially zoned or used property. All service, delivery, loading and
outdoor trash storage areas shall be housed in an enclosure having a minimum of
three sides and screened from all residentially zoned districts, tracts in residential
use, public streets, parking lots and pedestrian walkways. These areas shall be
totally screened from the above listed places by the use of fences, walls, berms,
evergreen plant material, or a combination of these, not less than six feet in height.
D. Building facade. Building elevations of all sides of all structures shall be submitted
COPY
BUSINESS SERVICES - A business which provides a specialized, specific,
nonindustrial service used to compliment a commercial enterprise and shall also include
accessory retail, repair or assembly which pertains specifically to the business. [Amended
COPY
"If we wish to predict the future, then we must create it"
DICKINSON TOWNSHIP MUNICIPAL BUILDING
219 Mountain mew Road, Mount Holly Springs, PA 17065
Phone (717) 486-7424 Fax (717) 486-8412
www dickinsontownship.or~2
PUBLIC HEARING
DICKINSON TOWNSHIP BOARD OF SUPERVISORS
APRIL 16, 2007
CALL TO ORDER: Acting Chairman Patterson call the Public Hearing to order at 6:00
p.m. at Dickinson Township Municipal Building located at 219 Mountain View Road, Mount
Holly Springs, PA 17065. Chairman Jones was out of town.
ROLL CALL: The following were present for the Public Hearing: Acting Chairman
Patterson, Supervisor Wyrick, Township Manager Livingston, Solicitor Schorpp, Secretary
Smith, Zoning Officer Reisinger and Township Engineer Lauriello.
VISITORS: The following were present at the hearing: Leonard Kuhn, Virginia Wyrick,
Lynn Palmer, Ken Graham, Randy Heishman, Max Crider and Beatrice Crider.
After calling, the Public Hearing to order Chairman Patterson turned the hearing over to Solicitor
Schorpp. The court recorder swore the following persons in Ken Graham 639 Alexander Spring
Road, Carlisle, PA 17015, Randy Heishman 623 Alexander Spring Road, Carlisle, PA 17015,
Zoning Officer Reisinger for Dickinson Township, Max Crider 2712 Ritner Highway, Carlisle,
PA 17015, owner of Specialty Paints and Coatings.
Hubert Gilroy Esq. was the Attorney representing Max Crider, "Specialty Paint and Coatings"
located at 1412 Trindle Road, Carlisle, PA 17015, Cumberland County. Max Crider was the
primary witness for "Specialty Paints and Coatings.
Attorney Gilroy presented to the hearing twelve exhibits. They consisted of pictures of the
building and surrounding buildings and the plans for the proposed property and discussions
ensued. (Copies these items are on file in file cabinet D).The hearing was transcribed.
It was mutually agreed to continue the Public Hearing until May 21, 2007 at 5:30 p.m. at
Dickinson Township Municipal Building located at 219 Mountain View Road, Mount Holly
Springs, PA 17065.
'The Public Hearing adjourned at 7:10 p.m.
Respectfully Submitted,
Deborah A. Smith, Secretary
1
,...
COPY
"If we wish to predict the future, then we must create it"
DICKINSON TOWNSHIP MUNICIPAL BUILDING
219 Mountain View Road
Mount Holly Springs, PA 17065
Phone (717) 486-7424 Fax (717) 486-8412
www dickinsontownship.org
DIC%INSON TOWNSHIP BOARD OF SUPERVISORS
May 21, 2007
PUBLIC HEARING
CONDITIONAL USE SPECL4LTYPAINTS
AND STAINS
CALL TO ORDER:
Chairman Jones called the meeting to order at 5:30 pm at the Dickinson Township
Municipal Building at 219 Mountain View Road, Mount Holly Springs, PA
17065.
ROLL CALL:
The following were present for the Public Hearing on Conditional Use: Chairman
Jones, Vice Chairman Patterson, Supervisor Wyrick, Township Manager
Livingston, Zoning Officer Reisinger, Secretary Smith and Solicitor Schorpp.
VISITORS:
Max Crider, Bernice Crider, Leonard Kuhn, Ken Heiser, Ralph Godfrey,
Ken Graham and Allyn Perkins.
PLEDGE OFALLEGL4NCE:
Chairman Jones led everyone present in the Pledge of Allegiance.
OPENING ANNOUNCEMENTS:
Chairman Jones turned the hearing over to Solicitor Schorpp.
NEW BUSINESS:
Solicitor Schorpp reminded everyone who was testifying that they were still under
oath. He questioned Mr. Crider about his business. Chairman Jones was not
present for the first hearing. He will be reviewing the tapes and exhibits and a
decision will be given at a later meeting.
Kenneth Graham 639 Alexander Spring Road, Carlisle, PA 17015 he was
concerned about the encroachment of the screening and buffering on the lot next
to where Mr. Crider is hoping to put his business.
Exhibits 1 A through 14A will be on file.
It was decided that the Board of Supervisors and the Solicitor would have an
Executive Session on June 4, 2007 after the regularly scheduled meeting. This
will give Chairman Jones time to familiarize himself with the first hearing.
Chairman Jones adjourned the Public Hearing at 6:58 p.m.
Respectfully submitted,
Deborah A. Smith,
Secretary
2
a-
COPY
"If we wish to predict the future, then we must create it"
DICKINSON TOWNSHIP MUNICIPAL BUILDING
219 Mountain View Road
Mount Holly Springs, PA 17065
Phone (717) 486-7424 Fax (717) 486-8412
www.dickinsontownshin.orQ
DICKINSON TOWNSHIP BOARD OF SUPERVISORS
MEETING
JUNE 18, 2007
CALL TO ORDER:
Chairman Jones called the meeting to order at 7:07 pm at the Dickinson Township
Municipal Building located at 219 Mountain View Road, Mount Holly Springs,
PA 17065.
ROLL CALL:
The following were present at the meeting: Chairman Jones, Supervisor Wyrick,
Township Manager Livingston, Secretary Smith, Treasurer Wingard, Solicitor
Schorpp, Road Master Wolfe, Zoning Officer Reisinger and Engineer Lauriello.
Vice Chairman Patterson was absent.
VISITORS:
The following were visitors to the meeting: Leonard Kuhn, Max and Bernice
Crider, Lynn Palmer, Virginia Wyrick, Ken Graham, Allyn Perkins, Ivan
Bretzman, Nailah Rogers, Eric Kline, Hubert Gilroy and Andra Ciccocippo.
PLEDGE OFALLEGL4NCE:
Chairman Jones led everyone present in the Pledge of Allegiance.
OPENING ANNOUNCEMENTS:
Chairman Jones asked that anyone wishing to address the Board of Supervisors to
please come to the table and give their name and address for the record. He also
stated that Vice Chairman Patterson would not be present at tonight's meeting.
Chairman Jones read a letter of appreciation to Jonathan Reisinger for his work
obtaining grant money for the recycling done in the township.
AGENDA APPROVAL:
101-07Supervisor Wyrick made a motion to accept the agenda as presented. Chairman
Jones seconded the motion. The motion passed with a unanimous vote.
r
APPROVAL OF MINUTES:
102-071. Minutes - D6.04. D7 Public Hearing (WCCCOG-JRCP)
Supervisor Wyrick made a motion to accept the minutes as presented.
Chairman Jones seconded the motion. The motion passed with a
unanimous vote.
103-072. Minutes - 06.04.07 Regular BOS Meeting.
Supervisor Wyrick made a motion to table the minutes. Chairman Jones
seconded the motion. The motion passed with a unanimous vote.
CONSENT AGENDA:
1. Payment of Bills.
104-07Supervisor Wyrick made a motion to move the paying of bills to the Business
part of the agenda. Chairman Jones seconded the motion. The motion passed
with a unanimous vote.
CHAIRMANS REPORT:
Chairman Jones had nothing at this time.
PUBLIC INPUT:
None.
BUSINESS:
Paying of the Bills: Supervisor Wyrick had a question about the Defibrillator
training. Township Manager Livingston told the Board of Supervisors that
an anonymous donor was paying for training.
105-07Supervisor Wyrick made a motion to pay the bills. Chairman Jones seconded
the motion. The motion passed with a unanimous vote.
1. Specialty Paints -Conditional Use Decision
106-07 Chairman Jones made a motion to deny the Conditional Use for the Specialty
Paints. Supervisor Wyrick seconded the motion. The motion passed with a
unanimous vote.
2. Bid Opening -Bart Mill Machine
The township received two bids for the above machine. Stephenson Equipment
was received on June 16, 2007 at 11:00 am and was hand delivered; Wilson
Paving was received on June 18, 2007 at 8:22 am and was hand delivered. The
bids were opened at 7:20 pm by Chairman Jones. He opened Stephenson
Equipment first and the bid was $35,000.00. Wilson Paving was opened next and
the bid was $11,000.00.
107-07Chairman Jones made a motion to accept Stephenson Equipment bid of
$35,000.00 for the Bart Mill Machine. Supervisor Wyrick seconded the motion.
The motion passed with a unanimous vote.
2
The bid was given to Stephenson Equipment for the machine. Chairman Jones
asked the Township Manager and Road Master to notify Stephenson Equipment
that they won the bid and have 10 days to pay for it with either a certified check
or cashiers check.
MANAGERS REPORT:
Township Manager Livingston and Treasurer Wingard gave a report on the CD's
at Soverign Bank that is to mature on July 2, 2007. They recommended that the
CD be placed into a 3-5 month CD and be removed from Sovereign and place it in
M & T Bank, Members 1St or Orrstown. The Board of Supervisors asked them to
check the rates on July 2nd and report the rates at the Board of Supervisors
meeting on July 2, 2007, at that meeting the board will decide which institution to
place the money.
Township Manager Livingston told the board of supervisors that they have
received seven applications for the road crew. There are a few of the applications
that could also be considered for the road master position. He and Larry Barrick
will be holding interviews on Saturday June 23, 2007. The closing for the road
masters position is not until July 2, 2007.
Treasurer Wingard told the board of supervisors that she would have a full
financial report for them at the July 2, 2007 meeting.
Road Master Wolfe reported that the work on Peach Glen Road will begin on
June 20, 2007 and that the work on Burnt House and Alexander Spring Road will
begin on July 9, 2007. Assistant Zoning Officer/SEO Barrick will be Acting Road
Master until further notice.
Road Master Wolfe presented the board of supervisors with information about
purchasing a 2002 Boom Mower from Limerick County. The cost of the mower
will be $35,000.00. He suggested using the money from the sale of the Bart Mill
Machine to purchase this mower. After some discussion the board of supervisors
made a motion.
108-07Chairman Jones made a motion to use the funds from the selling of the Bart
Mill Machine to purchase the Boom Mower. Supervisor Wyrick seconded the
motion. The motion passed with a unanimous vote.
EMERGENCYSERVICES REPORT:
Ivan Bretzman was at the meeting but received a fire call and had to leave.
ENGINEERS REPORT:
Engineer Lauriello reported that his firm had looked at Mr. Devenney's driveway.
They found that there was definitely a sight distance problem. Engineer Lauriello
explained to the board the work that needed to be done to help with this problem.
He also recommended that the work coincide with the work that will be done on
3
..
Burnt House Road and Alexander Spring Road. This way the road will only add
two days to the original schedule. Solicitor Schorpp stated that Mr. Lowry would
need to be notified and written permission must be obtained prior to doing the
work as this work also affects his driveway.
109-07Supervisor Wyrick made a motion to approve the additional work to the area
near Mr. Devenney's driveway and Mr. Lowry's driveway to the Burnt House
schedule. Chairman Jones seconded the motion. The motion passed with a
unanimous vote.
SOLICITORS REPORT:
None
SUPERVISORS REPORT:
Chairman Jones introduced Jennifer Wingard to the visitors.
Supervisor Wyrick asked about the meeting with the Borough of Carlisle on June
22, 2007 at 5:00 pm. Township Manager Livingston told him the meeting had
been cancelled.
ADJOURNMENT:
Chairman Jones made a motion to adjourn the meeting. Supervisor Wyrick
seconded the motion. The motion passed with a unanimous vote.
The meeting adjourned at 8:32 pm.
Respectfully submitted,
Deborah A. Smith,
Secretary
4
MARTS Old
LAW OFFICES
10 Er1ST FI[GH $"I'RFF.I'
L1RLItiLE, I'ENNSI'LV,iN1A 17013
TELrrHONE (717) 243-3341
F.icsimnl.E (717) 243-1850
IN"I:~RNC•'r \v\~~\vm:u~tsonlaw.com
~IILI_Li~1 F. ivAR"fSUN
Ji.>HN B. FCivle..ER III
DANIEL K. DE:U2DORFF
THU~LiS J. WILLLi41S'«
Ivu V. Orru III
HL'BERT X. GILROY
GEt:IRGE B. FaI_LER JR.k
'Bowan t'ICxnrr.
C..iRL L. RISCH
DAvin A. Frrrsl;~~uNs
C~-IRISTOPHEF2 E. RICE
JENNIFER L. SPEARS
iv'IIC:t-L1EL J. CI~LLINS
SETH ~I. iV(OSEBL•'Y
1) (IYII,'rai.\L SI'F.l'IAI.IS'r
March 2, 2007
Robert Livingston
Dickinson Township Municipal Building
219 Mountain View Road
Mt. Holly Springs, PA 17065
RE: Specialty Paints & Coatings, Inc.
Our File No. 12380
Dear Bob:
Please accept this letter as a Conditional Use Application which we file on behalf of
Specialty Paints & Coatings, Inc.
Enclosed is the Conditional Use Application itself along with an Addendum to the
Application. Also enclosed is a check in the amount of $500.00 for filing fees.
Please advise my office once this Application is scheduled for review by the Planning
Commission and when you intend to schedule a Public Hearing before the Supervisors. I would
appreciate it if you would call me in advance relative to the scheduling of these times. I am out of
town later in March for a period of time as the Coach of the Dickinson School of Law National Trial
Moot Court Team.
Thank you for your attention to this filing, and I will look forward to hearing from you.
Very truly yours,
MARTSO LAW OFFICES
Hubert X. Gilroy
HXG/srb
Enclosures
cc: Mr. Max Crider
F.\F] LES\DATAFILE1Grnaal\Currrntll?3RO1BL i
INPORi4IATION • i~DVICE • ADVOCACY `~1
~~a~~~
"If we wisli to predict thefuture, then we must create it"
DICKINSON TOWNSHIP MUMCIPAL B UILDING
219 MOUNTAIN f~IEW,ROAD
M~ HOLLYSPRINGS, PA 17065
PHONE (7I ~ 486-7424
FAX (7I ~ 486-8412
wwiy. rlickinsntti~wtistrin. nr~
ONDITIONAL
TION
NAME: Specialty Paints & Coatings, Inc. \ DATE: March 2, 2007
ADDRES ; 1412 Trindle Road, Suite' x,04
ar is e, HONE:
10 Kuhn Drive-Lot 9
PROPERTY LOCATION:
(If Different from above) _{'arliclae PA 17(11'
Zoning Classification
MDR-0
Total Lot Area; 1.63 Acres
Existing Use and Improvements: Office/Storage Building
Business Services
Proposed Improvement:
Applicant seeks the grant of a Conditional Use Permit on the following basis:
According to Dickinson Township Code § 205-55 Article VLI.
See attached
NOTE: Conditions may be imposed upon the grant of any Conditional Use granted by the Board of
Supervisors. Strict compliance with those conditions will be enforced.
A c do ee: $500.00 Paid: Date:
Agent/t~ torney for Applicant
ADDENDUM TO CONDITIONAL USE APPLICATION
OF SPECIALTY PAINTS & COATINGS, INC.
Applicant, Specialty Paints & Coatings, Inc, seeks a Conditional Use to operate
Business Services at 10 Kuhn Drive consistent with § 205-13(c)(3) of the Dickinson Township
Zoning Ordinance.
The Subject Property is owned by Enola Construction Company, Inc., and the
Applicant is equitable owner of the property pursuant to an Agreement of Sale for purchase
of the property Applicant has entered into with Enola Construction, Inc.
The Applicant works with the wood manufacturing industry and supplies and a variety of
goods pertaining to coating for wood manufacturing. TheApplicant also provides consultation
to the industry.
F: \FI LES\DA TAFI L E1G enc~aNCurrent\ 123 S 0\CUAA 7
Copy
NOTICE
NOTICE IS HEREBY GIVEN by the Board of Supervisors of Dickinson
Township, Cumberland County, Pennsylvania, that it will conduct a public hearing on
Monday, April 16, 2007, at 6:00 p.m., at the Dickinson Township Municipal Building,
219 Mountain View Road, Mount Holly Springs, Pennsylvania, for the purpose of
considering a conditional use application of Specialty Paints & Coatings, Inc., to conduct
a commercial enterprise on a 1.63 acre lot having an address of 10 Kuhn Drive, Carlisle,
Pennsylvania, presently owned by Enola Construction Company. The application
describes the proposed use as "The Applicant works with the wood manufacturing
industry and supplies and a variety of goods pertaining to coating for wood
manufacturing. The Applicant also provides consultation to the industry."
All interested parties may attend and present testimony. The Conditional Use
Application is available for inspection by the public at the Dickinson Township
Municipal Building during regular business hours.
The Board of Supervisors may deliberate and act on the application during its
regular meeting held the same date immediately following this public hearing.
Edward L. Schorpp, Esquire
Solicitor for Dickinson Township
Deborah A. Smith
Township Secretary
COpy
"If we wish to predict the future, then we must create it."
Dickinson Township 0 219 Mountain View Road 0 Mount Holly Springs, PA 17065
phone: (717) 486-7424 0 fax: (717) 486-8412
www. dickinsontownshin.org
June 12, 2007
Mr. Hubert Gilroy, Esq.
4 North Hanover Street
Carlisle, PA 17013
RE: Specialty Paints Conditional Use Decision
Dear Mr. Gilroy,
The Specialty Paints Inc. Conditional Use decision is scheduled for the June 18tH
Board of Supervisors meeting at 7:00 PM. Please call 486 7424 if any special
arrangements need to be made.
Re pectfully,
~~~'~~ .
Jo athan Reisinger
Dic inson Township Zoning Officer
cc: Dickinson Township Board of Supervisors
Bob Livingston, Dickinson Township Manager
Ken Graham
Randy Heishman
Max Creider via email
file
TTEW
2500 Gettysburg Rd., Ste.100, Camp Hill, PA 17011
E-mail: rettew@rettew.com • Web site: www.rettew.com
April 16, 2007
Phone: (717) 697-3551 fax: (717) 697-6953
Mr. Jonathan Reisinger, Zoning Officer
Dickinson Township Planning Commission
219 Mountain View Road
Mount Holly Springs, PA 17065
RE: Specialty Paints and Coatings
Conditional Use Application
Review No. l
RETTEW Project No. 07-06639-006
Dear Mr. Reisinger:
• Engineers
• Planners
• Surveyors
• Landscape
Architects
• Environmental
Consultants
We have completed our review of the above referenced Conditional Use Application. Our review
was of the following information:
1. Letter from Hubert X. Gilroy dated March 2, 2007;
2. Final Land Development Plan -Lot #9 for Enola Construction Company; and,
3. Conditional use Application dated March 2, 2007.
It should be noted that the plan was only reviewed against the Conditional Use standards set
forth in the ordinance. We have not completed a full subdivision/land development review of the
plan. We offer the following comments for your consideration:
ZONING
The property is located in the MDR-O zoning district on Alexander Court.
2. The applicant has indicated on the application that the proposed use falls under the
Business Services section of the Zoning Ordinance.
3. Business Services are permitted as a Conditional Use in the MDR-O district.
4. The applicant should address the standards set forth in §205-56.A (1) thru (8).
5. Off street parking must be in accordance with §205-23. Since the parking schedule
does not specify a number of parking spaces for the proposed use, the Board of
Supervisors may determine a reasonable number of parking spaces. The number of
parking spaces may not exceed the limit established in Section 205-68.A (§205-23).
s
Page 2 of 2 ~~~~
Dickinson Township 1~riJ
April 16, 2007
RETTEW Project No. 07-06639-006
6. Five percent (5%) of the total area of the parking lot shall be devoted to interior
landscaping in a manner described in §205-68.A.
7. When a parking lot is located on property which adjoins a residential zone (LDR and
MDR-O), or a tract in residential use, the parking lot shall be screened and buffered
from adjoining residentially zoned or used property in accordance with §205-30
(§205-68.B).
8. Solid waste receptacles shall conform to the requirements of §205-68.C.
9. Building elevations of all sides of the all structures shall be submitted §205-68.D.
Should you have any questions, or require additional information, please feel free to contact us at
any time.
Sincerely,
Robert M. Lauriello, PE
Director
J:\07\07-06639-006\CivMunU.tr-Dickinson-Specialty Paints & Coatings Review No. 1 - 4-16-07.doc
co~"Y
DICKINSON TOWNSHIP RE: SPECIALTY PAINTS & COATINGS, INC.
BOARD OF SUPERVISORS CASE NO: 2007-01
DATE OF DECISION: JUNE 18, 2007
DECISION OF THE
BOARD OF SUPERVISORS
The Board of Supervisors of Dickinson Township (herein, Board) met on two
occasions, Monday, April 16, 2007, at 6:00 P.M., and Monday, May 21, 2007 at 5:30
P.M., in the Meeting Room, Dickinson Township Municipal Building, 219 Mountain
View Road, Mount Holly Springs, Cumberland County, Pennsylvania, to conduct a
hearing for captioned conditional use application. ~ The hearing record was closed on
May 21St' Notice of this hearing was provided to Specialty Paints & Coatings, Inc.
(Applicant), and the other parties in interest.
A request has been submitted by the Applicant for approval of a conditional use to
"work[s] with the wood manufacturing industry and supplies and [sic) a variety of goods
pertaining to coating for wood manufacturing ... [and] also provide[s] consultation to the
industry" as a business service under Section 205-13C(3) of the Dickinson Township
Zoning Ordinance. This use is proposed for a vacant building located at 10 Kuhn Drive
(herein, Premises), which is in the Medium Density Residential Office (MDR-O) District.
The Applicant appeared at the hearings with its counsel, Hubert X. Gilroy, Esquire. The
company president, Max Crider, and its consultant, Douglas Brehm, P.L.S, testified in
support of the application. Ken Graham and Randy Heishman appeared and testified in
opposition to the application.2
Proper publication of both meetings of the Board under the Pennsylvania
Sunshine Law and public notice of both hearings under the Pennsylvania Municipalities
Planning Code were given. Written notice of the first hearing was provided to the
Applicant and all owners within 200 feet of the Premises, which was also properly
posted.
1Supervisor Raymond Jones was absent for the first hearing. He was present for the second hearing and the
Applicant agreed to permit him to participate in the rendering of this Decision.
Z Mr. Graham appeared and participated on both hearing dates. Mr. Heishman appeared and participated
only at the first hearing.
From the testimony, the Board makes the following:
FINDINGS OF FACT
1. The Applicant entered an agreement of sale to purchase the Premises,
which is located in the MDR-O [Medium Density Residential Office]
Zoning District.
2. The Application vaguely describes the proposed use and was not admitted
as an Exhibit, but remains a part of the record. It states that the Applicant
"works with the wood manufacturing industry and supplies and [sic] a
variety of goods pertaining to coating for wood manufacturing ... [and]
also provides consultation to the industry."
3. The Premises and the layout of improvements and natural features are
described in a Land Development Plan of Lot 9 and a marked-up copy of
the plan, prepared by Douglas Brehm, P.L.S. (Brehm mark-up), which
were admitted as Applicant's Exhibits A-1 and A-13.3
4. Ken Graham and Randy Heishman reside on the north side of Alexander
Spring Road, Mr. Graham northwest of the Premises and Mr. Heishman
northeast of the Premises.
5. The Applicant did not object to the standing of Mr. Graham or Mr.
Heishman to oppose the application.
6. The Applicant testified that a very substantial part of the business involves
retail sales to large residential housing builders, "tract builders" and others
of stains (ready-mixed or custom-mixed) and color coatings for cabinetry,
wood stairways and wood trim, metal paint coatings, sealers and top-coat
finishers.
7. Most of the retail sales are comprised of stains and color coatings matched
by the enterprise to customer samples.
8. The use also involves, to a minor degree, the ancillary and accessory sales
and repairing of spray painting equipment.
9. The use would be conducted in a vacant building on the Premises.
s The Premises has the address of 10 Kuhn Drive, however the lot is designated number 9 on the plan of
lots.
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10. Access, parking and landscaping would be provided as indicated on the
Land Development Plan and Brehm mark-up.
11. The layout of the interior of the building is depicted on Applicant's Exhibit
A-7.
12. The Applicant testified to the existence of large warehouses in the vicinity
of the Premises, however, those warehouses are situated in a different
zone (Business-Industrial) where they are permitted by right, or are
located completely or partially in an adjoining township (South Middleton
Township).
13. Stain color matching is performed on site, generally by visual examination
of a wood sample. Solid color matching is performed on site with the use
of a spectrograph.
14. All products sold by the Applicant are for spray application and the sales
and repair of spray equipment is a smaller, accessory function of the
enterprise.
15. Uses of the Premises would include bulk product storage and a forklift
would be used in the operations.
16. In addition to an office area (25%), the interior of the Premises would be
used for a color matching area (7%), an equipment repair area (23%) and
the largest area (45%) would be used for a stock room for stains, color
coatings, sealers and top coats.
17. Stain and painting materials would be shipped to the Premises in
containers ranging in size up to 55 gallon drums.
18. The stains, paints and other products would be delivered to the Premises
by tractor trailers at a frequency of 3.26 to 6 times per week. Deliveries
are generally by pallets and are unloaded by forklift. Other deliveries are
by UPS step-vans on a daily basis.
19. Product deliveries would made from the Premises to customers in the
Applicant's vehicles, generally once per day.
20. Business hours would be from 7:30 a.m. to 4:30 p.m. weekdays.
21. Less than 1% of sales would be from "walk-ins."
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22. There would be three full-time employees and one part-time employee
utilized in the enterprise.
23. Approximately 25% of the product sales are "stock" factory mixtures.
24. The Premises is served by public water, but has private on-lot septic.
25. All products are shipped from the Premises in containers labeled with
printed instructions for proper usage and application.
26. 90% of gross revenues are from repeat customers.
27. The Applicant performs trouble-shooting for customers having difficulty
with product applications.
28. All trouble-shooting takes place off-premises at customer facilities.
29. Trouble-shooting is generally necessitated by environmental conditions,
such as temperature and humidity, at the time of application.
30. The Applicant charges for time incurred in color-matching.
31. The Applicant's customers expect to purchase a color or stain tone product
that matches the samples they provide.
32. The Dickinson Township Planning Commission recommended that the
conditional use application be denied.
DISCUSSION
The Premises is in the Medium Density Residential Office (MDR-O) District for
which the Code provides:
[T]he purpose of the Medium Density Residential Office (MDR-O)
District is to provide reasonable standards for harmonious development,
development of residences, apartments, townhouses, professional offices,
financial institutions; and other uses which are compatible with medium
and high density housing; to provide for public convenience and avoid
traffic congestion problems. -
Section 205-13C(3) of the Zoning Chapter of the Code of the Township of
Dickinson, Pennsylvania (herein, Code), permits business services as a conditional use in
the MDR-O Zoning District. Business Services are defined in Section 205-5 of the Code
to be: "[A] business which provides a specialized, specific, nonindustrial service used
to compliment a commercial enterprise and shall also include accessory retail, repair or
assembly which pertains specifically to the business." (Emphasis added). The word
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"service" is not defined in the Code, but commonly means: "work done or duty
performed for another or others." Webster's New World College Dictionary, Third
Edition, p. 1226. It is also defined in Merriam Webster's Collegiate Dictionary, Tenth
Edition, to include "the work performed by one that serves."
What the evidence demonstrates is that the Applicant seeks, as its name implies,
to operate a paint and stain products sales business. The described use is not a business
service. The Applicant is a retailer of stain and color coating products, primarily custom
blends, with accessory sales and repair of spray painting equipment. Gross revenues to
the enterprise are derived substantially from the sale of stains and color coatings.
Nevertheless, the Applicant suggests that it is a service because it blends, on-site, liquid
stain and paint materials to achieve customer-desired color or tone effects. To the
contrary, blending activity is more appropriately described as an industrial use and not a
service.
Section 205-5 of the Code defines "industry" to be: "[T]he manufacturing,
compounding, processing, assembly, or treatment of materials, articles, or merchandise.i4
In its blending and mixing processes, the Applicant compounds and processes different
liquid coatings and is engaged in manufacturing a final product. The word
"manufacture[ing] is not defined in the Code, but commonly means: "the making of
goods and articles by hand ... or by machinery ... to work into usable form." Webster's
New World College Dictionary, Third Edition, p. 824.
Alternatively, to the extent the mixing process might be considered a service, and
the Board determines that it is not, to qualify as a business service the Code requires that
it be a "nonindustrial service." See section 205-5 definition of Business Services. The
proposed use is contra the definition of industry found in the Code.
In an additional effort to convince the Board that the proposed use fits within the
commonly and approved understanding of a "service" enterprise, the Applicant testified
that employees are often called to customer facilities to troubleshoot application
problems, usually caused by environmental conditions such as temperature or humidity.
° Section 205-15B(13) of the Code allows manufacturing, subject to the provision of public water and
sewer services, as a permitted use in the Business-Industrial (B-I) District. Illustrative uses include but are
not limited to furniture and fixture products, cabinet-making and meta] products. There is no public sewer
availab]e to the Premises.
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As found in Palmer v Dickinson Township and the Dickinson Township Board of
Supervisors, No. 07-0728 Civil Term, Bayley, P.J., "[B]usiness services must be
provided on the property in Dickinson Township to be an allowable conditional use of the
property." (Opinion, p.6).5 Thus, in the Court's view, the performance of service
activities offsite are not relevant or sufficient to bring the enterprise within the
requirements to establish a business service. Finally, the Applicant suggests that the
servicing of spray paint equipment is sufficient to bring the enterprise within the umbrella
of "business services." As the Board determined in its Findings of Fact, repair of the
spray equipment is ancillary and accessory to the principal retail sales use. An accessory
use is "a use customarily incidental and subordinate to the principal use of the principal
building and located on the same lot with such principal use or building." See definitions
of "Accessory Use" and "Business Services" in section 205-5 of the Code. The record
clearly reflects that the enterprise's substantial revenues are generated by retail sales and
the repair of spray equipment is a minor accessory function.
The Applicant's business is primarily and substantially the filling of retail
customers' stain and coating orders, whether by stock or custom mixtures, from inventory
stored at the Premises. The principal portion of its gross revenues is derived from the
sale of products that meet its customers' specific requirements. Its business is generated
by an ability to sell stain and coating products of a tone and color demanded by its
customers. The Premises will be used primarily for the storage of stain and paint
products, whether for mixing on-site for ultimate retail, or received into inventory for sale
"as is," and the shipping of those products. It is proposed to be used as a paint and stain
products distribution and mixing center for the storage, compounding, blending,
processing, selling and shipping of product inventory.
Succinctly put, the application proposes a retail sales and distribution operation
with an inherent industrial component. The repair of spray equipment is an insignificant
part of the operations and is accessory to the principal use. It is not a business service
and fails to qualify as a conditional use under Section 205-13C(3) of the Code. The
s The Palmer decision denied an appeal from the Board's denial of a conditional use application for a vacant
building on an immediately adjoining lot, owned by the same owner as the Premises sub judice. That case
involved a conditional use application to allow the retail sales of auto conditioning (detailing) products
from a large building on the neighboring lot. There, the applicant unsuccessfully attempted to fit its
activities within the "business services" use as is now being proposed for this lot.
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Board concludes that the Applicant has not met its burden to demonstrate compliance
with the applicable Code provision. The conditional use should not be granted.
CONCLUSIONS OF LAW
1. The proposed used does not qualify as a business service under the Code
and is not permitted as a conditional use.
2. The Applicant has failed in its burden to satisfy compliance with the
provisions of the Code with respect to the proposed use.
3. Ken Graham and Randy Heishman have standing to oppose the
application.
4. The proposed use should not be approved as a conditional use.
ORDER OF THE BOARD OF SUPERVISORS
The application for conditional use approval is denied. Anyone aggrieved by the
decision of the Board with respect to the denial of the application has the right to appeal
to the Cumberland County Court of Common Pleas within thirty (30) days from the date
of this decision.
DATE: ~ ~ 7
DATE: '
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F:\FILES\I_380\I'_3SO.luappeall;nlm
Created: 9/?0/04 0:06PM
Revised 7/17;07 10:16AM
1.350.1
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 Appellants
Q SPECIALTY PAINTS & COATINGS, : IN THE COURT OF COMMON PLEAS OF
INC., CUMBERLAND COUNTY, PENNSYLVANIA
C7 ~ Appellants r'j ~'
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CIVIL ACTION -LAW - °- ~` ~ ~7-`
DICKINSON TOWNSHIP and THE _ ~ ~~ _ --
DICKINSON TOWNSHIP BOARD OF r''
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SUPERVISORS, - _-_ ~ _ ' ~'
Appellees LAND USE APPEAL '
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NOTICE OF LAND USE APPEAL
Specialty Paints & Coatings, Inc., by its attorneys, MARTSON DEARDORFF WILLIAMS
OTTO GILROY & FALLER, set forth the following:
1. Appellant is Specialty Paints & Coatings, Inc., which is a Pennsylvania corporation
doing business at Suite 304, 1412 Trindle Road, Carlisle, Cumberland County, Pennsylvania.
2. Dickinson Township (Township) is a second class township incorporated pursuant
to appropriate laws of the Commonwealth of Pennsylvania and The Dickinson Township Board of
Supervisors is the governing body of Dickinson Township, are both Appellees in the above-
captioned Appeal, with a mailing address of 219 Mountain View Road, Mt. Holly Springs, PA
17065.
3. This action is an Appeal of a Land Use Decision by the Board of Supervisors (Board)
involving a parcel of land located in Cumberland County and Dickinson Township and this Appeal
is filed pursuant to 53 P.S. Section 11101-A et seq.
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4. Appellants filed a Conditional Use Application (Application) with the Township
seeking approval fora "Business Services" operation at the property located within Dickinson
Township at 10 Kuhn Drive (Subject Property).
5. The legal owner of the Subj ect Property is Enola Construction Company, Inc. (Enola),
and the Applicant is the beneficial owner of the Subject Property pursuant to an Agreement to
purchase the property between Enola and the Applicant.
6. The Subject Property is located in a Medium Density Residential-Office (MDR-O)
Zoning District within Dickinson Township and is governed pursuant to Section 205-13 of the
Dickinson Township Zoning Ordinance. (Ordinance).
7. The use of the Subj ect Property for Business Services is permitted by Conditional Use
pursuant to Section 205-13(c)(3) fo the Ordinance and is further regulated by Section 205-68 of the
Ordinance.
8. Hearings were held on the Application on April 16, 2007 and May 21, 2007.
9. The Board met on June 18, 2007 at a regularly scheduled meeting and voted to deny
the Application. A copy of the written Decision denying the Application is attached hereto and
marked Exhibit "A."
10. In the Decision, the Board committed errors of law, abused its discretion, was
arbitrary in determining Findings of Facts and Conclusions of Law and had no basis in its
determinations of Findings of Facts and Conclusions of Law for the following reasons:
a. The Board erred in determining that the Use proposed at the Subject Property
by the Applicant was not a Business Service.
b. The Board erred in determining that the Applicant simply "operates a paint
and stain products sales business."
c. The Board erred in failing to determine that the proposed use was a
specialized, specific, and non-industrial service used to compliment a
commercial enterprise.
d. The Board erred in determining that the Use proposed by the Applicant was
an Industrial Use.
e. The Board erred in determining that the mixing of stains in a specialized and
specific manner is "manufacturing" which the Board suggests is prohibited,
despite the fact that by definition at Section 205-5, a Business Service may
include "repair or assembly which pertains specifically to the Business."
f. The Board erred in determining that the work proposed by the Applicant at
the Subject Property was of an industrial nature.
g. The Board erred in determining that the Specialized Service of identifying
stain and coatings and mixing specific stains and coatings is an industrial use.
h. The Board erred in its Conclusion of Law determining that the Proposed Use
did not qualify as a Business Service.
I. The Board erred in determining that the Applicant failed to meet its burden
to satisfy compliance with provisions of the Ordinance with respect to the
Proposed Use.
j. The determinations made by the Board in its Decision were not supported by
substantial evidence on the record.
k. The Board and its Decision ignored undisputed evidence indicating that the
Proposed Use qualified as a Business Service.
Such other reasons as may appear once the record of the proceedings in this
case is filed with the Court.
WHEREFORE, Appellant requests that this Honorable Court do the following:
A. Overturn the Decision of the Board and determine that the Use proposed by the
Applicant is a Business Service and grant the Applicant a Conditional Use Permit for
the Subject Property.
B. Grant such other relief as the Court deems appropriate.
MARTSON LAW OFFICES
By,
Hubert X. Gilroy, ]
I.D. Number 2994
10 East High Stree
Carlisle, PA 170f13
(717) 243-3341
Attorneys for Appellant
Date: July f ! , 2007
TRUE C~P~' FP,~A;1 R~~~7RD
In Testimony whereof, 1 htire unto set my hand
and the seal of said ~o,~rt at Car{isle, Pa.
This .....1...7........ d^ay of..{'./~~:~......, (/~'~J~~7
.............~'.y~~i~GGF I..........5........~~~M•I• ~.~}••.
!V1 Prothonotary ! /
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DICKINSON TOWNSHIP
BOARD OF SUPERVISORS
MOUNT HOLLY SPRINGS, PENNSYLVANIA
IN RE: Conditional Use Hearing for the Application of
Specialty Paints & Coatings, Incorporated
TRANSCRIPT OF PROCEEDINGS
VOLUME I (pgs 1-50)
BEFORE: THOMAS E. PATTERSON, Supervisor
DANIEL WYRICK, Supervisor
ROBERT LIVINGSTON, Township Manager
ROBERT LAURIELLO, Engineer
JONATHAN E.W. REISINGER, Zoning
Officer/SEO
EDWARD L. SCHORPP, Solicitor
DATE: April 16, 2007, 6:00 p.m.
PLACE: Dickinson Township Municipal
Building
219 Mountain View Road
Mount Holly Springs, Pennsylvania
APPEARANCES:
MARTSON, DEARDORFF, WILLIAMS, OTTO,
GILROY & FALLER
BY: HUBERT X. GILROY, ESQUIRE
FOR - APPLICANT
Amy R. Fritz, Notary Public
Registered Professional Reporter
Reporting Services
57 • 717-258-3657 • 717-258-0383 fax
courtreporters4uGaol. com
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INDEX TO TESTIMONY
WITNESSES PAGE
Jonathan Reisinger 4
Max Crider 6
INDEX TO EXHIBITS
TOWNSHIP DESCRIPTION PAGE
1 Proof of Publication 5
2 Minutes of Planning Commission 5
APPLICANT DESCRIPTION PAGE
1 Land Development Plan 8
2 Tax Map 11
3 Photographs of new building 12
4 Photographs of new building 14
5 Photographs of new building 14
6 Photograph of new building 15
7 Sketch 16
8 Photograph of vehicles servicing 29
clients
9 Photograph of storage area in 29
existing building
10 Photograph of interior of existing 30
building
11 Photograph of interior of existing 31
building
12 List of suppliers coming in on truck 35
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P R O C E E D I N G S
SUPERVISOR PATTERSON: Good evening, ladies and
gentlemen. This is for a conditional use hearing conducted
for the consideration of a conditional use application for
Specialty Paints & Coatings, Incorporated on lot number 9,
10 Kuhn Drive.
I'll turn the meeting over to our solicitor,
Mr. Schorpp.
MR. SCHORPP: Before we get started with the
Applicant's case, I guess the record should reflect that
present representing the Applicant is Hubert X. Gilroy,
Esquire. Does anyone in the audience intend to testify or
participate in these proceedings?
Would each of you please identify yourself by
name and address?
MR. GRAHAM: Kenneth Graham, 639 Alexander
Spring Road.
MR. 5CHORPP: And you, sir?
MR. HEISHMAN: Randy Heishman, 623 Alexander
Spring Road.
MR. SCHORPP: Mr. Gilroy, do you have any
objection to them having standing, either gentleman having
standing in this matter?
MR. GILROY: No.
MR. SCHORPP: With that said, then, would all of
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those who will be testifying this evening please stand and
raise your right arm and the stenographer will swear you
in.
(Witnesses sworn en masse.)
MR. SCHORPP: Okay. Continuing then, we will
have certain exhibits introduced into the record on behalf
of the Township. If we could have Exhibit T-1 be the Proof
of Publication for this hearing this evening.
Mr. Gilroy, I do not have that physically with
me; it's in the Township office. Do you have any objection
to that being an exhibit?
MR. GILROY: No.
MR. SCHORPP: Also as Township Exhibit 2, that
would be T-2, would be the minutes of the Planning
Commission meeting at which this matter was discussed.
Those minutes have not as yet been officially approved by
the Planning Commission.
Mr. Gilroy, do you have any objection to those
minutes being a part of the record when they are approved?
MR. GILROY: No.
(Township Exhibits Nos. 1 and 2 were marked.)
BY MR. SCHORPP:
Q. Mr. Reisinger, what is your position with the
Township?
A. Zoning officer.
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Q. And did you cause the property which is the
subject of the hearing this evening to be posted with the
notice of these proceedings?
A. Yes, sir. I posted two locations, one on the
property and one at the intersection of Alexander Spring
Road and Kuhn Drive.
Q. And when did you do that?
A. March 28th.
Q. And was the notice the same notice that was
utilized in the newspaper publication?
A. That's correct.
Q. And did you also send notice to property owners
in the vicinity?
A. Yes, I did, on March 28th also.
Q. And they were within how many feet of the
property?
A. 200 feet of all property lines.
MR. SCHORPP: And, Mr. Gilroy, before you start
your case, I think that's the preliminaries unless you have
anything else that you would like to have on the record in
terms of procedure.
MR. GILROY: Nothing, no.
MR. SCHORPP: With that, then, we'll let you
proceed with your case.
MR. GILROY: Thank you, Mr. Schorpp. Again, for
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the record, Hubert X. Gilroy, attorney for the Applicant in
these proceedings, Specialty Paints & Coatings, Inc.
Mr. Crider, Max Crider, principal of the Applicant is my
primary and sole witness at this particular time, and he
has been sworn.
BY MR. GILROY:
Q. Mr. Crider, please, for the purposes of the
record, please identify yourself by virtue of your home
address and your business address.
A. Home address is 2712 Ritner Highway, Carlisle.
Current business address is 1412 Trindle Road, Carlisle.
Q. Do you live in Dickinson Township?
A. Yes, I do.
Q. How long have you lived there?
A. It will be six years in August.
Q. Do you own the property where you live?
A. Yes, we do.
Q. And you own that with whom?
A. My wife, Denise.
Q. What kind of property is that?
A. That is a house.
Q. And your business address that has to do with
your current facilities, your current business, Specialty
Paints & Coatings, Inc.?
A. Correct.
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Q. And what township is that in?
A. I think we're within the Borough. I'm not 100
percent sure of that.
Q. Is this a solely-owned business on your part?
A. Correct.
Q. And you have filed an application with the
Dickinson Township Board of Supervisors to obtain a
conditional use for the purposes of the lot number 9, 10
Kuhn Drive property. Is that right?
A. That is correct.
Q. And the owner of that property is Enola
Construction Company, and you have an agreement with the
owner to purchase the property subject to obtaining
appropriate governmental approvals?
A. That is correct.
(Applicant's Exhibit No. 1 was marked.)
MR. GILROY: I've marked as Applicant's Exhibit
Number 1 the land development plan for lot number 9 for
Enola Construction Company which consists of seven sheets.
And I believe, it looks to me like, the supervisors all
have copies of that. So that's Applicant's Exhibit Number
1.
SUPERVISOR WYRICK: Sir, these are the ones that
are dated 9/6/2000 and that were recorded?
MR. GILROY: Correct, recorded in Plan Book 82,
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page 18.
SUPERVISOR WYRICK: Then, yes, we do have
copies.
MR. GILROY: I'll ask Mr. Crider to go through
those and just ask for a brief explanation on the sheets
that are self-evident.
BY MR. GILROY:
Q. Page 2 of that document, Mr. Crider, does that
depict the total subdivision that would include your lot
number 9?
A. That's correct.
Q. Essentially a 12-unit subdivision with four lots
bordering on Alexander Spring Road and the other lots
bordering on Alexander Court?
A. That is correct.
Q. Your lot where you propose to develop your
business would be on lot number 9?
A. Correct.
Q. And that is 1.63 acres?
A. Yes.
Q. As shown on page 2. This plan as approved as
shown on page 3 authorized the placement of a building on
that lot. Is there a building currently there?
A. That is correct.
Q. And is that building essentially a 6,600 square
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feet building?
A. Yes.
Q. Relative to the page number 3, again which
depicts parking and other issues, would you please describe
what portions of that depiction have been built since this
plan has been approved?
A. Essentially the parking area in the front of the
building and to the side has been arranged for parking.
The rear of the building was never completed as far as
parking.
Q. By the rear, you mean essentially to the west?
A. Correct.
Q. How about sidewalks or anything else?
A. Sidewalk is in the front of the building and
down to the landscaped area on the side.
Q. The parking area, though, is not striped or
marked?
A. That is correct. It is unstriped.
Q. And you would intend to stripe it and perform
other landscaping, which we'll get into, but subject to
this approval. Is that correct?
A. Correct.
Q. While the Board is looking at page number 3,
that page depicts a proposed dumpster area on the western
side. Is that right?
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A. Yes.
Q. If your plan is approved, where would you place
a dumpster?
A. To the far corner there at the back. What would
that be? The western corner.
Q. In around the area where it suggests proposed
well location?
A. Correct.
Q. Why would you be putting it back there?
A. So that it's out of sight.
(Applicant's Exhibit No. 2 was marked.)
BY MR. GILROY:
Q. I'm showing you what's been marked as
Applicant's Exhibit Number 2. Is that a copy of a tax map
for the general vicinity?
A. Yes.
Q. And is lot number 9 depicted on that tax map as
noted in blue?
A. That is correct.
Q. And essentially for that tax map, it's shown as
lot number 34 for tax-mapping purposes?
A. Correct.
SUPERVISOR WYRICK: Excuse me, Attorney Gilroy.
I see --
MR. GRAHAM: Could we have a copy of that? That
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was not in the Township files when I reviewed the files.
Thank you.
SUPERVISOR WYRICK: Thank you.
BY MR. GILROY:
Q. Mr. Crider, just describing the general layout
of the area, immediately behind the building that's the
subject of this application, what is located there?
A. A large warehouse.
Q. And is that basically on a 60-acre tract?
A. That's what is shown here.
Q. As shown on that?
A. Correct.
Q. In the general vicinity and on Exhibit Number 2
there's a number of white buildings depicted to the east of
the site. What are they?
A. Also warehouses.
Q. And much farther to the north at the top of
Exhibit Number A-2 there is depicted a large building on a
35-acre tract. What is that?
A. Also a warehouse.
Q. The building on the parcel in question is
currently vacant. Is that right?
A. That is correct.
(Applicant's Exhibit No. 3 was marked.)
BY MR. GILROY:
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Q. I'll show you what's been marked as Applicant's
Exhibit Number 3 which is a four-page document consisting
of photographs. Would you please describe what those
photographs depict?
A. The first one obviously being the front or the
entrance side of the building, the second being the rear of
the building.
Q. Excuse me. Referring back to the front one
again, the first page, to the left on that photograph
there's a building in the background. What is that?
A. That is the warehouse on the 60-acre lot.
Q. That was noted on Exhibit A-2?
A. Correct.
Q. Go ahead.
A. Also the remaining two pages then are either
side of the building. The third one with the propane tank
would be the side facing the warehouse aforementioned. The
last page being the one that faces down toward Alexander
Spring Road.
Q. Immediately to the east of the property, is
there also an existing building?
A. That is correct.
Q. And that building would be on lot number 8 as
shown on Applicant's Exhibit Number 1?
A. Correct.
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Q. Is that building also vacant?
A. Yes, it is.
(Applicant's Exhibit No. 4 was marked.)
BY MR. GILROY:
Q. I'll show you what`s been marked as Applicant's
Exhibit Number 4 which are two pages. Would you please
describe that for me, sir?
A. That is the, just a frontal or entrance shot of
that building and then also the side facing Alexander
Spring.
Q. And you say that property is currently vacant?
A. That is correct.
Q. The building generally similar in nature as far
as the building that's built on your lot?
A. That is correct.
Q. How about right across the street from the
property in question on the lot noted as lot number 36 on
Exhibit A-2 but is actually lot 11 on Exhibit A-1, what is
currently at that location?
A. That is, from what I understand, a business that
raises mosquitoes.
(Applicant's Exhibit No. 5 was marked.)
BY MR. GILROY:
Q. I'll show you what's been marked as Applicant's
Exhibit Number 5, and that's, again, a two-page document.
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Would you describe what those photographs depict?
A. The first page being, again, the entrance and
the one side facing towards lot 9; then the second page
simply being the opposite end and also the back that faces
the lot 9.
Q. And that's an existing ongoing business to your
knowledge?
A. That is correct.
Q. And you understand it has something to do with
raising of mosquitoes?
A. Correct.
MR. SCHORPP: Excuse me. Did you say this was
lot 11?
MR. GILROY: Lot 11 as depicted on page 2 of
Exhibit Number 1 and noted as lot 36 on Exhibit Number 2.
MR. SCHORPP: Okay.
(Applicant's Exhibit No. 6 was marked.)
BY MR. GILROY:
Q. I'll show you what's been marked as Applicant's
Exhibit Number 6 which is a one-page document. Would you
please identify that?
A. That is a shot of all three buildings on the
subdivision as it is.
Q. Would that be a shot looking in from the access
road coming in?
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A. That's correct.
Q. And there are some lots within the subdivision
that, especially right on Kuhn Road, are just undeveloped
at this point?
A. Correct.
Q. What is existing currently in the building on
the property?
A. Basically office space, obviously rest rooms,
and then just some empty storage area.
(Applicant's Exhibit No. 7 was marked.)
BY MR. GILROY:
Q. I'll show you what's been marked as Applicant's
Exhibit Number 7. Is this a sketch, sir, that you
prepared?
A. Yes, it is.
Q. And what would this propose to depict?
A. Basically the way our operation would be laid
out as to office space, lunchroom area, obviously rest
rooms, a color-matching area, an equipment repair area and
a stockroom.
SUPERVISOR WYRICK: Attorney Gilroy, could we
get a north arrow or a direction on here to make certain we
have this in correct orientation for the building? I think
I know what it is, but --
BY MR. GILROY:
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Q. That's a good point. Comparing this Exhibit
Number 7 to the building depicted, for example -- let's
look at the plan, if we can, page 3 of the plan, page 3 of
Exhibit Number 1.
A. (Perusing document.)
SUPERVISOR WYRICK: I suspect the north arrow
would be pointed toward the bottom of this sketch. I'm
sorry; the other way around.
MR. SCHORPP: Let's let them look at it and
figure it out.
THE WITNESS: I believe that would be to the
stockroom side, if I'm looking at this correctly because we
have the western corner on the back corner of the equipment
repair area.
SUPERVISOR WYRICK: I concur.
MR. GILROY: So if you turn it upside down, the
north arrow would be to the top?
SUPERVISOR WYRICK: I concur. Thank you.
MR. SCHORPP: So the north arrow is at the
bottom.
MR. GILROY: That's right.
BY MR. GILROY:
Q. Mr. Crider, what is the business that you are in
currently at your existing facility?
A. We supply service and products to the wood
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manufacturing industry.
Q. And by wood manufacturing industry, what do you
mean?
A. We work with manufacturers that produce kitchen
cabinets, furniture, stairs and rails; some even
contractors with the woodworking and housing; namely, trim
packages, chair rail, baseboard, that type of thing.
Q. And do you simply provide services to this
specific commercial type of enterprise, the woodworking
industry?
A. That is the largest portion of our
service-oriented business. We do service the metal
manufacturing business, probably about 90/10; 90 being
woodworking and 10 percent metal fabrication.
Q. Do you service both enterprises the same way?
A. Essentially, yes, in that they have two basic
service needs, one being custom colors where we go in and
the company chooses a given color requirement for the
either wood or metal that they intend to coat.
We then create that color for them. We also
provide them with the equipment by with to apply it as well
as service that equipment.
Q. How many employees do you currently have?
A. I have two full-time employees and one
part-time.
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Q. At this proposed facility, how many employees
would you have?
A. Exactly the same.
Q. Now, so the Board understands, would you give
the Board an example of a prime customer, client of yours,
and what you do for them with respect to your services?
A. One of our largest clients is American Stair &
Cabinetry located the other side of Green Village,
Chambersburg, a signature company. They have three aspects
which I service. One is custom cabinetry, stairs and
rails, and they actually do have a countertop division as
well.
Q. So this company manufactures cabinets, stairs
and countertops?
A. Correct.
Q. And what type of specialized service do you
provide for that enterprise?
A. The service that I provide for those are that,
particularly their stair and rail division is one that
probably outweighs the other, is that they provide stairs
and rails custom built for large home builders, what we
call the tract builders; very, very large franchises that
build literally hundreds of houses per year.
They will bring to American Stair the color of
stairs and rails that they want. Many times they are
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hardwood flooring samples; Bruce hardwood, Mannington
hardwood, different flooring companies, and they'll say
this is what we need your stairs and rails to match. They
will then call me, have me come in, I'll get the samples
from them.
Q. Excuse me. So at the enterprise that you're
providing service to, they will identify a color that they
want to match?
A. That's correct.
Q. And then they will contact you?
A. Correct.
Q. What will you do at that point?
A. At that point I'll go to their facilities and
retrieve the sample that they have and bring it back to our
facilities to then make the color match.
Q. What type of samples would normally be given to
you?
A. A wide range depending on the client. We get
anything from a drawer front, a cabinet door, a flooring
sample, a chair, a table board, you name it, whatever they
have that has the existing color on. They will give me
that along with whatever wood species that they intend to
use sanded properly for the application that they would go
by, they give me that and the initial color sample, and
then we bring that back to our facilities and proceed to
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match that color on the given wood species that they
provided.
Q. So the client could give you a can to match the
stain or the paint in the can, correct?
A. Absolutely.
Q. Or they could give you a piece of wood that's
already stained and ask you to match that?
A. Correct.
Q. And would you do any of that work as far as
matching or any analysis at the site of the client?
A. No. We're unable to do that, largely because of
the fact that we have colorant systems that we use that are
only on-site at our facilities.
Q. So you'll take the items back to your facility
and that would be what you would propose to do at this
building?
A. Correct.
Q. Once you take the items back, what do you do
then?
A. We then take the wood that's been prepared, we
take a base, whether it be a stain or a solid color that is
provided by our manufacturer, we take that into our color
room and we begin to add colorant to that base to endeavor
to create the color that the client has asked for.
Q. What type of unique or specialized equipment do
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you have in your color room that you use in conjunction
with these services?
A. In the color room, the solid colors, we do have
the help of a colorized spectrograph where we can actually
read the color. It works 90 percent of the time.
Sometimes you got to read a little into it from simple
eyesight.
As far as stains, they are all done by
eye -- there is no software available at this point; we
only wish there was -- to create the color that we see that
the customer has given to us. We look at it. We then
begin to add colorant through several different means.
We have, what they call, colorant machines that
are set up in 48ths of an ounce to where we can put from a
drop up to two ounces of any given colorant in. We also
have a system where we weigh out on the scales by the grams
the amount of color that we need for the given color.
The choice is generally made based solely on
depth of color and clarity of color determines which system
we're going to use to make that.
Q. And you would do this for stains and for solids?
A. That is correct.
Q. And just for the record, how would you define a
stain as compared to how would you define a solid?
A. A stain would simply be a translucent as you
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would see on the wood that's on the tables here versus a
solid color looking like paint other than it's a wood
coating versus just a typical latex paint.
Q. You mentioned early on that you do some of this
work for metal industry customers. That would be more
solid, obviously?
A. Correct. That's always solid.
Q. Once you match the stain or solid for the
customer on your premises, what would you do at that point?
A. We then take that -- typically we'll do a small
sample. Generally our smallest is a gallon. We would take
that to the customer, have them do their own application
and then, in fact, sign off on that color, approved or
otherwise. If it's not approved, we bring it back and work
on it again. Given it is approved, it's then used for that
job. Some cases that being the only job that it is used
for.
In others, like the stair company that I spoke
of, when we establish, for instance, colors for hardwood
flooring, then we create a formula when we do that. And we
put that formula on file, and they'll repeat that time and
time again for their given customers.
Q. Do you provide other services to the customer
besides just providing the stain or-the solid?
A. We provide essentially two different types of
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service besides that. Many times I am called in from the
standpoint of, for example, they'll call and say we're
doing a bar for a given restaurant, what have you, what do
we need that we can put up there that's going to resist
water, it's going to resist alcohol. And we'll tell them
from start to finish where they need to start with their,
simply even from their abrasives as to how they should
prepare the wood, what they then do as far as color is
concerned, and then the type of material that's required
for that situation.
Moisture and alcohol being a lot different than,
for instance, on a bar surface than what it would be on
somebody's, would you say, dining room chair. Different
products are required for different circumstances.
The other thing that we do is obviously a lot of
these guys in this business already exist, but we also
start a lot of guys to where they'll call in and say we're
getting into the woodworking industry. A lot of times
they've been at another shop basically as an apprentice,
they never got into the finishing aspect of it.
So in going on their own, they'll need to get
into the finishing aspects, assess what their needs are as
far as how big they're going to be once they start, whether
it's a one-man shop, two-man, whether they intend to be 50
men; assess their equipment needs based on size and then
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also on the types of products that they're going to apply.
Q. So you'll provide consultation services for
up-start companies or some existing companies?
A. Correct.
Q. What, if any, equipment do you maintain, sell or
repair in conjunction with these clients that you're
servicing?
A. All of our wood coatings are spray-applied. In
the wood manufacturing industry, the day of slow drying and
brushes has gone by the wayside. Everything is
spray-applied, so we sell a line of spray equipment
specifically for the wood and metal industry that we sell
to the client as well as service after installed.
The bulk of the equipment that we sell from the
spray equipment to the spray booths which they apply the
product in, we go in first and install that equipment, we
then do a run-through with them as to how the equipment
operates, and then from there on out periodically either a
breakdown or a simple question as to something that's not
working correctly, we'll handle those also.
Q. Would you also service equipment as far as
repair for your clients?
A. All of our equipment we service in-house,
particularly our larger companies. For instance, like the
stair company, again, as aforementioned, when they go down,
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they can't be down for any length of time. So we actually
keep rotary units on-hand to where they call that we go
immediately, pull the existing sprayer out, put another in
its place, bring the defective one back and then we repair
it at our facilities.
Q. So you'd be doing the repair of the equipment at
your facilities?
A. That's correct.
Q. Also in conjunction with the service for the
stain and solid, is there a natural progression that if a
customer is putting stain on, the customer would require a
sealant and topcoat?
A. That's correct.
Q. First of all, for the record, please define what
the sealant is and what a topcoat is.
A. Basically in the woodworking industry there's
several steps that always take place. Naturally the first
is to prepare the wood for the colorant. Even if it's
finished naturally, it has to be prepared so that the
surface is smooth before they begin to apply anything.
In most cases, the wood is prepared, the stain
is applied, stain and/or a solid color like a paint, either
way we'll say the color coat has to be applied. Once dry,
they put on a clear sealer which basically encapsulates the
wood or the color to the surface. At that point once
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that's dry, they again sand that to a smooth finish; then
they come back with a clear protective topcoat, which is
their final step. It's always a three-step system, whether
stain or solid color.
Q. And do you provide retail to the customers the
sale of the sealant and topcoat materials?
A. That is correct.
Q. Do you have manufacturers that are, essentially
that they provide all of the same products line that one
manufacturer, for example, XYZ Manufacturing would provide
the ingredients for your stain and then also provide
ingredients for the sealant and topcoat?
A. That is correct.
Q. And is there any advantage to the client to use
the same product from the same manufacturer for all three
steps?
A. Very definite advantage from the simple
standpoint that if you mix and match ingredients from
different companies, the possibility for liability gets
high because everybody just wants to pass the buck.
If there, indeed, is a failure as far as the
coating is concerned and there's been two or three
different companies' products used together, one will
always blame the other for the products not being
compatible. If you use all three products from the same
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manufacturer, then there is a warranty there that is good
that the company will stand behind if, indeed, there is a
product failure.
Q. So by using the same three products, you're
suggesting that using materials from the ABC Company for
mixture of the stain, that the ABC would suggest you're
going to get a better stain and a better warranty if you
also use ABC products for sealant and topcoat?
A. That is correct. Most of our manufacturers
don't even like if you sell a competitive product. They
want you to sell their complete line.
Q. Conceivably, though, could a client retain you
simply to do the stain or the solid mixture and then
prepare those mixtures and sell those mixtures to them?
A. That's actually a niche for us because there are
a lot of companies that are great distributors but suffer
in the service area. We get a lot of calls and a lot of
clientele requesting a custom color-matching for that
reason.
Q. On your Exhibit A-7, which depicted the inside
of the building, you have a color-matching area. What
would you be doing in that area?
A. That's where we take our samples and begin to
add colorant to the bases that we use to create those
colors.
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Q. What would you do in the equipment repair area?
A. That's where we bring the used equipment in that
is not functioning properly; tear it down, clean it up,
rebuild it.
Q. And the stockroom, what would happen there?
A. Stockroom is where we maintain the clear sealers
and topcoats as well as the bases required to make the
given stain and solid colors.
(Applicant's Exhibit No. 8 was marked.)
BY MR. GILROY:
Q. I'll show you what's been marked as Applicant's
Exhibit Number 8. Would you please identify that document?
A. These are the three vehicles which we use to
service our clients.
Q. What vehicles normally do you use?
A. The bulk is generally the smaller vans, if for
no other reasons, for an economics standpoint, much more
fuel efficient as far as the price of gas today. The large
truck is used solely for transportation of 55-gallon drums.
Q. You indicated you'd have a stockroom. Is this
the kind of stockroom like you might get in a paint store
at Ebert's Paint?
A. Essentially the same yet different in the fact
that it's wood-finishing material instead of paint.
(Applicant's Exhibit No. 9 was marked.)
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BY MR. GILROY:
Q. I'll show you what's been marked as Applicant's
Exhibit Number 9. Would you please identify that?
A. That is the storage area in our existing
facilities.
Q. You anticipate a similar type of storage area
where basically you just have one wall lined up for stock?
A. That is correct. It would be essentially the
same in the new location.
Q. Looking at Exhibit A-9 where you see the stock
on the left, would some of those items actually come down
and be used in the color-matching or mixing area?
A. The two rows of five-gallon containers are used
in mixing process. The drums you see on top go out as is.
Q. So the drums would be brought into your facility
and then sent out as is with no modification normally?
A. That is correct.
Q. What would be in the drums?
A. That is sealer and topcoat.
(Applicant's Exhibit No. 10 was marked.)
BY MR. GILROY:
Q. I'll show you what's been marked as Applicant's
Exhibit Number 10. Would you please identify that?
A. That is part of our -- off to your right is some
of the bases that we use for creating colors. The little
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room you see dead center there is our existing color room
where we do our color-matching.
Q. What's right in front of in the middle of the
picture there?
A. Right in the middle is a pump that is in need of
rebuilding that was just brought into the facilities to be
done over.
Q. That's one of the pieces of equipment for the
client that you would service?
A. That is correct.
(Applicant's Exhibit No. 11 was marked.)
BY MR. GILROY:
Q. I'll show you what's been marked as Applicant's
Exhibit Number 11 --
MR. SCHORPP: A-10, is that an interior of your
existing operation?
THE WITNESS: Yes.
BY MR. GILROY:
Q. As is A-9, sir?
A. Yes.
Q. I'll show you what's been marked as Exhibit
A-11. And, again, that is a picture of the interior of
your existing facility?
A. Yes.
Q. What area of your existing facility does that
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depict?
A. That is our repair area for the equipment
aforementioned. There's actually some there in the picture
that is awaiting repair now.
Q. And this is specifically equipment in the
woodworking industry that you have retrieved to repair in
conjunction with your basic package deal of taking care of
the equipment, furnishing the stains and solids and
furnishing some additional sealant and topcoat?
A. Exactly. Our niche in the marketplace has
actually been to provide, so to speak, a one-stop service.
The woodworking industry is very finicky, and there's a lot
of variables involved from environment to types of material
to types of equipment.
So our, would you say, our selling point to our
customers, in which has been received well, has been that
if they have our equipment, they have our materials as far
as wood finishing is concerned, that if they have an issue,
it's always with the same provider.
We're able to go in, again something that we had
talked about with using different companies, we run into
some of the same thing. If you go in and a given finish is
not working correctly, a lot of guys will blame it on the
equipment being used, or vice versa. Customers embrace the
idea that one guy is providing both; that way there's been
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no ducking through that loophole. If something is not
working, it's our responsibility to correct it because the
equipment is ours and the finish is also ours.
Q. What would be your hours of operation, sir?
A. Our hours of operation are 7:30 to 4:30, five
days a week.
Q. The vehicles depicted in Exhibit A-8, how often
would they be traveling up and down Kuhn Drive during the
day?
A. During the day they will leave once, twice tops,
and obviously return. That is the bulk of the coming and
going.
Q. Would your facility require any type of outside
storage of materials?
A. No.
Q. Do you get deliveries of UPS vehicles?
A. Yes, we do.
Q. How often?
A. Worst-case scenario, once a day, five days.
Q. Are there some days you don't get them?
A. Some days we don't get any.
Q. Do you get deliveries on tractor-trailers?
A. Yes, we do.
Q. Why do you need tractor-trailer deliveries in
conjunction with your facility?
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A. The material that we receive is delivered by
commercial freight, typically palleted material, not
advantageous to go by, obviously, UPS or any type of small
delivery because generally our minimums for freight are 3
to 500 gallon at a time. So everything comes on a larger
truck.
Q. When you have a delivery, are you getting
numerous pallets, or is it traditionally one pallet or two
pallets?
A. Some of our companies it's always one; some it
will be four to five pallets.
Q. And in the photographs you've shown, it
indicated a forklift in Exhibit A-9. Is that used for the
pallet?
A. That is correct.
Q. What comes on a pallet?
A. Either two drums, or it would come with -- if
it's all fives, they put 36 fives to a skid; or if it's
mixed, it would be four-gallon boxes and five-gallon tins.
Q. You were present at the Planning Commission
meeting, and I believe those minutes have been marked as
Township Exhibit 2. You were at that meeting?
A. Yes.
Q. Were you asked to estimate your tractor-trailer
trips, deliveries per week at that meeting?
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A. I was.
Q. And what did you come up with at that point?
A. I thought worst-case scenario six per week.
Q. At my request, did you examine over your past
six months your bills and various invoices to determine
what your actual tractor-trailer delivery was?
A. Yes. I had the secretary pull the bill of
ladings for the last six months.
(Applicant's Exhibit No. 12 was marked.)
BY MR. GILROY:
Q. I'll show you what's been marked as Applicant's
Exhibit Number 12. Would you please identify that?
A. This is the five suppliers that we work with
that would be coming in on straight truck or 18-wheeler.
Q. You looked at every supplier that comes in on
the bigger vehicles?
A. That is correct.
Q. And those five suppliers are listed on Exhibit
A-12?
A. Yes.
Q. And based upon your invoices, did you assign a
number for how many deliveries you had over the past six
months from each supplier?
A. That is correct.
Q. Basically from the five, you've had 85 over the
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past six months?
A. Yes.
Q. About 3.2 trips per -- that says per month. It
should be per week. That's my mistake. 3.26 trips per
week.
SUPERVISOR WYRICK: You say over the last six
months. Is it possible to be more definitive than that
from, let's say, November lst to April 1st --
THE WITNESS: That was actually going
from -- you asked me for that last week?
MR. GILROY: Yes.
THE WITNESS: Would have been last week back to
the previous six months. It would be --
SUPERVISOR WYRICK: Basically the 1st of October
until the 1st of April?
THE WITNESS: Correct.
SUPERVISOR WYRICK: Does -- I'm sorry. Maybe I
shouldn't be asking questions yet.
MR. SCHORPP: Why don't you wait until Mr.
Gilroy is completed.
BY MR. GILROY:
Q. Do you have a busier season for truck deliveries
as compared to a nonbusier season?
A. Actually the fall and spring are our busiest
time. The summer is our slow time.
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Q. Why is the fall and spring busier?
A. Generally the fall and spring, particularly in
the housing industry, whether it be with cabinets or with
stairs and rails, the outsides have been completed; it's
the inside work. So our rush comes in the colder season.
Q. Where would a tractor-trailer deliver and unload
at the facility?
A. To the rear of the building. That would be, I
guess, the northern corner, I believe we determined, the
back. There is an area marked on the initial plan.
Q. Referring to Exhibit A-1 on the page 3 there's a
loading area depicted on the back of that. Is that right?
A. That is correct.
Q. And is that shown on -- on Exhibit A-3, can you
see that loading area on the front page?
A. No. It would be on the second page of A-3.
0. So that would be on the western side of the
building?
A. That is correct.
Q. Okay. I think we might have covered this. Your
hours of operation again would be?
A. 7:30 to 4:30 five days a week.
Q. What kind of signage would you have at the
property?
A. Only signage we would have would be on the front
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of the building.
Q. With respect to parking at the facility, what's
your understanding with respect to the parking plan as
shown on page 3 of Applicant's Exhibit Number 1 as far as
required parking and whether you would meet the parking
requirements?
A. Yeah. With the lot that's there would be to
the, again, I guess, the north and the east side of the
building. There's, if I'm counting correctly, like, 24
parking spaces. As we had mentioned before, we have three
full-time including myself and one part-time.
Q. Do you get any pedestrian traffic, anybody
walking to your facility?
A. No.
Q. Do you get many drive-ins since nobody is
walking?
A. Very rare. We have a few, would you say, very,
very small shops. Oftentimes retirees that have small
woodworking shops in their garage will come in for service.
We just had one today, a retired gentleman that was trying
to match a color.
Q. Would that type of drive-in customer be less
than one percent of your total business?
A. Yes.
Q. Now, the ordinance at Section 205-68 suggests
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that the Applicant should incorporate the parking
requirements under Section 205-23 and the buffer
requirements under Section 205-30 of the ordinance. You're
familiar with those requirements?
A. Yes.
Q. Are you prepared to abide by those requirements
as determined by the supervisors?
A. Absolutely.
Q. Based upon the approved plan, do you believe the
property can provide sufficient parking for this?
A. Yes, I do.
Q. How about the number of spots that are out there
right now, how many are there even though they're not
lined?
A. There's essentially 24 spaces.
Q. Will you ever need as much as 24 spaces?
A. No.
Q. So there's room at the parking area to provide
screening and buffering and planting of trees?
A. Absolutely.
Q. Pursuant to Section 205-30 of the ordinance at
Subsection A(5), the ordinance suggests that prior to the
issuance of a zoning permit that a plan would be filed
showing the buffer zones and screened planting.
Are you willing to file that plan in the event
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the Board determines that this proposal meets the
definition of business services?
A. Absolutely.
Q. And you would be willing to have any approval of
this conditional use conditioned upon you following a
buffer and screening plan in conjunction with Section
205-30 and a parking plan in conjunction with Section
205-23, I believe?
A. Yes, sir.
Q. Why didn't you hire an engineer to do a buffer
plan and a parking plan at this point?
A. Basically being we are just a business trying to
mind our Ps and Qs a little bit as to the economics of what
we do and felt that we would look to the Board of
Supervisors as to the possibility of meeting the business
service requirement before we went down that road.
Q. So based upon the plan as presented specifically
Exhibit A-1, you feel that the previously-approved plan
would be consistent with something that you would present
as far as planting of trees and internal green space within
the parking area?
A. Yes.
MR. GILROY: No further questions.
MR. SCHORPP: Mr. Graham, do you have any
questions of this witness?
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MR. GRAHAM: Yes, I do.
BY MR. GRAHAM:
Q. Mr. Crider, you showed pictures of a number of
warehouses in the vicinity.
A. Yes.
Q. How many of those were not in Dickinson
Township?
A. The pictures we have are in that subdivision.
The only --
Q. On that display in front of you there.
MR. GILROY: If you know, sir. You're looking
at Exhibit A-2.
THE WITNESS: These I honestly don't know what
surrounding is all that.
BY MR. GRAHAM:
Q. The building you're proposing to use, what
district is it in?
A. As far as -- this is in Dickinson?
Q. Yes.
A. Yes.
Q. But do you understand what district it's in?
MR. GILROY: I think we can stipulate it's in
the medium density residential office district, commonly
referred to as the MDRO.
BY MR. GRAHAM:
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Q. The warehouses you show were either in the
business industrial zone or else in another township, and
none of those were in the MDRO. So you didn't realize
that, I understand?
A. No, I didn't.
Q. You mentioned the bug place, which is Benzon.
A. Okay.
Q. Do you realize how that was, the conditions
under which that went into where it's at?
A. No.
Q. It did not go in as an MDRO use of an --
MR. GILROY: Well, excuse me, Mr. Graham. Mr.
Graham can testify, I'm sure the Board and solicitor will
tell him, but if he just asks questions now so I can
properly cross-examine him when he testifies.
MR. SCHORPP: Same rules as last time,
Mr. Graham; you need to ask questions at this point.
BY MR. GRAHAM:
Q. I'm familiar with Color Eye color-matching;
that's in my profession. How much space does it actually
take to do color-matching?
A. The facilities that we have now, I'd say the
color range is probably 15-foot square. We have several
colorant machines in there as well as where we weigh the
coloring out.
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Q. These Color Eyes are quite small?
A. The Color Eye, itself, is actually very small.
It's the machines that take up the space.
Q. Is this building considerably larger as the
facility you're in now?
A. It's about 2,600 square feet bigger.
Q. Are you anticipating enlarging your operation?
A. Not looking to enlarge.
Q. You mentioned that you'll abide by the
Township's standard as far as the buffering and everything?
A. Yes.
Q. Do you understand what the Township requires in
the way of buffering?
A. I looked at it and tried to understand it the
best I could. They're telling me that the best thing to do
would be to have an engineer describe that.
Q. If you provide buffering on the north side which
is required by the ordinance, on the north side of the
building, which would be a 50-foot buffer zone, how much
additional space are you going to have for your trucks and
everything to enter your building?
A. You mean as far as on this side here?
Q. Yes.
A. Additional space -- when you say 50-foot buffer,
you talking from the side of the building?
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Q. On the north side, yes.
A. In other words, the driveway that's there now is
more than ample, if that answers your question.
Q. I guess my question is, do you have ample space
to provide the 50-foot buffer zone required by the
ordinance?
A. Yeah. I think the property line, itself, we
have sufficient distance in there from the building to the
property line.
Q. What is the dimension on the west side of your
property? What's that dimension there?
A. You mean on the back corner here?
Q. Yes.
MR. GILROY: 136 feet.
BY MR. GRAHAM:
Q. Thank you. The tractor-trailers when they come
in for deliveries, will they be idling when they're
unloading?
A. Most shut them off whenever they come in.
Occasionally they let them idle, simply from the standpoint
they're usually there about five to ten minutes.
Q. And can you assure the Township and the
residents that your use that you`re proposing will enable
you to meet all the standards required by the Township?
A. Yes. That's the only way we would want to do
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it.
Q. Now, on your plan, I notice on the notes on your
plan it says that the east, west and north sides are not to
be concrete block or steel. Do you plan to reface that
building?
A. Where did you see this now?
Q. It's on the plan that was in the Township office
when I come over to review the plan.
MR. SCHORPP: That's on page 1 of Exhibit A-1,
and it's the conditions of the Zoning Hearing Board
approval number 6. If you take a look at that, I believe
that's what you're referring to.
BY MR. GRAHAM:
Q. Yeah, item 6 there.
A. This would have been the special exception which
would now be null and void, if I'm understanding that
correct.
MR. GILROY: Why don't you tell him what you
plan on doing.
THE WITNESS: What I plan on doing is
immediately upon taking possession would be to completely
repaint the structure that's there. That was our plan.
BY MR. GRAHAM:
Q. Then the plans presented to the Township are
really not the actual plans, the final plans that you'll
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be --
A. The plans would be initially the same except --
Q. I guess what I'm saying is t hat everything in
that plan does not really apply, is wha t you're saying?
A. Well, the special exceptions would not.
MR. GRAHAM: I believe that' s all the questions
I have. Thank you.
MR. SCHORPP: Mr. Heishman, do you have any
questions?
MR. HEISHMAN: Yes, please.
BY MR. HEISHMAN:
Q. Sir, when you're applying your sealants, do you
wear a breathing apparatus?
A. No. We don't actually apply the product
in-house.
Q. When you paint or use any of your solvents, do
you use a breathing apparatus?
A. Again, we don't use any of them in our
facilities; only on the manufacturers' sites.
Q. And if you were to build this building today, do
you know what codes you would have to abide by?
A. I honestly don't know, no.
Q. How do you cure the material?
A. We don't. In other words, everything goes out
in its raw form to the manufacturer. That's actually then
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on-site.
Q. And you said -- you know, this is just for
clarification -- that most of your work would be done in
the fall and spring?
A. No. In other words, the bulk of our business as
far as the amount of business that we do is fall and
spring.
Q. At your home during the fall and spring, do you
open your windows to let fresh air in?
A. During the spring, we really look forward to it.
Q. Yes. If you look at the Exhibit A-2 that your
building is marked 34, I believe it is, do you know what
those buildings are directly north and northwest and
northeast within 5, 600 yards?
A. You're speaking of the houses here?
Q. And across the street, yes.
A. And over here as well. Yes, they are houses.
Q. Okay. What do you do with product when somebody
sends something back as broken and the product is still in
it that's not used, what do you do with that product?
A. We normally don't take broken containers back.
But any product that we have that is unused or outdated is
actually reclaimed. We're hooked up with a solvent
recovery company that comes in and actually removes that
from the site.
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Q. And that reclaimed storage bin will be on-site?
A. No. That's in containers just like
ours -- well, there's typically the -- like you see in the
photos within the storage area, that would be the same type
of canister.
Q. And the same with when you clean this material,
when you clean the stuff you get back, the rags, all that
stuff will be kept on-site?
A. Correct.
Q. And how are they cleaned?
A. The rags and so on, they are also disposed of
through the same company.
Q. You have a forklift on the premises, correct?
A. Yes.
Q. And it will be going outside to unload the
tractor-trailer?
A. Only if we can't get to the tractor-trailer from
the loading area, but I don't know why that would be an
issue.
Q. So you're planning on bacxing the trucx into the
building?
A. Actually, no; to the rear of the building.
Q. And the storage of these, I imagine they're gas.
The picture is gas --
A. They are flammable.
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Q. And you will be keeping those gas containers on
the premises too?
A. In other words, it's not gas, but the finishes
are on the premises, yes.
Q. And going back to the buildings that you said
were houses across the street, do you know how many of them
have children, small children in them?
A. No, I do not.
MR. HEISHMAN: No further questions. Thank you.
MR. SCHORPP: Members of the Board, let me just
interrupt at this point. Let`s go off the record for a
second.
(Discussion held off the record.)
MR. SCHORPP: During the recess, the Board and
the Applicant discussed continuing the hearing to a
subsequent date.
Mr. Graham and Mr. Heishman, we didn't ask you;
is May the 21st acceptable to each of you?
MR. GRAHAM: That should be fine.
MR. SCHORPP: Then we're going to continue the
hearing until May the 21st at 5:30 p.m. here unless the
Applicant's attorney indicates that he has a conflict in
which event we'll attempt to schedule a special night to
continue the hearing. Is that agreeable?
MR. GILROY: That's satisfactory, yes. Thank
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you very much.
MR. SCHORPP: The zoning officer will send out a
letter confirming that to the Applicant and Mr. Graham and
Mr. Heishman.
MR. GILROY: And you have the exhibits?
MR. SCHORPP: I have the exhibits. Thank you
very much.
{The hearing adjourned at 7:05 p.m.)
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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.
~• ~ 1.
Amy R. ritz, Notary Public
Registered Professional Reporter
NOTARIAL SEAL
AMY R. FRITZ, NOTARY PUBLIC
CITY OF CARLISLE, CUMBERLANp COUNTY
MY COMMISSION EXPIRES MAY 23, 2010
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DICKINSON TOWNSHIP
BOARD OF SUPERVISORS
MOUNT HOLLY SPRINGS, PENNSYLVANIA
IN RE: Conditional Use Hearing for the Application of
Specialty Paints & Coatings, Incorporated
TRANSCRIPT OF PROCEEDINGS
VOLUME II (pgs 51-111)
BEFORE: RAYMOND JONES, Chairman
THOMAS E. PATTERSON, Vice Chairman
DANIEL WYRICK, Supervisor
ROBERT LIVINGSTON, Township Manager
ROBERT LAURIELLO, Engineer
JONATHAN E.W. REISINGER, Zoning
Officer/SEO
EDWARD L. SCHORPP, Solicitor
DATE: May 21, 2007, 5:30 p.m.
PLACE: Dickinson Township Municipal
Building
219 Mountain View Road
Mount Holly Springs, Pennsylvania
APPEARANCES:
MARTSON, DEARDORFF, WILLIAMS, OTTO,
GILROY & FALLER
BY: HUBERT X. GILROY, ESQUIRE
FOR - APPLICANT
Amy R. Fritz, Notary Public
Registered Professional Reporter
t Reporting Services
3657 • 717-258-3657 • 717-258-0383 fax
courtreporters4uC~aal. com
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INDEX TO TESTIMONY
WITNESSES PAGE
Max Crider 55
Douglas S. Brehm 76
Kenneth L. Graham 98
INDEX TO EXHIBITS
APPLICANT DESCRIPTION PAGE
13 Land Development Plan 77
14 Enola Construction Statement 91
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P R O C E E D I N G S
CHAIRMAN JONES: Good evening, folks. I believe
we're ready to start. We'll start out by saying the Pledge
of Allegiance to the Flag.
(Pledge of Allegiance to the Flag.)
CHAIRMAN JONES: I believe we're here for a
conditional use hearing, part two.
Mr. Schorpp, if you'd like to open the hearing,
please.
MR. SCHORPP: All right. First of all, my
recollection is when we left off on April 16th
Mr. Heishman, who is not present, had finished his
questions of Mr. Crider who had finished testifying on
direct, and then Mr. Graham asked him several questions and
then Mr. Heishman.
Mr. Crider, you are still under oath. And if
Mr. Heishman or Mr. Graham come in, we'll remind them that
they are still under oath.
Mr. Jones, you were not present for the hearing
on the 16th. Do you desire to participate in this matter?
CHAIRMAN JONES: If permitted. I will certainly
read all of the documentation available and hear what they
have to say.
MR. SCHORPP: We do have a court reporter. I
don't know that we have a transcript as of yet, and we may
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not get one depending on how in-depth the testimony gets.
We do have a tape. Is that correct?
SECRETARY SMITH: Yes.
MR. SCHORPP: So that that would be available if
you want to listen to it.
Mr. Gilroy, do you have any objection on behalf
of your client of Mr. Jones participating?
MR. GILROY: No. I'm sure Mr. Jones will make
himself aware of all the pertinent information before he
would deliberate and render a decision. So we're fine with
that.
MR. SCHORPP: Okay. With that, then, I believe
at this juncture we're ready for questions from the Board
of Supervisors of Mr. Crider.
SUPERVISOR LIVINGSTON: Mr. Schorpp, could I
interject? We did get an email from Mr. Heishman who
couldn't make it this evening, and he said that his
statements from the previous meeting stand.
MR. SCHORPP: All right. With that, then --
MR. GILROY: May I just make one comment? At
the last hearing, I suggested that Mr. Crider would be our
last witness. Since that time, we've retained Doug Brehm,
and Doug is here who is going to give some short testimony
with respect to some screening that we proposed to the
property.
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So I just want to let you know that that's
coming. And as far as questioning Mr. Crider, you can
question him on that, but Doug will testify on that also.
Thank you.
MR. SCHORPP: With that, are there any questions
from members of the Board of Supervisors?
CHAIRMAN JONES: Do you have any questions, Tom?
SUPERVISOR PATTERSON: Yes.
BY SUPERVISOR PATTERSON:
Q. Given the fact of your input into your business,
is this building set up or intended to be set up with a
sprinkler system?
A. There is none there at the moment, and I don't
know whether we'll be required to put a sprinkler system in
it or not. There isn't where we're at now. To the best of
my knowledge, that hasn't been an issue. So that, I mean,
we're kind of open there as far as I honestly don't know.
Q. And another question: In regards to the
materials that you so stock within your business premises,
are you considered to be a HAZMAT business?
A. There are hazardous materials, yes. As far as
whenever they're shipped, they're labeled as hazardous
materials.
Q. In other words, is there a registry at the
County in that regards? Do you know offhand?
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A. No, I don't. In other words, I don't think it's
to that degree. In other words, it's labeled -- there's a
given category that it's in and it's labeled as such when
it's delivered; but outside of that, I'm not aware of
anything.
SUPERVISOR PATTERSON: Okay. I have nothing
further at this time.
SUPERVISOR WYRICK: You indicated that Mr. Brehm
is going to talk about the screening, and I had some
concerns about that. So it probably would be more
appropriate to hold those concerns until I hear what he has
to communicate.
MR. GILROY: That's fine. And Mr. Crider will
be here; so if you want to do Mr. Brehm and get whatever
questions from him, and if you need supplements, we're
happy to do whatever you like.
SUPERVISOR WYRICK: Okay. So I'm fine until we
get the screening information because that's where a lot of
my focus is at the moment.
CHAIRMAN JONES: And I have no questions at this
time.
MR. SCHORPP: And I have a few, if I may.
BY MR. SCHORPP:
Q. Mr. Crider, I'm going to try to put this in
simple terms, and maybe I'm oversimplifying it. But as I
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understand your business, if I were to go to a paint store
such as Duron Paints as a homeowner and ask for a color
that is no longer produced by Duron, they, of course, would
have the paint mix, the contents of the various colors to
arrive at the color that, say, my house was painted 15
years earlier, and they would mix that paint for me.
Now, as I understand your operation, although
we're talking stains and colors and also metal paints,
essentially you do that, only you do it with samples
instead of old patterns. Is that basically -- is that a
fair statement?
A. Samples or old patterns.
Q. In other words, you testified that they bring
the pieces of wood or whatever, the material, to be stained
or painted and tell you we'd like it to match this and then
you take it from there and do your analysis?
A. Correct. We have actually two ways that we go
about it. Stains as a whole are done by eye because they
have no technology at this point to be able to do that. We
take whatever piece they can give to us, whether it's a
drawer, front of a chair, what have you, cabinet door, and
we'll have them also submit the wood types that they're
going to actually apply that color to then.
Then we'll take, and by eye, we'll start with a
clear base, and we'll incorporate the colors that we need
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to arrive at the color that they've submitted on their
sample. That will go out, receive their approval. And
that in itself will be sufficient for the amount they need,
or if it's a large job. We generally don't go out when
it's smaller than gallons even as an approved sample. They
may need 5 gallons for the job, they may need 10 gallons
for the job depending on the size of it.
Solid colors oftentimes we actually use a Color
Eye computer for that where if it's a sample that is not in
a computer base, we'll take and put it up on the Color Eye
and actually measure the color required and then we just
simply add that to the base.
If it's already a -- and that would be in
regards to either something we didn't have in the data or,
as you mentioned, if it's a color that no longer exists, it
wouldn't be in the database so then we'd use the Color Eye.
But if it's in, it's a current color, that's already stored
with a formula to where we can actually go in and print the
formula out and then make that color for them.
Q. So if it's a stain that you're asked to
duplicate, you would use your experience and size the
sample up visually and perhaps you would say, well, this
looks like a cross between a cherry color and a walnut
color and you would bring the various basic stain colors
into a mixture and try to duplicate it. Is that basically
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correct?
A. Correct. We have several actual colorant
systems that are ground pigment, is what they are, that we
actually incorporate into the base. If it's a medium
brown, you know, after having done it for years, you got to
know right off the bat that you're going to be dealing with
browns and yellows and maybe a little black. In more of a
cherry nature, you're into reds, you know, maybe a little
browns.
Simply from having looked at what's there in
front of you and having done it for years is kind of being
able to determine what you need as far as the colors you
need to put in to arrive at that. Some dyes are done in
five minutes, some dyes it takes hours; just depends on the
color.
Q. So you're essentially starting with different
codes or colors and mixing them together to come up with
the product that your customer is looking for?
A. Correct. We start with a base, which is
oftentimes clear, and then add the different colors to make
the combined color.
Q. In your earlier testimony you indicated that you
do sell some stains and/or colors directly in the
containers in which you receive them?
A. Correct.
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Q. Can you tell us what percentage of your sales
are sales of coatings that you do nothing to? In other
words, they come in your door and you turn around and sell
them as is?
A. That's information I honestly don't have to give
you. We haven't broken it out in that regard, but that's
something that I could get for you in that regard.
Q. Could you give us any type of an estimate based
on your --
A. On the stains, we actually would have, my guess
would be that we have more than we do custom. Now, a lot
of those are repeats; in other words, we've established a
color. We physically have to do it every time that they
order.
And since we have a company that has a large
consumption of stains where they order anywhere from 30 to
75 gallon of stain a week -- and all of those are custom
colors which we established years ago -- we simply just
repeat; in other words, we repeat the formula week after
week. So our total stain colors going out, we actually
would be higher with the ones that we're mixing than what
our standard is.
Now, in the clears and whites, which is the two
that we use to make solid colors -- in other words, we
either work from a white base when we're doing any type of
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pastels or off-whites or we're using a clear when it's a
deep color because you have to have the absence of
white. I would say our consumption of those would be less
with what we mix than what goes out the door.
Q. The repeat mixes that you mentioned, are you
still mixing those at your facility, or are you ordering
them in that mix direct from the manufacturer?
A. No. We mix them at the facilities.
Q. And you indicated that you do sell spray
equipment to apply these various mixtures?
A. Correct.
Q. Do you have any estimate of what percentage of
your gross revenues are the sale of equipment?
A. Our equipment range is from actual spray guns to
spray pumps right on up to spray booths where they actually
do the application. And just again a guess at that, I
would say our equipment is about 25 percent of our total
business.
Q. I'm not sure if you covered this; you may have,
so I apologize if I'm repeating. Is there public water and
public sewer available at this site?
A. Public water. There's a septic there, so it
would just be public water.
Q. Do I categorize things correctly to say that
most of your stains, mixtures, are sold for cabinetry and
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indoor trim, staircase, trim and bannisters and things like
that?
A. Our biggest consumption would be the cabinet
industry and the furniture industry. Those are our two
biggest players. We also do the interior trim and so on as
well, but the cabinets and the furniture are by far the
large amount.
Q. And I believe you indicated that you do have
some sales of color coatings for metal objects?
A. Correct.
Q. Can you tell us what type of metal work we're
talking about?
A. For instance, one of our largest clients would
be Shippensburg Pump Company where they make pump
assemblies which are built on skids where they'll have
large tanks and industrial style pumps.
They, for instance, have years ago chosen a
color that they, what would you say, felt fit their need,
and we had that color made just for them. That is
basically a lacquer-based enamel that we sell to them in
drums.
Then we have individuals, for instance, I have
one in Hagerstown, Maryland that builds all kinds of wheels
for agricultural equipment where they're using the
high-flotation tires, very, very large rims that they
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build. They will maybe be anywhere from white to a
caterpillar yellow. It depends on what type of a machine
they're going on. He'll request the color that he needs to
match the machine. We sell shop coat primers to some of
the welding shops.
Yauger (phonetic) Industries in Chambersburg,
they'll get shop coat primers as well as they'll get
specific colors tinted to a given truck or a given machine
that they're putting that particular paint on.
So it's kind of from the bulk of it being
manufacturers right on through to we even have some roofing
contractors that do repaints on roofs that we get into
particular colors for them.
Q. When your products go out the door to the
purchaser, are they shipped with the written application
instructions that are in the containers?
A. The containers are all labeled from the factory
with the application instructions, yes. We don't repackage
them.
Q. And you indicated in your testimony a month ago
that you have several large customers -- and I'm speaking
of your stain function. You have several large customers,
big building companies that build tract developments and so
forth that you have a lot of repeat business with?
A. Actually the biggest company I deal with, they
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actually service the tract builders. In other words,
they're a builder of stairs and cabinetry.
Q. I see. And when you're doing the repeat
business with them, I would assume that they already know
how to apply from past experience with the products?
A. In other words -- their standard products,
absolutely. In other words, that's something that they do
over and over, particularly the stains is kind of a
no-brainer. In other words, it's not something that you've
got to reeducate anybody on.
The biggest service element of the coating
industry is that clear coatings are very finicky based on
their environment. And today they can spray all day long
and not have an issue, everything is fine and rosy;
tomorrow if the humidity goes up or we've got an extremely
cold condition or extremely hot condition and suddenly the
coating will not react the same way it did yesterday.
And that's when the phone starts to ring and
what do we need to do different, we've got bubbles, we've
got blisters, we've got finished clear coating turning
white and what's causing it.
And that's where we go out into the field and
determine what the source of the problem is as to what's
causing that. And then sometimes it's application,
sometimes it's a little environment that they're working in
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which gives us a real struggle to know how to correct that.
Sometimes we've actually been in very high humidity
situations in the heat of the summer that I've actually had
to get the client to close the door and turn the heat on
because they had to dry it out because the coating while in
its wet form will actually absorb the humidity out of the
air which will cause a white haze under the clear coating.
So those are the type of things we run into
literally year-round. In the summertime, it's always heat
and humidity; in the wintertime, it's cold. The coatings
are manufactured to lab conditions, and unfortunately we
don't have a single customer that has lab conditions.
So we end up trying to make a coating that was
manufactured in lab condition work in a less desirable
condition, which is something that is very, very finicky.
Q. And do your repeat customers understand that
that's going to be those variables?
A. They're very aware of that, yes.
Q. What percentage of your sales revenues would you
attribute to these repeat customers?
A. You mean as far as --
Q. Your gross sales revenues, what percentage of
that is made up by repeat customers?
A. The bulk of the time it's going to be a high 90
percent because we don't have a lot of -- we work with new
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customers, but we generally add to the new customers. You
might add a couple in one week and you may not get another
new customer for two months. A lot of our new clients come
based on, what we say, a recommendation from an existing
customer.
Q. When you are speaking of the clear coating,
that's not the sealant, the second coat, that's the very
top coat?
A. Actually both are clear. When you're doing a
clear application, for instance, over a stain, you have a
clear sealer which is applied and then sanded, and then you
have a clear topcoat which goes over that. The sealer has
the absence of any sheen.
The topcoat that you put on is the sheen you
desire whether you're going flat or a high gloss. So
there's actually two steps there with clear coatings. If
it's color, there's a pigmented sealer that goes down.
Oftentimes it's either white or it's grayed off
depending on the depth of the top color. They'll apply the
pigmented sealer, they'll apply the colored topcoat, and
then they'll apply a clear topcoat over that just to simply
protect the color.
Q. On the sealer, do you have the same
environmental concerns as you do with the topcoat?
A. Actually it's even more expedient because when
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you're putting clear coating down, if the sealer doesn't
come out properly, your next coat will simply mirror what's
there. For instance, if they got a very rough finish with
the sealer coat, when they come back and try to put their
clear topcoat on, it just mirrors what's there so you still
have a rough finish. So it's very expedient that you get
that sealer coat down right as well.
Q. But my question is more to whether the heat and
the humidity or cold has the same type of effects on the
sealer as it does on the topcoat.
A. They have the exact same effects. They are
virtually the same product only with the absence of the
sheen. The sealers typically have what they call a starion
thin, which are sanding aides which allows a sanding sealer
when you go over it with a piece of sandpaper to sand
easier than what the topcoat does because it doesn't have
those aides in it. The actual vehicle that that product is
made from is identical.
Q. If you could give us an estimate of the number
of new stains you are asked to develop in the course of a
year.
A. I'll say probably conservatively, I doubt it
will stop at 500 because we get them constantly.
Q. New blends?
A. Yes. Every day there's -- some days you'll get
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1 or 2, and the next day you'll get as high as a dozen or
15. You get flooded with them from time to time, but it's
a consistent every-day thing that there's colors coming in
to be matched.
MR. SCHORPP: Thank you very much. That's all I
have.
MR. GILROY: I'd like to follow up.
BY MR. GILROY:
Q. Just to follow up on that last question,
Mr. Crider, so there's no misunderstanding, although about
90 percent of your customers are repeat customers, these
customers constantly are asking you to mix new stains based
upon a variety of circumstances?
A. Correct. They'll have an individual come in,
whether it's a kitchen or a piece of furniture, and they
have a given color that they want to have matched. So the
same repeat customers are the ones that are constantly
coming in for new colors.
Q. So the repeat customers aren't calling up every
time, give me formula ABC, and that's all they buy for the
whole year; these customers are part of those 500 who want
different stains all the time?
A. Correct.
Q. And consistent with whether it's a new customer
or an old customer, you're still going out, meeting with
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the customer, getting the information and going back and
performing your business service of coming up with the
mixture on-site?
A. That is correct.
SUPERVISOR PATTERSON: Mr. Schorpp, may I ask
another question or so?
MR. SCHORPP: Let's see if Mr. Gilroy has any
more first.
BY MR. GILROY:
Q. Mr. Schorpp questioned you about comparing it to
maybe a paint store, somebody going in and asking for a
particular color. That actual scenario, somebody knocking
on your door with a color stain is infrequent at best. Is
that right?
A. Yeah. We don't really have the walk-in. In
other words, we are going out in the field for that.
Q. You are servicing a specialized, basically the
woodworking and metal business entirely?
A. Correct.
Q. You're not taking care of lawyers like
Mr. Schorpp and me who are doing a little woodworking, for
the most part, maybe on occasion? You'd take care of us if
we came?
A. We're gracious if you come, but we service
primarily the manufacturer. We've got a few hobbyists, but
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our tough part with them, they consume almost as much time
as our manufacturers.
Q. With the focus on the woodworking industry?
A. Yes. The largest part of our business is
woodworking, yes.
MR. GILROY: No further questions.
MR. SCHORPP: Mr. Patterson, I believe, had a
question.
BY SUPERVISOR PATTERSON:
Q. Yes, sir. On a daily basis you have so stated
that you mix new colors and formulas for your particular
clients?
A. Correct.
Q. On a daily basis, how many times do you test the
mixtures of your stains and so forth within your facility?
A. Test?
Q. In other words, you do not -- if you get a
request for a certain stain, color, you do not mix that
without consent and then not testing to make sure that you
have the proper color before you send it to the client,
correct?
A. What we do is have them send in the wood species
that the stain is going to go on and we'll take their
existing whatever piece of that wood is, we'll mix that
stain up, actually dab a little on the wood that they've
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sent in that they're going to apply it to and compare that
to the piece that they've sent in that's already finished.
Q. On a daily operation standpoint, does your
business require from inside to outside ventilation for
your employees?
A. No. There's never been anything of any type
other than your regular heat pump, air-conditioning type
unit.
Q. In other words, your business let's off no
outside fumes from your inside operations?
A. No.
SUPERVISOR PATTERSON: That's all I have,
Mr. Schorpp.
MR. SCHORPP: Any other questions from the
Board?
CHAIRMAN JONES: Yes. After listening to some
of the discussion this evening, I have some questions. If
they've been questions that have been asked and answered
previously, just say so and we'll move on.
BY CHAIRMAN JONES:
Q. I assume time to time that there's going to be
some excess stains or paints. How do you store and dispose
of those excess materials?
A. We had actually addressed that, but I'll --
Q. That's okay. I'll get it on the tape. I would
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think that most of your metal paints that they're going on
large vehicles or something, they're probably standard
colors?
A. Some are, and some we have to mix. In other
words, like the individual with the rims that he makes,
that depends entirely on what the customer has requested as
to what vehicle they're going on.
Q. At your facility, are you attributing that the
application, if there is any, is minimum?
A. Say that again. I'm sorry.
Q. Application of your stains or your paints at
your facility is minimal to none?
A. Right. We do not apply.
Q. Can you tell me what the gross revenue at this
site is projected?
A. We're looking to dish out a million dollars.
Q. And what is your anticipated annual growth?
A. We like to, what would you say, over the last
couple of years if we can grow 100,000 a year, in that
vicinity, we're thrilled. Doesn't always happen, but we
try.
Q. I'm assuming they asked at the first session
that you have other facilities?
A. I don't know if they did, but, no, we don't.
Q. So this is a start-up?
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MR. GILROY: Wait a second. You testified at
the hearing about your other facility, your current
facility where you're working now.
THE WITNESS: Oh. You mean -- I thought -- is
your question that we have multiple facilities or we're
somewhere else now?
BY CHAIRMAN JONES:
Q. I'm assuming that you must be working out of
somewhere.
A. Correct. We're at 1412 Trindle Road now.
Q. And you need to get out of there?
A. Right there our lease is actually up this month.
Q. So you're looking for a new place?
A. Correct. I'm sorry. I misunderstood. I
thought you were referring to multiple locations.
Q. You answered the question about clients visiting
your building?
A. Um-hum.
Q. Very little to no walk-in business; it's clients
coming in and they're either bringing some wood species or
something else to get some discussions with you?
A. Basically 99 percent of that is we actually go
out in the field to the customer and we'll pick up the wood
sample they have or the colored chip and then we bring that
back to do that. They don't physically come in.
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Q. Am I going to see the same type of store front
at this facility as I will on Trindle Road?
A. It's virtually the same other than this has some
facade that we don't have now. What we have now is just a
portion of a steel structure as well with some split-face
block.
Q. Did you discuss signage?
A. I think the question was asked something to that
regarding -- and I responded if we did anything, it would
be a sign on the front of the building, not a big one.
CHAIRMAN JONES: Mr. Schorpp, that's all I have.
MR. SCHORPP: Any other questions of this
witness?
Yes, Mr. Graham.
MR. GRAHAM: Kenneth Graham, 639 Alexander
Spring Road.
MR. SCHORPP: I reminded everybody else you're
still under oath, but you don't have to be under oath to
ask questions. When and if you testify, you`re still under
oath, you understand.
MR. GRAHAM: Okay. Thank you. First of all, I
apologize for coming late, so I may ask questions you've
already talked about.
BY MR. GRAHAM:
Q. But my first question, on the side of your
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building you have, I noticed, Walter Jackson.
A. Um-hum.
Q. What's your association with Walter Jackson?
A. I actually purchased the business from them.
Q. And Walter Jackson is a building product
supplier?
A. Correct.
Q. And I heard you say you do a color-matching
service. That's the service you're providing, a
color-matching service?
A. That is one thing I do.
Q. Do you charge your clients for this service?
A. Yes, we do.
Q. Do you ever give them a free service?
A. It's typically where if it's a very large client
and we're doing -- in other words, there will be a cost the
first time, but if they repeat, then the established cost
of the material is the only thing they pay.
Q. So when you go out and meet with a client and
they want your color-matching service, do they follow up
and oftentimes buy a product from you, the paint from you?
A. Correct. What they'll do is they'll generally
submit me the sample right there on the spot.
Q. And when they do that, do you charge them for
the service, or is that part of the package?
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A. That's part of the package at that point.
Q. Okay. You mentioned you go out in the field and
do a lot of this work. I mean --
A. We actually do the matching in-house. In other
words, we pick up the samples and everything in the field,
then bring them back in-house and match them.
MR. GRAHAM: Thank you.
MR. SCHORPP: I guess that's all for Mr. Crider.
Mr. Gilroy, do you want to call Mr. Brehm?
MR. GILROY: Yes.
DOUGLAS S. BREHM, called as a witness, being
duly sworn, was examined and testified as follows:
BY MR. GILROY:
Q. Mr. Brehm, would you please state your full name
and business address?
A. Douglas S. Brehm, president of Brehm Lebo
Engineering; 17 State Avenue, Carlisle, Pennsylvania.
Q. And were you hired by Mr. Crider in connection
with this matter to evaluate screening and parking issues
relative to this property?
A. Yes.
Q. What is your professional background, sir?
A. We have operated a land development, land
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planning business in Carlisle for 25 years. My specific
background is I'm a licensed surveyor with 25 years'
experience doing subdivision and land development,
providing testimony at hearings such as this in probably
ten different municipalities in the area.
Q. You've testified in Dickinson Township before,
before the Supervisors and the Zoning Hearing Board?
A. Yes.
Q. And in other townships such as Monroe, South
Middleton, the Borough of Carlisle?
A. That's correct.
Q. And is your firm an engineer, and do you provide
representation for any local municipalities?
A. Our firm represents, I believe it's seven
municipalities; North Middleton, Hopewell, North Newton,
South Hampden, Cumberland, Gilford, Green. They`re in
Franklin County and Cumberland County.
Q. In conjunction with your representation of
Mr. Crider, did you analyze the parcel in question and
prepare a plan consistent with the physical layout out
there at this point?
A. Yes.
(Applicant's Exhibit No. 13 was marked.)
BY MR. GILROY:
Q. Show you what's been marked as Applicant's
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Exhibit Number 13. Is that a document that you prepared?
A. That is. And just for the record, it's a
document that's partially part of the plan that Ed Black's
office had prepared for the land development on that
property. We got permission from him to use his plan to
which I marked up with some existing and proposed
conditions.
Q. Why don't you stand up and just go ahead in
narrative indicate to the Board what that plan depicts and
what significance you see on the plan relative to showing
screening and parking issues.
CHAIRMAN JONES: Excuse me. Is this for our
benefit?
THE WITNESS: Yes.
CHAIRMAN JONES: Can we move it a little closer?
(Discussion held off the record.)
THE WITNESS: As I stated earlier, this is lot 9
of the subdivision that was done for Enola Construction. I
think the subdivision was done in 1997. In 2000, Ed
Black's office prepared a land development plan for a 6,600
square foot building, paved parking that actually was
proposed to go back behind the building.
So essentially most of the drawing depicts that.
I've colored it up just to be able to help you see a little
better. That particular plan did not have any screening or
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buffer shown on it. So what we've done is look at the
requirements of your ordinance to determine what screening,
if any, we could put on the site due to the fact that that
was an issue, I guess, at the last hearing which I didn't
attend.
What we had to work with on this property along
the northern boundary is a 5-foot strip of land between the
edge of the parking and property line, so we proposed to
put 6-foot high white pines that are equal spaced about 10
feet apart. There's no room to get a staggered row of
trees there because there's only 5 feet to work with.
Down the northern line, you have some existing
natural screening in the form of some mature trees and
brush in this location. There had been some here that's
been removed, so we turned and screened down the western
boundary line, staggered the same pine trees. We also
proposed a double row staggered pine trees right here along
this parking lot here.
SUPERVISOR WYRICK: When you stagger, you're
putting them in at a 10-foot spacing?
MR. SCHORPP: Let's let him testify, and then
we'll get into cross examination.
THE WITNESS: And maybe I'll just finish my
screening testimony and maybe try to answer Dan's question.
The stagger is about 10 feet. I think your ordinance
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provides for three different ways to go about buffering or
screening. I'm not sure which one this actually qualifies
for, but the bottom line is that's what we're proposing
where we can stagger. We would meet either condition 1 or
2. I think the third one has low-level landscaping and
stuff; we're not proposing that. We're not proposing any
deciduous trees either. We're going to go with evergreens.
I think the first two provide for deciduous.
As far as what else is out there landscape wise,
everything is grass. There's a couple small planters next
to the building, one planter right at the front of the
building, which it's my understanding will remain.
BY MR. GILROY:
Q. What did you do with respect to a parking
analysis?
A. Parking, I wasn't quite sure since I came into
the case a little late, I wasn't sure of the use myself. I
talked to John Reisinger last Thursday or Friday about that
and talked to Hubert. And what I heard tonight is
consistent with what they told me about the use.
So then we went to the chart to pick a use, and
on the second page of the list seemed to be the use
provided for that would be most appropriate for the parking
requirement.
Q. First of all, did you find anything in the
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parking requirements designating parking for business
services?
A. No, sir.
Q. So you had to basically find something that
matched it or would require something more so that you'd
be, you're in a safe harbor?
A. That's right.
Q. So what did you do after talking with
Mr. Reisinger?
A. And we had decided on the one that mentioned
testing, and I can't remember all the terms -- I had it
actually all written down here -- research and testing
laboratory. I'm not sure if it's the laboratory.
Anyway, we agreed that that seemed to be the
most appropriate. That one provides for one space for
every thousand square feet of floor area. 6,600 square foot
building, so we made that seven spaces, one space for every
four employees; and I understand the gentleman has three
employees, him and two others; another space, which is
eight.
And what we did was modified the plan just a
little bit. Actually the previous approved land
development plan had shown parking along the north side of
the building back in here and additional parking here that
was never built. This plan reflects 19 spaces, two of them
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are handicapped, so 17 standard spaces and 2 handicapped.
Q. So your analysis is that by ordinance, this use
would require about 8 or 9 spots?
A. That's correct.
Q. And we're showing 19?
A. That's correct. The only other -- and it's not
parking related. The only other area that we took a look
at for Mr. Crider was back here with respect --
MR. SCHORPP: Don't say here. You're going to
have to tell us.
THE WITNESS: To the west. I guess I'll call it
behind the building to the west. He had indicated that he
needed to have a loading facility at the overhead door to
the west side of the building and that straight-body
trucks, vans, I guess occasionally a tandem truck would
need to get back to the store.
Actually out of the area that was proposed to be
paved, which if you follow this dashed line here, that that
paving that was approved by the 2000 plan actually reached
back to here. Instead of that, we're just proposing a
gravel area in the back for trucks to come in, pull up,
back into the door, turn around and leave.
That would be for the larger trucks, which I
guess occasionally he gets one of those. That's the only
other parking circulation improvement that we've added to
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the plan.
BY MR. GILROY:
Q. And for the record, referring to Exhibit A-13
where that additional area would be, you have written in
there proposed gravel. Is that right?
A. Yes.
Q. In your testimony, you referred to Jonathan.
That's Jonathan Reisinger, the zoning officer for the
Township, correct?
A. That's correct.
Q. We all know that, but the record doesn't.
Did you make any other analysis with respect to
the property?
A. I think the only thing I would add, I guess, in
terms of screening, there is some existing screening that's
off the property only in this location. It's some pretty
spread out, staggered --
MR. SCHORPP: Indicating to the east of the
property?
THE WITNESS: To the east of the property.
There's another building to the east of the property, and I
believe it's on that property. And then we also took note
that there was screening further to the north, I'd say a
lot or two away, that sort of runs the northern boundary
line that's subdivision at this time. And that's pretty
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well established staggered screening. It looks like
they've been trying to establish a buffer there.
Q. That screening to the north was consistent with
the previously approved plan that created the subdivision?
A. From what I could tell in the short time I've
looked through the records, it appears that the original
subdivision for the 10 or so odd lots in here have that
50-foot buffer up in this area to the north with the
planting and the trees.
That, again, was reflected on the series of land
development plans for lot 9. In that seven-sheet
submission package, there was an overview of the
subdivision, and that landscaping was shown there, 50-foot
buffer landscaping. And that's out there. I did see that.
There's also, and I point out --
MR. SCHORPP: Did I understand you're indicating
that buffer is to the south of the residential lots which
front on Alexander Spring Road along that line?
THE WITNESS: That's correct. It appears to be
to the south of those lots and to the north of these
commercial lots. And another significant screening area is
here. I'm not sure that it's that relevant. But between
our property and referring to the south of the huge
warehouses, the warehouse screening borders the entire
southern boundary of this property. And that's pretty
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significant screening. I think that actually includes some
mounding, or I don't know if they have it mounded, but
there's an elevation change with screening on it.
MR. GILROY: I have no further questions for
Mr. Brehm.
SUPERVISOR PATTERSON: I have one question.
BY SUPERVISOR PATTERSON:
Q. Mr. Brehm, on your proposed single line of
screening there, did you say how close to the proximity of
property lines that --
A. The edge of the existing macadam and the
property line are 5 feet apart.
Q. And by your suggestion, or by your testimony,
you suggested to plant white pine there. White pine
spreads out approximately, could be anywhere from 10 to 12
feet out on each side of the tree. Would that not be
encroaching on the lot 10?
A. I don't doubt any pine tree would encroach on
the lot. I mean, white pines may be worse than the others
that were in your ordinance. I picked that one because I
think that's one of the more economical trees to plant. I
don't think you can plant any tree in there without having
the tree overhang on the property line.
BY MR. GILROY:
Q. If I can interrupt, do you have an
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understanding -- first of all, the owner of this lot also
owns the adjoining lot. Is that right?
A. Yes.
Q. And is it your understanding that this plan and
concept was passed by the owner and that if necessary even
if some kind of easement could be obtained for that minimal
encroachment that the overhang would have?
A. That's correct. We have no objection that we've
heard from the owner of any overhang, or like Hubert said,
possibly even obtaining a right to have that happen. But
we were proposing to plant basically the trunks of the
trees on Mr. Crider's property.
SUPERVISOR PATTERSON: I thought I would ask
that now so that it doesn't arise as a question in the
future.
THE WITNESS: And, again, back to the previous
plans -- and I understand there was some debate about this
buffer zone and how that can't even be done here. The
previous land development plan which was approved by the
Board of Supervisors in the year 2000 has no landscaping
and left no room for a buffer for a commercial use on this
lot.
I'm not sure what the use was, but obviously a
6,600 square foot building with a parking lot is a
commercial use. So we're just kind of working with what we
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have. In fact, back here to the west we have a little more
room, so we tried to do something more creative there.
SUPERVISOR PATTERSON: Thank you, sir.
BY SUPERVISOR WYRICK:
Q. Doug, is there any building, at least from a
measurement standpoint, to gain more than 5 feet between
the macadam and the property line by removing some macadam
and still being able to have enough travel area to
effectively operate in the space? It crossed me as kind of
outside the box, outside of where the current conditions
are.
A. I'll be the last one to say you can't do
anything, but it would -- it would appear to compromise at
least the parking here. I can't read the dimensions, and,
again, it's not my plan. But I believe it's 10 by 20 foot
parking stalls on the north side of the building and
approximately 20 foot for the travel lane, whatever the
Township required.
So if you were to remove blacktop along the
northern boundary line, the parking would more likely have
to go and you would have to use that for a travel lane for
vehicles to move to the rear of the property here.
Q. Continuing along that line, how many parking
places do you have there if they were to be removed?
A. Six.
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Q. So that would still enable the minimum required
number of spaces that you would determine, the 8 or 9, if
that parking were to be removed?
A. Correct. We're saying we need 8. Yeah, that
would be -- you would have to make a site improvement to do
that.
Q. I understand that. But if that were to be done,
one, it's possible to acquire 25 feet?
A. I wouldn't maybe go that far, but a good 10
feet, possibly -- at least 10 feet, and maybe 15. Because
I haven't really studied the circulation pattern of trucks
other than to look at the back end of the property, the
west end.
But we have the landscape island here that would
be compromised, and one here, and a man door here at the
west side of the building and a concrete sidewalk. So we'd
want to make sure we have plenty of --
Q. And I understand you haven't studied that, so
that's your professional speculation as to whether it would
work?
A. I think it could.
SUPERVISOR WYRICK: Thank you.
THE WITNESS: You're welcome.
SUPERVISOR PATTERSON: Mr. Brehm, I have one
question.
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BY SUPERVISOR PATTERSON:
Q. Had you discussed with your client in regards to
if, in fact, this proposed screening should or would be
implemented on this property if we have any of the
plantings to die, what would be the replacement of those?
A. I haven't discussed that with him. I would
presume that if Mr. Crider was successful in getting a
conditional use approval, there would be some sort of
occupancy procedure to go into place.
I don't know if he would object to at least a
plant investment policy, impose some sort of a time frame,
18 months or so to watch what's going on. But I don't
think he would have a problem replacing anything that would
die off.
Some of the problems with the landscape
screening that they encounter is once these trees get big
enough, they kill each other anyway. So 10 or 15 years
from now you might be taking some out just so the others
can survive. I don't know that he would object to that.
He'd have to answer that.
Q. Would it be any possibility that we could
possibly -- would you consider using your drawings so that
if we wanted to look at it in any further depth?
A. That is an exhibit right here.
MR. GILROY: We'll be leaving that here. It is
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an exhibit.
BY SUPERVISOR WYRICK:
Q. The 6-foot white pines here you're proposing,
they're what diameter base upon installation; about 3 feet
in diameter, or not even that?
A. I don't know. I think they're a little bit
bigger than that. Tom seems to know more about them than I
do. They might be 10 feet wide at the bottom.
SUPERVISOR WYRICK: At 6-foot height, 10 feet in
diameter at initial installation?
SUPERVISOR PATTERSON: Probably no. No, I would
not say that they're --
SUPERVISOR WYRICK: 3 feet diameter is about
what you might see if it was 6 foot high.
SUPERVISOR PATTERSON: No, they wouldn't be 3
feet thick.
THE WITNESS: I don`t know.
MR. SCHORPP: We're trying to make a record.
Let's hear questions from one of you at a time.
THE WITNESS: I mean, a 10-foot spacing, we find
that to be a real operative number because, again, if
they're going to grow together right off the bat, they're
not really -- with 10 years, maybe that's a great thing,
but...
BY SUPERVISOR WYRICK:
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Q. I'm just trying to ascertain how much open space
is between the plantings initially and attempting to
understand how quickly or how long it might take for that
to be closed up.
A. It's a real dilemma for screening in any
municipality. I'm saying 10 feet with a 6-foot high tree.
Your ordinance talks about, you know, how opaque the view
is. We had this debate 20 years ago in this township, and
I still laugh about it. But I think what we're offering is
if it's white pines or some other equal tree, that we would
meet the spacing that would be required to obtain the 70 or
80 percent of blocking the view, or whatever your ordinance
says.
I'm not that familiar with it, the language, but
I know what you're getting at. You want to know what
you're going to have day one. Most screening you can see
right through five years later, so it's kind of a balance
between keeping them far enough apart that actually you get
a good life out of it but you initially get what the
neighbors want, which is screening.
SUPERVISOR WYRICK: Thank you.
(Applicant's Exhibit No. 14 was marked.)
MR. GILROY: Maybe I can supplement something
here and submit Applicant's Exhibit Number 14 which is a
statement from Enola Construction suggesting that we can,
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we meaning Mr. Crider, can use the adjacent property for a
buffer reason if necessary.
I didn't know it was going to be necessary; but
since the questions are right on top of that, obviously
you're a little concerned about only 5 feet. Maybe if we
could get staggered trees in that area, it might be a
little better.
So we would offer Exhibit 14 and note for the
record that if the Board would rule favorably on this
application, we would not oppose or object to a condition
that the screening as shown here, immediately adjacent lot
10, be similar to the screening that's shown on the
southern side.
Am I right?
THE WITNESS: West.
MR. GILROY: Western side. We could live with
that.
THE WITNESS: The only reservation I would have
about what Hubert just said -- and I'm okay with the
idea -- if there was a proposed septic system in that
location --
MR. SCHORPP: Well, don't say that location.
THE WITNESS: To the north of our building on
lot 10 --
BY MR. GILROY:
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Q. And it's shown. Is that right?
A. The testing is shown. So in accordance with
whatever requirements -- maybe Jonathan can speak to
that -- we wouldn't want to plant through that area. We
may have to do something a little more creative right there
because you're supposed to preserve those locations on your
lot and any lot, really.
MR. SCHORPP: Any other questions from the
Board?
Mr. Graham?
BY MR. GRAHAM:
Q. Yes. When was this plan first made available to
the Township?
A. This particular drawing?
Q. Yes.
A. 45 minutes ago.
Q. So that wasn't on the previous plans submitted
to the Township?
A. I don't know what was submitted previously.
Q. On the north side, you said about 5-foot strip
of landscaping. Did you say that 5 foot is on this
particular property?
A. Yes.
Q. If they did put it on the adjacent property, and
you say -- it was mentioned that the septic system is on
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there also. If that property north of this property is
sold, who has the responsibility of that buffer and that
septic system?
MR. GILROY: Maybe I should answer that because
we would create a legal easement that would flow from the
owner of property 10 to the owner of property 9 with the
ability to maintain the trees and the ability to get on the
property to plant and care for the trees.
MR. GRAHAM: And the burden of maintaining the
trees would be?
MR. GILROY: On the owner of property 9.
MR. GRAHAM: So whoever buys property 9 would be
responsible then to maintain this buffer?
MR. GILROY: That's right. I would assume if
the Board approved this and that was a condition, we would
have to file a document with the Township indicating that
there's a recorded easement to that effect.
BY MR. GRAHAM:
Q. The buffer shown on the east, how wide is that
buffer zone?
A. I'm not showing any buffers. What I've shown is
a staggered row of evergreen screenings.
Q. How wide is that?
A. Well, it varies in width. At the northern end
of the parking lot it's approximately 25 feet from the
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property line; at the southern end, I'm going to say 20
feet.
Q. So you're not really showing a buffer zone;
you're just showing a plan?
A. I don't think we're required to have a buffer
zone. We're just trying to screen our parking lot and
building.
Q. Did you say -- and I think you did mention and
maybe I didn't catch it -- that the plantings were in
keeping with what is called for in the zoning ordinance of
the Township?
A. That's what we're proposing. I selected the
white pines because they're on the list. As I testified
earlier, if we decide that they're not meeting the other
requirement of the spacing to get the coverage that you
want, they may be a little closer together, they may be a
little further apart.
I mean, the gentleman may decide to plant 8-foot
trees. Six is your minimum. He may get larger trees,
which you wouldn't want to plant those, maybe, as close
together. So the idea is the screening that we're
proposing as best we can with the area we have to work with
would be consistent with your zoning ordinance, and it
would be evergreen screening, no deciduous trees.
Q. You mentioned you didn't know the use of this
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building before. You're not aware that -- are you aware
that that building was never given a use since it's been in
this particular location?
A. I have no knowledge of that other than to drive
by occasionally I see a blue building right behind it. I
have no clue what's in there.
MR. GRAHAM: Okay. Thank you.
MR. SCHORPP: Any other questions from the
Board?
SUPERVISOR LIVINGSTON: May I comment, or am I
allowed?
MR. SCHORPP: That's up to the chairman.
CHAIRMAN JONES: Okay, Bob, you have a comment?
SUPERVISOR LIVINGSTON: I would just ask the
Board to ensure with the screening that we have some teeth
in it in case the screening is put up and multiple trees
die because of lack of care or whatever that we can go back
and ensure they replace them.
And I say that from experience and listening to
other developments put in screenings and seeing them die
off and not replaced.
MR. GILROY: We'd concur with that. I've seen
that happen before; people put up trees and they're dead in
a year and they forget about them. If the Board was so
inclined to approve this plan, we would anticipate that any
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screening requirements would include language specifying
that they have to be maintained and replaced if they die.
MR. SCHORPP: Mr. Gilroy, I direct this to you
because I doubt that Mr. Brehm or your client have the
answer to it. The letter from Enola Construction does not
indicate that the easement would be perpetual. Is it your
understanding that it would be?
MR. GILROY: That's my understanding. I don't
know any easement that's worth much unless it is perpetual.
MR. SCHORPP: Are there any other questions of
Mr. Brehm?
Thank you, Mr. Brehm.
Mr. Gilroy, do you have anything further?
MR. GILROY: We would simply move for the
admission of Exhibits A-1 through A-14. That concludes our
testimony, and we may have a short closing statement that
I'd present to the Board after any testimony from the
audience that might be in support of our application or
might be in opposition.
MR. SCHORPP: Mr. Graham, do you have any
objection to the admission of Applicant's Exhibits 1
through 14 into the record?
MR. GRAHAM: No, I don't.
MR. SCHORPP: Thank you. Now, Mr. Gilroy, is it
your position that your case has already addressed the
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specific criteria for professional business services set
forth in Section 205-68 of the ordinance and the general
criteria applicable that all conditional uses set forth in
Section 205-56 of the ordinance?
MR. GILROY: Yes.
MR. SCHORPP: So you rest?
MR. GILROY: Yes, sir.
MR. SCHORPP: Mr. Graham, do you have anything
to present to the Board? Would you come up, please?
KENNETH L. GRAHAM, called as a witness, being
previously duly sworn, was examined and testified as
follows:
THE WITNESS: Kenneth Graham, 639 Alexander
Spring Road. Specialty Painting & Coating, if you look at
the website for this outfit, they're a building material
supplier. And the amount of material that was presented at
the last hearing going into that building is more than
necessary just to do a color match because they show drums
and large quantities of color match.
After the color of the match is approved, it
appears that it's mixed to the amount of paint that the
customer is going to be needing. Color-matching
instruments such as the Color Eye are used to save a paint
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supplier time and to provide a customer with a better
product.
The customer especially gets a color that
matches. They don't consider this a service.
Color-matching equipment today is used to work with color.
I used to work with it myself; I used to work with the
Color Eye. And we didn't do that as a service for the
customer; you did that as an asset to the company.
It enabled us to get a match quicker and better
and a match that will match under various lighting
conditions. It's not a service to customers. The customer
expected that as part of the product. You go down to Home
Depot, Lowe's, these places, one has a Color Eye. They
both have color-matching instruments.
Whether you're buying a quart of paint, which is
the minimum, I think, they'll match, or 100 gallons, the
customer expects the color they want. If the secretary
would take that top of hers in and want that lavender color
as a match, they'd put that in, because that's what she
wants, they'd put that in the Color Eye and it would match
it and give it a formula.
It enables them to satisfy the customer with the
product that they're expecting. So I don't really think
this is a business service. I think it's something the
customer expects and it's part of supplying a product to
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the customer.
In the zoning ordinance, Chapter 205-13 in the
MDRO district, the minimum lot size width is 150 feet. On
the west side of this spot is 136 feet.
MR. SCHORPP: Mr. Graham, before you go too far,
this lot is already created. We're not going to reinvent
the wheel in terms of lot sizes. The lot is already
created.
THE WITNESS: And then that will bring up
another question I'm going to ask for the next meeting, but
I think it's appropriate to bring that one up. This lot
was created under a special exception following the
guidelines of the old zoning ordinance because the Courts
said they can do that. Does that mean that is withstanding
forever?
MR. SCHORPP: The lot is created. And if it's
nonconforming, the ordinance has provisions in it which
would address that. That's a legal issue for the Board to
consider.
THE WITNESS: But doesn't our ordinance say that
if a lot is nonconforming and not used for a period of one
year that it has to be brought into --
MR. SCHORPP: That's a determination for the
Board to consider. We thank you for bringing that to our
attention. We'll take a look at it.
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THE WITNESS: And screening and buffering,
Chapter 205-68 the ordinance requires that the MDRO
district requires that adjoining, anything adjoining the
front of the parking area would require, I think, a 15-foot
landscaping strip other than the 5 foot. On the adjoining
lots where it can abut a residential use with a
nonresidential use -- and this would be a nonresidential
use where it abuts any residential use -- a buffered zone
is supposed to be provided, and the buffered zone is
required to be 50 feet.
According to the plan that was submitted
tonight, the north, east and west sides would all require a
50-foot buffering zone that's not shown on this plan.
MR. SCHORPP: And what section are you
referencing for that?
THE WITNESS: Chapter 205-30. I think it goes
down to A(1).
MR. SCHORPP: Thank you.
THE WITNESS: And you go down that same chapter
to item 4 it states, the vegetative screening must use
opaquecy of 80 percent in the summer and winter. I don't
know if that would or not; I don't know if that can be
determined. But whether it's something to laugh about 20
years or not that the Township had never saw fit to change
it, and that is what our zoning ordinance says.
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An unconditional use permits, Chapter 205-56,
item A it says, approving any such use the Board of
Supervisors shall take into consideration the public health
and safety and welfare and the comfort and convenience of
the public in general and of the residents in the immediate
neighborhood in particular. And I would just remind you to
give consideration to the residents for what's going to be
up there.
And item 2 of that same chapter says, proposed
use shall be such a location, size and character that in
general would be in harmony with the appropriate and order
of the development of the district which is proposed to be
situated will not be detrimental to order of the
development of the adjacent properties in accordance with
the zoning classification of such properties.
That use particularly is not buffered would
certainly be detrimental to the adjoining properties,
particularly if the adjoining property, the one adjoining
property had part of the landscaping burden attached to it
which would minimize the size of that property.
And in case of any use located and is directly
adjacent to a district that permits a residential
use -- well, I think he's covered that with his new plan,
so I won't mention that.
I believe that's all the questions I have here
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for you tonight.
MR. SCHORPP: Mr. Gilroy, any cross examination?
MR. GILROY: No questions.
MR. SCHORPP: Any questions from the Board?
SUPERVISOR WYRICK: I have a question.
Mr. Graham brings up a point that the color-matching is not
construed, per se, by the customer as a business service
but simply part of the process in being able to sell a
product.
And I'm wondering if it could be made clear or
not or whether there is interest or an ability to make
clear whether this is a service that is actually, if you
will, separately billed or, you know, tracked as such or
whether it is simply done in part of a total bill. I'm not
sure that's necessarily been made clear.
MR. SCHORPP: Who are you addressing that to?
SUPERVISOR WYRICK: I guess it would be to
Mr. Gilroy and his client.
MR. SCHORPP: Well, we have Mr. Graham right
now.
SUPERVISOR WYRICK: Well, Mr. Graham certainly
can't answer that; he brought that point up. So that's a
concern that I have that probably would be helped if it was
clarified.
MR. GRAHAM: Color-matching was the primary
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purpose of this business, right? The business service
being provided was the color-matching? And my point was
color-matching is not a business service because I dealt
with it. It's a good working tool for the industry that's
using it. It saves them time and money and gives them a
more satisfied customer.
SUPERVISOR WYRICK: So you're suggesting then
that that is part of the process of selling the materials
for this business as opposed to being a business service
which is being sold?
MR. GRAHAM: Absolutely. If you look under the
parent company that he said he just bought, Walter &
Jackson, if you look at the website, I think they list
services that they provide. Color-matching is not one of
them.
SUPERVISOR WYRICK: I see. Thank you.
MR. SCHORPP: Mr. Heishman is not here this
evening so we won't be hearing from him. I guess then,
Mr. Gilroy, do you have any concluding remarks?
MR. GILROY: Short rebuttal testimony.
BY MR. GILROY:
Q. Mr. Crider, you're still under oath. Do you at
any time separately bill for your service of mixing for
customers?
A. Yes, we do.
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Q. And what other services do you provide besides
mixing?
A. We provide repair of spray equipment and
installation and new equipment as well.
MR. GILROY: No further questions.
THE WITNESS: If I could add one thing in
regards to -- Mr. Graham had mentioned that the matching of
colors is expected when you go to Lowe's, you go to Home
Depot, and the customer expects to have the colors matched.
And I guess to give, what would you say, some
credibility to that thought process from the standpoint of
you can go in and you can use a Color Eye to match that,
and, yes, that person expects that color to match what they
get, what I would like to add to that is a large, large
part of the color-matching that we do is for stains. And
there is no Color Eye for stains. And you can't go to Home
Depot and Lowe's and get a stain matched. They refuse to
do it. They have no capability to do it.
And if they would even consider it, they would
be blending stain color together saying will this do
something, which they aren't even allowed to do. So what
we do is a very unique service in that it's something that
those stores do not provide.
MR. GILROY: Now we have, there`s no further
questions.
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MR. SCHORPP: Do you have any closing remarks?
MR. GILROY: Yes. Relative to the screening
issue, I suggest that we presented a very appropriate,
under the circumstances, screening plan. It's going to
cost a fair amount of money. I think it addressed the
issues that any of the adjacent property owners would
reasonably advance.
I don't believe that the 50-foot provision that
Mr. Graham talks about is applicable to this property.
First of all, you create an existing lot. In essence, 50
feet off this boundary line probably puts you right up next
to the building. It's just not practical; it's not what
this township anticipated.
More importantly he suggested that Section
205-68 incorporates the screening requirements of 205-30.
Let's assume that's correct. 205-30 says, when any
nonresidential use adjoins any residential use -- that's
the first eight words.
We don't adjoin a residential use where he's
talking about here. So it's just not applicable. At my
request, the client has come in here and presented this
buffer plan, and I'd suggest that it's quite adequate.
As far as service, I think we're all bound by
Judge Bayley's decision, and I'm sure that the Board knows
the one I'm referring to. Although I didn't necessarily
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agree with it, I'll cherry-pick out of the decision the
things that I believe will serve us. And one is his
definition of service which is, according to Merriam
Webster, the work performed by one that serves.
Well, it's a service if you go out to a
woodworking facility and meet with a customer and get some
wood and get a stain and you go back and mix that 15 times
until you get the right darn stain and then you go out to
the customer and show it to him and he approves it and then
you mix up a batch, that's a service. Then you deliver
that batch to him. You're not going to get that at Home
Depot or Lowe's. And Home Depot or Lowe's does it for
lawyers, Indian chiefs, doctors, but they just don't do it
specifically for woodworking folks. And that's what this
applicant is doing; he's working with a specialized
industry and he's performing a service.
Now, Judge Bayley also suggested, at one point
he says, the argument misses the point. Obviously he was
referring to my argument. But he goes on to say, business
services must be provided on the property in Dickinson
Township.
We're providing the services on the property.
We are doing the mixing. We are figuring out which stain
works. Once we get that color, we're putting it all
together. When we have equipment, we're bringing the
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equipment in and we're repairing it. It's all part of the
business service.
This board better come up with an idea of what a
business service is because last time you told me you know
what it's not. I'm having a difficult time trying to
define what it is, and this is as close to a business
service as you can get. This is a very reputable client,
as my last one was on this one, and we might be back
hopefully with a different plan. But this building is
there. This is a responsible request to use the building.
There's not a whole lot of traffic, there's not noise,
there's not tough hours, there's not many employees.
I think we meet Judge Bayley's concept of it,
and I hope the Board would be inclined to endorse that
concept also. And thanks a lot for the opportunity.
MR. SCHORPP: Mr. Graham, do you have anything
to say in closing remarks?
MR. GRAHAM: Yeah. I just want to refer back to
that 205-30 that Mr. Gilroy just spoke about and said it
was a residential -- I got to find it here first. It says
a residential use. That same paragraph states, the
residential district in the MDRO is a residential district.
And any one of those lots adjoining it, the one on the
north and the one on the east, neither one has a use
assigned to them yet, so they're still considered
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residential lots. It's a residential district even though
there's not a residential --
MR. GILROY: I don't want to debate with
Mr. Graham. But unless he's looking at a different
ordinance, I'm looking at the preamble of the 205-30. And
it says, when any nonresidential use adjoins any
residential use. I'll agree with him that down in the body
it talks about residential use, residential zone, but I
don't believe that this preamble anticipates that.
And it certainly doesn't make sense under this
property because lot number 10 is not going to be a
residential use. I think the Board should recognize that.
This whole subdivision was contemplated with something else
in mind.
MR. GRAHAM: Could I just read on a little bit
further for Mr. Gilroy?
MR. GILROY: I said I agreed with him that down
in the body it changes it, but...
MR. GRAHAM: Two lines later under A -- and I
think I mentioned A -- if there's any district where a
business, commercial, industrial use abuts the residential
district or residential use. Thank you.
MR. SCHORPP: Anything further?
MR. GRAHAM: It goes on to say a 50-foot buffer
zone.
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MR. SCHORPP: Do either of you anticipate the
need for a transcript at this stage of the proceedings?
MR. GILROY: No.
MR. SCHORPP: With that, then, Mr. Chairman, I
believe you can close the conditional use hearing, and the
Board will deliberate on some future date and arrive at a
decision. And the parties will be advised as to what
decision will be rendered. Thank you very much.
CHAIRMAN JONES: Understanding that we've
listened to all the elements of the conditional use
hearing, I close the conditional use hearing at 6:58.
(The hearing concluded at 6:58 p.m.)
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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.
11(1
Amy R. Fritz, Notary Public
Registered Professional Reporter
NOTARIAL SEAL
AMY R. FRITZ, NOTARY PUBLIC
CITY OF CARLISLE, CUMBERLAND COU
MY COMMISSION EXPIRES MAY 28.2010
SPECIALTY PAINTS & COATINGS,
INC.,
APPELLANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DICKINSON TOWNSHIP AND
THE DICKINSON TOWNSHIP
BOARD OF SUPERVISORS,
APPELLEES 07-4195 CIVIL TERM
BEFORE BAYLEY. J. AND GUIDO, J.
AND NOW, this
DISMISSED.
IN RE: LAND USE APPEAL
ORDER OF COURT
~~ day of November, 2007, this land use appeal, IS
Hubert X. Gilroy, Esquire
For Special Paints & Coatings, Inc.
Edward L. Schorpp, Esquire
For Dickinson Township
:sal
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SPECIALTY PAINTS & COATINGS,
INC.,
APPELLANT
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DICKINSON TOWNSHIP AND
THE DICKINSON TOWNSHIP
BOARD OF SUPERVISORS,
APPELLEES 07-4195 CIVIL TERM
IN RE: LAND USE APPEAL
BEFORE BAYLEY. J. AND GUIDO. J.
OPINION AND ORDER OF COURT
Bayley, J., November 20, 2007:--
Specialty Paints & Coatings, Inc., has an equitable interest in No. 10 Kuhn Drive,
Dickinson Township, Cumberland County, Pennsylvania, for which they filed an
application for a conditional use. On June 18, 2007, the Dickinson Township Board of
Supervisors, rejecting Specialty Paints' position that its proposed use of the property
constituted "Business services" as defined by the Zoning Code of Dickinson Township,
denied the requested conditional use. Specialty Paints filed this appeal which was
briefed and argued on October 3, 2007. Having not taken additional evidence, our
scope of review is whether the Board of Supervisors committed an error of law or
abused its discretion. See Great Valley School District v. Zoning Hearing Board of
East Whiteland Township, 863 A.2d 74 (Pa. Commw. 2004). An abuse of discretion
is where findings are not supported by substantial evidence. Id. Substantial evidence
is such relevant evidence which a reasonable mind might accept as adequate to
support a conclusion. Id.
No. 10 Kuhn Drive is a 1.63 acre tract on which there is a 6,600 square foot
07-4195 CIVIL TERM
building. It is in a Medium Density Residential Office District under the Zoning Code of
Dickinson Township. The Code provides:
[T]he purpose of the Medium Density Residential Office (MDR-O) District
is to provide reasonable standards for harmonious development,
development of residences, apartments, townhouses, professional offices,
financial institutions; and other uses which are compatible with medium
and high density housing; to provide for public convenience and avoid
traffic congestion problems.
Some of the permitted uses in a MDR-O District are single-family detached
dwellings, duplexes, townhouses, individual mobile homes, churches, home
occupations, and government buildings. Conditional uses, when authorized by the
Board of Supervisors, include "Business services." The Code defines "Business
services" as:
A business which provides a specialized, specific, non-industrial service
used to compliment a commercial enterprise and shall also include
accessory retail, repair or assembly which pertains specifically to the
business.
The business of Specialty Paints involves retail sales of stains (ready-mixed or
custom-mixed) and color coatings for cabinetry, wood stairways and wood trim, metal
paint coatings, sealers, and top-coat finishers to large residential housing builders,
"tract builders" and others. Most of the retail sales are comprised of stains and color
coatings matched by the enterprise to customer samples. The use also involves, to a
minor degree, the ancillary and accessory sales and repairing of spray painting
equipment. Stain color matching is performed on the job site, generally by visual
examination of a wood sample. Solid color matching is performed on the job site with
the use of a spectrograph. All products sold are for spray application, and the sale and
-2-
07-4195 CIVIL TERM
repair of spray equipment is a smaller, accessory function of the enterprise. Use of the
premises would include bulk product storage, and a forklift would be used in the
operations. In addition to an office area (25%), the interior of the premises would be
used for a color matching area (7%), an equipment repair area (23%) and 45% would
be used for a stockroom for stains, color coatings, sealers and top coats. Stain and
painting materials would be shipped to the premises in containers ranging in size up to
55 gallon drums. The stains, paints and other products would be delivered by tractor
trailers at a frequency of 3.26 to 6 times per week. Deliveries are generally by pallets
and are unloaded by forklift. Other deliveries are by UPS step-vans on a daily basis.
Product deliveries would be made from the premises to customers in company vehicles,
generally once per day. Business hours would be from 7:30 a.m. to 4:30 p.m.
weekdays. Less than 1 % of sales would be from "walk-ins." There would be three full-
time employees and one part-time employee. Approximately 25% of the product sales
are "stock" factory mixtures. Ninety percent of gross revenues are from repeat
customers. The company performs trouble-shooting for customers having difficulty with
product applications. All trouble-shooting takes place off-premises at customer
facilities. The company charges for time incurred in color-matching as customers
expect to purchase a color or stain tone product that matches the samples they provide.
In rejecting Specialty Paints' position that its proposed use of 10 Kuhn Drive
constitutes "Business services," the Board of Supervisors concluded:
-3-
07-4195 CIVIL TERM
What the evidence demonstrates is that the Applicant seeks, as its
name implies, to operate a paint and stain products sales business. The
described use is not a business service. The Applicant is a retailer of
stain and color coating products, primarily custom blends, with accessory
sales and repair of spray painting equipment. Gross revenues to the
enterprise are derived substantially from the sale of stains and color
coatings. Nevertheless, the Applicant suggests that it is a service
because it blends, on-site, liquid stain and paint materials to achieve
customer-desired color or tone effects. To the contrary, blending
activity is more appropriately described as an industrial use and not
a service.
Section 305-5 of the Code defines "industry" to be: "[TJhe
manufacturing, compounding, processing, assembly, or treatment of
materials, articles, or merchandise." In its blending and mixing
processes, the Applicant compounds and processes different liquid
coatings and is engaged in manufacturing a final product. The word
"manufacture[ing] is not defined in the Code, but commonly means: "the
making of goods and articles by hand ... or by machinery ... to work into
usable form." Webster's New World College Dictionary, Third Edition, p.
824.
Alternatively, to the extent the mixing process might be considered
a service, and the Board determines that it is not, to qualify as a business
service the Code requires that it be a "nonindustrial service." See section
205-5 definition of Business Services. The proposed use is contra the
definition of industry found in the Code. (Emphasis added.)
***
The Applicant's business is primarily and substantially the
filling of retail customers' stain and coating orders, whether by stock
or custom mixtures, from inventory stored at the Premises. The
principal portion of its gross revenues is derived from the sale of products
that meet its customers' specific requirements. Its business is generated
by an ability to sell stain and coating products of a tone and color
demanded by its customers. The Premises will be used primarily for the
storage of stain and paint products, whether for mixing on-site for ultimate
retail, or received into inventory for sale "as is," and the shipping of those
products. It is proposed to be used as paint and stain products
distribution and mixing center for the storage, compounding, blending,
processing, selling and shipping of product inventory.
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Succinctly put, the application proposes a retail sales and
distribution operation with an inherent industrial component. The
repair of spray equipment is an insignificant part of the operations and is
accessory to the principal use. It is not a business service and fails to
qualify as a conditional use under Section 305-13C(3) of the Code.
(Footnote omitted.) (Emphasis added.)
In its brief, the Board of Supervisors concludes by stating that the proposed use
by Specialty Paints of 10 Kuhn Drive "is not a business service, but a retail sales
distribution and warehousing enterprise." Specialty Paints maintains that the Board of
Supervisors erred as a matter of law in concluding that the proposed use of the
property is not "Business services," an allowable conditional use under the Zoning
Code. Specialty Paints argues that this legal conclusion ignores the specialized and
specific nature of the proposed business which is designed to specifically compliment a
specific commercial enterprise, namely the wood and metal manufacturing business.
We recently dealt with a case where the applicant sought a conditional use
based on Business services for a building at No. 8 Kuhn Drive, Dickinson Township,
which is next to the subject No. 10 Kuhn Drive.' In that case we noted:
What the evidence shows is that the Palmers seek to operate a
sales business. Their customers will be detailing shops and automobile
dealerships. The sale of product for the detailing and care of vehicles will
be made off the business premises by employees who will drive relatively
small trucks filled with product to customer locations where, in conjunction
with sales, they will provide instruction and training in product use. The
business premises in Dickinson Township will be used to park the trucks
in the bay where they will be loaded with product that has been previously
' Palmer v. Dickinson Township, 07-0728 Civil Term (order and opinion filed on April
11, 2007).
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delivered on tractor trailers, and stored inside. A few employees will work
at the premises. Training classes in the use of the detailing products will
be conducted inside the premises once, or at most, a few days each
month.
In finding that the Dickinson Township Board of Supervisors did not make an
error of law or abuse its discretion in denying Palmers' application for conditional use
approval, we concluded:
The Palmers' business is retail sales of product off the business
premises. Sales are the business, not an accessory use of the premises.
The Palmers are not proposing to provide detailing services on or off their
premises. The business premises are to be used for storage of
merchandise and the loading of that merchandise onto trucks which
are kept inside the premises for transport and sale at customer
locations. The definition of a "warehouse" in Merriam Webster's
Collegiate Dictionary, Tenth Edition, is "a structure or room for the storage
of merchandise of commodities." That is what the proposed use of the
business premises is, or as the Board of Supervisors stated in their
decision: "[a] products distribution center for the storage and
shipping of product inventory being sold at retail to outside
customers." (Footnote omitted). (Emphasis added.)
To constitute "Business services" under the Zoning Code of Dickinson Township,
the business must provide a specialized, specific, non-industrial service used to
compliment a commercial enterprise. "Service" is defined in Merriam Webster's
Collegiate Dictionary, Tenth Edition, to include "the work performed by one that
serves."2 In the case sub judice, what the substantial evidence shows is that Specialty
In Malt Beverages Distributors Association v. Pennsylvania Liquor Control
Board, 918 A.2d 171 (Pa. Commw. 2007), the Commonwealth Court of Pennsylvania
stated that:
In reading the plain language of a statute, "[w]ords and phrases shall be
construed according to rules of grammar and according to their common
and approved usage." 1 Pa.C.S. 1903(a).
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07-4195 CIVIL TERM
Paints will sell its product off the business premises that are specialty prepared on the
business premises. Its primary use of No. 10 Kuhn Drive will be to mix liquid coatings
into unique products that meet the special requirements of its industry customers. The
coatings will be received from its suppliers, mixed as specified, and then delivered to
customers. Unlike the facts in Palmer, where the primary proposed use of No. 8 Kuhn
Drive was for storage of merchandise to be sold off the premises for the detailing of
vehicles, the primary use of No. 10 Kuhn Drive will be to provide a specialized, specific
service to compliment a commercial enterprise which is to custom mix liquid coatings to
customer specifications. When the Board of Supervisors concluded otherwise that was
an error of law.
However, the Board alternatively concluded that if the mixing process is
considered a business service it is not anon-industrial service. To constitute business
services under the Zoning Code, a specialized, specific service must be anon-industrial
service. The Code defines "industry" as: "[T]he manufacturing, compounding,
processing, assembly, or treatment of materials, articles, or merchandise."
"Compound" is defined in Merriam Webster's Collegiate Dictionary, Tenth Edition, to
include, "to put together (parts) so as to form a whole :COMBINE
<~ingredients>," and "composed of or resulting from union of separate elements,
ingredients, or parts." That is what the mixing of liquid coatings is; therefore, it is an
industrial service as defined by the Dickinson Township Zoning Code. The Board of
Supervisors did not make an error of law in concluding that the proposed use of No. 10
Kuhn Drive is not for business services. The application for a conditional use was
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07-4195 CIVIL TERM
properly denied.
ORDER OF COURT
AND NOW, this ~~
DISMISSED.
day of November, 2007, this land use appeal, IS
By the Cou
Edgar B. Bays y, J.
Hubert X. Gilroy, Esquire
For Special Paints & Coatings, Inc.
Edward L. Schorpp, Esquire
For Dickinson Township
:sal
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