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Home My WebLink About09-0890 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IN RE: Application of Appeal from the Decision of the HENSLEY BROADCASTING SILVER SPRING TOWNSHIP ZONING HEARING BOARD ? No. ?? _ X90 GG,c?,? ??'G?kyli'Gr6k?? J /756 NOTICE OF APPEAL FROM THE DECISION OF THE SILVER SPRING TOWNSHIP ZONING HEARING BOARD. TO THE PROTHONOTARY: Notice is given that Hensley Broadcasting appeals from the decision of the Silver Spring Zoning Hearing Board, entered in this case on January 14, 2009, at Docket No. SE 2008-4. Appellant requests a Hearing De Novo in this matter. i!v Melville G', M. Walwyn # 18060 P.O. Box 1083 Harrisburg, PA 17108 717-232-0$77 1 IN RE: BEFORE THE SILVER SPRING TOWNSHIP ZONING HEARING BOARD APPLICATION OF CUMBERLAND COUNTY, PENNSYLVANIA HENSLEY BROADCASTING : DOCKET NO. SE 20084 DECISION DENYING SPECIAL EMPETIONS The applicant seeks a special exception to place a communication tower in the Rural Residential Zone. A hearing on the application was held on December 8, 2008. Facts 1. Applicant and proposed lessee of the property is Hensley Broadcasting, of 8 West Main Street, Shiremanstown, Pennsylvania. The property is owned by Belinda L. Page and Stephen L. Grose. The applicant was represented at the, hearing by Timothy Wakefield of Act One Consultants, Inc., of 200 South 41St Street, Suite A, Harrisburg, Pennsylvania. 2. The property in question consists of a 29.94 acre parcel located on the west side of Timber Road. The property is irregularly shaped and, is zoned Agricultural. 3. The applicant proposes to erect a 338.55 foot tall broadcasting tower on the property. The tower would be surrounded by an 8 foot high fence which would encompass a 15 foot by 15 foot area. There would be 4 cabinets located on the ground to house equipment but there would be no employees on the property other than for occasional maintenance. There would be guy wires from the tower to the ground which would be located outside the fenced area. 4. The tower would be setback a minimum of 338.55 feet from the closest property line and more than 1,000 feet from Timber Road. Access to the property would be by means of an existing farm lane. The property is otherwise presently undeveloped with the exception of utility transmission lines which cross the southwest corner of the property. 5. In addition to the applicant, a number of neighboring property owners appeared to testify against the proposed special exception. Henry Oole and Lidwina Gole of 36 Timber Lane expressed concerns about lighting on the tower) as well as the possible effect upon water supply from the construction required for the foundation installation. Donald Scott Kline of 9 Timber Lane expressed concerns about sink holes in the area and their possible affect on the stability of the tower. He also testified that he was concerned about the affect of the tower on the natural beauty of the agricultural zone. A representative of the Board of Supervisors stated that the Board had no comment on this application. Conclusions I 1. Section 201.3 designates a communications tower as a special exception in the Agricultural zone. 2. Section 604.3 of the ordinance grants to the Zoning Board the power to grant special exceptions where the criteria set forth in the section are, met. 3. The Boards finds that the proposed use would distract from the use and enjoyment of adjoining or nearby properties and would substantially' change the character of the subject property's neighborhood. The applicant provided little) information about the potential impact of the required lighting of the tower and surrounding property owners expressed reasonable concern about the impact of the required lighting on the tower. Additionally the visual impact of the tower in relatively close proximity to residences is inconsistent with the Agricultural zone. Decision In view of the foregoing, and having considered the plans and testimony submitted to the Board, it is the opinion of the Board that a Special Exception should be and is hereby denied. Silver Spring Township Date: ' _1z Zo 'ng -v ? ? Chair 1V "11 O n -1 N C'7 ?.C.y W N C?a --i -5i-n -# --C ? j??sf rn ,ti A-if 71 701? 175 /,/ah/ c X70 N ... ? ? , r- --1 -? '"c i C ;e S _4 ..n ?. 1`1 r Js ?.. :j f>' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Application of Hensley Broadcasting Vs. No. 09-890 CIVIL TERM Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17050 WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) TO: Silver Spring Township We, being willing for certain reasons, to have certified a certain action between Application of Hensley Broadcasting vs. Silver Spring Township pending before you, do command you that the record of the action aforesaid with all things concerning said action, shall be certified and sent to our judges of our court of Common Pleas at Carlisle, within (20) days of the date hereof, together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Commonwealth. WITNESS, The Honorable Edgar B. Bayley our said Court, At Carlisle, PA., the 13th day of February 2009. C is R. L ng, Proth notary Ln CO Sent To S; lv?r ??? Tc<?ns?to •-- - - ---------------------- or PO Box No. ? 7S r 1, l - -- - P ------------------- 9 .1 APPLICATION OF HENSLEY IN THE COURT OF COMMON PLEAS BROADCASTING CUMBERLAND COUNTY, PENNSYLVANIA Appellant V. SILVER SPRING TOWNSHIP No. 09-890 CIVIL TERM 6475 Carlisle Pike Mechanicsburg, PA 17050 Appellee LAND USE APE AT MOTION TO QUASH APPEAL AND NOW, this 5th day of March, 2009 comes Silver Spring Township, by its Solicitor, Steven A. Stine, and avers the following: 1. On February 13, 2009, Hensley Broadcasting ("Hensley") filed a Notice of Appeal from the Decision of the Silver Spring Township Zoning Hearing Board (the "Board"), in the above-captioned matter. 2. On March 5, 2009, Silver Spring Township (the "Township") filed a Notice of Intervention in the above-captioned matter 3. Hensley's Notice of Appeal consisted only of the following: a statement that it was appealing the decision of the Silver Spring Township Zoning Hearing Board, entered on January 14, 2009 at Docket No. SE 2008-4; a request for a de novo hearing; and an attached copy of the Board decision and transmittal letter. 4. The Notice of Appeal did not concisely set forth the grounds on which Hensley relies in filing the appeal. 7 5. Section 1003-A(a) of the Municipalities Planning Code, 53 P.S. §1 1003-A(a), provides, in pertinent part, as follows: Land use appeals shall be entered as of course by the prothonotary or clerk upon the filing of a land use appeal notice which concisely sets forth the grounds on which the appellant relies. 6. When a notice of land use appeal fails to specify any grounds for the appeal, dismissal of the appeal is warranted. WHEREFORE, the Township of Silver Spring respectfully requests that this Honorable Court quash the appeal of Hensley Broadcasting for failure to specify any grounds for the appeal as required by Section 1003-A(a) of the Municipalities Planning Code.. Dated: March 5, 2009 Attorney for Silver Spring Township 2 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Motion to Quash on the following below-named individual by depositing the same in the U.S. Mail, this 5th day of March 2009. SERVED UPON: James H. Turner, Esquire Turner & O'Connell 4415 North Front Street Harrisburg, PA 17110 Melville G. M. Walwyn, Esquire P.O. Box 1083 Harrisburg, PA 17108 r.s mr v tiL APPLICATION OF HENSLEY BROADCASTING Appellant V. SILVER SPRING TOWNSHIP 6475 Carlisle Pike Mechanicsburg, PA 17050 Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-890 CIVIL TERM LAND USE APEAL NOTICE OF INTERVENTION Please take notice that the Township of Silver Spring, the municipality which is the location of the property of the Appellant involved in the decision of the Zoning Hearing Board of Silver Spring Township from which this appeal has been taken, intervenes in this appeal in support of the decision of the Board. Please note that the Notice of Appeal erroneously names Silver Spring Township as a party, when in fact the Silver Spring Township Zoning Hearing Board is the appropriate party. Dated: March 5, 2009 Respectfully submitted, Ate, ESQUIRE Attorney I.D. #44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 Attorney for Intervenor 4t CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing upon the following below-named individual(s) by depositing same in the U.S. Mail this 5th day of March 2009. SERVED UPON: James H. Turner, Esquire Turner & O'Connell 4415 North Front Street Harrisburg, PA 17110 Melville G. M. Walwyn, Esquire P.O. Box 1083 Harrisburg, PA 17108 mp. .. C! cn N P ?v w 0 g o. 1 CD 7 $ to w a w avv o ? O ? N 013 coo 3` a WT w ?_' z D N G l0 N R7 E to C O T C N N CL + c v C-? m }} "s.M ym „t l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Application of Appeal from the Decision of the HENSLEY BROADCASTING SILVER SPRING TOWNSHIP ZONING HEARING BOARD No. 09-890 CIVIL TERM NOTICE OF WITHDRAWAL OF APPEAL FROM THE DECISION OF THE SILVER SPRING TOWNSHIP ZONING HEARING BOARD. TO THE PROTHONOTARY: Please mark the within Appeal withdrawn and discontinued, without prejudice. ln'?" 4 "L-r- Melville G. M. Walwyn # 18060 P.O. Box 1083 Harrisburg, PA 17108 717-232-0577 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Application of Appeal from the Decision of the HENSLEY BROADCASTING SILVER SPRING TOWNSHIP ZONING HEARING BOARD No. 09-890 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I have this 29th day of April, 2009, served a true and correct copy of the Notice of Withdrawal upon below named counsel by depositing same in the U.S. Mail, as follows:- James H. Turner, Esquire, Turner & O'Connell, 4415 North Front Street, Harrisburg, Pennsylvania 17110 Steven A. Stine, Esquire, 23 Waverly Drive, Hummelstown, Pennsylvania 17036 AL?- ? VMelville G. M. Walwyn FUF?r-' 'F Dui F THE '?',w '; ;n ,'l jpNRY 2299 MAY -4 Pli 3: 4 3