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MOUNT HOLLY SPRINGS BOROUGH,: IN THE COURT OF COMMON PLEAS OF
Appellant CUMBERLAND COUNTY, PENNSYLVANIA
r�
V. 2013 -
ZONING HEARING BOARD OF CIVIL ACTION — LAW
MOUNT HOLLY SPRINGS BOROUGH,: ZONING APPEAL
Appellee
>
NOTICE OF APPEAL OF MOUNT HOLLY SPRINGS BOROUGH t.
Mount Holly Springs Borough, by and through their solicitor, Michael A. Scherer,
Esquire, hereby files this Appeal pursuant to Section 1002 -A of the Pennsylvania
Municipalities Planning Code, 53 P.S. §11002 -A, as amended, from the July 5, 2013
written decision of the Mount Holly Springs Borough Zoning Hearing Board, relative to
the application of Linda Henninger, which sought a variance in accordance with the
relevant sections of the Zoning Ordinance of the Mount Holly Springs Borough. In
support of the instant Appeal, Mount Holly Springs Borough respectfully states as
follows:
1. Mount Holly Springs Borough (hereafter referred to as "Appellant ") is a
municipal corporation with a principal place of business at 200 Harman Street, Mt. Holly
Springs, Cumberland County, Pennsylvania.
2. The Zoning Hearing Board of Mount Holly Springs Borough (hereinafter
referred to as "Appellee ") is a governmental agency or unit of the Mount Holly Springs
Borough, Cumberland County, Pennsylvania, with principal offices located at 200
Harman Street, Mt. Holly Springs, Cumberland County, Pennsylvania. The Solicitor for
the Mount Holly Springs Borough Zoning Hearing Board is Jennifer Hipp, Esquire, with
an address of 1 West Main Street, Shiremanstown, Pennsylvania 17011:
���g3�16e2
3. On March 14, 2013, Linda Henninger (hereinafter "Henninger ") submitted
to Appellant a request for a variance from the Mount Holly Springs Borough Zoning
Ordinance (hereinafter "Ordinance ") to obtain relief from Article XI, Section 1113 of the
Ordinance relative to property Henninger owns at 133 West Pine Street in Mount Holly
Springs Borough, which property is in the R -1 Residence District.
4. In her application, Henninger sought permission to continue to operate the
"Mount Holly Springs Chiropractic Clinic" which is a business that offers chiropractic,
yoga and therapeutic massage services under a section 1113 of Article XI of the
Ordinance, which section provides that whenever in any district a use is not specifically
permitted or denied, the Board shall have authority to permit the use or deny the use
after public notice and a public hearing.
5. Hearings on the application were held on May 13, 2013 and June 11,
2013, at which Henninger was represented by William Duncan, Esquire, and neighbors
of Henninger, Mr. and Mrs. Cohick, were represented by Victor Neubaum, Esquire.
6. The Appellant's zoning officer testified at the hearing(s) but the Appellant
did not independently call witnesses, offer evidence or otherwise participate in the
proceedings before Appellee.
7. The Appellee issued a written decision dated July 5, 2013 granting
Henninger's request for a variance. A copy of the July 5, 2013 decision is attached
hereto as "Exhibit A."
8. Appellee's decision constitutes an error of law, an abuse of discretion and
is not supported by the facts in the record in that:
a. the criteria for granting a variance under Pennsylvania law and the
Ordinance have not been met;
b. Henninger did not demonstrate that the Ordinance inflicts an
unnecessary hardship upon her;
C. To the extent Henninger has suffered a hardship, the hardship was
created by Henninger;
d. the variance will alter the essential character of the neighborhood
and impair the use of the neighboring lot/residence owned by the Cohicks and other
nearby lot owners;
e. Henninger's proposed use of the property as set forth in the
application does not meet the criteria of a "home occupation" as defined in the
ordinance;
f. Henninger's business use of the property has grown beyond that
which was originally permitted by Appellant and the operation of businesses other than
the chiropractic center are illegal and are being conducted without Appellant's approval.
9. Inasmuch as Appellant did not participate in the proceedings conducted by
Appellee, Appellant reserves the right to supplement the basis and grounds for this
Appeal after receiving and reviewing the evidence submitted to the Appellee at the
hearings and a review of the transcript of the proceedings before Appellee.
WHEREFORE, Appellant respectfully requests that this Honorable Court reverse
the July 5, 2013 written decision of Appellee and deny Henninger's request for a
variance as set forth in the application.
Respectfully Submitted,
BARIC SCHERER LLC
Date: U16
Micha I A. Scherer, Esquire
Baric Scherer LLC
19 West South Street
Carlisle, Pennsylvania
(717) 249 -6873
Attorney for Mount Holly Springs Borough
CERTIFICATE OF SERVICE
I hereby certify that on the 3—L day of , 2013, I, Andrea M.
Ramos, of Baric Scherer LLC, did serve a copy of the Notice of Appeal by Mount Holly
Springs Borough, by first class U.S. mail, postage prepaid, to the party listed below, as
follows:
Jennifer B. Hipp, Esquire William A. Duncan, Esquire
Law Offices of James Bogar Duncan & Hartman
1 West Main Street 1 Irvine Row
Shiremanstown, Pennsylvania 17011 Carlisle, Pennsylvania 17013
Victor A. Neubaum, Jr., Esquire Frederick K. House
Malone & Neubaum 202 West Pine Street
42 South Duke Street Mt. Holly Springs, Pennsylvania 17065
York, Pennsylvania 17401
Andrea M. amos
RE: LINDA HENNINGER, ZONING HEARING BOARD OF
Applicant THE BOROUGH OF MOUNT HOLLY
SPRINGS
Request for Variance Date of Decision: July 5, 2013
DECISION OF ZONING HEARING BOARD
I. Procedural Background and Findings of Fact
Applicant, Linda Henninger, is the owner of real property located at 133 West Pine
Street in the Borough of Mount Holly Springs. The property is located in the Borough's R -1
Residence zoning district.
On March 14, 2013, the Applicant submitted to the Borough of Mount Holly Springs
Zoning Hearing Board ( "Board ") a request for a variance to obtain relief from Article XI,
Section 1113 of the Borough of Mount Holly Springs's Zoning Ordinance ( "Zoning
Ordinance "), which sets forth that whenever in any district a use is not specifically permitted or
denied, that the Board shall have the authority to permit the use or deny the use after public
notice and a public hearing. The Applicant proposes to continue operating the Mount Holly
Chiropractic Clinic, which offers chiropractic, yoga therapy and therapeutic massage services.
After proper advertisement and notice, public hearings were held on May 13, 2013 and
June 11, 2013, in the Mount Holly Springs Borough Municipal Building, 200 Harman Street,
Mount Holly Springs, Pennsylvania, at which hearing Board members Andrew G. Otto, Cynthia
S. Thompson and Nancy E. Zentmeyer were present. Jennifer B. Hipp, Solicitor, was present on
behalf of the Board. The Applicant was represented by William Duncan, Esquire. Frank and
Donna Cohick entered their appearance as party opponents. Mr. and Mrs. Cohick were
"Exhibit A"
represented by Victor A. Neubaum, Esquire. Fred House entered his appearance as a party
opponent and was present at the hearing. The hearing was stenographically recorded.
Dennis Russell, Zoning Officer, Borough of Mount Holly Springs, was called to testify as
,a witness. Mr. Russell testified that a home occupation is a permitted use in the R -1 Residence
zoning district. When questioned by Mr. Duncan, Mr. Russell testified that the Applicant's use
of the property is permissible as a home occupation. While Mr. Russell met with Dr. Henninger
regarding her operation of the Mount Holly Chiropractic Clinic, he testified that he did not issue
a zoning enforcement notice to her. In addition, Mr. Russell testified that he determined that the
Applicant's property is located within the Borough of Mount Holly Springs.
The Applicant testified in support of her Application. Dr. Henninger testified that she is
a licensed chiropractor and that she and her husband purchased the property in 1987. She
testified that she commenced her chiropractic business in the Borough of Mount Holly Springs in
1988.
Dr. Henninger testified that she and her husband selected this property, in part, because
the property contained an outbuilding that would be a suitable location for operation of her
chiropractic business. At some time in 1987, the Applicant contacted Albert Black, who was the
Zoning Officer for the Borough at that time. The Applicant testified that she questioned Mr.
Black as to whether the outbuilding is located within the Borough of Mount Holly Springs, given
that her property is located close to the border of the Borough with South Middleton Township.
She also testified that she applied for and received a building permit to make alterations to the
building to convert it from a workshop to an office for her chiropractic business.
The Applicant testified that she has continuously operated her business from the property
since 1988. She testified that she filed an Application to the Zoning Hearing Board for a
2
variance in response to Mr. Russell contacting her relative to her operation her business in the
building.
Dr. Henninger testified that Mr. and Mrs. Cohick moved into the adjacent property
sometime in 1988. She testified that she believes that the contact initiated by Mr. Russell was
generated by Mr. and Mrs. Cohick complaining about her business operation. Further, the
Applicant testified that she believes that the Cohicks' complaints were generated by one of her
patients backing into the Cohicks' fence.
Dr. Henninger testified regarding the range and types of services offered at her business.
She offers chiropractic services, which include the assessment of function, posture and
mechanical abilities; conducting a medical history for the patient; an assessment regarding
treatment needed; and prescribing various courses of chiropractic treatment, which include spine
manipulation, massage or muscle care, and active care such as exercise and stretching.
Dr. Henninger testified that in approximately 1990 or 1991, she hired a staff person to
provide therapeutic services. She testified that the therapeutic massage services are
prescribed by her for her patients as part of their chiropractic care. Dr. Henninger testified that
she employs one licensed massage therapist who is Ms. Susan Allen. She noted that Ms. Allen
works approximately 20 hours per week.
The Applicant testified regarding the active care and exercise, or yoga therapy, that she
prescribes for her patients. The yoga therapy includes teaching her patients how to move and
exercise correctly. This portion of the care includes both one -on -one yoga classes and group
yoga therapy classes. Dr. Henninger conducts the yoga therapy classes.
3
Dr. Henninger testified that, in her professional opinion, her patients' recoveries would
be compromised unless all three types of care are received given that the chiropractic,
therapeutic massage and yoga therapies all complement one another.
Dr. Henninger also testified that she has two employees who work a total of eight hours
per week. These employees perform clerical services, such as making phone calls and
performing filing work for the Mount Holly Chiropractic Clinic.
Dr. Henninger testified that, when she and her husband renovated the outbuilding in
1987, that they installed drywall; constructed a bathroom and four rooms; and installed carpeting
and windows. Over the years, Dr. Henninger has had various items of maintenance, upkeep and
improvement to the building completed, which include, for example, installation of new flooring
and insulation and replacing leaking windows.
Dr. Henninger testified that Ms. Allen is not the first licensed massage therapist that she
has hired at the Mount Holly Chiropractic Clinic. She testified that there have been a total of
five licensed massage therapists who have worked at the Mount Holly Chiropractic Clinic over
the period of time that she has operated her business.
I
Dr. Henninger testified that she provides off - street parking on a paved surface adjacent to
the building where her business is located. While there is a paved surface for off - street parking,
there are times when patients park in the grass. At most, there are eight cars located at the
business at any one time.
Dr. Henninger was clear in her testimony in that the patients' care in receiving massage
therapy services is supervised by Dr. Henninger. Dr. Henninger testified that she consults with
Ms. Allen regarding the patients' care. Sometimes, patients receive massage therapy
immediately after receiving chiropractic care, and that the sequencing of the different types of
4
care is critical in improving the patients' conditions. She also testified that the yoga therapy is
equally critical to achieving successful chiropractic care results.
Michael Heefner testified in support of the Application. Mr. Heefner helped Dr.
Henninger renovate the outbuilding into an office by completing alterations to the existing
structure, all as testified to by Dr. Henninger. He noted that he performed the work at the
property in 1988. He testified that a building permit was obtained because he recollects seeing
the permit posted in the window in the door of the building. Further, he testified that the permit
was issued by the Borough of Mount Holly Springs.
Susan Allen testified in support of the Application. Ms. Allen is a licensed massage
therapist who works with Dr. Henninger. Ms. Allen testified that she provides therapeutic
massage services to Dr. Henninger's patients only pursuant to Dr. Henninger's supervision and
guidance. Ms. Allen testified that it is common for a chiropractor to work with licensed massage
therapists as part of the care that is prescribed for the chiropractor's patients. Ms. Allen testified
that the yoga exercises provide strengthening and stretching of the muscles, which is an
important part of chiropractic care. She testified that the offering of chiropractic services in
conjunction with therapeutic massage and yoga classes represents a comprehensive approach to
care. Ms. Allen testified that she works a total of approximately 20 hours per week at Dr.
Henninger's chiropractic clinic. She has been working with Dr. Henninger for approximately
three years.
Wendy Toms testified in support of the Application. Ms. Toms testified that she became
a patient of Dr. Henninger approximately three years ago. Ms. Toms testified that Dr. Henninger
7
prescribed therapeutic massage and yoga therapy as part of the chiropractic treatment that she
receives. She testified that there was a huge result in terms of her feeling better and her health
5
problems being ameliorated. Ms. Toms testified that, as a direct result of the care she received
from Dr. Henninger, she became stronger and more flexible. She lost 65 pounds as a part of
doing all three treatments prescribed by Dr. Henninger over the past three years.
Maureen Mumma testified in support of the Application. Ms. Mumma has been a patient
3
of Dr. Henninger for approximately 15 years. She has received each of the three treatments
prescribed by Dr. Henninger and testified that the three treatments complement each other.
Cecelia Clippinger testified in support of the Application. She has been a patient of Dr.
Henninger for approximately ten years. Ms. Clippinger testified that she has received
chiropractic and therapeutic massage services at Mount Holly Chiropractic Clinic. She has also
done yoga exercises with Dr. Henninger.
Mary Behar testified in support of the Application. She has been a patient of Dr.
Henninger for approximately ten years and has received and benefitted from all three therapies.
Cynthia Sniscak testified in support of the Application. Mrs. Sniscak has been a patient
of Dr. Henninger for approximately 20 years. She testified that she has received massage
therapy and yoga services. Mrs. Sniscak testified that the yoga therapy is a boost to treatment
and that she completes it prior to receiving chiropractic care.
Mary Lee Shenk testified in support of the Application. Ms. Shenk has been a patient of
Dr. Henninger for approximately 20 years. She testified that through the layers of treatment she
was able to recover from surgery.
Deb Aaron testified in support of the Application. She has been a patient of Dr.
Henninger for approximately 15 to 20 years. She testified that she has herniated discs in her
neck and was able to avoid surgery through the receipt of chiropractic, massage therapy and yoga
6
therapy services. She testified that the coordination of services was critical to her improved
health.
Mr. and Mrs. Cohick called Albert Black as a witness as part of their presentation. Mr.
Black served as the Zoning Officer for the Borough of Mount Holly springs from approximately
1976 to 1988. He testified that he remembers Dr. Henninger's application for a building permit
to undertake renovations to the former workshop on her property in order to convert it into an
office for a place to operate the Mount Holly Chiropractic Clinic. Mr. Black testified that he
issued the building permit and a zoning permit contemporaneously. The zoning permit was
issued for the operation of the chiropractic clinic. He testified that Dr. Henninger's use of the
property was a use permitted by the Zoning Ordinance at the time that he issued the permits.
Donna Cohick of 201 West Pine Street testified in opposition to the Application. Mrs.
Cohick testified that she and her family have resided at 201 West Pine Street since September 1,
1988.
Mrs. Cohick testified that she has called Mr. Russell several times regarding complaints
as to traffic generated by the Mount Holly Chiropractic Clinic. She testified that the fence on her
property has been hit many times by Dr. Henninger's patients, and that her driveway has been
used by Dr. Henninger's patients to access the Mount Holly Chiropractic Clinic.
Mrs. Cohick entered several photographs as exhibits into the record of the Board's
hearing. Some of the photographs depict damage done to her fence from the time that the fence
was most recently hit by one of Dr. Henninger's patients. She also testified that her family does
not have any privacy in their backyard given that the Mount Holly Chiropractic Clinic's parking
lot is located adjacent to her backyard. She testified that she and her husband are quite
concerned that a car driven by one of Dr. Henninger's patients will drive into the side of their
7
o'
home. Mrs. Cohick testified that Dr. Henninger said she would pay for their fence to be
repaired. She testified that she has not proceeded to have repairs done to the fence given that she
wanted to wait until the outcome of this hearing.
Mrs. Cohick testified that she thought that Dr. Henninger would retire and that her
concerns and complaints would be resolved in this manner. When she learned that Dr.
Henninger does not plan to retire, she contacted the Borough to commence expressing her
complaints.
Fred House of 202 West Pine Street testified in opposition to the Application. Mr. House
testified that his home is located diagonally across West Pine Street from the Cohicks' home.
Mr. House testified that his concerns relate to traffic and the lack of parking. He believes that
patients back into West Pine Street which can create some traffic hazards. Mr. House observed
that West Pine Street is a dangerous and busy road.
Donna Deatrick of 202 West Pine Street testified in opposition to the application. Ms.
Deatrick testified that traffic is a problem on West Pine Street.
Linda Carver commented generally on the Application. She noted that, as Dr.
Henninger's business would expand, that new patients would probably be gained.
Frank S. Cohick testified in opposition to the Application. Mr. Cohick testified that he is
quite concerned relative to the potential for property damage to his home, given that their fence
has been hit multiple times. Mr. Cohick testified that the exterior of his home is aluminum
siding that is irreplaceable. He is concerned that if one side of the home is damaged that they
will not be able to afford to replace the siding on the entire exterior of the home. He also
testified that there is insufficient parking for the business operations of the Mount Holly
Chiropractic Clinic.
8
U. Conclusions of Law.
The Borough of Mount Holly Springs Zoning Ordinance specifies that whenever in any
zoning district a use is neither specifically permitted nor denied that the Zoning Hearing Board
shall have the authority to permit the use or deny the use after public notice and a public hearing.
The use may be permitted if it is similar to and compatible with permitted uses in the zoning
district and in no way is in conflict with the general purpose and intent of the Zoning Ordinance.
See Zoning Ordinance Article XI, Section 1113.
Zoning Ordinance Article 1I, Section 200.A. 1.F specifies that a home occupation shall be
permitted in the R -1 Residence Zoning District. The Zoning Ordinance notes that the "term
home occupation is deemed to include professional offices of ... Physicians." See Zoning
Ordinance, Article II, Section 200.A. 1.f. Further, no more than one employee other than the
residents of the dwelling shall be permitted. See id.
The Zoning Ordinance defines the term "home occupation" as "any use customarily
conducted entirely within a dwelling or in a building accessory thereto and carried on by the
inhabitants residing therein, providing that the use is clearly incidental and secondary to the use
of the dwelling for dwelling purposes, the exterior appearance of the structure or premises is
constructed and maintained as a residential dwelling and no goods are publicly displayed on the
premises other than signs." See Zoning Ordinance Article IV, Glossary of Zoning Terms.
Based upon the testimony provided, the Board finds that the building from which Dr.
Henninger operates the Mount Holly Chiropractic Clinic is a building that is accessory to her
dwelling home. Dr. Henninger is one of the individuals who carries on the home occupation.
9
Based upon the total number of hours that Ms. Allen and the clerical employees work, the Board
determines that the impact is as if no more than one employee is employed by the Mount Holly
Chiropractic Clinic. See Zoning Ordinance Article II, Section 200.A. 1.F. Further, the Board
finds that the sign on the Mount Holly Chiropractic Clinic building is permissible pursuant to the
Zoning Ordinance regulations. See id. Other than the sign on the building, there is nothing from
exterior effects which specifically identifies the structure as a chiropractic clinic.
The Board gives great weight to Mr. Albert Black's testimony that he issued both
building and zoning permits to Dr. Henninger in 1988 and his determination that the Mount
Holly Chiropractic Clinic was a permitted use under the Zoning Ordinance at the time of
issuance of the permits.
Dr. Henninger has been consistently operating the Mount Holly Chiropractic Clinic since
1988. The Borough has never issued to Dr. Henninger a notice of Zoning Ordinance violation.
III. Order and Decision of the Board
It is hereby ordered and decided as follows:
A. The Board finds that the Applicant has met her burden of establishing those
criteria necessary for the grant of a variance pursuant to Article XI, Section 1113,
subject to certain conditions.
B. The Board hereby decides by unanimous vote that the Applicant's request for a
variance pursuant to Article XI, Section 1113, to continue operating the Mount
Holly Chiropractic Clinic, and providing chiropractic, therapeutic massage and
yoga therapy services, is hereby GRANTED, subject to the following conditions:
10
� t
1. No other employees are permitted to work at the Mount Holly
Chiropractic Clinic, including any additional chiropractors.
2. The Applicant erect a sign on her property prohibiting her patients from
accessing the Mount Holly Chiropractic Clinic via the Cohicks' property.
In addition to the above, the Applicant shall comply with all federal, state, local
and Borough laws, ordinances and regulations.
SIGNATURES CONTINUED TO THE NEXT PAGE
11
f '
Accordingly, in addition to the above, the Applicant will comply with all applicable
federal, state, local and Borough laws, ordinances and regulations.
Borough of Mount Holly Springs Zoning Hearing Board
By:
And ?6w G. Ott, Chairman
By. -�
CYPWa S. Thompson, Vie Chairwoman
By: ' k
Nancy E. ke Secret
Any person aggrieved by this decision of the Zoning Hearing Board may
appeal to the Court of Common Pleas of Cumberland County. The appeal must
be taken within thirty (30) days of the date of this Decision.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Mount Holly Springs Borough
Vs. No. 2013 -4569 CIVIL TERM
Zoning Hearing Board of Mount Holly
Springs Borough
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA) :
. SS.
COUNTY OF CUMBERLAND)
TO: Zoning Hearing Board of Mount Holly
Springs Borough
We, being willing for certain reasons, to have certified a certain action between Mount
Holly Springs Borough and Zoning Hearing Board of Mount Holly Springs Borough
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 KEVIN A. HESS, PJ our said Court, at Carlisle, PA., the
5th day of August, 2013.
U.S. Postal Service,. David D. Buell, Prothonotary
CERTIFIED MAIL. RECEIPT
co
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•.
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OFFICIAL
Postage $
M
O Ceruned Fee
O Postmark
E3 Retum Reciept Fee Here
(Endorsement Required)
N Restricted Delivery Fee
(Endorsement Required)
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ForPO o A f. No. Box No.'oo - - a {M J /1
City sieie, g
PS Form 3800, JL:;ie 2002 See Reverse for Instructions
t�E.,)-OTC it ti.
2013 AUG 28 AM 8: .1.I
RE .SLINNz YVAN ..
MOUNT HOLLY SRINGS BOROUGH, IN THE COURT OF COMMON PLEAS
Appellant CUMBERLAND COUNTY, PENNSYLVANIA
and CIVIL ACTION - ZONING APPEAL
ZONING HEARING BOARD OF DOCKET NO. 2013-4569
MOUNT HOLLY SPRINGS BOROUGH,
Appellee
RETURN OF WRIT OF CERTIORARI
AND NOW, comes Appellee, Zoning Hearing Board of Mount Holly
Springs Borough, by the Chairman for the Zoning Hearing Board as
custodian of the records of the said Board, and returns herewith
the Writ of Certiorari issued on August 5, 2013, and submits
herewith the following documents as the record of the proceedings
before said Zoning Hearing Board:
(1) Zoning Hearing Board Application.
(2) Applicant Linda Henninger' s Exhibit Nos . 1 through 3
(Applicant' s Exhibit No. 1 - Excerpt from Zoning
Ordinance; Applicant' s Exhibit No. 2 - Commonwealth of
Pennsylvania, Department of State, Bureau of
Professional and Occupational Affairs License; and
Applicant' s Exhibit No. 3 - Deed to property) .
(3) Opponent Donna and Frank Cohick's Exhibit Nos. 1
through 8 (Opponent' s Exhibit No. 1 - Cumberland County
Tax Map; C.ohick's Exhibits 2 through 7 _ photographs;
and Cohick Exhibit No. 8 - January 3, 2013
correspondence from Dr. Linda Henninger) .
(4) Entry of Appearance of Victor A. Neubaum, Esquire, on
behalf of Frank and Donna Cohick.
(5) Copy of the Decision of the Borough of Mount Holly
Springs Zoning Hearing Board.
(6) Correspondence dated August 13, 2013, from William A.
Duncan, Esquire, attorney for Dr. Linda Henninger, and
from Michael A. Scherer, Solicitor, Borough of Mount
Holly Springs, advising that both Dr. Henninger and the
Borough of Mount Holly Springs do not object to the
Borough of Mount Holly Springs Zoning Hearing Board
filing the Return of Writ of Certiorari without the
original transcripts from the hearings pending
settlement negotiations between the parties .
IN WITNESS WHEREOF, I set my hand and the official seal of
the Borough of Borough of Mount Holly Springs Zoning Hearing
Board this r);160' day of August, 2013 .
An1drew G. Ott, Chairperson
Zoning Hearing Board
Borough of Mount Holly Springs
-2-
CERTIFICATE OF SERVICE
We hereby certify that we are this date serving a copy of
the Return of Writ of Certiorari (less actual documents recited
therein) as filed this date with the Prothonotary of Cumberland
County, by sending the same upon the persons and in the manner
indicated below:
Service by first-class mail addressed as follows:
Michael A. Scherer, Solicitor
Baric Scherer, LLC
19 West South Street
Carlisle, PA 17013
Borough of Mount Holly Springs
200 Harman Street
Mt. Holly Springs, PA 17065
Victor A. Neubaum, Jr. , Esquire
Malone & Neubaum
42 South Duke Street
York, PA 17401
William A. Duncan, Esquire
Duncan & Hartman
1 Irvine Row
Carlisle, PA 17013
Frederick K. House
202 West Pine Street
Mt. Holly Springs, PA 17065
Borough of Mount Holly Springs
Zoning Hearing Board
r
By:
J �feB. Hipp, Esquire
Pa. I.D. No. 86556
Solici r for the Borough of Mount
Holly Trings Zoning Hearing Board
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
August Z� , 2013
-3-
ATTACHMENT 1
04/08/2008 20:43 7174864135 PAGE 02/07
j!J
BOROUGH OF MOUNT HOLLY SPRINGS
200 Harman St., Mt. Holly Springs, PA 17065 BIT. ,...�.5-......
f You Have Any Questions About The Application Fee $ 450.00 ` S
Application Please Contact the Zoning Date Paid ,3A-2�3
Officer at 717-226-0342(Dennis Russell) Reviewed by Zoning Officer
Date &Initial
ZONING HEARING BOARD APPLICATION
NAME AND ADDRE55 OF APPLICANT:
P I �vws
TELEPHONE#
Check One ✓ "Variance Special Exception Appeal Zoning Action
WE/I THE ABOVE HEREBY REQUEST A HEARING WITH THE ZONING HEARING BOARD OF
MOUNT HOLLY SPRINGS FOR THE PURPOSE OF:
1 1GJC l� 4 r) 40 Ct�►r1Ti '11-��'. Q PQI\GN.:�6 �1
CLI
�jrLU�tJ� p ryq ass ��.-
THE ABOVE IS APPLICABLE TO THE FOLLOWING SECTIONS of THE MOUNT HOLLY SPRINGS
ZONING ORDINANCE:
ARTICLE: SECTION:
X
jLDATE: I
�S(GNATURE OF LI ANT OR RE ES TATIVE
0410812008 20:43 7174864135 PAGE 03107
ZONING HEARING BOARD
MOUNT HOLD SPRINGS, Pfi„
Applicant's Name h (,l. i "a
Property Location: l t.�'.1 , � ,r,P
Date:
I the uudersigaed attvst to whatever is an thins document is Correct and true,
LIST OF PROPEM OWNERS WITHIN A 300 FEET RADIUS OF TEE ABOVE MENTIONED PROPERTY.
Property Address: Property Owners Name: Owners Mailing Address (if differex
than property address) :
apt u1i --Rneak J)P,
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12 CD&
04/08/2008 20:43 7174864135
PAGE 04107
2
PROPERTY ADDUSS: PROPERTY OWNERS NAME OWNEM MAILING ADDRESS (IF DIFFIIaT'7
J FR0PM7, ADDRESS)
I V1
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04/08/2008 20:43 7174864185 PAGE 05/07
Mount Holly Springs Zoning Hearing Board
1, Applicant: Linda Henninger, D.C., 133 West Pine Street,Mt. Holly Springs, PA 17065
2. Property Owners: Richard and Linda Henninger, 133 V6'est Pine Street, Mt, Holly Springs,PA
17065,
Deed: see enclosed
3. Present Zoning: R-1
4. Reason: Requesting to continue operating Mt. dolly Chiropractic Clinic , ,Aka-SS ce e
CL —tk
5, Plot plan: see enclosed reap
6, Descxiptiou; no changes or unpiovenaents are proposed for the present building or parking area.
7. Adjoining property owners: Steve and Donna Cohick,201 West fine Street,Mt. Holly Springs,
PA 17065
8. Proposed methods of control of development: currently maintaining sarne boundaries for noise,
glare,air pollution,water pollution,fire hazards,traffic congestion and other safety hazards as
applicable.
9. Engineering plans: no current changes are planned.
10. Application for zoning: see enclosed
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04/08x'2008 20:43 7174864135 PAGE 07/07
r
)90'W rats IND6NTD
)�/TNliS56TbT,that the Bold Crabterm
f f yavent -one
for And fn em�at8emlien a fhr sure o Y I
�(1:71.DOD,oO)---^-_�-«---Oa/1110---�allara Iauft�!1Keney a/!kv Nailed Scales. '
to them fo haMd paid by Ehe laid Craneoes .?
111 and baf.the leaking sad delinrr herash the
raoetp!tal.sl�tof is hi!rsbypcknatafadgsd have Ifsa'ntadr baopained, , �.
saki,ariened,ra casod and ca'Ormmr and by these prawn", de.
3
i grant,bargain,riff,akfan,•f s and auOrta¢nev the acid
oennteeo, thoit heirs +md nasiann,
% ALL these certain mamsuagos and traetd of lead si oto in the Eeeough ar
Native Kelly Springs, Cumberland County, penoPylvania, 'bmrnded and deacrlbed an
1 follows..
TRACT K0. 1
i BEGRIMING at a Ozone in Pine Street. 841d Baroug7i lhenot along landa formerly
Of Jelin Prins, new Tract No, 2 belov, lautlt Lour and o -fourth deareaa (60 Oast
three hundred and eighty.-eight (38f3) Zaet to a pdott theaca -510119 lands-formerly of lira. ;
j Sohn Trim, new of 17onald E. Diehl And'wifo, mouth clgbty-five and three-rautClha (85-3/4)
daareas West One hundrod and rorty-nine sad eiA-eanthe (7,49.6) Suet to a Peet; thOaea
along 14ndp rormerly a w, r, rerfeT, later of JosaQh. t'e£feF aed wife, north rheas
{ and Ono-half (34) dagraaa Beet ttiroa bundred and eigh p-eight (389),feet to a stonC in
i 061414 81na Street; thanae along paid Rtraet narrh eigh y-Five and thrta fourths (85414)
dogre9a C49C one humdrad and fifty-Nix (156) feat to is place of beginnint'. containing
one Arta and 57 perches, more or 1-009,
k TRACT ND 2
AcaiMURC at a pains is the canter of Una,6cto , vhich point is a tornsr or,
i other lawiF of "ary X. Sasrich. Troct Ne. L above; thdncs along Tract No. l above„
? &ouch out (1) dearae tell M ninutas WOAC, three hrtm4re.d utnety '(390) Feet to a.post
i in line of l.Aad for"ely of Lillia•K. Trine, nom or obnsld E. Oioh1 sad vif0; theate
by paid Diehl land, south eighty-five (115) dograas tw6nry (10 mlmutce Sant eight (B)
i feet to a polrtl t1lenc61 along land rormarly, of LiUlpI H_ T'riae, now of'Gary L.
Shughart and w1fa, Horth viva (S) degrees 171fty-Cava 55) ninutoa east, zUFac hundrod
i ninety (390) fcce to a point in the taneCT of said Pie Strout; thoeco! nlnmg the tenter
of said Pipe Streer, North eighty-EIVO (05) dcpTees t apey (2D) minatos Past, forty '(LO)
feet, Cc the p1aCa of beginning and containing 0.21 at an Acrc.
The above daacribed premises OTC Smprvved,wiCh a 2-LIZ story dwelling bause amt
e 1-1/2 story two ear garage wick1 an aCCAChcd nnrknh kno-a and numbered as Vo, 133
Want pine Street.
•i
L TrAer He. 1 b9ing tho,Aame promisee which Sarah Todd Haamrdal Nmns by deed
dgted'Hay 29, 1942 and reeardtd in thR Office of the hecarder of Deeds in and for
CambeC7,and Couaty, Pennsylvania, III Dead Book "N". Vel. 12. page 493, grantod and
conveyed to P[uee.0. Urrick and Nary E. Barrack. h"wife, and Trace No. 2 bs5ng
the Rama prea<tnen which Lillie 11. Trine. widaw, and Omclyn l50ora Trine, Flngle Unman,
by dead dated January.21, 1944 and record9A in Oaid Flecerder'n OPCice in Deed Hook .vu,
Vol. 12. pap 45. grvnad and Conveyed to 9ruce 0. ea�rick and Nary E. Barrack;his woo,
j The said Bruce U. Patrick diad Flabraasy 111. 1978 wh9Y61by eAa title vested in Narp
V. Serrick, the surviving tanaat by Eha eneiroriea. And the said Rory E. Barrack died,
te61tera It r�i1 2;f �jjja jRa,,ing n last 4i11 and tan am of duly prohatud in the OfFira
of Clio >legWg cr and for Curbstland Count�``, rennsyivenlR, inWill Book 100,
S page 100, whorcin Harvia, c. Garrick nad.C. Darlene Cdnkel worn Appointed Bxa.vrora
6o whom bettera Tesromeatary ware duly lv""4'by Pill Register of G],lls an April 30, 1986.
}
Thin cenvsyanco is mndo pstsunar to 913WOD 335 of the rrobnta, 35tates and
Plddtiaries Act.af 1972.
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03/13/2013 3.3816 PM CUMBERLAND COUN ry Inst.11 198701197-Page 2*13
ATTACHMENT 2
ARTICLE I1
R-1 RESIDENCE DISTRICT
TION 200. USE.
Permitted Uses.
1. A building may be erected, altered or used; and a lot or
premises may be used for any of the following purposes and
for no other:
a. Single-family dwelling and two-family dwelling not
including mobile homes.
b. Municipal use, recreational use, telephone central office,
utility lines, electric substation, and railway or bus
passenger station. See Article XI , General Provisions,
Section 1100.
c. The production and sale of farm or nursery products produced
on the property where offered for sale, provided that no
building or structure other than a portable stand shall
be constructed for such sale and provided that any such
stand shall be removed during seasons when products are
not being offered for sale.
d. Private garages.
e. Accessory use on the same lot with and customarily incidental
to any of the above permitted uses.
f. Home occupation shall be permitted as defined in the
Glossary of Zoning Terms hereof, and further provided that
no more than one employee other than the residents of the
dwelling shall be permitted. The term home occupation is
deemed to include professional offices of Attorneys,
Architects, Landscape Architects, Engineers, Accountants,
Physicians, Dentists, Realtors, Insurance Agents, and
Municipal Officials. A sign identifying a home occupation
will be permitted, however, it shall not exceed an area
of two hundred eighty-eight (288) square inches and no
dimension shall exceed twenty-four (24) inches. The sign
shall bear the name and occupation, words only, of the
practitioner, and may not be lighted.
g. Signs, when erected and maintained in accordance with the
provisions of Article VIII hereof.
II-1 EXHIBIT
A — I
a
a
F_ h
3. To authorize variances from the terms of this Ordinance as will
not be contrary to the public interest and where owing to special
conditions a literal enforcement of the provisions of the
Ordinance will result in unnecessary hardship, and so that the
intent of the Ordinance shall be observed and substantial
justice done. The Board shall , in considering a variance
s application, be subject to the provisions of the Municipalities
Planning Code, Act 247, Section 912.
4. To hear and decide where it is alleged there is an error in
r any order, requirement, decision or determination made by the
administrative official in the enforcement of this Ordinance.
Such appeals shall be taken within thirty (30) days by filing
with the Zoning Officer and with the Board a notice of appeal ,
x specifying the grounds thereof.
5. To hold hearings, appeals and exercise other powers in conformity
with the municipalities Planning Code, Act 247, Article IX
and to formulate rules to facilitate the administration of the
t powers granted by statute or this Ordinance.
.'- 902. REQUIREMENTS OF PERMITS.
Building Permits shall be required before any construction or
development is undertaken within any area of the Borough. It
shall be unlawful for any person to commence work for the erection
or alteration of any building until a building permit has been
duly issued therefor.
All applications for Zoning and Building Permits shall be accompanied
by plans in duplicate, drawn to scale, showing North Arrow, the
l actual shape and dimensions of the lot to be built upon, the exact
size and location of any buildings existing on the lot, the lines
uJ thin which the proposed building or structure shall be erected
or altered, the existing and intended use of each building or part
r of a building, the number of families or dwelling units the building
s designed to accommodate, and such information as may be necessary
do determine compliance with this Ordinance and all other pertinent
3rdinances including the relationship of the site to adjacent streets
and other pertinent features. One copy of such plans shall be
-eturned to the owner when such plans shall be approved by the
k:. Zoning Officer. All applications with accompanying plans and doc-
u,-nents shall become a public record after a permit is issued or denied.
at shall be the responsibility of the applicant in all cases to furnish sufficient information to permit the Zoning Officer to
certify that the proposed use will comply with all regulations and
,-J 1.1 permit the carrying out of the provisions of this Ordinance.
If any proposed construction or development is located within, or
partially within, any identified flood-prone area, applicants for
ate' F' IX-2
,F
L - u E
Building ermits shall also
9 provide the following specific infor-
oration:
1. A plan which accurately delineates the identified flood-prone
area, the location of the proposed construction, the location
(> of any adjacent flood-prone development or structures, and the
location of any existing or proposed subdivision and land devel-
opment in order to assure that:
a. all such proposals are consistent with the need to min-
'; imize flood damage;
-` b. all utilities and facilities, such as sewer, gas , electrical
` and water systems are located, and constructed to minimize
or eliminate flood damage; and
c. adequate drainage is provided so as to reduce exposure to
I.-»- flood hazards.
y 2. Such plan shall also include existing nd
g proposed contours;
information concerning one hundred (100) year flood elevations,
velocities, and other applicable information such as pressures,
" impact and uplift forces, associated with the one hundred (100
year flood; size of structures; location and elevations of )
streets; water supply and sanitary sewage facilities; soil
types; and floodproofing measures. I
u. Proposed lowest floor and basement elevations in relation to
mean sea level , i.e. National Geodetic Vertical Datum of 1929.
r* Zoning and Building Permit shall be issued until the Zoning
Ifficer has certified that the proposed building, addition or
f alteration complies with all the provisions of this Ordinance. Prior
the issuance of any .building permit, the Building Permit Officer
rm wall review the application for permit to determine if all other
-=cessary governmental permits such as those required by State
Federal Laws have been obtained, including those required by
zt 537, the Pennsylvania Sewage Facilities Act, the Water Obstruction
I
ct of 1913, and the Federal Water Pollution Control Act Amendments
�r 1972, Section 404, 33, U.S.C. 1334. No permit shall be issued j
until this determination has been made.
4
933. CONDITIONAL USE
Uses specified as conditional shall be permitted only after
review by the Planning Commission and approval by the Borough
Council within ninety (90) days after the filing of an i
application. The conditional use shall be granted only after
k a determination that the conditional use is appropriate to the
proposed location, consistent with the community development
plan, and in keeping with the purposes of this Ordinance. The
.. criteria contained in Section 901, 1 , a-g shall be considered
and any application for conditional use shall include:
' IX-3 l
i
FLOOR AREA, HABITABLE: The aggregate of the horizontal areas of all rooms
used for habitation, such as living room, dining room, kitchen, bed-
room, but not including hallways, stairways, cellars, attics, service
rooms or utility rooms, closets , nor unheated .areas such as .enclosed
porches, nor rooms without at least one window or skylight opening
onto an outside yard or court. At least one-half of the floor area
of every habitable room shall have a ceiling height of not less than
seven 7 feet and the floor area of that art of an room where( ) p y o ere the
r ceiling height is less than five (5) feet shall not be considered
as part of the habitable floor area. The minimum total window area,
measured between stops shall be ten percent (10°x) of the habitable
j
K: floor area of such room.
FLOOR AREA RETAIL, NET: All that space relegated to use by the customer
and the retail employee to consumate retail sales; and to include
display area used to indicate the variety of goods available for the
f customer; but not to include office space, storage space and other
'P•
general administrative areas.
I GARAGE, PRIVATE: An enclosed or covered space for the storage of one or
more motor vehicles, provided that no business, occupation or service
is conducted for profit therein nor space therein for more than one
car is leased to a non-resident of the premises.
GARAGE, PUBLIC: Any garage not a private garage and which is used for
I
- w=' storage, repair, rental , servicing or supplying of gasoline or oil
to motor vehicles.
-. GARDENING: See Home Gardening.
t:
"` ' GOVERNING BODY: The Borough Council of Mt. Holly Springs Borough, Cumberland
County, Pennsylvania.
GRADE, ESTABLISHED: The elevation of the centerline of the streets as
officially established by the municipal authorities.
GRADE, FINISHED: The completed surfaces of lawns, walks, and roads brought
to grades as shown on official plans or designs relating thereto.
HOME GARDENING: The cultivation of herbs, fruits, flowers or vegetables on
a piece of ground adjoining the dwelling, excluding the keeping of
livestock and permitting the sale of produce raised thereon.
I
f HOME OCCUPATION: Any use customarily conducted entirely within a dwelling or
in a building accessory thereto and carried on by the inhabitants
residing therein, providing that the use is clearly incidental and
:k secondary to the use of the dwelling for dwelling purposes, the
h exterior appearance of the structure or premiies is constructed and
maintained as a residential dwelling and no goods are
-.q..: g g publicly displayed
Ion the premises other than signs as provided herein.
HOSPITAL: Unless otherwise specified, the term "hospital" shall be deemed
to include sanitarium, sanatorium, preventorium, clinic, rest home,
nursing home, convalescent home and any other place for the diagnosis,
treatment or other care of human ailments.
I
..�.�r....................... ..... ... .... .... ... ..
. - rift—A+.-QO.NIN'..14muJM>p+.W0I1.f�.ICl/I.bI.(O..W.ti Ot Id1.L9d)
MADE THE 27 day o1 in the Year
of our Lord one thousand nine hundred and eighty-seven (1987).
BETWEEN MERVIN C. BARRICK and C. DARLENE GUtv10EL, Executors of the Estate of
MARY E. BARRICK. late of Mt. Holly Springs, Cumberland County, Pennsylvania, '
C Grantors.
A'
N
t
D
RICHARD B. HENNINGER and LINDA J. HENNrNGER, his wife. of Mt. Holly Springs.
i Cumberland County, Pennsylvania.
r Grantees,
r:
q.
• g
COMMONWEALTFI Of UNNSYLVANIA-
'O UEYARIMEN(OP RREEWWX
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comb. t
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School Dist. Comb.Co.. !e )
+M,ti,lfw a,►.a.E.M.
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WK0 32 PAGE
1 i
)5/09/2013 9:27:19 AM CUMBERLAND COUNTY Inst.#198701197-Pa e 1 o
NOW THIS INDENTURE WITNESSETB,that the said Crantors'
for and in consideration of the sum of Seventy-one thousand----------------•--------
----(571,000.00)-----------------00/100----flouars lawful money of the United States,
to them in hand paid by the said Grantees
at and bofore the scaling and deliver hereof,the
receipt whereof is hereby.acknowtedged have granted,bargained,
sold,aliened,released and confirmed,and by these.presents, do
f
grant,bargain,sell,alien,'rekase and confirm unto the said
Grantees, their heirs and assigns,
i
� ALL those certain measuagea and tracts of land situate in the Borough of
.1 Mount Holly Springs, Cumberland County, Pennsylvania: bounded and described as "
followat
TRACT NO. 1
BEGINNING at a stone in,Pine Street, said Borough; thence along lands formerly
of John Trine, now Tract No. 2 below, south four and one-fourth degrees (4k) east
three hundred and eighty-eight (388) feet to a post; thence along lands-formerly of Mrs.
John Trine, now of Donald E. Diehl and-wife, south eighty-five and three-fourths (85-3/4) "
degrees west one hundred and forty-nine and six-tenths (149.6) feet to a post; thence
along lands formerly.of W. K. Pefter, later of Joseph.K. ?offer and wife, north three
and one-half (A) degrees west three hundred and eighty-eight (388) feet to a stone in
said Pia* Street; thence along said street north eighty-five and three fourths (85-314)
degrees east one hundred and fifty-six (156) feet to the place of beginning. Containing
f
one Acre and 57 perches, more or less.
{
TRACT NO. 2
BEGINNING at a point in the center.of Pine.Street, which point is a corner of,
other lands of Mary E. Barrick, Tract NO. 1 above; thence along Tract No. 1 above,
South one (1) degree ten (10) minutes West, three hundred ninety (390) feet to a post
in line,of land formerly of Lillie M. Trine, now of Donald E. Diehl and wife; thence
i by said Diehl land, South eighty-five (85) degrees twenty (20) minutes East eight (8)
feet to a point; thence along land formerly of Lillie M. Trine, now of'Cary L.
Shughart and wife. North five (5) degrees fifty-five (55) minutes East, three.hundred
ninety (390) feet to a, point in the center of said Pine Street; thence along the center
of said Pine Street, North eighty-five (85) degrees twenty (20) minutes West, forty (4 0)
feet. to the place of beginning and containing 0.21 of an Acre.
The above described premises are improved.vith a 2-1/2 story dwelling house and
a 1-1/2 story two car garage with an attached workshop known and numbered as No. 133
West Pine Street.
Tract No. 1 being the same promises which Sarah A. Todd Memorial Nome by deed
dated May 29, 1942 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Deed Book "N", Vol. 12, page 493, granted and
conveyed to Bruce 0. Barrick and Mary E. Barrick, his wife, and Tract No. 2 being
the same premises which Lillie M. Trine, widow, and Emelyn Moore Trine, single woman, .+
by deed dated January.21, 1944-and recorded in said Recorder's Office in Deed Book 'V", }
Vol. 12, Page 45, groped and conveyed to Bruce 0. Barrick and Mary E. Barrick, his wife.
The said Bruce 0. Derrick died February 14, 1978 whereby the title vested in Mary
} E. Barrick. the surviving tenant by' the entireties. And the said Mary E. Barrick died.
{ testate A rl 2f +g¢s }saving a last will and tcatamont duly probated in the Office
of the �teg�s er and for Cumberland County, Pennsylvania, inWill Hook 100,
{ page 100, wherein Mervin C. Barrick and C. Darlene Cunkel were appointed Executors
to whom Letters Testamentary were duly issued by snid Register of.Wills on April 30, 1986.
f This conveyance is made pursuant to Section 3351 Of-the Probate, Estates and
Fiduciaries Act.of 1972.
�( looFO32 Fw 336 y
)5/0912013 9:27:19 AM CUMBERLAND COUNTY Inst.#198701197.Paoe 2
a
w
•A
Y•t1GETHER with all and singular
uxtya,waters,water courses,rights, liberties,privileges,hereditaments and appurtenances what-
soever thereunto belonging,or in anywiee appertaining,and the reversions and remainders,rents,
issues and profits thereof;and also,all the estate,right,title,interest,use,trust,property,posses- j
lion,claim and demand whatsoever,
in law,equity or otherwise howsoever,of,in,to or out of the same:
TO HAVE AND TO HOLD,the said herein described
hereditamenta and premises hereby granted and released,or mentioned and intended so to be,with
the appurtenances,unto the said. Grantees. their heirs
and aasigne,to and for the oily proper use and behoof of the said Grantees. their heirs
or assigns,forever.
And the said Grantors
covenant ,promise and agree ,to and with the said Grantees, their heirs
and assigns,by these presents,that they
the said Grantors i
haYe not done,committed,or knowingly or willingly suffered to be done or committed,any act,
matter or thing whatsoever whereby the premises hereby granted,or any part thereof,is,arc,shall
or may be impeached,charged or inaumbered,in title,charge,estate,or otherwise howsoever.
WITNESS the due execution hereof the day,month and year first above written.
• - ��Of the Estate Of^»•.»«...._._...._... I
ATTEST:.
i President^ 1
Secretary 1
WITNESS: v`�nT� (a
i I�.f.� _...y :1.�"�•..t„'�.._:.:.... ..».. .S.-+ /%4 2G J r t11�AL
ihea
Executors o he a of
MARY E. BARRICK
State of PENNSYLVANIA
�11 38. `
County o+EUMBERLAND Q 1 E
On this,the 27 day of rJ�,u�l. ,io 87 ,bsfore me
a Notary Public,
the undersigned offteer,persmaliy appeared MERVIN C. BARRICK and C. DARLENE GUNKEL,
Executors of the Estate of Mary E. Barrick, late of
oftheStaleof Pennsylvania and County of Cumberland known to
me(or satisfactorily proven)to be the person described in the foregoing instrument,and acknowl
edged that they executed the same in the capacity therein stated and for the purposes therein
Contained. .,,,.•••! •;lyv'�+•
In witness whereof,I hereunto set
• m�handdgd odcial seal '
T9YEr • qec]e�L�;ry'W•.
PubIIC + �
4 N0r3h1i iUA VU Si. .
car'aota,CumburlanJ Cty.,PA 1701$ ,g} Qteerd;;•�;��,i� 1
My Term Expires March 18.1091 +.•:�C j'l13� t
CERTIFICATE OF RESIDENCE I
do hereby certi1ji that the,�eeise resident a compI t osl ffi g address
of the within nam�i�grantee is f 3 W• U 1'C t
9Ga(032 rASE 337 Attarnelr/or._._ u `set°--_
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of Pennsttvamabepartment-ot State t
Bureau of Professional a nit.Occupatlonal AfNlrt ;
Chiropractor
p' t
License Number w, Explratton Date
Q0003249L < "� 09/01f2014
Al
Registration Code +, r � Mp t Ltcense Status Y OFFICIAL ' .
22017345 , � t3+ Active
LINDA HENNINGER ne
1
DOCUMENT
33 WEST PINE STR ET " .
MT HOLLY SPRG PAH6�~
READ THE FOLLOWING INFORMATION CAREFULLY CONCERNING YOUR LICENSE:
1.SIGN THE WALLET CARD AND CERTIFICATE WHERE INDICATED.
yy 2.DETACH THE WALLET CARD AND CERTIFICATE AT PERFORATION,
Registration Code
Your registration code is found on the attached wallet
card.
LINDA HENNINGER Use this registration code online to: renew your license„
133 WEST PINE STREET ,change your personal or license address, or order
MT HOLLY SPRIG PA 17065 duplicate licenses.
Visit our website at:www.mylicense.state.oa.us
First time users will be required to use this registration
code to create a user ID and password.
.40 i�{£x�R1 s a
cor Iffionweait l'df ' nnsylvan>I a 014 ,958,8
EDa'rl ,
Depar„{>tm�enl� �if��ta>t��
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Bureau of P�rbfaax:anr ► ation; 1` ,� `a�t-s
PC} Box rrisburg'VAX 1 5 2'64W�J-'; r "
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License Type � { �s �yy �°a Mt
License Status
Chiropractor '� t � �;t, `n� � #� Active
1 ""
b 1 t �r0 r 4 pn k 4 E ,t �
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: 'License Date
i Initial
{
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rk 05/21/1986
LINDA HENNINGER'
Lacense umber
133 WEST PINE STREET.
I {' r MT HOLLY SPRIG PA 17065 24 9L W'
Expiration Date
,. I'M � X 09/01120.14 �
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fir, Commissioner of Protessional and Occupational Atfalrs
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1/3/2013
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Dr.Linda Henninger,D.C.
Mt, Holly Chiropractic Clinic
Greetings and blessings to you in the upcoming year of 2013!
The new year to me brings such excitement and opportunity to resolve to live more
thoughtfully, dedicating myself to excellence in my service to God,family, friends, and you,my
dear patients. I have been so blessed to be able to serve as a chiropractor for the last 25 years in
Mount Holly.What a joy to have my dear friend Susan as a partner in service and of course,
dear Erin and Margo,helping as well. My hope and prayer is that we will be able to continue
care,taking time to know and serve your individual needs.
However,I have come to the realization that physically I must change the way I practice or end
in early retirement. Not to belabor the point,but my shoulders,elbows and hands are
accumulating mileage and with it,increasing aches and pains!
I have been very drawn to the development of my skills in the area of therapeutic stretch. I
have become increasingly aware of the need for patient participation in their own progress. So I
am going into the new year determined to pair your passive care-the adjustment and your
active care-with therapeutic classes.
I encourage each of you to take a look at my schedule to be a part of my established classes or
talk to me about a"one-on-one" session. Because I will be available for classes, treatment
schedule will be reduced somewhat(giving my hands a break). Sue is available for orthopedic
massage,as well. We will at some point consider adding staff and hours as needed.
On a totally different subject,times are changing in the insurance world. Being a small practice,
(I like to think I'm a country Doctor)I am not able or willing to go through all the requirements
and intricacies of insurance forms. Insurance,nationally and locally,is becoming even more
demanding and labor intensive in its requirements. In order to keep my fee reasonable,I will be
minimalizing my involvement with most insurance plans. I will make available to you itemized
bills,if you choose to submit.
My goal is to offer to you the highest quality of active exercise and hands on,passive
adjustment care, as well as counsel and encouragement in the nutritional realm by offering only
2 �HIBII
Mt. Holly Chiropractic C1_iiiic
the best nutrient supplements. Susan will continue to offer her monthly seminars. Feel free to
speak to me personally about any of the subjects discussed in this letter as it pertains to your
care.
Happy New Year!
Dr. Linda Henninger, D.C.
Mt. Holly Chiropractic Clinic
Dr. Lii)da HE:nrnin ei-, D.C. a 2
ATTACHMENT 4
BEFORE THE ZONING HEARING BOARD OF MOUNT HOLLY SPRINGS,
CUMBERLAND COUNTY, PENNSYLVANIA
In re: Application of No.
Linda Henninger
133 West Pine Street,
Mt. Holly Springs,PA 17065
ENTRY OF APPEARANCE
Please enter the appearance of Frank Cohick and Donna L. Cohick, 201 West Pine Street,
Mt. Holly Springs, PA 17065 with regard to the above captioned zoning application.
MALONE &NEUBAUM
Victor A. Neubaum, Esq.
Attorney for Frank and Donna Cohick
Supreme Court ID# 29159
42 South Duke Street, York, PA 17401
Phone: 717-843-8001
Attorney for Frank and Donna Cohick
ATTACHMENT 5
RE: LINDA HENNINGER, ZONING HEARING BOARD OF
Applicant THE BOROUGH OF MOUNT HOLLY
SPRINGS
Request for Variance Date of Decision: July 5,2013
DECISION OF ZONING HEARING BOARD
I. Procedural Background and Findings of Fact
Applicant, Linda Henninger, is the owner of real property located at 133 West Pine
Street in the Borough of Mount Holly Springs. The property is located in the Borough's R-1
Residence zoning district.
On March 14, 2013, the Applicant submitted to the Borough of Mount Holly Springs
Zoning Hearing Board ("Board") a request for a variance to obtain relief from Article XI,
Section 1113 of the Borough of Mount Holly Springs's Zoning Ordinance ("Zoning
Ordinance"), which sets forth that whenever in any district a use is not specifically permitted or
denied, that the Board shall have the authority to permit the use or deny the use after public
notice and a public hearing. The Applicant proposes to continue operating the Mount Holly
Chiropractic Clinic, which offers chiropractic, yoga therapy and therapeutic massage services.
After proper advertisement and notice, public hearings were held on May 13, 2013 and
June 11, 2013, in the Mount Holly Springs Borough Municipal Building, 200 Harman Street,
Mount Holly Springs, Pennsylvania, at which hearing Board members Andrew G. Otto, Cynthia
S. Thompson and Nancy E. Zentmeyer were present. Jennifer B. Hipp, Solicitor, was present on
behalf of the Board. The Applicant was represented by William Duncan, Esquire. Frank and
Donna Cohick entered their appearance as party opponents. Mr. and Mrs. Cohick were
represented by Victor A. Neubaum, Esquire. Fred House entered his appearance as a party
opponent and was present at the hearing. The hearing was stenographically recorded.
Dennis Russell, Zoning Officer, Borough of Mount Holly Springs, was called to testify as
a witness. Mr. Russell testified that a home occupation is a permitted use in the R-1 Residence
zoning district. When questioned by Mr. Duncan, Mr. Russell testified that the Applicant's use
of the property is permissible as a home occupation. While Mr. Russell met with Dr. Henninger
regarding her operation of the Mount Holly Chiropractic Clinic, he testified that he did not issue
a zoning enforcement notice to her. In addition, Mr. Russell testified that he determined that the
Applicant's property is located within the Borough of Mount Holly Springs.
The Applicant testified in support of her Application. Dr. Henninger testified that she is
a licensed chiropractor and that she and her husband purchased the property in 1987. She
testified that she commenced her chiropractic business in the Borough of Mount Holly Springs in
1988.
Dr. Henninger testified that she and her husband selected this property, in part, because
the property contained an outbuilding that would be a suitable location for operation of her
chiropractic business. At some time in 1987, the Applicant contacted Albert Black, who was the
Zoning Officer for the Borough at that time. The Applicant testified that she questioned Mr.
Black as to whether the outbuilding is located within the Borough of Mount Holly Springs, given
that her property is located close to the border of the Borough with South Middleton Township.
She also testified that she applied for and received a building permit to make alterations to the
building to convert it from a workshop to an office for her chiropractic business.
The Applicant testified that she has continuously operated her business from the property
since 1988. She testified that she filed an Application to the Zoning Hearing Board for a
2
variance in response to Mr. Russell contacting her relative to her operation her business in the
building.
Dr. Henninger testified that Mr. and Mrs. Cohick moved into the adjacent property
sometime in 1988. She testified that she believes that the contact initiated by Mr. Russell was
generated by Mr. and Mrs. Cohick complaining about her business operation. Further, the
Applicant testified that she believes that the Cohicks' complaints were generated by one of her
patients backing into the Cohicks' fence.
Dr. Henninger testified regarding the range and types of services offered at her business.
She offers chiropractic services, which include the assessment of function, posture and
mechanical abilities; conducting a medical history for the patient; an assessment regarding
treatment needed; and prescribing various courses of chiropractic treatment, which include spine
manipulation, massage or muscle care, and active care such as exercise and stretching.
Dr. Henninger testified that in approximately 1990 or 1991, she hired a staff person to
provide therapeutic massage services. She testified that the therapeutic massage services are
prescribed by her for her patients as part of their chiropractic care. Dr. Henninger testified that
she employs one licensed massage therapist who is Ms. Susan Allen. She noted that Ms. Allen
works approximately 20 hours per week.
The Applicant testified regarding the active care and exercise, or yoga therapy, that she
prescribes for her patients. The yoga therapy includes teaching her patients how to move and
exercise correctly. This portion of the care includes both one-on-one yoga classes and group
yoga therapy classes. Dr. Henninger conducts the yoga therapy classes.
3
Dr. Henninger testified that, in her professional opinion, her patients' recoveries would
be compromised unless all three types of care are received given that the chiropractic,
therapeutic massage and yoga therapies all complement one another.
Dr. Henninger also testified that she has two employees who work a total of eight hours
per week. These employees perform clerical services, such as making phone calls and
performing filing work for the Mount Holly Chiropractic Clinic.
Dr. Henninger testified that, when she and her husband renovated the outbuilding in
1987, that they installed drywall; constructed a bathroom and four rooms; and installed carpeting
and windows. Over the years, Dr. Henninger has had various items of maintenance, upkeep and
improvement to the building completed, which include, for example, installation of new flooring
and insulation and replacing leaking windows.
Dr. Henninger testified that Ms. Allen is not the first licensed massage therapist that she
has hired at the Mount Holly Chiropractic Clinic. She testified that there have been a total of
five licensed massage therapists who have worked at the Mount Holly Chiropractic Clinic over
the period of time that she has operated her business.
Dr. Henninger testified that she provides off-street parking on a paved surface adjacent to
the building where her business is located. While there is a paved surface for off-street parking,
there are times when patients park in the grass. At most, there are eight cars located at the
business at any one time.
Dr. Henninger was clear in her testimony in that the patients' care in receiving massage
therapy services is supervised by Dr. Henninger, Dr. Henninger testified that she consults with
Ms. Allen regarding the patients' care. Sometimes, patients receive massage therapy
immediately after receiving chiropractic care, and that the sequencing of the different types of
4
care is critical in improving the patients' conditions. She also testified that the yoga therapy is
equally critical to achieving successful chiropractic care results.
Michael Heefner testified in support of the Application. Mr. Heefner helped Dr.
Henninger renovate the outbuilding into an office by completing alterations to the existing
structure, all as testified to by Dr. Henninger. He noted that he performed the work at the
property in 1988. He testified that a building permit was obtained because he recollects seeing
the permit posted in the window in the door of the building. Further, he testified that the permit
was issued by the Borough of Mount Holly Springs.
Susan Allen testified in support of the Application. Ms. Allen is a licensed massage
therapist who works with Dr. Henninger. Ms. Allen testified that she provides therapeutic
massage services to Dr. Henninger's patients only pursuant to Dr. Henninger's supervision and
guidance. Ms. Allen testified that it is common for a chiropractor to work with licensed massage
therapists as part of the care that is prescribed for the chiropractor's patients. Ms. Allen testified
that the yoga exercises provide strengthening and stretching of the muscles, which is an
important part of chiropractic care. She testified that the offering of chiropractic services in
conjunction with therapeutic massage and yoga classes represents a comprehensive approach to
care. Ms. Allen testified that she works a total of approximately 20 hours per week at Dr.
Henninger's chiropractic clinic. She has been working with Dr. Henninger for approximately
three years.
Wendy Toms testified in support of the Application. Ms. Toms testified that she became
a patient of Dr. Henninger approximately three years ago. Ms. Toms testified that Dr. Henninger
prescribed therapeutic massage and yoga therapy as part of the chiropractic treatment that she
receives. She testified that there was a huge result in terms of her feeling better and her health
5
problems being ameliorated. Ms. Toms testified that, as a direct result of the care she received
from Dr. Henninger, she became stronger and more flexible. She lost 65 pounds as a part of
doing all three treatments prescribed by Dr. Henninger over the past three years.
Maureen Mumma testified in support of the Application. Ms. Mumma has been a patient
of Dr. Henninger for approximately 15 years. She has received each of the three treatments
prescribed by Dr. Henninger and testified that the three treatments complement each other.
Cecelia Clippinger testified in support of the Application. She has been a patient of Dr.
Henninger for approximately ten years. Ms. Clippinger testified that she has received
chiropractic and therapeutic massage services at Mount Holly Chiropractic Clinic. She has also
done yoga exercises with Dr. Henninger.
Mary Behar testified in support of the Application. She has been a patient of Dr.
Henninger for approximately ten years and has received and benefitted from all three therapies.
Cynthia Sniscak testified in support of the Application. Mrs. Sniscak has been a patient
of Dr. Henninger for approximately 20 years. She testified that she has received massage
therapy and yoga services. Mrs. Sniscak testified that the yoga therapy is a boost to treatment
and that she completes it prior to receiving chiropractic care.
Mary Lee Shenk testified in support of the Application. Ms. Shenk has been a patient of
Dr. Henninger for approximately 20 years. She testified that through the layers of treatment she
was able to recover from surgery.
Deb Aaron testified in support of the Application. She has been a patient of Dr.
Henninger for approximately 15 to 20 years. She testified that she has herniated discs in her
neck and was able to avoid surgery through the receipt of chiropractic, massage therapy and yoga
6
therapy services. She testified that the coordination of services was critical to her improved
health.
Mr. and Mrs. Cohick called Albert Black as a witness as part of their presentation. Mr.
Black served as the Zoning Officer for the Borough of Mount Holly Springs from approximately
1976 to 1988. He testified that he remembers Dr. Henninger's application for a building permit
to undertake renovations to the former workshop on her property in order to convert it into an
office for a place to operate the Mount Holly Chiropractic Clinic. Mr. Black testified that he
issued the building permit and a zoning permit contemporaneously. The zoning permit was
issued for the operation of the chiropractic clinic. He testified that Dr. Henninger's use of the
property was a use permitted by the Zoning Ordinance at the time that he issued the permits.
Donna Cohick of 201 West Pine Street testified in opposition to the Application. Mrs.
Cohick testified that she and her family have resided at 201 West Pine Street since September 1,
1988.
Mrs. Cohick testified that she has called Mr. Russell several times regarding complaints
as to traffic generated by the Mount Holly Chiropractic Clinic. She testified that the fence on her
property has been hit many times by Dr. Henninger's patients, and that her driveway has been
used by Dr. Henninger's patients to access the Mount Holly Chiropractic Clinic.
Mrs. Cohick entered several photographs as exhibits into the record of the Board's
hearing. Some of the photographs depict damage done to her fence from the time that the fence
was most recently hit by one of Dr. Henninger's patients. She also testified that her family does
not have any privacy in their backyard given that the Mount Holly Chiropractic Clinic's parking
lot is located adjacent to her backyard. She testified that she and her husband are quite
concerned that a car driven by one of Dr. Henninger's patients will drive into the side of their
7
home. Mrs. Cohick testified that Dr. Henninger said she would pay for their fence to be
repaired. She testified that she has not proceeded to have repairs done to the fence given that she
wanted to wait until the outcome of this hearing.
Mrs. Cohick testified that she thought that Dr. Henninger would retire and that her
concerns and complaints would be resolved in this manner. When she learned that Dr.
Henninger does not plan to retire, she contacted the Borough to commence expressing her
complaints.
Fred House of 202 West Pine Street testified in opposition to the Application. Mr. House
testified that his home is located diagonally across West Pine Street from the Cohicks' home.
Mr. House testified that his concerns relate to traffic and the lack of parking. He believes that
patients back into West Pine Street which can create some traffic hazards. Mr. House observed
that West Pine Street is a dangerous and busy road.
Donna Deatrick of 202 West Pine Street testified in opposition to the application. Ms.
Deatrick testified that traffic is a problem on West Pine Street.
Linda Carver commented generally on the Application. She noted that, as Dr.
Henninger's business would expand, that new patients would probably be gained.
Frank S. Cohick testified in opposition to the Application. Mr. Cohick testified that he is
quite concerned relative to the potential for property damage to his home, given that their fence
has been hit multiple times. Mr. Cohick testified that the exterior of his home is aluminum
siding that is irreplaceable. He is concerned that if one side of the home is damaged that they
will not be able to afford to replace the siding on the entire exterior of the home. He also
testified that there is insufficient parking for the business operations of the Mount Holly
Chiropractic Clinic.
8
II. Conclusions of Law.
The Borough of Mount Holly Springs Zoning Ordinance specifies that whenever in any
zoning district a use is neither specifically permitted nor denied that the Zoning Hearing Board
shall have the authority to permit the use or deny the use after public notice and a public hearing.
The use may be permitted if it is similar to and compatible with permitted uses in the zoning
district and in no way is in conflict with the general purpose and intent of the Zoning Ordinance.
See Zoning Ordinance Article XI, Section 1113.
Zoning Ordinance Article II, Section 200.A.1.F specifies that a home occupation shall be
permitted in the R-1 Residence Zoning District. The Zoning Ordinance notes that the"term
home occupation is deemed to include professional offices of... Physicians." See Zoning
Ordinance, Article II, Section 200.A.1.f. Further, no more than one employee other than the
residents of the dwelling shall be permitted. See id.
The Zoning Ordinance defines the term "home occupation" as "any use customarily
conducted entirely within a dwelling or in a building accessory thereto and carried on by the
inhabitants residing therein, providing that the use is clearly incidental and secondary to the use
of the dwelling for dwelling purposes, the exterior appearance of the structure or premises is
constructed and maintained as a residential dwelling and no goods are publicly displayed on the
premises other than signs." See Zoning Ordinance Article IV, Glossary of Zoning Terms.
Based upon the testimony provided, the Board finds that the building from which Dr.
Henninger operates the Mount Holly Chiropractic Clinic is a building that is accessory to her
dwelling home. Dr. Henninger is one of the individuals who carries on the home occupation.
9
Based upon the total number of hours that Ms. Allen and the clerical employees work, the Board
determines that the impact is as if no more than one employee is employed by the Mount Holly
Chiropractic Clinic. See Zoning Ordinance Article II, Section 200.A.1.F. Further, the Board
finds that the sign on the Mount Holly Chiropractic Clinic building is permissible pursuant to the
Zoning Ordinance regulations. See id. Other than the sign on the building, there is nothing from
exterior effects which specifically identifies the structure as a chiropractic clinic.
The Board gives great weight to Mr. Albert Black's testimony that he issued both
building and zoning permits to Dr. Henninger in 1988 and his determination that the Mount
Holly Chiropractic Clinic was a permitted use under the Zoning Ordinance at the time of
issuance of the permits.
Dr. Henninger has been consistently operating the Mount Holly Chiropractic Clinic since
1988. The Borough has never issued to Dr. Henninger a notice of Zoning Ordinance violation.
III. Order and Decision of the Board
It is hereby ordered and decided as follows:
A. The Board finds that the Applicant has met her burden of establishing those
criteria necessary for the grant of a variance pursuant to Article XI, Section 1113,
subject to certain conditions.
B. The Board hereby decides by unanimous vote that the Applicant's request for a
variance pursuant to Article XI, Section 1113, to continue operating the Mount
Holly Chiropractic Clinic, and providing chiropractic, therapeutic massage and
yoga therapy services, is hereby GRANTED, subject to the following conditions:
10
1. No other employees are permitted to work at the Mount Holly
Chiropractic Clinic, including any additional chiropractors.
2. The Applicant erect a sign on her property prohibiting her patients from
accessing the Mount Holly Chiropractic Clinic via the Cohicks' property.
In addition to the above, the Applicant shall comply with all federal, state, local
and Borough laws, ordinances and regulations.
SIGNATURES CONTINUED TO THE NEXT PAGE
11
Accordingly, in addition to the above, the Applicant will comply with all applicable
federal, state, local and Borough laws, ordinances and regulations.
Borough of Mount Holly Springs Zoning Hearing Board
By: A'-Ox.
Andrew G. Ott, Chairman
By: �(v
Cy is S. Thompson, Vice hairwoman
By.
&anCyEUZentm6br, Secreta
Any person aggrieved by this decision of the Zoning Hearing Board may
appeal to the Court of Common Pleas of Cumberland County. The appeal must
be taken within thirty (30) days of the date of this Decision.
ATTACHMENT 6
Jennifer B. Hipp
From: William Duncan <billduncan @pa.net>
Sent: Tuesday, August 13, 2013 2:26 PM
To: Jennifer B. Hipp
Cc: Mike Scherer
Subject: Re: Mt. Holly Borough - Henninger Appeal
This email is intended to excuse the Mount Holly Springs Zoning Hearing Board from ordering a transcript of
proceedings involving Dr. Henninger's Application. When circumstances require such a document, we
will give proper notice to all involved. Thanks
Bill Duncan's new email address is
bill duncanhartmanlaw.com
Phone # 717-249-7780 office
Cell # 717-386-1866
Mailing Address:
Wm. A. Duncan, Esq.
1 Irvine Row
Carlisle, Pa. 17013
On Aug 13, 2013, at 2:12 PM, Jennifer B. Hipp <Jhipp2bogarlaw.com> wrote:
Mike:
Thank you.
Bill:
Are you able to provide me with a similar email? Otherwise, we will have to order the transcript.
Thank you,
Jennifer B. Hipp, Esq.
James D. Bogar Law Offices
One West Main Street
Shiremanstown, PA 17011
Phone: (717) 737-8761
Fax: (717) 737-2086
www.bogarandhipplaw.com
ihipp(a�bogarlaw.com
1
Jennifer B. Hipp
From: Mike Scherer <mscherer @baricscherer.com>
Sent: Tuesday, August 13, 2013 10:55 AM
To: Jennifer B. Hipp
Cc: 'William Duncan'
Subject: Mt. Holly Borough - Henninger Appeal
Hi Jenn: this confirms that I am in agreement that you not order a transcript of the proceedings in this case at this
time. I will let you know if my position on this matter changes at some point in the future. mike
Michael A. Scherer, Esquire
Baric Scherer LLC
19 West South Street
Carlisle, PA 17013-3432
Phone: (717) 249-6873 Fax: (717) 249-5755
Confidential Electronic Mail Notice:
The information contained in this message is intended only for the persons to whom it is addressed and may contain
confidential or privileged material. Copying, distributing, dissemination, reliance on, or other use of the information by
persons other than the intended recipient(s) is prohibited. If you received this message in error, please notify the sender
and delete the entire message from any computer.
1
MT. HOLLY SPRINGS BOROUGH • IN THE COURT OF COMMON PLEAS
Appellant • CUMBERLAND COUNTY, PENNSYLVANIA
•
•
2013-4569
VS. • CIVIL ACTION -LAW
ZONING HEARING BOARD OF •
MOUNT HOLLY SPRINGS BOROUGH :
Appellee
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Linda Henninger, beneficiary of the Mount Holly Springs
Zoning Hearing Board decision.
\i/
filk I
DATE: " 3 SIGNATURE:
PRINT NAME: William A. Duncan, Esq.
ADDRESS: DUNCAN & HARTMAN, P.C.
1 Irvine Row
Carlisle, PA 17013
TELEPHONE: 717-249-7780
SUPREME COURT I.D. No: 22080 -0 ti }�
rn
.1C Ica
w (.).
per"
MOUNT HOLLY SPRINGS BOROUGH, : IN THE COURT OF COMMON PLEAS OF
Appellant : CUMBERLAND COUNTY, PENNSYLVANIA
V. : 2013- 4569
ZONING HEARING BOARD OF : CIVIL ACTION — LAW rn `z '�` '
MOUNT HOLLY SPRINGS BOROUGH, : ZONING APPEAL r
INO
Appellee : c
SETTLEMENT AGREEMENT - ZONING APPEAL
THIS AGREEMENT, made this 11th day of November, 2013, is by and between
the Mount Holly Springs Borough, a Pennsylvania political subdivision, and Linda
Henniger, owner of 133 W. Pine Street, Mount Holly Springs Borough, which is the
property at issue in the above-captioned Zoning Appeal case.
WHEREAS, Henninger is the owner of 133 W. Pine Street, Mount Holly Springs,
Pennsylvania (hereinafter "property"); and,
WHEREAS, Henninger filed an application for a variance before the Mount Holly
Springs Zoning Hearing Board requesting relief at the property; and,
WHEREAS, Henninger's application for variance was granted; and,
WHEREAS, Mount Holly Springs Borough (hereinafter "Borough") appealed the
grant of the variance to the Court of Common Pleas of Cumberland County,
Pennsylvania, to the above term and number; and,
WHEREAS, Henninger has been represented in this matter by William
A.Duncan, Esquire and Mount Holly Springs Borough by Michael A. Scherer, Esquire;
and,
WHEREAS, the parties agreed to stay the appeal pending settlement
discussions; and,
WHEREAS, the parties have reached an agreement which will resolve the
necessity of pursuing the appeal.
NOW, THEREFORE, in consideration of mutual promises and intending to be
legally bound hereby, the parties covenant and agree as follows:
1. Henninger shall do the following things:
a. Restrict parking in the existing paved area directly to the north of the
chiropractic center to personal vehicles; business patron parking shall
be prohibited in this area.
b. Install a split rail fence together with ornamental plantings parallel to
the existing driveway to the chiropractic center which prevents patron
parking to the north of the chiropractic center to West Pine Street.
c. Relocate the patron entrance to the chiropractic center to the south
side of the building and require patrons to use that entrance to the
chiropractic facility.
d. Require all patron parking to the south side of the chiropractic center.
In connection therewith, the existing paved area to the south of the
chiropractic center will be expanded to accommodate all patron
parking. The expanded parking lot would have appropriate signage
and instructions and parking lines. The plan for the expanded parking
lot as described herein will be submitted by Henninger to the Planning
and Zoning Committee of the Borough, to address, among other
things, storm water control.
e. No more than four patron vehicles plus two employee vehicles are
allowed on the property at any time.
s,1p1s
f. One of the two 9‘ on the property must be removed and the
remaining sign would be brought into compliance with the Zoning
Ordinance.
g. Any future changes, alterations, additions, expansion or modification of
the home occupation use of the property must be approved by the
Borough or Zoning Hearing Board as appropriate.
h. The transfer or conveyance of the home occupation must be in
compliance with existing Borough requirements and the Zoning
Ordinance.
2. This Agreement shall be recorded to the above docket upon ratification
and signature of the parties and shall be submitted to the Court to be
adopted as an Order of Court.
3. Upon Henninger's compliance with the items listed in paragraph 1. above,
the Borough shall cause the Prothonotary to mark this matter as having
been settled and discontinued with prejudice.
4. It is the intention of the parties that Henninger complete the items
described in paragraph one by December 31, 2013.
The parties affix their signatures below to indicate their assent to this Agreement:
k.A.150A4A.A.4._
le__ •
William A. Eta ran, Esquire Linda Henninger
ATTEST: BOROUGH OF MOUNT HOLLY
SPRINGS
eke D t-ek* 411
si
Cheryl D. S ith, Jar, J. ollins, II
Borough Secretary Borough Council President
(Borough Seal)
APPROVED this 11°-
day of Notes , 2013.
A/7 /
Robert H. Otto, Mayor
MOUNT HOLLY SPRINGS BOROUGH, : IN THE COURT OF COMMON PLEAS OF
Appellant CUMBERLAND COUNTY, PENNSYLVANIA
V. 2013- 4569
ZONING HEARING BOARD OF CIVIL ACTION — LAW
MOUNT HOLLY SPRINGS BOROUGH, : ZONING APPEAL
Appellee
ORDER OF COURT
AND NOW, this A7Aay of lVoyj f** j Jt ` , 2013, pursuant to
paragraph 2. of the within Settlement Agreement, the within Settlement Agreement is
hereby adopted as an Order of Court.
By t Court,
J.
Michael A. Scherer, Esquire
Solicitor for Borough of Mount Holly
illiam A. Duncan, Esquire
Counsel for Linda Henninger
Jennifer Hipp, Esquire ?.; 1
Borough of Mount Holly Springs
i>C. '?
Zoning Hearing Board Solicitor
12, A//1