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HomeMy WebLinkAbout06-6620 REAGER & ADLER, PC BY: SUSAN J. SMITH, ESQUIRE Attorney I.D. No. 62531 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: SSmith@ReagerAdlerPC.com Attorney for Appellants JOHN and KAREN RICHWINE, Appellants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. ZONING HEARING BOARD OF MONROE TOWNSHIP, Appellee NO. 04_6c -) Q C_j : LAND USE APPEAL NOTICE OF LAND USE APPEAL AND NOW, come John and Karen Richwine, by and through their attorneys, REAGER & ADLER, PC, and file this Land Use Appeal from the written decision of the Zoning Hearing Board of Monroe Township, Cumberland County, Pennsylvania dated October 16, 2006. This Land Use Appeal is filed pursuant to Article X-A of the Pennsylvania Municipalities Planning Code, Act No. 247 of 1968, P.L. 805, as reenacted and amended, 53 P.S. 1001-A et. seq. 1. Appellants, John and Karen Richwine ("Richwines") are the owners of a parcel of land located on Greenfield Drive in Monroe Township, Cumberland County, Pennsylvania ("Richwine Property"). The Richwine Property is Lot No. 8 on the recorded Final Plan for the Greenfield Subdivision, a residential subdivision. The Richwine Property is located at the terminus of Greenfield Drive, a cul-de-sac constructed to serve the Greenfield Subdivision. The Richwine Property, as shown on the Township-approved and recorded Final Plan for the Greenfield Subdivision, met all of the zoning requirements of the Monroe Township Zoning Ordinance for a residential lot. 2. The Appellee is the Zoning Hearing Board of Monroe Township, Cumberland County, Pennsylvania ("Board") 3. Harry H. Fox, Jr. ("Fox") is the owner of a parcel of land totaling 63 acres that is adjacent to the Richwine Property ("Fox Property"). The Fox Property is identified as Lot No. 1 on the Final Plan for Greenfield Subdivision. As shown on the recorded Final Plan for Greenfield Subdivision, the Fox Property is not accessed by Greenfield Drive; rather the Fox Property has 50 feet of frontage on Miller Boulevard. Fox seeks to further subdivide the Fox Property ("Proposed Subdivision"). 4. Fox filed an application with the Board for a variance from the minimum lot depth requirement ("Application") for lots in the Proposed Subdivision. As part of the Application, Fox submitted a plan sheet bearing the title "Alternate Layout Exhibit for Breeches Crossing" (Exh. 4). 5. The Proposed Subdivision contemplates an access road that, if constructed, will render the Richwine Property nonconforming under the Zoning Ordinance. It also conflicts with the layout for the residential building and utility improvements for the Richwine Property as depicted on the Township-approved and recorded Final Plan for Greenfield Subdivision. 6. The Richwines participated in the proceeding before the Board in opposition to the Application. 7. The Board issued a written decision granting the Application ("Decision"). A copy of the Decision is marked APPENDIX A and attached to this Land Use Appeal. 8. The Richwines timely filed this Land Use Appeal from the Decision. 9. In its Decision, the Board concluded that Fox "met [his] burden in establishing the requirements of a variance in accordance with the attached discussion and decision" as to Lot No. 1 of the Proposed Subdivision. In the Discussion portion of the Decision, the Board recited the statutory criteria for the grant of a variance and stated that the Application "represents minimal variance and [Fox's] plan will not change the residential nature of the neighborhood, nor has [Fox] created the hardship." The Board also stated that no variance from the lot width requirement is required for Lot Nos. 18 and 23. 10. In the Discussion portion of the Decision, the Board also stated "the subdivision was created prior to the enactment of the current ordinance." 11. In the Discussion portion of the Decision, the Board recognized the impact of the road layout for the Proposed Subdivision on the Richwine Property. Based on the evidence of record the Board recognized that construction of the road for the Proposed Subdivision (as shown on Alternate Layout Exhibit) would render the Richwine Property nonconforming and, therefore, preclude construction of the Richwines' home as contemplated in and depicted on the Final Plan for Greenfield Subdivision without the Richwines first obtaining zoning relief from the Zoning Hearing Board in the nature of a variance. In its Decision, the Board directed Fox to "pay up to $1,000 in costs for zoning relief required by the Richwine parcel for deficiencies which are created by the developer's plan." 12. The Decision is in error of law, is an abuse of discretion, and is arbitrary and capricious for the following reasons: a. The Board abused its discretion and its Decision is arbitrary and capricious and in error of law to the extent the Decision contains no findings as to "hardship," as required and defined by Section 910.2(a)(1) and (2), 53 P. S. §§ 910.1(a)(1),(2), of the Pennsylvania Municipalities Planning Code ("MPC") and related decisional law. b. The Board abused its discretion and its Decision is arbitrary and capricious and in error of law to the extent that it granted the Application, notwithstanding its conclusion that the Proposed Subdivision, if developed as shown in the Alternate Layout Exhibit, would render the Richwine Property nonconforming and, thereby, force the Richwines to seek zoning relief in order to develop their property for their home as contemplated by the Township-approved and recorded Final Plan for the Greenfield Subdivision, and where the Proposed Subdivision would otherwise conflict with the residential building and utilities lot layout for the Richwine Property as depicted in the Township-approved and recorded Final Plan for Greenfield Subdivision. c. In light of the impact of the Proposed Subdivision on the Richwine Property, the Board abused its discretion and its Decision is arbitrary and capricious and in error of law to the extent it concluded that the "Applicant's plan will not change the residential nature of the neighborhood." d. The Board abused its discretion and made an error of law under Section 910.2(b) of the MPC, 3 P.S. § 910.2(b), and related-decisional law to the extent it granted the Application based on the attachment of a condition that Fox provide "up to $1,000 in costs for zoning relief required by the Richwine parcel for deficiencies which are created by the developer's plan." e. The Board abused its discretion and its Decision is arbitrary and capricious and in error of law as to the statement in the Discussion portion of the Decision that "the subdivision was created prior to the enactment of the current ordinance," to the extent this statement refers to the Proposed Subdivision for which the Application was made. f. The Board abused its discretion and its Decision is arbitrary and capricious and in error of law to the extent the Board concluded that no variance was required for Lots 18 and 23 of the Proposed Subdivision. WHEREFORE, the Richwines respectfully request the Court to: (i) sustain their Land Use Appeal and reverse the Decision; and (ii) grant such other and further relief as may be appropriate in the Court's judgment. Respectfully submitted, REAGER & /IDLER, PC Dated: November 15, 2006 BY: Susan . Smrt? ,Esquire I.D. No. 625,E 1 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Fax: (717) 730-7366 Attorneys for John and Karen Richwine CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the following individuals on the date and in the manner as indicated below: Service by 1"-Class Mail: Monroe Township Zoning Hearing Board 1220 Boiling Springs Road Mechanicsburg, PA 17055 Michael J. Pykosh, Esquire Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Solicitor to Monroe Township Zoning Hearing Board Harry H. Fox, Jr. 600 Cold Spring Road Dillsburg, PA 17019 Brian C. Linsenbach, Esquire Schrack & Linsenbach 124 West Harrisburg Street Dillsburg, PA 17019-1244 Counsel to Harry H. Fox, Jr. DATED: November 15, 2006 usan J Smith IN RE: APPLICATION OF : ZONING HEARING BOARD OF HARRY H. FOX, JR. : MONROE TOWNSHIP, : CUMBERLAND COUNTY, PENNSYLVANIA WRITTEN DECISION EXHIBITS B-1 Letter dated July 21, 2006 to Monroe Township Zoning Hearing Board from William Swanick, P.E. B-2 Application dated July 24, 2006 of Harry H. Fox, Jr. (3 pages) B-3 List of Adjoining Property Owners. B-4 Plan dated June 1, 2006 B-5 Certificate of Service of Public Notice and Written Notice. B-6 Attendance Sheet. (1 page) T-1 Memorandum dated September 11, 2006 from Gregory R. Rogalski, P.E., to the Monroe Township Zoning Hearing Board. (1 page) FINDINGS OF FACT 1. Applicant, Harry H. Fox, Jr., is the owner of the property located at 1167 York Road, Mechanicsburg, PA 17055, Monroe Township, Cumberland County, Pennsylvania. (hereinafter the "property"). 2. Applicant requested relief in the form of a Variance from Article VI Section 604 Subsection 604.4 Page 157 of the Monroe Township Zoning Ordinance of September 17, 1998, amended June 13, 2002 (hereinafter the "ordinance"). 3. Applicant's request is to allow for a reduction of the minimum required lot depth with respect to Lot No.l of a Twenty-Three (23) Lot Subdivision. 4. The property is located in the Agricultural zoning district of Monroe Township, Cumberland County. 5. Public Notice of the hearing in this matter Was published in the Carlisle Sentinel, a newspaper of general circulation in Monroe Township on August 24, 2006 and August 31, 2006. 6. The Written Notice of the hearing was forwarded to the following individuals and entities on August 21, 2006; Marjorie Metzgar, Secretary, Monroe Township; The Monroe Township Planning Commission; Kevin R. Miller, Supervisor; A.W. Castle, III, Supervisor; and Samuel Simmons, Supervisor; Greg Rogalski, Monroe Township Zoning Officer; James Bogar, Esquire, Solicitor Monroe Township; Harry H. Fox, Jr., Applicant; William Swanick, P.E., the Cumberland County Planning Commission; and the following Adjoining Property Owners: Mark Lineaweaver, Ricard C. Yost, Kevin Field, Scott G. Miller, Leroy L. Hippensteel, Navin K. Patel, Doris M. Mitchell, Jon B. Richwine, I-Ming Wang, James R. Weinrich, Daniel C. Leandri, Kevin W. Johns, David M. Andrews, Timothy W. Hoover, Linwood A. Hoover, Ernest G. Hoffman, Eric C. Bush, Leonard R. Malloy, Todd M. Porr, Dorn Collanbine, Timothy S. Thompson, Ronald G. Enck, Gary W. Davidson, Michael L. Garrett, Bruce Dunlavy and Walter L. Berkheimer. 7. The property in question was posted on August 29, 2006, and the Municipal Building was posted on August 29, 2006. 8. No objections as to the method and timing of Notice and advertising were raised. 9. No objections as to any of the board's exhibits were raised. 10. On September 11, 2006 at approximately 7:00 p.m., a hearing was conducted on the matter. CONCLUSIONS OF LAW The Monroe Township Zoning Hearing Board has jurisdiction to hear the above- captioned appeal and application pursuant to 53 P.S. Section 10909.1(a) (5). (The Municipalities Planning Code) 2. Proper Notice of the hearing was given to the public and to all interested parties. Applicant met its burden in establishing the requirements of a variance in accordance with the attached discussion and decision. DISCUSSION Applicant submitted an application for a variance with the Zoning Hearing Board on July 21, 2006. The Applicant requested relief in the form of a variance for one lot of a twenty-three (23) lot subdivision. The Zoning Ordinance requires a minimum lot depth of 350 feet. The lot depth for Lot One (1) is 304 feet. The property in question is located in the Agricultural zone of Monroe Township. In reviewing the above application the zoning hearing board must take into account the criteria for a variance as set forth in Section 604.4 of the Zoning Ordinance. In order to prove a variance, the applicant must show the following: That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this Ordinance in the neighborhood or zone in which the property is located; 2. That because of such physical circumstances or conditions, there is not the possibility that the property can be developed in strict conformity with the provisions of this Ordinance and that the authorization of a variance is therefore necessary to enable reasonable use of the property; 3. That such unnecessary hardship has not been created by the appellant; 4. That the variance, if authorized, will'not alter the essential character of the zone,or neighborhood in which the property is located, not substantially or permanently impair the appropriate use or development of adjacent property, not be detrimental to the public welfare; and That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulations in issue. 6. The evidence indicates that the subdivision was created prior to the enactment of the current ordinance. The Zoning Hearing Board, taking the totality of the circumstances into consideration, Applicant has met the requirements of a variance in that the request represents minimal variance and the Applicant's plan will not change the residential nature of the neighborhood, nor has Applicant created the hardship. Additionally, the Board believes that the Applicant has done all it could do to minimize the degree of variance requested. The Board does agree with Applicant that as written, the Ordinance does not call for a variance for Lot 18 and Lot 23. There was a discussion relative to Applicant's plan's effect upon the property owned by Jon B. Richwine. Although the Zoning Hearing Board does not govern the layout of the roads in a development, Applicant has agreed to pay up to $1,000 in costs for zoning relief relative to zoning relief required by the Richwine parcel as a result of developer's plan. In accordance with the above, the zoning hearing board issues the attached decision: DECISION: 11 And Now, this day of October, 2006, in consideration of Applicant's request and after a public hearing, the Applicant's request for a variance with regard to lot depth with respect to Lot One (1) of a Twenty-Three (23) Lot subdivision is hereby granted in accordance to the plans and the specifications made apart of the record (Exhibit "B-1" and "B-4"). Applicant must abide by all other federal, state and local rules and regulations. Additionally, the developer is to pay up to $1,000 in costs for zoning relief required by the Richwine parcel for deficiencies which are created by the developer's plan. Richard Moore, Chai an 1;4wAzoa Ael--Alwlzllz? eig s, Vice-Chairman (Written Decision of Findings issued this4 day of October, 2006) c,I Qom. JOHN and KAREN RICHWINE APPELLANTS Vs. ZONING HEARING BOARD OF MONROE TOWNSHIP 1220 Boiling Springs Road Mechanicsburg, PA 17055 APPELLEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-6620 CIVIL TERM WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) TO: THE ZONING HEARING BOARD OF DICKINSON TOWNSHIP AND ENOLA CONSTRUCTION COMPANY We, being willing for certain reasons, to have certified a certain action between JOHN and KAREN RICHWINE, Appellants and ZONING HEARING BOARD OF MONROE TOWNSHIP, Appellee pending before you, do command you that the record of the action aforesaid with all things concerning said action, shall be certified and sent to our judges of our court of Common Pleas at Carlisle, within (20) days of the date hereof, together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Commonwealth. WITNESS, The Honorable EDGAR B. BAYLEY P. J. our said Court, at Carlisle, PA., this 15TH DAY OF NOVEMBER, 2006. CURTIS R. LONG Prothonotary /sl a'7t"(? k. 0%07?. 11 l S i e U- S . Post er a , v c CE RTIF IED MAIL , RECE , IPT . ided) P (Do mestic M ail Only ; No In surance Cov rov erage fl! M FFICI AL USE ti Postage $ M ° cenmed Fee Postmark O Retum Receipt Fee Here (Endorsement Required) ° Fee Restricted Delfvery • (Endorsement Requred) M ° Total Postage & Fees $ Ln 0 C3 3ftj M 0A ?o e owe skiF 2uni_ ? . ------ --- - ---------------------------- - Street, Apr. No.: -- 6nwlware `?«° IC5 u.r ?¢ 17A- S • 0 s..s r o? a -? 4 z 7 T G 'N a a? cn JOHN and KAREN RICHWINE APPELLANTS V. ZONING HEARING BOARD OF MONROE TOWNSHIP 1220 Boiling Springs Road Mechanicsburg, PA 17055 APPELLEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6620 CIVIL TERM RESPONSE TO WRIT OF CERTIORARI In response to the Writ of Certiorari filed in this matter, the following documents are attached hereto: Exhibit "A" - Writ of Certiorari dated November 15, 2006 Exhibit B" - B 1 Letter dated July 21, 2006 to Monroe Township Zoning Hearing Board frnm William Swanick, P.E. Exhibit "C" - B2 Application dated July 24, 2006 of Harry H. Fox, Jr. Exhibit "D" - B3 List of Adjoining Property Owners Exhibit "E" - B4 Plan dated June 1, 2006 Exhibit "F" - B5 Certificate of Service of Public Notice and Written Notice Exhibit "G" - B6 Attendance Sheet Exhibit "H" - T1 Memorandum dated September 11, 2006 from Gregory R. Rogalski, P.E., to the Monroe Township Zoning Hearing Board. Exhibit "I" -Notes of Testimony of Hearing dated September 11, 2006 Pxhibit "J" - Written Decision Respectfumy -Uto I JJrf1Vosh-,Z-s4-uire Solicitor for6lCjlonroe Township Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 EXHIBIT "A" WRIT OF CERTIORARI DATED NOVEMBER 15, 2006 JOHN and KAREN RICHWINE IN THE COURT OF COMMON PLEAS OF APPELLANTS CUMBERLAND COUNTY, PENNSYLVANIA Vs. : No. 06-6620 CIVIL TERM ZONING HEARING BOARD OF MONROE TOWNSHIP 1220 Boiling Springs Road Mechanicsburg, PA 17055 APPELLEE WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) TO: THE ZONING HEARING BOARD OF DICKINSON TOWNSHIP AND ENOLA CONSTRUCTION COMPANY - We, being willing for certain reasons, to have certified a certain action between JOHN and KAREN RICHWINE, Appellants and ZONING HEARING BOARD OF MONROE TOWNSHIP, Appellee pending before you, do command you that the record of the action aforesaid with all things concerning said action, shall be certified and sent to our judges of our court of Common Pleas at Carlisle, within (20) days of the date hereof, together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Commonwealth. WITNESS, The Honorable EDGAR B. BAYLEY P. J. our said Court, at Carlisle, PA., this 15TH DAY OF NOVEMBER, 2006. CURTIS R. LONG Prothonotary EXHIBIT "B" B-1 LETTER DATED JULY 215 2006 TO MONROE TOWNSHIP ZONING HEARING BOARD FROM WILLIAM SWANICK, P.E. 369 East Park Drive Harrisburg, PA 17111 (717) 564-1121 FAX (717) 564-1158 July 21, 2006 RECEIVED Monroe Township Zoning Hearing Board Monroe Township 1220 Boiling Springs Road Mechanicsburg, Pennsylvania 17055 JUL 25 2006 Re: Revised Zoning Variance Application Breeches Crossing Monroe Township, Cumberland County, PA Dear Board Members: This Revised Application for Variance and supporting documentation is submitted in accordance with Article 6 of the Monroe Township Zoning Ordinance. Specifically, Section 604.4 allows for and details the requirements of the Variance request. The Application has been revised in accordance with direction provided from the Monroe Township Planning Commission, Board of Supervisors, Township Solicitor, and Zoning Officer. The Variance application consists of the following: 1. Application for Variance. 2. Application fee of $300.00. 3. The following Cover Letter. 4. List of Adjoining Property Owners information. Preliminary Subdivision Plan for Breeches Crossing - Sheet 3 of 43 - Overall Existing Conditions Plan, plan dated February 15, 2006. 6. Alternate Layout Exhibit for Breeches Crossing, plan dated July 17, 2006. The requested Variance is associated with the proposed Preliminary Subdivision Plan for Breeches Crossing. The plan has been formally submitted to Monroe Township and has been reviewed by the Monroe Township Planning Commission at their meeting held March 8, 2006. The plan was tabled at that meeting pending the outcome of the subject Variance request. The proposed project now includes a 23 lot single-family residential subdivision on an approximate 62.6 acre tract that is currently zoned A-Agricultural. The subject property is located at 1167 York Road along the south side of York Road (S.R. 0074) just west of Miller Boulevard in Monroe Township, Cumberland County, Pennsylvania. On behalf of the Owner/Subdivider, Harry H. Fox, Jr. we respectfully request a Variance to the Monroe Township Zoning Ordinance. Specifically, Section 201.5 - Area and Design Requirements for the A- Agricultural zoning district stipulates a minimum required lot depth of 350 feet for proposed single- family detached dwellings. 7B' Monroe Township Zoning Hearing Board Monroe Township July 21, 2006 Page 2 In accordance with the Zoning Ordinance Definitions - Section 112, the minimum lot depth is "The horizontal distance measured between the street right-of-way line and the closest rear property line. On corner and reverse frontage lots, the depth shall be measured from the street right-of-way line on the street of address to the directly opposite property line". As shown on the Alternate Layout Exhibit, there is one (1) proposed lot that does not meet the minimum lot depth requirement of 350 feet. Lot No. 1: Depth Provided = 304 feet + Area Provided = 132 335 S.F.f In addition to the above, there are two (2) proposed lots that are triangular in slope. Please note that the Ordinance is silent on the measurement of lot depth for triangular parcels. We believe that adequate lot depth and building area is provided on the two (2) lots. Lot No. 18: Area Provided = 160,352 S.F.± Lot No. 23: Area Provided = 160,225 S.F.+ It is important to note that all lots meet or exceed the minimum required lot area of 80,000 S.F. or 1.84 areas and all lots meet or exceed the minimum required lot frontages and widths. In accordance with Section 604.4 - Variance, we provide the following: That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions, and not the circumstances of this Ordinance in the neighborhood or zone in which the property is located. The subject property is actually the residual tract from previous subdivision plans that created the newer lots along Greenfield Drive and the earlier lots along Miller Boulevard. For the residual subject tract a fifty (50) foot frontage along Miller Boulevard was maintained as well as the road frontage along S.R. 0074 which provided access to the farm dwelling and accessory structures. The shape of the remaining tract is unique in that it provides for very limited options for the placement of future public streets. One factor that dictated the placement of the proposed street system is the required second point of access which is to be provided by an extension of existing Greenfield Drive. Based on a previous agreement with the adjoining lands of the Mitchells, this required street extension would be located along the southern edge of their property and would enter the subject property at the southwestern corner where the property is very narrow. The location of the proposed roadway extension, as it passes through the southwestern corner, is shifted to the east as much as possible, while continuing to meet minimum roadway curvature requirements. This provides for the minimum lot depth on those proposed lots along the west side of the subject tract. Herbert, Rowland & Grubic, Inc. Monroe Township Zoning Hearing Board Monroe Township July 21, 2006 Page 3 2. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Ordinance and that the authorization of a variance is therefore necessary to enable reasonable use of the property. The proposed Alternate Layout Exhibit depicts a reasonable use of the property based on the associated zoning requirements for the A-Agricultural district. All of the proposed lots covered under this Variance request meet or exceed the minimum lot size of 80,000 S.F. All proposed lots provide for a reasonable building area after the application of the required building setbacks. 3. That such unnecessary hardship has not been created by the appellant. The hardship presented has not been created by the Applicant. The minimum lot depth requirements contained in the Zoning Ordinance is not typical of most other Zoning Ordinances of the other municipalities in the area. Normally, proposed lots are approved based only on required minimum lot width and lot area. Moreover, the A-Agricultural Zone is the only zoning district that includes that minimum lot depth requirement. It would appear that the minimum lot depth requirement of 350 feet listed is more suited for agricultural uses. These uses require a much greater minimum lot area of 10 acres, but a much smaller lot depth of only 200 feet. After discussion with the Township Zoning Officer, Greg Rogalski, Pennoni Associates, Inc., it appears that in the near future proposed Ordinance updates may modify the minimum lot depth requirement for the A-Agricultural zoning district. 4. That the variance, if authorized, will not alter the essential character of the zone or neighborhood in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, not be detrimental to the public welfare. The requested Variance, if authorized, will not alter the essential character of the surrounding "neighborhood". The existing lots along Greenfield Drive contain a minimum area of 80,000 S.F. and are configured generally the same as those proposed within Breeches Crossing. The existing lots along the adjacent Miller Boulevard to the east range in size from approximately 9,000 SY to 24,000 S.F. The existing lots to the south, along Indian Peg Road are also relatively small in size. The property to the west is currently used for agricultural purposes and the northern property line of the subject tract borders an existing Norfolk-Southern railway. The requested variance will not affect the public health, safety, and welfare. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulations in issue. The requested Variance, if authorized, represents the minimum variance that will afford relief and provide for reasonable development of the property. The requested variance will allow for lot depths and shapes that still provide adequate building area. Herbert, Rowland & Grubic, Inc. Monroe Township Zoning Hearing Board Monroe Township July 21, 2006 Page 4 The subject property includes a portion of 100-year flood plan as defined by FEMA. The area is associated with the Yellow Breeches and is confined to the northeast corner of the property. 6. The proposed use complies with the Monroe Township Floodplain Ordinance. The proposed project is currently under review and will comply with the Monroe Township Floodplain Ordinance. 7. Concerning the deminimus variances on several of the proposed lots, rigid compliance with the Ordinance is not necessary to protect the underlining public policy concerns of the Ordinance. I trust that the requested Variance can be authorized to allow for the proposed development plans to move forward. If you have any questions or comments or need additional information, do not hesitate to contact me. Sincerely, Herbert, Rowland & Grubic, Inc. William Swanick, P.E. Project Manager WRS/aeb 3751.001 X:\77\3751\3751001\Colres\Monroe Township Revised 07172006. doe c: Pat McKonly Harry H. Fox, Jr. Reading File Herbert, Rowland & Grubic, Inc. EXHIBIT "C" B-2 APPLICATION DATED JULY 249 2006 OF HARRY H. FOX, JR. MONROE SHIP "'20 Boiling Springs Roacl, Mechanicsburg, i?A 1705u 9794 Phone: 717; 258-6642 a (7171 697-4613 , F-ax: (717) 258-9311 - E-Mail; Monrotwr)@srobc.net ._DIPL C 'I TION PROCEDURE FOR VIA RS TOGO BEFORE T? ZONING FEARING BOARD () FOR VARIANCES, SPECIAL. EXCEPTIONS, INTERPRETATIONS, EXPANSION OF NON- CONF0R1vffNG USES, VALIDITY CHALLENGES AND APPEALS: On forms provided by the Township, a completed application with appropriate information and fees shall be submitted directly to the Zoning Officer. Applications determined to be complete will be dated and distributed to the appropriate parties for action within the times frames of the Municipalities Planning Code and the Monroe Township Zoning Ordinance. An application to the, Zoning Dearing Board will be considered complete if the following information is provided: I . Completed Zoning Hearing Board Application -One (1) Original, Six (6) Copies ? . Names and Addresses of Adjacent Property Owners -One (1) Copy 3. Site Plan drawn to scale _7,, -Seven (7) Copies Ground Floor Plans and Elevations of Proposed Structures -Seven (7) Copies 5. Application Fee -Variances, Special Exceptions or Appeals: $500.00 -Ordinance Validity Challenges: $500.00 plus $1000 escrow fee 6. Other Items required by Zoning Ordinance -See Section 604 for more informanon Check, if E closed V-11110 - V,, .N.A.- I,/ S O0. 00 CCUamNVAfX -' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FOR OM, SCE USE. OT?t> .1T ISI01"_: g-2r TOWNSHIP 11220 Boiling Springs Rocd, lulecnanicsburg, PA 17055-9794 Phone: (7-1,71258-6642 (717) 697-46113 Date:_3VV? 24 2.00e Application Number: 7 1. Application for: 31r. Variance o Special Exception ? interpretation or Appeal 2. Property Location: 1 I (a 7 Yo F- K- ""'-'0A D Cumberland County Tax Assessment Parcel #: ?. Property Owner: 41 ARZY k. 7R. Address GOO D LD GP 4K16 Mz0rV 3j- 4c $ Phone A.- , j - j t 5U RA 1'76 1'? pax 4 z z- '5 4*-t? 4. Person Preparing Plan (if other than applicant): Name WILWWAK 5WARICr.., F. . Address P 6 lr.L ALL ! LAN t?P-U5 (C Phone '544-- 9 11,.1 5. Agent for Applicant: Name 14.1 ILL-1 ."= ?P. r. x' Address HE49E=T W Ai-AD i P-U&11-' Phone -S, L, 4 - i E LtAipmsav/- m )IM Pax &4-EE:' 6. Existing Zoning District: A-AGr-tcyL Wr-4L Existing' Use: AGMjC vL'il'L)-O'pct. 7. The (9peeie; Y ., e- '. sought is per Article ?a , Section . tea o-4- , Subseeiion (604-.4- rage 157 , of the Monroe Township Zoning Ordinance for: f-d d J%-1 t ii-t t..+ r-6-40 UQ E'_=lr.-? L-e ' zw F a H Ew.B. r- 8 " L: Ug-ML P 1 C-7 i ".. - . E. =; - `?, Proposed tjs- ?atzach additional shewts U reauired Qj P "•" j, : -?? +rw.r. 1 i M1k'. .4. i? M.r Le,1 k .xW; ??% ngvt i, -t ?„Z^ y" - 10 w ''? _ ,,. ''-y;fEM-: te: - r (r7e2r 0 .y,. r1Q'? ,?.?. r 0,7 J.nn n rT'f;n T'. r, - 'Tn f.:... :- ,?JL dCtrii..L • 1 f 1nr..°rY}?j.?'.....• ?k / w. 11, Previous Use information: a. previous property Owner b. Previous Use Date of troperty archase = ZOO ?p j?. property Size: Acres a , . ? 4-1 Frontage 104.5'014 S.;!. 30 *7 5.0. 0. EL X- Square Feet Z, =..P5. so 'R 4p Devth 2*7 r a _ -+I•d'.. 13. Emstinb Buildings on Lot (List All): Type Height ? J 14. 't'otal Building Coverage: 15. Dimensions of Existing Yards in Feet: Front -1 -3' Rear 16. Dimensions of Proposed Yards in Feet: Front m bear 5' 17.. Flow will the tract be serviced for: ?,,,? it C,'H' .-0 r- i r S.F. Percentage Ofl,ot0'a {%' PWpvs::-,::? Left Side 4,0' Right Side 4-D Left Side +0' Right Side 0 ' Water ?1Z1 VA 7 =, WELL Sewerage ?1ri • }'1• 1 ! ! t? 11 ??'' 16. Fee Collected: 3eo -co paid 3-0 ! 3$ 17. Signature of Applicant or Agent: ,. Date 72'` a FOR OFFICE USE ONLY 19. Action of Zoning Hearing Board: ? Approved Continents or Conditions: _A6iL..9n- Lovmy?.?yy;? ? Disapproved 7 T, ? Approved with Conditions EXHIBIT "D" B -3 LIST OF ADJOINING PROPERTY OWNERS Breeches Crossing Monroe Township, Cumberland County Pennsylvania Adjacent Property Owners Mark Lineaweaver 1275 Creek Road Ricard C. Yost 1170 Greenfield Drive Kevin Field 1176 Greenfield Drive Scott G. Miller 1180 Greenfield Drive Leroy L. Hi ensteel 1184 Greenfield Drive Navin K. Patel 1188 Greenfield Drive Doris M. Mitchell 1194 Greenfield Drive Jon B. Richwine 1191 Greenfield Drive I-Min Wan 1187 Greenfield Drive James R. Weinrich 1183 Greenfield Drive Daniel C. Leandri 1177 Greenfield Drive Kevin W. Johns 1171 Greenfield Drive David M. Andrews 562 Miller Boulevard Timothy W. Hoover 564 Miller Boulevard Linwood A. Hoover 566 Miller Boulevard Ernest G. Hoffman 568 Miller Boulevard Eric C. Bush 572 Miller Boulevard Leonard R. Malloy 590 Miller Boulevard Todd M. Porr 1205 Indian Pe Road Dorn CoIlan bine 1207 Indian Pe Road Timothy S. Thompson 1209 Indian Pe Road Ronald G. Enck 1211 Indian Pe Road Gary W. Davison 1213 Indian Pe Road Michael L. Garrett 1215 Indian Peg. Road Bruce Dunlav 1217 Indian Pe Road Walter L. Berkheimer 1219 Indian Pe Road Walter L. Berkheimer 1221 Indian Peg Road All Addresses include Mechanicsburg, PA 17055 X:%3713751\3751001\CorreslBreeches Crossing Atliacent Prooenv Owners.xte. ?-3 EXHIBIT "E" B-4 PLAN DATED JUNE 15 2006 .01 341784 ?•r `/ Now- H• FGX' Now-HARRY ROAD SPRjNG` 600 COLS 019 _.. 1 cavRGs PA 17 OVERSIZED DOCUMENT 0 E? L-LCD rs "5 C) EXHIBIT "F" B-5 CERTIFICATE OF SERVICE OF PUBLIC NOTICE AND WRITTEN NOTICE IN THE MATTER OF: HARRY H. FOX, JR. : ZONING HEARING BOARD OF : MONROE TOWNSHIP : CUMBERLAND COUNTY, : PENNSYLVANIA CERTIFICATE OF SERVICE OF PUBLIC NOTICE AND WRITTEN NOTICE I, Michael J. Pykosh, Esquire certify that I caused Public Notice of Hearing scheduled in the above referenced proceeding to be given by publication in the Sentinel, a newspaper of general circulation in Monroe Township, Cumberland County, Pennsylvania, which publication appeared August 24, 2006, and August 31, 2006, as evidenced by the copy of the Proof of Publication which is attached hereto and marked as Exhibit "A". Further, written notice of the time and place of the hearing and the particular nature of the matter to be considered at the hearing was given by first class mail postage prepaid at Camp Hill, Pennsylvania on August 21, 2006 in the form and to the individuals contained in Exhibit "B" attached hereto and made a part hereof which included: Marjorie Metzgar, Secretary, Monroe Township; The Monroe Township Planning Commission; Kevin R. Miller, Supervisor; A.W. Castle, IJI, Supervisor; and Samuel Simmons, Supervisor; Greg Rogalski, Monroe Township Zoning Officer; James Bogar, Esquire; Harry H. Fox, Jr., Applicant; William Swanick, P.E.; The Cumberland County Planning Commission; and the following Adjoining Property Owners: Mark Lineaweaver, Ricard C. Yost, Kevin Field, Scott G. Miller, Leroy L. Hippensteel, Navin K. Patel, Doris M. Mitchell, Jon B. Richwine, I- Ming Wang, James R. Weinrich, Daniel C. Leandri, Kevin W. Johns, David M. Andrews, Timothy W. Hoover, Linwood A. Hoover, Ernest G. Hoffman, Eric C. Bush, Leonard R. Malloy, Todd M. Porr, Dorn Collanbine, Timothy S. Thompson, Ronald G. Enck, Gary W. Davison, Michael L. Garrett, Bruce Dunlavy, and Walter L. Berkheimer. Further, written notice of the time and place of the hearing and the particular nature of the matter to be considered at the hearing was posted at the Monroe Township Municipal Building on August 29, 2006 and upon the property in question on August 29, 2006. Law Offices of Darrell C. Dethlefs By: Mic Aug.31, 2006 10;57AM THE SENTINEL No-5173 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, berg duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13+h,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) August 24, 31, 2006 COPY OF NOTICE Of PUBLICATION :w Nom'. ` me Mou[tfirTt?t?nlfl?p ltaadtg Board wll hsva a m..tlnp and MttnedateN. therettMt: oandiiCt a OuQic on Mondefr. 80ptembar 11, bpinnhp et 7AQ Pari. T #d1q eh9 R0QWM for Rdvtit M #W M0nM& Ta? ?p ordnende WM tie heard:: 4PP1.lGATItl?Lx:. , APPitfelnt FMny. . Praperbr 1187 YtalcRas -' Nfechanimbutp, PA 17066 tMBtlulhl10e0fYakReatl?S?F.0074}JuetMteikdMMii 4pplarttlMl jj-" tl "fradW pptlceedWWwish.napaetloamducW of mkdmuM=.IKdo^ ¦ff'* is not alowed IA ft iSuaee?ZM* an . DMdot iasaalrigt3aletirCmArKobB.,SaoKott Q. 1fl9eapa 15? b Saalioa Q01.6 of U Moaoa TowiahfP ZM*V OI %W= of P brth.pu1p099?tareatallotegtiftemfnimtunt?agiaiadktt reitgMeto. Lole•1,.taend48NfAPI(OincJaBglotalnpleiipMy a9taoidaenfelat?drd?or?pNm . w Med ttreaehati Cioaafn9. APPOM t iabo PonneyNenis oak Drove Fhmtel PropAAy:. BIB. RoaQe Mer?sdo:biag. Patcof: 1Q,64415 . Affiant utter deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 31st. day of August 2006. %ppicm b wqr *W" a apeofitaaoaptlou +r6ih re?pact b the whidr.le rtn! acowad in 11trAprip?ural Zara W. Ap?Yoant i6 esslritp RaMtUnm Atfida s.. 9ec1an,50b.1.Pape14BOtfiaMomosTwris-10z t"0r*W"*fIBe 10dow' for a.epeclal eaapron br the putpos?,Gi m" 2A00 so" toot bn"lp'WA , baicea• Notary liC APO== W1kM amn, inn P&ML 4pploant is reQGeirtrp a 4M M 649P UM With MWWiD Se:leYOwirp, which a nct slowed I1t:11rB/rfhnaf Zcn. W. ' , . appYCwntssiildhgReMLliamAr6oM6.8eC6on309:i Papa.i?attliet?tomae T d.tf186.taalant?idrnetlN?tiaC?nRp4lttQtfil? . . a? 611d alNrtlalon Of a nOn•cantortnkrp uaa. Tile mrpeniioo Inowee Nle . . a of_r6ebrQon!:latBNks. rh&ZaRW Wit kl*p behafdWdWM"WTawneh1PMunldeWMan& 1220 9o?it9gt Hasd. ItaChanl?sbrrrg, ? 1 77 00 66 66.. ?I I Inisro9190 t are toped to attantl. The eforarrenfiorrad apploalbn elld pMne an avalabbiafinepawbnbythapuMatl- -MaaoelfprrbhlPfdunto?dBtMtlllg dutfnp N-9-d trt Zi ; hours. MlehaetJ.= Monroe TOwnch0 ZWft Fledlbtg Boarp My commission expires: 9111W COMMOMMTN OF PENNSYLVANIA No" Seat _ 00" Sore, Dort~ OM M My ?1tMrLS60t1 F G%1 1.20M Member. PanneyweMe Assode ' of WOO" P. 2/2 LAW OFFICE OF DAILL C. DETHLEFS Darrell C. Dethlefs* Michael J. Pykosh* John M. Shugars Law Clerk Bryan W. Shook, J.D. 2132 Market Street Camp Hill, PA 17011 Phone: (717) 975-9446 Fax: (717) 975-2309 E-mail: ddethlefs@aol.com Leval Assistants Sherry L. Deckman* Laryssa Van Lieu *Licensed PA Title Agents August 21, 2006 Marjorie Metzgar, Secretary Monroe Township Municipal Building 1220 Boiling Springs Road Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Marge: Enclosed please find a Revised Notice of the Monroe Township Zoning Hearing Board meeting scheduled for Monday, September 11, 2006. Should you have any questions, please do not hesitate to contact me. Very truly yours, /iclelPykosh MJP/lev Enclosure a Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Michael J. Pykosh* John M. Shugars Law Clerk Bryan W. Shook, J.D. August 21, 2006 2132 Market Street Camp Hill, PA 17011 Phone: (717) 975-9446 Fax: (717) 975-2309 E-mail: ddethlefs@aol.com Monroe Township Planning Commission Monroe Township Municipal Building 1220 Boiling Springs Road Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board To Whom It May Concern: Legal Assistants Sherry L. Deckman* Laryssa Van Lieu *Licensed PA Title Agents Enclosed please find a Revised Notice of the Monroe Township Zoning Hearing Board meeting scheduled for Monday, September 11, 2006. Should you have any questions, please do not hesitate to contact me. Very truly yours, Veaelkosh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* ;Michael I Pykosh* John M. Shugars Law Clerk Bryan W. Shook, J.D. 2132 Market Street Camp Hill, PA 17011 Phone: (717) 975-9446 Fax: (717) 975-2309 E-mail: ddethlefs@aol.com Legal Assistants Sherry L. Deckman* Laryssa Van Lieu *Licensed PA Title Agents August 21, 2006 Kevin R. Miller, Supervisor Monroe Township Municipal Building 1220 Boiling Springs Road Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Miller: Enclosed please find a Revised Notice of the Monroe Township Zoning Hearing Board meeting scheduled for Monday, September 11, 2006. Should you have any questions, please do not hesitate to contact me. Very truly yours, /elykosh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Legal Assistants Michael I Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs abol.com Law Clerk Bryan W. Shook, J.D. August 21, 2006 A. W. Castle, ITI, Supervisor Monroe Township Municipal Building 1220 Boiling Springs Road Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Castle: Enclosed please find a Revised Notice of the Monroe Township Zoning Hearing Board meeting scheduled for Monday, September 11, 2006. Should you have any questions, please do not hesitate to contact me. Very truly yours, c VaZP)ykosh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Michael J. Pykosh* John M. Shugars Law Clerk Bryan W. Shook, J.D. August 21, 2006 2132 Market Street Camp Hill, PA 17011 Phone: (717) 975-9446 Fax: (717) 975-2309 E-mail: ddethlefs@aol.com Samuel Simmons, Supervisor Monroe Township Municipal Building 1220 Boiling Springs Road Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Simmons: Leeal Assistants Sherry L. Deckman* Laryssa Van Lieu *Licensed PA Title Agents Enclosed please find a Revised Notice of the Monroe Township Zoning Hearing Board meeting scheduled for Monday, September 11, 2006. Should you have any questions, please do not hesitate to contact me. Wieu'J. urs, kosh MJP/le v Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Legal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefsnaol.com Law Clerk Bryan W. Shook. J.D. August 21, 2006 Greg Rogalski, Zoning Officer Via Facsimile (717) 975-6480 Monroe Township Municipal Building and Regular Mail 1220 Boiling Springs Road Mechanicsburg, PA 17055 Re: Special Exception Application of Williams Grove, Inc. Special Exception Application of Oak Grove Farms Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Rogalski: Enclosed please find a Notice of the Monroe Township Zoning Hearing Board meeting scheduled for Monday, September 11, 2006. Please post the properties in question and the Monroe Township Municipal Building by September 1, 2006. Should you have any questions, please do not hesitate to contact me. 7 v er yours, 11 . ael J. Pykosh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Leeal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs(a_),aol.com Law Clerk Brvan W. Shook, J.D. August 21, 2006 James Bogar, Esquire LAW OFFICE OF JAMES BOGAR One West Main Street Shiremanstown, PA 17011 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Attorney Bogar: Enclosed please find a Revised Notice of the Monroe Township Zoning Hearing Board meeting scheduled for Monday, September 11, 2006. Should you have any questions, please do not hesitate to contact me. Very truly yours, ? .9 h el ykosh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Leeal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefsnaol.com Law Clerk Bryan W. Shook, J.D. August 21, 2006 Harry H. Fox, Jr. 600 Cold Spring Road Dillsburg, PA 17019 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Fox: Enclosed please find a Revised Notice of the Monroe Township Zoning Hearing Board meeting scheduled for Monday, September 11, 2006. Should you have any questions, please do not hesitate to contact me. Very truly yours, aeyh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Legal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefsnaol.com Law Clerk Bryan W. Shook, J.D. August 21, 2006 William Swanick, P.E. Herbert, Rowland & Grubic, Inc. 369 East Park Drive Harrisburg, PA 17111 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Swanick: Enclosed please find the revised Notice of Hearing regarding the above referenced matter. Should you have any questions please do not hesitate to contact me. Very truly o s, ichael J. Pykosh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Legal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs a,aol.com Law Clerk Bryan W Shook J D August 21, 2006 Cumberland County Planning Commission Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board To Whom It May Concern: Enclosed please find a copy of the Revised Notice of Hearing regarding the above referenced applicant. Very truly yours, geykosh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Leeal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs a,aol.com Law Clerk Bryan W Shook J D August 21, 2006 Mark Lineaweaver 1275 Creek Road Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Lineaweaver: As you may be aware, an adjoining property owner submitted a variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the Revised Notice of Hearing regarding the above referenced matter. MJP/lev Enclosure Mailinp- Address: P.O. Box 368, Camp Hill, PA 17001-0368 Darrell C. Dethlefs* Michael J. Pykosh* *Licensed PA Title Agents August 21, 2006 Ricard C. Yost 1170 Greenfield Drive Mechanicsburg, PA 17055 2132 Market Street Camp Hill, PA 17011 Fax: (717) 975-2309 Phone: (717) 975-9446 E-mail: DDethlefs?u)aol.com Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Yost: As you may be aware, an adjoining property owner submitted a variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the Revised Notice of Hearing regarding the above referenced matter. Very truly yours, Weykosh MJP/lev Enclosure LAW OFFICE OF DARRELL C. DETHLEFS Leval Assistants Sherry L. Deckman* Laryssa E. Van Lieu Law Clerk • Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 • LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Legal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs waol.com Law Clerk -- Baan W Shook J D August 21, 2006 Kevin Field 1176 Greenfield Drive Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Field: As you may be aware, an adjoining property owner to your property submitted a variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the Revised Notice of Hearing regarding the above referenced matter. WheuJ. rs, osh MJP/lev En closure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Legal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefsnaol.com Law Clerk Bryan W. Shook, J.D. August 21, 2006 Scott G. Miller 1180 Greenfield Drive Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Miller: As you may be aware, an adjoining property owner to your property submitted a variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the Revised Notice of Hearing regarding the above referenced matter. Very trul MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Michael J. Pykosh* *Licensed PA Title Agents 2132 Market Street Camp Hill, PA 17011 Fax: (717) 975-2309 Phone: (717) 975-9446 E-mail: DDethlefs(a)aol.com Leval Assistants Sherry L. Deckman* Laryssa E. Van Lieu Law Clerk August 21, 2006 Navin K. Patel 1188 Greenfield Drive Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Patel: As you may be aware, an adjoining property owner to your property submitted a variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the Revised Notice of Hearing regarding the above referenced matter. XaelJ. h MJP/lev Enclos ure Mailing; Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Leal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefsnaol.com Law Clerk Bryan W. Shook, J.D. August 21, 2006 Doris M. Mitchell 1194 Greenfield Drive Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Ms. Mitchell: As you may be aware, an adjoining property owner to your property submitted a variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the Revised Notice of Hearing regarding the above referenced matter. Wikrosh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Leeal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs n.aol.com Law Clerk Bryan W. Shook, J.D. August 21, 2006 Jon B. Richwine 1191 Greenfield Drive Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Richwine: As you may be aware, an adjoining property owner to your property submitted a variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the Revised Notice of Hearing regarding the above referenced matter. Very truly yours, Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Legal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefsnaol.com Law Clerk - Bryan W Shook J D August 21, 2006 I-Ming Wang 1187 Greenfield Drive Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear I-Ming Wang: As you may be aware, an adjoining property owner to your property submitted a variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the Revised Notice of Hearing regarding the above referenced matter. Very truly yours, osh Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Leeal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefsa?aol.com Law Clerk Bryan W. Shook J.D. August 21, 2006 James R. Weinrich 1183 Greenfield Drive Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Weinrich: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. Very truly yours, WelJ. MJ P/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Leeal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van LieL Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefsnaol.com Law Clerk Brvan W. Shook, J.D August 21, 2006 Daniel C. Leandri 1177 Greenfield Drive Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Leandri: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. Very truly yours, c /14.y-k sh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Legal Assistant! Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Liei Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefsnaol.com Law Clerk Bryan W. Shook, J.D August 21, 2006 Kevin W. Johns 1171 Greenfield Drive Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Johns: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. Very truly yours, c Zel. ko sh MJPllev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Legal Assistant! Michael I Pykosh* 2132 Market Street Sherry L. Deckman# Camp Hill, PA 17011 Laryssa E. Van Liei Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs a aol.com Law Clerk Bryan W. Shook, J.D August 21, 2006 David M. Andrews 562 Miller Boulevard Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Andrews: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. Very truly yours, OhaelPykosth MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Leal Assistant., Michael I Pykosh* 2132 Market Street Sherry L. Deckman' Camp Hill, PA 17011 Laryssa E. Van Liei Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs n aol.com Law Clerk Bryan W. Shook, J.D August 21, 2006 Timothy W. Hoover 564 Miller Boulevard Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Hoover: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. Very truly yours, Michael T Pykosh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Leaal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lief: Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs@-aol.com Law Clerk Bryan W. Shook. J.D August 21, 2006 Linwood A. Hoover 564 Miller Boulevard Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Hoover: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. Very truly your > XichaelPykosh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Legal Assistant, Michael I Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van LleL Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs« ,aol.com Law Clerk Bryan W Shook J .Q August 21, 2006 Ernest G. Hoffman 568 Miller Boulevard Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Hoffman: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. Very truly you , Michael J. Pykosh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Leeal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefsnaol.com Law Clerk Bryan W. Shook, J.D. August 21, 2006 Eric C. Bush 572 Miller Boulevard Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Bush: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. Very,truly y urs, ichael J. Pykosh MJP/lev Enclosure Mailina Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Legal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefsaaol.com Law Clerk Bryan W Shook J D August 21, 2006 Leonard R. Malloy 590 Miller Boulevard Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Malloy: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. Very truly yours, Xichael Pykosh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* LeEal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Liet Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs apol.com Law Clerk Bryan W. Shook, J.D August 21, 2006 Todd M. Porr 1205 Indian Peg Road Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Porr: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. Very trul yours, Michae J. Pykosh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Legal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDe1hlefs5),aol.com Law Clerk Bryan W. Shook. J.D. August 21, 2006 Dorn Collanbine 1207 Indian Peg Road Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Dorn: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. Very truly yours, 1 ael . Pykosh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Leeal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs g.aol.com Law Clerk Bryan W Shook J D August 21, 2006 Timothy S. Thompson 1209 Indian Peg Road Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Thompson: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. s, Very rJPvykosh icha MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Legal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs c,?aol.com Law Clerk Bryan W. Shook, J.D. August 21, 2006 Ronald G. Enck 1211 Indian Peg Road Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Enck: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. VaelJ. sh MJP/l ev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Legal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefsnaol.com Law Clerk Bryan W. Shook, J.D. August 21, 2006 Gary W. Davison 1213 Indian Peg Road Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Davison: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. Ve truly rs, /Michael J. Pykosh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Leeal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs a,aol.com Law Clerk Bryan W Shook J D August 21, 2006 Michael L. Garrett 1215 Indian Peg Road Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Garrett: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. s, Very ZJ.yukrosh is MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Leeal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs a aol.com Law Clerk Bryan W Shook J D August 21, 2006 Bruce Dunlavy 1217 Indian Peg Road Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Dunlavy: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. Very truly yours, 2ia s h MJP/lev Enclosure Mailiniz Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Legal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs a aol.com Law Clerk Bryan W. Shook, J.D. August 21, 2006 Walter L. Berkheimer 1219 Indian Peg Road Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Berkheimer: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. Very trul yours ichae J. P kosh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Legal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefsnaol.com Law Clerk Bryan W. Shook, J.D. August 21, 2006 Walter L. Berkheimer 1221 Indian Peg Road Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Berkheimer: As you may be aware, an adjoining property owner to your property submitted a revised variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the revised Notice of Hearing regarding the above referenced matter. Zichael urs, ko sh MJP/lev Enclosure Mailing? Address: P.O. Box 368, Camp Hill, PA 17001-0368 LAW OFFICE OF DARRELL C. DETHLEFS Darrell C. Dethlefs* Leaal Assistants Michael J. Pykosh* 2132 Market Street Sherry L. Deckman* Camp Hill, PA 17011 Laryssa E. Van Lieu Fax: (717) 975-2309 Phone: (717) 975-9446 *Licensed PA Title Agents E-mail: DDethlefs a aol.com Law Clerk Bryan W. Shook, J.D. August 21, 2006 Leroy L. Hippensteel 1184 Greenfield Drive Mechanicsburg, PA 17055 Re: Application of Harry H. Fox, Jr. Monroe Township Zoning Hearing Board Dear Mr. Hippensteel: As you may be aware, an adjoining property owner to your property submitted a variance application to the Monroe Township Zoning Hearing Board. Enclosed please find the Revised Notice of Hearing regarding the above referenced matter. Veroelkoslh MJP/lev Enclosure Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 09/11/2006 MON 12:55 FAX 0003/004 MONROE TOWNSHIP 1220 Boiling Springs Road, Mechanicsburg, PA 17055-9794 Phone: (717) 258-6642 • (717) 697-4613 • Fax: (717) 258-9311 • E-Mail: Monrotwp@epix,net September 11, 2006 MNTP 0601.050 Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, PA 17011 Attention: Michael J. Pykosh, Esq. RE: Application of Harry H. Fox, Jr. Monroe Township, Cumberland County, Pennsylvania Dear Mr. Pykosh, In accordance with your letter dated August 21, 2006, this letter is to certify that the Notice of Hearing was posted at the Monroe Township Municipal Building and the Fox property at 1167 York Road on August 29, 2006 by the Zoning Officer. If you have any additional questions, please do not hesitate to contact me. Very rely Yours, c Grego R. R ski, PE Monroe Township Zoning Officer ORR/grr G:IMNCP1060110501Fox Posting Cert2.dac Cc: A-file File EXHIBIT "G" B-6 ATTENDANCE SHEET ??f ? J ? /,, EXHIBIT "H" T-1 MEMORANDUM DATED SEPTEMBER 11, 2006 FROM GREGORY R. ROGALSKI, P.E., TO THE MONROE TOWNSHIP ZONING HEARING BOARD Pennoni PENNONI ASSOCIATES INC. CONSULTING ENGINEERS MEMORANDUM TO: Monroe Township Zoning Hearing Board FROM: Gregory R. Rogalski, P.E. 1'1? Monroe Township Zoning Officer DATE: September 11, 2006 SUBJECT: Breeches Crossing Zoning Variance Request 1167 York Road, Mechanicsburg, PA 17055 File Reference No. MNTP 0601.050 We have reviewed the above referenced Special Exception Request dated July 24, 2006 as prepared by HRG, Inc. and offer the following comments: A. Variance Request 1. The applicant has applied for a variance pursuant to Section 201.5 of the Zoning Ordinance to permit the creation of three lots without the minimum required lot depth of 350' in the Agricultural Zone. 2. The applicant is proposing to create Lot #1 with a lot depth of 304 feet. This does not meet the minimum required lot depth. It appears the location of the proposed street extension is limiting the lot depth in this area. 3. The applicant is proposing the creation of two triangular lots for Lots #18 and 23. The definition of "Lot Depth" in Section 112 does not address the measurement of lot depth for triangular lots. It appears the applicant has taken the appropriate course of action to create a lot that generally meets the intent of the ordinance. 4. The extension of Greenfield Drive will change the configuration of the setbacks on the Richwine property and make the existing lot non-conforming with respect to minimum lot depth. It does not appear this non-conformity will alter the ability to construct a single family dwelling on this lot in any manner. 5. The criteria set forth in Section 604.4 should be considered in granting a variance. B. General The Township Board of Supervisors have not taken a position on this application. GRR/grr G:\MN 601 - 2006 Zoning Services\050 - Fox Variance - Reviseffox Variance.doc cc: William Swanick, HRG, Inc. A-File File 431 Railroad Avenue • Camp Hill, PA 17011-5602 ¦ Tel: 717.975.6481 . Fax: 717.975.6480 www.pennoni.com T-? , EXHIBIT "I" NOTES OF TESTIMONY OF HEARING OF SEPTEMBER I I, 2006 MONROE TOWNSHIP ZONING HEARING BOARD IN RE: HARRY H. FOX, JR., APPLICANT BREECHES CROSSING 1167 YORK ROAD MECHANICSBURG, PA 17055 TRANSCRIPT OF PROCEEDINGS ZONING HEARING BEFORE: RICH MOORE, CHAIRMAN GARY NEIGHTS, VICE-CHAIRMAN DATE: SEPTEMBER 11, 2006, 7:00 P.M. 0 PLACE: MONROE TOWNSHIP MUNICIPAL BUILDING 1220 BOILING SPRINGS ROAD MECHANICSBURG, PENNSYLVANIA APPEARANCES: SCHRACK & LINSENBACH BY: BRIAN C. LINSENBACH, ESQUIRE FOR - APPLICANT LAW OFFICE OF DARRELL C. DETHLEFS BY: MICHAEL J. PYKOSH, SOLICITOR FOR - MONROE TOWNSHIP ZONING HEARING BOARD TERESA K. BEAR, REPORTER NOTARY PUBLIC Geiger & Loria Reporting Service - 800-222-4577 2 TABLE OF CONTENTS W I T N E S S FOR APPLICANT Andrew M. Kenworthy By Mr. Linsenbach E X H I B I T S BOARD EXHIBIT NO. 1 - Letter dated 7/21/06 2 - Application 3 - List of adjoining property owners 4 - Plan dated 6/1/06 5 - Certificate of service 6 - Sign-in sheet TOWNSHIP EXHIBIT NO. DIRECT 12 MARKED ADMITTED 5 8 5 8 6 8 6 8 7 8 7 8 1 - Memorandum 9 9 (Board Exhibits 1 through 6 and Township Exhibit 1 were retained by Mr. Pykosh.) Geiger & Loria Reporting Service - 800-222-4577 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 25 THE CHAIRMAN: Good evening. Tonight is September 11th, 2006, it's Monday evening and it's seven o'clock. We're here this evening to hear three zoning hearing applications. And to let everybody know the way we're going to go with these, we're going to do them in the order in which they were received, that is the Breeches Crossing will be first, the Oak Grove Farms will be second and the Williams Grove Speedway will be third, so that you know the way we're going here. I am Rich Moore, I am the Chairman of the zoning hearing board. With me is Gary Neights who is the Vice-Chairman and also a member. We have Mike Pykosh who is our solicitor and Dave Milletics who represents Pennoni I Associates who is the township engineering firm. He's here in lieu of Greg Rogalski, the zoning officer, this evening. Okay, let's start with the Breeches Crossing. Who is here representing Breeches Crossing? MR. LINSENBACH: I am, sir. Brian Linsenbach, attorney for Harry Fox, Jr. We are requesting a variance -- THE CHAIRMAN: Wait a minute, hold on. Okay, who of the people that you have here will be giving testimony? MR. LINSENBACH: I'm going to have Edward Geiger & Loria Reporting Service - 800-222-4577 4 is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 25 Kenworthy testify, he's from HRG, and I'd like Dave to just summarize the memorandum from Greg Rogalski. THE CHAIRMAN: Okay. MR. LINSENBACH: And that's all I have. THE CHAIRMAN: Dave, I'm going to swear you in with all of them right now. Please raise your right hands. I solemnly swear or affirm that I will give the whole truth to the best of my knowledge. MR. KENWORTHY: I do. MR. MILLETICS: I do. THE CHAIRMAN: Both of them indicated I do, okay. Sir, let's -- oh, wait a second. MR. PYKOSH: Is there anybody else that might testify? THE CHAIRMAN: Is there anybody else here for that hearing? MS. RICHWINE: For the hearing, yes. THE CHAIRMAN: Do you want to testify -- for this hearing, the Fox hearing? MS. RICHWINE: Yes, I'd like to comment on that. THE CHAIRMAN: Okay, would you please rise and -- what's your name, ma'am, for the record? MS. RICHWINE: For the record it's Karen Richwine, R-i-c-h-w-i-n-e. Geiger & Loria Reporting Service - 800-222-4577 5 THE CHAIRMAN: Okay, right hand. I solemnly swear or affirm that the testimony I give this evening will be to the best of my knowledge. MS. RICHWINE: I solemnly swear the testimony -- THE CHAIRMAN: Just say yes. MS. RICHWINE: Yes. THE CHAIRMAN: She says yes. Okay, Mr. Solicitor, I believe we need some exhibits here. MR. PYKOSH: Yes, I've premarked the following exhibits: I've marked as Board Exhibit Number 1, B-1, the letter dated July 21st, 2006 from HRG, Herbert, Rowland & Grubic, Inc., to the Monroe Township Zoning Hearing Board authored by William Swatnic, P.E. It is a four-page letter. So that will be Board Exhibit Number 1. (Letter dated 7/21/06 produced and marked as Board Exhibit No. 1.) MR. PYKOSH: Board Exhibit Number 2 is the application of Harry H. Fox, Jr. It's a two-page application with the Monroe Township cover page. Altogether there were three pages that were submitted. That will be Board Exhibit Number 2. (Application produced and marked as Board Exhibit No. 2.) Geiger & Loria Reporting Service - 800-222-4577 6 1 2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 23 24 • 25 MR. PYKOSH: Board Exhibit Number 3 is a list of adjoining property owners that was -- so that will be Board 3. (List of adjoining property owners produced and marked as Board Exhibit No. 3.) MR. PYKOSH: Board Exhibit Number 4 is the plan dated 6/1/06. It's drawing number 1, sheet 1 of 1 entitled Harry H. Fox, Jr., alternate layout exhibit to i i Breeches Crossing. So that will be Board Exhibit Number 4. (Plan dated 6/1/06 produced and marked as Board Exhibit No. 4.) MR. PYKOSH: Board Exhibit Number 5 is the certificate of service of public notice and written notice. Notice of the time and place and reason for this hearing was published in The Sentinel on August 24th and August 31st, 2006. Furthermore, the following individuals and entities were notified by U.S. first class mail on August 21st, 2006: They included Marjorie Metzger, secretary of Monroe Township; the Monroe Township Planning Commission, the three supervisors who are Kevin R. Miller, A.W. Castle, III and Samuel Simmons; Gregory Rogalski, the Monroe Township Zoning Officer; James Bogar, Esquire, the Geiger & Loria Reporting Service - 800-222-4577 7 • 1 2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 23 24 • 25 Monroe Township Solicitor; Harry H. Fox, Jr., the applicant; William Swatnic, P.E., the agent for the applicant; the Cumberland County Planning Commission. And additionally, the following adjoining property owners were notified: Mark Lineaweaver, Richard Yost, Kevin Field, Scott G. Miller, Leroy L. Hippensteel, Navin K. Patel, Doris M. Mitchell, John B. Richwine, Ilene Wang, James R. Weinreich, Daniel C. Leandri, Kevin W. Johns, David M. Andrews, Timothy W. Hoover, Linwood A. Hoover, Ernest G. Hoffman, Eric C. Bush, Leonard R. Malloy, Todd M. Poor, Timothy S. Thompson, Ronald Enck, Gary W. Davidson, Michael G. Garrett, Bruce Dunlevy, Walter Berkheimer and Dorn Collanbine. Furthermore, the written notice of the time and place of the hearing was posted at the property and upon the township municipal building on August 29th, 2006. (Certificate of service produced and marked as Board Exhibit No. 6.) MR. PYKOSH: In the back there is a sign-in sheet which I'll mark as Board Exhibit Number 6. That's a sheet for somebody who is not an applicant that could sign if they want to get a copy of the decision and I'll mail a copy of the decision to them. (Sign-in sheet produced and marked as Board Geiger & Loria Reporting Service - 800-222-4577 8 • 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 0 25 Exhibit No. 6.) MR. PYKOSH: So they're the Board Exhibits 11 through 6. THE CHAIRMAN: Thank you very much. Does anybody have any opposition to the Board exhibits? (No response.) THE CHAIRMAN: If I hear none, they're admitted. Mr. Pykosh, is there anything else we need to do before we begin? MR. PYKOSH: No. THE CHAIRMAN: Okay. Sir, you're on. MR. LINSENBACH: Yes, as stated in our application, Mr. Fox is requesting a variance to the township zoning ordinance, specifically 201.5 which is area and design requirements for a subdivision. There is a minimum required lot depth of 350 feet and one of our lots, lot number 1, has a lot depth of 304 feet. To start out with, I'd just like Greg Rogalski's assistant, Dave Milletics, to read into the record the memorandum, or at least summarize for us as an exhibit. THE CHAIRMAN: Why don't we do this, before he gets his chance, why don't you tell us if there's anything else you're asking us to do and then we'll go forward. Tell us what you're asking us to do here. All Geiger & Loria Reporting Service - 800-222-4577 9 1 2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 23 24 0 25 you're asking for is a variance on lot 18 and 23? MR. LINSENBACH: Lot number 1. Lot 28 and 1 23 -- THE CHAIRMAN: Okay. Well, lot number 1, okay. Wait a minute, why is -- okay. MR. LINSENBACHi Lot 1 our depth is 304 feet and we need to meet the 350 feet requirement. The other two lots, number 18 and 23, are triangular in nature and a variance really is not needed because your ordinance does not address them. We've discussed it at the planning commission meeting. THE CHAIRMAN: Only for lot 1? MR. LINSENBACH: That's correct. THE CHAIRMAN: Okay, go ahead then. MR. LINSENBACH: If I could get Dave to summarize this memorandum from Greg Rogalski. THE CHAIRMAN: Before we do, then we're going to admit this as Township 1. MR. PYKOSH: Well, we'll premark it as T-1 and then why don't you go through it. THE CHAIRMAN: T-1, okay. (Memorandum produced and marked as Township Exhibit No. 1.) THE CHAIRMAN: So we'll admit Greg's memorandum as T-1. Geiger & Loria Reporting Service - 800-2224577 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 25 MR. MILLETICS: Variance request. Number 1, the applicant has applied for a variance pursuant to Section 201.5 of the zoning ordinance to permit the creation of three lots without the minimum required lot depth of 350 feet in the agricultural zone. 2. The applicant is proposing to create lot number 1 with a lot depth of 304 feet. This does not meet the minimum required lot depth. It appears the location of the proposed street extension is limiting the lot depth in this area. 3. The applicant is proposing the creation of two triangular lots for lots 18 and 23. The definition of lot depth in Section 112 does not address the measurement of lot depth for triangular lots. It appears the applicant has taken the appropriate course of action to create a lot that generally meets the intent of the ordinance. 4. The extension of Greenfield Drive will change the configuration of the setbacks on the Richwine property. THE CHAIRMAN: Stop. Which one is the Richwine property? MR. MILLETICS: To the right of lot 1. THE CHAIRMAN: So the one just below the -- MR. MILLETICS: Existing -- Geiger & Loria Reporting Service - 800-222-4577 11 THE CHAIRMAN: The one that shows with the house? MR. MILLETICS: Yes. THE CHAIRMAN: Okay, good enough. MR. MILLETICS: The Richwine property and make the existing lot nonconforming with respect to minimum lot depth. It does not appear that this nonconforming will alter the ability to construct a single family dwelling on this lot in any manner. THE CHAIRMAN: Question. Is there a house on there now? MS. RICHWINE: I own the lot and there's no house on the lot. THE CHAIRMAN: So it's just an open lot at this point? MS. RICHWINE: Yes. THE CHAIRMAN: Okay. Good enough. MR. MILLETICS: 5. The criteria set forth in Section 604.4 should be considered in granting a variance. B. General, the township board of supervisors have not taken a position on this application. THE CHAIRMAN: Okay. MR. LINSENBACH: Now I'd like to call my witness, Andrew Kenworthy, from HRG. He's going to be holding up Exhibit B-1 as he testifies. This is the Geiger & Loria Reporting Service - 800-222-4577 12 drawing you have in front of you, just so he can point out to it. THE CHAIRMAN: Okay. ANDREW KENWORTHY, previously being sworn, testified as follows: DIRECT EXAMINATION BY MR. LINSENBACH: Q Would you please describe the general layout of the subdivision there and its location. A Sure. We are looking at what is known as the address 1167 York Road. The property as depicted on the exhibit here extends the full length east-west across the top with an angle line down the western side. Greenfield Road cul-de-sac is located on the eastern and southern side of our property as the subject property comes around the subdivision that comes off of Greenfield Road there. There is a small frontage of Route 74 to the north and that's Miller -- Miller Boulevard along the eastern side of where frontage exists through a 50 foot strip, more towards the northern part of the subject property. Q What's the general size of the lots in Geiger & Loria Reporting Service - 800-222-4577 13 • 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 0 25 square footage? A All lots meet the minimum 80,000 square feet size. There are six that are over 100,000 as well. There are 23 total lots proposed. Q Can you give the Board an explanation of why this variance is needed? A Sure. As I mentioned, there was a small strip that provided access to this large parcel that sits to the west as depicted on the plan here. That 50 foot access is all that is really available to service the entire property. Regarding access and cul-de-sac length, I guess that really was not sufficient to service this subdivision. There was consideration that -- I guess through discussions with the planning commission. I was not at the planning commission, but that's my understanding, that secondary access off of the cul-de-sac would provide what is needed to service the development of the property here. With that, as we have dealt with the Mitchells, there's an agreement to run that road extension from the cul-de-sac along their property line. The intent of that was to keep that away from the improvements that are already on the Mitchell lot, including the house, the driveway and a well, and run that right along the property Geiger & Loria Reporting Service - 800-222-4577 14 10 1 2 3 4 line there. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 • 25 THE CHAIRMAN: Inside or outside the property line? A It would be entirely on the Mitchell property. THE CHAIRMAN: Okay. So you contracted with the Mitchells to acquire that right-of-way? A Correct. At that point -- in dealing with the lots along the western property line, maintaining the 350 foot depth there, what we did is we show this right-of-way running along the property line, minimum radius as proposed on the center line of the roadway to then establish this 350 foot minimum depth here. And what that does, at that point there's a pinch point along lot number 1, the subject of our request tonight, and that -- the existing lot line that is established here with the adjoiners would essentially remain as we run the road through there, minimum center line road radius and along the established western side of the property. So what that does is it presents this pinch point where we cannot obtain the 350 feet setback as required. THE CHAIRMAN: The southeast corner of that lot, does that butt up against Indian Peg? Geiger & Loria Reporting Service - 800-222-4577 15 A I'm sorry? THE CHAIRMAN: The southeast corner of that lot, is that coming up right along to Indian Peg Road? A No, these are adjoining properties along the southern side of the exhibit. THE CHAIRMAN: Are they on the northern or southern side of Indian Peg? A South is down and so these properties would be on the north side here. THE CHAIRMAN: North side, okay. What is that little -- that property that's under -- it almost looks like there's a driveway or something that extends out on -- no, no, see the little properties right there. Yeah, what is that thing? It looks like a driveway -- wherever Richwine is. It extends out onto Richwine. What is that? A I have not been back to that property, but I believe that extends out to -- THE CHAIRMAN: We'll get that from her in a minute, okay. MR. NEIGHTS: Have the other property owners that will be affected by additional traffic going through there been contacted or polled in any way? A Not by our office. MR. NEIGHTS: It would seem to me if I were Geiger & Loria Reporting Service - 800-222-4577 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 9 25 a property owner there buying property on a cul-de-sac and suddenly somebody wanted to come in and make it a through street, I may have some issues with it. There's nothing been -- were letters sent to those people, Mike? MR. PYKOSH: Well, that's really a planning issue, I think. No, we don't -- THE CHAIRMAN: I don't think we consider that. MR. PYKOSH: We don't notify them. THE CHAIRMAN: Let me ask you a question. The present cul-de-sac, who was the developer of that area over there? Was that Mr. Fox also or was that someone else? The existing lots and the existing cul-de-sac, who did that development up there, somebody other than Mr. Fox? A I believe so. THE CHAIRMAN: Well, Mr. Fox is there. Mr. Fox didn't do -- it was somebody else, he did not do that? MR. LINSENBACH: Correct. THE CHAIRMAN: Okay, that's all I need to know. MR. LINSENBACH: Okay. BY MR. LINSENBACH: Q Andrew, could you please describe just the character of the neighborhood on the sides surrounding the Geiger & Loria Reporting Service - 800-222-4577 17 1 2 3 4 5 6 7 s 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 0 25 development. A Sure. The overall area is generally residential and agricultural in nature. As we've just discussed, the lots in this area are all residential, single family residential lots. There are also single family residential lots along the eastern side, over this way, and again there are residential lots along the southern side. The remainder to the west is agricultural use. The railroad runs along the northern line of the property there. Q In your opinion would there be any detriment to the welfare of the public surrounding this development here? A No. If this area is developed as a single family residential development, there will be a lot in this area. There will be single family now with the request. There should be no detriment. THE CHAIRMAN: What about lot 16? That's in the hundred year floodplain, almost the whole thing of it is. A All those issues will be dealt with through the development process. THE CHAIRMAN: Okay. BY MR. LINSENBACH: Q Will this development or the relief -- if Geiger & Loria Reporting Service - 800-222-4577 18 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 0 25 the relief requested was granted will it impair the use of anybody else's property surrounding the development? A It will not. All the properties around there could continue to be developed as proposed and, again, mostly single family in nature. THE CHAIRMAN: Wait a minute, let me ask you a question. Let me go back on what you just said. I think what you just said was all the other properties, including Ms. Richwine's who is sitting back there, and I know what she's going to say -- at least I think I know what she's going to say, is that now because of your actions, which may all be legal and everything, all of a sudden her property, which when she bought it would meet the various criteria, becomes nonconforming which means before she can put a building on that she has to turn around and spend a bunch of money and come in here and ask for the same thing that you're asking for. Not created by her, created by your actions. I think that's what she's going to say. Is that a true -- pretty fair? MS. RICHWINE: Yes, sir, that's part of -- THE CHAIRMAN: So I think your answer is yes it would affect her property in some manner. A In regards to that I'll apologize. I didn't see the memo from Mr. Rogalski dated today, and if I could just have one second to look to see what it says. Geiger & Loria Reporting Service - 800-222-4577 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 25 And I'm trying to understand what he is saying in comment number 4, in that he essentially says the extension of Greenfield Drive will change the configuration of the setbacks on the Richwine property. While the setbacks may change on that property, there's still sufficient area and setback provided for the construction of a single family unit on that property. He goes on to say that the existing lot nonconforming with respect to the -- I'm sorry, and make the existing lot nonconforming with respect to minimum lot depth. Our actions do not change the lot depth of that existing parcel in any way. THE CHAIRMAN: No, except what it does is it changes the configuration because now it puts a street in front of it over to the left-hand side which by definition is where you -- you measure the lot depth at the shortest distance. Her shortest distance as we speak is on the right-hand side and nothing that she's doing would change that. So your action is unilaterally taking her lot from being conforming and making it non -- assuming we give you this relief, it makes her lot nonconforming. Now, the very least she has to do, I think, but maybe it isn't, is that you've just tossed her $500 and a bunch of effort to come in and apply for a relief Geiger & Loria Reporting Service - 800-222-4577 20 from us at some time in the future when she wants to put her building up on there. A And I don't know that that would be the case because as the property lines are established, granted, as it's stated in the first part of that, the setbacks would change and agreeably the lot dimension here as discussed would be a nonconforming. THE CHAIRMAN: Right. A The house could still be constructed within the setbacks. THE CHAIRMAN: But not -- well, no, because it's now a nonconforming lot. She's still going to have to come in in order to develop that and get relief from us because you can't develop a nonconforming lot. MR. LINSENBACH: I think I'd like to try to answer that if I could. THE CHAIRMAN: Wait a minute. Am I correct? MR. MILLETICS: Yes. THE CHAIRMAN: Thank you. Go ahead now and answer it, please. MR. LINSENBACH: If we were going to create this lot or if this ran through, then, yes, that would -- we'd have to come in -- or she would have to come in for that, but because this lot already exists, that 350 does Geiger & Loria Reporting Service - 800-222-4577 21 not reference the building permit issue. I don't believe that she has to -- THE CHAIRMAN: Wait a minute, I'll ask Mr. Milletics. If we grant this relief to Mr. Fox, et al., after they put that in, does Ms. Richwine have any problem whatsoever in putting a house on that lot or does she have to come in and get some kind of relief in order to do that? MR. MILLETICS: Well, based on the application, they're applying for relief on lot 1 only. THE CHAIRMAN: No, no, no, no, I'm asking what about Ms. Richwine. MR. MILLETICS: And therefore it excludes Iher lot. THE CHAIRMAN: I understand what you're saying. MR. MILLETICS: So she would have to come back in because it's not part of this hearing. THE CHAIRMAN: Okay. So you're telling me that if we grant this to them -- MR. MILLETICS: Yes. THE CHAIRMAN: -- then what happens is Ms. Richwine winds up losing at least $500 in order to develop her lot, at least? MR. MILLETICS: The way it stands right Geiger & Loria Reporting Service - 800-222-4577 22 1 2 3 4 5 6 7 8 9 10 11 12 i 13 14 15 16 17 18 19 20 21 22 23 24 9 25 now, based on this application, yes. THE CHAIRMAN: Okay. MR. LINSENBACH: I believe that's incorrect. That would be correct if this was -- if we were going to create a new lot and this lot line would be less than 350 feet. This lot already exists. She can apply for that building permit without coming in and asking for a variance on that building permit. This lot exists already. MR. MILLETICS: If I may, what you're changing right now is that property line of the 304 feet which is not currently road frontage. MR. LINSENBACH: Right. MR. MILLETICS: Once that becomes road frontage, it's subject to the lot depth as presently stated there. So you're looking at creating her with a different type of lot now. It's no longer a dead-end in a cul-de-sac. You've recreated and configured her lot to where she now has a left side that no longer conforms to the zoning code ordinance. MR. LINSENBACH: And that's correct in the subdivision when you're creating the lots. However, for the building permit issue alone, yes, it does change her setbacks, I will totally agree with you there, but she should not have to have a variance request in order for Geiger & Loria Reporting Service - 800-222-4577 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 her to obtain a building permit to construct a single family dwelling on that lot. THE CHAIRMAN: This is the office that gives the building permits so I -- you know, I'm not saying anything, but they're the ones I'm going to have to listen to. So I need to feel a comfort level going forward that Ms. Richwine is not going to be put in a position that sometime in the future she's going to have to take money out of her pocket because of the actions you guys are taking. MR. LINSENBACH: Right, I understand. THE CHAIRMAN: That's the bottom line as far as what I'm looking at right there. So continue with what you're doing and -- MR. LINSENBACH: Just through our discussion with Mr. Rogalski earlier, he -- when we discussed that issue there was never any -- never any discussion that she'd have to come in for that. The only discussion was on the setback issue, you know, for her to apply for a building permit on an existing lot. She wouldn't -- it wouldn't affect her in any way. THE CHAIRMAN: Let them talk for a minute here. (Pause.) MR. MILLETICS: If I may, what we discussed Geiger & Loria Reporting Service - 800-222-4577 24 1 2 3 4 5 6 7 8 9 10 11 12 9 13 14 15 16 17 18 19 20 21 22 23 24 0 25 there briefly, the building -- putting a house on the lot, as far as meeting the requirements of setbacks, I don't think will be an issue. The problem lies in the fact of creating a nonconforming lot and under the zoning ordinance you can't add to a nonconformity without the zoning hearing board approval so -- and in that case there she would need to come in to get that approval to add to the nonconformity. THE CHAIRMAN: So I think what you're telling me, Dave, and when I look at this that -- that's what I thought was my interpretation. If we grant this relief to Mr. Fox, et al., one of the secondary results is that Ms. Richwine -- is that Mr. Richwine there too? MR. RICHWINE: Yes, sir. THE CHAIRMAN: Okay, Mr. and Mrs. Richwine. Excuse me, I didn't know that. Mr. and Mrs. Richwine, the property that they own right now, which they could come in and apply for a building permit and the only thing that they would have to do is pay the regular fees for the building permit and the normal building permit processes to go through there, changes. And after this is granted and they build that piece of road right there, we add another step to their process in that they have to come in and get relief from the zoning hearing board to develop that Geiger & Loria Reporting Service - 800-222-4577 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 25 nonconforming lot as a single family -- I think it's 201.5, but I stand corrected on that section in there where it says that it has to be a 350 foot lot, and that would be -- the minimum would be 500 and that would just by the application, plus whatever other things that they would have to do. So at least a $500 additional cost plus additional activities for them. Am I stating that correctly? MR. MILLETICS: Yes. THE CHAIRMAN: Thank you. Okay, continue. MR. LINSENBACH: Well, I guess if that was the case, then we would definitely be willing to take care of any expenses she would have in that regard. THE CHAIRMAN: That's the right answer. (Good answer. MR. LINSENBACH: So that being the case, we would definitely do that. Moving along here, I'm going to ask Andrew one last question. BY MR. LINSENBACH: Q What would be the consequences if we couldn't put that road in here to the development as a whole? A Essentially if you couldn't put that road in there, the property would become undevelopable more or less as access, as stated, was limited to a 50 foot access Geiger & Loria Reporting Service - 800-222-4577 26 from Miller. There would be no additional access and there would be issues with things such as cul-de-sac (length and access to the rest of the property. THE CHAIRMAN: Okay. Gary, do you have any lquestions? MR. NEIGHTS: No. THE CHAIRMAN: I think I've asked as many questions as I've got for right now. MR. LINSENBACH: That's all I have right now. THE CHAIRMAN: Thank you. Dave, do you have anything to add from your side? Since we've read Greg's memorandum in, is there anything else that we need to -- MR. MILLETICS: No, sir. THE CHAIRMAN: Okay. Ms. Richwine, do you still want to speak? MS. RICHWINE: Yes, I have a couple of comments. Do I need to come up there? THE CHAIRMAN: Please. MS. RICHWINE: First of all, thank you for covering the first topic. That was one of my major concerns regarding the nonconformity. In addition to that, when my husband and I purchased the lot in 1998, we did purchase it under the Geiger & Loria Reporting Service - 800-222-4577 27 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 25 guidance that it met the minimum lot requirement, which was 350 foot, and it was a very desirable property because it was at the end of a cul-de-sac as you can see by the plan. That being the case, this newest plan does have some concerns other than the variance, which we just discussed, and that would be the amount of traffic going by the road in that area. I believe the plan does show some additional openings to some farm lot behind the current development that's on the plan. So with that there may be some future houses, but that's probably another meeting at another day. So I have some basic concerns about the amount of traffic coming that close to my property which is a 304 foot property line at this point, the way it's drawn now. In addition to that, we have a concern regarding our septic system, which the lot does perc up in that corner area where our lot would be adjacent to lot number 1, I believe it is, that has the 304 foot minimum property distance. I don't know if there is any concerns with that -- THE CHAIRMAN: Is that within the setbacks and all the -- MS. RICHWINE: Yes, I think it is. So Geiger & Loria Reporting Service - 800-222-4577 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there probably wouldn't -- I'm not sure -- THE CHAIRMAN: Well, that shouldn't be a problem. MR. MILLETICS: No, as far as the percing of any septic systems or whatever, they would be based on your setbacks and you would have had a property setback on that area to begin with. MS. RICHWINE: Okay. MR. MILLETICS: The only thing it would change in respect to that would be -- I'm sure there's a different setback for the street area versus being -- had it been a side property. MS. RICHWINE: That was my question. MR. MILLETICS: So there may be a change in setback there which may affect the proximity of -- THE CHAIRMAN: I think that can be handled. MS. RICHWINE: Okay. And then I guess lastly, in regards to looking at the plan, I don't know if there would be any advantage to moving the road 40 foot so that the lots did meet their minimum requirement between lot 17 and lot -- or excuse me, lot 1, which is the lot in question, and my lot. That might make that road go toward the other property a little bit further which would make that distance meet the minimum requirement of 350, if it could be worked out, just a consideration. Geiger & Loria Reporting Service - 800-222-4577 29 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 0 25 THE CHAIRMAN: I think the problem is they already have an existing house there with existing septic and water in there. And if you put the road over there, you'd run right through the septic and the water and that creates a whole different situation. MS. RICHWINE: Well, that being the case then, I guess the only thing that I would like to be clear on is the septic system that we could put in in that area in regards to the road. THE CHAIRMAN: Let's see if we can handle I that. MS. RICHWINE: Okay. The other concern I have is the cul-de-sac shape in general. With the plan as drawn, the front of -- the front border of our property is a half circle, the way it's -- a cul-de-sac cut out now. If this road were to go through, it would -- I'm assuming that that would be level to be one smooth angle versus a half circle and then a road. THE CHAIRMAN: Let me ask a question, since you gentlemen, I'm assuming, have been at the planning commission? MR. LINSENBACH: Yes. THE CHAIRMAN: Would that cul-de-sac circle be straightened out there? Is there anything in their situation about that or are the plans to leave the Geiger & Loria Reporting Service - 800-222-4577 30 cul-de-sac circle there and then just run the road off of it? MR. LINSENBACH: No, the plan was to go -- straighten out the cul-de-sac curves and make it -- THE CHAIRMAN: So it would become one -- just a straight road through there? MR. LINSENBACH: Correct. THE CHAIRMAN: And the front of the Richwine property would become straighter? MR. LINSENBACH: Right. We would have to (repair that. THE CHAIRMAN: Does that answer your l question? MS. RICHWINE: In regards to the front of the property, yes, sir. The last thing, we have a row of trees, pine trees that we've invested in along that border of the property where the road would be going. I'm assuming that all the setbacks of the road would be far enough that the trees would not be damaged or moved or hurt in any regard. I do have some concern about snow removal going up that road and plowing snow back into our trees, which were -- there weren't currently any trees along the border of Greenfield Drive and then they would be if the road went up that angle of the lot. Geiger & Loria Reporting Service - 800-222-4577 31 THE CHAIRMAN: Anything else? MS. RICHWINE: I think that's everything. THE CHAIRMAN: Okay. MR. PYKOSH: What I'd just mention is that some of those issues are issues that the planning commission -- MS. RICHWINE: Sure. MR. PYKOSH: -- would handle, like the layout and those things like that. MS. RICHWINE: Separate. THE CHAIRMAN: And that's what I just wanted to ask you. MR. PYKOSH: You'll want to go and address Ithose items. MS. RICHWINE: I understand. I guess for the meeting here and the purpose of this meeting the biggest concern is just the overall shortness of that side of the lot as caused by the plan. THE CHAIRMAN: Okay. MS. RICHWINE: Thank you. THE CHAIRMAN: Any cross-examination, rebuttal, anything additional before we go forward? (No response.) THE CHAIRMAN: Then we'll close the testimony. And, Gary, do you have any questions? Geiger & Loria Reporting Service - 800-222-4577 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 • 25 MR. NEIGHTS: I think I asked them all. THE CHAIRMAN: Okay. Let me summarize what I think I want -- I'd like to do here, I think. Overall I think the plan and the development is probably as good as you can get on that piece of property. As an aside, I know we've seen some previous ones that came in and this is the third iteration, I think, or something like that. So this one makes a whole lot of sense. I think I don't have a problem with approving this whole -- or the request made by Breeches Crossing with one caveat and that is -- and I think you guys have answered the question for me. And that is if we permit this and give you the relief of this, this does put some strain on the Richwine's property. As far as the road, and those -- those have to be done by the planning commission, that's not ours, but I believe that you've offered that if we grant this relief you're willing to agree that if the Richwines need to come in and have some relief from the zoning hearing board in order to develop their land as a single residential property, that your client would underwrite the cost of that activity that they would have to do, is that a -- would that be a correct statement? MR. LINSENBACH: Well, yes. We -- you Geiger & Loria Reporting Service - 800-222-4577 33 know, we don't want to give them carte blanche over the checkbook, but we certainly would be willing to pay a reasonable fee or -- THE CHAIRMAN: Well, I believe that the only reasonable fee that I see right now would be -- and correct me, Mike, if I'm -- or, Dave, if I'm wrong. That they would need to get relief for the lot setback? MR. MILLETICS: Right, it would be a zoning (hearing fee. THE CHAIRMAN: A zoning here fee which is 500? MR. MILLETICS: Yes. MR. LINSENBACH: Plus she probably needs some representation or some assistance. MR. FOX: Say like up to a thousand. THE CHAIRMAN: Not to exceed a thousand? MR. LINSENBACH: Yes. THE CHAIRMAN: Ms. Richwine, would that be -- if we put a condition on it here and they would have to put together an agreement with you in order to receive this, that they would have to put a binding agreement with you that if -- if you need to come in and get any zoning relief to develop this property, they will underwrite that up to a thousand dollars? MS. RICHWINE: At this point I don't know Geiger & Loria Reporting Service - 800-222-4577 34 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 0 25 if that's going to cover everything I need because I have not gone through that process. THE CHAIRMAN: Well, to put it right now, I know that to come in for a -- for the initial one -- and you'll probably -- if you had to put both the property and the perc in, it's a -- it's a $500 fee. You're really looking at two applications up to a thousand, correct, Dave? MR. MILLETICS: Yes, sir. THE CHAIRMAN: So to be real honest, short of -- if you were going to do something off the wall, I would think you'd be all right. Would that be a satisfactory -- you and Mr. Richwine? MR. RICHWINE: I -- when we bought the lot, it met the minimum requirements. This road is making it not meet the requirements. THE CHAIRMAN: Okay. MR. RICHWINE: If they want to move the road closer to the Mitchell's house, that's fine with me. I don't care if they would have to dig up the septic system or not. I mean, he's the one that wants the road running through his house, through his property. You know, what -- to me that shouldn't make any difference. THE CHAIRMAN: But what we're saying is if we do this -- what's happening is really this is making Geiger & Loria Reporting Service - 800-222-4577 35 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 0 25 you whole, in that if you need to get any zoning hearing relief to develop the property, Breeches Crossing is willing to subsidize that relief up to a thousand dollars and therefore you would not have any -- you'd have to do an extra step to do this, but they would subsidize that step so that there would be no out-of-pocket expenses for you and your wife on this -- on that exercise. MR. RICHWINE: Well, I would hope there wouldn't be. I mean, if there would be, we'd have to take some other kind of action. THE CHAIRMAN: Does that pretty much satisfy your major concerns? MS. RICHWINE: Other than the inconvenience, yes, and taking the time out for -- THE CHAIRMAN: Well, I understand the inconvenience, but let me say something. For somebody who lives on the back end of a cul-de-sac, there's always the possibility that it can continue, unless, you know, you're on the end of a cliff or something like that. I know, it's just one of those things that -- it has been the history of Monroe Township when they develop these and put cul-de-sacs in to anticipate that sometime in the future there will be development on the other side of that and leave some options to run it out and continue it on into wherever they're going, and these people have gotten Geiger & Loria Reporting Service - 800-222-4577 36 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 0 25 involved in that. So the thing is -- what I'm looking at is to see if we can for all practical purposes make you whole in this. You don't lose any property. It's the same size lot. The difficulty that you would have would be taken care of. You would come in, they would underwrite your application and then you'd be able to go forward and develop your lot as a single -- as a residence. MR. NEIGHTS: Except for one thing, it has the potential of creating a less desirable lot. THE CHAIRMAN: I understand that and I agree. I can say that's true but -- MR. RICHWINE: High potential. THE CHAIRMAN: I can say that's true, but the potential -- not the potential, but that is some of the things that we have to weigh one way or the other. And like I said, I understand what you're saying. I live on the back end of a cul-de-sac and that's always something -- unless there's nothing behind that cul-de-sac, there's always the possibility that somebody can come in and within the confines of the regulations extend that out and continue back behind there. It's just one of those things. I understand what you're saying. MR. RICHWINE: But I don't understand why you even have meetings to make sure people conform to Geiger & Loria Reporting Service - 800-222-4577 37 1 2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 23 24 0 25 certain lot depths when you're going to let somebody come in and cut your lot depth, make your property out of code by doing something like this. I mean, you know, everybody else's lot is supposed to have a certain lot depth and now they come in and put this road in and now ours doesn't conform. THE CHAIRMAN: I will be very honest with you, and maybe I can't say this -- MR. RICHWINE: Why have meetings if -- THE CHAIRMAN: Let me finish, let me finish. If I had the authority at this point, which I don't, to grant you conformity on that lot, we would make -- I would propose that as part of this thing so you automatically have a conforming lot from this point forward. I don't have that authority to do that. That authority would happen at some time in the future if you came in and requested it. I can't do that right now. So that was my first thought, but this is as close as we can get to that. In fact, I think it's pretty much the same thing, in that Breeches Crossing, Mr. Fox, have taken the position that they will underwrite the cost of you getting that decision from the zoning hearing board if and when you need it. Geiger & Loria Reporting Service - 800-222-4577 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a 25 MS. RICHWINE: Do we know that every effort and analysis has been made to move the road 30 feet, 40 feet the other direction and how close it would come to the Mitchell's -- I don't know if it's the septic -- I -- THE CHAIRMAN: Well, is that circle the utilities on that -- is that Mitchell's with the house on it? MS. RICHWINE: Yes, that's Mitchell's with the house on it and I would -- THE CHAIRMAN: That circle on there, is that the utilities, just below the house? MR. LINSENBACH: It's the well. THE CHAIRMAN: That's the well. MR. LINSENBACH: The radius is also a problem. We have to put it in a certain area because of the radius requirement. THE CHAIRMAN: Is there anything else for you? (No response.) THE CHAIRMAN: Okay, then I'll make a motion. I move that the applicant has met all of their requirements and I'm going to add one condition, and that is for this to get the relief that they are seeking that they will generate a document that satisfies the Richwines that will guarantee them to underwrite up to a thousand Geiger & Loria Reporting Service - 800-2224577 39 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 25 dollars the cost of any relief to the zoning hearing board in order to develop their existing lot as a single family residence. I think that takes care of it. Regarding the lot depth or with the sewer situation, the perc situation -- and I don't know about that, but I'm just saying if asked to -come in to anyone up to a thousand dollars, it would go up to a thousand dollars, because I don't know enough about the perc situation to make that. MR. NEIGHTS: Has the property been perced? MS. RICHWINE: When we purchased the property, it was perced and it perced in two locations which were right up in the corner where the -- where it meets lot 1 up by the road. THE CHAIRMAN: So it may be that they need to -- that could all be wrapped into the one application. I'll put that motion on the table. You don't want to vote? MR. NEIGHTS: (Shook his head negatively.) THE CHAIRMAN: What do you want to change or what do you want to propose? MR. NEIGHTS: I think the Richwines need more protection relative to lowering the desirability of the lot. It don't guarantee it's going to perc. Everything that's being done is for Breeches Crossing and Geiger & Loria Reporting Service - 800-222-4577 40 is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 25 to their benefit at the detriment of the current landowner that has a conforming lot. So we're saying that for the benefit of Breeches Crossing, so they can put an extra lot on there, we're going to approve somebody else's lot being made, number one, nonconforming; and, number two, less desirable. MR. PYKOSH: But, Gary, just as a point of direction, I think what we're here today to do is make a decision as to whether or not the requirements of a variance have been met. And I think as far as the relationship to this other -- to the property is probably -- you know, maybe it could be dealt with in the planning stage and maybe they would have a contingency with regard to -- I mean, I don't know that you could -- you know, we're here just to interpret the zoning hearing ordinance as far as, you know, does it comply with the requirements of a variance, okay, as opposed to the overall planning of that development. MR. NEIGHTS: Well, in this case with the caveat that Rich put in about the thousand dollars, would that in any way restrict the Richwines in the future as far as any seeking of redress? MR. PYKOSH: I don't know. THE CHAIRMAN: What do you mean by that? Geiger & Loria Reporting Service - 800-222-4577 41 1 2 3 4 5 6 7 e 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 0 25 Could they sue Fox for something -- MR. NEIGHTS: Could they sue Fox or -- MR. PYKOSH: But that's not our issue. Our issue is whether or not they met the requirements of a variance for this one particular lot or not. And whether either party wants to appeal, they could appeal this decision. If they want to -- you know, whatever they want to do they could do, but it's -- I don't think that we could telescope and look into the future as far as, you know, what's going to happen. We don't know what type of relief is going to be asked for, you know, for that other lot. THE CHAIRMAN: I think that my motion takes into account the fact that I believe that Breeches Crossing has met their requirements with the one exception is that they could cause some significant out-of-pocket expenses for the Richwines and that I believe by adding that condition to the relief that that, as much as practical, makes the Richwine's whole. MR. NEIGHTS: Yeah, I'll second that. THE CHAIRMAN: Okay, moved and seconded. All in favor? MR. NEIGHTS: Aye. THE CHAIRMAN: Aye. Mr. Pykosh, would you tell them what's going to happen next. Geiger & Loria Reporting Service - 800-222-4577 42 MR. PYKOSH: Yes, there will be a written decision issued within 45 days of today's hearing which all parties will get notified of, and that's it. THE CHAIRMAN: Okay. MR. LINSENBACH: Can I ask one quick question? When I draft that document up, will that be approved by you or will it be approved by the township solicitor? THE CHAIRMAN: The -- MR. LINSENBACH: For the Richwines for us to guarantee them that -- the funds for their -- MR. PYKOSH: By the township solicitor. We'll just issue the decision and then that will be -- we're done. MR. LINSENBACH: All right. THE CHAIRMAN: Okay. MR. LINSENBACH: Thank you. THE CHAIRMAN: Thank you very much. Have a good evening. Okay, I'm going to -- unless there's anything else, I'm going to close the Breeches Crossing variance hearing. (No response.) THE CHAIRMAN: Okay. (The hearing was concluded at 7:58 p.m.) Geiger & Loria Reporting Service - 800-222-4577 I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within proceedings and that this copy is a correct transcript of the same. -F-x' ?? l-<,- &Q-at- Teresa K. Bear, Reporter • • GEIGER & LORIA REPORTING SERVICE, 2408 PARK DR., SUITE B, HBG., PA 17110 717-541-1508 OR 1-800.222.4577 EXHIBIT 6 199 WRITTEN DECISION IN RE: APPLICATION OF HARRY H. FOX, JR. : ZONING HEARING BOARD OF : MONROE TOWNSHIP, : CUMBERLAND COUNTY, PENNSYLVANIA WRITTEN DECISION EXHIBITS B-1 Letter dated July 21, 2006 to Monroe Township Zoning Hearing Board from William Swanick, P.E. B-2 Application dated July 24, 2006 of Harry H. Fox, Jr. (3 pages) B-3 List of Adjoining Property Owners. B-4 Plan dated June 1, 2006 B-5 Certificate of Service of Public Notice and Written Notice. B=6 Attendance Sheet. (1 page) T-1 Memorandum dated September 11, 2006 from Gregory R. Rogalski, P.E., to the Monroe Township Zoning Hearing Board. (1 page) FINDINGS OF FACT 1. Applicant, Harry H. Fox, Jr., is the owner of the property located at 1167 York Road, Mechanicsburg, PA 17055, Monroe Township, Cumberland County, Pennsylvania. (hereinafter the "property"). 2. Applicant requested relief in the form of a Variance from Article VI Section 604 Subsection 604.4 Page 157 of the Monroe Township Zoning Ordinance of September 17, 1998, amended June 13, 2002 (hereinafter the "ordinance"). 3. Applicant's request is to allow for a reduction of the minimum required lot depth with respect to Lot No.I of a Twenty-Three (23) Lot Subdivision. 4. The property is located in the Agricultural zoning district of Monroe Township, Cumberland County. 5. Public Notice of the hearing in this matter was published in the Carlisle Sentinel, a newspaper of general circulation in Monroe Township on August 24, 2006 and August 31, 2006. 6. The Written Notice of the hearing was forwarded to the following individuals and entities on August 21, 2006; Marjorie Metzgar, Secretary, Monroe Township; The Monroe Township Planning Commission; Kevin R. Miller, Supervisor; A.W. Castle, III, Supervisor; and Samuel Simmons, Supervisor; Greg Rogalski, Monroe Township Zoning Officer; James Bogar, Esquire, Solicitor Monroe Township; Harry H. Fox, Jr., Applicant; William Swanick, P.E., the Cumberland County Planning Commission; and the following Adjoining Property Owners: Mark Lineaweaver, Ricard C. Yost, Kevin Field, Scott G. Miller, Leroy L. Hippensteel, Navin K. Patel, Doris M. Mitchell, Jon B. Richwine, I-Ming Wang, James R. Weinrich, Daniel C. Leandri, Kevin W. Johns, David M. Andrews, Timothy W. Hoover, Linwood A. Hoover, Ernest G. Hoffman, Eric C. Bush, Leonard R. Malloy, Todd M. Porr, Dorn Collanbine, Timothy S. Thompson, Ronald G. Enck, Gary W. Davidson, Michael L. Garrett, Bruce Dunlavy and Walter L. Berkheimer. 7. The property in question was posted on August 29, 2006, and the Municipal Building was posted on August 29, 2006. 8. No objections as to the method and timing of Notice and advertising were raised. 9. No objections as to any of the board's exhibits were raised. 10. On September 11, 2006 at approximately 7:00 p.m., a hearing was conducted on the matter. CONCLUSIONS OF LAW 1. The Monroe Township Zoning Hearing Board has jurisdiction to hear the above- captioned appeal and application pursuant to 53 P.S. Section 10909.1(a) (5). (The Municipalities Planning Code) 2. Proper Notice of the hearing was given to the public and to all interested parties. 3. Applicant met its burden in establishing the requirements of a variance in accordance with the attached discussion and decision. DISCUSSION Applicant submitted an application for a variance with the Zoning Hearing Board on July 21, 2006. The Applicant requested relief in the form of a variance for one lot of a twenty-three (23) lot subdivision. The Zoning Ordinance requires a minimum lot depth of 350 feet. The lot depth for Lot One (1) is 304 feet. The property in question is located in the Agricultural zone of Monroe Township. In reviewing the above application the zoning hearing board must take into account the criteria for a variance as set forth in Section 604.4 of the Zoning Ordinance. In order to prove a variance, the applicant must show the following: 1. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this Ordinance in the neighborhood or zone in which the property is located; 2. That because of such physical circumstances or conditions, there is not the possibility that the property can be developed in strict conformity with the provisions of this Ordinance and that the authorization of a variance is therefore necessary to enable reasonable use of the property; 3. That such unnecessary hardship has not been created by the appellant; 4. That the variance, if authorized, will not alter the essential character of the zone or neighborhood in which the property is located, not substantially or permanently impair the appropriate use or development of adjacent property, not be detrimental to the public welfare; and That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulations in issue. 6. The evidence indicates that the subdivision was created prior to the enactment of the current ordinance. The Zoning Hearing Board, taking the totality of the circumstances into consideration, Applicant has met the requirements of a variance in that the request represents minimal variance and the Applicant's plan will not change the residential nature of the neighborhood, nor has Applicant created the hardship. Additionally, the Board believes that the Applicant has done all it could do to minimize the degree of variance requested. The Board does agree with Applicant that as written, the Ordinance does not call for a variance for Lot 18 and Lot 23. There was a discussion relative to Applicant's plan's effect upon the property owned by Jon B. Richwine. Although the Zoning Hearing Board does not govern the layout of the roads in a development, Applicant has agreed to pay up to $1,000 in costs for zoning relief relative to zoning relief required by the Richwine parcel as a result of developer's plan. In accordance with the above, the zoning hearing board issues the attached decision: DECISION: And Now, this day of October, 2006, in consideration of Applicant's request and after a public hearing, the Applicant's request for a variance with regard to lot depth with respect to Lot One (1) of a Twenty-Three (23) Lot subdivision is hereby granted in accordance to the plans and the specifications made a part of the record (Exhibit "B-1" and `134"). Applicant must abide by all other federal, state and local rules and regulations. Additionally, the developer is to pay up to $1,000 in costs for zoning relief required by the Richwine parcel for deficiencies which are created by the developer's plan. , Richard Moore, Chai an 1;m0t4i?04 104e ...A W-z eig s, Vice- airman (Written Decision of Findings issued this(/ day of October, 2006) VIN Vill'] s 1 :Z Wd ' - 330 90OZ 1,r 1 ' U L3'a'd -H I 34 f ^ JOHN and KAREN RICHWINE, Appellant VS. ZONING HEARING BOARD OF MONROE TOWNSHIP, Appellee and HARRY H. FOX, JR. Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6620 CIVIL ACTION - LAW NOTICE OF INTERVENTION SCHRACK & L NsENR H LAW OFFICES Please take notice that Harry H. Fox, Jr, the owner of premises located at 1167 York Road, Mechanicsburg, Pennsylvania 17055, in Monroe Township, Cumberland County, the property directly involved in the decision of the Zoning Hearing Board of Monroe Township from which this appeal has been lodged, intervenes in this appeal in support of the decision of the Board. SCHRACK & LINSENBACH Law Offices By; f ©6 BRIAN C. LINSENBACH, ESQUIRE Attorney for Intervenor ID 87360 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019-0310 Telephone No. 717-432-9733 Fax No. 717-432-1053 .-1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the following individuals on the date and in the manner as indicated below: Service by 1' Class Mail: Monroe Township Zoning Hearing Board 1220 Boiling Springs Road Mechanicsburg, PA 17055 Michael J. Pykosh, Esquire Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Monroe Township Board of Supervisors 1220 Boiling Springs Road Mechanicsburg, PA 17055 Solicitor to Monroe Township Zoning Hearing Board Susan J. Smith, Esquire Reager & Adler,PC 2331 Market Street Camp Hill, PA 17011 Counsel to John and Karen Richwine Dated: / vz 5 Z U $ Brian C. Linsenbach, Esquire SC CK & UNSENBACH LAW OFFICES N :ILI REAGER & ADLER, PC BY: SUSAN J. SMITH, ESQUIRE Attorney I.D. No. 62531 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: SSmith@ReagerAdlerPC.com JOHN AND KAREN RICHWINE, Appellants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA V. ZONING HEARING BOARD OF MONROE TOWNSHIP, Appellee No. 06-6620 Civil Term : LAND USE APPEAL PRAECIPE TO LIST FOR ARGUMENT COURT AND NOW, come John and Karen Richwine, by and through their attorneys, REAGER & ADLER, PC, and file this Motion requesting this Court to issue an order: (i) directing briefs to be filed; and (ii) listing this matter for argument. Submitted, ADVER. P.C. Date: July 11, 2007 ,Susan J.?Smith, Esquire Pa. I.D. No. 62531 2331 Market Street Camp Hill, PA 17011 T: (717) 763-1383 F: (717) 730-7366 Attorneys for Appellants, John and Karen Richwine CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the following individuals on the date and in the manner as indicated below: Service by 1st-Class Mail: Michael J. Pykosh, Esquire Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Solicitor to Monroe Township Zoning Hearing Board Brian C. Linsenbach, Esquire Schrack & Linsenbach 124 West Harrisburg Street Dillsburg, PA 17019-1244 Counsel to Harry H. Fox, Jr. DATED: July 11, 2007 ? ?_ '. , ::.? c _... r-? ` ?n ' ?. _ ? ? ; .? _ t. + Y -,.? i r?; -, ?- .. `?? '}G REAGER & ADLER, PC BY: SUSAN J. SMITH, ESQUIRE Attorney I.D. No. 62531 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: SSmithQa Reag_erAdlerPC.com JOHN AND KAREN RICHWINE, Appellants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. ZONING HEARING BOARD OF MONROE TOWNSHIP, Appellee No. 06-6620 Civil Term : LAND USE APPEAL MOTION FOR JUDICIAL NOTICE OF PUBLIC DOCUMENT IN THE FORM OF A RECORDED FINAL SUBDIVISION PLAN AND NOW, come John and Karen Richwine, by and through their attorneys, REAGER & ADLER, PC, and file this Motion for the Court to take judicial notice of public document in the form of a recorded final subdivision plan in the above-captioned matter. In support thereof, Richwines aver: 1. Appellants in the above-captioned Land Use Appeal, John and Karen Richwine ("Richwines"), are the owners of a parcel of land located on Greenfield Drive in Monroe Township, Cumberland County, Pennsylvania. The Richwine Property is Lot No. 8 on the Final Subdivision Plan for Greenfield. 2. Greenfield, particularly Lot Nos. 7 and 8 (the Richwine Property), abut the property proposed to be developed with access extending Greenfield Drive in Greenfield ("Proposed Breeches Crossing"). A variance for Proposed Breeches Crossing is the subject of this docketed Land Use Appeal. 2. The Final Subdivision Plan for Greenfield was reviewed and approved by Monroe Township and, thereafter, recorded in the Recorder of Deeds of Cumberland County on November 13, 1998 at Vol. 77 Page 136. As a public document, the Final Subdivision Plan is an appropriate subject of judicial notice. 3. Attached to this Motion for the Court's reference are the title page and Final Subdivision Plan (Sheets 1 and 2 of 4) of the Final Subdivision Plan for Greenfield. WHEREFORE, Appellants John and Karen Richwine respectfully request this Court to judicially notice the approved and recorded Final Subdivision Plan for Greenfield. Respectfully Submitted, READER &AVLER, P.C. Date: August 3, 2007 Fa san J. S rth, Esquire I.DYill, 0.62531 2331 Street Camp PA 17011 T: (717) 763-1383 F: (717) 730-7366 Attorneys for Appellants, John and Karen Richwine CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the following individuals on the date and in the manner as indicated below: Service by 1st-Class Mail: Michael J. Pykosh, Esquire Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Solicitor to Monroe Township Zoning Hearing Board Brian C. Linsenbach, Esquire Schrack & Linsenbach 124 West Harrisburg Street Dillsburg, PA 17019-1244 Counsel to Harry H. Fox, Jr. DATED: August 3, 2007 Q z d ? r.: r Z Z Q J 0 ? 0 it 0 z ? J W MONO CD z ?Q ? UL. U J } 0 0 dN u. ... T z I a A vs F? ;?- s 0) Z > LU z U, balm 0 vow pbS r?', 1 b3J}3 '. o ?t Q a? 09r4 i ltpY t tg bJ".K i a a b> 13??4 ut s g' ` F a 4 u r O } PM1} i? i 4 I s s? I 6 r r Y V by r . 13 a ?I7 i3? '?-Hj B i! ?i!]t' +it'1_ N I!{ig C r 411 4 t .L C • R 0 a t ? 9 R ?CO dip ?a r» r `?yZ err ? 1 R `? a •'? it i loll .tMJ ? I , E i? ?ra0r_ L _ Mi?APOp M ; f ?'V?? ( ter. Boa ?"?'s ??? ' ` - _ - _ r` j? ? it /, ?? ' ? , . ,1 ?? i'' ,,,? o. ?, loll It1 ?, ?? I \ ?r?J - i ) rte' 7J 1 1 ' d ? ? 81 -l?r.gF?lt)?It?7,N - a { ?y 41 y .k . 7 / • ,ors I is pa R@ 4 ti 8 s S1. loll RE Ibb • b 2?1? ?bb?? ? b c i?Pic r i M A j d ? + CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the following individuals on the date and in the manner as indicated below: Service by 1St-Class Mail: Michael J. Pykosh, Esquire Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 Solicitor to Monroe Township Zoning Hearing Board Brian C. Linsenbach, Esquire Schrack & Linsenbach 124 West Harrisburg Street Dillsburg, PA 17019-1244 Counsel to Harry H. Fox, Jr. DATED: August 6, 2007 SCHRACK & LINSENSaCH LAW OFFICES BRIAN C. LINSENBACH, ESQUIRE SCHRACK & LINSENBACH LAW OFFICE P. O. Box 310 124 West Harrisburg Street Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 JOHN and KAREN RICHWINE, Appellants VS. ZONING HEARING BOARD OF MONROE TOWNSHIP, Appellee and HARRY. H. FOX, JR., Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-6620 Civil Term LAND USE APPEAL STIPULATION AND NOW, this day of August, 2007, it is hereby agreed by and between the parties through their respective attorneys as follows: 1. An application for variance was filed by Harry H. Fox, Jr. dated July 24, 2006 in the matter of property located at 1167 York Road, Mechanicsburg, Pennsylvania 17055; application number 06-01 OZHB. 2. The Zoning Hearing Board of Monroe Township granted a variance and issued a written decision on October 16, 2006 upon application by Harry H. Fox, Jr. 3. The Appellants timely filed a Land Use Appeal on the Board's decision, having the above caption. P 4. Harry H. Fox, Jr., Intervenor, has now revised his subdivision plan for which the application for variance was originally submitted and therefore a variance is no longer necessary; a copy of the letter submitted to Monroe Township Zoning Hearing Board is attached to this Stipulation. 5. Harry H. Fox, Jr., Intervenor, hereby waives his rights to the decision of the Monroe Township Zoning Hearing Board which granted the variance. 6. All parties hereby agree that the basis for the appeal is now moot and request that the matter be discontinued. ?? BRIAN C. LINS'ENBACH, ESQUIRE Attorney for Harry H. Fox, Jr., Intervenor Schrack & Linsenbach Law Office P. O. Box 310 124 West Harrisburg Street Dillsbur , Pennsylvania 17019 Telep o e: (7 ) 432-9733 Fax: ) 432-1053 Sc ?cxI& iSElAC LAW OFFICES SAN SMITH, ESQUIRE Attorn for Appellants Reage & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Telephone: 717-76 -1383 Fax: 717- -7366 1;0// CHAE KOSH, ESQUIRE Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 prove J. Dated: 0//4 6 7 -IV Z. y .-+ h LUZ 74 I- SCHRACK & LINSENBACH LAW OFFICES 124 W. HARRISBURG ST. P.O. BOX 310 DILLSBURG, PA 17019-0310 PHONE (717) 432-9733 FAX (717) 432-1053 Via Facsimile (258-9311) - regular mail to follow August 8, 2007 Monroe Township Zoning Hearing Board 1220 Boiling Springs Road Mechanicsburg, PA 17055 Re: Variance Application Harry H. Fox, Jr. Breeches Crossing Monroe Township Zoning Hearing Board: Attorneys WM. D. SCHRACK III BRIAN C. LINSENBACH Be advised that my client, Harry H. Fox, Jr., hereby withdraws his application for variance dated July 24, 2006 in the matter of property located at 1167 York Road, Mechanicsburg, PA 17055. The application number is 06-1OZHB. Thank you for your attention to this matter. Very truly yours, y Brian C. Linsenbach, Esquire SCHRACK & LINSENBACH BCL/cs CC via fax: Monroe Township Planning Commission James Bogar, Esquire-Solicitor for & Monroe Township Michael J. Pykosh, Esquire, Solicitor for Monroe Township Zoning Hearing Board Susan J. Smith, Esquire Harry H. Fox, Jr.