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06-6887
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Appellant Civil Division NO. CI-~. - (..~~ 7 ~~ ~~ ~ v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Respondent Land Use Appeal NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Land Use Appeal and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE 32 S. Bedford St. Carlisle, Pennsylvania 17013 (717) 249-3166 KNOX McLAUGHLIN GORNALL SENNETT, P.C. ,/ BY: ~~ l/ ~ Neal R. Dev n, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Appellant Civil Division NO. CI- (mil - ~ k'~7 v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Land Use Appeal Respondent LAND USE APPEAL NOTICE ~,~.~~~ AND NOW, comes Shippensburg Townhouses II, LLC, by and through its counsel, Knox McLaughlin Gornall & Sennett, P.C., and files the following Land Use Appeal Notice Pursuant to §§ 1301-1303 of the Shippensburg Township Zoning Ordinance: Appellant, Shippensburg Townhouses II, LLC ("Shippensburg Townhouses"), is a duly registered Pennsylvania limited liability corporation with a principal business address of 2601 West 26th Street, Erie Pennsylvania 16506. 2. Respondent Shippensburg Township ("Shippensburg") has a business office mailing address at 81 Walnut Bottom Road, Shippensburg, PA 17257. 3. Respondent The Shippensburg Township Board of Supervisors (the "Supervisors") is the duly authorized governing body of Shippensburg with a business office mailing address at 81 Walnut Bottom Road, Shippensburg, PA 17257. 4. Shippensburg Townhouses is the legal and equitable owner of a tract of land containing approximately 36 acres, more or less, in Shippensburg, commonly known as Bard Townhouses, with an address of 100 Bard Drive, Shippensburg, PA. ("Shippensburg -2- Townhouses Property"). Shippensburg Townhouses has properly developed, constructed and maintained townhouses on the Shippensburg Townhouses Property. 5. On or about August 16, 2006, the Shippensburg University Foundation, (the "Foundation"), a Pennsylvania non-profit corporation with a principal business address of 1871 Old Main Drive, Shippensburg, PA, filed an application for a conditional use permit with the Respondents (the "Application"). A copy of the Application is attached hereto as Exhibit A. The Application addresses certain property owned by the Foundation (the "Foundation Property") that abuts the Shippensburg Townhouses Property. 6. The Application alleges that the Foundation Property's zoning district is CG and that the Foundation is requesting a conditional use, pursuant to § 204 of the Shippensburg Zoning Ordinance, to allow it to develop the Foundation Property in a manner consistent with another unidentified zone. 7. The Application requests this conditional use permit to allow the Foundation to construct townhouses on the Foundation Property. 7. Within its Application, the Foundation makes the following allegations: (a) that it is requesting a conditional use permit for the "construction of 21 unit Townhouse Development (student housing) and associated parking and utilities;" and (b) that this use would be in "[h]armony with the character of the neighborhood because residential exists with townhouse development to the north of property." 8. The Foundation relies on § 204 of the Shippensburg Zoning Ordinance, which allows for the Respondents to grant a conditional use permit to a landowner to allow that -3- landowner to develop property within a district that is progressively lower than the property's actual zoning District. 9. Within its Application, the Foundation has not identified the zoning district in which it is requesting permission to develop the identified townhouses. 9. On November 4, 2006, the Supervisors granted the Foundation's application without identifying the applicable zone district under which the Foundation must comply. 10. Under the Shippensburg Zoning Ordinance, the only zoning district in which the Foundation may construct townhouses is zoning district R-2. 11. Further, the Foundation alleged that its development would be in harmony with Shippensburg Townhouses development to the north. In order to in harmony with the existing neighborhood and, specifically, Shippensburg's Townhouses' development, the Foundation must construct its proposed development in accordance with the conditions and specifications required in zoning district R-2. 12. Shippensburg Townhouses was required to construct its townhouse development in accordance with the conditions and specifications required in zoning district R-2. 11. Shippensburg Townhouses respectfully submits that Respondents' granting of the Foundation's Application for a conditional use permit was an abuse of discretion and erroneous in law for the following reasons: a. The Foundation did not identify the zoning district under which it was requesting to construct it proposed townhouse development. b. The Respondents failed to identify the zoning district applicable to the Foundation's proposed townhouse development. -4- The Foundation must construct its proposed townhouse development in accordance with the conditions and specifications provided under zoning district R-2. d. Any development or construction of townhouses by the Foundation in a zoning district other than R-2 will be contrary to the Shippensburg Zoning Ordinance, will not be in harmony with the existing neighborhood, will not be in harmony with the Shippensburg Townhouses townhouse development and will not be consistent with the allegations made by the Foundation within its Application. -5- WHEREAS, Appellant, Shippensburg Townhouses II, LLC, respectfully submits that the granting of the Shippensburg University Foundation's Application for a conditional use permit was an abuse of discretion on the part of Respondents, Shippensburg Township and The Board of Supervisors of Shippensburg Township, and was further erroneous in law. Appellant respectfully requests that this Court review the record as compiled before Respondents, and reverse the decision of Respondents, thereby denying approval of the Shippensburg University Foundation's Application for a conditional use permit or, in the alternative, modifying that approval to require the Foundation to comply with the conditions and specifications required in zoning district R-2. Respectfully submitted, KNOX McLAUG SENNETiT,1P.Q~ By # 702583 Brian Glowacki, Esquire Neal R. Devlin, Esquire PA No. 89223 120 West Tenth Street Erie, PA 16501-1461 (814) 459-2800 Attorneys for Appellant -6- PA No. 39076 No~~. 21. 24Li6 3:1bPM TH. SENTINEL Shippen~burg, Pa, No. 3~}15 P, 2 APPLICATION FOR CONDITIOfTAL USE PERM2T SHIPPENSBURG TOWNSHIP, CUMBERLAND COUNTXr PENNSYLVANIA pplicant. ~~ g PA. 17257 essee wner~_~rflbensburg IIniv. Feunda'Cion 717-G.77~1977 PA 17257 ttorney_ .rchitect Fee Received .3[~ Application # ~~ - ' gY ~ `Q_g~,,~,~ Date Received ~~ . ~ ~. , aOQ~ s a~ aoo(~ Notices Date of Publication L~ .,~,.~I Date of Hearing ~GC ~, ~"°~ Date of Action CSU `'~ aQp~ Action '~ Application is hereby made to the Supervisors for a Condition Use Permit in conformity with Article YY ,Section204 , Subsection ,Paragraph of the Zoning Ozdi.nance•and any amendments thereto for the following described work: 1. Name of: Address: Phone: ~, ens ur IIniv. Fouadst•iom 1671 Old Marx Dr.S~lPpensbtre ,717-477-1~~1 :ng ineer (`.1;.i1G_ inr . Mechanicsburg, PA 17055 :ontractor 2. The subject property is located as follows: Nbrfh si~.e of Hot_Pgint Avenue approximately 900' west of Hot Point Avenue's intersection with Middle S rin Avenue. 3, The subject property is situated in a CG zoning district. 4. Existing use of land and/or building isVacant Single Famil~-•Home 5. The applicant request a'Conditional Use pex'mit for the use of the px'operty above for a construction of 21 unit TownhQU~se~-,Developmant student housin and associated arkin end tilities as provided undelC the provisions of Article_II Section 20[, of the Zoning Ordinance, and in support thereof submits the following documents: e0 EXHIBIT A Nov. 21. 2006 3:16PM TH. SENTINEL Shippen~b~rg, Pa. No, 8015 P. 3 a) A certificate of Ownership;. Deeds attached b) a compieted•Building Permit application N/A c) A completed Preliminary Subdivision Plat Application Attached d) A proposed Site Development Plan Attached e ) A Vicinity Map Attached F ) Subdivision Water and' Sewage Report Nate ou d) g) Soil Percolation Test Report N/A h) Other (specify) 6. The applicant alleges that the proposed Conditional Use: a) Would be in harmony with the character of the neighbor- hood because~~ider~t:izl egg sts with townhoa.se development to the ~nrth of ~pnart~'. b) and that it would not be detrimental to the property or persons in the neighborhood because water and sewar will b~_~blic and stormwatez Will discharge directly 'into adjacent wateraray 7. In addition to meeting the standards prescribed•by the Zoning ...,Ordinance, the applicant will ~p~o~i~de: curb:arcd s;idawal~,.along,;, . on~r~nrn and naTi~inQ.__tannis court for occupants and landsc8pine in order that the public cony ienc and el further served. ~-~ ~ ' ; e Applicant v ~u~~~~~R ~2 g l b D SNt P~+~s~-3t~2G V1.9fi~• t~~p~ne~,D to Nothing ~,n the Application shall relieve the owner or his agent, the developer or the applicant, for either a Conditional use Permit or a Site bevelopment P13n approval, £rom the necessity vi obtaining Subdivision Plan Approval in accordance with fife Township Subdivision and Land Development ordinance, if applicable. Referral to: Date Approved Disapproved Cumb. co. Planning Comm. Ship. Twp, planning Comm. Township Engineer Supervisors .Nov, 21. 20Q6 3:11PM THE SENTINEL Sh i vvensb~r;, Pa, No, 8615 P, 4 •~~ . P.0. Bost 214 5hi • sburg, PA 172.57 (71~y 532-7137 Siiii'P?tNSiiURr T'OWNSitiP CUMli1±,RI.ANI? C(lUNI'Y 1'1?NNSYf.VANIA Applit;atlot~ ~'ot $ubdlrlsEett and i:and ~ie+-elepm~.t Dian Rarle~l- AU app(icanta should review the lbrvnshlp ?oaing Ordinance Na 904 aa.antended and the Subdivlslanll.and IkveloprtKnt Ordinance No. ?A-6 as amendod prior to tubmitting plans for reviav. 'ilre spplles~nt is respoasibie for prepetring ~ application ttnaplans In oohnpUanoe with rder~r+t IdraJ or~nanoes and sttee~ reaulatloai. 'Clie rrubtala~ton at a plan w!lhou! tfk drita and plaair t~ufrcd undue the SaM3lrlaioa and Lnd Derelopiaent Orellnante shall ant be eoa~ldettid an o!'[ltfal , ~abinieafon. ~ndlcate type, o~appllcatlon: PraAppliatlottlSketeh Plan ,~ f?r+ellminsYy Plan ~ Pina! Plan MaRb Of 1'~Ogistalbd OwriCr: ShiA` p,.~ a~sburg Uaiv. Foundation ply Ha 717-477-1377 ~~~ ~~~~_ Addreaa: 8~ 0 d Main Dtiye, Shi ensbar PA 17257 , .<< ' J1pp11wttt;Shiy~eASbu~ra ~IIniveraity Foundation pl~~~ 717-477-1377 Addnesa ~ 871 Oid. Main DrivA , $hip• ensbu_ r , PA' ! 7 25 7 ~SuTMeYlag of ~ ineet{n _ .~-..ice •.•_-~.- 6 a Flrfi CFDG•: inc. Address: a Road. •~ Suite 203 Mechanicsbur ~ " pA 17055- COflt~Ct Person' ld E. Ste hells ' -~--•".~L„~ ~~.~ 'i'~tla Senior Pxo~eci Manager ~~ . w~~ Pt1onC No. 717-b93-8050 ~~~ pax No. 717_458-9337_ _ _ ~~ Ntrtid: abut Foundation Townhouses Si~pa~tYtoadon:N4rt~h~.side iiot Point Ave. approx. 900` vast d~ Hdt Point Ave i tersection '!$ Parool No. 36-33-1865 ~lrig pfsMct Commercial General Pr~~ Zb~a1 Aeeeage ..3.284 No. of Lots/Units ~ 21 Public Water ~ j Yea ( ) No Riblic Sewer (x ~ Yea ( ) No , 7nis pier requires: Boriding'or other Securityr (g) Yes, ( ) Nv; Varianct(s) {) Ye:. (g) Ho; Conditional use appeoral(~'~Yd, ( j No; Spedal P~ceeption Appcvval ( )~Ycs, (~ )1~Io; ?.owing Map Charges { ) Yts, ~) >Wa . Appllcar~s Si tltk Dude Prvvids t ~d b! d+e~project lrrclttding d+e proposed usa. (Official Usa Receivod byr. _ Date Received P1ae Number 1~sleNumbex ~ &rgineec ReF. No. Decision Needed b bate, „~~ (Planaio~ Comrt7is3iVn) Dote, ^~,~(Supervisvcs) R+eriewed by Plannins Commissron: Data•~, :.i4, Supav~son ,Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Appellant Civil Division NO. CI- v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Land Use Appeal Respondent CERTIFICATE OF SERVICE It is hereby certified that a true and correct copy of the within Land Use Appeal Notice was served via Federal Express Mail Priority Delivery this ~~I day of November, 2006, to the following: James N. Robinson, Esquire Prothonotary 28 South Pitt Street Cumberland County Courthouse Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013-3387 Neal R. Devlin, -7- \ ~ v -( ` `{1~ _- ~-: N cn ~~ ~r t.,) a w -`t'1 ~~ -p rr, 'xi C7 {,~ ;_~ -rte, ~, rr ~> -=; rrl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG TOWNSHOUSES II, LLC Vs. No. 06-6887 CIVIL TERM SHIPPENSBURG TOWNSHIP AND THE SHII'PENSBURG TOWNSHIP BOARD OF SUPERVISORS WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) TO: SHIPPENSBURG TOWNSHIP AND THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, We, being willing for certain reasons, to have certified a certain action between SHIPPENSBURG TOWNSHIP II, LLC, VS. SHIPPENSBURG TOWNSHIP AND THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, pending before you, do command you that the record of the action aforesaid with all things concerning said action, shall be certified and sent to our judges of our court of Common Pleas at Carlisle, within (20) days of the date hereof, together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Commonwealth. WITNESS, The Honorable EDGAR B. BAYLEY our said Court, at Carlisle, PA., the 30TH day of NOVEMBER, 2006. .• o- ~ m • • • - - • • - ' • • - • C ~s R. Lon r honot 0 ,- lv • m .~ rl.l Postage $ m ~ t:ertiHed Fee O ~ Retum Receipt Fee PoHatrenreerk ndorsement Required) ~ flestrfcted Delivery Fee O' (Endorsement Required) m ~ Total Postage 8 Fees V'I O nt o O ~' Street, Apt. No.; or PO Box No. City, State. ZlP+4 .rr Lawrence B. Abrams, Esquire Attorney I.D. No. 18028 Kenneth L. Joel, Esquire Attorney LD. No. 72370 BROADS & SINON LLP One South Market Square, Twelfth Floor P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Shippensburg University Foundation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Appellant v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Civil Division 06-6887 Land Use Appeal Respondents THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor NOTICE OF LANDOWNER'S INTERVENTION (53 P.S. §11004-A) Please take notice that The Shippensburg University Foundation (the "University Foundation"), the owner of the three (3) acre "Bigler Site" on Hot Point Avenue, Shippensburg, Shippensburg Township, Cumberland County, Pennsylvania, the property directly involved in the Conditional Use decision of the Supervisors of Shippensburg Township from which this appeal has been lodged, intervenes in this appeal in support of the decision of the Board. 631764.1 WHEREFORE, Intervenor, the University Foundation, respectfully gives notice of its intervention in this matter. Dated: December 1, 2006 Respectfully submitted, RH A~QS & SINON LLP By, a~ ~ZU,c,~,`~ C.~Q.~r/~~rCu,~,,M L wrence B. Abrams, Esquire Kenneth L. Joel, Esquire One South Market Square, Twelfth Floor P. O. Box 1147 Harrisburg, PA 17108-1146 Attorneys for The Shippensburg University Foundation CERTIFICATE OF SERVICE I hereby certify that on this ls` day of December, 2006, a true and correct copy of the foregoing Notice of Landowner's Intervention was served by means of United Stated mail, first class, postage prepaid, upon the following: James M. Robinson, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Neal R. Devlin, Esquire Brian Glowacki, Esquire Knox McLaughlin Gornall & Sonnett 120 West Tenth Street Erie, PA 16501-1461 ~/EITh ann M. Fetrow c 3 c~ ''°' ~ ~ O -T, K "~ r rg-t . r-~ ~ ~ f ~ ._._ ~ : r ~ -~-t -~- r, `~? ' =~ ~-.' ~~ N ~-- rrz r~ ~ .. ;.;,~ N Cs'+ -< {:=' 4.ti {~1 r ~' ~~ i ` ~~ :.~ .~ .. p i ~- r~r ~ W W .r- :•- :- l :. ~ :- ::.- ~ :-~ '`, G z _~ in 0 • ~ D 7 N t3 ~ O Nl W N N cv ~ fi O C1 41 N G N '~ 7 ~ C~ T N ~~Nm Z m~ K b ~~ • 4' ~ ~. o _ N Q Of N 0 m 0 N m ti m o ~ 0 .~ ~o ~° ~ u, 0 0 r- N 2 u. ~ E •- ~~ ~ Lawrence B. Abrams, Esquire Attorney I.D. No. 18028 Kenneth L. Joel, Esquire Attorney I.D. No. 72370 BROADS & S1NON LLP One South Market Square, Twelfth Floor P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Shippensburg University Foundation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Civil Division Appellant 06-6887 v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Land Use Appeal Respondents THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor LANDOWNER'S PETITION FOR ORDER REQUIRING APPELLANTS TO POST BOND AS A CONDITION TO PROCEEDING WITH THE APPEAL Landowner/Intervenor, The Shippensburg University Foundation, by its attorneys, Rhoads & Sin.on LLP, petitions Your Honorable Court to order the Appellant to post bond as a condition to proceeding with its Appeal under Section 1003-A (d) of the Pennsylvania Municipalities Planning Code, 53 P.S. 11003-A(d) (1997), as follows: 1. Landowner/Intervenor is the owner of a 3 acre tract of "C-G" zoned land on Hot Point Avenue, Shippensburg Township, Cumberland County, Pennsylvania (the "Property"). 632071.3 2. Respondent Shippensbui•g Township's Supervisors granted a Conditional Use permit on November 4, 2006 to Intervenor to permit Intervenor to construct a 21 unit townhouse development on the Property in accordance with its form application and plan (the "Plans") subject to certain conditions. A copy of the form application is attached to the Appellant's Land Use Appeal a,nd a copy of the engineer's cover sheet and Sheet 1 of the Plans are attached hereto as Exhibits ".A" and "B," all three (3) comprising the Intervenor's Conditional Use Application (the "Application"). 3. The Supervisors had held a public hearing on the Application on October 7, 2006 and the Township Planning Commission had reviewed the Plans on October 17, 2006. The Township followed all of the conditional use zoning procedures stipulated in its Zoning Ordinance of December 3, 1990 (the "Ordinance") with respect to Intervenor's Application. The Supervisors imposed certain zoning conditions on the Foundation's Project deemed necessary by them to implement the purposes of the Ordinance. 4. The Supervisors granted the Conditional Use to the Intervenor in time for it to build, accommodate and provide new housing on the Property to new and returning University students next Fall, on or about August 20, 2007. 5. Appellant is the owner of the adjacent 36 acre, 136 townhouse apartment project known as the "Bard Apartments" next to the Property with which the approved project will compete to attract students and other University community residents. Appellant fears that the student housing market will prefer to reside in the Intervenor's approved townhouse construction project (the "Foundation's Project") rather than its aging Bard Apartments. 6. Appellant's owners had attended the public hearing on the Application and the Planning Commission meeting, voiced their objections to the Foundation's Project and Plans, attended the legislative session on November 4, 2006, and now have filed the instant Land Use Appeal, all in an attempt to defeat and now delay the ultimate completion date of the Foundation's Project past the August 20, 2007 student arrival date. 7. Appellant avers that "within its Application, the Foundation has not identified the zoning district in which it is requesting permission to develop the identified townhouses." 8. To the contrary, Paragraph 3 of the printed Township form application identifies that the Property is in the "C-G" zone and the Plans comprising part of the Application carried the following note in the upper left hand side: "SITE DATA ...Zoning -Commercial General (C-G), Requesting Conditional Use approval to permit R-3 Residential use." Then a column of R-3 District Requirements are set out. Exhibit "B" shows the actual size of the lettering of the Plan note on the 11 "x 17" plan. 9. The printed notes specifying the "R-3" zone on the first page of the Plan formed a central document in the Conditional Use approval process. The engineers displayed even larger, 24" x 36" copies of the Plans with the same note written large for all to see at the Planning Commission meeting, at the public hearing and at the Supervisors' legislative session on November 4, 2006. 10. Appellant avers that "the only zoning district in which the Foundation may construct townhouses is zoning district R-2" in Paragraphs 10 and 12 of its Appeal. 11. To the contrary of Appellant's averments, Paragraph 3, Section 501 of the Shippensburg Township Zoning Ordinance of 3rd December, 1990 (the "Ordinance"), a copy of the pertinent page of which is attached as Exhibit "C," permits row houses and town houses in its R-3 Residence District; Multiple Family Residential: " 3. Single-family attached dwellings (row houses) (town houses) (quadruples houses)." 12. The definition Section 1400 (11) (d) of the Ordinance explains why "town house" is in parentheses as incidental explanatory matter added to the sentence, but not considered of major importance, because the "town house" multiple family residence, as defined, was considered to be "comprised" of attached single family dwelling units. A copy of the pertinent page of the Ordinance attached hereto as Exhibit "D." 13. Intervenor's written form application correctly identified Section 204 of the Ordinance which permits the lawful establishment of "R-3" uses in the "C-G" zone by conditional use. A copy of Section 204 of the Ordinance is attached as Exhibit "E." 14. Appellant avers that "in order to be in harmony with the existing neighborhood and, specifically, Shippensburg's Townhouses' development, the Foundation must construct .. . in accordance with ...zoning district R-2." 15. To the contrary, the Property and the other existing Hot Point Road properties are zoned in the "C-G" Township's zoning district and the Respondents found that, the more imaginative design of the Foundation's Project on its three (3) acre property, with the conditions imposed, would be in harmony with and compatible with the other surrounding uses on Hot Point Road. 16. Respondents have filed a proper Answer to the Land Use Appeal. 17. Further, in support of the Answer, Intervenor contends that the appeal is frivolous because the first two (2) bases for appeal, i.e., 1) that the application does not identify the residence zone in which it is requesting permission to develop townhouses and 2) that R-2 Single Family is the only zoning district in which townhouses are allowed as of right in the Ordinance are both false statements. The third basis for the Appeal, i.e., that the Foundation's Project will not be compatible with surrounding existing uses, is contrary to the finding of the Supervisors and so subjective, given the Foundation's Project's being adjacent to the Appellant's own 36 acre townhouse project, that the whole Appeal is legally "frivolous." 18. Intervenor stands to be damaged an amount of at least $217,500.00 for additional legal fees, additional engineering expert costs and expenses, additional and increased interest as well as increased construction costs (1 year delay) because of the filing of the Appeal. Intervenor's prospective construction delay damages and anticipated costs are calculated on Exhibit "F." 19. Moreover, given the unique needs and time requirements imposed on returning students who must commit to the need for "on campus" housing by the end of January each year (most student leases are annual, May 15th to May 14th, with option for August to May, compatible with the academic year), Intervenor stands to be damaged in amounts in excess of $302,400.00 in lost revenue, $1,600.OOlmo./unit x 21 units x 9 mos. (August 15-May 14), for missing the opportunity to be finished in time to accommodate incoming Fall enrollment on or about August 23, 2007. Intervenor's prospective losses of rental revenue are calculated on Exhibit "G." WHEREFORE, Intervenor respectfully requests that a hearing be set on the Appellant's Land Use Appeal, that the Court find the appeal to be "frivolous" on the basis of the record and relevant Ordinance provisions, and that Appellant be required to post a bond for damages payable to Intervenor upon the Township's prevailing in its defense of the appeal in the amount of $519,900.00. Dated: December~~ , 2006 Respectfully submitted, OAD & SIN awrence B. Abrams, Esquire Kenneth L. Joel, Esquire One South Market Square, Twelfth Floor P. O. Box 1147 Harrisburg, PA 17108-1146 Attorneys for The Shippensburg University Foundation CERTIFICATE OF SERVICE I hereby certify that on this _ day of December, 2006, a true and correct copy of the foregoing Landowner's Petition for Order Against Appellants to Post Bond as a Condition to Proceeding with the Appeal was served by means of United Stated mail, first class, postage prepaid, upon the following: James M. Robinson, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Neal R. Devlin, Esquire Brian Glowacki, Esquire Knox McLaughlin Gornall & Sonnett 120 West Tenth Street Erie, PA 16501-1461 a. ~ Dana A. Shanaberger A A 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055-4828 Phone: 717.691.8050 E N C I N E E RS Fax: 717.691.8055 TO: Shippensburg Township 81 Walnut Bottom Road Shippensburg, PA 17257 Date: August 16, 2006 Project No.: 06063 Re: Shippensburg University Foundation WE ARE SENDING YOU ®Attached ^ Under separate cover via USPS the following items: ^ Shop drawings ^ Prints ^ Plans ^ Samples ^ Specifications ^ Copy of letter ^ Change Order ^ COPIES DATE NO. DESCRIPTION 1 Check for $300 9 2 Conditional Use Ap lication 9 1 Prel. Plan A lication 9 3 Deeds 9 08/16/06 1 11 x 17 Site Plan THESE ARE TRANSMITTED as checked below: ^ For approval ^ Approved as submitted ^ For your use ^ Approved as noted ^ As requested ^ Returned for corrections ^ For review and comment ^ FOR BIDS DUE. ^ Resubmit copies for approval ® Submit 9 copies for distribution ^ Return corrected prints ^ PRINTS RETURNED AFTER LOAN TO US REMARKS: COPY TO: SIGNED: Ronald E. Stephens, PMP, PE, PLS Exhibit "A" B SITE DATA Tract 1 -Gross Area = 20,372.20 sf Dedicated R/W = 2,375.00 sf Net Area = 17, 997.20 sf Tract 2 -Gross ,Area = 122,664.96 sf Dedicated R/W = 7,185.00 sf Net Area = 115,479.96 sf Total Net Area == 133,477.16 sf = 3.064 acres Zoning -Commercial General (CG) Requesting Condltlonal Use approval to permit R-3 Residential use .~ ., " __ ~, i ~.-._._ IBS ,. ~\ .. `~- + `~. -' _... -` S .%..~ -was-,m. =Y: :.. ~,.:~_.-.....~ax..r_,....~-.....+....r - -..-..._.._.__... .. V --- --.nom-- -...~_. ~~F ± Mac. 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J ' ,~~~ ~ ; ..~ ...._..._.. ........ h ~ ~ ~_,Qd 'TS _ I Derek Marx ~~~ PG. 12~'r`+ 260 ' ~ ` /~r+LC.F4..7p ~ ; ~ , t 1t •'~ ~ I I e ~ , ~ o I I,g ;~ ~. .;~ r (~ ~ ~~ `` 0 7 ., -~. _'-':__ ..- ; ~....~ r-.._„x ] - ~, . -.._... ~ ra - • _... '`+'C ...._.._ -_. r ~~' ~A '- ---~_~.- .. ~ .. _, -- - ~ Yrii r ~ , _.. ~ '~ ~ 11rrari)r•istine r CDG ENGINEERS sggg wnw tta.d, swt. 2g7 Me[MNaWry, PA t)06a Td pv) 69t•agsg Fax ()17) 691-0055 MrrNNO6wg, PA-EMwawg. PA wng d PnaC., IA - Ila9antown, NO www.CEW.ner e a Z 0 a z Z ~ o ~ W o ZW ZD ° oQ J LV °z ~ ~z ~ No _~ w~w)- UW ?ozo ~~ ~ ~~ ~~ _ ~~ tA0 z ~~ = o ~m Z ~. z ~ w ~ a ~ a O m H Z r w a a x m Vrolect No: 06067 Dafe: fi/16/2006 PrgjeQ Manager: RS Desl9n By: N7F Drawn By: GGe, DGS Drawing sole: UD Flle: SkelCh Deslgn,dwg Drawing Title SKETCH PLAN Sheet No. C ~- y '~~ R-3_Aesidencs~Distsict ~ ~ Kut.TxPr.~ tAlilL? ~asiDEN,r~u. • Section 500. In R-3 Residence Districts, the lollorin~ regulations shall apply: r Section 501. Uea Regulations. A building say b• erected or used and a lot may be used or occupied for any of the following purposes and no other, provided that public sanitary serer and ester supply facilities vi11 eery all uses necessitating such, and that any use nacassitating sanitary serer and rater supply ssrvices which rill not be provided by public facilities shall ba only those permitted for.ths R-1 Zoning District. and shall be in accordance rith the minimum standards of that district; and provided that the rsqui~cesant• of Saations 91S sad 916 •hali apply to all pesmitted no~trssidentiai uses. 1. 8ingls-tasily d•tacbed dwilings~ ,~ ~ .~ ,, 2. Single-family aasi-detached1dralliitg~. _ 3. Single-family attached drelling• (roN houses) (tow houses) (quadruples houses). _~ " _ .. • 4.~ Tvo~fasily detached dsellings (duplsz drellings). • S. Z1ro-family seal-detached dwllings (double dupltu drelliags). 6. Carden Apartsents (See Article XIV, 11-E) and Apastsert Roues (Sae Article 7CIV, 11-D). 7. Public and private schools including colleges and institutions of•higher ~ education. 8. Public parka, playgrounds, established cemeteries and runicipal recreation areas. ~ ,, 9. Public utility and cossiunication• buildings and struatuses these operation requirements necessitate locating rithin the district. 10. Signs rhea •racted and maintained in accordance ritb the provisions o! Article 7C appearing betels entitled "SIGNS". 11. The tilling of the soil, the raising of csops, traits and ~egetabl~s, greenhouses and nursesies. ••. ~ ... . 12. The follairing uses then authorised aa_ a conditioc:al au in accordance vith`- Ssction 1400.9 sad in accordance rich the applicable provisions of Section -:915 and 916 s _ _ . , ... ~'~~` a. Fraternal. sorority, sousing and boarding houses (Article XIV~. b. Churches or siailar lacss of rorshi , arish housaa,•cooventl. , P p P 1 Exhibit C 10. Condominium: An apartment building or development, shopping center, industrial park or other multi-unit building or complex (a) in which the individual residential, business or other unite or building spaces are owned by the occupant, but in which the land on which the building or group of buildings is located and other common elements (such as walls entrances, stairways and corridors) ar• owned and maintained jointly, and (b) which is devsloped, owned and operated undes the provisions of the "Unit Property Act" of July 3, 1963. a• amended. 11. Dwelling: • a. Single-Family Detached Duelling: A duelling on s lot designed exclusivsly as a residence for one (1) family and having nb party wall in common with anothsr building. Where used in this Ordinance, the taro single-family dwelling shall not include a mobile home, M1-ich i• defined belo~r. b. Tvo-Family or Duplex Duelling: A double dwelling designed exclusively a• a dwelling dstached from other buildings, each half separated fzom th• other by a party or common Mall for`vartical occupancy, os by a ceiling-floor •sparatioo for borisontal , occupancy. ~ _ _ ~ r ~ ~ .r r c. Multiple-Family Dwelling or Structu~as A Qsnsral•term.r.aie'rring to~'-.- any residential building, or to any structure designed and occupied exclusively as a residence fos three (3) or sor• families. d. Apartment flouss: Amultiple-family dwelling, as defined above, with each dwelling unit occupying only a sln~le floor and designed for rental or condominium virnerahip.. •. Garden-Type Apartment Boues: An apartment house (a) characterized by low lot coverage, (b) with appropriate landscaped open space, including play and recreation sees iA addition to the required off-street parking space, sad (c) which consists of aids by side dwelling units on sach floor extending Eros front to rear. f. Mobile Bows A transportable one-family dwelling intended for psrsansnt occupancy contained in one unit os in two units designed to ba ~oinad together to fors the whole duelling, but capable of again being separated for repeated towing which (a) arrives at a sits compiate and ready for occupancy except for minor unpacking, utility hookup and assembly operations, and (b) may be lived in Mithout a perioaaent foundation. g. Torc-houas: A sultiple-family residential structure, a• dsfinsd above, which (a) comprises three or mots attached single-family ~,.-. dwelling units extending from basement to roof, (b) contains -, ;' variations in dwelling unit facades and (c) is designed for rental ~W or condomiaius ownership. ,.. Exhibit "n" OCT-06-06 FRI 08 16 AM CEDG FAX N0, 7176918055 S~iIPPt*NS~11RG T~1f~INSHtt~ ~tat~li~'ERL~,~1t, Go~NTY, PENNSY~.VA~ItA ORD1NA~tCE NQ. 2QQ2-0~ AN al~pINANCE Yo Al1A~N1~ THE SHIPP~NS~URG ~'C~wNsH1P .- _ -- ~ON1NG OI~DINANOE P, 02 ,! ; ., ~. ,~ lT lB ~I=RUBY t*[~ACTEC7 A~fC1 oRDAIN~© by the Board of Supervisors of ~hip~ensb~arg ~'awnship, C+umber(and County, Pennsylvania, that the Shippensburg ~c~wnsfaip t)rdlnance, ardinancc ~0~, ~s amended as follovu~: Sr~o~c~rt ~Q~. F~rottre$siYe Permitti2d uses f~e~~~~itted uses for ali caning districts steal) be progressive among the Districts when aa~therired as a cor~ditis~na! use in accordance with Sec#ions 14q~(q) and ~~09, All pert~nittecl uses fQr the A-G Agricultural Districts shall be permitted in alt other districts. Ali pen-nitted uses for t1~~ F~~~I residential Districts shalt be allowed in alt districts except A-~, etc., according to the following hierarchy: l~erm~itted uses from: A-G ~gricultUral Districfi ~-1 F:esider~tial Districfi t~-~ l~esiden~tial Districk R-3 residential District C-G Commercial General District lvi-L Manufacturing limited District Shall be atlowed in: A-G; R~ 1; R-2; R~3; GG; M-L R-1; R-2; R-3; G-G; M-1_ 1~~2; I~-3; C-G; M-L R-3; GG; lrr!-l. C~G; M-L M-L ~ny~ and all development within a District must comply with the requirements for' that t7istrit~t, as dictated by the caning Ordinance. 'hat is, a single family residence erected ire the C-G Co~~mercial Genera! District must comply with al! requirements of the C-C ~;orn~rcial General District. Exhibit "E" Page 1 of 2 OCT-06-06 FRI 08;16 AM CEDG FAX N0. 7176918055 P, 03 ,;. E~IACTE~ ANb C~Rb1~1f~~D day the Board o~ Supervisors, of Shippensburg '~'~~vr~si~ip, Cumberland C~urti~, P~rnlsylvar~~a, this ~~ day of .~~~_~~..~^f 2Q~-~, isi session ciul~ assemi,ied. SHrP~'ENSBURG TOWNSHIP gOl1Rd OP SUPERVISORS Cf~airman ~,-rrcS~ `$ , ~ { } ~Su rv~ or ~~ %''~ ~r Se~~e~ry sy: __ _ -- Supervisor ~~ E ~~ Exhibit Page 2 of 2 Additional Attorney's Fees $ 50,000.00 Additional Engineer's Fees 15,000.00 Additional Cost and Expenses 5,000.00 Increased Construction Costs and Expenses 147,500.00 (1 year at 5%/Annum) Total $217,500.00 Exhibit "F" 632618.1 G Potential Revenue Loss Due to Land Use Appeal $1,600.00/month/unit for the 21 units x 9 mos. (Aug. 15-May 15) _ $302,400.00 Exhibit "G" SHIPPENSBURG TOWNHOUSES II, LLC, Appellant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2006~887 CIVIL SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS Respondents :LAND USE APPEAL THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor ANSWER TO LAND USE APPEAL 1. Admitted. 2. Admitted. 3. Admitted. 4, Admitted. i 5. Admitted. 6. Admitted. 7. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. To further respond, the applicant is under no duty to identify the applicable zoning district, merely the use. {See Exhibit "A" attached hereto). Attachments submitted with the application and reviewed by the township engineer identified the applicant's intention to proceed under the requirements of the R-3 zoning district. 9. Admitted. 10. Denied. Townhouses are permitted in both R-2 and R-3 zoning districts. Section 401 {9) allows "[aj multiple-family residential structure or townhouse dwelling i containing not more than six (6) single-family attached dwelling units ..." (See Exhibit "B" attached hereto). Section 501(3) allows "Single-family attached dwellings (row houses) (town houses) (quadruple houses)." (See Exhibit "C" attached hereto). 11. Admitted in part and denied in part. It is admitted that the Foundation alleged that its development would be in harmony with Shippensburg Townhouses. It is denied that requirements of zoning district R-2 must be enforced in order for the proposed project to be in harmony with Shippensburg Townhouses. 12. Denied. Shippensburg Townhouses was constructed in accordance with requirements of the R-2 zoning district because the property was in the R-2 zoning district, Ordinance 2002-03 establishing the progressive use provision of the zoning ordinance had not yet been enacted, and the property owner applied under the R-2 zoning district. 11. The Averments in this second Paragraph 11 are legal conclusions to which no response is required. In the event that a response is deemed necessary, these averments are denied. a , ~ qP Date r - r -v `i - - --- J s M. Ro mson, Esquire o Law O ces Solicitor fort a Board of Supervisors of Shippensburg Township, Cumberland County Pennsylvania Attorney I.D. 84133 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 SHIPPENSBURG TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA ORDINANCE N0.2002-03 AN ORDINANCE TO AMEND THE SHIPPENSBURG TOWNSHIP ZONING ORDINANCE tT IS HEREBY ENACTED AND ORDAINED by the Board of Supervisors of Shippensburg Township, Cumberland County, Pennsylvania, that the Shippensburg Township Ordinance, Ordinance 90-4, is amended as follows: Section 204. Procrressiye Permitted Uses Permitted uses for alt Zoning Districts shad be progressive among the Districts when authorized as a conditional use in accordance with Sections 1400{9} and 1209. All permitted uses for the A-G Agricul#ural Districts shall be permitted in al[ other districts. Alt permitted uses for the R-1 Residential Districts shat! be allowed in at! districts except A-G, etc., according to the following hierarchy: Permitted uses from: A-G Agricultural District R-1 Residential District R-2 Residential District R-3 Residential District C-G Commercial General District M-L Manufacturing Limited District Shall be allowed in: A-G; R-1; R-2; R-3; C-G; M-L R-1; R-2; R-3; G-G; M-L R-2; R-3; C-G; M-L R-3; C-G; M-L C-G; M-t, M-L Any and all development within a District must comply with the requirements for that District, as dictated by the Zoning Ordinance. That is, a single family residence erected in the C-G Commercial General District must comply with all requirements of the C-G Commercial Genera! District. ENACTED AND ORDAINED by the Board Sf Supervisor Hof Shippensburg Township, Cumberland County, Pennsylvania, this ~~} day of v.~~ , 2002, in session duly assembled. ATTEST ecretary SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS By- ~ Chairman Su rvi or By: Supervisor ARTICLE IV R-? Residence Districts Section 400. In R-2 Residence Districts, the following regulations shall apply: Section 401. Use Regulations. A building may be erected or used, and a lot may be used or occupied, for any of the following purposes and no other, provided that public sanitary sewer and water supply facilities will serve all uses necessitating such, and that any use necessitating sanity sewer and water supply services which will not be provided by public facilities shall be only those permitted for the R-1 Zoning District, and shall be in accordance with the minimum standards of that district; and provided that the requirements of Sections 915 and 916 shall apply to all permitted nonresidential uses. 1. Single-family detached dwelling. 2. Tilling of the soil. 3. Public or private schools, including colleges and institutions of higher education, churches, hospitals and libraries. ' 4. PSunicipal building or use, part, playground, rest area or similar nor.-commercial recreational area or building owned and operated by a public or private nonprofit agency, not to include any business facility, storage of materials, a trucking or repair facility or the housing of repair crews. 5. Transformer substation; utility Line or similar utility facility; provided that in the case of a transformer substation or similar use (a) the minioum area and yard requirements applicable in the district shall be cocaplied with,.-'(b) the area used for such use shall be surrounded by an anchor-type wire fence or masonry wall not less than eight (8) feet in he~,:;iic, (c) tl:e required fence or wall shall be surrounded by a pe^~nenC e~•`~:;reen shr~.:bbery or tree plancinh or a type that will grog to no:. less c:: _; :•. the heiht of the fence or wall, (d) the reouired side, fro~c and rear }•ards shall be landscaped with any com~ination oL lawn, tr=~s or 511r:i:.~~ and maincair.ed in a neat and orderly manner, (e) necessary access e~alr:s for personnel and/or' dr~'ieways for vehicles to service the facility ma:: be installed, (f) where a vehicular drive~aay must serve the fa~?lit;~ frees the fror.c and thereby prec'_ude the pLancing of shrubbery in frs::t of tf:e entrance gate, such gate shall be .constructed of solid wood or =eta1 anti shall contain not less than fift/ (50) percent solid mater'_al in ra~.o co ope:~ space, and (gj the plans accompanying a request for a building or zoning permit shall clearly indicate the manner in whic^ the recuire~ents sec forth above gill be satisfied, and upon being sat~s'ied, a per:~it shall be issued by the Zoning Officer. . b Tu~o-~~~_'_;.' or duoLe~ d•.:elling, as deii.ned in Section 1400. ~' ~ .. - . _ -sue 4.v.. ~` 7. The conversion of an existing single-family dwelling to two or multiple-family dwelling use when authorized in accordance with the provisions of Section 903. ~ 8. A multiple-family dwelling or apartment house containing not more than twelve (12) dwelling units, in accordance with the applicable provisions of Section 914. 9. Amultiple-family residential structure or townhouse dwelling containing not more than six (6) single-family attached dwelling units, in accordance with the applicable provisions of Section 914. 10. A mobile home. 11. Boarding, or rooming accommodations, with or without meals, for boarders or other persons, accommodating not mere than six (6) such occupants, when operated as a secondary use by the resident owner of record of the premises on which located. 12. Established cemeteries in existence when this Ordinance is adopted. Any such use shall be considered a conforming use in the District, but no new use of land for this purpose shall be permitted. . 13. Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses. The term "accessory use" shall not include ay business, but may include: a. Private off-street parking area; private garage. b. The office of a member of a recognized profession, such as a medical doctor, dentist, professional engineer, architect or attorney, provided that (1) there shall be not more than one such office in any one dwelling, (2) the office shall be located in the dwelling in which the practitioner resides, (3) there shall be not more than one assistant or other person engaged in such occupation who is not a resident of the dwelling, (4) no such use shall have any external evidence of such secondary use other than a name or accessory use sign as permitted in Article XIII of this Ordinance, and (5) adequate provision shall be made for off-street parking. c. Home occupations as defined in Section 1400.17. d. Signs when erected and maintained in accordance with the provisions of Article XIII of this Ordinance. 14. The following uses when authorized as a conditional use, in accordance with Sections 1400(9) and 1209, and in accordance with the applicable provisions of Sections 915 and 916. a. A garden-type apartment house, or a group of garden-type apartment houses on a lot or tract of land designed as a unified project, provided that (a) each such use also shall comply with the ARTICLE V R-3 Residence Districts MULTIPLE FAMILY RESIDENTIAL Section 500. In R-3 Residence Districts, the following regulations shall apply: Section SO1. Use Regulations. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other, provided that public sanitary sewer and water supply facilities will serve all uses necessitating such, and that any use necessitating sanitary sewer and water supply services which will not be provided by public facilities shall be only those permitted for the R-1 Zoning District, and shall be in accordance with the minimum standards of that district; and provided that the 'requirements of Sections 915 and 916 shall apply to all permitted nonresidential uses. 1. Single-family detached dwellings. 2. Single-family semi-detached dwellings. 3. Single-family attached dwellings (row houses) (town houses) (quadruples houses). 4. 'loo-family detached dwellings (duplex dwellings). S. Two-family semi-detached dwellings (double duplex dwellings). 6. Garden Apartments (See Article XIV, 11-E) and Apartment House (See Article XIV, 11-D). 7. Public and private schools including colleges and institutions of higher education. ' 8. Public parks, playgrounds, established cemeteries and municipal recreation areas. 9. Public utility and communications buildings and structures where operation requirements necessitate locating within the district. l0. Signs when erected and- maintained in accordance with the provisions of article X appearing herein entitled "SIG\S". 11. The tilling of the soil, the raising of crops, fruits and vegetables, greenhouses and nurseries. 1~. The following uses when authorized as a conditional use in accordance with Section 1400.9 and in accordance with the applicable provisions of Sections 915 and 916: a. E'racerr,al, sorority, rooming and boarding houses (Article !(IV). b. Churches or similar places of worship, parish houses, convents. ~ ~ SHIPPENSBURG TOWNHOUSES II, LLC, Appellant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2006~887 CIVIL SHIPPENSBURG TOWNSHIP and THE: SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS Respondents :LAND USE APPEAL THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor CERTIFICATE OF SERVICE I, James M. Robinson, Esquire, attorney for the Respondents, Shippensburg Township and Shippensburg Township Board of Supervisors, have served the attached Notice of Intervention by mailing a copy by First Class Mail, postage prepaid as follows: Knox McLaughlin Gomall & Sennett, P.C Brian Glowacki, Esquire Neal R. Devlin, Esquire 120 West Tenth Street Erie, PA 16501-1461 /a~~~f o~ Date Rhoads & Sinon, LLP Lawrence B. Abrams, Esquire Kenneth L. Joel, Esquire One South Market Square, Twelfth Floor P. O. Box 1146 Harrisburg, PA 17108-1146 Jas M. Robi on, Esquire At ey I.D. 133 Turo Law Offi s 28 South Pitt Street Carlisle, PA 17013 Phone: 717-245-9688 C? ~ c'7 ;s• °r:~~ ~ i`+j~ ,,;~ --- ; r.:r ~.C7 7 r'. _ "t~ _ N ~ {~'Ct ' ~ =~ ~- ~, t DEC 2 1 ZOOb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Civil Division Appellant 06-6887 v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Land Use Appeal Respondents THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor ORDER AND NOW, this ~ day of , 2006, upon consideration of the foregoing Petition, it is hereby Ordered pursuant to Section 11003-A (d) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 11003-A (d), that a hearing upon this Petition shall be held on the ~~ d y of , 2007, at ~ O ~ 0 d A ,m. in Court Room No. B T J. 632492.1 r., ~. t ~~,g, l,.J ~f ;l ~. ~ J qq ~ ~,~ ~` ~1~ r,.. ~:.~ ~~~c~ ~- ,-~f'11 1 ~ 6 ,4i~u t TO THE PROTHONOTARY: PRAECIPE Please file the enclosed application, attachments, minutes and exhibits from meetings of the Shippensburg Township Board of Supervisors, which comprise the entire record of Shippensburg Township relative to the captioned matter. Respectfully Submitted TURO LAW OFFICES ii , ~~ , SHIPPENSBURG TOWNHOUSES II, LLC, Appellant v. ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2006-6887 CIVIL SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS Respondents :LAND USE APPEAL THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor i ~ ~~p~ Date J es M. Rob' son, Esquire 28 South Pitt treat Carlisle, PA 17013 {717) 245-9688 Attorney for Respondents, Shippensburg Township and The Shippensburg Township Board of Supervisors APPLICATION FOR CONDITIONAL USE PERMIT SHIPPENSBURG TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA Fee R eived ~~ Application # c~CL - ~. BY t Date Received ~, ~~t ~~~(~ Notices Date of Publication Date of Hearing Date of Action Acti e ~ , Application is hereby made to the Supervisors for a Condition Use Permit in conformity with Article II ,Section204 , Subsection ,Paragraph of the Zoning Ordinance and any amendments thereto for the following described work: 1. Name of: Address: Phone: pp 1 ican tShippensburg Univ Foundation 1871 Old Main Dr. Shi_gpensbtrg 717-477-177 PA 17257 essee weer Shi•ppensbi,rg Univ Foundation 1$71 Old Main Dr.. Shi~PnGhnr..o,.;_ 71 7-477-1 X77 PA 17257 ttorney rchitect ;ngineer_~F.D~, Tnr_ 'ontractor 5.000 Ritter Rd. Suite 203 7 »-tig~-Rnsn Mechanicsburg, PA 17055 2 . The subject property is located as follows : North side of Hot Point Avenue approximately 900' west of Hot Point Avenue's intersection with Middle Avenue. 3. The subject property is situated in a district. CG zoning 4. Existing use of land and/or building is Vacant Single Family Home 5. The applicant request a Conditional Use permit for the use of the property above for a construction of 21 unit Townhouse~Development (student housing) and associated parking and utilities as provided under the provisions of Article II , Section 204 of the Zoning Ordinance, and in support thereof submits the following documents: i a ) A certificate of Ownership • Deeds attached b) a completed Building Permit application N/A c} A completed Preliminary Subdivision Plat Application d) A proposed Site Development Plan Attached e) A Vicinity Map Attached f ) Subdivision Water and Sewage Report Note on d) g) Soil Percolation Test Report N/A h) Other (specify). Attached 6. The applicant alleges that the proposed Conditional Use: a) Would be in harmony with the character of the neighbor- hood because rPC;r~antial exists with townhouse development to the n,nrth of ,ern fiy b) and that it would not be detrimental to the property or persons in the neighborhood because water and sewer will bs Public and stormwater will discharge directly into adjacent waterway 7. In addition to meeting the standards prescribed by the Zoning . ,Ordinance, the applicant will provide. curb .arid sidewalk .along, , pntranra anti Parking tennis court for occupants and landscaping in order that the public conv,,~nie e a w f rh wil e further served. G--•~GtW~~2- ~p ~ Applicant .~ ~ ~. ~S !b D~ Dat Nothing in the Application shall relieve the owner or his agent, the developer or the applicant, for either a Conditional Use Permit or a Site Development Plan approval, from the necessity of obtaining Subdivision Plan Approval in accordance with the Township Subdivision and Land Development Ordinance, if applicable. Referral to: Date Approved Disapproved Cumb. Co. Planning Comm. Ship. Twp, Planning Comm, Township Engineer Supervisors --r..= .~?- ~~ Sttlt'PFNfiRUR("~ 't`owxstitp CUM[1F,Ri,AND Ct)UN'i'Y PFNh15Y1,VaNtA P.O. Boz 214 5hippensbura. Pal 1123'1 (717) 532-7137 ~ ' ~ppiicatian P'ot Snbdirision and land nev~lapntent Wan Rertt~A~ AlI applianu should review-the Township Zflrtina t?cdinanoe No. 90.4 u amends! and the Subdivision/I.and Development Ordinance No. 78-6 u amended print to submitting plans for caview. The apptieant is respoctisibie for preparing the applkaHon and plans in compUanoe with relevant lvcxl ordinances and stste~ regulations. The Rubrntssian of a plan without the data and plans tegafred undee the Subdtviaton and Land Dewelapment Ordinance shall. not hb canside~cred an ofClciat anbmisalon. .Indicate type of application: ProiAppliatiotJSketch Plan Preliminary Plan ~..x .. Final Plan Nan1e Of t+egiste~esd Owner: Shippensburg Univ.. Foundation p~ NO. 717-477-1377 ~~.. Addcraa: 1871 O.ld Main Drive, -. Shippensburg, PA 17257- Applicant:Shlppensburg University Foundation ~~ Ho. 717-477-1377 Address 1871 Old. Main Drive, Shi~nsburg, PA 17257 . _.r. .~.,._,~ ~SItTYCyinaaEngineexingFirnt ~EDC, Inc. _ Address: X000 Rirter Road. Suite 203 M_chanicsburg; PA 17055 t:OntaCt Prs'e0r1: _Ronald E. Stephens _. _ ~~ ~ 'flga +S.e~ni~or Project Manager PhonC NO. 717-691-8050 paz NO. 717-458-9337 ~~ Nitltld: hivvensburQ Foundation Townhouses sitNPhOpCflylACadOA: North .side Hot Point Ave. approx. 900' west of .Hot Foint Ave intersection ~ Middle Spri Tax Parcel No. 36-33-1$65 ~ 7~cming p{atriet Commercial General ~~E Total Acreage ..3.284 No. of L~otsiUnits 21 Public Wahx (x) .Yes ( } No Pub{ic Sewer (X) Yes ( ) No 'I'bis plan requires: Bonding'or other Security (x) Yea, ( ) No; Variance(s) ( )Yea, (x) No; t`onditiona{ ux approval (Yes, ( } No; Spocial pacetpEion Approval (}Yes. (x } No; Zoning Map Changes ( )Yes, ~ ? Na ~ Appticxnt'a signature Tina ~~ Provide a ~erteeai deeeYiption o[ tl,e prof act inctckfin~ tfie pr~iosed uan. (Official Use Raxived by: Date Rectivcd ___~___._, Plan Number File Number P,ngineer Ref. No..r........... Docision Noedod bar: Date„ _,,,,,,~,i,r (Planning Commission) Date, ~,_(5upervison) R+eviewad by Punning tAmmiuron: Date•~ 5upervrsors ~ Date _~::. ) . ~ ~`49~ ~ ~~~ D.L~~1~ Pty THIS DEED made the 1~'~ 'day of 5e , 2001, BETWEEN Randy Gordon Bigler, by Crystal L. Collier, Attorney-in-Fact, and Trudy Jean Collier, Executors of the Estate of Gordon M. Bigler, a/k/a Gordon Montgomery Bigler, late of the Shippensburg Township, Cumberland County, Pennsylvania, deceased, hereinafter called .._. : ___ GRANTORS,.. ,.__ AND The Shippensburg University Foundation, anot-for-profit corporation, 1871 Old Main Drive, Shippensburg, Pennsylvania, hereinafter called GRANTEE WITNESSETH, that in consideration of One Hundred Twenty-Five Thousand {$125,000.00} Dollars, in hand paid, the receipt whereof is hereby: acknowledged, the said Grantors do herebygrant and convey in fee simple, to the said Grantee, ALL the following-described two tracts of real estate with home residence and other improvements. erected thereon situate in Shippensburg Township,. Cumberland County, Pennsylvania, on the North side of a public road leading from Newcomertown to the Roxbury Raad, rrtore fully bounded and described as follows: TRACT NO. 1: BEGINNING at an iron pin in the center of the said road; thence along the center line. of the said road North 79-3/4 degrees West 94.$ feet to an iron pin in the said center line; thence along Lands now ar formerly of Harold L. Keefer and Mildred E. Keefer, husband and wife, North Q degrees 14 minutes West 19I feet to an iron pin;. thence by the same,. South 82 degrees 32 minutes East 114.4 feet to an iron pin in the center of a 12-1/2 foot private lane; thence by the same and by the center line of the said private lane, South 5 degrees 44 minutes West ~~- 200.6 feet to an iron pin in the center of the said public road, the place of beginning, according to survey of John H. Atherton, R.E., dated November 5, 1944. TOGETIER 1/T'ITH aright-of--way for a cellar drain pipe running from the residence erected on the above described property to a creek located on lands formerly of Clark Gephart and Ddra B. Gephart, his wife, as described in Cumberland County Deed Book "F", Volume 16, at Page 147. ALSO TOGETHER T~YITH the right to use b-1/4 feet of a 12-1/2 foot private Lane located on lands now or formerly of Clark Gephart and Dora B. Gephart, for purposes of ingress, egress and regress, more fully described in Cumberland County Deed. Book "F", Volume 16, at Page 147. S£I.BJECT TO the right of Clark Gephart and Dora B, Gephart, his wife,. their. . _ heirs and:assigns, to`use 6-1/4 feet'ofa 12-1/2 foot private lane for purposes of ingress, egress and regress, and more specifically described in Cumberland County Deed Book "F", Volume 1 b, at Page 147. TRACT ND. 2: BEGINNING at corner of property now or formerly of Richard Stover, at an iron pin in the centerline of said public road, known as Township Route T-625; thence along the centerline of said Township Raad T-625, South 87 degrees West 89.8 feet to an iron pin; thence by same, South 8$ degrees 30 minutes West 80.7 feet to an iron pin; thence by same, North 79 degrees 10 minutes West 116.9 feet to an iron pin in the center of a private Iane I2-1/2 feet wide; thence along the centerline of said private lane, North 5 degrees 44 minutes East 200.6 feet to an iron pin; thence by lands now or formerly of Harold L. Keefer and Mildred E. Keefer, North 82 degrees 32 minutes West 114.4 feet to an iron pin at post; thence by land now or formerly of Pauline Bard, formerly a part of this property, North 08 degrees 45 minutes West 94.2 feet to an iron pin; thence by same, South 85 degrees 30 minutes East 449 feet to a post; thence by land now or formerly of Catherine Bigler and Nellie Heckman, South O1 degree 15 minutes West 169.3 feet to a tree; thence by land now or formerly of Richard Stayer, South 89 degrees I S minutes West 51 feet to a post; thence by same, South O1 degree I S minutes West 115.7 feet to an iron pin in the centerline of Township Road T-625, the place of beginning. CONTAINING 2 acres, 52 perches, more or less, according to survey of George T. Lowe, made November 17, 1961. 9QOlE ~~c~ PAGE~~S'~ I( ,~ l TOGETHER WITHtheright to use a certain 12-1/2 foot wide lane along with Clark Gephart and Dora B. Gephart, his wife, their heirs and assigns, for purposes of ingress, egress and regress, part of which being located on Tract Na. 1 above, said private lane being more fully described in Cumberland County Deed Book "F", Volume 16, at Page 147, and in Cumberland County Deed Book "M", Volume 24, at Page 871. THE above described two tracts of real estate are the same which Harold L. Keefer and Mildred E. Keefer, husband and wife, by deed dated March 16, 1987, and recorded in Cumberland County Deed Book "O", Volume 32, Page 26, conveyed to Gardon M. Bigler and Vada L. Bigler, husband and wife: The said Vada L. Bigler died 3uly 24, 1991, complete title thereby vesting in her husband, Gordon M. Bigler. The said Gordon M. Bigler died December I8, 2000, having first made his Last Will and Testament dated May 27, 1993, which will. was duly admittedto probate by the Register of Wills of Cumberland County, Pennsylvania on January 8, 2001, and on the same date Letters Testamentary were granted to Randy Gordon Bigler and Trady Jean Collier, the Grantors herein. SUBJECT to all other conditions, restrictions, reservations, and rights-of--way of record. ,4ND the said Grantors will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. WITNESS: ~ ~ ~ anon 2~~s eACE~~.98 (SEAL) dy Gordon Bigler, by Crystal L. Collier, Attorney-in-Fact (SEAL) Trudy ollier, Executors o t e Estate of Gordon M. Bigler, a/k/a Gordon Montgomery Bigler, Deceased _ ,, i• n N oo~ i ~On ~ LOb ;., ~ , o^ ? r; n ~ any ~~ n, Q; '_ rl / ~ ro ~ ~ ' ~I' 4'w UI .,~ a b j ~ ' j ~ ;,. r ~' . ~ l ~," 11 ~• a ~ , ~I ~ .' .: I "~ I ~ 1 ~...,, ~~ '~, Gl W n FLT PL~rw~ +' ~ ~.""' .. . _....... ~ ' r- ~ ti~ ., ~ o B " - y SfON!- e.~R~VtWAY ~ . ---' (jrO52 18~ ^ ~ ,~K" '~, 'I J.5 C~fiS4'~ ... .y --~4.2~ T ~,....._ /Rt _._ r ;r !' ,,, 1 C: G: _... ~ _...._.. ._'• _.. fix} ~ ~, _.. ~j , I ~ ,~ ..v / .. . 7 „~ ~ o ;; r .. ~~~ I ~ . ~ ' ~ tl /( ~ { i ~ ~" ~~,, )~~ ~ ~; ~ ~ ~ ICJ ,.~, , i I ! ~ i~p• ~., ~~ ~ ' ' ~ ~ , i P - I ~ ~( I I ........_ O I ~ ~ ~: ~. rn ~..,. ~ 1 ~~ ~ ( ~ 7 I j~ ~a _... i . ~ i~ ~ ; j,~ ~~. ~_ ., t• I' ~ , `~,v/ I :.. ~ ~' .. ,. I 1 ~ i W O y ._,._... II • .... • ' y~ I~ f`+ I ~~ ~. ~ nrn ~ ~ ;~ I i I~ I ' u ~ / I • .~ - I e+ II., J '~ , O I I li ~~ 1 . I '+ "s. -~ 4YIf;0 e.e i'.„~ i pN pcJ , w I r ~~ Ma ~~ YI' ti/ ~ ~ i ~a I ~ I'I ~~ ~ ~~ ~' 8 ~I m ,~~ ~~ r o, Oqo ~ ~ N J I ^w~2 ^~~T I ~ ~ ti ~~ ~' I ~ .J 3 ~~ L~ ~ I m n O ~~ Y`~w I ~ m N maw NN ~ ~ ,.'p I~ / II \`Ry T ~ 191.09' :9• {$ q ~ ~l ~ ,~ ~ I sit r------ ~ e~ N .. m ~, ~,'i ~~ I_° I ~,_ ,M~ I (,s ~~ 9 o s a I~~ '.. ~ ~ ~ II ~~ ~....~ c ~ ~ n ~ ? ::s ~~~ I1 ~ ~. W /~ ~ ~, .i~ Y - ~ ~ ~ ..1 ~,n I i ~~ v~ C.'n,. V W W ~ V V N II 1.. I `7'I/// ~, r ~p$ I ..a8 II I~ ~'~ 1 ~ ~~ ~ ~ ~5 P~~II ~~s. I I ~~, 1 ~ ~, ff 2 ~I F r t ~~ b I P} i N ip Yl . N VI I VQ a ~ moe o~ o ~ I ~~ $ ~ ~,~~ ~Sm I I D~ p 5 W ~~ I ~~ g o ~we°°~ ~ ~ ns~" ~ A W I ~ n I ~ ~ ~ ~ ~ I, ~ I ~ ~ ~ D ~ oa ~~ a m ~ o~~ng'ic_9~~ 1~ f F f ~°- m m a c S F'z '~10 .'0 ~' d ~~S fa c 8 3aS~~.S~ ~ Oman ~F ~ ~~ n $,~tny~,~$~~ O ~~md c 9i~ `g ~,~ c ~~4a~F~ ~ W < ~c v i'~ ~~ S ~ ~~ ~8 a 9 c x ~c t 9 n$ ~ "=a d g ~g & Na ~ ~ ~ ~ I. o~d o3 m ",~ R ~a~ ~WC ~ A ~~~ ~~~ ~ martin and martin, incorporated ~_ 37 south main street • suite A • chambersburg, Pennsylvania • 17201.2251 (717) 264-6759 (717} 264-7339 (fax) email: mattinmartin ~ innemet.net September 18, 200E Shlippcnsburg Township Supervisors P_ 0. Box 219 Shippensburg, PA 17257 Ra;: Gaaditiounal Use Applicatxrnx Shippcnaburg Univc:tsity Foundation 'Fownharncs - i~Ot Point Avenue Our file: 492.153 (ZIP•T4/4921 S3) Gentlemen; Our office has revicvved a conditional use: appiiaation for the $hippenSburg University Foundation relative to a property zoned C-C3 located on the north side of Tit Point Avenue. The proposal is to develop 2I townhouse units. A oonditianal use is required as per the Township's progressive zoning regairornents. Our olixce is not opposed to the oanceQt of to~vnhaArse development on this tYaet. In fact, it ~wotdd be a natural exteasian of existing facilities at the adja~t Shippeasburb Townhouse development and is in proximity to the pnoposcd Creek Side Apartments project We would ergo the Township to cortsid~er any public eocrunent g;eaerated at the required public hearirg and also to aatacluir-g any appropriate conditions to am a}~provai action. We note four itt-ms for the Township tq consider relative tp the projCd's dtsign. 1) It may bC appropriate to require some fnrrn of screening between this property and its raiglrbors to the east. 2) Also, the ordinance requires that s miiniuatuttt of 20% of the property be reserved and d~evelaped far outdoor recreation. 3) The sketch also illustrates a propo~ connection with the adjoining Shippcnsburg Townhouse crrrcrgawy exit that would acquire some form of agnoemont between the; two parties, These iterrs should be discussed with tl>c appaieant and satisfied as part of any approval, .Finally, 4) the Ordinance allows tOw~dhouSe units in the R-2 and R-3 districts. However, it is only specific to the camber of units allowed m eee building under the R-2 regulations where a maximum of six units is permittcxl. Tl+c applicant has applied under the R-3 regulations which are sift on the issue- We would recamnrend that this same standard (six maximum units in arc building} be appli~;d in this case. Such a requirement would be appropriate for the purppszs o£ both aestf~etics and fire safety and would lead to a none atiractiive project that blends better with the e~uistiag neighborhoal The Township should not place itsrrlf in a position wl~re an unlimitcXl number of units arc allowed In be attached in one crcoeodiagly lengthy building. This ratty result in a re-examination by the designer ~r how tp site an aqua! number of units, MUNICIPAL r URBAN • REGIONAL • LAND DEVELOPMENT AND ENVIRONMENTAL PLANNERS MUNICIPAL • CIVIL. + SANITARY • SOLID WASTE AND ENVIRONMENTAL ENGINEERS shippenstxirg rownship 5upervis~ors September l8, 2006 Page 2 All of 3Lippensburg T'ownsLip's subdivision, land dcwclopmicnt and zoning raquirecrse~s will bavc to be nxt at .the tune o~ axry fom~al pian submission Should you Lave any geustions c+oncaming this correspaadeace, piaasa dan't hesitate to cant~ct tLis office at your c~venience. v~ ~,~,~. MARTIN AND MARTIN~~I,,N~CORPORATED ~~ i~~u-N /Timothy C. Corrnany, A.I,C.P. TCC ce: Plaaning Commission CEDC, Inc. JAN-0:~-200Z 10:54 AM SHIPPENSBUI?G TOWNSHIP 7175325107 Proof of Publication of Notice in The ~ew~,Chronicle COUNTY OF CUMBERLAND SHIPPENSBURG TOWNSHIP NOTICE COMMONWEAL'T'H OF PENNSYLVANIA Leslie R. Barrier, being duly swat•n according to law, deposes and says that she is the Manager of "'The News-Chronicle," which is a bi-weekly newspaper of general circulation published in Shippensburg Township, Cumberland County, Pennsylvania, by Latrobe Printing and Publishing Company, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania having its principal place of business at 1011 Ritner Highway (I'.O. Box 1()Q), Shippensburg, Pennsylvania; that she is authorized to and does make this affidavit on its behalf; that the printed notice, advertiserttent of publication attached hereto is the same as was printed in the regular editions and issues of "The News-Chronicle" on the following date(s) 5eplt~erl5 & 26i~ Affiant fuRher deposes that neither she nor "The News-Chronicle" and The Latrobe Printing and Publishing Company have any interest in the subjtrct matters of the aforesaid notice or advertisement, and that the facts set forth in the foregoing affidavit is true and correct. S nd ubsc a be ore me this ~~ ay of ~ ,200ti MMDNWEALTH OF PEN Y VANiA Npiiriel taedi KrKten ~ Sutler, Notary Public l3f~ord Boro, Bedford County nAy Cart~+~on t..x~,lrea F1b.13, 2t)i 0 _ I NlamWrr,~P,ignns~4Ya~+ta Aseodattan o1 Notarlee ~~ Notary Public To: "The News-Chronicle" Shil~pensburg, PA 17257 ror publishing the notice attached hereto: Copy of Notice of Publieation ,..:~:~ ~:~... At)V NC ~ .~ tit; P. 02 On the stated date(s) ............. . .. $ 71.50 Affidavit ............................. .$ 2.00 T~:al ............................... $-- -- 7,3.50 127 The October 7, 2006 regularly scheduled meeting of the Shippensburg Township Supervisors was called to order at 8:OOam by Chairman, Galen Asper. Supervisors present were: Galen Asper, Mathew Brundzo. John Bard was absent. This is a briefing of the October 7, 2006 meeting. Actual minutes are on tape. Brundzo/Asper motion to approve September minutes as presented. Unanimous vote. Motion carried. Galen announced that the seniors discussion is going to be moved up on the agenda since the room is crowded and most of the occupants are for this discussion. Senior Center -Ann Hinkle -Director for the Shippensburg Senior Center. On behalf of the Senior Center to request from the Shippensburg Township to help with the adjoining efforts of the Borough and the townships that have already agreed to fund the Senior Center beyond what the Cumberland and Franklin County Office of aging gives. This would be left over monies needed to operate the Center. This at the most being no more that $10,000 - $15,000 total. Ann says they aze looking for a sponsor. There is a meeting scheduled for Wednesday at the Community Center. At this meeting the breakdown will be shown for each of the Townships and Borough. Ann does not see it being more than $1000 - $3000 per municipality. Ann does have a break down as to how many seniors are from each municipality, she will fax it to the supervisors. Galen -Matt will be attending the meeting. Galen would like to have a list of the names of the residents of the township so he can see who from the Township attends the center. Galen will talk to the Cumberland County Commissioners to see if more funding can not come from the County. Joe Hockersmith -The Counties funding has not been enough. The meeting on Wednesday will be a fact finding meeting for the townships and borough to see where they stand. The borough will house the seniors for one yeaz until they can find a sponsor. November 1S1 they are out of the Shippensburg Health Caze Center and into the Borough. Galen -Asks Joe if he can write some of the concerns down so he can take this to the County Commissioners. Steve Oldt questions who was making up the shortfall before the seniors moved out of the borough. Joe -Initially the borough and then park and rec. Since park and rec. has dissolved they are just now seeing the ins and outs of the whole Pazk and rec. and it isn't~~r picture. Galen -Who makes the food? Ann - It comes from McConnellsburg catering center. The food could be better. The Franklin County Senior Center pays an additional $6000 a year so they get better food. She is not sure how they fund it. Joe Franklin County runs there center. Their seniors do not need to look for sponsors. William and Mary Craig Zoning Hearing The regulaz Supervisors meeting is adjourned Jim Robinson explains the procedure of the hearing and the location of the site. 12~ William Craig explains that he and his wife Mary own 111 acres in the township between Shippensburg Mobile Estates and the Borough of Shippensburg. Currently the zoning on this parcel is approximately 20 acres manufacturing which adjoins the substation for Penelec. Then there is commercial that runs 400 ft. deep along Route 11. 15 acres of this is owned by his brother. The remaining acres are agricultural. The request is to rezone 67 acres of this to commercial and 16 acres to remain agricultural which is mostly in a conservation reserve. The property is located across the road from H & H Chevrolet and next to CVS and next to the borough ground that is zoned commercial. There is a mile of sewer line on the property. The development and proposed development along Route 11 from the Newville Road puts the site "in town". The idea of this remaining a productive farm is hard to see. The only way to make money farming is to have animals (chickens, hogs, etc.) and this does not seem to be a good idea with the location. These are things that the Craig's hope the Supervisors will consider. Public Comments to the application Wendy Caraes -are there any immediate plans for the property? William -None whatsoever. Wendy -feels farther information would be helpful. Jay Chamberlin -Would like to hear the recommendations of Martin and Martin, Township Planning Commission and Cumberland County Planning Commission. Linda Asper -The Township Planning Commission did not have a recommendation since there wasn't a motion so a vote could not be taken. Matt Brundzo -reads Martin & Martin comments and the Cumberland County comments (copy in minutes file). Both agencies recommend not approving the map change. At this time there were no more public comments. Hearing is closed. Jim Robinson explains to the supervisors their options when the meeting reopens. Galen- would like to take all comments and Mr. Craig's presentation into consideration and take action at the next meeting when all Supervisors are present. Jim -you will need to make a motion to that effect when the regular supervisor meeting reopens after the next hearing. Matt - If the Craig's bring something back do we need to have another public hearing? Jim -That depends if there is a change in the request. If he bring more information to support the present request, another public hearing is not necessary. Discussion took place as to if no action is taken within 45 days whether it is a deemed denial or approval according to the MPC. Shippensburg University Foundation Conditional Use Permit application Hearing. Jim -Explains the procedure and location of the subject property. The conditional use is to step down from C-G to Residential located on Hot Point Ave. Ron Stephens of CEDG -site is just a little over 3 acres consisting of 2 parcels which will be combined. Would like to use the R-3 zoning regulations. Buildings will consist on 21 townhouse units. Permitted building coverage is permitted to be 70%, which they propose just shy of 17%. The sketch plan has been changed since submission. The units were renumbered and the emergency access was changed since the Planning Commission meeting. Ron has met with the Township Fire Chief to address the fire company t.,,~ ,~. ~.y ~~ ~.. i 2 ~2 concerns. (Copy of letter from Clyde Tinner, Fire Chief, in minutes file). The architects are present to answer any questions. Richann LeBlanc -Crabtree Rohrbaugh & Assoc. -The Architect for the project shows proposed elevations. There is variation in the facade of the buildings to meet the intend of the ordinance. Variation of stone and masonry at the front entrances with porches and variety of the siding colors. The rear has a patio with masonry surrounding. Galen -refers to Clyde Tinner's letter and asks Ron to explain how the fire trucks will turn. Ron -Shows emergency access/egress on the sketch plan. Jack Gordon -Shippensburg Townhouses -refers to the emergency access road that they put in and indicated the emergency access for this project will have to be to a certain specification. Jack asks if Martin and Martin reviewed this plan and if so what their comments were. Steve Oldt - Speaks from Planning Commission level. Refers to Martin and Martins letter dated September 18~'. Jack -That is not this plan. Revisions have been made to the sketch plan and this is not the one Martin and Martin reviewed. Steve -This is a conditional use hearing is not the land development plan. Jack - In Martin and Martins letter certain conditions are referred to. The conditions that are being referred to do not relate to this plan, they relate to a plan that doesn't exist. Steve - I think the plan has been revised based on the comments of Martin and Martin. Jack - No they have not. Steve - At the Planning Commission meeting the original plan was they were going to connect into your driveway. But since you are not allowing them to do that, they had to revise the plan. Jack -But Martin and Martin has not been able to review the revisions. Steve -But the Fire Chief has and they have worked with them to take care of concerns. Jack -The Fire Chief is not an engineer and he has not engineered the road, Martin and Martin needs to have the opportunity to review this plan. Steve -They will. But we do rely on the fire company to tell us what they are comfortable with. Wendy Carnes -What is the maximum residents per unit and how will that be enforced. Crystal Miracle of the Shippensburg Univ. Foundation - By leases and by the rental manager. Wendy -What are the tax implications in terms of income for the township? Jack -Will it remain on the tax rolls? Crystal -For the time being. We have properties that are on the tax rolls and properties that are off the tax rolls. Jack -.This site is zoned for a commercial property which would remain on the tax rolls. The University Foundation wants to use it as a residential site and have the option of removing it from the tax rolls. Certainly that is a good reason to disapprove this conditional use. If allowed to become student housing and removed from the tax rolls, you have lost you authority to collect taxes. If you let it remain commercial as it is there is a much higher chance of a commercial user to bring in employment and collect taxes. 13Q ~ '.~ ~...~ ~.~ ~~, ~~ Steve -Good point. We do have the authority to go to the hearing and protest the removal from the tax rolls. Jack -This is also directly across the street from the Hot Point Bar and most of the residents of this project are going to be underage. Discussion took place as to how the kids cross the road and if the kids from Shippensburg Townhouses go to the bar and where the kids walk and them walking through residents yards. Jack -Has Cumberland County Planning Commission reviewed the plan? Linda Asper -They do not review sketches or Conditional Use applications. Jack Before any decisions are made Martin and Martin needs to review plan pertaining to the impervious surface and along with the tax implication. Jay Chamberlin -Remembers the concern of the Planning Commission about the number of units connected. Linda -Due to this issue being missed with the Apex Development, the University Foundation is stating that this project should also be allowed. The amount of units connected in R-3 is not addressed in our zoning ordinance. Jack - We were not permitted. Crystal -Aren't you zoned R-2. R-2 has different restriction. Jack -Wouldn't you look at the closes one that currently exist? Crystal - We are looking at Apex which is a commercial general requesting R-3 which is exactly what we are. Jim Robinson -Reminds the public that the purpose of a Conditional Use Hearing is to address concerns to the Supervisors. Right now we have a discussion going on between the public. Please address your comments to the Supervisors. Jack- I'm sure your council will talk about procedure, things that have to be followed in a very specific order to make sure you get all the information to make a proper decision. Matt Brundzo -Has DEP addressed the water run off issue? Ron Stephens -This is not done at this stage, but we will probably use a number of infiltration methods, and underground storage. Matt -What about the 100 year flood plain? Ron -The 100 year flood plain line is shown on the drawing. Charles Heckman -This property is in the flood plain. I have a map at home showing this from when I was Supervisor and you all should have the same map. Galen -When Shippensburg Townhouses was built, that was revised through Carl Bert's office.. Jack - We did a extensive wet land delineation when we developed our property. There are significant wet lands on this property. I feel there will need to be a wetland delineation for this property. Steve Oldt -DEP will force a study to be done. Charles Heckman -Where is the fence around this property? Ron -There is an existing wire fence, but we do not plan on putting a fence in. Charles - So there isn't going to be a fence. Why? You don't live there, I do. They walk across my property everyday, I pick up junk. They stand right beside my house and urinate. 4 t~I Steve -We talked about this at the planning commission and that can be a condition but there is no fence over on the next property, so I don't know if that is going to solve the problem. Harold Albrecht - Is part of this conditional use to rezone this property R-3. Jim -This is to step down in zoning from commercial general. Harold -This means it will remain C-G? Discussion took place rater this changes it to R-3 or if it remains C-G. Jack - If it is going to stay C-G and you are considering conditions, shouldn't you place conditions on it of like properties are, us being R-2 the neighbor property. Jay -The ordinance specifically states what it will be. It will be considering the specifications and standards of R-3 not R-2 no matter if it is adjacent or not. Jim -Closes the public hearing for conditional use hearing for Shippensburg University Foundation. The regular meeting of the Shippensburg Supervisors is reopened. Jim -explains to supervisors the procedures regarding the two hearings. Brundzo/Asper motion to table the vote on the William and Mary Craig re-zoning request until the November meeting. Unanimous vote. Motion carried. Asper/ Brundzo -Motion to table until the November meeting the Shippensburg University Foundation Plan sa that the sketch can go back to Martin and Martin for father review. Unanimous vote. Motion carried. State Police Report -none .Fire Chief Report -none Ambulance Report -Alma Myers -Apologizes to everyone for not being at the last :two meetings. Tn June the Chief resigned and Alma took on that position on June 16th, so her plate has been full. A report from July 1, 2005 -July 1, 2006 (copy in minutes file). So far this year has been dispatched for 498 calls. Call volume is up because of all the new people moving in the azea. Failed calls are down. More staff has been hired and more volunteers. Matt -refers to failed calls. Asked Alma to explain what this is. . Alma -explains in detail what a failed call is and why they have been cut back and why the Townships response is 100%. Deerfield sketch plan -no one present. Humane Society agreement -Linda Asper explains the agreement for 2007. Copy in packet for supervisors to review. If the Township goes with the agreement the payment of $400 can be made in one or two payments. Brundzo/Asper motion to sign agreement with Humane Society and payment be made in 2 payments January 31st and June 30th .Unanimous vote. Motion carried. Letter requesting grant monies -Linda Asper - At the last meeting of the Zoning Update Steering Committee, Jennifer Straub from the Cumberland County Planning Commission mentioned that there was some grant money let over from another program. 1 ~2 The Supervisors need to submit a letter requesting this money for the update of our zoning ordinance. Brundzo/Asper -Motion to draft a letter to the Cumberland County Planning Commission requesting grant monies to update our zoning ordinance. Unanimous vote. Motion carried. Traffic Signal Improvement -Steve Oldt -Has a request for Supervisors to approve funding. The money ear marked from Todd Platt's Office for the inner loop is going to re-appropriated for traffic signal improvements since the inner loop is not going to happen.. The 5hippensburg University did a traffic study of improvements needed to the traffic light system. The total dollars they came up that was needed was $370,000. A 20% match is needed. A commitment is needed from the Borough and the Township. They are requesting the Township and Borough to each contribute $4000 per year for 4 years to this project. This totals $16,000 for the Township: These improvements are going to be a good enhancement to the light system in the Township and Borough. New software will connect the traffic light system that will alleviate the traffic congestion when the ambulance and fire trucks need to go out. There is also going to be a few left turn lanes created. This project is going to take years. Matt -questions if Block Grant monies can be used. Steve -Called Tom Fields of the Cumberland County Redevelopment Authority. Tom will have to research this, but he feels this project should qualify. Galen - If we don't join in on this, in the future it could cost us up to $100,000 or more. Irvin Keefer -Walks Route 11 and at 3:30 PM it is impossible to cross at Conestoga Drive and why isn't there a light. Matt- PennDot felt there is not a need for a light. We can have the state come up and do ______. a review, but it is there call. Jay-Can you fmd out what the requirement is. There was supposed to be money escrowed for a light there. Steve -Just remember the financial implication here. A light could cost up to $300,000 and I know that was nowhere near the escrow amount. Brundzo/Asper Motion that we follow up on the signal improvement study and apply for the Block Grant that maybe available. Unanimous vote. Motion carried. Solicitor Report Jim Robinson Attended the fall seminar of Township Solicitors. The attorney for the Dept. of Labor and Industry regarding the regulations for the Uniform Construction Code was present. The subject of the new construction at the Hershey Medical Center was discussed. They are going through the same situation that the Township went through will the Shippensburg University regarding building permits. Jim also enlisted the aid of several attorneys that know much more about amusement tax. He hopes to have something to report at next meeting. TV Cable regulations were discussed regarding being State regulated instead of local government regulated. There was a discussion regarding this matter and if the franchise fees can be budgeted for 2007. Jim seems to feel it is safe for the coming year to budget the projected amounts. Matt -questions where the Township stands with the deed for the lot that the maintenance shed sets on. ~_.~ Fu 6 L~~ Steve- reports that the deed that was presented to Mickey Nye from John McCrea, Mickey says it was not the right deed descriptions. The deed is back to John McCrea. Jim -asked if the property is being taxed. Galen -Doesn't know if the Hollar Estate is paying taxes. Jim -Who transferred the property to the Township? Galen - I think you need to contact Harold Kauffman. Jim - I will have some information at the next meeting. I wouldn't promise you how much it will be. Supervisor Report Matt -Has had some concerned residents asking about bulk pickup. Will look into somehow being able to do it some Saturday out at the park. We will need some help to make sure it is township residents coming to the site; may need to require identification. Maybe in the spring, we can pick it up along the streets. There is some money available that we maybe able to get some subsidy to offset our cost for this pickup. The crosswalk at Bard Meadows. The reason the light doesn't work is because the students don't want to walk up to the button to activate the light. The button is 10-15 feet away from the crosswalk and apparently that is too far to walk, The light does work because Matt did try it. Galen Reports that the crosswalk lighting will be done at Giant. PennDot approved the project. The pedestrian walk way is under construction. Treasurers Report -Steve -Report is in packet. We are working on the budget for 2047. BrundzolAsper motion to accept Treasurer's report as presented. Unanimous vote. Motion carried. Public Comment Bernita Gilbert - Is there a township ordinance that you have to keep you property in decent condition. Galen -yes Bernita -Then why is there a property on Route 11 that is an eye sore. General consensus is the property being discussed is owned by G & C. Steve -asked Matt if he is working with Tom Imphong of Cumberland County. Matt- Yes and I have a contact in Franklin Co. Jay -Refers to last month's minutes and Clair Hammonds question about brush recycling. The Borough has pasted an ordinance that townships can use the brush recycling plant. The fee will be $20 per year per resident who uses the facility. No grass is permitted. Discussion took place regarding what to do with grass clippings. Cumb. Co. recycling will come and show you how to do composting. Jay -refers to the issues with the junk cars that were discussed at last months meeting. What was done about this? Linda -Angie, the Code Enforcement Officer, notified each individual who was mentioned by certified mail of the situation. Matt -How long are they given? 7 134 Linda - I don't know, Angie takes care of this under the nuisance ordinance provisions. Jay -Refers to the Conditional Use Approval. Has been requesting for a year that a written decision is required. To his knowledge, no written decision has been given to date. Recommends that the Supervisors assign the responsibility of preparing the written decision to the attorney who attended the hearing. All Supervisors should sign the document and the applicant should receive a copy within 45 days after the last date of the hearing. Suggest the Supervisors make a motion to this effect. Jim -The MPC does state that the applicant is to receive written notification of the approval with conditions or denial of Conditional Use application. Linda - Which I do issue a permit. Jim - I don't feel a motion is required since it is also stated in the MPC. Jay - A written decision is needed in case there is an appeal. This needs to be more formal that a permit. This should be sent certified mail so receipt is shown. Matt- If this is the standard operating procedure for Conditional Use application, and it is not being followed, where does that leave the Township with prior approvals? Jim There are a Iot of Townships that do not send a letter out if it has been approved. Conditional Use has an appeal period of 34 days. You haven't rendered any decisions within the last 30 days so any appeal periods has elapsed. So as far as prior decisions made there is not a problem. For today's Conditional Use Hearing and any that comes up in the future, it is my intent to prepare such letters. For today's hearing this won't happen until November. Jim will prepare a motion in wording he is happy with and this will be presented to Supervisors at meeting in November. Asper/Brundzo -motion to approve September disbursements as presented. Unanimous vote. Motion carried. BrundzolAsper motion to adjourn. M' tes R spectfully Submitted Linda Asper Township Clerk ~-rYl ~°'K v ~..L,- ~;./ 8 ~\y ~~% ~ martin and martin ,incorporated 37 south main Street • suite A • chambersburg, Pennsylvania • 17201-2251 (7 i 7) 264-6759 (717) 264-7339 (fax) email: mactinmartin~innernet.net October i 6, 2006 Sl~ippensburg Township Supervisors P.O. Box 2i 9 Shippensburg, PA 17257 Re: Conditional Use Application Revised Sketch Plan C Shippensburg University Foundation Townhomes -Hot Point Avcnuc Our file: 492.153 (GtP-T4/492153A) Gentletncn: Our offer has reviewed a revise sketch plan for the Conditiottaf use application for the Shippensburg University Foundation relative to a property zoned C~G located an the north side of Hot Point Avenue. The proposal is to develop 21 to'wtthouse units. A conditional use is required as per the Township's progressive zoning requirements. Our officx: previously reviewed the application on September l8. The plan has changed slightly to allow for a separate means of emergency exit, rather than utilising tlu: existing drive on the adjoining Shippensburg Townhouses II property. Aur office has no objection lb the proposed to the proposed emergency exit. We understand the fire chief has provided input in this regard. Aside from this change, our comments remain much the sam~o as before and are reiterated below for your convenience. We continue to note throe items for the Toamship to consider relative to the project's design. I ) It may be appropriate to require some form of screening between this property and its neighbors to the east. 2) Also, the ordir-anoe requires that a tninunu~ of 20°!0 of the property be reserved and developed for outdoor recreation. These items should be discuceed with the applicant and satisfod as part of any approval. Finally, 3) tht Ordinance allows townhouse units in the R-2 and R 3 districts. However, it is only specific to the number of units allowed in one building undcjr the R-2 regulations where a maximum of six units is permittied. ~T'he applicant has applied under the R-3 rcgulat~ans which are silent an the issue. We would rccommead that this same standard (six maximum units in ot~e building} be applied in this case. Such a requirement would tx appropriate for the purposes of both aesthetics and fire safdty and would Lead to a more attractive project that blends better widz the existing neighborhood. The Township should not p[aee itself in a position where an unlimited number of units are allowed to be attached is one exceedingly lengthy building. This may result in a re~xamintstion by the designer for how to site an equal number of units. MUNICIPAL • URBAN • REGIONAL • LAND DE1(ELOPMENT AND ENVIRONMENTAL PLANNERS MUNICIPAL r CIVIL • SANITARY • SOLID WASTE AND ENVIRONMENTAL ENGINEERS a vitoicuun tt:cr t'tiA !1'(Lt34lJ3M mnxltf`~ ac MAx1liV -! JiilYt'251VJCUKIi 111Y I~UU~ Shippeasburg Township Supervisors tJctober 16, 2006 Page 2 AN of Shippensbwg 'Township's subdivision, land development and zoning requirements will have to be met at tho time of any formal plan subaiiss~on. Should you Save any questions concernung this correspondence, please don't hesitate to contact this office at your convenience. Yery truly yours, MART[Ai AND MAR'I'1N, INCpRPORATEP ti Wit ~• Q"~--°"-~- rimothy c_ cow,-, a.~.c.~. rcc cc: Planning trvrnmission CEDG, Inc. •. nV lrwv L GVVlS 11:04/S1. 7l:bR/NO. 7800000366 P 7 2601 West 26`~ Street Eric, PA 16506 {814)833.8900 (814) 838-0700 fax November 2, 2006 Shippensburg Township Office Attn: Shippcnsburg Township Supervisors Planning & Engineering Department 81 Walnut Bottom Road Shippensburg, PA 17257 Dear Supervisors: Subject: SU Foundation Conditional Use Application I would 111ce to offer the following observations in response to the Conditional Use Application thz SU Foundation has asked the Supervisors to consider. First, it appears the Township Ordinance does not consider any residential use a permitted use or even a conditional use within the Commercial General District. (Article VI, Section ti01-30). Both of the subject parcels are zoned Commercial General and specifically identified by the Township to be used for some type of commercial development. This is an ideal area for new cornmcrcial development to prnvide services to the catrununity. It is also the only commercially zoned area left on the west side of Shippensburg Township. The only other area has already been fumed into college dormitories (Stone Ridge). If you were to permit this to become residential also, you would be removing the opportunity for this property to developed into a shopping canter, a restaurant or any other community service establishment for which you specifically designated for this land. During the Supervisors hearing last month, the SU Foundation (Crystal Miracle) admitted they intend to remove this property from the tax role. If this commercial property is permitted to be developed for student housing use, it will inevitably demand Township services but the owner (SU Foundation) would not be contributing to the expense to provide those services. I feel the SU Foundation would be abusing their position as a taz-free entity by taking tax relief in a business traditionally required to pay tax. If the Supervisors vote to permit the SU Foundation's request, I strongly recommend the Township Supervisors demand taxes continue to be paid as a CONDITION OF USE. ....................... As I mentioned during the hearing, I believe it is imperative the Township continue to follow proper procedure. The plan presented at the Supervisors Hearing was not the plan the Planning Committee reviewed nor was it the plan Martin & Martin reviewed. There have been significant changes which should be reviewed by the Planning Commission and Martin & Martin prior to a decision on the conditional use permit. Their recommendations and comments may be different after reviewing the NEW plan. If the Supervisors do not fully understand the actual project and render a decision, the Township may loose the ability to impose necessary "condition" on the use. I also believe it is proper procedure to ask for comment from Cumberland County. Not until all these steps are taken will the Supervisors have the proper information to make an informed decision. S' rely, --~-- ck ordon CC: Galen Asper 399 Baltimore Road Shippensburg, PA 17257 John Bard 5 Bard Road Shippensburg, PA 17257 Mathew Brundzo 30 Briarcliff Drive Shippensburg, PA 17257 Jim Robinson TURD LAW OFFICES 28 S Pitt Street Carlisle, PA 17013-3211 Tim Cormany, Toumship Engineer Martin & Martin 37 South Main Street, Suite A Chambersburg, PA 17201 'vigilant Hose Company 129 East King Street Shippensburg, Pa. 17257 717-532-2345 TO: SHIPPENSBURG TOWNSHIP SUPERVISORS FROM: CHIEF CLYDE T SUB3ECT: SU FOUNDATION TOWNHOUSE DEVELOPMENT -HOT POINTE AVE DATE: 10!4!06 Clyde Tinner Fire Clrief I have looked at the revised plans of the townhouse development off Hot Pointe Avenue, to the rear of Bard Meadows Apartments. -The following concerns from the Emergency Services provider have been addressed: Access 1 Egress 1. Changes have been made to allow large vehicles easier entrance and exitfrom properties. 2. There will be emergency vehicle access around all units. The construction of the access road was not confirmed. However, I was told the base would be such for large vehicles (wt 80,000 Lbs.) Fire Hydrant Placement 1. Fire hydrant placement was addressed. There will be one at the entrance and two additional inside the complex. The fire hydrants will be at each end. Long Building Lengths 1. Access will be available around the entire buildings. The base of the access road must support an 80,000 Lbs vehicle. Fire Alarm Svstem 1. The fire alarm system will go to a central answering point (24 hour service) that will notify the fire department first. This must be part of the conditional use. The fire department must be the first responder notified by the alarm company, regardless of the alarm company that receives the fire alarm. . . • I35 The November 4, 2006 regularly scheduled meeting of the Shippensburg Township Supervisors was called to order at 8:OOam by Chairman, Galen Asper. All Supervisors were present. This is a briefing of the meeting. The actual minutes are on tape. BardBrundzo motion to approve October minutes as presented. Unanimous vote. Motion carried. Fire Chief Report -Kenneth Nehf Jr. Vigilant Hose responded to 57 calls in month of October, 13 of these were in Shippensburg Township. On October 15`h the Fire Co. dedicated the new engine that was put in service back in April. Supervisors give Mr. Nehf the Fire Relief check in the amount of $21,465.15 for Vigilant Hose Fire Co. Ambulance Report -None Sealed Bids Bid opening for 1992 Dodge that Township needs to sell. Two sealed bids received ls` bid opened is from Ronald Swope in the amount of $1,201.13 2na bid opened is from R & R Roofing in the amount of $1702.00 BrundzoBard motion to accept R & R Roofing bid in the amount of $1702.00. Unanimous vote. Motion carried. Bid opening for a new 2007 3/ ton 4x4 2500 pick up Two sealed bids received 1 S` bid is from Frederick Chevrolet in Lebanon PA in the amount of $22,789.00 2na bid is from H & H Chevrolet $24,326.00 Brundzo motion to accept Frederick Chevrolet bid John will look over the bids to make sure they meet the specifications requested. One thing different that John sees immediately is Frederick Chevrolet delivery date is 8 weeks and H & H is 5 days. This truck is needed before snow flies. Jim Robinson explains that if the truck is needed before snow flies then it is deemed acceptable to accept the higher bid. The difference in value is $ 1,537.00. John will look over specifications while meeting continues and bid will be awarded later in meeting. State Police Report -Sergeant Mays a patrol sergeant. Wants to know if residents have any concerns or request. Sergeant Mays has reviewed data for the Township and are seeing more and more students coming in to take care of partying events. Has received a lot of assistance from Borough Police and University Police in controlling these events. Things are rolling along ok right now. Galen: Praises the State Police on the job they are doing. Matt -Questions average response time Sergeant Mays - We have someone in the area at all times. During Homecoming we had 6 cars in the area. During the school year we have a car specific assigned to Shippensburg Township Friday thru Sunday.. Other times a car is in Southampton Township and Shippensburg Township. As far as average response time he will have to get back on that. 1~~ ~., ~~ ~~ ~ I Matt - I realize that during the school year there is more of a presence than spring and summer. Wendy Carnes -Let me clarify that during the school year Friday, Saturday and Sunday you have one car assigned to Shippensburg Township and during the rest of the week one car is divided between Southampton Township and Shippensburg Township? Sergeant Mays -Yes, and there is overlap. Thursday night seems to be the big night for partying. So a car is assigned to the Township Thursday night also. Franklin County state police will check in and help during special events. Back to the truck bids the specifications appear the same with a quick look except Frederick Chevrolet is giving a bigger discount on the options. Brundzo withdraws previous motion. Brundzo/Asper motion that due to time frame of delivery the supervisors accept the H & H Chevrolet bid. Unanimous vote. Motion carried. William Craig zoning request Jim Robinson explains that the public hearing was held last month and under the MPC the Supervisors have 45 days after the hearing to render a decision. Some of the testimony given at the last meeting was that this request with additional information was to be presented to the Planning Commission again in October. Galen - It is his understanding that this went before the Planning Commission in October and was a unanimous vote to recommend approval. I wasn't too much for this until I listened to Mr. Craig. Everything around this piece of land is commercial except for the wetlands and it will be like an island. I understand being a farmer myself you don't make any money in grains. But for somebody to make money on this land it could be commercial farming which could be cattle, chickens, hogs, etc. I am looking at it another way now. Shippensburg Township is turning into a town and to have an island of farming, this is not good. To have commercial farming in there, that would not be nice in the middle of a town. Matt -There was a meeting 6-8 weeks ago with the water authority and the concern is the water main out there is not big enough so a new main will have to be build. The Water Authority says by 2010 we might be in trouble for water and we may need to look for other sources. We as Supervisors need to be concerned on the impact on public also the MPC states we should not impact wetlands and I have a very big concern with this being commercial around the wetlands. The other concern is when the Township did the whole rezoning structure and did the front portion commercial and why Mr. Craig did not come forward and request to have the whole portion commercial. I appreciate Mr. Craig being on the advisory board for redoing the zoning ordinance and hopefully whatever decision we make I hope this does not affect his participation on this board. The other aspect is we could end up with a commercial farming operation which is not suitable. John-They farmed the ground all their lives and paid the taxes, now comes a time in their life that they may want to sell some of the ground and commercial ground has more value that farm ground. I know Cumberland County Planning Commission says this is prime farm ground, but I disagree. There are breaks all through the fields and limestone sticking up. 2 137 s • r ~ Galen - Regarding Matt's comment about possible water shortage in the future, I agree, but we do not want to pick on one pick of land. Bard/Asper motion to grant the William Craig zoning request. 2-1 vote. Motion carried. Shippensburg Foundatian Conditional Use Request Jim Robinson -Refers to the fact that a Conditional Use Hearing was held regarding step down zoning for this land to be use for student housing by the Shippensburg University Foundation. According to the MPC the Supervisors have 45 days after the hearing to act on this request. Tim explains the options the Supervisors have. There were several conditions being kicked around by the Supervisors as a result of the hearing last month. 1. require fencing along some of the abutting properties 2. require sidewalks along Hot Point Avenue 3. concern regarding the requirements of this complex in case of an emergency. Discussion took place as to the Fire Co. being the first responder as opposed to the University. 4. whether there could be a condition that this property not be removed from the tax rolls. My research is not definitive whether you can attach this as a condition to a Conditional Use; however, my research is also showing that the use as presented to you is not atax-exempt use because it is a profit making and income use property. At this time I recommend that you do attach this as a condition. John - I also think we need the condition that there be 24/7 on site management and this can not be a student. .--Jim-That-is-a-~iolatg-condition-since-yau-lia~+~e-attached-it-tn-vti~er-simiiar-properties--- Galen -Can we put the condition in there that if they take it off the tax roll that they have to donate so much money a year? Jim -Probably not. John -Regarding the fence, we need to detail how high, where, etc. Jim -That has to be expressed in such a way that it is understandable what is needed. Linda Asper Does the Knox box requirement need to be installed since that is an ordinance? Matt -Concerned about stormwater runoff draining into stream. Ron Stephens-Shows diagram of the site. This diagram is different from last. Building has been moved. Infiltration for water coming off the parking lot. Grass paved emergency ingress and egress. Jay was revised sketch sent to Martin and Martin and if so what was their reply. Galen - Copy of recommendations from Martin & Martin in minutes file. Matt- Is there still the 20% recommended recreation area? Jim -That will be shown on the Land Development Plan. Bard/Asper motion to approve the Conditional Use application of the Shippensburg University Foundation on the five conditions discussed: 1. Fence should be around 3 sides of the property, east, west, & north sides. Fence being 8 feet high. 2. Sidewalk along Hot Point Avenue 3. Fire Department must be first responder in emergency cases. f.~? 138 ,~.: ~~ Y J 4. Property must remain on the tax rolls. 5. On site, non-student management 24t7 Unanimous vote. Motion carried. Shippensburg University Parking Lot Expansion l~nal Land Development Plan BardBrundzo motion to waive the Preliminary Plan requirement. Unanimous vote. Motion carried. Carl Bert -Comments that the few outstanding comments of Martin and Martin are satisfactory and will be addressed. Are still waiting on Cumberland County Conservation and DEP approvals. Bard - Is this going to be a paid parking lot where you need to pay to park? Carl -It will be the same as the other University parking lot over by the Chapel where you pay for a sticker. This lot will be for students while they are attending classes. AsperBard motion to approve the Shippensburg University Parking Lot Expansion Finai Land Development Plan contingent upon meeting all Martin and Martin comments dated October 16, 2006. Unanimous vote. Motion carried. Apex Village -Letter has been received by the Township stating that the stormwater issue has been resolved. 2007 Proposed Budget BrundzolAsper motion to advertise the 2007 proposed budget for action at the December 2, 2006 Supervisors meeting. Unanimous vote. Motion carried. Senior agreement Matt -This is an intermunicipal agreement between Shippensburg Township, Shippensburg Borough and the two Southamptons to participate in a fair share aspect that is based on the percentages of people that use the Senior Center which is now out at the Southampton Cumberland County activity center. Southampton Cumberland took on sponsorship of the Senior Center. The cost to Shippensburg Township is just a little under $2,000. Every year there will be a review to determine the cost for the next year. Jim Robinson -Has. reviewed the agreement and from the legal aspect the agreement is fine. Brundzo/Asper motion recommending approval of the Intermunicipal agreement regarding the Senior Center. Unanimous vote. Motion carried. Jay -Questions Matt regarding the meeting he attended with the Cumberland County Commissioners and what the meeting outcome was. Matt -Basically that Southampton Cumberland is making a long term commitment with a short term resolution to a long term problem. Cumberland and Franklin County has increased their funding to the senior center. Jay -Was this a result of your visit? 4 ' I39 Matt -Yes and no, they basically set down and looked at everything and determined how grave it was going to be. All the senior centers will be getting an increase in Cumberland and Franklin County. There was going to be a $12,000 deficit. This breakdown is based on the seniors from each municipality. Southampton Cumberland does not pay a fee since they are the sponsors. A meeting will take place July of each year with a representative from each municipality as well as the county to review cost for the coming year. Solicitor Report Jim -At the October meeting Mr. Chamberlin presented the supervisors with a motion regarding Conditional Use Hearings. Jim feels this just reiterates what the Municipal Planning Code says regarding written notice of the outcome which would include written decision of the Supervisors and any conditions attached and if required finding of fact and provisions of the MPC in making that decision. The motion before the Supervisors is basically generic. The required notices will be provided by him and he will forward to the Supervisors. Linda Asper - Do we still do a permit? Jim -Yes, this is in addition to. AsperBard-motion that in accordance with the requirements of section 913.2B of the Pennsylvania Planning Code pertaining the Conditional Uses the Township Solicitor will be ordered to prepare a written decision for each Condition Use Application to include the conditions approved, findings of fact, and previsions relied on such decision to be mailed to the applicant by the Board of Supervisors or Solicitor. Unanimous vote. Motion carried. Regarding the possibility if Shippensburg Township has the authority to pass an Amusement Tax and if so how would it be applied. First of all the Township does have the authority to pass an amusement tax. Any Ordinance in that regard has to be passed evenly across the Township. This tax is applied to the ticket involved. The event has to happen in the Township. Still has additional research to do. Galen -Can we pass the Ordinance and not enforce it? Jim -Certainly. Jim - The EMST (Emergency Municipal Service Tax). Has received something on the web site from PSATS. There is a bill in front of the Governor regarding the tax structure. First of all there has to be a $12,000 exemption. The other thing it can not be charged lump sum to the employees. It will become a payroll deduction. Jim feels this will be signed by the Governor. It will effective for year 2007. Treasurer's Report- Steve Oldt was not present. Report is in handout packet. Supervisors Report - Matt Ask everyone to take a trip to park and see the new pavilion. Almost finished. BrundzoBard -motion to accept Treasurers Report. Unanimous vote. Motion carried. 5 • w . ,,.,,,~ ~ 4-n F ~ ~ ~ • Lyy ~r+' Public Comments - Jay Chamberlin - (reviewing last month minutes} ask if letter was prepared to Cumberland County Planning Commission regarding request for grant monies. Linda Asper No reply yet Jay -Steve asked if Steve has heard back regarding his inquiry to Tam Fields at the Redevelopment Authority about if the traffic signals will qualify as an acceptable use of CDBG Funds. Linda -Haven't heard anything Jay -Regarding the discussion on the Rt. 11 issue and possible traffic light. John -That is a PennDot issue. Jay -What warrants a traffic study and what have you done about all the things the citizens bought up. Jay -Regarding if the Hollaz Estate has paid taxes on the property that the maintenance shed sets on. Jim -Still working on that. I may have something to report at next meeting, but I am not real confident of that John -This all came about because the Supervisors and Solicitor at that time did not have the deed recorded. Discussion took place regarding the ownership of the property that the maintenance shed sets on. This sale took place back in the 70's and appazently the deed was never recorder. It is just a matter of clearing this up with the Hollar Estate. There are papers that show the Township paid for this land. 3ay -Regarding the property along Rt. 11 that was reported to be an eyesore. Jim -I did have a face to face conversation with Mr. Cassidy on this matter. I also have letter prepared to send to him, has anyone been by the property. Galen -I go by it everyday. It is somewhat cleaned up but there is still junk there. It's hard to tell what is junk and what isn't junk Linda Angie has went round and round on this matter. Asks Jim to just deal with it. Jay -Says there has been a shed added right against the highway. Galen Will check on this. At this point in the meeting, John Bard has to leave due to a Doctor's appointment. Jay -The state flag flying in front of Township Building is a little tattered. Galen - I ordered new flags 2 days ago; I will try to get them up before election. Jay Regarding the EMST, he recommends an account be established for this tax so accountability can be shown. Matt -It is listed in the Budget as coming in. Linda - At the end of the year the Auditors do a report showing this. Discussion took place regarding if this needs to be done or not. Linda tries to explain that it is shown under budget numbers. Jay -Regarding discussion that took place at the last meeting regarding deemed approval and deemed denial. I had stated that if you didn't render a decision during the time allotted it is ruled in favor of the applicant. Jim -Explains the logic behind deemed approval and deemed denial. 6 ., .- ~ 141 Galen -Explains that the meeting has to end because Linda Asper has to pick up election supplies at the election bureau. Wendy Carnes - I want to take exception to Supervisor Bard's comment blaming past Township Officials for the situation of the maintenance shed. Perhaps it may be where to issues started, but it is your responsibility as Township Officials to look out for the Township and make sure certain functions are taken care of correctly. Also, Mr. Chairman, your comments about the Craig zoning, I realize you do not want to penalize one party but how did that property become an island in a sea of commercial property. That again was Supervisors decisions. You mention we are all going to be in a problem with water and sever in the future. That again is a function of the Supervisors to plan and prepare for. Galen -Granted the sewer and water is an issue that I am concerned about. Asper/Brundzo -Motion to approve October disbursements as presented. Unanimous vote. Motion carried. Brundzo/Asper motion to adjourn. Unanimous vote. Motion carried. Minutes Respectfully Submitted. Linda Asper Township Clerk 7 i' ~ •, • SHIPPENSBURG TOWNHOUSES II, LLC, Appellant v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2006-6887 CIVIL Respondents :LAND USE APPEAL THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor CERTIFICATE OF SERVICE I, James M. Robinson, Esquire, attorney for the Respondents, Shippensburg Township and Shippensburg Township Board of Supervisors, have served the attached Precipe and Record by mailing a copy by First Class Mail, postage prepaid as follows: Knox McLaughlin Gomall & Sennett, P.C Brian Glowacki, Esquire Neal R. Devlin, Esquire 120 West Tenth Street Erie, PA 16501-1461 ~ l ~,o~ Date Rhoads & Sinon, LLP Lawrence B. Abrams, Esquire Kenneth L. Joel, Esquire One South Market Square, Twelfth Floor P. O. Box 1146 Harrisburg, PA 1 71 08-1 1 46 Js M. Rob' son, Esquire A mey I.D. 133 Turo Law Offs s 28 South Pitt Street Carlisle, PA 17013 Phone: 717-245-9688 ~' + ~ { ..C..~ S- 4. , " T ~ r, h ~~C ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Appellant vs. SHIPPENSBURG TOWNSHIP and THE SHIPPENS~URG TOWNSHIP BOARD OF SUPERVISORS, Respondent THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor Civil Division No. 06-6887 Civil Term Land Use Appeal CONSENTED TO MOTION TO CONTINUE HEARING Shippensburg University Foundation ("Foundation"), by its attorneys, Rhoads & Sinon LLP, files this Consented to Motion to Continue Hearing. In support of this Motion, the Foundation states as follows. 1. The instant Land Use Appeal stems from Appellant's opposition to Shippensburg Township's ("Township") decision to grant a Conditional Use permit under its zoning ordinance. 2. Appellant, Shippensburg Townhouses II, LLC, filed the present Land Use Appeal g~g~~$:~ on or about November 29, 2006. ("Conditional Use Appeal"). The Foundation intervened, as of .. right, to defend the Township's decision granting the Conditional Use on or about December 1, 2006. 3. Thereafter, at its regular December 2, 2006 meeting, the Township also approved the Foundation's Land Development Plan for its Hot Point Avenue property (the "Plan"). 4. On or about December 28, 2006, Appellant filed a Land Use Appeal of the Land Development Plan. This appeal, which Appellant characterizes as being a companion case, is found at Docket No. 06-7323. ("Plan Appeal"). 5. The Foundation intervened, as of right, into the Plan Appeal to defend the Township's approval of its Final Land Development Plan. 6. Appellant herein also filed a Complaint in Equity on or about December 28, 2006. This Equity Action is found at Docket No. 06-7319 ("Equity Action"). The Foundation, with the consent of Appellant and the Township, has filed a Petition to Intervene into that Equity Action to defend the Township's approval of its Land Development Plan. The Foundation has proposed filing Preliminary Objections to the Equity Action. 7. The Foundation filed a Petition seeking that Appellant be required to post a bond as a condition to proceeding with its Conditional Use Appeal. A hearing on this Petition is presently scheduled for January 22, 2007. 8. Without admitting or denying any procedural issues, with the Foundation's consent, the Township has placed a reasonable opportunity for public comment on matters of concern to be followed by action on the Plan on its agenda for its regular public meeting on February 3, 2007. 9. Given the Township's rescheduling of action on the Plan, the multiplicity of suits, and the recent filings, the parties believe that a brief postponement of the hearing is warranted so that the legal issues can be refined and a more efficient presentation to this Court can be made. 10. Counsel for Appellant concurs with the request as does counsel for the Township. 11. Additionally, counsel for the Appellant recently learned of a medical issue involving his immediate family that requires he be in Pittsburgh on January 22, 2007. For this additional reason, counsel for the Appellant concurs in this request. 12. The Foundation and Appellant believe that this matter would be appropriate for a hearing any time after February 5, 2007. WHEREFORE, the Foundation, with the concurrence of Appellant and the Township, respectfully request that this Court postpone and continue the hearing, presently scheduled for January 22, 2007, to a date certain after February 5, 2007. Dated: January 17, 2007 Respectfully submitted, BROADS & SINON LLP By: enneth L. J ,Esquire Lawrence B. Abrams, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorney for Shippensburg University Foundation CERTIFICATE OF SERVICE I hereby certify that on January 17, 2007, a true and correct copy of the foregoing Consented to Motion to Continue Hearing was sent overnight by Federal Express to the following: Neal R. Devlin, Esquire Know McLaughlin Gornall & Sennett, P.C. 120 West Tenth Street Erie, PA 16501-1461 James M. Robinson, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Brian Glowacki, Esquire Knox McLaughlin Gornall & Sennett, P.C. 120 West Tenth Street Erie, PA 16501-1461 ~~ nn M. Fetrow ~"1 t ~' v ---- _~, , _ ~ {~-,, --~ ~ ~ °,'i ;-; ~ .,`~ ~ ~y ~ ; ~ ' ~aN i 8 zoo? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Appellant vs. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Respondent THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor Civil Division No. 06-6887 Civil Term Land Use Appeal ORDER --~ AND NOW, this/ ay of U/~/~/[,(~ , 2007, for good cause shown and for the J. reasons set forth in the Consented to Motion to Continue Hearing, it is ORDERED that the ~F'2~`L hearing presently scheduled for January 22, 2007 is CONTINUED and rescheduled for G/E Al~~~ 2007 a~~ ~~ .~ in Court Room No_ 5 S{ ~~..o ~` ~; ` ~' s' Af''r!~ ~~ ~t, f„~~~ ~~ ~~t ~~U~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SHII'PENSBURG TOWNHOUSES II, ) Civil Division LLC, ) Appellant ) NO. CI-06-6887 v. 1 SHIPPENSBURG TOWNSHIP and THE ) SHII'PENSBURG TOWNSHIP BOARD ) OF SUPERVISORS, ) Land Use Appeal Respondent ) THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor APPELLANTS RESPONSE TO PETITION FOR ORDER REQUIRING APPELLANTS TO POST BOND AS A CONDITION TO PROCEEDING WITH THE APPEAL AND NOW, comes Shippensburg Townhouses II, LLC, by and through its counsel, Knox McLaughlin Gornall & Sennett, P.C., and files the following Response to Landowner's Petition for Order Requiring Appellants to Post Bond as a Condition to Proceeding with the Appeal: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Shippensburg Township's Supervisors granted Intervenor a conditional use permit on November 4, 2006. It is further admitted that this permit was granted for the construction of a townhouse development as described in Intervenor's application (the "Application"). It is specifically denied that the Supervisors properly granted this conditional use permit or that it was granted, or could have been properly granted, to allow for the development of townhouses in accordance with the "Plans" attached as Exhibits "A" and "B" to Intervenor's Petition. 3. Admitted in part and denied in part. It is admitted that a public hearing on the Application was held on October 7, 2006. It is further admitted that the Supervisors imposed some conditions on the conditional use permit that they granted. It is denied that the Township followed appropriate procedures with respect to the Application for a conditional use permit. To the contrary, the Application was processed in a manner that did not address substantial and expressed concerns regarding the propriety of the development as proposed by the Intervenor and that frustrated the public's ability to provide comment on it that application. After reasonable investigation, Appellant is without sufficient knowledge regarding the level of review, if any, engaged in by the Township Planning Commission regarding the Intervenor's application to either admit or deny the Intervenor's allegation on this point and, therefore, that allegation is denied. 4. After reasonable investigation, Appellant is without sufficient information regarding the timing necessary for the Intervenor to "build, accommodate and provide new housing" on its property to either admit or deny the allegations in paragraph 4 of the Intervenor's Petition. Therefore, those allegations are denied. 5. Admitted in part and denied in part. It is admitted that Appellant is the owner of 36 acres of land adjacent to the Intervenor's property. It is denied that Appellant has 136 townhouse apartment units on the property. To the contrary, Appellant has 172 units on its property. In further response, it was Appellant's property and development with which the Intervenor's alleged their development would be in harmony. It is specifically denied that Appellant "fears" any competition from Intervenor's proposed development. To the contrary, -2- Appellant has consistently expressed that it welcomes a development that would be in harmony with its development, Intervenor's project is not such a development. 6. Admitted in part and denied in part. It is admitted that a representative of Appellant attended the October 7, 2006 and November 4, 2006 public hearings on the Application. It is further admitted that Appellant's representative was able to provide some public comment at the October 7, 2006 meeting. It is specifically denied that either public hearing was conducted in a manner that allowed for substantial or effective review of the various concerns voiced by Appellant and others regarding the Application. It is specifically denied that Appellant has filed this Land Use Appeal "in an attempt to defeat and now delay the ultimate completion date" of the Intervenor's project. To the contrary, Appellant has consistently voiced is objections and concerns regarding the Application and Intervenor's project, many of which have been echoed by the Township's own engineer. Appellant has filed this Land Use Appeal to seek redress from the Township's and Supervisors' decision to grant the Conditional Use Permit that was both legally erroneous and an abuse of discretion. 7. Admitted. 8. Admitted in part and denied in part. It is admitted that the Plans submitted with the Application reference the R-3 residential zone. It is specifically denied that the inclusion of this reference in the Plans amounted to a request for approval of a conditional use governed by the specifications under the R-3 zoning district. 9. Admitted in part and denied in part. It is admitted that the Intervenor's engineers displayed different versions of the Intervenor's plans at the October 7, 2006 and November 4, 2006 meetings. It is denied that these plans or their reference to the R-3 zoning district "formed a central document in the Conditional Use approval process." To the contrary, -3- the Plans' were changed at each meeting. Further, since the November 4, 2006 grant of the Application, the Intervenor has substantially changed those Plans, including a reconfiguration of the proposed buildings and an elimination of recreational space. 10. Admitted. 11. Admitted in part and denied in part. It is admitted that Paragraph 3, Section 501 of the Shippensburg Township Zoning Ordinance (the "Ordinance"), includes town houses, as an example of a "Single Family Attached Dwelling." It is specifically denied that the Intervenor was legally entitled to a conditional use permit to develop its property under the specifications of the R-3 zoning district. 12. The allegations of paragraph 12 are legal conclusions to which no response is required. To the extent a response is deemed necessary, those allegations are denied. 13. Admitted in part and denied in part. It is admitted that the Application references Section 204 of the Ordinance. It is denied that Section 204 entitles the Intervenor to a conditional use permit to develop its project under the specifications in the R-3 zoning district. 14. Admitted. 15. Denied. It is denied that the Intervenor's project is in harmony with the surrounding neighborhood. It is further denied that Respondents' addressed aspects of the Intervenor's project that are essential to this issue, including issues raised by Respondents' engineers. In further response, within its Application, Intervenor specifically claimed in support for its request for a conditional use permit that its proposed development would be in harmony with Appellant's development. -4- 16. Admitted in part and denied in part. It is admitted that Respondents have filed a procedurally proper answer to the Land Use Appeal. Appellant denies several substantive portions of that Answer. 17. The allegations of paragraph 17 are legal conclusions to which no response is required. To the extent a response is deemed necessary, Appellant denies that its appeal is frivolous. To the contrary, each basis of Appellant's appeal is well supported and correct. 18. After reasonable investigation, appellant is without sufficient information to admit or deny the allegations of paragraph 18 and, therefore, those allegations are denied. In further response, because the Land Use Appeal is not frivolous, the Intervenor's costs associated with it are irrelevant. In further response, Intervenor requested continuances before the Respondents and, therefore, caused any timing constraints it now faces. 19. Denied. On information and belief, Intervenor has not delayed its construction or advertising of its proposed development as a result of this Appeal. In further response, because the Land Use Appeal is not frivolous, any costs or damages incurred by Intervenor as a result of addressing this appeal and the legally erroneous and improper actions taken by the Respondents are irrelevant. -5- WHEREFORE, Appellant, Shippensburg Townhouses II, LLC, respectfully requests that this Court deny Intervenors, the Shippensburg University Foundation's, Petition for Order Requiring Appellants to Post Bond as a Condition to Proceeding with the Appeal. Respectfully submitted, KNOX McLAUGHLIN GO~NAl,~L & SENNET , P`~. , ;' 1 By Brian Gl`"owacki, Esquire PA No. 39076 Neal R. Devlin, Esquire PA No. 89223 120 West Tenth Street Erie, PA 16501-1461 (814) 459-2800 Attorneys for Appellant # 710873 -6- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, ) Civil Division LLC, ) Appellant ) NO. CI-06-6887 v. SHIPPENSBURG TOWNSHIP and THE ) SHIPPENSBURG TOWNSHIP BOARD ) OF SUPERVISORS, ) Land Use Appeal Respondent ) CERTIFICATE OF SERVICE It is hereby certified that a true and correct copy of the within Land Use Appeal Notice was served this 25th day of January, 2007, to the following: Via U. S. Mail Delivery, Postage Pre-paid Via Federal Express Priority Overnight James N. Robinson, Esquire 28 South Pitt Street Carlisle, PA 17013 Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Via U.S. Mail Delivery, Postage Pre-paid Lawrence B. Abrams, Esquire Kenneth L. Joel, Esquire One South Market Square 12`h Floor P.O. Box 1147 Harrisburg, PA 17108-1146 ~~ ~ ~ ',~ // ~ r~ /,, Neal R. Devlin, Esquire -7- r-~ ~ ,~.~ r z . c... .--i ?? -r': "5' ~` S~ _ ftZ t""` ~., _ r; s - f,,,a (T .±~ ~i `"f '` ~~ ~ ...._ .~~; ~ S S _ ' ~t~ ' i ~ „ r" ~ ~ c .1 ....a SHIPPENSBURG TOWNHOUSES IN THE COURT OF COMMON PLEAS OF II, LLC, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. SHIPPENSBURG TOWNSHIP : N0.2006 - 6887 CIVIL TERM AND THE SHIPPENSBURG TOWNSHIP BOARD OF . SUPERVISORS, :LAND USE APPEAL Defendant . V. THE SHIPPENSBURG UNIVERSITY FOUNDATION ORDER OF COURT AND NOW, this 2ND day of FEBRUARY, 2007, the hearing scheduled for Wednesday, April 4, 2007, at 1:00 p.m. is RESCHEDULED for MONDAY, APRIL 16, 2007, at 1:00 p.m. in Courtroom # 3. eal R. Devlin, Esquire Brian Glowacki, Esquire 120 West Tenth Street Erie, Pa. 16501-1461 ~ames B. Robinson, Esquire Turo Law Office 28 South Pitt Street Carlisle, Pa. 17013 ~nneth L. Joel, Esquire Lawrence B. Abrams, Esquire One South Market Square P.O. Box 1146 Harrisburg, Pa. 17108-1146 the Court ~' .~ t Edward E. Guido, J. 11 . ` C' 1~f1~ ~1 •~ ~~ ~Jj ~ \~1~.I1 i ~ n1 -t~~~1. SHIPPENSBURG TOWNHOUSES II, LLC,: Appellant v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Respondents THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7323 CIVIL TERM N0. 06-6887 CIVIL term, LAND USE APPEAL ORDER OF COURT AND NOW, this 16th day of April, 2007, after hearing, we are satisfied that Petitioner has proven that there is not a reasonable likelihood of success on appeal. However, we found as a fact that the appeals were not filed for purposes of delay.. If the Appellant's "intention to delay" is one of the elements necessary for a bond to be set, we will deny the request for bond. If we find that it is not an element to be proven, we will set bond in the amount of $90,000.00. Counsel have ten days from today's date within which to file a memorandum of law on this issue. Neal R. Devlin, Esquire For the Appellant James M. Robinson, Esquire For the Respondents Kenneth L. Joel, Esquire Lawrence B. Abrams, Esquire Rhoads & Sinon, LLP For the Intervenor srs Edward E. Guido, J. ~'rt~ ot'~~c~ os P,ov~y ~~~ia, AK/j SHIPPENSBURG TOWNHOUSES IN THE COURT OF COMMON PLEAS OF II, LLC, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. SHIPPENSBURG TOWNSHIP AND THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Defendant N0.2006 - 6887 CIVIL -EQUITY v N0.2006 - 7323 CIVIL -EQUITY THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervener ORDER OF COURT AND NOW, this 27TH day of APRIL, 2007, after hearing on the matter, and having reviewed the briefs filed by the parties, and being satisfied that there was no evidence to show that the prosecution of these appeals will cause delay damages to petitioner/intervener, the request to have Appellant post bond Edward E. Guido, J. Neal R. Devlin, Esquire Brian Glowacki, Esquire 120 West Tenth Street Erie, Pa. 16501-1461 James B. Robinson, Esquire Turo Law Office 28 South Pitt Street Carlisle, Pa. 17013 Kenneth L. Joel, Esquire Lawrence B. Abrams, Esquire One South Market Square P.O. Box 1146 Harrisburg, Pa. 17108-1146 ~. ~~~~IUPi~~'r-II.L'~~ ~Hi 3Q PRAECIPE FOR LISTING CASE FOR ARGUMENT (Mast be typewritten and submitted iin duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) SHIPPENSBURG TOWNHOUSES, II, LLC, Appellant VS. THE SHIPPENSBURG TOWNSHIP AND THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS mss, Respondents THE SHIPPENNBURG UNIVERSITY FOUNDATION, Intervenor No. 6887 2006 Term I . State matter to be azgued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Issues that remain, if any, following Judae Edward Guido's decision regarding Appel ant's Land Use AAneal v1_aae note that 7„dge r,,,;An ranPntly presided 2. Identifycaunselwhowillazguecases: over a Petition for Bond associated with this Land (a) for plaintiff: Use Appeal Neal R. Devlin. Esquire. Knox. McLaughlin, Gornall & Sonnett 120 West Tenth Street. Erie. PA 16501-1461 (b) for defendant: Lawrence B. Abrams , Esquire AND Kenneth L Joel. EsQUire. Rhoads & Sinon LLP (Name and Address) One South Market Scruare, PO Box 1146. Harrisburg, PA 17108 3. I will notify all parties in writiag within two days that this case has been listed for argument 4. Argument Court Date: ,,,i., i i ~nm Pruett your natru ~~\ Tom'' 'Q~ Date: ~ Attorney for ["~ ~ p C ~ -n K.~ ~. _, FMS i ~~ '~y . .T ' ~~~ __ ~r ~~ d/ V 1 - +>v ~ ! ~ ;-~ s3i ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, ) Civil Division LLC, ) Appellant NO. CI-06-6887 v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Land Use Appeal Respondent THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE Appellant, Shippensburg Townhouses, II, LLC, by and through its undersigned counsel, hereby requests that the Prothonotary discontinue the above-captioned matter, and the above-captioned matter only, without prejudice. Respectfully submitted, ]] KNOX McLAU~I-iL GORN~L,L, & . SENNET~,~.C~ j t BY: Neal R. De~61in, Esquire l/ ~ 120 West Tenth Street Erie, Pennsylvania 16501 (814) 459-2800 Attorneys for Appellant Shippensburg Townhouses II, LLC #! 728904 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Appellant Civil Division NO. CI-06-6887 v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Land Use Appeal Respondent THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 1St day of June, 2007, a copy of the within document was served on all counsel of record and unrepresented pai-l}es in accordance with the applicable rules of court. ,~ ~~ Neal R. # 728904 Q ~. c.~ ~-; ~~ ~~ c_. - ~,-, E ~, -r ~ ~ n n~ ~ -~: L s t..~ ~~ -~ i. "t7 ,.r,_ ~~. C 7 C7 y c__• ~ rn - ~ o . ua