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HomeMy WebLinkAbout06-7323IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Appellant v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Respondent Civil Division NO. CI-_ Land Use Appeal )(Companion Action Filed at No. 06-6887) 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 GORN~ & SENNET / ~ C~ /1 ~/ ~ / d G _] 3 a-~ ~ v r~ -~'Gr~ BY: !/ ~~ Neal R. De lin, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Appellant Civil Division NO. CI- D ~ - ~ 3 a-3 c3w ! -~-~~n,. v. SHIl'PENSBURG TOWNSHIl' and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Land Use Appeal Respondent (Companion Action filed at No. 06-6887) 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: 1. 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"). The Application addresses certain property owned by the Foundation (the "Foundation Property") that abuts the Shippensburg Townhouses Property. 6. The Application requested this conditional use permit to allow the Foundation to construct townhouses on the Foundation Property. 7. Within its Application, the Foundation made 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." On November 4, 2006, the Supervisors granted the Foundation's application without identifying the applicable zone district under which the Foundation must comply. 9. On November 30, 2006, Shippensburg Townhouses filed a Notice of Land Use Appeal with this Court at Docket No. 2006-6887 Civil in which Shippensburg Townhouses appealed the Respondents action in granting the Foundation's application. A copy of this Notice of Land Use Appeal is attached hereto as Exhibit A and incorporated by reference. -3- 10. On December 2, 2006, the Supervisors held a meeting at which they reviewed and addressed the Foundation's Land Development Plan (the "Plan"). A copy of the Agenda for this meeting is attached hereto as Exhibit B and incorporated herein by reference. 11. During this meeting, the Foundation's engineers presented the Plan to the Supervisors. 12. The Plan was designated by the Foundation's engineers to comply with the requirements of zoning district R-3, however at no point prior to or during this meeting did the Supervisors identify the zoning district that was applicable to the Foundation's proposed development. 13. On information and belief, because the Supervisors never identified the zoning district with which Foundation must comply, the Foundation unilaterally chose R-3 as the appropriate zoning district 14. The Plan, as presented by the Foundation's engineers, was not presented in a final form. 15. The Plan also did not identify or incorporate any of the changes previously required by Shippensburg's engineers or those requirements imposed upon the Foundation by the Shippensburg Planning Commission, which had previously reviewed and made comments to the Plan. 16. After the Foundation's engineers presented the Plan to the Supervisors, a representative of Shippensburg Townhouses requested the opportunity to provide comment on the Plan. -4- 17. The Supervisors refused to allow the Shippensburg Townhouses representative, or any other individual, to make any comment on the Plan before the Supervisors acted on it. 18. The Supervisors, in successive 2-1 votes, then approved a motion to waive the requirement for a preliminary plan and approved the Plan as the Foundation's Final Land Development Plan. 19. The Respondents' action in approving the Foundation's Plan was an abuse of discretion and erroneous in law for the following reasons: a. The Respondents abused their discretion and acted erroneously under the law in granting the Foundation's application for a conditional use permit. This matter is addressed in Shippensburg Townhouses' Notice of Appeal at Docket No. 2006-6887. Because the conditional use permit should not have been granted, the approval of the Plan premised on that conditional use permit was also an abuse of discretion and erroneous in law. b. The Respondents improperly approved the Plan under the requirements for the R-3 zoning district, when the Foundation may only legally construct its townhouses in accordance with the conditions and specifications provided under zoning district R-2.. c. Approving the Plan will allow the Foundation to develop their property in a manner that is not in harmony with the surrounding neighborhood. -5- d. The Plan did not comply with the requirements imposed by the planning commission or the Respondents' engineer e. The Respondents approved the Plan in a manner that frustrated the public's ability to (i) review complete plan documents; and (ii) comment on the Plan. WHEREFORE, Appellant, Shippensburg Townhouses II, LLC, respectfully submits that the approval of the Shippensburg University Foundation's Land Development Plan 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 Land Development Plan. Respectfully submitted, KNOX McLAUGHLIN GO ALL & SENNET i By ~ Brian wacki, 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 # 702583 -6- rj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Appellant v. SHIl'PENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Civil Division No. cI- L. -- Land Use Appeal Respondent 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 ding 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 may be 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 THXS 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 MAYBE 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. ~ ~ /1 BY: Neal R. Devlin, Esquire EXHIBIT A -, ~:. C?~:L`r~ ~ ~ ~~ na ~:, ~; ~ ~ i" .~ c,a ~, " ~ ~ c~ q ;; l> '~ ~ ''~ `~c~ ~~ ~ ~ rri l ~~~ ca ~ N K --4 ,,~ ./ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Appellant v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIl' BOARD OF SUPERVISORS, Civil Division NO. CI- Land Use Appeal Respondent LAND USE APPEAL NOTICE AND NOW, comes Shippensbuurg 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: 1. Appellant, Shippensburg Townhouses II, LLC {"Shippensburg Townhouses"), is a duly registered Pennsylvania limited liability corporation with a principal business address of 2601 Wes# 26`x' 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. d. 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 addz•ess of 100 Bard Drive, Shippensburg, PA. ("Shippensburg -2- ~r 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 "Foundatian Property") that abuts the Shippensburg Townhouses Property. 6. The Application alleges that the Foundation Property's zoning disti7ct 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 thafi 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 zoniixg 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- .~ c. The Foundation must construct its proposed townhouse development in accordance with the conditions and specifications provided under zaning 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- •r WHEREAS, Appellant, Shippensburg 'T'ownhouses 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 McLAUGHL~j GOR,I~ & /1 SENNETT, P.~ % / i ~~ By /' Brian Glowacki, Esquire ;,. PA No. 39076 Neal R. Devlin, Esquire PA No. 89223 120 West Tenth Street Erie, PA 1G501-1461 (814) 459-2800 Attorneys for Appellant # 702583 -G- No~J. 21. 2046 3:16 PM TH. SENTINEL ShipQen~buri, Pa. Nu. 8015 P, 2 APPT,TCATION FOR CQNDITIONAL USE PERMYT SHIPPENSBURG TOWNSHIP, CUMBERLAND COU[~TY, PENNSYLVANIA vo dc~aZ~- i Fee Rec~:i,veld[~ ;3(~-(~Z Application # 8Y ~~ }-L3'~1.3 Date Received ~~i- ~ ~,L~401~ _T aoo~ Notices Date of Publication S o1 Lc Hate of Hearing ~C. ~~ ~1O' Date of Action CS V ~ ~~~~ Action. \~7+~+~ Application is hereby made to the Supervisors for a Condition Use permit in conformity. •with Artic,le_ YY _ ,Section 2" 04 _, Subsection ,Pa~'a~graph of the Zoning Ord~.nanee and any amendments thereto for 'the following described work: 1, Name of: Address: Phone: p~lican~~,~,Bp~~~~.Univ. Fflundat•ion X871 Q~,d Main Dr..-~hiP#tgnsjturg Z17-47Z-1377 .. ~ ~A. X7257.. - essee wner~ch7FPenabLr$~.SL]Y• F~ ~.+dA• ion Zl7 477..1 477 PA 17257 ttorney .rchitect :ngineex ~~~ in c__ _ 5flrln R;ttPr RA. Sui o 9f)3 7T7.-F41_Rf15r1 Mechanicsburg, PA 17055 :ontractor' Z. The subject property is located as follows : North side of Hot_ point Avehue approximattly 900' west o£ Eot Point Avenue's 3.ntersection with Middle Spring Ay4nue. 3, xhe subject property is situated in a CG zoning distr-fct. 4. Existing use o:~ ].and and/or buXlda.ng is Vacant SiaRie Family."~Eome 5. The apipticant request a'Conditional Use permit for the use of the property above for a construction of 21 unit To~*nhauae.-,Deye~lopment (student housing) and associated parking and utilitiae as provided under the prov~,sions of Article II Section 204 of the Zoning Ordinance, and i.n support thereof submits the following documents: EXHIBIT A No u. 21. 24U6 3' 16PM TH. SEMTINE~ ShippFn~b~rg,Pa. a) A certificate of Ownership;. heeds attached b) a Completed. Building Permit appl~.cati.on N/A c) A completed Preliminary Subdivision Plat Application Attached d ) A proposed 5i,te Development Plan Attached e ) A Vicinity Map AttQCE~ed f) Subdivision Water and' Sewage Report Noce on d) g) Soil Percolation Test Report N/A h) Other ispecify)_ 6- The appl.i~cant alleges that the proposed Conditional Use: a) Would be in harmony with the character of the neighbox- hood because~~.~dential max; ark with, towriF~ouse deveiaPmenL to tha b) and that it would not bs detrlmetl~al to the property or persons in the neighborhgod because water aad sewar w11I b i n .st watez will dischar a direct intro a scent wa~erwgy 7. In addition to meeting the st$ndards prescribed'by the Zoninq ..., ordinance, the appl•z.can~C ~ Hill •tszovide, c~rb:and s;i~dawa~ h.,alott&; court for' occunanr_c A„a 7~e,Ae~a..a.... in order that the public oonv, ienc and further served, _. N~, 8U 15 P. 3 e / / Applicant ~~~u~~R ~~. v ~ lb o SNi P~'~us~d~2e VA9t~1. ~.~a~v to Nothln$ i,n the Applicatiion shall relieve the owner or his agent, the developer or the applicant, for either a Condi.ti.onal Ose Permit or a Site bevelopment plan approval, from the necessity of obtaining Subdivision Plae Approval in aGCOZBance with the Township Subdivision and Land Development ordinance, if applicable. Referral to: Date A PProved Disapproved Cumb. Co. planning Comm. Ship. Twp, Planning Comm. Township Engineer Supervisors C ..aNov, 21. 20f6 3:1]PM TH= SENfIN~L Shippensb~r;, Pa. N~~. 8~i1~ P, 4 ,,- ,. :~~` ~ • Stttl'PFNSItURC 7'pW>a(S111P CUMn~;Ri.ANn Ct)UN1~Y ~~ P.O. goat 219 I'PNKSYLYANIA Shi~en~~• PA 172,5'f (7 (~) 532-7137 • ~ . Appltcatloif ~'or 3ahdlYt~fien artd xaad Ik~'tlo0trtent Ptah Rerlct~ Au appltcanra:ltould rovl~, ~'~ntihlp ZonN6 Ordlnaaa~a No. 94~ ~aa.artterrded and the SubdividoM,~rrd Xkveloprt+ent Ordinance Ho. 78.6 ~ amenc~d D~a to submitting ptanii fvr rertcw. The id~nt i~ respatsible tot pr,ep~;~g. ~ ~ gapllcatioe arrd~plani In ooh+pllanoe wltb rdev~et laral ordlnanc~et and ~~ ~aulatlon~. The ~rubMla~ion at • plan wllhoui the dita grid plans haired under. the SuMttvlatort and Lnd De.:eloptnent OMl'rantc shall not be conreidet~ed an oRldal . tabentealoit. . fndicete type or'aPpllcatlon: praApPllatloySk~h F'1an ,,,~,_ prefiminuZr Pian . ~ . Alnal Phan Name of ~ ,,.~ ~=dstbd ear; Shi ansbur U~}iv. Foundation. Address; 8~ ~ - P'hona Noy 72 7-4 7 7-13 7 7 . ._ 0•d Maia Dr~iye, Shi eA$bur , P~ 17257 `i~~lh;,r5~;~ .e SbUi' DrilVei~BiC FOU . .. ~.. ~, .u .,.~ :' . ' • • ..... Ad 1n D.r3v Y . ndation ~~ ~O, 717-477-1317 dress Z ¢ . hi ~ en b PA' 17 25 7 «.... .sung of ~tg)n~~ag Plash CEDG~ nc~. Addroaa' e R d" Suiee 203 ~~ ~~. Mechanicebur ~' 1'A 17055 ld E. Ste hens ,, Tllle; Senior pxo'eci as ex ~~e>t10. 7-6 •1-8050 pax NO. 717--458- 7 ~~ !•ttthd: nabu ou daCi•Qn -Totmhouses Sl~p~tyl.+oation. t. ids iiot Point Ave, n rox. 0 ~ st ~ I'riroel No. . 3b-3~-1865 - py 0' ~ ' ~ Hot Poi Av i ~~~~sec~tign '~~ A , 7.c~hltig biib'ict Coa~ercial Gone al n px~~t ~8d 4 N~. of Gots/Vrilta' zl Pub11c Water (k) Yes ( ) No Tf;i: an Public Sewer (R) Yea ( ) (-to , pi ~9uirra: B~octding•or ate 5e~irity (g) Ya, f) No, Vari ux app~ry~ (''xjYd, () No; Spedaj P.~coeptton A tea) () Ya, (~) Ho, Coneitional ~) >Yo, pprovat ( )~Yca, ( ) Ho- ?osring Map Chartgp ( ) y~ Applicant'ti Sign . Prvvtde a genets! . , 7rttb --,~_... 1~c~e n! use. (OtY'lclat U~ Roodvod bar. . Plan Numbs F11eNumbet Date Read`"°d-.-._.......r~ Docisipt~ Needed b ; EnRrneer Ref. No.________,,,. Planning Comml~sr~ ~te•`~"-'~ (PlRnn n~ Cots>rrti~ivn).Date.----.---.....(Superyiaon) R,e~rlewod by -,=.:.. Sup~avuon ~ Data ~ ) v~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Appellant v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHII' BOARD OF SUPERVISORS, Respondent Civil Division NO. CI- Land Use Appeal } CERTIFICATE OF SERVICE It is hereby certified that a hue and con•ect copy of the within Land Use Appeal Notice was served via Federal Express Mail Priority Delivery this . " ri ~ day of November, 2006, to the following: James N. Robinson, Esquire 28 South Pitt Street Carlisle, PA 17013 Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Neal R. Devlin, -7- DEC-21-2006 11:15 AM SHIPPENSBURG TOWNSHIP 7175325107 P. 02 Shippcnsbwg Township Board of Supervisors Regular meeting December 2, 2006 Chairman Galen Asper called the meeting of the Board of Supervisors of Sbippensburg Township to order at 8:00 a.m. Those present were: Galen Asper Richard LeBlanc Howard Albrecht John bard Crystal Miracle Jack Gordon Matthew Brundzo Wendy Carnes Greg Lambert Ron Stephens Jim Robinson, Solicitor Linda Asper Stephen Oldt Charles Heckman Lawrence B. Abrams The minutes of the November 4, 2006 meeting were motioned for approval, as submitted, by Mr. Hrundxo and seconded by Mr. Bard. Unanimous vote. Motion carried. There was no report by the State Police. There was no report by the Fire Chief, There was no Ambulance report. Shippensburg University Foundation Land Development Plan (Hot Point Townhouses) The Plan was presented by Ran Stephens and Greg Lambert of CEDG, the applicant's engineer. Additional information was provided by Rick LeBlanc of Crabtree Rohrbaugh and Associates, the applicant's architect, concerning the proposed buildings. Discussion was held between the Supervisors and the applicant's representatives concerning details of the Plan. Bard made a motion to waive the requirement for a preliminary plan which was seconded by Asper. Vote was 2 -1 in favor (Brundzo opposes). Motion carried. Brundzo made a motion that approval of the Plan be postponed until Supervisors receive final comments from Martin 8t Martin and DEP. Motion died for lack of a second. Bard made a motion to approve the Shippensburg Foundation Fina] Land Development Pian contingent upon resolution of all Martin & Martin comments and DEP approval. Vote 2 - ] in favor (Brundzo opposes). Motion carried. EXHIBIT B DEC-21-2006 11:15 AM SHIPPENSBURG TOWNSHIP 7175325107 P_03 Cumberland County Planning Commission Agreement Mr, Asper explained that this is an annual agreement beCween the Cumberland County Planning Commission and the township in which the County attends township Planning Commission meetings and provides other services at no charge to the Township. Mr. Hrunzo made a motion to approve the Agreement as presented and Mr. Asper seconded. Vote was unanimous in favor. Motion parried. Auditor resignation and replacement Mr. Asper stated that Kit Rosman has presented a letter of resignation as township auditor. Mr. Asper made a motion to accept Ms. Rosman's resignation and Mr. Bard seconded. Vote was unanimous. Motion carried. After Mr. Asper explained that a replacement would have to be named immediately because of the timing of the resignation, discussion was held between Messrs. Asper and Hard with Wendy Carnes. Motion to appoint William Craig as a Township Auditor to replace Ms. Rosman was made by Mr. Bard and seconded by Mr. Asper. 'Vote was 2 -1 in favor {Brundzo apposed). Motion carried. 2007 budget Motion was made by Mr. Brundzo to pass the 200? Budget as presented. Seconded by Mr. Asper. Vote was unanimous. Motion carried. Cable Franchise Agreement and related Resolution 2006-2. Mr. Asper explained that the Cable Franchise Agreement with Comcast is approaching afive-year anniversary and that Comcast was requesting the Township to acknowledge its automatic renewal in writing. Mr. Robinson explained that it is a five- year agreement with provisions for its automatic renewal for another five-year period. The Supervisors discussed Resolution 2006-2, which had been requested by Comcast, in which the Township gees on record as opposing any attempt by the state legislature to implement state-wide franchising of cable operators and discontinue local franchising. Mr. Asper made a motion to approve Resolution 2046-2 which opposes the changes in franchising and Mr. Brundzo seconded. The vote was unanimous. Motion carried. Solicitor's report. Mr. Robinson stated that the deed for the property adjacent to the township building as presented to Mickey Nye contained an incorrect legal description and had been returned to ]ohn McCrea. Mr. Robinson will contact McCrea and try to resolve this matter. DEC-21-2006 11:16 AM SHIPPENSBURG TOWNSHIP 7175325107 P. 04 Mr. Robinson announced that Shippensbwg Townhhouses II filed an appeal of the approval of the Conditional Use Application for The Shippensburg University Foundation in the Court of Common Pleas of Cumberland County on November 30, 200fi. The Shippensburg University Foundation, as landowner, has joined in the suit in support of the Township. This being pending litigation, nothing further will be said. Supervisor's report Mr. Brurdzo asked the Solicitor if any pmgess was being made regarding the G&C Associates property on Route 11 about which residents had complained at previous meetings. Mr. Robinson stated that a letter had been sent and that he would discuss it personally with Mr. Cassidy. Mr. Bard stated that, upon further review, the bid for a new truck submitted by Frederick Chevrolet at the November meeting did not meet the township specifications. The bid had been awarded to H&H Chevrolet. Mr. Asper thanked township employees for the work they did after yesterday's storm and thanked Mr. Brundzo for his work for the Senior Center. Mr. Brundzo suggested that the old truck be used by the Township Codes Officer instead of her using her personal vehicle and charging the Township for mileage. Treasurer's report The Treasurer's report was presented by Mr. Oldt, Public comment. Jack Gordon of Shippensburg Townhouses expressed his displeasure with the actions of the Board of Supervisors concerning the Shippensburg Foundation development project and clarifted his position regarding the Conditional Use approval and the Land Uevelopmcnt Plan approved by the Supervisors at this meeting. Discussion was held with the Supervisors and Solicitor concerning the conditions imposed, with Mr. Robinson explaining that the condition that the property remain on the tax rolls has been deemed unenforceable by the Pennsylvania Supreme Court. Howard Albrecht expressed his displeasure with the Board's handling of the Shippensburg Foundation Land Development Plan and the replacement of the Township Auditor. In discussions with the Supervisors and Solicitor, it was explained to Mr. Albrecht that the plan approval granted at this meeting was contingent upon the satisfaction of all comments of the Township Engineer (Martin & Martin). Mr. Albrecht DEC-21-2006 11:16 AM SHIPPENSBURG TOWNSHIP 7175325107 P. 05 stated that he would Pike to see more detail in the budget and treasurer's reports in the future. He praised the performance of the students who assisted at the Township building on election day. Wendy Cannes commented in support of Messrs. Gordon and Albrecht regarding the Shippensburg Foundation Land Development Plan. She asked that the Township keep a list of residents interested in any open positions within the township with the residents' qualifications and she praised the students on election day. Charles Heckman commented about in the Shippensburg University Foundation Land Development Plan, specifically about the recreation area and drainage. He also asked about his reappointment to the sewer board, on which he has sat for ten yeazs. Disbursements Mr, Bard made a motion to approve November disbursements and Mr. Asper seconded. The vote was unanimous. Motion carried. Adjournment Mr. Bazd made a motion to adjourn and Mr. Asper seco:ded. The vote was unanimous. Motion carried. Respectfully submitted, Linda Asper 'township Clerk 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 28th day of December, 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. ev i ire -7- ~ -- ~~ ' <-> - %T n ~ R'~ ~ _ ~ ~ T ~, ~ J r, ~ l.'; ~ ~ lJ ' 0 ~ = a ~ ;:_~ 1/_ ~ F _ ` ~ 1 '~ \~ \^~-\\ `1 \- F ~rox M~LAUGHLIN GORNALL & SENNETT A Professional Corporation 120 West Tenth Street Erie, Pennsylvania 16501-1461 814-459-2800 Fax 814-453-4530 www.kmgslaw.com RICHARD H. ZAMBOLDI JACK M. GORNALL HARRY K. THOMAS MICHAEL A. FETZNER JAMES T. MARNEN MICHAEL J. VISNOSKY DONALD E. WRIGHT, ]R. RICHARD W. PERHACS ROBERT G. DWYER CHRISTINE HALL McCLURE R. PERRIN BAKER MARK E. MIODUSZEWSKI CARL N. MOORE DAVID M. MOSIER THOMAS A. TUPITZA GUY C. FUSTINE RICHARD E. BORDONARO BRIAN GLOWACKI JOHN O. DODICK FRANCIS J. KLEMENSIC TIMOTHY M. SENNETT WILLIAM C. WAGNIER PATRICIA K. SMITH MARK T. WASSELL RICHARD A. LANZILLO JOANNA K. BUDDE PETER A. PENTZ MARK G. CLAYPOOL THOMAS C. HOFFMAN lI MARK J.KUHAR CHRISTOPHER J. SINNOTT TIMOTHY M. ZIEZIULA JENNIFER E. GORNAL4ROUCH MARK A. DENLINGER JEROME C. WEGLEY TRACEY D. BOWES BRYAN G. BAUMANN NEAL R. DEVLIN NADIA A. HAVARD TIMOTHY S. WACHTER OF COUNSEL: WILLIAM C. SENNETT EDWIN L.R. McKEAN HARVEY D. McCLURE Neal R. Devlin ndevlin@kmgslaw.com December 28, 2006 Prothonotary Via Federal Express Priority Overnight Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: SHIPPENSBURG TOWNSHOUSES II, LLC v. SHIPPENSBURG TOWNSHIP AND THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS Dear Sir or Madam: Enclosed please find the original and two copies of the Land Use Appeal on behalf of the Appellant in the above matter. I have also enclosed our check in the amount of $55.50 for the filing fee. Please note that I have referenced a companion action in this matter that has been filed at No. 06-6887 on the caption of this Land Use Appeal. Would you be kind enough to file the originals with the Court and have one copy of the Land Use Appeal time-stamped and returned to my attention in the enclosed self-addressed, stamped envelope? Your time and assistance in this matter is greatly appreciated and if you should have any questions or need any additional information, please do not hesitate to contact me. Very truly yours, KNOX McLAUGHLIN GO L1~ & SENNETT, P.C. ' ~; al R. NRD:cas Enclosures # 707274 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II LLC, Appellant Vs. No. 06-7323 CIVIL TERM SHIPPENSBURG TOWNSHIP and THE SHII'PENSBURG TOWNSHIP BOARD OF SUPERVISORS Respondent WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) TO: SHIl'PENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS We, being willing for certain reasons, to have certified a certain action between SHII'PENSBURG TOWNHOUSES II, LLC, Appellant VS. SHIPPENSBURG TOWNSHIP and THE SHIl'PENSBURG TOWNSHIP BOARD OF SUPERVISORS, Respondent, pending before you, do command you that the record of the action aforesaid with all things concerning said action, shall be certified and sent to our judges of our court of Common Pleas at Carlisle, within (20) days of the date hereof, together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Commonwealth. WITNESS, The Honorable EDGAR B. BAYLEY , P.J., our said Court, at Carlisle, PA., the 29TH day of DECEMBER, 2006. Curtis R. Long, Prothonotary ~~~ ~~ CERTIFIED MAIL; RE~.;EIF (Domestic Mail Only: No Insurance Covera~ i~ m ..D ~ Postage $ m p CertHled Fee p Poatma~ic p Retum Receipt Fee Here (Endorsement Required) ~ Restricted DelNery Fee (Endorsement Required) m p Total Postage 8 Fees ul p Sent To p ~~~tpp~s 6s~~4..~owr.s4+p-------------------------- orPOBwrNo. SCI IJaI aril' ~~ -- -------------- S ~ -------------~ ------------~~ h ~ -•------- at,.'smta, zlR.a r utr u. CERTIFIED MAIL~~,; FiE~EIP I (Domestic Mail Only; No Insurance Coverage Provided) R1 Postage $ m p Certified Fee P trn rk O p Retum Receipt Fee (Endorsement Required) oa a Here p ~ ResMcted DelNery Fee (Endorsement Required) m p Total Postage & Fees ° p t Tew,,,c~la o ~ ~ S~II µs b ~ p s4rS ,~ -- --- ----- --- ------p- - 3`treer ;dpt. IVo:; I PO Box No ------------ ---- '~~, IL~ _ 5 _ ----------- - - ~,~y p ~ f g Qil OA I'~~l O . 1 or --- ------------....----------- ------ ------------- - --=------------- r ~,' B~e.~~ Sk --------------- ~' p~ ~ t s~s'1 s Lawrence B. Abrams, Esquire Attorney I.D. No. 18028 Kenneth L. Joel, Esquire Attorney I.D. 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, Civil Division Appellant No. 06-7323 Civil Term v. SHIPPENSBURG TOWNSHIP and THE SHII'PENSBURG TOWNSHIP BOARD OF SUPERVISORS, Land Use Appeal Respondents THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor : (Companion Action Filed at No. 06-6887) 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 Land Development Plan approval 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. 636248.1 WHEREFORE, Intervenor, the University Foundation, respectfully gives notice of its intervention in this matter. Dated: Janu ~ ary ~ ''2007 Respectfully submitted, RH AD~ & S L B / C~U~~t/ `l 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 /~f~day of January, 2007, 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 J M. Fetrow :~ ~ ; -v ti.i ~~ ny~.- i T .r. ~-~ C ~ ,: ' (\7 ~: Cy y _ , -r~ _ ~ ~ ~ c 2 • ~ m a Y.. ~ ~ a 1 " ~ ~' ~~ _ ~ ~ ~~ o ~ . ~ ~ .. ~ ~ ~ ~ _ a~i ~ ~ _~ ~ ~ Q ~ 9~ ~ - - ~ 1 - _ ,', F ,7~ Q 1 . ~! y ~, w 8- ~~~ ~ x . , x . ~, v Q N N _N N N a ~ .ro o ~ m o' E U•-L ~+U O ~ C ~ aL-~ Q W N ~ O =' Ch ~ ~ U U C ~DL~ U' R7 0 ~ C y U N ~ C j O rmmm.-, y U N ~ ~ .- ~ (n ~ U U O NQ N.Nw w Y N d o 3 av TmL E E c ~ ~ o O N •C p ~ U!.a wQ `o ^ ^ ^ N C U } N O a .~ •~ ~ aUi c a .'- O 3S¢o ~° ^ ~ ^ `~ •~ _ > ~~ ~~ o N v C ~ y ~ c cmn ~^ ^ oc a q H ~ ~~ O ~ ~' `~ ~ ~ ~ „' -Q ~( N O a ~ ~ ~ a y m a a~ a v J M V Q 4 f`n 1 N n~ 7 '~ 2 M m U G Q N 0 a _~ N 0 m N 0 .~ a~i U .~ 0 O O N lC 2 M E LLB. N d ~~ ti m 0°~3. o~~~ ~ 1 U i ~ ~ ~' ~ ,~ ~ ("~ o~ ~ ~ 3 ~ 0 ~ ~' h ~ N • U4 y O G ~ m a a' m ` ~ ,~ E ~ n ~~, Q ' ~ ~ ~ a c ~ m u ~ ~ Ci `~° 4 ~~~ ~ M w U ~ ~ •? ~ ~ ~~'~/ 0 S 0~ N U~ ~ > N c cQ ~ ~ ~ ~ ~ ~ Q' ~ ~ ~ } ~, ~ ~~q~ 'g j ~ ~ ~ 4 ~ v Q ~ ', vJ ~ p `~ Q ~ ~ ~ a a > a ~ ~ Cr O .t. ~ Q ,~~ o "~ w ~ ~ j}~ a. ~ O 0 a a~ ~ croi -Y F --O d V ~ U i ~mv~~~a ~ ~ ~re 4 N Cl ~ i „t_~, c~ ~ 3 ~ ~`°mgy L `4 0 ~ c cmi o o ~'' V~ a ~~'+ =' ' 0 3 m -om S3 ^ S ~ m .o M ~ ~ ~ .Q ~ U.O ni 4 ~! ~zt t'~ L c c J ~Y ~W ~ov~ v~~~ ,~.~t v~ ,._ ~. ~~~ fD a m m m ~' 0 (D a a m N N C z -i m v D m ~~ ~ f E .. Y r~ ~; ~'~ ~'1 ~, ~ ?3 ~~ '~~~ ~~ f~l ~II~`~ Q~P' ,~,., a.,fi.Jy~,..~~ ~~~ v .~.. f a SHIPPENSBURG TOWNHOUSES II, LLC, Appellant v. IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO.2006-7323 CIVIL SHIPPENSBURG TOWNSHIP and THE: SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS Respondents :LAND USE APPEAL THE SHIPPENSBURG UNIVERSITY FOUNDATION, : (Companion Action filed at No. 06-6887) Intervenor ANSWER TO LAND USE APPEAL 1. Admitted. i 2. Admitted. j 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted in part and denied in part. It is admitted that the Foundation's engineers complied with the requirements of zoning district R-3, but it is denied that the zoning district was never identified prior to this meeting. The R-3 Zoning District was identified on documents attached to the Conditional Use Application previously submitted to and approved by the Board of Supervisors. This Zoning District was confirmed with the Township by the Township Engineer prior to his review of the Plan. Its review and comments were made relative to the R-3 Zoning District. 13. Denied. 14. Denied. 15. Denied. The Plan was approved on the condition that all comments made by the Township Engineer be resolved on the final version submitted for signatures. The final version is reviewed by the Township Engineer to ensure compliance with all comments and the approval prior to being signed by the Board of Supervisors. The Planning Commission does not have the power or authority to impose conditions on the Foundation or any land use applicant, but can only make recommendations to the Board of Supervisors. In this case, the only condition recommended by the Planning Commission was that the Plan be approved conditioned on the resolution of all of the Township Engineer's comments, which is the action taken by the Board. 16. Admitted. Byway of further answer, the representative of Shippensburg Townhouses had taken the opportunity to make comments at the public hearing for the Conditional Use Application, at several Planning Commission meetings at which the Foundation's Plan was discussed, and at every prior meeting of the Board of Supervisors at which the Conditional Use Application or Land Development Plan was discussed. His negative comments were consistent throughout the process and his opposition to the plan was well known to the Supervisors prior to the vote. Comments made by this representative after approval of the Plan were the same as comments made at prior meetings. 17. Admitted. 18. Admitted. 19. The Averments in Paragraph 19 are legal conclusions to which no response is required. In the event that a response is deemed necessary, these averments are denied. WHEREFORE, Respondents, Shippensburg Township and the Shippensburg Township Board of Supervisors, respectfully request that judgment be entered in their favor and against Appellant. ia~o Date Jam M. Robi son, Esquire Tur aw Offi s Solicitor fort Board of Supervisors of Shippensburg Township, Cumberland County, Pennsylvania Attorney I.D. 84133 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 SHIPPENSBURG TOWNHOUSES II, LLC, Appellant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2006-7323 CIVIL SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS Respondents THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor LAND USE APPEAL (Companion Action filed at No. 06-6887) CERTIFICATE OF SERVICE I, James M. Robinson, Esquire, attorney for the Respondents, Shippensburg Township and Shippensburg Township Board of Supervisors, have served the attached Answer to Land Use Appeal by mailing a copy by First Class Mail, postage prepaid as follows: Knox McLaughlin Gornall & Sennett, P.C. Brian Glowacki, Esquire Neal R. Devlin, Esquire 120 West Tenth Street Erie, PA 16501-1461 ~a~D~ 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 ,Q_.~n D~.._ Jam~s/M. Robin on, Esquire Atto ey I.D. 133 Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Phone: 717-245-9688 f. ? ~ ~ ~~ =ct ~ ~ =~',' c...-- :~~ -~*.-' .-n fig ~=- ~-~' ~ - ..:~.. ~-r~ , `;~ = `~ _~' ~ ' -<. L.5 SHIPPENSBURG TOWNHOUSES II, LLC, Appellant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2006-7323 CIVIL SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS Respondents :LAND USE APPEAL THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor PRAECIPE TO THE PROTHONOTARY: Please file the enclosed application, attachments, minutes, plan 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 TURD LAW OFFICES ala~~~~ Date Ja M. Robi son, Esquire 2 oath Pitt treet Ca isle, PA 013 {717) 245-9688 Attorney for Respondents, Shippensburg Township and The Shippensburg Township Board of Supervisors CEDG ENGINEERS October 30, 2006 Shippensburg Township 81 Walnut Bottom Road P.O. Box 219 Shippensburg, PA 17257 Re: Hotpoint Townhouse Development Final Land Development Plan CEDG Project No. 06063 Dear Planning Commission: Corporate Headquarters 5000 Ritter Road, Suite 203 Mechanicsburg, PA 17055 tel: 717.691.8050 fax: 717.691.8055 www.cedg.net On behalf of the Shippensburg University Foundation, we are hereby submitting the Hotpoint Townhouse Development for your consideration at your November 20, 2006 meeting. The Hotpoint Townhouse Development is located on the north side of Hotpoint Avenue approximately 600' west of the intersection of Hotpoint Avenue and Middle Spring Avenue. The purpose of these plans is to consolidate two parcels into one 3.0 acre parcel and to construct a 21 unit Townhouse community. In compliance with Shippensburg Township Subdivision and Land Development Ordinance, Article IX, Modifications of Requirements, we are requesting to waive the preliminary plat stage. The plan represents the combining of two parcels, the construction of a 21 unit townhouse community with no new streets or extensions of existing streets and no public improvements are involved. The detail shown on the drawings is ample to allow the. site development to occur. The submittal of a preliminary and a final stage would only be a duplication of effort and time. This submittal package includes the following: 1. Shippensburg Township Application for Subdivision and Land Development Plan Review (1 copy). 2. Check in the amount of $87.00. 3. Nine (9) sets of Plans (9 of 13). 4. Post Construction SWM Plan and Report (1 copy). 5. Application for General NPDES Permit (1 copy). 6. Sewage Facilities Planning Module Application Mailer (original and 1 copy). 7. Copies of Letter of Transmittal - a. To Martin and Martin, Township Engineers (1) b. To Cumberland County Planning Commission (1) Other Locations I Ebensburg PA I Hagerstown MD I King of Prussia PA Shippensbur~ Township Planning Commission October 30, 2006 Page 2 of 2 c. To Cumberland County Conservation District (1) d. ToCumberland-Franklin Joint Municipal Authority (1) e. To Shippensburg Borough Authority (1) f. To Vigilant Hose Company -Chief Clyde Tinner (1) 8 • W BTL.p N ns ~F~t ~I,EAT~O N R~~RrC~) ~1e wETGa,uDS . If you have any questions or need additional information I can be reached at 691- 8050. Sincerely, CEDG, Inc. Ronald E. Stephens, PMP, PE, PLS Senior Project Manager G:\a~roject\LDD Projects\2006\06063_Shippensburg University Foundation -Bigler Property -Town HomesLCorrespondence\06063-Final Plan Submittal-10-30-06.doc Siiii'PF,NSI3UR('r TOWNS111P CUM11f;R1,ANn COUN'i'Y - PF,NNSYLYANIA SO.BozZ19 ~ , ~ ippen3~ A 1T2S'f Application Fot 3nbdlrisson and i.tnd ikvelepmeftt Won Re~{e~t All applicanu should roview the Township Zottins Ordinance No. 90.4 u amended and tf+e'Subdiviaiar![.and Uevelopment Ordinuke No. 78-6 u amended prior to submitNirg plant foc rtwiew. The sppitant la responsible for preparing the application and plane in cornpiianoe with rdevertt la~l a~dinances and etate~ teguiationa. The Rubrnlaaion of a plan without rite data and plena required under the Suftdfriafon sad Land ihwelopment Ordinance shall. not hb conafdet`ed as of[icial anbatlaafon. Indicate type of application: Pro-ApplicaHor>iSketch Plan ,+ Preliminary Pfau _ Final Plan = Nat11e O~fegiatt~+6d,oyYt1Q~ ~hipp~nsburg University Foundation Pf10flC N0. 717 477 1377 Atldr+eaa: x.'871 Old Main Drive, Shipperisburg, PA 17257 - Applicant: Shinnensbure Univeriit ~ Foundation PltoneNa 717 477 1377 Addraa 1871 Dld Main Drive; Shippensburg, PA 17257 Surveying oc Fltgineering Firn1..cEDG. Inc . Addraa; ~QQQ _Ritter. Road, Suite 203, Mechanicsburg; PA 17055 Contact PrtsOn: Rnnald E. Steyhens _. ~ ~ 't'iter Senior Project Manager Phone N0.117 691 8050 Paz No. 717. 458 9237 ~eCt N~tt1e: ~o_ tpoint .Townhouse Development ' Sitl~/PrOpe[~ytACatioft: North side Hotpoint Ave. 600 West of Middle Spring~Avenue TaX Parcel NO. ~6-33-1865 ~ ~ 7,oning pistriet Commercial General Total Adage ~ . 06 No. of Lota/Unit, 21 .Units Public Water (x) Yta ( ) No Publ)c Sewer (~) Yes ( ) No ~~ This plan requires: Bonding'or other Security ( )Yes, ( ) No; Variance(s) ( )Yea, (~ No; Conditional ~- uxapproval (x )Yes, O No; SpociaJ Eu Approval ( )Yes, O No; Zoning Map Ctuutges ( )Yes, ~'. X) Na ~ ~ - Applica~'s Signature t1e N ~ ~v~,E',~ ~~ /0 3 ~6t-6 . Provide a ~enetaf deectfptian o[ tfie project 1r~cttsding t1b prbpoeed use. Construction"of 21 townhouses•and associated parking, drives. and utilities (Official Usd Received by: Date Rooeived Plan Number FileNumbet P,nRineer Rtf. No._ Docision Noedod~ b)-: Date, ~,~ (Planning Commission) Date, ~_„,~(Supenriaora) Raviowod by Planning Commiu~on: Data~;~ Supernaora ,Date _) . The regularly scheduled November 20, 2006, meeting of the Shippensburg Township Planning Commission was called to order at 7:00 p.m. by the Chairperson, Linda Asper. Members present were: Linda Asper, Patricia Bard, Karen Blauser, Anthony Kelly, and Steve Oldt Also present were: Crystal Miracle, Shippensburg University Foundation Ron Stephens, CEDG, Inc. Doug Gayman, Brechbill & Heiman Jack Gordon, Shippensburg Townhouses, LLC William Kick, Martin & Martin Jeff Straub, Crabtree Rohrbaugh Architects Jay Chamberlin, Shippensburg Township Resident .Dale Heberlig, The Sentinel The meeting opened with the Pledge of Allegiance to the flag. BardlOldt motion to approve the October minutes as presented. Unanimous vote. Motion carried. NEW BUSINESS HOT POINT TOWNHOUSE DEVELOPMENT Ron Stephens, CEDG, Inc. explained the plan to the commission with the changes made since the conditional approval granted on 10/7/06. Those changes included an 8 foot high fence constructed on 3 sides of the property, sidewalks along Hot Point Ave., a note on the cover sheet indicating they will have 2417 management of the facility, and that the Vigilant Hose Company be alerted as the first responder to any emergency on the property. Considerable discussion took place regarding storm water management, recreational fee, lighting plan, the differences between R-2 and R-3 zoning and the proposed two buildings containing 10 and 11 townhouses respectively per building, emergency access Bill Kick reviewed Martin 8~ Martin's comments of 11/8/06 (copy attached) as well as their comments dated 11/17/06 on the storm water review. Cumberland County's comments of 11/16/06 (copy attached) were also reviewed. Jack Gordon of Shippensburg Townhouses, LLC, had concerns regarding the number of comments made by Martin & Martin regarding the land development plan and requested that the Planning Commission table this plan until all of the comments have been addressed and can be properly approved. OldtlBard motion to move the plan on to the Shippensburg Township Supervisors contingent upon all Martin & Martin and Cumberland County's comments being addressed. 4-1 vote. Motion carried. OIdt/Bard motion to adjourn. Unanimous vote. Motion carried. Respectfully submitted, Karen Blauser, Secretary ' ~ No: 06-282 Cumberland County Subdivision/Land Development Review Report' ' Municipality Shippensburg Twp. Plat Title Hot Point Townhouses Zoning District C-G Plat Status: Preliminary Plat Type: Final X P/F Minor # of Lots 2 # of New Dwelling Units Date Received 10-30-06 Staff Review Surveyor Stephens Engineer Proposed Land Use Rental townhouses Subdivision Regulations: County Land Development X Municipal X Combined X Zoning X S&LD 21 Acreage Subdivided .46 Total Acreage 3.06 11-13-06 Official County Review I 1-16-06 ( ) Plat appears to comply with applicable regulations. ( X) Plat appears to generally comply with applicable regulations; revisions may be required, as indicated. ( ) Plat appears to need substantial revision, as indicated. Reviewed by KDS Checked by • When applicable, streets, sewer, water, storm drainage, and other infrastructure elements to be verified as adequate by municipal staff/engmeer. Any improvement guarantees shall be posted prior to final plat approval. • Registered PA Land Surveyor is required to certify all lot/tract boundary descriptions. • When applicable, zoning compliance to be verified by Municipal Zoning Officer. • Appropriate sewage module component should be processed prior to fmal plat approval. • Final plats must be recorded within 90 days of approval. Renew conements with cited ordinance provisions are based on municipal regulations on file with the County Planning Coran:fission. 1. The proposed height of the buildings should be shown. (Zoning 502). 2. The 20% of the tract reserved for recreation should be shown (Zoning 914.11). 3. A landscaping plan should be included, especially for buffering of the properties to the east of the site (Zoning 914.12). 4. Is the square object at the east end of the site a trash receptacle? If so it should be heavily screened from the adjoining lots to the east. 5. The emergency exit appears to be constructed with permeable pavers. Will this road be dedicated to the township or privately maintained? Will the permeable pavers support the weight of an emergency vehicle (i.e, fire truck)? 6. Lighting should be considered for this plan. 7. The plan must be signed, notarized and reduced to 18 in. by 24 in. to be recorded. ~~% ~~~ ~ martin and martin, incorporated 37 south main street • suite A • chambersburg, pennsylvania • 17201-2251 (717) 264-6759 (717) 264-7339 (fax) November 8, 2006 Shippensburg Township Supervisors P.O. Box 219 Shippensburg, PA 17257 Re: Resubdivision & Land Development Plan Hot Point Townhouse Development Our file: 492.153 (ZIP-T4/492153B) Gentlemen: Our office has reviewed the above referenced r 'vi ' ~ d land development plan in accordance with the Township. We would note Ifii~ of`l ,' g c ents for your consideration. 1. The conditional use approval for decision and any conditions. 2. Pennsylvania DEP play the Borough Authority 3. Our office will issue a be noted on the plan with date of the acquired and any comments from CFJMA and sewer and water service must be addressed. (308.J, K) with respect to stonmwater management shortly. (506) 4. The applicant must provide architectural-renderings of the buildings, any signage and typical building footprints for review. (Z.O.913.3) 5. County Conservation District approval is required. (308.I.1, 406.E) 6. Alighting plan should be provided including locations of light standards and details of the lighting and a photometric analysis of light intensities at the property boundaries. (503) 7. The plan should clearly illustrate how the 20% required outdoor recreation area is distributed onsite. (Z.O.914.11) 8. The applicant will be required to guarantee the completion of all public improvements prior to the release of an approved Final Plan. (307.D) Our office is prepared to review an engineer's detailed and itemized cost estimate in an effort to determine an appropriate amount for said security. 9. The owner's certification statement must be signed and notarized. (308.E) Shippensburg Township Supervisors November 8, 2006 Page 2 10. A portion of the proposed driveway entrance onto Hot Point Avenue encroaches onto the adjoining Stayer lands and results in the taking of a portion of the existing wall. This action will require an easement agreement with the neighbor. Said agreement should be provided to the Township Solicitor for review and approval prior to execution. 11. Notes 12 and 13 should be removed from the cover sheet to eliminate any confusion about possible Township takeover of the streets. 12. The stormwater management facilities acknowledgement must be signed. 13. The responsible engineer/surveyor's seal and signature should appear on the plan. (306.A.9) 14. The location map is required at a scale of 1" = 1,000'. (306.A.14) 15. The plan should be titled "Final Resubdivision and Land Development Plan." 16. Note # 11 should be revised to read "per unit" and not "per lot." 17. Is the 25-foot right-of--way from centerline of Hot Point Avenue existing or proposed? If proposed, a net and gross area should be provided and the owner's statement should be revised to include language indicating an offer of dedication. (308.F) 18. The Township route number for Hot point Avenue should be indicated. (306.A.2) 19. The applicant's complete address and telephone number is required. (306.A.8) 20. The approval block for the Board should read "approved" and not "reviewed." Similarly, the block for the Township Planning Commission should read "recommended for approval" and not "reviewed." 21. The Township may consider the installation of sidewalk along Hot Point Avenue. (508) Should you have any questions concerning this correspondence, please don't hesitate to contact this office at your convenience. Very truly yours, MARTIN AND MARTIN, INCORPORATED Timothy C. Conmany, AICP TCC cc: Planning Commission CEDG, Inc. ~\% ~~% ~ martin and martin, incorporated 37 south main street • suite A • chambersburg, pennsylvania • 17201-2251 (717) 264-6759 (717) 264-7339 (fax) email' martinmartins~innernet.net Novtmber 17, 21J0(i 5hippensburg Township Supervisors P.O. Box 219 Shippensbutg, PA 17257 R.~: Hotpaigt ToFnhouse Developlaaent Stormwater Review MM File: 492.153 our c~ljire has reviewed the above-named plan in accordance with tli!~e Township $tormwator Me~gea~ent Ordinanco (Section 506). We offer the following camrnerrts for your consideration. 1. The plan proposes to connect the detention basin outlet to an existing stornmuater inlet on Hotpoint Road, which currently receives very little, if arty, runoff from the development sift. Calculations are req>red to de~nonstrste that the existing inlet and stormsewer system have adc~quatcly capacity to receive and convey discharge finnn the detention basuz as proposed. (506.A.6) 2. The outlet invert of the 36-inch draineter RCF discharging to Middle Spring Creek is required. The designer is asked if the stream backflows into the stormsewcr system on Hotpoint Road under normal flaw conditions and, if so, will the stream hackgow imo the proposed detention basm7 (506_A.6) 3. The post development 10-year discharge from the site must ~ less than the pre development 5-year discharge. (506.A.3} 4. Detention basin rauti~ag hydrographs are required. (50b.C.4) 5. The area at the rear of Units 1 through 11 is essentially flat and will not drain, though it will receive a coctsiderable amount of stortnwater ~nm4ff from the townhouse roofs and parking lot. To help prevent excessively wet conditions and standing water, aiad to facilitate mowing and mainte~nce activities. we recommend that a stone trench and/or combination stone and pipe trench be installed in this area. MUNICIPAL • URBAN • REGIONAL • LAND DEVELOPMENT AND ENVIRONMENTAL PLANNERS MUNICIPAL • CIVIL • SANITARY • SOLID WASTE AND ENVIRONMENTAL ENGINEERS 11117/YUUU 1K:UZ r'A.Y 717LtS47SS8 MAti'11N Ec MFSlt'1'1N Shippensburg Township Supervisors November 17, 2006 FaEe 2 of 3 -~ ~lilYYr:NJtSL'KG '1'wY ~JUUJ Hptpoint Tovruhvuse Development Sbormwater Review MM File: 492.153 6. Several percolation test sstes are depicted on the plan. The sods profiles and results obtai~d foam those tests are required iu file stormwatez report. (506.C.4) 7. The point of irrtetest should be labeled on the drainage area maps. 8. We recommend that a 3'x 3'x 4" tuck concrete pad be installed in the basin bottom at the location of the 3-ixtch diameter outlet aril ee to help prevent vegetation from clogging the orifice. 9. The detention basin requb'es an emergency sptlway. The spillway should at least be sufficient to direct any possble overflow to a desirable location. (506.A.4) 10. The basin bottom elevatlan should be inchided on th+e Outlet Stnxhuc detail, Sheet 6.01. (506.C.6} 11. The Maintenanco program requioremGnts on Sheet 6.01 make reference to a Homeowner's Assoeiatian. We assume that stornnwater facilities ownerslrip and mai>ztenanoe responstb~#ses will be assigned to the Shippensburg University Foundation. A clarification is requested and the plans should be revised if necessary. (506.E) 12. The stormwater manage~meirt narrative arld the plan require the seal atxd signature of the responsible engiu~eer. 13. The plan proposes to use GRAS5PA'wE~ for stabfiization of the emez'gectcy access adjacent to tlx western property lia-e. The plan latxl allows for an oqual substitution of this product. The label should read, "ar equal approved bar Shippcnsburg Township". There are very few equal products available and those that are available diffEr' significantly v~rith regard to mstallatiort and construction regwrenrieats. Further, the plan requires a crass scxtion construction detail for this product eonsistecrt with the manufacturer's specifications including a prepared subgr"ade, compacted sandy gravel base, sand core fill, and sod surFacc. 14. With regard to the emergency access la~ae, vve recommend that the developer consult with local emergency services pmvidexs to easme that a workable arrangement and roadway coufiguratian are developed We note that the available turning radius m$y be somewhat restricted far larger vehicles entering the parking bt. We also recommend tk~at the limits of the GRASSPAVE2 be expanded (see attached sketch) to provide a larger stabiliz~etl area for man~wering vch~llcs in t}lis area. 15. Confirmation of E&SPC Plan and NP"DES Permit apporovals are required from the Cumberland County Conservation District Prior to Final Plan approval. (506.D) 5hippensburg Township Supervisors Hotpoint Towa6ouse Devclopmcnt November 1T, 2006 Stiormwater Review Page 3 of 3 MM File: 442.153 16. Canstzuci;ion security in a fozrn suitable to the Tawnsl~ip is rcgttircd gcior to approval of tb~e plan. (506.F~ If you have auy questions regarding this correspondence, please don't hesitate to contact this 4~ at your convenience. Sincerely, MARTIN ANA iVIARTIl~I, TNCOIi,PORATED l~~'~lism Dick, EIT WMK fax c~ Raiald Stephens. CE'iDG, Tnc. a Cumberland County Conservation District 43 Brookwood Avenue, Suite 4 -Carlisle, Pennsylvania 17013-9172 -Phone (717) 240-7812 -Fax (717) 240-7813 Chrystal Miracle Shippensburg University Foundation 1871 Old Main Drive Shippensburg, PA 17257 November 21, 2006 RE: PROJECT NAME: Hotpoint Townhouse Development PERMIT NUMBER: PAG2-0021-06-048 MUNICIPALITY: Shippensburg Township COUNTY: Cumberland County, PA Dear Ms. Miracle: This is to inform you that the Cumberland County Conservation District has reviewed the above referenced application in order to determine whether it contains the information, maps, fees and other documents necessary for administrative. completeness. Please be advised that your application has been determined to be administratively complete and will be processed for technical review. During the technical review, your application will be assigned to Kim Falvey, who will serve as the lead reviewer. The lead reviewer will evaluate the adequacy of the application and its components to determine if sufficient information exists to render a decision on the technical comments from other technical staff as may be necessary for a comprehensive evaluation of your application. You will be notified, in writing, if additional information is required before a technical decision can be rendered. The District will send only one technical deficiency letter. Upon notification of any technical deficiencies, you will have sixty (60) days from the date you receive the letter to submit the material requested.. When you submit a satisfactory response, the District will proceed with its technical evaluation. If, after completing the technical review, the District is inclined to deny the application, you will be sent apre-denial letter. The letter will outline the reasons for the denial. You will have one final opportunity to correct the deficiencies in your proposal and meet with staff before the Department makes a final decision. Under normal circumstances, completed- General permitapplications can be processed within 30 days from the date of acceptance. Obviously,. #hose applications which are complete and require little or no additional information can usually be processed more quickly. CONSERVATION-DEVELOPMENT-SELF-GOVERNMENT For questions regarding your application, please contact the District at 717-240-7812 and refer to application #PAG2-0021-06-048. Sincerely, Brenda H. Sheaffer District Secretary cc:~'alen Asper, Shippensburg Township Nathan Watts, CEDG Engineers District File 2601 West 26`e Street Erie, PA 16506 (814)833-8900 (814) 838-0700 fax Shippensburg Townhouses, LLC November 21, 2006 Shippensburg Township Office Attn: Shippensburg Township Supervisors Planning & Engineering Department 81 Walnut Bottom Road Shippensburg, PA 17257 Subject: SU Foundation Proposed Townhouse Development Dear Supervisors: I would like to offer the following comments in response to the Conditional Use application the SU Foundation has submitted and the Supervisors approved November 4tn and the upcoming Supervisors meeting being held to consider land development approval. Upon review of the original application the SU Foundation requested permission to build Townhouses. They did not request a change to any specific zoning district. Section 5 and 6 of the application state: 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." 6: The applicant alleges that the proposed Conditional Use would be in harmony with the character of the neighborhood because: "residential exists with townhouse development to the north of property." Since the SU Foundation clearly asks for approval for Townhouse development, R-2 requirements should apply. It was alleged by the applicant's engineer at the Planning Commission meeting, Nov. 20~' that the applicant could arbitrarily use development criteria from the R-3 zoning district because the applicant felt the R-3 requirements (or lack there of) were the most advantageous. When granting a special exception it is incumbent on the Supervisors, not the Applicant, to determine the zoning where a development best fits the code. Clearly to make the development fit into the "harmony & character" of the neighborhood, "Townhouse" standards should apply as outlined in the R-2 zoning requirements. The requirements of R-3 zoning district are specifically silent about Townhouse development. The only place the ordinance provides specific requirements for Townhouses as a permitted use is in the R-2 zoning district. Infact, in a plan review comment letter dated October 16, 2006 from the Township engineer (Martin & Martin, Inc.) Tim Cormany states, "...it (the ordinance) is only specific to the number of units allowed in one building under the R-2 regulations where a maximum of six units is permitted. The applicant has applied under the R-3 regulations which are silent on this issue." As the owners & developers of the Townhouse community to the north, we feel strongly that the current plan as proposed by the SU Foundation does not conform to the intent of the Township code. The plan is not "in keeping with the character of the neighborhood" a requirement for the granting of a special exception. Further if it were approved in its current form, the project would have a serious adverse impact on our property, and the Shippensburg community as a whole. We ask you deny the land development application as proposed and require the applicant to offer a plan that is in keeping with the character of the neighborhood. Sincerely, ichael J. Redlawsk Managing Partner CC: Linda Asper Planning Commission Chairwoman 81 Walnut Bottom Road Shippensburg, PA 17257 Galen Asper Township Supervisor 399 Baltimore Road Shippensburg, PA 17257 John Bard Township Supervisor 5 Bard Road Shippensburg, PA 17257 Mathew Brundzo Township Supervisor 30 Briarcliff Drive Shippensburg, PA 17257 Jim Robinson TURO LAW OFFICES 28 S Pitt Street Carlisle, PA 17013-3211 Tim Cormany, Township Engineer Bill Kick, Township Engineer Martin & Martin, Inc. 37 South Main Street, Suite A Chambersburg, PA 17201 Neal Devlin Knox McLaughlin Gornall & Sennett 120 West 10`h Street Erie, PA 16510 CEDG ENGINEERS November 30, 2006 Mr. Timothy Cormany, AICP Martin and Martin, Incorporated 37 South Main Street Suite A Chambersburg, PA 17201-2251 Re: Re-Subdivision and Land Development Plan Hat Point Townhouse Development CEDG Project No.: 06063 Dear Mr. Cormany: Corporate Headquarters 5000 Ritter Road, Suite 203 Mechanicsburg, PA 17055 tel: 717.691.8050 fax: 717.691.8055 www.cedg.net We have received Martin and Martin comments of November 8, 2006 and offer the following responses: 1. The conditional use approval for the project should be noted on the plan with date of the decision and any conditions. Comment Response: Noted on Cover Sheet 2. Pennsy{vania DEP planning approval must be acquired and any comments from CFJMA and the Borough Authority with regard to sewer and water service must be addressed. (308.1, K) Comment Response: Waiver form submitted with plans for Supervisors signature. 3. Out office will issue a separate letter with respect to stormwater management shortly. (506) Comment Response: Comment letter received 11/20!06 response to follow under separate cover. 4. The applicant must provide architectural renderings of the buildings, any signage and typical building footprints for review. (Z.O. 913.3) Comment Response: Renderings and footprints will be provided by the architect. There is no signage proposed at this time. In the event that signage would be proposed it will be submitted with the building permit application. 5. County Conservation District approval is required. (308.1.1, 406.E) Comment Response: Plans have been submitted and review is in process. Other locations I Ebensburg PA I Hagerstown MD 1 King of Prussia PA Mr. Timothy Cormany November 30, 2006 Page 2 of 3 6. Alighting plan should be provided including locations of light standards and details of the lighting and photometric analysis of light intensities at the property boundaries. (503} Comment Response: Lighting p{an for the parking lot is attached. 7. The plan should clearly illustrate how the 20°lo required outdoor recreation area is distributed onsite. (Z.O. 914.11) Comment Response: We are showing three passive recreational areas: one in the upper right corner, one in the detention facility area and one on the south side of the trash dumpster. The dumpster is to be fenced and landscaped with tall upright shrubbery. Passive Recreation will consist of walking/jogging paths, sitting areas and a pavilion (locations to be strategized later). The Gross property area is 2.82 acres which would equate to 0.56 acres or 24,534 sf. The plan proposes an area of approximately 24,941 sf 8. The applicant will be required to guarantee the completion of all public improvements prior to the release of an approved Final Plan. (307. D) Our office is prepared to review an engineer's detailed and itemized cost estimate in an effort to determine an appropriate amount for said security. Comment Response: Bonding of public improvements will be provided. We will submit and cost estimate for those improvements designated by the Township as public. We would hope this cou{d be a condition of approval so that the most accurate quantities would be represented. 9. The owner's certification statement must be signed and notarized. (308.E} Comment Response: Owner's certification statement will be signed and notarized at the final plan approval. 10. A portion of the proposed driveway entrance onto Hot Point Avenue encroaches onto the adjoining Staver lands and results in the taking of a portion of the existing wall. This action will require an easement agreement with the neighbor. Said agreement should be provided to the Township Solicitor for review and approval prior to execution. Comment Response: The curb radius has been adjusted to keep within the public right-of-way and still allow an emergency vehicle to access the property. The existing wall is within the public right-of-way and will be removed. 11. Notes 12 and 13 should be removed from the cover sheet to eliminate any confusion about possible Township takeover for the streets. Comment Response: Notes 12 and 13 have been removed from the cover sheet. 12. The stormwater management facilities acknowledgment must be signed. Comment Response: Stormwater management acknowledgement will be signed. 13. The responsible engineer/surveyor's seal and signature should appear on the plan. (306.A.9) Comment Response: Engineer/Surveyor's seal and signature will be included at the final plan approval. Mr. Timothy Co~many November 30, 2006 Page 3 of 3 14. The location map is required at a scale of 1 " = 1,000' (306.A.14) Comment Response: Location Map scale has been revised to 1"=1000'. 15. The plan should be titled "Final Resubdivision and Land Development Plan." Comment Response: Plan title has been changed. 16. Note #11 should be revised to read "per unit" and not "per lot". Comment Response: Note 11 was revised to read "per unit." 17. Is the 25-foot right-of-way from centerline of Hot Point Avenue existing or proposed? If proposed, a net and gross area should be provided and the owner's statement should be revised to include language indicating an offer of dedication. (308.F) Comment Response: The legal and dedicated right-of-way has been corrected and clarified. 18. The Township route number for Hot Point Avenue should be indicated. (306.A.2) Comment Response: The Township route number for Hot Point Avenue (T-303) has been added to the plans. 19. The applicant's complete address and telephone number is required. (306.A.8) Comment Response: The applicant's complete address and telephone number has been added. 20. The approval block for the Board should read 'approved" and not "reviewed." Similarly, the block for the Township Planning Commission should read "recommended for approval" and not "reviewed." Comment Response: Approval blocks have been corrected. 21. The Township may consider the installation of sidewalk along Hot Point Avenue. (508) Comment Response: Sidewalk was a condition of the Conditional Use Permit and has been added to the drawing. I hope that- you will find that we have adequately addressed your concerns. If at anytime you should have comment or question, please do not hesitate to contact me. Cc: Planning Commission G:\a~rojedV..DD Projects~2006\06063_Shippensburg University Foundation -Bigler Property -Town Homesl.Correspondence\06063-1TR-Tim Cormany-Martin &Martin-Comment Response-11-20-06.doc Project Manager ,~ ~~ CEDG ENGINEERS December 1, 2006 Mr. William Kick Martin and Martin, Inc. 37 South Main Street Suite A Chambersburg, PA 17201-2251 Re: Hotpoint Townhouse Development Stormwater Review CEDG Project No.: 06063 Dear Mr. Kick: Corporate Headquarters 5000 Ritter Road, Suite 203 Mechanicsburg, PA 17055 tel: 717.691.8050 fax: 717.691.8055 www.cedg.net We have received your comment letter dated November 17, 2006 and offer the following responses: The plan proposes to connect the detention basin outlet to an existing Stormwater inlet on Hotpoint Road, which currently receives very little, if any, runoff from the development site. Calculations are required to demonstrate that the existing inlet and stormsewer system have adequately capacity to receive and convey discharge from the detention basin as proposed. (506.A.6) Comment Response: The existing inlet and storm sewer system {ocated in Hotpoint Avenue has a capacity of approximately 74 cfs which far exceeds the amount of runoff that is tributary to the system. See comment #2 below for explanation of tailwater conditions on this pipe. 2. The outlet invert of the 36-inch diameter RCP discharging to Middle Spring Creek is required. The designer is asked if the stream backflows into the stormsewer system on Hotpoint Road under normal flow conditions and, if so, will the stream backflow into the proposed detention basin? (506.A.6) Comment Response: This area where the existing RCP discharges into Middle Spring Creek is a known flood prone area. There was a floodplain analysis in which the 100 year floodplain was revised on 1/11/2002 (panel # 421585001 B). This analysis places the floodplain at approximately 627.00 elevation. At this elevation, water will be affecting the capacity of the 36" RCP and the functionality of the detention basin because of the tailwater condition. Because of this condition the detention basin onsite was designed to hold and retain the 100-year storm from our site. The detention basin will theoretically act as a "holding tank" for excess runoff from Hotpoint Avenue since the basin is oversized and thus improving the flooding condition. Other Locations I Ebensburg PA I Hagerstown MD I King of Prussia PA Mr.UVilliamlCick December 1, 2006 Page 2 of 3 3. The post development 10 year discharge from the site must be less than the pre development 5-year discharge. (506.A.3) Comment Response: The 10 year calculations were revised to meet the 5 year pre development discharge. 4. Detention basin routing hydrographs are required. (506.C.4) Comment Response: The routing hydrographs will be included. 5. The area at the rear of Units 1 through 11 is essentially flat and. will not drain, though it will receive a considerable amount of stormwater runoff from the townhouse roofs and parking lot. To help prevent excessively wet conditions and standing water, and to facilitate mowing and maintenance activities, we recommend that a stone trench and/or combination stone and pipe trench be installed in this area. Comment Response: A stone trench with a 6" underdrain will now facilitate drainage in this area. 6. Several percolation test sites are depicted on the .plan. The soils profiles and results obtained from those tests are required in the stormwater report. (506.C.4) Comment Response: The soils report will be included in the stormwater report. 7. The point of interest should be labeled on the drainage area maps. Comment Response: The POI is now labeled. 8. We recommend that a 3' x 3' x 4" thick concrete pad be installed in the basin bottom at the location of the 3-inch diameter outlet orifice to help prevent vegetation from clogging the orifice. Comment Response: A concrete pad is now shown on the plans and details. 9. The detention basin requires an emergency spillway. The spillway should at least be sufficient to direct any possible overflow to a desirable location (506.A.4) Comment Response: An emergency spillway is now shown to direct stormwater to the existing inlet. 10. The basin bottom elevation should be included on the Outlet Structure detail, Sheet 6.01. (506.C.6) Comment Response: The basin bottom elevation is shown on detail sheet 7.01. 11. The Maintenance Program requirements on Sheet 6.01 make reference to a Homeowner's Association. We assume that stormwater facilities ownership and maintenance responsibilities will be assigned to the Shippensburg University Foundation A clarification is requested and the plans should be revised if necessary. (506. E) Comment Response: The maintenance responsibilities now reference Shippensburg University Foundation. (Sheet 7.01) Mr.~William'Kick December 1, 2006 Page 3 of 3 12. The stormwater management narrative and the plan require the seal and signature of the responsible engineer Comment Response: The narrative and plans will be signed at final plan approval. 13. The plan proposes to use GRASSPAVE for stabilization of the emergency access adjacent to the western property line. The plan label allows for an equal substitution of this product. The label should read, "or equal approved by Shippensburg Township".There axe very few equal products available and those that are available differ significantly with regard to installation and construction requirements. Further, the plan requires a cross section construction detail for this product consistent with the manufacturer's specifications including a prepared subgrade, compacted sandy gravel base, sand core fill, and sod surface Comment Response: The label has been revised to read "or equal approved by Shippensburg Township". A cross-section with manufacturer specifications has been added to the detail sheets. 14. With regard to the emergency access lane, we recommend that the developer consult with local emergency services providers to ensure that a workable arrangement and roadway configuration are developed. We note that the available turning radius may be somewhat restricted for larger vehicles entering the parking lot. We also recommend that the limits of the GRASSPAVE be expanded (see attached sketch) to provide a larger stabilized area for maneuvering vehicles in this area. Comment Response: The Fire Chief has been contacted and confirmation will be sent to Shippensburg Township. 15. Confirmation of E&SPC Plan and NPDES Permit approvals are required from the Cumberland County Conservation District Prior to Final Plan approval. (506.D) Comment Response: The plan has been submitted and labeled administratively complete. Approval is pending. 16. Construction security in a form suitable to the Township is required prior to approval of the plan. (506.F) Comment Response: The cost estimate will be provided prior to recording. I hope that you will find that we have adequately addressed your concerns. If at anytime you should have comment or question, please do not hesitate to contact me. 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'~ o~> n rn n P ~~ ~~ ~~a z~ ~~n w p Sy ~ ~ g P D ~ ~~a ~" ~~~ "~ ~" ~~ 6EiA ~ ~A o Oo ~ ~~ " ~~ IF y ~ ~g ~ ~ ~ -^ ~ m .m ~ ~ G7 T ~w S ~~ $ rna ~~ ~ - xDo s ~ rn F~ ~ mgm ~$~ ~ ~ ~~ ~ ~~ F - _ y a m~ o ~ s ~ 5 m ~~ y .m m mK m 3 ~ z ~ ~ m8 ~ $ rn ~n 4 ~o ~ _ ~~ a '~ "a ~ 4 HOT POINT =~~~ =; (~ ~ ~~o~ ° ~°=a TOWNHOUSE DEVELOPMENT 'H° '"""°""°""'~'~ ~ ~ Z V ~~= g SHIPPENSBURG TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA ;; °i ~~ Z ", FOR ~0 y~ 30,nea SHIPPENSBURG UNIVERSITY FOUNDATION s is 'g i6 m ~ ~ ~ a ~ BIGLER SITE, HOT POINT AVENUE I ~> ~ ~ ~ ~ °~i 1.~ 1 ~~~~ a ~~~ ~ 4 ~~ i ~~ P~ ~.. ~~ v ~~ ~ ~y ~; H ~S r ~ $ ~ ~ ~; s ~ ~~ ~ Y R. ~ o~ tt ~ 8 ~ $3 ~ ~ o ~~ ~ ~a ~ z s 3 € s_ g ~ £ ~ ~ f ' 4 y'j $ 4 £ p£ J F G r 0 0 .g N m ~ 3 -v Z Iz __ o~ ~~ H ~ ~~ z ~~ z 't1 - v . O fg a ~ ~ ~ Q r o9 i o ~_ ~ rn 1 v q :s r";~~ . ~q~ ~a I ,. a ~ ~~~ :~ ~~.~ ~~ a 4 ~~T~ ~ i~~, ~;~ s Y° ~ ~ ~~~ ~~~ ~ ~Fg't 19i~ qq t It+ ~~;t z°*-4'~ ~ }~a ~ ~~a~ 1~~ wl G c g a ~ ~ 'a ~g~~c$~ p~o~~° ~. " N-~u„~ ¢~Ng „x '~aa° ~=.o ~. F ~~ 4 ~$ rn ~~ ~ ~~ ~ s x.. 2 a~ ~ ~ ~a y ~~ t~P S, ~ ~~ ~~ e w a N O I ~ d ~~ ~`~-~1°T p~=~E OpM~N~ a~ UNN~ P~ ~IDEW NnONSaSE MD ~D ~pUNDATION _, ,or. UNIVER ~tNT p~NVE 9 ~` 8 • ~;~ ~ $~~~$ ~~~ ~a~a~~ a~~ ~ ~~ ~ ~ ~`` t))~ Cj &m fl~ T ~~;. ~p . L ~~~ v', G'i rn~ m` ~" ~ ~~~ ~ ~~ ~ P ~ ~ x ~x z ~ ~ 3 3 e, ~~ ~ - 7 a~ F~~. m ~ 8~ t ~ B{~ i (fM1 A ^ H SS a £ Q ~ rn t ~ °s~ ~ ~ ~ rT. ~ " ~ o. ° ~v /lF~ ~ :, n 1 ~WA~ ~ ~~ . ~~ ~ ~~ ae ~0 r~ ~'~ m~/~ ~g m 8~a ~$~~~,Lr~ i Shippensbwg Township Board of Supervisors Regular meeting December 2, 2006 Chairman Galen Asper called the meeting of the Board of Supervisors of Shippensburg Township to order at 8:00 a.m. Those present were: Galen Asper Richazd LeBlanc Howard Albrecht John Bard Crystal Miracle Jack Gordon Matthew Brundzo Wendy Carnes Greg Lambert Ron Stephens Jim Robinson, Solicitor Linda Asper Stephen Oldt Charles Heckman Lawrence B. Abrams The minutes of the November 4, 2006 meeting were motioned for approval, as submitted, by Mr. Brundzo and seconded by Mr. Bazd. Unanimous vote. Motion carried. There was no report by the State Police. There was no report by the Fire Chief. There was no Ambulance report. Shippensburg University Foundation Land Development Plan (Hot Point Townhouses) The Plan was presented by Ron Stephens and Greg Lambert of CEDG, the applican's engineer. Additional information was provided by Rick LeBlanc of Crabtree Rohrbaugh and Associates, the applicant's azchitect, concerning the proposed buildings. Discussion was held between the Supervisors and the applicarn's representatives concerning details of the Plan. Bard made a motion to waive the requirement for a preliminary plan which was seconded by Asper. Vote was 2 -1 in favor (Brundza opposes). Motion carried. Brundzo made a motion that approval of the Plan be postponed until Supervisors receive final comments from Martin & Martin and DEP. Motion died for lack of a second. Bard made a motion to approve the Shippensburg Foundation Final Land Development Ptan contingent upon resolution of all Martin & Martin comments and DEP approval. Vote 2 - 1 in favor (Brundzo opposes). Motion carried. Cumberland County Planning Commission Agreement Mr. Asper explained that this is an annual agreement between the Cumberland County Planning Commission and the township in which the County attends township Planning Commission meetings and provides other services at no charge to the Township. Mr. Brunzo made a motion to approve the Agreement as presented and Mr. Asper seconded. Vote was unanimous in favor. Motion carried. Auditor resignation and replacement Mr. Asper stated that Kit Rosman has presented a letter of resignation as township auditor. Mr. Asper made a motion to accept Ms. Rosman's resignation and Mr. Bard seconded. Vote was unanimous. Motion carried. After Mr. Asper explained that a replacement would have to be named immediately because of the timing of the resignation, discussion was held between Messrs. Asper and Bard with Wendy Carnes. Motion to appoint William Craig as a Township Auditor to replace Ms. Rosman was made by Mr. Bard and seconded by Mr. Asper. Vote was 2 -1 in favor (Brundzo opposed). Motion carried. 2007 Budget Motion was made by Mr. Brundzo to pass the 2007 Budget as presented. Seconded by Mr. Asper. Vote was unanimous. Motion carried. Cable Franchise Agreement and related Resolution 2006-2. Mr. Asper explained that the Cable Franchise Agreement with Comcast is approaching afive-year anniversary and that Comcast was requesting the Township to acknowledge its automatic renewal in writing. Mr. Robinson explained that it is a five- year agreement with provisions for its automatic renewal for another five-year period. The Supervisors discussed Resolution 2006-2, which had been requested by Comcast, in which the Township goes on record as opposing any attempt by the state legislature to implement state-wide franchising of cable operators and discontinue local franchising. Mr. Asper made a motion to approve Resolution 2006-2 which opposes the changes in franchising and Mr. Brundzo seconded. The vote was unanimous. Motion carried. Solicitor's report. Mr. Robinson stated that the deed for the property adjacent to the township building as presented to Mickey Nye contained an incorrect legal description and had been returned to John McCrea. Mr. Robinson will contact McCrea and try to resolve this matter. r Mr. Robinson announced that Shippensburg Townhhouses II filed an appeal of the approval of the Conditional Use Application for The Shippensburg University Foundation in the Court of Common Pleas of Cumberland County on November 30, 2006. The Shippensburg University Foundation, as landowner, has joined in the suit in support of the Township. This being pending litigation, nothing further will be said. Supervisor's report Mr. Brundzo asked the Solicitor if any progress was being made regarding the G&C Associates property on Route 11 about which residerns had complained at previous meetings. Mr. Robinson stated that a letter had been sent and that he would discuss it personally with Mr. Cassidy. Mr. Bard stated that, upon further review, the bid for a new truck submitted by Frederick Chevrolet at the November meeting did not meet the township specifications. The bid had been awarded to H&H Chevrolet. Mr. Asper thanked township employees for the work they did after yesterday's storm and thanked Mr. Brundzo for his work for the Senior Center. Mr. Brundzo suggested that the old truck be used by the Township Codes Officer instead of her using her personal vehicle and charging the Township for mileage. Treasurer's report The Treasurer's report was presented by Mr. Oldt. Public comment. Jack Gordon of Shippensburg Townhouses expressed his displeasure with the actions of the Board of Supervisors concerning the Shippensburg Foundation development project and clarified his position regarding the Conditional Use approval and the Land Development Plan approved by the Supervisors at this meeting. Discussion was held with the Supervisors and Solicitor concerning the conditions imposed, with Mr. Robinson explaining that the condition that the property remain on the tax rolls has been deemed unenforceable by the Pennsylvania Supreme Court. Howard Albrecht expressed his displeasure with the Board's handling of the Shippensburg Foundation Land Development Plan and the replacement of the Township Auditor. In discussions with the Supervisors and Solicitor, it was explained to Mr. Albrecht that the plan approval granted at this meeting was contingent upon the satisfaction of all comments of the Township Engineer (Martin & Martin). Mr. Albrecht ~~ a Cumber{and County Conservation 6istrict 43 Brookwood Avenue, Suite 4 - .Carlisle, Pennsylvania 17013-9172 -Phone (717) 244-7812 -Fax (717) 240-7813 Chrystal Miracle Shippensburg University Foundation 1871 Ofd Main Drive Shippensburg, PA 17257 January 2, 2007 ACTIVITY NAME: Hotpoint Townhouse Development PERMIT NUMBER: PAG2-0021-06-048 MUNICIPALITY: Shippensburg Township COUNTY: Cumberland County, PA Dear Ms. Miracle: Enclosed is the above referenced permit which authorizes the discharge of stormwater from the construction activity described in the final erosion and sedimentation control plan and the permit application. Please ensure that the approved erosion and sedimentation control plan is fully implemented and available at the construction site. The Cumberland County Conservation District reviewed the erosion and sedimentation control plan to determine whether it is adequate to satisfy the requirements of the Chapter 102, Erosion Control Rules and Regulations. The Conservation District assumes no responsibility for the implementation of the plan or the proper construction and operation of the facilities contained in the plan. Please read carefully, Parts A, B and C of the permit which details the terms and conditions of this authorization. Conservation District staff and/or representatives of the Department of Environmental Protection (DEP) may inspect this earthmoving activity to determine compliance with applicable permit requirements, Chapter 92, 101 and 102 Rules and Regulations and "The Clean Streams Law". Permit requirements and federal regulations at 40 C.F.R. ss122.21(b) require that "when a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit". Please be advised that once a contractor has been selected for the project, the contractor must either be added on as a co-permittee or have the permit responsibility transferred to them. The co-permitteeltransferee form must be received by this office at least 30 days prior to the co-permitteeltransferee action taking place. The enclosed form must be used to add a co- perm ittee/transferee. Enclosed, also is a Notice of Termination (NOT) form to be completed and filed with the DistrictlDEP once construction activities have ceased and final stabilization has been achieved. The County Conservation .District must be notified by telephone or certified mail at least seven (7) days prior to the start of construction. Apre-construction conference is requested. CONSERVATION -DEVELOPMENT - SELr-GOVERNMENT This authorization does not relieve the applicant from applying for and obtaining any and all additional permits or approvals from local, state or Federal agencies for the construction activity described in the permit application. Sincerely, f~ Kimberly J. Falvey "" District Technician Enclosure cc: Galen Asper, Shippensburg Township Jeff Kelly, Cumberland County Planning Commission Nathan Watts, CEDG Engineers Clerical Support, Permitting & Technical Services, Southcentral Regional Office District File JAN-24-2007 11:10 AM SHIPPENSBURG TOWNSHIP 7175525107 P. 01 .. ~~~ ~~ ~ ~ martin and martin ,incorporated 37 south main street • suite A • chambersburg, pennsylvania • 17201-2251 {717) 284-6759 (717) 264-7339 (fax) email: martinmartin~innemet.net January 5, 2007 Shippensburg 'township Supervisors P.O. Ii~~s 2l9 Shippensburg, PA 17257 RE: Hotpoint Townhouse Development Stormwater Management Plan MM Tile: 492.153 Gentlemen: C)n December 1, 2006 Mr. Greg Lambert of CFDG, Ine. hand-delivered revised stormwater management information to this office in response to our review comments dated November 17, 2006. Through the course of our discussion on that day it became apparent that the design engineer would need to further assess possible impacts posed by both the floodplain and groundwater table, The outcome of that effort will determine whether or not the currently proposed stormwater management facilities are viable. Significant charges may be necessary. Our office will withhold any further comment until such time that all impacts are assessed. In the meantime, please don't hesitate to contact our office at your convenience. Sincerely, MARTIN AND MARTIN, INCORPURAT>ED ~~~~~~ William Kick, El"1' WMK i'ax u;: R~mald Sl~phcns. CEillCi, Inc. CirCg l.amtx~rt. C;F:DG. tnc. MUNICIPAL • URBAN • REGIONAL • LAND DEVELOPMENT AND ENVIRONMENTAL PLANNERS MUNICIPAL • CIVIL • SANITARY • SOLID WASTE AND ENVIRONMENTAL ENGINEERS Y ~ SHIPPENSBURG TOWNHOUSES II, LLC, ..r,r,.,...,.... 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.2006-7323 CIVIL LAND USE APPEAL 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 a Ja7~~ 7 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 J~'V'es M. Ro nson, Esquire pp~rney I.D. 133 Turo Law Offs s 28 South Pitt Street Carlisle, PA 17013 Phone: 717-245-9688 t'? ~ ' C~ "~"i ki to ; -~~ . . N "cl J., , '' -. `- t'~.~ ~, . . _ y ~ 'Tn ~ Q ~ ~~ Lawrence B. Abrams, Esquire Attorney I.D. No. 18028 Kenneth L. Joel, Esquire Attorney I.D. 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 SHIPPENSBURG TOWNHOUSES II, LLC, : IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY PENNSYLVANIA v. Civil Division 06-7323 / SHIPPENSBURG TOWNSHIP and THE 07-1128 SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Land Use Appeal Respondents THE SHIPPENSBURG UNIVERSITY (Companion Actions to Land Use Appeal Filed FOUNDATION, to Docket No. 06-6887) Intervenor LANDOWNER'S SECOND PETITION FOR ORDER REQUIRING APPELLANT TO POST BOND AS A CONDITION TO PROCEEDING WITH ITS APPEALS Landowner/Intervenor, The Shippensburg University Foundation, by its attorneys, Rhoads & Sinon LLP, petitions Your Honorable Court to order the Appellant to post bond as a condition to proceeding with its Land Use Appeals under Section 1003-A (d) of the Pennsylvania Municipalities Planning Code, 53 P.S. 11003-A(d) (1997}1 (the "Planning Code"). In support of this Petition, Intervenor avers, as follows: ' Appellant presently has three Land Use Appeals pending before this Court. In that regard, Appellant filed an appeal of the Township's Conditional Use Approval ("Zoning Appeal") and a hearing on Intervenor's Petition to Post Bond is scheduled for April 16, 2007. In addition, Appellant has filed two related appeals challenging the Township's approval of Intervenor's Land Development Plan and the Township's re-affirmation of that same Land Development Plan. Through the instant Petition, Intervenor respectfully requests that this Court require Appellant to post a bond as a condition to proceeding with these appeals challenging the Township's approval of the Land Development Plan. As all these appeals are intertwined, Intervenor respectfully requests that this Court take evidence and argument relating to all of the Petitions at the April 16, 2007 hearing. Counsel for Appellant concurs with this approach and has represented that he will not object to the Petition being tried on the April 16, 2007 date. 644630.3 Parties 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"). 2. Respondent Shippensburg Township and its Board of Supervisors (collectively, "Township" or "Respondent") 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 and 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 "Conditional Use Application"). 3. Appellant is the owner of the adjacent 36 acre, 170-plus 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. Conditional Use Aaueal 4. On or about August 15, 2006, Intervenor submitted its Conditional Use Application with the Township. 5. On or about September 18, 2006, the Planning Commission for the Township met and considered Intervenor's Conditional Use Application. Testimony was presented and this testimony made clear that Intervenor sought to construct, in a C-G zone, its townhouse project, 2 which is allowed as a conditional use in the C-G zone because it is permitted as of right in the R- 3 zone. 6. The Supervisors then held a public hearing on the Conditional Use Application on October 7, 2006 in accordance with the conditional use zoning procedures stipulated in its Zoning Ordinance of December 3, 1990 (the "Ordinance") and the Planning Code with respect to Intervenor's Application. 7. At their regularly scheduled meeting on November 4, 2006, the Township Supervisors granted approval of the Conditional Use Application 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. The Supervisors imposed certain zoning conditions on the Foundation's Project deemed necessary by them to implement the purposes of the Ordinance. 8. 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 at both venues, and attended the legislative session on November 4, 2006, where they also objected to the Conditional Use. 9. Appellants, thereafter, filed a Land Use Appeal relating to the Conditional Use Application ("Zoning Appeal"), seeking to defeat and now delay the ultimate completion date of the Foundation's Project past the August 20, 2007 student amval date. 10. In that Zoning Appeal, 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." 3 11. 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-1" shows the actual size of the lettering of the Plan note on the 11 "x 17"plan. 12. 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. 13. 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. 14. 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)." 15. 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." 4 16. 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" and as further amended, Exhibit "E-1" establishing that the R-3 District requirements would apply to the Foundation's Project. 17. 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." 18. To the contrary, the development of the Property was required by Ordinance to meet the R-3 District requirements and the other existing Hot Point Road properties are zoned in the "C-G" Township's zoning district. After the public hearing, 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. Additionally, by operation of law, allowing a use by Conditional Use demonstrates that the use is in harmony with surrounding land uses and is deemed to be legislatively appropriate. Further, in fact, the Foundation's townhouse development is far superior from a construction and aesthetic standpoint, to the stick built, post WWII appearance of Appellant's apartment buildings. 19. Respondents have filed a proper Answer to the Land Use Appeal. 20. Further, in support of the Answer, Intervenor filed a Petition for Order Requiring Appellant to Post Bond on or about December 20, 2006 to the Companion Docket 06-6887 in which Intervenor contended that the Appellant's 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 5 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." A hearing is presently set for April 16, 2007 on Intervenor's Petition. First Land Development Appeal 21. Thereafter, Intervenor sought approval of its land development plan. In that regard, on or about November 20, 2006, the land development plan was presented to the Township's Planning Commission. Appellant presented its objections to the land development plan after a member of the Planning Commission (who is the property manager of Bard Apartments) called the Appellant on her cell phone prior to the start of the meeting. She informed the Appellant that the meeting was going to start and that he must get to the meeting immediately to voice his objection to the land development plan. Intervenor presented its land development plans to the Planning Commission. By a vote of 4-l, the Planning Commission voted to recommend the land development plan for approval. Not surprisingly, Appellant's employee cast the dissenting vote. 22. The Township approved the Foundation's land development plan dated October 30, 2006, revised November 28, 2006, on or about December 2, 2006. A true and accurate copy of the application for land development approval is attached as Exhibit "F." A true and accurate copy of page 3 of the Intervenor's approved land development plan ("Site Plan 11-28-06") is attached as Exhibit "G." Copies of the Supervisors' minutes approving the land development 6 plans are attached as Exhibit "G-l." As is typical, the Supervisors' approval of the land development plans was conditioned on the Intervenor's resolution of all outstanding plan review comments of the Township's engineer. 23. The Township's approval of the land development plans was similarly met with an appeal by Appellants ("Plan Appeal"). 24. Intervenor/Landowner, intervened as of course on or about January 12, 2007 and Respondent filed a proper Answer to Appellant's Land Use Appeal on or about January 25, 2007. 25. The Plan Appeal re-alleged that since the Conditional Use approval had been purportedly improper, the approval of the land development plans was improper. Appellants also re-alleged that townhouses may only be constructed in the R-2 district. Appellants further claimed that the construction of Intervenor's project will not be in harmony with the surrounding neighborhood. For the reasons set forth above and in the Answer to the Zoning Appeal and in the Petition for a Bond on the Zoning Appeal, these contentions are frivolous and wholly without merit. 26. In addition, Appellant raised two further contentions. First, Appellant asserted that the Land Development Plans did not comply with "requirements imposed by the planning commission or the [Township's] engineer." To the contrary, as a matter of fact, Intervenor did make changes to accommodate the Planning Commission's and the Township engineer's comments. Also, Pennsylvania law is clear that the planning commission is an advisory board and is limited to making recommendations of conditions to the Township Supervisors. The Respondents' land development plan approval process under which it processed and approved the Intervenor's land development plans was wholly consistent with Pennsylvania law. 7 27. Appellant raised a final issue in its Land Use Appeal. Specifically, Appellant asserted that the Township's approval frustrated the public's ability to review and/or comment on the plan. To the contrary, Appellant had been vocal in its opposition to Intervenor's land development plan. Its concerns and objections were noted at the Planning Commission stage (through the efforts of the Planning Commission member who works for Appellant) and at the Township stage. Notwithstanding these objections, both bodies approved the land development plan. Further, to the extent that Appellant asserts that it was prevented from commenting on December 2, 2006, such has been cured by Intervenor is again presenting its Land Development Plans (hereinafter defined) at the Supervisors' regularly scheduled meeting on February 3, 2007 at which point Appellant was afforded a full and fair opportunity to raise any and all objections that it had. Indeed, Appellant even brought its attorney in from Erie, Pennsylvania to assist it in making its case. Thus, this contention was mooted and is now also frivolous and wholly without merit.2 Second Land Use Aaueal 28. As noted, on or about February 3, 2007, the Township, in a duly advertised and noticed meeting, held a meeting where Intervenor again presented its land development plans, dated October 30, 2006, last revised January 30, 2007 updated the Township Supervisors and all in attendance on its progress in resolving the Township engineer's comments (the "Land Development Plans"). Appellant was at this meeting, with its Erie counsel, and was afforded ample opportunity to speak and raise its objections. The Township then reaffirmed its approval of the Land Development Plans as the Township engineer's comments had been satisfied by the z To that end, Appellant also filed a separate Equity Complaint against the Township alleging a violation of the Sunshine Act in that Appellant purportedly was not afforded the opportunity to speak at this December 2006 meeting. Subsequent to the February 3, 2007 meeting, where Appellant was afforded ample opportunity to speak and where the Land Development Plan was re-affirmed, the Equity Complaint was withdrawn. 8 plan adjustments. The Intervenor's approved Land Development Plans (14 pages) are recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 93 at Page 124 et seq., a copy of the revised page 3 ("Site Plan 1-30-07") of which is attached hereto as Exhibit "H" and, by this reference, made a part hereof. 29. Appellant again filed an appeal ("Second Land Use Appeal"). 30. Intervenor/Landowner intervened as of course on March 16, 2007 and Respondent filed an appropriate Answer to the Appeal on or about March 26, 2007. 31. In the Second Land Use Appeal, Appellant rehashes many of its arguments that were previously made against the Respondent's grant of the Conditional Use and its approval of the Land Development Plans. To that end, its ¶27(a), (b), (c), (c), (d), (e) all were alleged before. For the reasons set forth above, then, these contentions are all frivolous and wholly without merit. 32. Appellant then asserts that the Land Development Plans includes "material changes that had not been reviewed by the Planning Commission and ... were not accompanied by approvals from relevant individuals, including the Fire Chief" and that the Land Development Plans include "material changes to portions of the Foundation's project for which the Foundation had already received a limited application building permit to allow `site work only. "' ¶27(f), (g). To the contrary, the Land Development Plans did not include any material changes. To that end, the revisions in the Land Development Plans, which were highlighted at the February 3, 2007 meeting, merely responded to and resolved the Township engineer's comments. Thus, because the December 2, 2006 approval of the Land Development Plan included a condition that the engineer's comments be resolved, the February 3, 2007 meeting merely updated the Township and others and demonstrated to them the Intervenor's resolving all Martin and Martin comments. 9 The Land Development Plans that were re-affirmed at the February, 2007 meeting had not materially changed. Rather, they were the same land development plans as were presented in December of 2006 with revisions necessary to resolve the Township Engineer's review comments. Compare Exhibits "G" and "H" attached hereto. Therefore, as a matter of fact, Appellant's contentions are frivolous and wholly without merit. Amount Of The Bond 33. Reiterating Intervenor's assertions in its first Petition, 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 "I." 34. 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 15`h to May 14`h, with an 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, $1,600.00/mo./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 "J." WHEREFORE, Intervenor respectfully requests that consolidated argument maybe heard on the Appellant's Conditional Use Appeal and on its first and second Land Use Appeals (all together, the "Appeals"), at the hearing now set on Petitioner's first Petition for April 16, 2007, that the Court find the Appeals to be "frivolous" on the basis of the record and relevant 10 Ordinance provisions as supplemented by evidence to be presented at the hearing, and that Appellant be required to post a bond for damages payable to Intervenor upon the Township's prevailing in its defense of the Appeals in the amount of $519,900.00. Dated: March 30, 2007 Respectfully submitted, RH S&S P B 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 11 CERTIFICATE OF SERVICE I hereby certify that on March 30, 2007, 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 -~ / ,. ~, ~.~oann M. Fetrow EXHIBIT A N~~. 21. 2006 3:1bPNi ? SENTINEL Shiuvensb~r;, Pa. Nu. 3015 P, 2 APPLICATION FOR CONDITIONAL USE PERMIT SHTgPENSBURG TOWNSHIP, Ci3MBERLAND COUNTY, PENNSYT,VANIA oO c~csc'sl~ - Fee Received ~(1(~ Application # gy ~ ~g~~ Date Received. ~ZR.G , ~ ~g,,'o~OQ~ S a~~o0{c Notices Date of Publication ' Date of Hearing G °~~ Date of Action CSU `'~ ~~a~ Action. ~ Application is hereby made to the Supervisors for a Condition Use Permit in conformity. •with Az'tic.le rZ __ ,Section 2.404 ,i, Subsection ,Para•graph of the Zoning Ordinance and any amendments thereto for•the following described work: 1. Name of: Address: Phone: pp licant~h~gp~sbuze Univ Foundation 1871 013 Main Dr S,hi~g .~77-477-~.~!1 ' ~ Pa z7zs7 • essee weer s i~anQb ~r It-iy. .d i»d~C~lo^ 117-~i77_1,377 PA 17257 ttorney .rchitect nq inBeX' ~~ h jr~~ 71'7_hQl _Rl15(1 Mechanicsburg, FA 17055 :ontractor' 2. The subject property is located as follows: North side of Hot_Yoinc Avenue a rox3matel 900' west of Hot Point Avenue's 3.ntersection with Middle Spring Avenue 3, xhe subject p=operty is situated .in a CG ~ zoning district. 4. Existing use of land and/ox building isVacant 5in~1e Famil~"Home 5. The app~.icant request a'conditional use permit for the use of the property above for a construction of 21 unit Tot~ahau~se•-.Davelopaient (student housxnx) and associated parking and utilities as provided under the provisions of Article I~~, Section Zpq of the Zoning Ordinance, and in support thereof submits the following documents: Exhibit "A" Page 1 of 2 Nov, 21. 20G6 3:16PM T' SEPlTiNEI Shiopen~b~rg, Pa, No, 8015 P. 3 a} A certificate of Ownezship;. Deeds attached b ) a Completed• Building Permit applicat~,on NfA c) A completed Preliminary Subdivision Plat Application AttachQd d} A proposed Site Development Plan Attached e ) A Vicin,zty Map Attached f) Subdivision Water and' Sawage Report Noce on d) g) Soil Percolation Test Report N/A ' h} Other (specify) 6_ the appli~cant~alleges that the proposed Conditional Use: a) Would hood north o be in harmony because~~y~idenr f »rnnar.,y~V •. with the character of i=~ c~r;sfi~ with toW'IIl~ause the naighbor- development Lo the -~ b) and that it would not be detrimebtal to the property of persons in the neighborhood because water aad sewar Will ~e n~,t;i ~f anc~ stormwaiar will discharYe direct y 'ante a jacenr waterway 7. In addition to meeting the standards prescribecl'by the Zoning . ,ard,inane.e, the applicant will •p~'ovic~e, cz~rb:and s.3.dawali~: a1,on~•. , .._.._...,.,, ,..a ~~rU~n~_ tannic court for occuvants and landBCaping further Served. ~u~r~u~~ft Fa 2- ~ ~ ~ b ~D SNtP~'~u$~~~e VI•~t~1• l~i~d~TZa~D to Nothing i,n the Applkcatiion shall relieve the owner or his agent, the developer or the applicant, for either a C'onditior-al Use Permit or a Site Development Plan approval, from the necessity os obtaining Subdivision Plan Approval in accordance with t'rte Township Subdivision and Land Development Ordinance, if applicable. Referral to: Date Approved Disapproved Climb. Co. Planning Comm, Ship. TWp. Planning Comm. Township Engineer Supervisors Exhibit "A" Page 2 of 2 E~IIBIT B 5000 Ritter Road, Suite 203 Mechanicsburg, PA 17055-4828 Phone: 717.691.8050 E N G 1 N E E RS Fax: 717.691.8055 TO: Shippensburg Township 81 Walnut Bottom Road Shippensburg, PA 17257 ^ Resubmit copies for approval WE ARE SENDING YOU ®Attached ^ Under separate cover via LISPS the following items: ^ Shop drawings ^ Prints ^ Plans ^ Samples ^ Specifications ^ Copy of letter ^ Change Order ^ _ COPIES DATE N0. DESCRIPTION 1 Check for $300 9 2 Conditional Use A 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 ® Submit 9 copies for distribution ^ Return Date: August 16, 2006 Project No.: 06063 Re: Shippensburg University Foundation corrected prints ^ PRINTS RETURNED AFTER LOAN TO US REMARKS: COPY TO: SIGNED: _ Ronald E. Stephens, PMP, PE, PLS Exhibit "B" Page 1 of 2 ~r~ii j ff ~ ~J_I n ~S L'{~_ !vL i .~l' as ~. II ~.., ~ i i y~i eiy ~% `F h 1 c~ , 3a ''r% aI ~ m , . r r r ~'/ ! (1 La 1 Smart +7R'-OLYiA~~,_ ~ _ ~• f °~~~ ~ 7 i /•~ ~' ~Far7~ / yy--- ~~ a ~i.~ i ~ ~,~;~~~~ i I f,~~'/ ~ fa ! ~" Y r rS ~~ ;fFfb4 ~ i7+' . ~ `/ ~ iq`, ~I j f 1+ g1 ~ ~ 7 \ ;(~ i i I i I ' ~ I - ~*~~11 I ~~02 ~ 1i le~• ~'i ~ ` I F~ 10 lLo j ~~ '' ~• ~~~ i IIli ~~ ~ I II ~~~ I i ' i ~p~` ~ 1 ~ I f ~ ~ ~ j ~< < a' : v ' i I ' I .. i 1°.Q~ i ~w~i U 1,~~4 +~ I ~ ~I j, I ~~~ I I~a~ O ~ I i 11 ~ -~• ' I I I ~" I I I O i ~ i 1 I ' ~ ~~ ~ . ~ ~ .,~ o Im,•''•^i I ' 1Ij~ p.~j~ _ _ __ i t a ~ ~•1~ ~ ~ O I \ I N ~ u -` ~ n I ;Y ~ . \ { ~ A ~ C -i rn ~ I ~ ~. Z \ 1 ~ ~,; ~ w ~ \ ~ 1 _~~ __ I a;„er' ~~ ~~ ~_.~ r e l ' ~..~m •-•- ._ _ ...~ . d _~ ~~ , ,o ~ , _ I;= ', ~ ~__~__~ L>yso~r ~~ ~ ;~:~ _ _ ;M.ob,yz~sr; ~ . .`. _...~ I. m ~ 4~ o ~ m I _ c~ n~ i a No rt i ma" °~ 3m SS i ~ o' ma A sw ?+~c= CN 2= 1p~; Ian ~n~ a ~~ ~ >'~~ ~ T ~ ~ l m y< ~~ ` 1 ^ o~ a al°.~ ~ CM1 1 ~ ry i ~ } ~ ~i~t{~ SKETCH PLAN - - ~ ~ C~ ~~ i ~ ~;;~ ~ TOWNHOUSE DEVELOPMENT ~ ;_ ~ a R7 F+ = sawe+mme~vwra~. cun~ eouKnr, ne+NSxwuw ~j ~ t z Q _ ~ jj /~ i SXIPPENNSHURG UNLVER4TY FOUNDATION a r~ 1! is 1.. 1 e i e ! ~ srca.ex a,~ Mar romr,urea,e Exhibit "B" Page 2 of 2 ~JIS~ E, 2U~~375Aa~sf Ttad ] ~ G O~pd P/W ' y7. gg7.20 ~ Net Naa' ~.g6 sl Trail 2 • D~ ~ M'N r `l~ 4~ 96 !f ~ i~ 3 N~ Pta . s 133,477.16 ~ ~danyal u+a 0..3 ~t aV0f6v°I m ~'•~- Tnml Net ~ -..dal C ond10°^al Use 3 1 ~" 14 R 1 1 R- ~ Slda _ 10' 0.aa~' Setl~Kl~s FTC- 10. Bu1AdM9 t° parldn9 se~°~ pt a 20' 1a-9g % p~ mK W"~" CJf/a~~ y ~*~ to a~ ~ ,ro ,~ Bu9d''n9 Bu9din9 ~pV°raya aYowad . 49,E ~' 44.8M• Toml Sm9e~aus CA~e pab0c Als~uga 1~ a01~C,~mtvroY• Sayer ands Now vd~ dlnect Wamr' `'ha eta:21 B0 ~~ Taml Numb °f Taynhau~ parkln9 ProFpy°d 95~ st ~ . 00 5G~ x 150 sf} ~~,.:nmg~R~~r N~PaT' ~~ ¢ 13 bsdb°h'i ZanU~9' Raquaarle9 Habl Aj Jer ShipPensb~r9 7o~nhouses II, ~ PG. 79 P.B. 86, pG. p,g. 256, f (?is €~(-~,,.-, ---., `~,`~- ~•.~... Commercial G?~~g--~ -_ _" _ ~ ,. _. crn) r N ~ r f l r r i -1r ~ \ at'1~ 7~ r r r ' 1Y `, \' ~ ~ , as poaa S*~ .. y' - 1 ~ \ ~ ~ , ,~ \ ~ (~) ---- - --- -- f ` ~ t i .~ ~ _ ~ ~ ~ .- "' - t ~ 6~g t .~. ~, ,. -{ { ~ >--- ShipPensbur9 779 P.$Ug6' ~C-G J" ,~ `~ ~ t ~? ~E ~'~"'~ _'"' 1 D.B. 256 ~~ eras ptstr~~ ~ - k ~ ~ ~ . ~ off.. ~an.,m2rcia~ Gen ~ i, ~ ~~ ~ .~. ; ~ ~ -~~ 16. . { _ .i '' , j ~I ~,, ~ ,14 , ~ '~ ~ ~ . ; f ~ 1 r i~ ~V ~ ~; ~ 1 ~ jt ~ t / ~ 1 ` { ~ ~ /' ~ i~ 1~ ~ 1~. 1 ; 1 ~sz9 ~ ~ i s BELL Cl3.,, a5 ~ t~„---sc''9--... ;--'.'~"~- ~ ~ ~ ~-.,._; No.- 6 ~1. '^~. 3 ^t T.G.: 627.38 __._... _.._ _.~._ ~. .-- -'--- 1 ~_ ^ ~,~~`~..~ ~-' ~..~~8 E. Curb - ~y"~ r o Lines _.. .. ~ ~'^~ 36" RCP-= ' ^~ - -- _I_ _ _ ~ ry _. _ _ _ _ _ _ _ _. _. ``~~ .06'9tl ~~~ l~ ~ ~Mag. Hats Mag. a ~---'~ - ~-_ . ~ BELL ~{y~,~\ ~,,. ,,.~ ~-.,,_~. .r- ~., No. 5 ~ ~ \~"\~ `'- ~9''~- r-- --BLS' U7' CO. "~~ EXhyblt u ~~''"'~ EXHIBIT C ~- r• .. ' ~ , A-3 Aasidsnai ••Districtr , . .. ' .. MULTIPI.= ~diilLt RESZDBatTiJIL ~J Section 500. In 1t-3 Rsaidanca Districts, the folloviai rs8ulationa shall apply: .. , r , ~ , ~ Section 501. Usa Regulations. A building say be erected or used and a lot may ba used or occupied for any of the following purposas'atld no other. provided that public sanitary sewer and water supply faciliti~a will serve all uses neceasitatia~ such, sad that any use necessitating sanitary sera; and water supply ^srvicaa which will not ba provided by public facilities shall be only those permitted fpr,the R-1 Zoain; Diatrict~ sad shall ba in sccordaaca with the minimum standards of that district; aad~provldsd.that the raquitamsnes of Stations 91S snd 916 shall apply to all pessittad aoasssids:stial uses. :.. .. i. 8ingle-Easily detached dwalliss;s. - '~ 2. Slagle-family semi-datachad drallin~8.. ~ . 3. Siagie-Easily attached drailiags (rar houass) (tova bosses) (qusdruplss houses). - • , Y 4. 71-o~-fasily detachsd dwal].iagt (dupisz dwlliags). ~ ~ ~• S. Two-family seal-dstacbad dwallinar (double duplas dwslliaga). 6. Garden Apartsants (See Article ZIV~ 11-E) and Apartssnt 8ouas (Sae Article 7CIV, 11-D). 7. Public and privat4 schools iacludia~ colleges and iastitutiona of higher '~`~ education. 8. Public pariu. playgrounds. established cssstsrias sad taaicipal ragrsatioa arses. ~ •• , , 9.' Public utility sad coesaunicatioas buildiaas sad strunturas~whare opazatioa requiramants nscessitata locating within the diatsict. 10. Signs rhea erected sad maiaeaiaad is accosdance rith the proviaiaos of Articia Z appearing harsia sntitlad "SIGNS". 11. The tilling of the soil. the rsiaiag of Crops. fruits and v.ietablaa~ azeeahouaas and nurseries. ~ ~•• •• 12. ~'3'he following user . wben.; au~horitsd,ras•.;a;, conditional has ~a 's~cosdaric~~rrt.C~' . ''-diction 1400.9 sad is accordance with Chi applcablf~proirisio~`"~`of`S~tioas~~ `~+1~13 sad 916 s , . __... , ... . . . a. Fratsraal~ so=ority, roomiai sad boazdia= baussa (Article xIV~. b. Churches or similar placss of worship,, Pariah boussa•,eoovsata. • Exhibit "C" E~:HIBIT D 10. Condomiaiuat~ Qn apartaeat building or davslopmsat, shopping center, industrial park or other multi-unit building or complex (a) in which the individual ras~daatial, buaiaeas or other units or building spaces are owned by the accupaat, but in which the land on which the building or group of buildings is located and other comaoa elements (ouch as walla, sntrancas, atairxays and corridors) era owned and maintained jointly, and (b) which is d~valopad, awned sad operated under Cha proviaioaa of the "Unit Property Act" of July 3, 1963, as aseaded. 11. Dwelling: a. Single-Family Detached Dvslliag: A dwalliag oa a lot daaignsd exclusively as a raaidanca for ons (1) family aad~having na party wall is common with another building. Nhara used is this. Ordinance, the tarn aiagla-family dwalliag shall not include a mobile home, which is defined balaw. b. Two-Family or Duplex Dwelling: A doubls dwelling deaignad exclusively as a dwalliag detached from other buildings, sacb half aaparatad from the ott}as by a party or common call for`vartical occupancy, os by a c~iliag-floor aeparatian for horisoatal occupancy. ~ x, ~.. _ , . , ~ : ~ ' ', * ~"~. c. Multiple-Family Dwelling or Structu~a s ~ A ;.gsabrai ~ farm ,sa f e'rriag: to ~' any residential building, or to any structure deaignad ~iad occupied axcluaively sa a~rssidaaca for three (3) or swr• families. ,•..;~; d.• Apartmeat•aousa: Amultiple-family dwelling, as defined above, with each dwalliag wait occupying only a sia;la floor sad deaignad for rental or condominium owaerahip.. ~~ a. Garden-Type Apartment gouge: Aa apartment. houaa (a) characterised by low lot coverage, (b) with appropriaea landscaped open apace, including play sad racrsativn area is addition' to the rsquirsd off-strast parlriag apace, sad (c) which consists of aide by side dwalliag units on sack floor sztandiag from front to rear. f. Mobile Some: A transportable one-family dwalliag intended for paraanent occupancy contained in one unit or in two unite deaignad to ba joined together to form the whole dwalliag, but capable of. again being aaparatsd for rspeatad towiag~which (a) arrivae at a site compl,sta and ready for occupancy azcept for minor unpacking, utility hookup sad aaasmbly operations. sad (b) may be lived in . rithout a permanent foundation. g. Townhouse: A" multiple-family raaidantial .structure, as datinad above, which (a) camprisaa Chraa or mos. attached single-family dwalliag units extending from basemsnt to roof, (b) contains ~- variations is dwalliag unit facades sad (c} is deaignad fos rental or condaa~#nium oYaarship. Exhibit "D" E~IIBIT E ' OCT-06-06 FRI 08.16 AM CEr - ;, FAX K0, 7' ~'i918055 sHtPP!~r~se~u~a TavVNSH~P CUIVlB~RLAI~D ~QUNTY, PENNSYL1fAfilla +QRD1MAAtCE NC. 200-0~ P, 02 '~ !~ ., ~- ET IS H! :RUBY CNAGTED AND ORDAIN~© by the Board of Supervisors of Ship~ensburg 'Township, ~Gumberian~i County, Pennsylvania, that the Shippensburg ~"nwrishlp Ordinance, Ordinance 9~0-~t,ls amended as fo{lotus: Se~iort 2Q~. Progressive Permif#~+ed Uses f~errnitted uses for a!! ~or~ing Districts shall be progressive among the Districts when authori~~d as a cvndilional use in accordance with Sections ~4Q0(g) and 109, A!l permitted uses fcr the A-G Agricultural Districts shalt be permitted in alE other districts, A!I permitted uses far tJ,~e R-1 Residential Districts shat( be allowed in all districts except A-G, etc., according to the fioltowing hierarchy: !'ermitted uses from: A G AgriGUEtural District R-`i Residential District R-~ fesirl~;ntia! District t~-3 Residential nistriGf C-G Comrnerc{al General District M-L Manufacturing t.imited District Steal! be allowed in: . A-G; R~9; R-2; R 3; GG; M-L R-1; R-2; R-3; C-~; M-L R~2; R-3; C-G; M-L R-3; C-G; l~l-L. C-G; M-L M-L Any and all deve{oprnet~t within a District must comply with the requirements for that T7istrict, as dictated by the ~oriing ordinance. That is, a single family residence erected {rr tl~a C-G Commercial General District must comply with all requirements of the C-G Commercial General District. Exhibit "E" Page 1 of 2 OCT-06-06 FRI 08 ~ 16 AM CET FAX K0, 7' '318055 P, 03 ~. ~, • .; 1/NAC'f~~7 ANb C~RDAIN~D ~y #i~e Board o~ Su~eryiso of St~ippensburg Tov+msl~ip, G~mberiand Coc~nfy, P~nrisyivan~a, ~is~ ~ day of utit~. ~Q~2, in session dull a$sembied. SHIPPENSBURG TOWNSHIP BOJIRD OP SUPERI/ISORS Chairman ATTCST S~ecrct~ry ~~ t Su rvi or Ry; Supervisor Exhibit °E° Page 2 of 2 E~;HIBIT E-1 AN ORDINANCE TO AMEND THE SHIPPENSBURG TOWNSHIP ZONING ORDINANCES It is hereby enacted and ordained by the Board of Supervisors of Shippensburg Township, Cumberland County, Pennsylvania that the following Shippensburg Township Zoning Ordinances be amended as follows: 1. The last paragraph of § 204 of Ordinance No. 2002-03 entitled, 'Progressive Permitted Uses' is hereby amended to read as follows: Any and all development within an original district established under Zoning Ordinance No. 90-04 and now permitted in another District under this Ordinance (Ordinance No. 21002-03) must nevertheless still comply with all requirements . ~ established for that original District prior to its permitted inclusion herein. Byway of example, asingle-family residence (R-1) now permitted to be erected in the Commercial-General District (C-G) must nevertheless still comply with all _ requirements of the said R-1 Residential District.' 2: Ordinance No. 90-04, Article V, § 504, paragraph 3, concerning rear yard depth is amended to provide for a rear yard depth of fifteen (15) feet. 3. Ordinance No. 90-04, Article V, § 503, lot regulations concerning building coverage is amended to provide that building coverage upon a lot shall not be greater than seventy percent (70%) of the total lot size. 4. ~ Upon enactment by the Township Supervisors, this Ordinance shall become effective immediately. . 5. All other Ordinances or parts of Ordinances inconsistent herewith shall be and the same are expressly repealed. ENACTED AND ORDAINED by the Boar of Supervisors of Shippensburg Township, Cumberland County, Pennsylvania, this day of ~ec~~-- ~~ , 204, in session duly assembled. SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS B- Chairman Exhibit "'E-1" Page 1 of 2 Secretary Exhibit "E-1" Page 2 of 2 EXHIBIT F ,QNov, 21. 2~}~:6 3:11PM I~ ~ENTIN~L Shipoensb~r;, Pa; Nu, 8G(5 P, 4 P.O, Box 219 SMp" stwra, PA 1?2S`f (7 (7} 532-'l 137 Siit~P'i?NSIiURC 7'tJWT~51iTP CUM1tl;Rt.ANn Ct)UNTY PFNNSYi,YANIA Agpllcitiotf 1r~' Sai-diYlsten xrid land hcv~tepmtn.t Pt~n Rertt~ Ai! tpp((anta,hcutdyeview tha "Ihwnthlp Zonin6 t)rdlnanae No. 90-4 ~u.amended ~ ltle Subdivitlonll,~nd i)evetopmait Ordinance No. 7t}-6 u t•mrndrd prior to fubmltting plant for ttrviev. The appt(ant [s reipocisibte for prang the apptiwtioe tnd~plant In ootnpllu~ae wltfi rete++~nt loaf ordtnaryce: and etzee~ tegulattont. '1'ht aubrrttttfon Ol' • plan wllllout [lie dita and pltni~ ttquired vender. the Suhdlvlaton and Land l?rrelopment Ordl'nance th.il not he conzsidet~d an oRlda! . tarbtn4et)oiti. 1<edlc.ate type, ot'applltatlon: isro-Appliatloo/Slcetch Plan 1?roltmintr3l Ptah x Plnaf Plan NgR10 Of tOglttdbd Owl1v; Shippansburg Univ. Foundation. rj0, 717-477-137 7 .~,.~_.. J1ddr+esa: 1 ~ 01d Main Dr~iye, Shippensburg, PA 17257. , _, . ., ., - . , .~.. _ ~ _ ~_ ~X~QItCatll:sfiipp_,~,er4Sbu~~ ~Uni~eraity Boundation ptloneNO~ 717-477-1377 ~~ Addt+Qte ~ 8J 1 OId.. Main Ilr3va , $hi~•pensburg , PA' 17 25 7 ~Surveyin6 or ~gicbccCna Pine _cEDG; Inc _ AddrCSa; snon Ritter Road; Suit 203~~M+a~c~hanicsburg; pA 17455 ~,~„ Ce7fltsct ~tOci; Donald E. Stephens •-, ~~ ~ 'i'lita _Sa=lior Pzo~eci M3tlaQex • P41oneNo,1'17-7'17~9,~ 050,~,,,,,_r„~ pax No, 717-458-9337 • Ptvject Ntrf~: ~hipu~naburR Foundation •Townhous~es S(ytAeadOA; North .side liot Paint Ave, approx. 900' west of Hot Foint Ave i tersection ---~.,.~..~_.,.._...._ ..__.~~.~......._.~.~.~ Mi dd Z n Sp iri, i Tvt i'aroelNo. .36-33-1865 ~1ng bitq.tct Commercial GQnarxl ~ ~~ Aaage ., 3.284 ~ ~ _ No. of Lots/UnltS ~ 21 Public Wattr (X) Yet ( ) No Rrbilc Sewet (x) Yep ( ) No T'nit ptati r+equirea:l3oriding'tx direr Security (g):Yza, ( ) No; Yariatnce{t) ( ) Ya4 ~[) No; Conditional ux appKaval (~~~Yd, () No; Spedal P.~coeption AFpsvval ( ) Yd, (~) Ko; ?.oning Map Ch9urrgea ( ) Yts, tx) >va - Apptlcant"t Sigralute Tine __ lkte Provide a ~enersl de8~rfp~tiotit bf tba•pro)eet lrxtudir~ the p~ti~ioeed ute. _ "i -w • cotndal U,a Recdvod br _ _ -- - Aare iteaelved Plan Numt~d File~Numbet Engineer Ref. No.____-__.. Dxision Tlct+dod bY: bate,,_,~y, (Planning Commies+va) Deie,_..__,,,_,'.,,{Suptrri~oct) Ren-iewod by Plsnnins Gamcriltsta~: DRts~ _ .r„ Suppvr,on ,Date _-- ) Exhibit "F" E~:HIBIT G ;q E 30N3AV 1NIOd lON '3115 L319I8 YC-„ V ~ ~~ ii g~ 3 NOllV4Nf10~AlISi13~INf1921f195N3ddIH5 $a~~ _' ~~ Q V ~ .. .i ~ bSNtlAlA5NN3d'A1N/10]ONV11139Wl17 'dIHSNM01 ON085N3ddIH5 a 9 0 Gl~ W ~ ~' f 1N3WdOl3A34 3Sf10HNM01 ~d,j„ ~ _. = ni ~~ C> x .,~a~. 1NIOd lOH a=e~vE _~; ~M o~ zm g ~ a~ ti~~ 2 ~ ~ N Z n ~ rv w ~ m ~ ~ G ~ m o 3° p a ^ F; E._ t t _ us•:r.ww ~ .~~ j y ~- n~~ ~ ~ ~~~~~~~ ~ ~ ~ s a ;° ooh ~ i i •e ~a B ~~~~~~~ ~ i~~ ~ ~ ®® ~i ..... , ~~~s~~~ ~ ~ y~ ai •^ N U O ~i ~L `O~ UU 2 ~.My~ L o~p tie @~ y °' a o~ h 0 ~ m ' o _...._ 4. n ~ ~ ~~~~ ~.~~ ~ ?dro ,'" °~"' '~ ~ v ~ o~ .Ps i " ~ a s°° ~ - ./ .. `^~` £ ~ L ~ ~ io~G o~E ~~o @ `0 >m yCry4 C ~ v l i ` 1 ~o ,, ;. I ~ 1:1 ~~ a ~ I:I wf ~ ~ i ,~' ~t.~~ ` _ .. ~~ r _~ ~~~ ~{ - "3:K~. ; 3NO1S ~.. ...w ~.-,. .~..,~, ~~ ~.~~ ~>~ `- ~ a n z e`„ ~ LL~ ~ s ° q ..a 3~m zx d ~ ~ 3 c ~ ~ u° ~~o I n am 0 ' M I V ~ ~ w ~ . 2 ' w a '' 4- 2 O a t- ,~ _ , ~~ ~ _ ~~ ~~'. ~~1 `~',~G 4 1 I~ 1 I i I 1 ~.. ~I.4,~ ~ ~' 'a I S ~ '°,,~; ~. I • ~ 1 6 ~~ ~ I~ ! ' ~~ I ~~II~ ' Exhibit "G" (11-28-06) E~:HIBIT G-1 Shippensburg Township Board of Supervisors Regulaz meeting December 2, 2006 Chairman Galen Asper called the meeting of the Board of Supervisors of Shippensburg Township to order at 8:00 a.m. Those present were: Galen Asper Richard LeBlanc Howard Albrecht John Bazd Crystal Muacle Jack Gordon Matthew Brundzo Wendy Carnes Greg Lambert Ron Stephens Tim Robinson, Solicitor Linda Asper Stephen Oldt Chazles Heckman Lawrence B. Abrams The minutes of the November 4, 2006 meeting were motioned for approval, as submitted, by Mr. Brundzo and seconded by Mr. Bard. Unanimous vote. Motion carried. There was no report by the State Police. There was no report by the Fire Chief. There was no Ambulance report. Shippensburg University Foundation Land Development Plan (Hot Poi~rt Townhouses). The Plan was presented by Ron Stephens and Greg Lambert of CEDG, the applicart's engineer. Additional information was provided by Rick LeBlanc of Crabtree Rohrbaugh and Associates, the applicant's architect, concerning the proposed buildings. Discussion was held between the Supervisors and the applicant's representatives concerning details of the Plan. Bard made a motion to waive the requirement for a preliminary plan which was seconded by .Asper. Vote was 2 -1 in favor (Brundzo opposes). Motion carried. Brundzo made a motion that approval of the Plan be postponed until Supervisors receive final comments from Martin & Martin and DEP. Motion died for lack of a second. Bazd made a motion to approve the Shippensburg Foundation Final Land Development Plan contingent upon resolution of all Martin & Martin comments and DEP approval. Vote 2 -1 in favor (Brundzo opposes). Motion carried. Exhibit "G-1" EXHIBIT H V ~ 4 ~~ an~nv iN~oa iaa 'aus axis ~ A : j g A A tti~ NOLLVUN(10~ AlI5L3NNf1 91lt19SN3ddIH5 R ~ W u~^ }~ iE ~ am ~ ~ Q Q 2~ EE S E 1/INYAlA5NN3d'.UAY~O]ONY'Itl39Nfq'd0i5MMQ19W195N3ddQ15 Q V W 3~" ~ 1N3Wd0~3A3a 3Sf10HNM01 , ~F,! ~~~~ , M ~ 1NIOd lOH }!~lP~ f ~:. 1 gyY ~~~ .~ ~s~ ~ N g0 ___L-___ ~~E Y fi= ~~~ ~~~~i~~~~~ ~ ~ ~ all ..~oo®~ ~ ~~ ~~ , '~, ~~ I~ ~~ E~~~~~ ~ ~ ~~ o~~~B~~~~~~~ ~ ~g~~ ~ ~rrrrrrrrrrr r r ~ i ~~-;~ ,,® i illy ~ 1~ i ~ - I {' II I I j j I i ~IIi1~~..' I A ~ ry I I~ S 5~ ~! ~~~~ ~ ~m I ~~ I ~d ~~ N I / ~ /r % j; i% %% ~. ,' /~ ~ / ~ o H.a ~v ~ o-, Zo> w ~Wi, t" a ~U 2 ~~~ 3~ ~~a ~~ -0„ a ~„~ ~. ~I ~~~ :~¢ ''\ `I~ ~7 J i $as ~ %~' I, `~ `~, r~ ~ W .`~ ~` ~; ;, ; ~, ;~: yap ih3~ / f'~~ ~ ~ li ./ ,~ ~.. !;/i;., rts i e- ., ~ ~ ~'~~. x Ij ~ i~~a..~i a^ '~ ~:~~ ~ I'` Xi d#' 1~~ f -. "..~i ~~m '~ '~ ~ ~ s ~~ i ~ ` '' ~. N ~ Yy H I ~${ y~ Exhibit "H" (1-30-07) EXHIBIT I 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 (6 mos. at 5%/Annum) Total $217,500.00 632618. ] Exhibit "I" EXHIBIT J 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 "J" Lawrence B. Abrams, Esquire Attorney I.D. No. 18028 Kenneth L. Joel, Esquire Attorney I.D. 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 SHIPPENSBURG TOWNHOUSES II, LLC, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY PENNSYLVANIA v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Respondents THE SHII'PENSBURG UNIVERSITY FOUNDATION, Intervenor Civil Division 06-7323-~ 07-1128 Land Use Appeal (Companion Actions to Land Use Appeal Filed to Docket No. 06-6887) (Equity Action 06-7319 withdrawn) AMENDMENT TO LANDOWNER'S SECOND PETITION FOR ORDER (Local Rules 208.3(a)(2) and 209) Landowner/Intervenor, The Shippensburg University Foundation, by its attorneys, Rhoads & Sinon LLP, hereby amends and supplements its Second Petition with the following paragraphs: 35. The above docketed Land Use Appeals are companion actions to Appellant's original Land Use Appeal which was assigned to Judge Guido who set a hearing and argument on the original issues for 1:00 p.m. April 16, 2007 in Courtroom 3. 645506.1 36. Counsel for both Appellant and Respondents concur with the consolidation of all Appellant's issues so that they may be heard and argued at the April 16, 2007 hearing on Intervenor's Petition. Dated: April 2, 2007 Respectfully submitted, S&S NL B Ct,~.Jl~.t~~- Lawrence 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 April 2, 2007, a true and correct copy of the foregoing Amendment to Landowner's Section Petition for Order 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 Oz~~xn~.-7r1, ann M. Fetrow ~ o O C~. ~ -r7 r~;r ~-n ~__ ~ ~ 1 .tip • '-- {...' ~+r ~ { ~5{ .~ ~ { ri s Y ' MAR 3 U 2007 N' SHII'PENSBURG TOWNHOUSES II, LLC, : IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY PENNSYLVANIA v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Respondents THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor Civil Division 06-7323 / 07-1128 Land Use Appeal (Companion Actions to Land Use Appeal Filed to Docket No. 06-6887) ORDER AND NOW, this day of 2007 upon consideration of .Landowner's Second Petition for Order Requiring Appellant to Post Bond as a Condition to Proceeding with the several Appeals, it is hereby ORDERED that the issues raised by Appellant in its three (3) Appeals docketed as above are consolidated for purposes of argument, that evidence on disputed issues of material fact, if any, and argument on questions of law on all of the Appellant's issues in the three (3) Appeals be presented at the hearing on this matter, previously rescheduled by Order of this Court on the Petitioner's first Petition, on April 16, 2007 at 1:00 p.m., in Courtroom 3, Cumberland County Courthouse J. JS 1 - :f.S ~~~ flt ~ .IV..I -=-.r~ ~~^~~ 1~ f=~' ~- ~~~~ L~~l SHIPPENSBURG TOWNHOUSES II, : IN THE COURT OF COMMON PLEAS OF LLC, :CUMBERLAND COUNTY, PENNSYLVANIA Appellant v. :CIVIL DIVISION 06-7323 / SHIPPENSBURG TOWNSHIP and THE : 07-1128 SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS Respondents :LAND USE APPEAL THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor (Companion Actions to Land Use Appeal filed to Docket No. 06-6887) PRAECIPE TO THE PROTHONOTARY: Please file the enclosed minutes and exhibits from meetings of the Shippensburg Township Board of Supervisors which, in addition to the Hot Point Townhouse Development Final Resubdivision and Land Development Plan recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at Plan Book 93, Page 124, comprise the entire record of Shippensburg Township relative to the captioned matter. ~ ra ~ _ Date RespectFully Submitted TURD LAW OFFICES ~ •~ J es M. Rob son, Esquire 2 South Pitt treet Carlisle, PA 7013 (717) 245-9688 Attorney for Respondents, Shippensburg Township and The Shippensburg Township Board of Supervisors Shippensburg Township Board of Supervisors Regular meeting February 3, 2007 Chairman Galen Asper called the meting of the Board of Supervisors of Shippensburg Township. to order at 8:00 a.m. Those Present were: Galen Asper John Bard Mathew Brundzo Jack Gordon Rick Revegno Chrystal Miracle Neal Devlin Wendy Carnes Howard Albrecht Dale Heberlig Steve Oldt Kenny Nehf Ron Stephens Greg Lambert Jim Robinson The minutes of January 2, 2007 meeting were motioned for approval, as submitted, by Mr. Bard and seconded by Mr. Brundzo. Unanimous vote. Motion carried. There was no report by the State Police Fire Chief Report -Kenny Nehf of Vigilant Hose. 690 calls in 2006 22% or 153 of those were in Shippensburg Township. Copy of 2006 Fire Report Summary in Minutes File. There was no Ambulance Report Rick Revengo- Cumberland County Commissioner was present to discuss property tax assessments and to share concerns and will continue to lobby legislative to give municipalities the right to raise revenue in another form other than taxes. Rick explains to Supervisors and public how the Cumberland County assesses taxes. Rick explains and provides a copy of the County Assessment Static for year 2005. Copy in minutes file. Public Comments Wendy Carnes -thanks Rick Revengo and makes a report on the Zoning Steering Committee. Request for Qualifications was put out, presentations were heard, and resulting in Martin and Martin was selected as the Consultant for the project. The process is moving along. Jack Gordon -Shippensburg Townhouses. Comments on the fact that the excavation permit was issued. Reserves the right to comment after the presentation of the Hot Point Townhouses. Supervisors agree to this. Neal Devlin -Attorney for Shippensburg Townhouses also request the right to reserve comments till after presentation. No other public comments. The Shippensburg University Foundation requested to be on the agenda of this meeting to clear up any concerns. Greg Lambert CDEG Engineers -presented the revised plan that has addressed Martin and Martin comments. Greg explains how these comments have been addressed. Mr. Brundzo -questions if the Fire Chief has reviewed the plan since the emergency entrance has been expanded. Crystal Miracle -This has been forwarded to Clyde Tinner, the Fire Chief, but the area was expanded and he has not responded to the Township with any concerns. Jim Robinson - to Jack Gordon -any comment pertaining to the litigation will not be responded to; all comments should be directed to the Board of Supervisors. Jack Gordon -expresses his concerns and dissatisfaction with the plan. Discussion took place between Mr. Gordon, the Supervisors and the Township Solicitor regarding the enforcement of the conditions imposed under the Conditional Use Approval. Neil Devlin -Comments on detention pond, emergency access, and other issues. Expresses his displeasure of how the plan has been handled. Comments from public took place as to satisfaction and dissatisfaction as to how the procedure of the Shippensburg University Foundation Hot Point Townhouses was handled. Mr. Asper motion to reaffirm the approval of the Shippensburg University Foundation Hot Point Townhouses Land Development Plan contingent upon All Martin and Martin comments being addressed. Seconded by Mr. Bard. 2-1 vote. Motion carried. Marc Rideout provided supervisors with a resignation from the Zoning Hearing Board. Mr. Brundzo motion to accept resignation, seconded by Mr. Bard. Unanimous vote. Motion carried. Mr. Asper explained that a Notice was run for the position on the Planning Commission. Marc Rideout was the only respondent. Mr. Bard makes motion that Mr. Rideout be appointed to the vacancy on the Planning __. _ - --- Commission. Seconded by Mr. Asper. Unanimous vote. Motion carved. _ Solicitors Report Global Towers Partners agreement. 5 year initial term with 4 additional renewals, 5 years apiece, with each renewal the monthly payment is increased by 15%. The payment will in crease in March 2007 from $900 to $1035. Mr. Bard motion to sign agreement with Global Tower Partners. Seconded by Mr. Brundzo. Unanimous vote. Motion carried. 2 Still working on correct property description for adjacent property. Hopes will be together by next month. Supervisors Report Mr. Bard reports that it is time to move forward with Township moving the maintenance shed and Township Officer out to park. Mr. Brundzo has drawn a very good design of what the building should look like. Mr. Brundzo reports that once a deed is prepared for adjacent property, the township would like to sell the tract that the current office and maintenance shed is located on. A plan needs to be in place for when this happens to cause the least inconvenience to the township as possible. The Medics will continue to be housed by the township. Matt lays a rough sketch out for everyone to look at of the proposed building. Open for suggestions. Galen reports that they will try to get as much in grants a possible. John Bard reports that the last well drilled at the park is very hard water and is taking a toll on things at the park. A water softener is going to be needed. Mr. Bard will get a price on a softener. All Supervisors agree that this is a necessity. Linda Asper reports that the Planning Commission recommends that the Supervisors look at the Progressive Use Ordinance and consider an amendment to eliminate this ordinance. Discussion took place regarding the procedure to rescind this ordinance. Matt makes a recommendation to proceed and the other Supervisors agree. Mr. Bard questions Mr. Robinson as to where he is at with the amusement tax. Jim still is working on this. Discussion also took place regarding a "room tax". Treasurer Report Mr. Oldt -Balances down some due to $50,000 for truck. Copy in minutes file. Discussion took place regarding the selling of township property, procedure, and what will need to be done if money needs to be borrowed. Steve does have information on different grants out there. Mr. Bard motion to approve January disbursements. Seconded by Mr. Brundzo. Unanimous vote. Motion carved. Mr. Bard motion to adjourn seconded by Mr. Brundzo. Unanimous vote. Motion carried. Mi tes espec lly Submitted ~~ Linda Asper Township Clerk 3 APR-12-2007 12:08 PM SHIPPENSEURG TOWNSHIP 7175325107 P. 02 - fir.-,_ - - • • _ma_rtin _aind martin ,incorporated ~1 / ~1 / ~ ~..~.~ ...,_.,~.,.._ ~_,., ..__.~.... ,...........___.~~_._._..,~_. 37 south main Street • suite A • chambersburg, pennsylvsnia • 1721-2251 {717) 264-6759 {717) 2fi4-7339 {fax} email: rnartinmartin ~ innernet.~iet January 26, 20U'7 Shippensburg'Township Supervisors f ;0. F3ox 219 Shippensburg. PA 17?57 Re: Resubdivision & Land peveloprncnt Ptan 1-iot Pnint Townhouse Development (revised) Our file: 492.153 (ZIF-T5/492153A) Gentlemen: Uur off+ec has reviewed the above referenced resubdivisian and land development plan in accordance with the 'Cawnshi ~ Ordinances and in light of our earlier comments dated December $, We would note the following remaining cammcnts for your consideration. I . Pennsylvania DEP planning approval must be acquired and any comments from (;FJMA and the Barough Authority with regard to sewer and water service, including any required Financial security, must be addressed. {30R.J. K) 2. The applicant will be required to guarantee the completion of all public improvements prior to the release of an apFroved T'inal Plan- (307.D) Our office is prepared to review an engineer's detailed and itemized cost estimate in an effort to determine an appropriate amount far said security. As stated Several times I~reviausly, a portion of the proposed driveway entrance unto Hot Point Avenue continues to encroach onto the adjoining Slaver lands and results in the taking of a portion of the exi;Ming wall. This issue remains unaddressed and will require an casement agreement with the neighbor. ,The fact that the work is propysed to occur whin the axis ing right-of way d .sn't i the licunt the re ht n elir»~ to the •ei hb is w 1 ur encruu~h in frnn of their nruner~ unl~sv u mutrtul ugrcemeut t that act s be reach Said agreement should be provided to the Township Solicitor for revit:w and approval prior to execution. Ideally the entire drive could simply be shifted to avoid any impacts on the neighboring property. We recommend that the Township na become involved in this potential dispute between private property owners. 4, The plan continues to maintain a mast recent revision data of November, 2006. All plan sheets should be properl;+ revised to reflect the date of the most recent changes. MUNICIPAL • URBAN • REGIONAL • LAND DEVELQpMENT AND ENVIRQNMENTAL PLANNERS - ------------ _.._r.,......__......,,...~,. _.._..~~.,~.~._.._-- MUNICIPAL • CIVIL • $~>-NITARY • SQLID WASTE AND ENVIRQNMENTAL ENGINE APR-12-2097 12:09 PM SHIPPENSBURG TOWNSHIP 7175325107 p.pj3 ...__.. .r ~...-.. ,___.. Shippensburg Township Super~isdrs January 26.2007 Page 2 5. With regard to stormwater management we offer the following remaining comments. The proposed detention basin outlet will be connected to an existing stormsewer run located on the north edge of ~lotpoint Road. The stormsewer discharges directly to Middle Spring Creek below the 100-year floodplain surface elevation. In our November 17, 2006 review litter we requested that thE: devotoper's engineer determine if the stream would backflow into the detention basin under normal flow or flood conditions. The cn};incer has confirmed that the stream will backflow into the detention basin at times resulting in a loss of basin storage volume, Additionally, the water-carrying c~tpscity of the proposed stonmsewer run beginning at the southwest corner of the parking lot and ending in the detention basin will be compromised when the basin is inundated. Haled on the computations provided, it is clear that the basin is sufficient to manage runoff from all storms up to and including a 100-year design event when the water level in Middle spring Creek is not elevated. However, there will be times, particularly during prolonged periods of rainfall and flooding in the creek, that the stormwater facilities will not function as intended. Tho result will probably be that runoff from the parking lot will bypass the detention basin and discharge at the western property line. The frequency with which these conditions could occur is not kr-own, but the likelihood increases as the severity of the weather increases. !t appears that the only way to eliminate these conditions would be to elevate the site su!'ficiently above the 100-year flood elevation to prevent inundation of the proposed facilities. However, since a provisional building permit has already been issued and structure foundations have alread~~ been constructed to the proposed first floor elevations on the current plan, the site is probably prohibitively constrained to accommodate such a significant change. The following additional comments ate offered for your Consideration; a. We recommend the fioodplain boundary be revised on the plan for consistency with the FEMA mapping, and that base flood contour elevations be shown. b. The stormwater management narrative and the plan require the seat and signature of the responsible engineer. c. We recommend that the limits of the GRASSPAVEZ be expanded (see attached sketch) to provide a larger stsbilized area far maneuvering emergency vehicles in this area. This comment was affere~ in our November ] 7 letter and agreed to by the Developer at the subsequent 1'dwnshil~ Planning Commission meeting. d. Confirmation of E".d~SPC Plan and NPDES Permit approvals are required from the Cumberland County Conservation District Prior to Final Plan approval. (506.Q) APR-12-2007 12:11 PM SHIPPENSBURG TOWNSHIP 7175325107 P. 07 ~~ t Shippensburg Township Supervisors I~ ebruary 1.2Q07 Page 2 Should you have any questions concerning this correspondence, please don't hesitate to contact this of~iee at your convenience. very truly yours, MARTIN AND MARTIN, INCORPORATED Timothy C. Cormany, AICP TCC cc: CEDG, Inc. Chrystal Miracle, SU Foundation ~ 1"7~~2.51~~ ~~uRG -~01dN5HIP 1~ PM r~H~M~.,,,.~.---- ~ ~~ Lim ~•~• Z~~~ TQwnt~a~' i inept C~ i '•~ _ y, J~! .~.^" ' _ a+ ~ ~ e' "~+"' ti ~ \. „ i; y 4.P~Po r. ~My'n~ • ~... .29 , ~ ~~~, ~~ r.. = t~ ~ ~° ~, g '~° ~ ~, 11 ~._ . . . ~. .,. , . .~ ~, .. ~' i ti d` '~ ~ I ~' S ..,,, y~ ' ~ ~ LP"' r ~M~`~ 3~ p¢ ~ .. r j /~ k~~rFl ~ 11 ~ y. ~ ~ ~ C 8 R .a aa0 Qa t • ... O ~ . , 1 ° °o°o f y~ , a a o~a ' }fa 'v~, ~ , oe o R'"~''as 19 ' ,~+ 1 °o a° 6~e A '1 e0a a G F~ o •,q e e e Q 'r~M QROe a ° . aooa as o o ^"'~ e°o e ~ ~` ~°°a a ,~ ~ a ery ' , o°ao 'a ~~ ~ °oa a +r~n~ ' ~ ao4 P Oaop w. ~ +tir~nd aoo° ~ aaaa ~....~+...~...~... o.'l. "~ art ~ .r,!, ~"' ern ~ ~ + : 61' °+v • ~: ~r "~ ' . ,r,~__,T.. w _.~•= r APR-12-2007 12:10 PM SHIPPENSBURG TOWNSHIP 7175325107 P. 06 ~ ~. • '1' ~ martin and martin ,incorporated ~1 / ~- 37 south mair street • suite A • chambersburg, Pennsylvania • 17201-2251 (717) 264-6759 (717) 264-7339 (fax) email: martinmartinC~innernet.net February 2, 2007 Shippensburg Township Sultervisars P.t). Box 219 Shippensburg, PA 17257 Re: Resubdivision & Land Development Plan Hot Point Townhouse Development (revised) Our file: 443.153 (!1P-TSI49? 1538) Gentlemen: Our ofl`icc hag reviewed the above referenced resubdivi5ion and land development plan in accordance with the Township Ordinances and in light of our earlier comments dated January 26. We would note the following remaining comments for your consideration: 1. The applicant will be required to guarantee the completion of all public improvements prior to the release of an approved Final Plan. (307.D) Our office is prepared to review an engineer's dc,tailed and itemized cost estimate in an effort to determine an appropriate amount for Said security. 2. The owner's certifieati~an statement and the stormwater facilities acknowledgement must be signed, dated a,~d notarized. 3. The sur,~eyor's statemt~nt of accuracy must be signed, dated and scaled. Also, the engineer's and surveyor's statements both refer to Washington Township and Franklin County instead of Shippensburg 'Township and Cumberland County, 'this should be corrected. 4. With retard to stormW~ater manabemant we Hate that our previous comments have been adequately addre~csed to comply with the Ordinance criteria. Our prior review mentioned concern over whether the basin is sufficient to manage runoff from a 100- year design event whE~n the water level in Middle Spring Creek is elevated. The frequency with which these adverse conditions may occur, and the extent of arty system back-up, is not known. However, while the concern remains, suffice it to say that the Ordinance crit~nria has been met by addressing conditions up to and including n 10-year storm event. MUNICIPAL • URBAN • RE310NAL • LAND pEVELOPMENT AND ENVIRONMENTAL-PLANNERS MUN{CIPAL •- CIVIL • SANITARY • SOLID WASTE AND ENVIRONMENTAL ENGINEERS AFR-12-2007 12:09 PM SHIPPENSBURG TOWNSHIP 717532'5107 P. 04 ~ -- Shippensburg Township Super`~isors Ianuary 26, 20D7 Page 3 Should you have any question,, concerning this correspondence, please don't hesitate to contact this office at your convenience Very truly yours, MARTIN AND MARTIN, INCORPORATED ~- ~ ~ I irwl Timothy G. Gormany, AICP Tcc cc. CEI)C, inc. SHIPPENSBURG TOWNHOUSES 11, 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 CIVIL DIVISION 06-7323 07-1128 : LAND USE APPEAL (Companion Action to Land Use Appeal filed to Docket No. 06-6887} 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 Gornall & Sennett, P.C. Brian Glowacki, Esquire Neal R. Devlin, Esquire 120 West Tenth Street Erie, PA 16501-1461 ~~~aJ©-~ 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 Ja a M. Robi on, Esquire Att ey I.D. # 133 Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Phone: 717-245-9688 F;~ (~~ ~~:- S {`J .-.-~ f_ ,. `~ _ S`~ ~^'~ ..r- 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Appellant Civil Division NO. CI-06-7323 / NO. CI-07-1128 v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Respondent THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor Land Use Appeal APPELLANT'S RESPONSE TO SECOND PETITION FOR ORDER REQUIRING APPELLANT TO POST BOND AS A CONDITION TO PROCEEDING WITH THE APPEAL AND NOW, comes Shippensburg Townhouses II, LLC ("Appellant"), 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: Admitted. 2. Admitted in part and denied in part. It is admitted that the Shippensburg Township's Supervisors ("Supervisors") granted The Shippensburg University Foundation ("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 (the "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". 3. 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 on which Appellant has 172 townhouse units. In further response, all of the units on Appellant's property which Appellant constructed were constructed in accordance with the requirements of the R-2 zoning district. 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, 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. 4. Admitted 5. Admitted in part and denied in part. It is admitted that the Planning Commission for Shippensburg Township (the "Planning Commission") received information from the Intervenor regarding its conditional use application. In further response, the Intervenor's comments before the Planning Commission and the contents of its conditional use application made clear that it desired to construct a townhouse development that would be in harmony with the Appellant's development. It is specifically denied that the Development presented by the Intervenor was such a development. It is further denied that the Intervenor was permitted "as of right" to construct its development. To the contrary, the Shippensburg Township Zoning Ordinance (the "Zoning Ordinance") only allows the development of townhouses in a C-G zoned district if that development satisfies the requirements for a conditional use, which the Intervenor's Development does not. -2- 6. 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 denied that Shippensburg Township (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. 7. Admitted in part and denied in part. It is further admitted that the Supervisors imposed some conditions on the conditional use permit that they granted. It is specifically denied that the granting of this conditional use was appropriate and in accordance with the requirements of applicable law. 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 remaining allegations in paragraph 7 of the Intervenor's Petition. Therefore, those allegations are denied. 8. 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. 9. It is specifically denied that Appellant has filed any of these three related Land Use Appeals "in an attempt to defeat and now delay the ultimate completion date" of the Intervenor's project. To the contrary, Appellant has consistently voiced its objections and concerns regarding the Application and Intervenor's project, many of which have been echoed by -3- the Township's own engineer. Had these concerns been address during the land development process, any delay associated with this appeal would have been avoided. 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. 10. Admitted. 11. 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 those plans amounted to a request for approval of a conditional use governed by the specifications under the R-3 zoning district. In further response, such a request would be inconsistent with the allegations made by the Intervenor on the face of its application and, as echoed by the township's engineer, would not be "in harmony" with the surrounding neighborhood. 12. 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, 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. 13. Admitted. 14. 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 -4- Intervenor was legally entitled to a conditional use permit to develop its property under the specifications of the R-3 zoning district. 15. 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. 16. 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. 17. Admitted. 18. Denied. It is denied that the Intervenor's Development is in harmony with the surrounding neighborhood. It is further denied that Respondents addressed aspects of the Intervenor's Development that are essential to this issue, including issues raised by the Township's engineers. In further response, within its Application, Intervenor specifically claimed in support of its request for a conditional use permit that its proposed development would be in harmony with Appellant's development. It is further denied that the Intervenor's development, that is extremely dense and utilizes a detention pond for the bulk of its recreational area, is either "imaginative" or "superior" to the Appellant's development. Intervenor's allegations regarding the legal affect of the progressive zoning allowed under the Zoning Ordinance constitute conclusions of law to which no response is required. To the extent a response is deemed necessary, it is specifically denied that, by operation of law, allowing progressive zoning districts establishes that all conceivable uses under such progressive zoning are "in harmony" with surrounding land uses. To the contrary, the Zoning Ordinance specifically requires a landowner seeking to take advantage of the progress zoning amendment to go through -5- the conditional use process, which requires that the proposed used be in harmony with the surrounding land. 19. 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. 20. Admitted in part and denied in part. It is admitted that Intervenor filed its first Petition for Order Requiring Appellant to Post Bond in the matter docketed at 06-6887 (the "First Petition"). Appellant specifically denies that bases of and allegations made within the First Petition and incorporates, by reference, its response to that First Petition. Appellant further denies that any portion of any of the three related appeals is frivolous. 21. Admitted in part and denied in part. It is admitted that Intervenor sought approval of its land development plan, and sought a waiver of the normal requirement for a preliminary plan. If is further admitted that the Planning Commission addressed the Intervenor's plan, which was substantially changed from the plan attached to Intervenor's Conditional Use Application, at a November 20' 2006 meeting. It is further admitted that a representative of Appellant spoke at that meeting to voice Appellant's concerns regarding the impropriety of Intervenor's plan and the substantial problems that plan presented to the surrounding neighborhood. It is further admitted that the planning commission voted 4-1 to "move the plan on to the Shippensburg Township Supervisors, contingent upon all Martin & Martin and Cumberland County's comments being addressed." It is specifically denied that this was an appropriate action on the part of the Planning Commission given the substantial issues outstanding in the Intervenor's plan. -6- 22. The allegations in paragraph 22 are admitted, except the Intervenor's characterization of the Supervisors' approval as "typical." To the contrary, the Supervisors' action in approving the Intervenor's plan, which was substantially changed from the plan presenting in support of the Intervenor's Conditional Use Application, without a resolution of substantial issues identified by the Township's engineers and by Appellant, and without requiring compliance with the provisions of the R-2 zoning district was improper, legally erroneous and an abuse of discretion. 23. It is admitted that Appellant appealed from the Township's approval of the Intervenor's plan based on that approval being legally erroneous and an abuse of discretion. 24. Admitted. 25. The contents of the Appeal from the December 2, 2003 approval of Intervenor's Plan constitute a writing which speaks for itself. In response to Intervenor's characterization of and attack on the substance of the identified portions of this Appeal, Appellant incorporates its response to the preceding paragraphs of the Second Petition and the contents of its Notice of Land Use Appeal at Docket No. 60-7323 (hereinafter the "Second Appeal"). 26. Admitted in part and denied in part. It is admitted that Appellant properly identified, within the Second Appeal, that the Intervenor's land development plan did not comply with "requirements imposed by the planning commission or the [Township's] engineer." It is denied that any changes made by Intervenor addressed these requirements. It is further denied that the land development approval process to which Intervenor's plan was subjected was wholly consistent with Pennsylvania Law. To the contrary, the conditional use application was improperly granted, substantial concerns of the Township's engineers were never addressed, and -7- the concerns of both taxpayers and the Township's engineers were ignored and circumvented by the improperly expedited review of the Intervenor's Plan, and the granting of limited permits prior to approval of the Intervenor's final plan. The Intervenor's allegations regarding the authority of the Planning Commission constitute conclusions of law to which no response is required. 27. Admitted in part and denied in part. It is admitted that Appellant has claimed that the Respondent's approval procedure frustrated the public's ability to provide relevant and informed comments and voice legitimate concerns regarding the Intervenor's plan. While Appellant, other citizens and the Township's engineers were able to voice concerns regarding the Intervenor's plan at some, but not all, meetings, those comments were not considered by Respondents and were never addressed. Instead, Respondents simply acquiesced in Intervenor's attempt to improperly expedite the plan approval process and to continuously change its plan without providing sufficient time for review and without addressing substantial concerns of the Township's engineers and Appellant. In further response, the Township's efforts to cure its clear violation of the Sunshine Act that occurred when the Township refused to hear any public comment prior to approving the Intervenor's Plan, and waiving the requirement for a preliminary plan, does not alter that fact that this action prevented public comment from occurring prior to one of, if not the, most important public action involved in the plan approval process. 28. Admitted in part and denied in part. It is admitted that, at a February 3, 2007 meeting, the Township included on its agenda an "Update and Reaffirmation" of the Intervenor's Plan. It is further admitted that Appellant did provide comment at this meeting but that the Supervisors, consistent with their previous approach to this Development, refused to -8- address or consider the substantial concerns voiced by Appellant and others in attendance. It is denied that at this meeting the Intervenor "again presented its land development" plans. Rather, Intervenor presented a further revised plan, with revisions having been made from the "final" plan that was approved on December 2, 2006. Further, based on statements from Intervenor's engineer made at the February 3, 2007 meeting, the newly revised plan included elevation changes and a reconfiguration of the emergency access to the Intervenor's Development. These changes were made after a site development permit was issued and after substantial construction activities had been undertaken. Thus, as expressed by the Township's engineers, the progress that was allowed to occur prior to proper review of the actual Final plan prevented certain issues, including stormwater management, from being properly addressed. 29. Admitted 30. Admitted 31. Appellant incorporates its preceding responses in response to the Allegations of paragraph 31. 32. Denied. It is denied that the Intervenor did not materially change its land development plan between December of 2007 and February of 2007. To the contrary, the Intervenor's own engineer stated that the Development's emergency access and the elevation of the detention pond were changed between December of 2006 and February of 2007. Emergency access and stormwater management were both issues that were raised through the entire land development process and were not finally described in the plan until after its "final" approval on December 2, 2006. 33. Denied. Intervenor does not stand to incur any damage as a result of this appeal. Rather, Intervenor has continued its construction activities without regard to the -9- pendency of this Appeal. Therefore, Intervenor's allegations of a "1 year delay" are false. In further response, because the Land Use Appeal is not frivolous, the Intervenor's costs associated with it are irrelevant. In further response, Intervenor was in unique control of when it filed for its conditional use permit and requested continuances before the Respondents and, therefore, caused any timing constraints it now faces. Appellant, on the other hand, has been unable to impress upon the Respondent's the need to address substantial concerns regarding this Development and is left with no alternative but to file this instant Appeals. 34. Denied. Intervenor has not delayed its construction or advertising of its proposed development as a result of this Appeal and, therefore, will suffer no damages as a result of its filing. 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. -la WHEREFORE, Appellant, Shippensburg Townhouses II, LLC, respectfully requests that this Court deny Intervenors, the Shippensburg University Foundation's, Second Petition for Order Requiring Appellants to Post Bond as a Condition to Proceeding with the Appeal. Respectfully submitted, SENNETT7 p C GH~IN~OA~LL & By /l/'U~ ~;~ PA No. 39076 Neal R. Devlin, Esquire PA No. 89223 120 West Tenth Street Erie, PA 16501-1461 (814) 459-2800 Attorneys for Appellant # ~zi9as 4p iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Appellant Civil Division NO. CI-06-6887 v. SHII'PENSBURG 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 12th day of April, 2007, to the following: James N. Robinson, Esquire 28 South Pitt Street Carlisle, PA 17013 Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Lawrence B. Abrams, Esquire Kenneth L. Joel, Esquire One South Market Square 12`" Floor P.O. Box 1147 Harrisburg, PA 17108-1146 Neal R. Dev 4~ esquire (°l ~`~ i7 r=~ c_~ --i__~ ~'' `T ~ ~~~ ~, - w - ~_i w ` 3 "?'7 -_~R5-~ ' C..r --~ SHIPPENSBURG TOWNHOUSES II, LLC,: IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Respondents NO. 06-7323 CIVIL TERM /I N0. 06-6887 CIVIL term THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor 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 $90,000.00. Counsel have ten days from today's date within which to file a memorandum of law on this issue. Neal R. Devlin, Esquire For the Appellant James M. Robinson, Esquire For the Respondents Kenneth L. Joel, Esquire Lawrence B. Abrams, Esquire Rhoads & Sinon, LLP For the Intervenor srs Edward E. Guido, J. ~` 4 J 0. Q ~"^~ 0 SHIPPENSBURG TOWNHOUSES IN THE COURT OF COMMON PLEAS OF II, LLC, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. SHIPPENSBURG TOWNSHIP AND THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Defendant THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervener N0.2006 - 6887 CIVIL -EQUITY NO.2006 - 7323 CIVIL -EQUITY ORDER OF COURT AND NOW, this 27TH day of APRIL, 2007, after hearing on the matter, and having reviewed the briefs filed by the parties, and being satisfied that there was no evidence to show that the prosecution of these appeals will cause delay damages to petitioner/intervener, the request to have Appellant post bond i By the Edward E. Guido, J. Neal R. Devlin, Esquire Brian Glowacki, Esquire 120 West Tenth Street Erie, Pa. 16501-1461 James B. Robinson, Esquire Turo Law Office 28 South Pitt Street Carlisle, Pa. 17013 Kenneth L. Joel, Esquire Lawrence B. Abrams, Esquire One South Market Square P.O. Box 1146 Harrisburg, Pa. 17108-1146 .~-~ ~~ ~ 3 ~ ~ 6 ~ ''y'"`, ~,,;. ti 0~ .j ~~';~ 0~ ~~~ 100Z :;Hi 30 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Mast be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) SHIPPENSBURG TOWNHOUSES, II, LLC, Appellant VS. THE SHIPPENSBURG TOWNSHIP AND THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS vs. Respondents THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor No. 7323 2006 Term 1. State matter to be argued (i.e., plainti$'s motion for new trial, defardaat's demurrer to complaint, etc.): Issues that remain, if any, following Judae Edward Guido's decision regarding Appellant's Land Use Ap~teal Pleaaa nntP that 7„rigr~ r,,; a„ ,-P,.Pr,tt y presided 2. Identify counsel who will argue cases: over a Petition for Borid associated with this Land (a) for plaintiff Use Appeal Neal R. Devlin. Esquire. Knox. McLaughlin, Gornall & Sonnett 120 West Tenth Street- Erie Pn 1F,5n1-1461 _ (b} for defendant: Lawrence B. Abrams , Esquire AND Kenneth L. Joel. Esouire, Rhoads & Sinon LLP _ (Name and Address) One South Market Square, PO Box 1146 Harrisburg, PA 17108 3. I will notify all parties in writing within two days that this case has bear listed for argument. 4. Argument Court Date: .t„ t ~, t t ~ n m Date: ' ~~~~ v~~'~ n ~ ~ ~,.,. ~, ~ ~ ~ ~ ~ ~~ r - -- -`~, , - ,__. ; t=, .~:-. = ~ µ ~: ~} ~- . `. , f z t c~ _~~ ~,v , ~ ~' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SHIPPENSBURG TOWNHOUSES II, LLC, Appellant Civil Division NO. CI-06-7323 v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Respondent Land Use Appeal THE SHIl'PENSBURG 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 McLAUGHLIN ALL & SENNE T~~P.¢~ r i /~' BY: ~ ~ eal R. evlin, Esquire 120 West Tenth Street Erie, Pennsylvania 16501 (814) 459-2800 # 728904 Attorneys for Appellant Shippensburg Townhouses II, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA 5HIPPENSBURG TOWNHOUSES II, LLC, Appellant Civil Division NO. CI-06-7323 v. SHIPPENSBURG TOWNSHIP and THE SHIPPENSBURG TOWNSHIP BOARD OF SUPERVISORS, Respondent THE SHIPPENSBURG UNIVERSITY FOUNDATION, Intervenor Land Use Appeal 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 p~fti~s in accordance with the applicable rules of court. ~ ~~ /~ ~ :- Neal R.'Devlin # 728904 ` d © ~~ Q "~'~ <9 ~' ~-" r1 7 ~ r ..,,/ ~~ ~ .,1.. y r ~_ t,_~.., x~ ~~ r..r-! ..o ~ ~ 73 ~.7 y. ~~ W ~ C'i'1 ~ ~