HomeMy WebLinkAbout02-3791SHIPPENSBURG TOWNHOUSES, LLC
and WESTMINSTER DEVELOPMENT,
LLC
VS.
BOARD OF SUPERVISORS OF
SHIPPENSBURG TOWNSHIP,
) IN THE COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY
)
)
Appellants )
)
)
)
)
)
)
Appellee ) No. ~)o~']q/ ~
.NOTICE OF LAND USE APPEAl,
AND NOW, come the Appellants, Shippensburg Town_houses, LLC and
Westminster Development, LLC, by and through their attorneys, Knox McLaughlin Gomall &
Sennett, P.C., and file this Notice of Land Use Appeal stating in support thereof as follows:
1. Appellant, Shippensburg Townhouses, LLC, is a Pennsylvania Limited Liability
Company that owns real property in Shippensburg Township identified as 6 Bard Drive,
Shippensburg, PA 17257 (90 Unit Apartment House); Index No. 36-32-2269-023A.
2. Appellant, Westminster Development, LLC, is a Pennsylvania Limited Liability
Company that owns real property in Shippensburg Township identified as 605-607 East King
Street, Shippensburg, PA 17257; Index No: 36~33-1869,28 (Appellants herein shall be
collectively referred to as "Westminster").
3. The Appellee, Shippensburg Township, is a township of the second class with an address
of P.O. Box 219, Shippensburg, Pennsylvania, 17257 (hereinafter referred to as the "Township").
4. The real property in question is an approximately 4.7 acre lot located partially in
Shippensburg Township and partially in Shippensburg Borough (approximately 3.4 acres are
located in the Township and approximately 1.2 acres are located in the Borough) and is
identified as tax parcel number 33-1869/Parcel 40 and located at or near the intersection of
Kenneth and Brookside Avenues (the real property at issue shall hereinafter be referred to as the
"Property"). It is believed and therefore averred that the property is owned by Lawrence and
Alice Royer with an address at 100 East Orange Street.
5. On October 16, 2001, CSR Enterprises (hereinafter referred to as the "Developer") filed
an Application for Subdivision and Land Development Plan Review proposing to develop the
Property with apartment houses.
6. On April 15, 2002, the Shippensburg Township Planning Commission reviewed the
"CSR Revised Land Development Plan". The Planning Commission conditionally approved the
CSR Revised Land Development Plan subject to the following:
(a) overcoming "recreation need" as stated in the Shippensburg Township Zoning
Ordinance Section 914(11);
(b) satisfaction of the concerns raised in an April 10, 2002 letter from the Shippensburg
Township engineering firm, Martin and Martin, Inc. (Martin and Martin, Inc. letter is
attached to this Notice of Land Use Appeal as "Exhibit A''); and
(c) satisfaction of the Cumberland County Planning Commission comments.
7. On May 4, 2002, the Shippensburg Township Supervisors reviewed a "Revised Land
Development Plan for CSR". The Township Supervisors conditionally approved the plan as a
"Final Plan" contingent upon the following:
(a) satisfaction of the comments contained in April 10, 2002 fi.om the Shippensburg
Township engineering finn, Martin and Martin, Inc.; and
(b) approval by the Shippensburg Borough Board of Supervisors.
8. On May 30, 2002, Westminster filed a Notice of Land Use Appeal at docket number
2002 - 02667, alleging various errors of law and fact in regard to the Township Supervisor's
approval of the CSR Revised Land Development Plan.
9. Subsequent to the filing of the above referenced appeal, the Developer made several
minor modification to its Revised Land Development Plan and sought approval of the revisions
fi.om the Township Supervisors (the Revised Land Development Plan with the revisions
referenced herein shall be referred to as "Second Revised Land Development Plan").
10. At its regular meeting held on July 6, 2002, the Township Supervisors approved the
Second Revised Land Development Plan.
11. Westminster seeks a review of the Township Supervisor's approval of the Second
Re~,ised Land Development Plan.
12. The action of the Township Supervisors in approving the Second Revised Land
Development Plan described above was arbitrary, capricious, contrary to law and constituted an
abuse of discretion in the following particulars:
(a) the Developer failed to comply with Article III of the Township's Subdivision and
Land Development Ordinance in that it failed to submit and obtain approval of a
Sketch Plan and/or Preliminary Plan prior to submitting and obtaining approval of a
Final Plan;
(b) the Developer failed to comply with Section 303 of the Township's Subdivision and
Land Development Ordinance in that it failed to submit the information necessary to
support a development with fifty or more dwelling units proposed;
(c) the Township Supervisor's approval was specifically contingent upon the Martin and
Martin, Inc. letter dated April 10, 2002. The Martin and Martin, Inc. letter contains
eleven separate paragraphs detailing the various deficiencies in the CSR Revised
Land Development Plan. The Township Supervisors therefore implicitly
acknowledged that the CSR Revised Land Development Plan did not comply with the
Township's Subdivision and Land Development Ordinance. The Township
Supervisors committed an area of law in approving the CSR Revised Land
Development Plan as the Plan does not comply with the Township's Subdivision and
Land Development Ordinance. Westminster specifically incorporates the averments
contained in the Martin and Martin, Inc. April 10, 2002 letter herein as specific
factual allegations in support of this Land Use Appeal;
(d) the Developer failed to comply with Section 909 of the Shippensburg Township
Zoning Ordinance concerning off-street parking spaces. The Plan indicates that 183
parking spaces are required for the proposed development. The Zoning Ordinance
4
requires that each parking space must provide a minimum area of not less than 200
square feet. The Developer's Second Revised Land Development Plan reflects only
77 parking spaces that meet this regulatory definition. To the extent that the
Developer proposes to satisfy the Shippensburg Township Zoning Ordinance's
parking requirements with parking spaces located in the Borough of Shippensburg,
such spaces must meet the regulatory definition as set forth in the Shippensburg
Township Zoning Ordinance (i.e. a minimum area of 200 square fee0. As proposed,
the Developer's Second Revised Land Development Plan fails to satisfy the parking
requirements set forth in the Shippensburg Township Zoning Ordinance. Moreover,
although the Developer's Second Revised Land Development Plan identifies there
being 183 parking spaces provided, the actual number of spaces reflected on the Final
Plan is 180 (not to mention the fact that such spaces do not meet the regulatory
definitions set forth in the Shippensburg Township Zoning Ordinance);
(e) the Developer failed to comply with Section 914(11) of the Shippensburg Township
Zoning Ordinance concerning "recreational areas". The Developer's Second Revised
Land Development Plan fails to identify or designate an area sufficient to satisfy the
requirement that 20% of the total area be "reserved and developed for outdoor
recreational purposes designed to serve the residents of the development." Even
assuming for the sake of argument that the three areas depicted on the Developer's
Second Revised Land Development Plan as "open space/recreation area" (i.e. area
Southeast of Building No. 1 - approximately 100 feet x 25 feet; area between
Building Nos. 3 and 4 - 120 feet x 40 feet; and, area Southeast of Building No. 5 next
to parking lot shown as a volleyball court - 50 feet x 65 feet) are the areas intended to
be "reserved and developed for outdoor recreational purposes designed to serve the
residents of the development", such areas mount to only 5.87% of the total tract area
(i.e. 0.25 acres out of 4.67 total acres);
(f) the Developer failed to comply with Section 402(3) of Shippensburg Township
Zoning Ordinance concerning "Occupied Areas". Although the Developer's Second
Revised Land Development Plan identifies the total building area as comprising 32,
400 square feet, the actual dimensions reflected on the Second Revised Land
Development Plan reveal a total of 33, 040 feet (i.e. five apadment buildings
measuring 118 feet x 56 feet plus one office building approximately 48 feet x 36
feet). 10% of the total area has been offered to Shippensburg Township by the
Developer thereby reducing the total acreage available for development to 4.2 acres.
The total impervious surface area is in excess of 60% of the total tract area and
therefore violative of Section 402(3) of the Shippensburg Township Zoning
Ordinance. Attached to this Notice of Land Use Appeal as "Exhibit B" and
incorporated herein by reference are two illustrations detailing the deficiencies
described in subparagraphs (e) and (0 herein.
13. Westminster hereby specifically preserves the right to supplement this Notice of Land
Use Appeal upon having the opportunity to review the entire certified record in this matter when
such record made available to this Court by Appellee.
WHEREFORE, the Appellants, Shippensburg Townhouses, LLC and Westminster
Development, LLC hereby request this Honorable Court to enter an Order reversing the Board of
Supervisors of Shippensburg Township's approval of Second Revised Land Development Plan
and directing that the Second Revised Land Development Plan at issue be denied.
Date: August 2, 2002
# 446082
Respectfully submitted,
KNOX McLAUGHLIN GORNALL &
SENNETT, P.C.
Brian (~owacki, Esquire
120 West 10t~ Street
Erie, PA 16501
(814) 459-2800
Attomeys for Appellants,
Shippensburg Townhouses, LLC and
Westminster Development, LLC
7
SHIPPENSBURG TOWN-HOUSES, LLC and )
WESTMINSTER DEVELOPMENT, LLC )
)
Appellants )
)
VS. )
)
BOARD OF SUPERVISORS OF )
SHIPPENSBURG TOWNSHIP, )
)
Appellee )
)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
No.
CERTIFICATE OF SERVICE
I hereby certify that I am this 2~ day of August, 2002 serving a tree and correct copy of the
foregoing Notice of Land Use Appeal by U.S. mail on the following:
Shippensburg Township
Board of Supervisors
c/o Ronald Turo, Esquire,
Counsel to Board of Supervisors
28 S. Pitt Street
Carlisle, PA 17013
Lisa Marie Coyne, Esquire
Counsel to CSR Enterprises
3901 Market Street
Camp Hill, PA 17011-4227
Linda Asper, Township Secretary
Shippensburg Township
P.O. Box 219
Shippensburg, PA 17257
Date: August 2, 2002
Respectfully submitted,
KNOX McLAUGHLIN GORNALL &
SENNETr, p . /]
_Timot~ ~'M. Ziez~ul~, Esquire
Brian II Iowacki
120 West l0b Street
Erie, PA 16501
(814) 459-2800
# 446082
Attorneys for Appellants,
Shippensburg Townhouses, LLC and
Westminster Development, LLC
ma_._ rtin and martin, incorporaterl
37 south main street · suite A · chambersburg, pennsylvania · 17201.2.251
(717) 264-6759
(717) 264-7339 (fax)
April 10, 2002
Shippensburg Township Supervisors
P. O. Box 219
Shjppensburg, PA 17257
Gentlemen:
Re: Final I.and Devel~pment Plan
CSR Enterprises
Our file: 492.9? (.T36-49297)
Our omce has reviewed the above referenced plan in accord:race with the Township Ordinancea
and in light of'our earlier commenL~ dated November 13. 200 I. We would note tile following
remaining comment.~ for your consideration.
Pennsylvania DF.P planning module approval is required. (308.J)
County Conservation District approval is required. (308.1. I )
The Developer is r~uired to guarantee tile completion of all public improvements prior to
release of an approved Final Plan. (307.13) A c~.~t c.~Hmalc ha.< h~:n provided £~r review.
We believe two addil.looal items sh~dd he included within this estimate; the proposed
sidewalk within the Brookside Avenue righl.-~r-way and thc proposed "No Exit" sign along
Kenneth Avenue. Upon submission of'a revised cost estimate, our olTicc will issue a
determinati~n (~l'edequate securh.y.
The ultimate resolution or;hc Parker property's encroaching mobile home should bc
determined.
$. The owner's certification must be signed and nmarivcd. (308.E)
6. Tile .~ur~cy~r'.~ certification of accuracy and the ~t~rm drsinage plan certifi~;ation .~h~uld be
signed and dated.
A portion of the property lies within the [iorough of Shlppen.~hurg and the plan is, thcret'ore,
sub. jeer to approval by the [~orough Council.
With regard to stormwater managemenL a ~ahle outlining the overall pre- and post-
development discharlaqa rates should be included within the narrative. (5116)
Shippensburg Township Supervisors
April 10, 2002
Page 2
9. The proposed recreation areas illustrated cm the Preliminary Plan have been eliminated t'mm
the Final Plan. The applicant must dem~nstrate how the plan will meet the recreation
tequimmenls of Section 914. I I of the 7.oning Ordinance.
10. Thc Jntbrmatinn required in .%clionK 91.~.2 and 913.3 ~r ~he 7~mJng ¢~rdinance should be
addre.~d. This infi~rmal.ion includes archit¢¢l~sral views and flower plan.~ c~l' thc pr~posed
structures and details on ownership and maintenance ~1' Lbe premises.
I I. Screening hits been provided aK required in the C~udiLi¢~nad I.Jse approval, how~:vcr the
dc~uble mw of tree.~ iK narrowed to a single mw along a portion or th~.- F:lhai.j proper~y, it'at
all possible, this should be inerea.~cd Io a double row of trees as well. '
Should y()ts have any questions concerning this correspondence, plea.~e don'! hesitate to contact
this office at your convenience.
Very truly your~,
M.atRTIN AND MARTIN, INCOICPORATED
TCC
cc; Planniag Commission
Carl Rett& Associates
'l'imothy C. Cormany, AICP
Illustration I.
csR -
'oral lan.__._~d
Land offerS, to.$hi ensbu TO~shi
~ As shown .on CSR Plan ..
To~al land for deve/o ment
Area between Buildin 3 & 4
Area SE of Buildi 5 next to arlfin lot --
shown as sand vo/la Il court
T~ted as recreational area '-'-----'----
sma re uired b l~e Townshi Ordinance
100' x 25'
125' x 40'
50'x65'
203 38;
20 261
260C
500~
10751
36 624
4.87
0.4651
4.20
O25
5.87%
lllush-ation 2.
area
8' X 56' =
area
402.3
0.465' 10%
4.20
19%
7%
1.51 36%
2.62 62,3%
60.0%
CSR Plan
Plan
CSR Plan
Illustration 1.
CSR PI n
ot~l land
Land offered to Shi en,bu Tovalshj
~ As shown on CSR Plan
Total land for development ~
De. si nat Recre on lamas Area SE of buildi 1
Area between Building 3 & 4
Area SE of Buildi 5 next to rkin lot
showll as sand veils ball court
125' x 40'
~as recreational area '--------'----'----
'~,"vlf4VIl~,l ~II'U~I r~ UIFEC] I10~ St)OWl1 011 C~R Plan
203 382
20 261
183.121
5OO(
1075(
36 624
4.67
0.4651
0.25
5.87%
Illustration 2.
land for
4.67
0.4661
4,20
10%
s shown on CSR Plan
area
118' x 56' = 33,040
x 36' = 1725
0.80
19%
dimensions am
8re8
urface
surface maximum
'dinance Section 402.3
114,021
1.51
2.62
2.52
7% =n CSR Plan
36% on CSR Plan
62.3%
60.0%
2.3%
was included to meet minimum s~ze: this would further increase He excess of im_..pervious
SHIPPENSBURG TOWNHOUSES, LLC
and WESTMINSTER DEVELOPMENT,
LLC
VS.
BOARD OF SUPERVISORS OF
SHIPPENSBURG TOWNSHIP
P O BOX 219
SHIPPENSBURG PA 17257
: IN THE COURT OF COMMON PLEAS OF
:
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-3792 CIVIL TERM
:
: NO. CIVIL 19
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
:
COUNTY OF CUMBERLAND)
SS.
TO: BOARD OF SUPERVISORS OF SHIPPENSBURG TOWNSHIP:
We, being willing for certain reasons, to have certified a certain action
between SHIPPENSBURG TOWNHOUSES, LLC and WESTMINSTER DEVELOPMENT,
LLC v. BOARD OF SUPERVISORS OF SHIPPENBSBURG TOWNSHIP
pending before you, do c~.u~and 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 C~m~n Pleas at Carlisle, within (20) days of the date hereof,
together with this writ; so that we m~y further cause to be done that which ought
robe done according to the laws and Constitution of this Co,~onwealth.
Postmark
Here
Postage
Certified Fee
R~urn Receipt Fee
tEndorssment Required}
Restricted Delivery Fee
F domement Required)
Total Postage & Fees
~ORGE E. HOFFER, P.J.
the 5th day of AUGUST ,2~2
<~~rothonotary
SHIPPENSBURG TOWNHOUSES, LLC
and WESTMINSTER DEVELOPMENT,
LLC,
Appellants
BOARD OF SUPERVISORS OF
SHIPPENSBURG TOWNSHIP,
Appellee
and
CAROL VESCHI, SEAN TIGHE,
ROBERT VESCHI, t/d/b/a CSR Enterprises,:
Intervenor
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02- 3791 Civil Term
: Land Use Appeal
NOTICE OF INTERVENTION
Please take notice that Carol Veschi, Scan Tighe, and Robert Veschi, t/d/b/a CSR
Enterprises, the owner of the premises located generally between Kenneth and Brookside
Avenues, Shippensburg Township and Shippensburg Borough, Cumberland County,
Pennsylvania, the property directly involved in the decision of the Board of Supervisors of
Shippensburg Township, Cumberland County, Pennsylvania, from which this appeal has
been lodged, intervenes in the Appeal in support of the decision of the Board of
Supervisors.
Dated:
Respectfully submitted:
COYNE & COYNE, PC.
/t ]Lisa Marie C~yne, Esquire
[~,/3901 Market Bt.
- Camp Hill, PA 17011-4227
(717) 737-0464
Pa. Supreme Ct. No. 53788
Attorneys for Intervenor
CSR Enterprises
CERTIFICATE OF SERVICE
I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the
foregoing NOTICE OF INTERVENTION was served this date upon the below-referenced
individuals at the below listed address by way of first class mail, postage pre-paid:
Ron Turo, Esquire
Solicitor, Shippensburg Township
28 South Pitt St.
Carlisle, PA 17013
Timothy M. Zieziula, Esquire
Knox, McLaughlin, Gomall & Sennett, P.C.
120 West l0th Street
Erie, PA 16501
Dated:
sa arll Co~,e,~s ire
~et Street s~ir-
Camp Hill, PA 170114227
(717) 737-0464
SHIPPENSBURG ToWNHOUSES, LLC ' IN THE CouRT OF cOMMON PLEAS
: CUMBERLAND coUNTY,
and pENNSYLVANiA
WESTMINSTER DEVELOPMENT, LLC
Appellants
BOARD OF SUPERVISORS OF
SH~PpENSBURG TOWNSHIP,
Appellee
NO 02-3791
CIVIL TERM
NOTICE OF FILING OF CERTIFIED RECORD
To the Judges of the Said Court:
Attached to this Notice is the Certified Record as required in the above-captioned
matter provided by the Board of Supervisors of Shippensburg Township.
Date
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
(,717) 245-9688
CC:
Lisa M. Coyne, Esquire
Timothy M. Zieziula, Esquire
The July 6, 2002 regularly scheduled meeting of the Shippensburg Township Supervisors was
called to order at 8:00AM by Chairman, Galen Asper. All Supervisors were present.
Oldt/Bard motion to approve June minutes as presented. Unanimous vote. Motion carried.
The Conditional Use Hearing for Shippensburg University Foundation was called to order at this
time. Jim Robinson, Turo Law, explains the procedure regarding this hearing. The Shippensburg
University Foundation would like to put a parking lot expansion for commuters with entrance off
Britton Road.
Chip Abrams, representative for Foundation, explains this will be a 288 car commuter lot. Traffic
Study was done as requested by Shippensburg Township Planning Commission.
John Bard questions when this study was done. Carl Bert says last week classes were is session
and this was done by an individual doing counting. John says he travels that road several times a
day and never seen anyone. He also talked to several residents along Britton Road and they never
seen anyone. Carl says the counter was sitting at the gas station and car wash. Carl says a counter
was also at the University where to current commuter lot is.
John says were the entrance to lot offBritton Road is proposed there is cat-o-nine tails. Carl
disagrees with this.
Carl says the Foundation is still waiting on Conservation approval. The Bog turtle is still an
issue. US Fish and Wildlife looked at this site when the stream was rerouted and says at that time
there was not any bog turtles. Carl feeels confident that no turtles will be located.
Steve Oldt questions if there will be lighting on access road to lot. Carl says yes, as soon as you
mm on to access road and there will also be security cameras.
Galen Asper questions if this lot is approved can the Township stipulate this is the only lot
permittted. Jim Robinson says the Township can limit this lot to 288 cars, but future land
development plans may be submitted for other lots.
Mike Cassidy, a developer in the township, is concerned about there is only one ingress and
egress into this lot. He feels this is poor planning as far as emergency vehicles. Carl explains
there is flat terrane connecting the University that emergency vehicles can cross over.
Galen Asper says his understanding is the Core of Engineers and Cumberland County
Conservation Agency is to meet at the site to see what for effect this will have on the new stream
routing that has recently taken place.
Jura Robinson instructs Supervisors on their options regarding this Conditional Use Hearing.
Nancy Hodge questions exactly where entrance is to the lot. This is explaned to her.
No other public comment.
Heating is closed.
Bard/Asper motion to continue Conditional Use Hearing till the August meeting pending
Cumberland County Consevation comments and other concerns. Unanimous vote. Motion
carded.
The Conditional Use Heating for the Shippensburg Market Place proposed for 397 Baltimore
Road is now called to order. Jim Robinson again explains the procedure of this hearing.
Public comment - none
Roland Guyot of ACL Realty Corp. And Chris Hoover of Hoover Engineering were present
representing this project.
Page 2 July 6, 2002 Supervisor Meeting
Steve Oldt questions sidewalks. Chris says they are all around the property. There is a proposed
Giant and a fueling center will other small parcel shops. Application has been submitted for an
highway occupancy permit.
Steve question width of road and who does improvements. Chris says developer is responsible for
improvements and the right of way is 50 feet fxom center of road. Baltimore road will have a
turning land into shopping Center. Construction hopefully will state the beginning of September if
all goes will.
Steve questions lighting. The lighting is explained.
Hearing is closed.
Oldt/Bard motion to approve Conditional Use Application. Unanimous vote with Galen Asper
abstaining. Motion carried.
The land development plan for the Shippensburg Market Place is now on the table for action.
Steve would like to postpone action till highway occupancy Permit is obtained and easement issue
is resolved.
A wavier of preliminary plan request was submitted and Chris Hoover would like this request
withdrawn.
Mike Cassidy, the developer of this land of the proposed Shippensburg Market Place, request that
action be taken contingent upon Highway Occupancy Permit and easements being recorded.
Steve questions comment # 6C of Martin and Martin comment dated 6-17-02 (copy in minutes
file).Chris explains this. Discussion took place as to type of action Supervisors wish to take.
Chris changes his mind and would like the Preliminary Plan Wavier request acted on.
Oldt/Bard motion to grant preliminary plan wavier request. Unanimous vote with Galen Asper
abstaining. Motion carried.
Oldt/Bard motion to approve Land Development Plan for the Shippensburg Market Place as Final
Plan contingent upon easements being recorded if these easements are needed, Highway
Occupancy pe,mit being obtained, and Martin and Martin comments dated June 17, 2002 being
addressed. Unanimous vote with Galen Asper abstaining. Motion carried.
Charles Wenger Land Development Plan.
Oldt/Asper motion to approve Preliminary Plan Wavier request. Unanimous vote. Motion carried.
Asper/Oldt motion to approve as Final Land Development Plan contingent upon Bonding and
Shippensburg Borough approval. Unanimous vote. Motion carried.
CSR
Lisa Coyle would like the minutes to reflect that the May 4, 2002 minutes of the Supervisors
erroneously stated that the "C in CSR" stand for Henry F. Coyne. Henry Coyne has no
involvement with CSR Enterprises other than legal counsel.
CSR submitted revised plans excluding the dedication of Brookside Ave in the calculations of
density. Also, tabulation for parking is in compliance with parking spaces.
Page 3, July 6, 2002 Supervisors meeting
Discussion took place regarding the owner of the Accia house closing off Martin Ave into his
property. There is some concern about this action since this will push more traffic on Brookside
Ave. Nancy Hodge says there has always been a sign at the end of Brookside Ave stating "NO
OUTLET".
Angelo Tsambiras says what the owner is trying to stop is cars that are not residents of his
property cutting across his property from Martin Ave to Britton Road.
Oldt/Bard motion to waive Preliminary Plan requirement for revised plans for CSR Enterprises.
Unanimous vote. Motion carried.
Oldt/Asper motion to approve CSR Enterprises revised Land Development Plans dated June 26,
2002 as Final Plans. Unanimous vote. Motion carded.
Oldt/Bard motion to waive section 303D of the Township's subdivision and land development
ordinance as it relates to notification to the school district. Unanimous vote. Motion carried.
Oldt/Bard motion to grant request for an 90 day extension for filing a bond or letter of credit for
the Final Plan of CSR Enterprises due to the delay caused by the pending litigation. Unanimous
vote. Motion carried.
Justin Meckley of Vigilant Hose was present. No reports at this time.
Fred Gorsuch Subdivision
Asper/Oldt motion to approve the Fred Gorsuch Subdivision. Unanimous vote. Motion carded.
Asper/Oldt motion to sign Form B, nonbuilding wavier. Unanimous vote. Motion carded.
Oldt/Asper motion to approve General Fund and State Aid disbursements as present. Unanimous
vote. Motion carried.
Meeting Adjourned.
Minutes Respectfully Submitted
Linda Asper
Township Clerk
martin and martin, incorporated
37 south main street · suite A · chambersburg, pennsylvania · 17201-2251
(717) 264-6759
(717) 264-7339 (fax)
email: rnartinmartin @ innemet.net
May 2, 2002
Shippensburg Township Supervisors
P. O. Box 219
Shippensburg, PA 17257
Gentlemen:
Re: Land Development Plan
CSR Enterprises (Revised)
Our file: 492.97 (T36-49297A)
Our office has reviewed the above referenced, revised plan in accordance with the Township Ordinances
and in light of our most recent comments dated April 10, 2002. We would note the following comments for
your consideration.
1. The Township should act on the PADEP sewage planning exemption and forward to DEP for
consideration. (305J)
2. The Township should ensure that the notarized owner's signature appears on the certification statement
on the Final Plan. (305.E)
3. The applicant has provided a revised construction cost estimate in accordance with our request..O.ur
office is in agreement with the costs provided and recommends that, upon resolution of the remammg
plan comments, security be provided in the amount of $1'/0,390.00 to guarantee the completion of the
proposed public improvements. This figure represents 110% of the cost estimate and an additional
2.5% for the cost of Township inspection. Said security must be provided in a form acceptable to the
Township Solicitor. (307.D)
4. Section 914.11 of the Township Zoning Ordinance deals with recreation requirements and states "20%
of the total tract area is to be reserved and developed for outdoor recreational purposes." The quoted
calculation of 40.6% of lawn and landscape area is a completely separate element of this plan. The
plan should clearly identify 20% (nearly one acre of ground) as outdoor recreation area that is clearly
able to be utilized for this purpose, otherwise the applicant is required to seek the appropriate relief
from the Township.
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. Cormany, AICP
TCC
cc: Carl Bert & Associates
Ron Turo, Esq.
MUNICIPAL · URBAN · REGIONAL
MUNICIPAL · CIVIL · SANITARY
· LAND DEVELOPMENT AND ENVIRONMENTAL pLANNERS
· SOLID WASTE AND ENVIRONMENTAL ENGINEERS
martin and martin, incorporated
37 south main street · suite A · chambersburg, pennsylvania · 17201-2251
(717) 264-6759
(717) 264-7339 (fax)
email: martinmartin @ innemet.net
July 3, 2002
Shippensburg Township Supervisors
P. O. Box 219
Shippensburg, PA 17257
Re: Land Development Plan (Revised)
CSR Enterprises
Our file: 492.97 (T39-49297)
Gentlemen:
Our office has reviewed the above referenced, revised plan in accordance with the Township
Ordinances and in light of prior comments issued by this office. As we understand it, this plan
represents a slight revision to the previously approved land development plan. Said revisions
have been made in response to an appeal filed by the developers of the Bard Meadows project.
The revisions include the following.
1. The calculations regarding green area and impervious area have been revised to reflect the
fact that the area within the proposed Brookside Avenue right-of-way has been excluded.
2. The total impervious area has been slightly reduced via the elimination of several segments
of sidewalk, three parking spaces, and a portion of paving near the Kenneth Avenue
entrance. Information provided by the Developer's surveyor indicates that vehicle
maneuvering in and out of the associated parking stalls remains viable.
3. The parking tabulation has been revised accordingly.
4. All sheets have been revised to accurately reflect the relocated position of the Charles Parker
dwelling which previously encroached onto the subject property.
5. One dumpster pad has been eliminated at the Kenneth Avenue entrance.
6. Sheet 9 of 15 now illustrates the proposed screening and the 20% recreational area
previously approved by the Township but not illustrated on the approved plan.
Our review indicates that these changes result in no negative impacts to the previously approved
plan. The changes all appear to be positive and should not alter previously recommended
bonding amounts. Any earlier approval contingencies should remain in effect, however our
office has no further comment on this plan.
· REGIONAL · LAND DEVELOPMENT AND ENVIRONMENTAL PLANNERS
· SANITARY · SOLID WASTE AND ENVIRONMENTAL ENGINEERS
MUNICIPAL · URBAN
MUNICIPAL · CIVIL
Shippensburg Township Supervisors
July 3, 2002
Page 2
Should you have any questions concerning this correspondence, please don't hesitate to contact
this otT~ce at your convenience.
Very truly yours,
MARTIN AND MARTIN, iNCORPORATED
Timothy C. Cormany, AICP
TCC
cc: Ron Turo, Esq.
Carl Bert & Associates
OVERSIZED
DOCUMENT
SHIPPENSBURG TOWNHOUSES, LLC
and WESTMINSTER DEVELOPMENT, LLC,
Appellants
BOARD OF SUPERVISORS OF
SHIPPENSBURG TOWNSHIP,
and
Appellee
CAROL VESCHI, SEAN TIGHE, and ROBERT
VESCHI, t/dgo/a CSR ENTERPRISES,
Intervenor
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-3791 Civil Term
Land Use Appeal
APPELLANTS' RESPONSE TO INTERVENOR'S PETITION
TO COMPEL APPELLANTS TO POST BOND
AND NOW come the Respondents, Appellants, Shippensburg Townhouses, LLC
and Westminster Development, LLC, ("Respondents") by and through their counsel, Knox
McLaughlin Gomall & Sermett, P.C., and aver the following in support of this Response to
Intervenor's, Carol Veschi, Sean Tighe and Robert Veschi, t/d/b/a CSR Enterprises
("Petitioner"), Petition to Compel Appellants to Post Bond:
1. Admitted.
2. Admitted.
3. Admitted. By way of further answer, Respondent Shippensburg
Townhouses, LLC owns and operates Bard Meadows. Respondent Westminster Development,
LLC does not own and operate Bard Meadows; it owns and operates a retail store located at 605-
607 East King Street, Shippensburg, PA 17257, Index No: 36-33-1869-28.
4. Admitted. By way of further answer, Respondent Westminster
Development,LLC, owns a parcel of property one parcel removed from Petitioner's Property.
5. Admitted.
6. Admitted in part and denied in part. It is admitted that Respondents did
not attend the Township Supervisors meeting held on July 6, 2002. It is denied there were any
public hearings held concerning the Petitioner's original or revised Land Development Plan.
Respondent is unsure as to the meaning of"various public meetings" and therefore cannot supply
a response and such allegation is therefore denied. By way of further answer, a representative of
the Township advised a representative of the Respondent that the Petitioner's original Land
Development Plan would not be approved due to an inability to comply with the recreational
area requirement.
7. Admitted.
8. The averments of this paragraph state a legal conclusion, which requires
no response. To the extent that a response may be deemed required, it is denied Respondents
filed the Land Use Appeal for no legitimate reason as Respondents have alleged legitimate and
legally viable challenges to the Township Supervisors' approval of Petitioner's development
plan, namely that Petitioners have failed to comply with the recreational area requirement set
forth in Shippensburg Township Zoning Ordinance ("Zoning Ordinance') Section 914.11 and
that Petitioners have failed to comply with the parking space requirements set forth in Zoning
Ordinance Sections 404 and 909.
9. The averments of this paragraph state a legal conclusion, which requires
no response. To the extent that a response may be deemed required, it is denied the issues raised
in Respondents' Land Use Appeal are frivolous as the two issues identified in paragraph 8 are
justiciable questions about which Respondents have a reasonable chance of succeeding in this
litigation.
10. The averments of this paragraph state a legal conclusion, which requires
no response. To the extent that a response may be deemed required, it is denied that
Respondents lack standing as both Respondents own property nearly adjacent to or in close
proximity to Petitioner's property. Respondent Westminster Development, LLC owns property
that is just one parcel removed from Petitioner's property, and Respondent Shippensburg
Townhouses, LLC owns property that is approximately one and a half miles from Petitioner's
property. Additionally, both Respondents have a direct interest in this adjudication in the nature
of ensuring that property values in close proximity to Petitioner's development do not decrease
due to the inappropriately high density of the development which fails to conform to the Zoning
Ordinance, and in the nature of ensuring that housing development for university students is of
high quality and conforms to local zoning and land development requirements so that local
universities have no incentive or reason to prohibit students from living off-campus, which
would have a direct negative impact on the value of Respondent Shippensburg Townhouses,
LLC's property.
11.
12.
Admitted.
Respondents have no knowledge of the averments contained in paragraph
12 and therefore deny the same. It is denied that Respondents' Land Use Appeal is frivolous and
brought to harass Petitioner.
13. Denied.
14. The averments of this paragraph state a legal conclusion, which requires
no response. To the extent that a response may be deemed required, it is denied that Petitioner is
entitled to relief as requested pursuant to 53 P.S. § 11003-A(d).
WHEREFORE, Respondents, Appellants, Shippensburg Townhouses, LLC and
Westminster Development, LLC, respectfully request that this Honorable Court deny Petitioner's
request that Respondents post a bond because Respondents' Land Use Appeal raises justiciable
issues that are supported by facts of record and that are reasonable and not frivolous.
Dated: November 6, 2002
Respectfully submitted,
KNOX McLAUGHLIN GORNALL &
BY: ~/
Timoth' /I Z~ez~ula, Esquare
Pa. Su me Ct. No. 73716
Jennifer E. Gomall-Rouch, Esquire
Pa. Supreme Ct. No. 78278
120 West Tenth Street
Erie, PA 16501-1461
(814) 459-2800
# 461354
Attomeys for Appellants,
ShippensburgTownhouses, LLC and
Westminster Development, LLC
SHtPPENSBURG TOWNHOUSES, LLC
and WESTMINSTER DEVELOPMENT, LLC,
Appellants
BOARD OF SUPERVISORS OF
SH~PENSBURG TOWNSHIP,
and
Appellee
CAROL VESCHI, SEAN TIGHE, and ROBERT
VESCHI, t/dgo/a CSR ENTERPRISES,
Intervenor
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-3791 Civil Term
Land Use Appeal
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the ~'~day of November, 2002, a
copy o£the within Response to Petition to Compel was served on upon the below-referenced
individuals at the below listed address by way of first class mail, postage pre-paid:
Ron Turro, Esquire
Solicitor, Shippensburg Township
28 South Pitt Street
Carlisle, PA 17013
Lisa Marie Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 17011-4227 ~,T~~ ~la, s~quir~e
Attorneys for Appellants,
Shippensburg Townhouses, LLC and
Westminster Development, LLC
# 461354
SHIPPENSBURG TOWNHOUSES, LLC
and WESTMINSTER DEVELOPMENT,
Appellants
BOARD OF SUPERVISORS OF
SHIPPENSBURG TOWNSHIP
Appellee
and
CAROL VESCHI, SEAN TIGHE and
ROBERT VESCHI, t/d/b/a/CSR Enterprises,
Intervenor
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-3791 Civil Term
Land Use Appeal
PRAECIPE FOR LISTING CASE FOR A~RGUMENT
TO THEPROTHONOTARY:
Please list the within matter for the next Argument Court.
1. State matter to be argued: Land Use Appeal Concerning Apellee' s approval of a Land
Development Plan and Intervenors' Motion to Dismiss appeal.
Identify counsel who will argue case:
Timothy M. Zieziula, Esquire
Knox, McLaughlin, Gomall
& Sennett, P.C.
120 West 10t~ Street
Erie, PA 16501
Attorney for Appellants
Ron Turo, Esquire
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
Attorney for Appellees
Lisa Marie Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 170114227
Attorney for Intervenor
I will notify all parties in writing within two days that this case has been listed for
argument.
Argument Court Date:
Dated:
December 6, 2002
Respectfully submitted:
COYNE & COYNE, P.C.
By. ~'~ ~~
Lisa Marie Coy~he, Esquire
Pa. Supreme Ct. No. 53788
Attorney for Intervenor
SHIPPENSBURG TOWNHOUSES,
LLC, and WESTMINSTER
DEVELOPMENT, LLC,
Respondents
V
BOARD OF SUPERVISORS OF
SHIPPENSBURG TOWNSHIP,
Petitioner
and
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND CO~gTY, PENNSYLVANIA
: 02-3791 CIVIL TERM
:
CAROL VESCHI, SEAN TIGHE, :
And ROBERT VESCHI, t/d/b/a: LAND USE APPEAL
CSR ENTERPRISES, :
Intervenor :
IN RE: PETITION FOR POSTING OF BOND
ORDER OF COURT
AND NOW, November 6, 2002, after hearing and
consideration of the testimony presented and the arguments of
counsel, we do determine that the appeal of Shippensburg
Townhouses and Westminster Development is frivolous.
After consideration of the testimony presented on the
amount of bond, the Court does grant the petition for posting of
bond. The amount of bond shall be $124,500.00. The bond shall
be posted within ten days of today's date. Should the appeal
continue to be in the legal system one year from today's date a
second bond of $124,500.00 shall be posted. (See 53 P.S.A.
11003-a).
By the Court,
Timothy M. Zieziula, Esquire
For the Respondents
James Robinson, Esquire
For the Petitioner
:mtf
~i Lisa M. Coyne, Esquire
For the Intervenor
SHIPPENSBURG TOWNHOUSES, LLC
and WESTMINSTER DEVELOPMENT, LLC,
Appellants
BOARD OF SUPERVISORS OF
SHIPPENSBURG TOWNSHIP,
and
Appellee
CAROL VESCHI, SEAN TIGHE, and ROBERT
VESCHI, t/d/b/a CSR ENTERPRISES,
Intervenor
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-3791 Civil Term
Land Use Appeal
PRAECIPE FOR A DISCONTINUAaNCE
TO THE PROTHONOTARY:
You are hereby authorized, empowered, and directed to withdraw WITH
PREJUDICE the above-captioned Land Use Appeal.
Date:
November 19, 2002
Respectfully submitted,
KNOX McLAUGHLIN GORNALL
& SENNETT, P.C.
Pa. Supr~ine Ct. No. 73716
120 West Tenth Street
Erie, PA 161501-1461
(814) 459-2800
Counsel for Shippensburg Townhouses, LLC
and Westminster Development, LLC
# 463898
SHIPPENSBURG TOWNHOUSES, LLC
and WESTMINSTER DEVELOPMENT, LLC,
Vo
Appellants
BOARD OF SUPERVISORS OF
SHIPPENSBURG TOWNSHIP,
and
Appellee
CAROL VESCHI, SEAN TIGHE, and ROBERT
VESCHI, t/d/b/a CSR ENTERPRISES,
Intervenor
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IN THE; COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-3791 Civil Term
Land Use Appeal
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the ] ~i ~(
___ day of November, 2002, a
copy of the within Praecipe for a Discontinuance was served on upon the below-referenced
individuals at the below listed address by way of first class mail, postage pre-paid:
Ron Turro, Esquire
Turo Law Offices
Solicitor, Shippensburg Township
28 South Pitt Street
Carlisle, PA 17013
# 463898
Lisa Marie Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Street
CampHill, PA 17011-4,~~i ~/~/~ /~~
Timotl M. Zieziuht'~ Esquire
Attorneys for Appellants,
Shippensburg Townhouses, LLC and
Westminster Development, LLC
14.
Shippensburg Townhouses, LLC and Westminster :
:
Development
:
V :
:
Board of Supervisors of Shippensburg Township :
.
V :
:
Carol Veschi, Sean Tighe and Robert Veschi, :
t/dPo/a CRS Enterprises :
' F
1N THE COURT O COMMON PLEAS OF
CUMBER_LAND COUNTY, PENNSYLVANIA
NO. 02-3791 CIVIL TERM
ORDER OF COURT
AND NOW, December 5, 2002, by agreement of counsel, the above captioned
case is hereby stricken from the December 4, 2002 Argument Court list. Counsel is directed to
relist the case when ready.
By the Court,
,/'Timothy M. Zieziula, Esquire
For the Plaintiff
Ron Turo, Esquire
~Lisa Marie Coyne, Esquire
For the Defendant
Court Administrator
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