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CERTI t'lCATE AND TRANSMITTAl, Ot' RECORD
UNDt:R
PENNSYI.YANIA RULE m' APP~;LI,ATE PROCEDURE 1931 lEl
._----_.-._._._-~---------'-_.._-------------
To the Prothonotary of the Appellate Court to which the
within matter has beon appealed:
COMMONWEALTH COURT OF PENNSYLVANIA
THE UNDERSIGNED, Prothonotary of the Court of Common Pleas
of CUMBERLAND County, the said eDurt being a court of r.ecord,
do hereby certify that annexed hereto is a true and correct copy
of the whole and entire record, including an opinion of the court
as required by PA R.A. P. 1925, the original papers and exhibits,
if any on file. the transcript of the proceedings, if any. and the
docket entries in the following matter:
Case No. 95-4166 Civil Term: No. 3357 C.D. 1995
JOHN H. BROUJOS. LOUISE BROUJOS, HAROLD KRETZING,
JEAN KRETZING, AND ROBERT LEE JACOBS
VS.
CARLISLE BOROUGH COUNCIL
The documents comprisiag the record have been numbered
from No. I to No. 278. and attached hereto as Exhibit A is a
list of the documents correspondingly numbered and identified with
reasonable definiteness, including with respect to each document.
the number of pages comprising the document.
The date on which the record has been transmitted to the
appellate court is January 5, 1996
(Seal of Court)
;(~ (,*ib-
1l... f'l!L Protholl~~.r"y
'7 'LtoANv...U. W~,jQ,~
An additional copy of this certificate is enclosed. Please
sign and date copy, theroby acknowledging receipt of this record.
RECORD RECEIVED:
Date:
(signature' title)
Commonwealth or l)ennK~I\'ania
('<lUnIY 01' ('umb~rl.nd
} '"
I. Prothonotary . Prothonolary
of the Courl of Common Plea. in and for .aid
('ounly. do hereby eerlify that Ihe foreKoinll i. a
full. true and eorrecl copy oflhe whole record oflhe
case therein stated. wherein
and Jean Kretz ing So RohPrt I..,
Plainliff. and
Carlisle BorouQh Council
Defendant __, as Ihe .ame remains of record
before the .aid Courl at ~o, 95-4166 of
Civil Term. A,D, 19__,
have hereunto ,el my hand and affixed the seal of .aid Court
day of Januarv A. 0.. 19-2i.,
L~ t'.)V~
&, :C~~tltLa )v..1.<<~ P,,"honOI.ry
I. Harold E. Sheelv Pre.ident Judge of the Ninth
Judicial Oi.triet. composed of Ihe County of Cumberland. do certify that Lawrence E. Welker,
Prothonotary . by whom the annexed record. certificate and
allestalion were made and given.. and who. in hi. own proper handwriting. lhereunlo .ubscribed hi. name
and affixed the seal of the Court of Comnlon Plea. of .aid County. wa'.at the time ohodoinll. and nowi.
Prolhonolary in and for ,aid County of Cunmr1an<l in
the Commonweahh of Penn.ylvania. duly commissioned and qualified loall ofwho.e ael. aosueh full faith
and eredil are and ought 10 be given a. well in Courl. of ju iealure as el.ewhere. and thaI the .aid rc<:ord.
eertifieale and allestalion are in due form of law an~ e by the pro er Jffi.eer,
Case No. 3357 C.D. 1995
In TESTIMONY WHEREOf'.
this Fifth
Commonweahh of Penn.ylvania
County of Cumberland
} ss:
I. Lawrence E. Welker , Prothonotary of the Court of Common Plea. in
and for the .aid County. do certify Ihalthe Honorable H.,ro1d E. ShPply
by whom Ihe foregoing all.,lallon was made. and who has Ihereunlo .ub.eribed hi. name. was. allhelime
of makinlllhereof. and still" Pre,idenl Judie oflhe ('ourt of Common Plea.. Orphan' Courland Courlof
Quarter Session. of the rea.. In and for .aid County. duly Commissioned and qualified, 10 all who.e ael.
a. .uch full failh and credu arr and oughl 10 be liven. a. well in Courts of judicature a. el.ewhere,
IN TESTIMONY WIIFREO!', I have heTeunlo
.et my hand and affixed lhe ,eal 01' .aid Courl lhis
5th day of January A.D. 19~.
X'au!'1.t';U(- l,__lli~
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Amcmg tho Rocord. and Proceeding, enrolled in the court of Common Pleu in and for the
counlY of ____ cunbe~land
No. 3357 CD 1995
10 No. 95-4166 Civil
in ,he Commonwealth of Ponnsylvania
Term, 19__ i. containod Ihe following:
COPY OF
Aooear-ance
DOCKET ENTRY
JOHN H. BROUJOS. LOUISE BROUJOS. HAROLD KRETZING,
JEAN KRETZING, AND ROBERT I,BE JACOBS
VS.
CARLISI.E BOROUG:i COUNCIL
Aug. 3. 1995. Notice of Land Use Appeal. filed.
Aug. 3, 1995, Writ of Certiorari, issued.
Aug. 4, 1995. Certificate of Service. filed.
IIl.Ig. 4, 1995. Motion for a Stay. HIed.
Aug. 8, 1995. Order of Court. filed.
AND foO'I, this 8th day of August, 1995, a Rule is entered against the
Borough of Carlisle to show cause why the motion for a stay soould not be
granted. Rule returnable at a rearing to be held at 2: 30 p.m., Monday,
August 14, 1995, in Courtroom Number 2. Appellants shall provide notice to
appellee, the owner of tre property, the developer and the attomey for the
developer.
By the Court, Fdgar B. Bayley, J.
Aug. 8. 1995, Certificate of Service, filed.
Aug. 9, 1995. Notice of Intervention, filed. (by Roger M. Morgenthal. Esq.)
Aug. 11. 1995, Stipulation, filed.
Aug. 15, 1995, Order, filed.
AND foO'I, this 15th day of August, 1995, upon ITOtion for a stay of the
action by the Carlisle Borough Council on the application of Norman EI511,
TA Windsor Building Corp., for developnent of the Cemetery Avenue pllln, it
is ordered and decreed that the action by the Carlisle Borough Council is
stayed. Carlisle Borough Council will take no furtter action on final
approval or issuance of a building permi t and the landowner Mary Lou Robbins
and the developer NoI1Tliln EIClll, trading as Windsor Building Corp., shall not
proceed any further to develop, constnlct, or excavate the land until final
dispositIon of the appeal has been made.
By the Court, Fdqar B. Bayley. J.
1995. Notice of Filing of Record (with enclosures), filed.
1995, Transcript of Public Heari.ng before Carlisle Borouqh Coundl,
223
Aug. 18,
Aug. 28,
filed.
Sept. I,
1995, Praecipe for Listing Case for Argument, filed.
By: Roger M. Morgenthal, Esq. for Interve
Oct. 10, 1995. Notice of Filing of SupplL~ntal Record. filed.
Oct. 31, 1995. Opinion and Order of Court, filed.
AND U:kI, th is 31st day of Oc~ober, 1995, the with in appeal, IS DISMISSE
By the Court, F.dgar B. Bayley, J.
1>Vv. 28, 1995. Notice of Appeal, filed.
Not ir.e is hereby given that John H. Broujos, et a!, Appellants above
naned, hereby appeal. to the Cc:mnonwealth Court of pennsylvania fran the
order entered in this Il'atter on the 31st day of October. l.995.
This order has been entered In the docket as eviclenred hy the attached
By: John H. HrouloB, Enq.
rs
PIlGB N>~
242 - 246 Dec. n, 1995, CoomonwcilLth Court (If Pennsylvania Notice of Apneal [bcketing
Number ))57 C.O. 1995, filed.
247 - 276 Dec. 22, 1995, Petition to Require Posting of Appe'll Bond, filed.
By: Roger M. MorqcnthaL, Esq.
277 - 276 Dec. 27, 1995, Order of Court, filed.
AND Na'I, this 27th day of December, 1995, the Petition to Require
Posting of Appeal Bond, IS DENIED. To obtain a bond under 5] P.S.
S 11003-A(dl, the appeal must be frivolous. The issue of whether Borough
Council properly granted the two modification of requirements for the
preliminary subdivision and land developnent plan is not frivolous; there-
fore, there is no need for a hearing and there is no basis for requiring the
posting of a bond.
By the Court, Edgar B. Bayley, J.
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On March 14, 1995, Windsor tiled an application with the
Borough tor approval ot a preliminary plan to .ubdivide
Interv.nor.' 1.26-acre tract and to con.truct tour duplex.. with
.ight .ingl.-tamily, ..mi-detached dW.lling.. Each dupl.x i. to
have a .eparate garaqa and ill intended to b. 80ld tor up to
$140,000. Int.rv.nor.' property tront. on C.m.t.ry Avenue to the
north and abut. a middle .chool to the .outh. Cem.t.ry Av.nu. il
....ntially an all.y and ia un.venly pav.d. Th. .ubject .it.
con.i.t. ot an op.n ar.a with .om. dilapidat.d .tructur.. that w.re
u..d wh.n it was a cOIlllD.rcial tlow.r budn.... Th. prop.rty ie
locat.d in an R-2 m.diUlll-d.ndty r..idential di.trict, in which
dnql.-tamily .emi-d.tach.d dwellinq. are .p.citically permitt.d a.
ot right.
In it. pr.liminary plan, Wind.or requ..t.d a moditication
ot requirem.nt. pur.uant to Section 226-14 (A) ot the Borough'.
Subdivi.ion and t.nd Dev.lopm.nt OrcHnanc.' to allow a l....r
right-ot-way width tor Ce.etery Av.nu.2 and al.o to d.l.t. curbinq
'Thi. ..ction provide. that the Council:
6.::i:l-:'. 'J~..~~t ;: mcditic:)t:.icn :)! 't!!O r"}q.~t::'~!"~ntf!
ot on. (1) or more provi.ion. if the literal
entorc...nt will .xact undue hard.hip b.cau.e
ot p.culiar condition. pertaining to the land
in qu..tion, provided that .uch .oditication
will not be contrary to the public int.re.t
and lbat the purpo.. and intent ot this
chapt.r ar. ob.erv.d.
&rh. right-ot-way width tor C..et.ry Avenu. i. 34 t..t, which
1M 16 teet le.. than the required 50 t.et. In 1971, when t:he
property wa. d..d.d tro. Int.rv.nor Robbin.' pr.d.c...or-in-titl.
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and .idewalk. on the north .ide of Cemetery Avenue.s The
preliminary plan was initially approved by the Borough's planning
Co..i..ion. Following a public hearing, the council approved the
plan with the two reque.ted modification..
Without taking any
additional te.timony, the trial court upheld the council'. approval
of the plan. Protestants, neighboring homeowner., appeal.4
prote.tants first argue that Cemetery Avenue i. an alley
intend..d only to be used for access to the rear side ot propttrti..
otherwise abutting a street f they aver that when they purchased
their home. on Ea.t Ridge Street they assumed that they had the
unimpeded u.e ot the alley to .ervice their propertie.. To support
their position, Protestant. note thllt section 226-23 (C) of the
Subdivi.ion and Land Developlllenr Orlli.nance require. a minimUII '50-
foot right-ot-way, and they ~on~~nd that a waiver of this
to prote.tant Kretzing, a right 'ot 'w;).y ot 34 feet was re.erved,
which wa. the requirement for a local street at that time.
S A. reco..ended by tho Bv~~ugh'. engineer, the deletion of
curbing and sidewalk requirements on the north side of Cemetery
Avenue will allow rainwater to collect in a drain .y.tem without
being 1:'".trir;t:"<l hy " .....!:'b "!'I~ !:id~l!~l~~. ~':' ..1:....:.. l..u.t .l.....~...ll III
ourb and .ide~alk on the .outh .id. ~f Cemetery Avenue where the
duplexes will be built.
41n a land use appeal, where the trial court ~oe. not take any
additional evidence, this Court'. scope of review i. U.ited to
determining whether the local g~verning uody committed an error of
law or an abu.e of disoretion. BIIr v. Lancaster Countv PlanninG
COIIIII'n, 625 A.2eS 164 (pa. CIIIwlth. 1993), aODeal denied, 538 Pa.
677, 649 A.2d 677 (1994). "[T]tlo governing boc:ly abu.es ite
disoretion when its finding. of fact are not .upported by
substantial evieSence." ~. at 167
3
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require..nt .hould have been the .ubject of a variance before the
Borough'. Zoning Hearing Board.
In AlIlIsal of Flori, 635 A.3d '43 (pa. CBIwlth. 1993),
aanaal dani.d ~ ~ piori v. Ban..i.. Town~hiD, 538 Pa. 638, 641
A.3d 513 (1994), thi. Court reaffirmed the well-e.tabli.hed rule
that where a .unicipaUty ha. enacted a .ubdivi.lon and land
develop.ent ordinance, the "municipality" qoverninq body ha.
exclue1ve juri.dicticm to hear and render final adj'ldication. in
application. for approval ot .ubdivi.ion. or land development.."
14. at '45. In the pre.ent ca.e, Section 336-3 ot the Subc1ivi.ion
and Land Development Ordinance de.ignate. the Borouqh'. Council,
not the zoninq Hearinq Board, a. the authority to review, .ake
reco..endation. and approve or d1aapprove all preliminary and final
.ubc1ivi.ion plat application.. In view ot Alllleal at Fiori, the
trial COUl't correctly concluded that becau... the plan .et all
zoninq require.ent., the .tandard. tor granting variance. to lon1n9
regulation. do not apply to grantinq modification. ot require.ent.
under the Subc1ivi.ion and Land Develop.ent Ordinance.
A. noted by the tr:l,al court, a 34-toot right-ot-way wa.
re.erved by the predece..or-in-title to the legal owner at the
.ubject property when it wa. .ubdivided in 1971. Under the
.ubc1ivi.ion and land develop.ent ordinance in ettect at that ti.e,
34 feet wa. the exl.ting requir..ent for a local .treet. Henoe,
there i. evidence ot record to indicate that Ce.etery Avenue "'..
intended to be a local .treet. In any event, reqardle.. of the
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width of the right-of-way, the plan require. Wind.or to pave the
cartwaY' of Ce.etery Av.nue to a width of 22 feet, which aeet. the
current .in:l.aUII pave.ent width require.ent. of Section 226-23(C) (1)
of the Subdivieion and Land Developmlllnt Ordinance for a local
.treet. Accordingly, thi. Court conclude. that the Council did not
err or Abu.. it. di.cr.tion in modifying the right-of-way width
require.ent..
prote.tant. contend that the Council erred in approvinq
the plan becau.e the propo.ed development do.. not provide for
orderly expan.ion or fol:' compatibility with exi.ting hou.e. a.
required by Section 255-21 of the 80rough'. Zoning Ordinance, e
general provieion de.cribinq the intent of the R-2 Dietrict.
Specifically, prote.tent. arque that the four duplex hou.e. on
Ce.etery Avenue are not compatible with exi.ting hou.ing, which i.
predominantly .inql.-family, and that in approving the duplexe. the
Council failed to con.ider the exiDting .ingle-fa.ily character of
the area a. required by Section 255-2(8) of the Zoninq Ordinance.
A. noted by the trial cuurt, Section 255-22(8) of the
Zoning ordinance .pecifically provide. that .ingle-family, .emi-
detached dwellingll are a u.e penit'Ced by right in any R-2
Dietrict.
"It ie well .ettled that .pecific providon. in on
ordinance control over qen.ral provi.ion.." ADDilal of parr.ll, .11
'Section 226-' of the Subdivi.ion and Land Develop.ent
ordinance define. "CARTWAY or ROADWAY" a.: "That portion of .
.treet wbicb i. i.proved, de.ignated or intended for vehicular u.e,
including paved area. for any on-.~~eet parking."
5
.
.
A.2d 986, 989 (pa. cmwlth. 1984).
Therefore, the .peoific
provi.ion in Section 2!5!5-22 (8) IDU.t take precedence over any
general "intent" requirement. .et forth in the Zoning Ordinance.
Further, becau.e .ingle-family, .emi-detached dwelling. are
peZ'lllittea on the .ubject property a. of right, they lDay not be
conddered incompatible with the general intent of the Zoning
Ordinance. In any event, becau.e of change. in the neighborhood,
the area i. no longer cOlDpri.ed exclu.ively of .ingle-family
dwelling..
In addition, Section 603.1 of the Penn.ylvanil
Municipalitie. Planning Code (MPC), Act of July 31, 1968, P.L. 805,
1.1 amended, added by Section 48 of the Act of December 21, .1988, 53
P.S. 110603.1, provide.:
In interpreting the lanquage of zoning
ordinance. to determine the extent of the
re.triction upon the u.e of the property, the
lanquage .hall be interpreted, where doubt
exi.t. a. to the intended .eaning of the
lanquage written arid enacted by the qoverning
body, in favor of the property owner and
aqainat any implied exten.ion of the
re.triction.
In 1995, when the plan va. .ubmitted, the area had been rezoned to
R-2 for at lea.t five year., and ba.ed upon the evolving nature of
the area, thia Court conclude. that the Council did not err or
abu.e it. di.cretion 1n approving the preliminary plan.
prote.tant. next contend that the approved plan doe. not
.eet the intent and Objective. a. .et forth in Section 25!5-2(C) (1)
of the Zoning Ordinance in that it will not proDlote, protect and
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facilitate the public health, eafety and qeneral welfare of the
area. Specifically, Protestanta a..ert that the development will
create danqerou. conditions for elderly residents walkinq or
children playinq in the alley when it is turned into a street. The
record indicates that these satety concerns were considered by the
Council.
The approved plan provide. for a sidewalk and a curb on
the south Ride ot.' cemet.ry Avenue in front of the proposed duplexes
in order to accommodate pedestrian traffic.
Further, the tire
chief opined that the proposed use would generate less automobile
traffic than the previous commercial use and that fire apparatu.
would have adequate acce.s to the properties. In short, there i.
substantial evidence ot record to indicate that there i8 no need
tor a sidewalk and a curb on the north side of the street.
Moreover, the absence ot ill sidewalk and curbinq on that side of the
street will protect it trom storm water runoff.
Finally, prote.tant. contend that the Council (1) failed
to make findinq. as to whether Cemetery Avenue is a designated
.treet, (2) failed to Ust the ten conditions to which the
developer aqre~d and (3) permitted hearsay te.timony trom the tire
chief, who claimed that there would be no problem for truck.
respondinq to that area.' Pursuant to Section 508(2) of the MPC,
'Protestants did not raise the question of ce.etery Avenue's
designation as a .treet either before the Councilor on appeal to
the trial court. Accordingly, it 18 waived. Pa. R.A.P. 302(.). ,
7
53 P.8. 110508(2), when a preli.inary .ubdivi.ion plan i. approved,
the governing body need not make finding. of fact or conclu.ion. of
law to .upport it. deci.ion.
It i. only where a plan i. not
approved that the deciaion denyin9 approval mu.t .pecify the plan'.
defect. and cite to .pecific provi.ion. of the ordinance that were
violated. Verr v. L80ca.ter Countv Plannina comm'n, 625 A.2d 164
(pa. CIIIwlth. 1S/93), aDDeal denied, 538 Pa, 677, 649 A.2d 677
(1994).
In aummary, it i. well e.tabli.hed that the approval of
a .ubdivi.ion plan may not be withheld where the plein cOlllplie. with
all applicable reCJUlation..
Akin v. Sou1:h Middl.~on Town.hiD
Zonina Hearina Board, 547 A.2d 883 (Pa. CIIIwlth. 1988). Al.O, a
.ubdivi.ion plan may not be required to .eet .tandard. that are not
contained in the .wxUvi.ion ordinance. 14. In the pre.ent ca.e,
the council properly determined that wind.or'. preliminary plan .et
all reqUirement. of the Borou9h'. zoning Ordinance. Furthermore,
the council did not err or abu.e it. di.cretion in 9ranting the
modification. from the require.ent. of the Borou9h'. Subdivi.ion
and Land Development Ordinance for Cemetery Avenue'. right-of-way
Thia Court'. review of the record indicat.. that the council
did li.t the ten condition. a9reed to by Wind.or, the developer.
IU certified Record, council'. July 5, 1995 special Meeting
Minute., Con.ent to SubcUviaion/Land Devalopment Plan .Popproval with
Condition..
rred Bean, the Borough ManBger, t..tified that he a.ked the
tire chief whether, given the width of the .tr.et, he could get a
truck into thi. are. and the fire chief felt comfortable that he
could.
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width and aidawalka and curbing_ The order of the trial court i.
aUined.
J.~~
IS A. S IT , Judge
President Judge Colins dissents.
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IN THE COMMONWEALTH COURT or PENNSYLVANIA
JOHN H. BROUJOS, LOUISE BROUJOS,
HAROLD KRETZING, JEAN KRETZ lNG,
and ROBlar LEE JACOBS,
Appellant.
NO. 3357 C.D. 1995
v.
CARLISLE BOROUGH COUNCIL
ORDRR
AND NOW, thb 14th day of November
, 1996, the
order of the court of Common PIe.. of cumberland County 1. hereby
affined.
~
SMITH,
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RE: BROUJOS, KRE'rZING & JACOBS v CARLS, COUNCL
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,
,
Lower Court No: 95-4166 CIV
Appealed Date: October 31, 1995
County: Cumberland
Commonwealth
Docket #: 3357 C.D. 1995
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IN THE COMMONWEALTH COURT OF PENNSYLVANIA
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CERTIFICATE OF CONTENTS OF REMANDED RECORD
.". AND NOTICE OF REMAND UNDER
P~~NSY~VANIA RULES OF APPELLATE PROCEDURE 2571 AND 2572(e)
THE UNDERSIGNED, Prothonotary or Deputy Prothonotary of the
Commonwealth Court of Pennsylvania, the said court being a court of
record, does hereby certify that annexed to the original hereof is the
whole and entire record as remanded from the Commonwealth court, in
compliance with Pennsylvania Rules of Appellate Procedure 2571 and
2572 (e) .
An additional copy of this certificate is enclosed with the
original hereof and the clerk or prothonotary of the lower court or the
head, chairman, deputy or secretary of the government unit is hereby
directed to acknowledge receipt of the remanded record by executing
such copy at the place indicated and by r~turning the same IMMEDIATELY.
, e~~L~
Deputy ProthonotarY/Chlef Clerk
PLEASE SIGN AND RETURN IMMEDIATELy TO: OFFICE OF THE CHIEF CLERK
COMMONWEALTH COURT OF PENNSYLVANIA
P.O. BOX 11730, SOUTH OFFICE BUILDING
HARRISBURG, PA 17108
(717)7a3-3215 OR 783-7058
(Seal of Court)
Record Received:
~ (). ~VtJ.1iM-
slgna .ure)
A~ 1~]u-t4.t.t;
Reason tor
Remand
Date record
Remanded
At firmed
November 3, 1997
SPK
qf -41' ~
Oct :I, 1997
SU.'" COURT or 'IDmSYLVANIA
IIIDDL. DISTRICT
NOTIC. 0' 'ILIlfO 'ITITIOIf 'OR ALLOWANC. 0' AP,BAL 'ROM
CONNOIfIIALTB COURT . DOCKIT NO. 3357 C.D. 95
AT'f'Y .01 ..TITIonl. Johll B. IIrou:lo., I.quir.
JOlIN II. .aOUJOS, LOUISI .ROUJOS, 1lAJl0LD ltRBTZINO, J'BAN ltRBTZINO and ROlllaT
LII. JACOIIS
.:i~
.ITITIONKRS
V.
CAlLISLII .0aouoII COUNCIL NORIIAN llLAM and MARY LOU ROBBINS, Int.rv.no~.
RBSPONDBNT
NO. 0733 N.D. ALLOCATUR DOCltllT liii
DATI 'IITITION 'OR ALLOWANCII 0' AP.BAL rILED. 1:1/16/96
.*.*.*.*.*....********.*.**....*
DIS'OSITIOX. DIIMIIID
DISPOSITION DATB. 09/08/97
AND NOW, this 8th day of September, 1997, the petition for Allowance Of
Appeal is hereby DENIED. PC.
.oaleAllD OlIOIlfAL RBCOlD TO NIDDLII DISTRICT - JlAJlRISBURO ( )
OaIGINAL RlCOlD .ILID.
If OTIC. O. 'ILINO SIIIIT axITKD TO Lowaa COURTS. 10/0:1/97
...........*..***..**.....*..
RBCOIfSID.lATIOR .ILID.
DI.'OSITIOX DATI.
DIS'OSITION.
RECORD REMITTED:
cc. ...t Publi.bing Co.
C~.rc. Cl.aring Iou..
Nead Data Ceatral
CC. . cu.berland/Civil . Nu.b.r. 95-4166 Civil T.~
S8/11U1
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
JOlIN H. BROUJOS, LOUISE BROUJOS,
HAROLD lCRETZING, JEAN KRETZING,
and ROBERT LEE JACOBS,
Appellants
NO. 3357 C.D. 1995
ARGUED: September 13, 1996
v.
CARLISLE BOROUGH COUNCIL
BEFORE:
HONORABLE JAMES GARDNER COLINS, pre.ident Judqe
HONORABLE DORIS A. SMITH, Judqe
HONORABLE GEORGE T. KELTON, Senior Judqe
OPINION BY JUDGE SMITH
FILED: Noyell)be;r 14, 19.9.6
John H. BroujoB, Loui.e Broujofl, Harold Kretzinq, Jean
Kretzinq and Robert Lee Jacob. (COllectively, prote.tant.) appeal
from an order of the Court of Co_on Plea. of CUlIIberland County
that dismissed prote.tants' appeal from a deci.ion of the Carlisle
Borouqh Council (council) qrantinq approval of a preliminary
.ubdivision and land development plan on behalf of Windsor Building
Corporation (Wind.or).
The legal and equitable owner. of the
.ubject property, Mary Lou Robbins and Norman Elam, t/d/b/a
Windsor, are before the Court as Intervenors. The is.ue pre.ented
i. whether the Council, in approvinq the preliminary plan, abu.ed
it. discretion and cOllllDittederrors of law by failinq to require
compliance with the applicable provisions of the Borough'S
Subdivision and Land Devolopllent Ordinance and Zoninq Ordinance. .
On March 14, 1995, Wind.or filed an application with the
Borou9h for approval of a preli'alinary plan to subdivide
Interv.nor.' 1.26-acre tract and to construct four dupl.x.s with
ei9ht .ingle-family, .emi-detached dwellinqs. Each duplex i. to
h.ve . .eparate garag. and is intended to be .old for up to
'140,000. Int.rv.nor.' property front. on Cemetery Av.nu. to the
north .nd abuts a middle .chool to the south. Cemet.ry Av.nu. i.
....ntially an all.y and is un.vonly pav.d. Th. subj.ct .ite
consi.t. of an op.n area with some dilapidat.d structur.s that were
u..d wh.n it wa. a commercial flower bu.in.... Th. prop.rty i.
locat.d in an R-2 medium-d.nsity r.sidential diatrict, in which
dnvle-family s.mi-d.tached dw.llings ar. sp.cifically p.rmitt.d a.
of right.
In it. pr.liminary plan, Windsor r.qu..t.d a modification
of r.quir.m.nts pursuant to Section 226-14 (A) of the Borou9h'.
Subdivi.ion and Land Dev.lopm.nt Ordinanc.' to allow a l....r
right-of-way width for C.m.t.ry Av.nu.2 and al.o to d.l.t. curbing
'Thi. ..ction provid.. that the Council:
may qrsnt a modification of the requir.m.nts
of on. (1) or more provision. if the lit.ral
.nforcem.nt will .xact undue hard.hip b.cau.e
of p.culiar condition. pertaining to the land
in qu..tion, provided that .uch modification
will not bel contrary to the public inter..t
and Ulat the purpo.. and int.nt of this
chapt.r are ob..rved.
Zorh. right-Of-way width for C_.t.ry Avenu. i. 34 f..t, Whioh
i. 16 f.et 1... than the required 50 f..t. In 1971, wh.n the
property was de.d.d from Interv.nor Robbi...' pred.ce..or-in-title
2
and .idewalk. on the north aide of Cemetery Avenue. J The
preliminary plan wa. initially approved by the Borough's Planning
Commi..ion. Following a public hearing, the Council approved the
plan with the two requ..ted modifications.
Without taking any
additional testimony, the trial court upheld the Council's approval
of the plan. prote.tant., neighboring homeowner., appeal.4
Protestants first argue that Cemetery Avenue is an alley
intended only to be u.ed for acce.. to the rear .ide of properties
otherwise abutting a atreet: they aver that when they purchllsed
their home. on Eaat Ridge street they aasumed that they had the
unimpeded use of the alley to .ervice their properties. To support
their poaition, Protestants note thllt Section 226-23 (C) of the
Subdivision and Land Developlllent' Orlli.nance requires a minimua 50-
foot right-of-way, and they '1on~"nd that a waiver of this
to Protestant Kr.tzing, a right 'of 'w.J.Y of 34 feet wa. resarved,
which was the requirement for a local street at that time.
J As recommended by the B~.~ugh's engineer, the deletion of
curbing and sidewalk requirements on the north side of Cemetery
Avenue will allow rainwater to collect in a drain syste. without
being restricted by . curb and aidewalk. Windaor must install a
curb and sidewalk on the aouth .id. of Cemetery Avenue where the
duplexes will be built.
4In a land u.e appeal, where the trial court ~oes not take any
additional evidence, this Court'. Bcope of review is limited to
determining whether the local governing ~ody committed an error of
law or an abuse of discretion. HIXr v. Lancaster County Plannina
Comm'n, 625 A.2d 164 (pa. cmwlth. 1993), aooeal denied, 538 Pa.
677, 649 A.2d 677 (1994). "[T]tlo governing body abuse. its
discretion when its finding" of fact are not supported by
substantial evidence." ~. at 167
3
require.ent ehould have been the subject ot a variance betore the
Borough'. Zoning Hearing Board.
In .\pDeaI of Piori, 635 A.2d 743 (pa. C1Dwlth. 1993),
aDDeal denied ~~ Piori v. Bensalem Townshi;, 538 Pa, 638, 647
A.2d 512 (1994), this Court reattirmed the well-established rule
that where a .unicipality haa enacted a subc1!vi.ion and land
develop.ent ordinance, the "municipality's qoverninq body haa
exclusive juriSdiction to hear and render tinal adjUdication. in
applications tor approval ot subdivi.ions or land development.."
!d. at 745. In the pre.ent cas., Section 226-3 ot the SUbdivi.ion
and Land Development Ordinance desiqnates the Borouqh's Council,
not the Zoninq Hearinq Board, as the authority to review, .aJre
reco.endations and approve or disapprove all preliminary and tinal
.ubdivi.ion plat application.. In view ot ADDeaI of Piori, the
trial court correctly concluded that because the plan met all
zoning require.ent., the .tandard. tor qrantinq variance. to loninv
requlation. do not apply to granting moditicationa ot require.ent.
under the Subdiviaion and Land Development Ordinance.
A. noted by the trial court, a 34-toot riqht-ot-way wa.
re.ervad by the predecca..or-in-title to the leqal owner ot the
.Wlject property when it wa. .ubdivided in 1971. Under the
.ubdivi.ion and land develop.ent ordinance in ettect at that ti.e,
34 teet wa. the exi.tinv requir..ent tor a local .treet. Hence,
there i. evidence ot record to indicate that Ce.etery AV8nue wa.
intended to be a local atreet. In any event, revardle.. of tha
4
wi 4th ot the right-ot-way, the plan requirel Windlor to pave the
cartwar ot cemetery Avenue to a wi 4th ot 22 teet, which meetl the
current minimUIII pavement wi4th requirement. ot Section 226-23 (C) (1)
ot the Sub4ivi.ion an4 Lan4 Development Or4ir.ance tor a local
Itreet. Accor4ingly, thil Court conclude. that the Council did not
err or abu.e it. dilcretion in modifying the right-ot-way wi4th
requirement. .
prote.tantl contend that tbe Council erre4 in approving
the plan becau.e thl propo.ed dlvelopment doe. not provide tor
orderly expan.ion or tor compatibility with exilting hou.e. a.
require4 by Section 255-21 ot the Borough'. Zoning Ordinanc3, a
general prov18ion describing the intent of the R-2 D18trict.
Specifically, prot..tantll argue that the tour duplex hou.e. on
Cemetlry Avenue are not compatibll with ex18ting bou.ing, which i.
predominantly e1ngll-family, and tbat in approving the duplexe. the
Council failed to con.idlr the exi.ting .ingle-family cbaracter of
the aria a. requirld by Slction 255-2(B) of the Zoning Ordinance.
A. noted by thl trial cuurt, Slction 255-22(B) of the
Zoning Or4inance Iplcifically provide. that .ingle-tamily, .emi-
detache4 dwelling. are a u.e pel'1llitted by right in any R-2
Di.trict.
"It i. well .ettled that .peciUc provi.ion. in an
or4inance control over gelleral provi.ionl." Anneal of parrell' 481
'Section 226-9 ot the SubcUvilion a...4 Land Develop.ent
Or4inance 4etine. "CARTWAY or ROADWAY" a.: "That portion CJt a
.treet which 18 illprove4, 4e.ignated or inten4e4 for vehioular u..,
including pave4 ara.. tor any on-.~~eet parking."
!l
A.2d 1186, 11811 (pa. Cmwlth. U84).
Therefore, the .pecific
providon in Section 255-22 (8) mu.t take precedence over any
veneral "intent" requirement. .et forth in the Zoninq ordinance.
Further, becauee .ingle-family, .emi-detached dwelling. are
penltted on the .ubject property Be of riqht, they may not be
con.idered incompatible with the general intent of the Zoning
Ordinance. In any event, becau.e of chanqe. in the neiqhborhood,
the area i. no lonqer comprieed excluaively of .inqle-family
dwellinq. .
In addition, Section 603.1 of the Penn.ylvania
Municipalitie. Planning Code (MPC), Act of July 31, 11168, P.L. 805,
.. amended, added by Section 48 of the Act of Denellber 21, .11188, 53
P.S. 110603.1, provide.:
In interpretinq the lanquage of zoninq
ordinance. to detenine the extent of the
re.triction upon the u.e of the property, the
llInquage .hall be interpreted, where doubt
exiet. a. to the intended meaninq of the
lanquage written and enacted by the qoverninq
body, in favor of the property owner and
aqain.t any implied exten.ion of the
r..triction.
In 111115, when the plan wa. eubmitted, the area had been rezoned to
R-2 for at laa.t five ye.r., and ba.ed upon the evolvinq nature of
the area, thi. Court conclude. that the Council did not err or
abu.e ite di.cretion in approvinq the preliminary plan.
Prote.tant. next contend that the approved plan doe. not
.eet the intent and objective. a. eet forth in Section 255-2(C) (1)
of the Zoninv Ordinance in that it will not promote, proteot and
6
facilitate the public health, .afety and general welfare ot the
area. Specitically, Prote.tant. a..ert that the development will
create dangerous condition. for elderly re.ident. walking or
children playing in the alley when it i. turned into a .treet.The
record indica tee that the.e e.fety cone erne were coneidered by the
Council.
The approved plan providee for a .idewalk and a curb on
the south .ide of Cemetery Avenue in front ot the propo.ed duplexes
in order to accommodate pedeetrian traffic.
Further, the tire
chief opined that the propo.ed u.e would generate le.. automobile
traffic than the previous commercial u.e and that tire apparatus
would have adequate acce.. to the properties. In short, there is
.ubetantial evidence of record to indicate that there i. no need
for a eidewalk and a curb on the north side ot the etreet.
Moreover, the absence of a .idewalk and curbing on that .ide ot the
etreet will protect it from etorm water runotf.
Finally, Protest ante contend that the Council (1) tailed
to make findinge a. to whether Cemetery Avenue i. a de.ignated
.treet, (3) failed to li.t the ten conditions to which the
developer agreed and (3) permitted hearsay te.timony from the tire
chief, who claimed that there would be no problem tor trucks
re.ponding to that area.' Purauant to Section 508 (3) of the MPC,
'Prote.tante did not rai.e the que.tion of ce.etery Avenue's
de.ignation a. a .treet either before the Councilor on appeal to
the trial court. Accordingly, it i. waived. Pa, R.A.P. 302(a).
7
53 P.S. n0508 (2), when a preliminary .ubdividon plan b approved,
the qoveminq body need not make findinqa of tact or concludon. ot
law to .upport it. decillion.
It i. only where a plan i. not
approved that the dechion denyinq approval mu.t .pecify the plan'.
detect. and cite to .pecific provi.ion. of the ordinance that were
violated. Herr v. Lancaster Countv Planning Comm'n, 625 A.2d 164
(pa. ClDwlth. 1993), aDDeal denied, 538 Pa, 677, 649 A.2d 677
(1994) .
In .UlDlDary, it i. well eatabli.hed that the approval ot
a .ubdivi.ion plan may not be withheld where the plan complies with
all applicable requlation..
Akin v. South Middl.'ton Town.hip
Zonina Hearina Board, 547 A.2d 883 (pa. ClDwlth. 1988). Al.o, a
.ubdivi.ion plan may not be required to meet .tandard. that are not
contained in the subdivision ordinance. !d. In the pre.ent ca.e,
the Council properly determined that Wind.or'. preliminary plan met
all requirement. of the Borouqh'. Zoninq Ordinance. Furthermore,
the Council did not err or abu.e ita dhcretion in qrantinq the
moditication. from the requirement. of the Borouqh'. Subdivi.ion
and Land Development Ordinance tor Cemetery Avenue'. riqht-of-way
Thi. Court's review of the record indicate. that the Council
did li.t the ten condition. aqreed to by Windsor, the developer.
IAI Certified Record, Council'. JUly 5, 1995 Special Meetinq
Minute., Consent to Subc!ivi.ion/Land Development Plan Approval with
Condition..
Fred Bean, the Borouqh Manaqer, te.tified that he asked the
fire chief whether, qiven the width of the .treet, he could vet a
truok into this area and the fire chief felt comfortable that he
eould.
8
width and ddewalke ancS curbinq. The order of the trial court ie
a ff i 1'IIed.
JI.~~~
IS A. 5 IT , Judge
President Judge Colins dissents.
, '
.
"
('ummunweallh uf l'enn'ylvania
('UUlllY uf ('umherland
} '"
I. Prothonotary , Prulhunulary
of the Cnurt of ('ommo,\ IJlca~ in and for ~aid
('uunty. du herehy eerlify that the fureguing i, a
full. 'rue and eu"ecl cupy uf thc whule record ufthe
cuse therein stated. wherein
John H. Broujos. Louise BroujnR. Har d
and Jean Kretz ing & Robert r pp .TR(""nh
Plaintiff. and
Carlisle BorouQh Coun~l
Defendant _. a' Ihe ,ame remain, of record
Case No. 3357 C. D. 1995 hcfure the ,aid ('uurl at Nu. 95-4166 of
Civil Term, ".0. 19_,
In TESTIMONY WIIF.RF.OF. I have hereanln ,el mv hand and affixed lhc ,eal of ,aid Court
Ihi. Fifth day oi January ", 0.. 19~,
I
, ' , ) { J
aLli.!tP,.c<cL. ~L~N~v
/3.,: ~'iJ~tL a .W..1u""t, I'r"'h,,",,w,
~"4J
I. Harold E. Sheely Pre,idcnt Judge of 'he Ninth
Judicial Oi.lrkt. comp",ed of thc County uf ('umherland. du certify that -1,awrence E. Welker,
Prothonotary , hy whom the annexed record. certificale and
attestation were made and gi"cn. anll who, in hi'\ own proper handwriting. thereunto sub!l!ocribed hi!l!o name
and affixed Ihe ,ealuf the Court of Cnmmon Plea, of ,aid Cuunty. wa,. at Ihe time 01'.0 doing. and now i.
Prothonutary in and fur ,aid Cuunly of Clnnoorlanrl in
Ihe Common"eallh uf Penn'ylvania, duly comm;"iuned and 4ualified to all of whose acn a. .uch full faith
and credit are and uughl to he given a, well in ('uurts '7JI'jU icature a' elsewhere, and that the .aid record.
certificate and J.tlfstation arc in duc rorrn of 11.1"" and f' ~. by th~ pro cr ~fficer. (;/
/SJr.. ~,<-<.~-'<, _,Yj'UcA
Prc,jd udtl<<:
Commo"""calth 01' Pennsylvania
('uunly uf ('umherland
}"
I. Lawrence E. Welker , Prothunutary of the ('ourt of ('om:non Pie.. in
and for Ih~ said ('uunly, do certify Ihat thc "onorahle Harold Eo SooAly
by whom the foregoing auc!\lation WiH made. and who ha~ thereunto subscribed hi, name, W3!1, at the lime
"I' making thereor. and .till i, Prcsid.nt .Iudgc "I' Ih. ('ourt "f Common Pitas, Orphan' Courl and ('ourt or
Quarter Se"i"n, of Ih. reacc in and fur ,aid ('ounly, duly ('ummi"ioned and 4ualified: to all who.. act.
as such l'ull faith and credit art~ and ought to he gi",'cn. as ",ell in ('ourts or judicature as rl!litwhcrc.
IN TESTIMONY WllrR 1'01'. I havc hereunto
,,,~t m.. hand and affi.'tl.cd the ",co.,! 01 \aid ('OUrI Ihi,
---5.tlL_ day of JanudJ:Y_,.. ,~.ll. IL.9iL.
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eounly or
Amons the Recor~' an~ Proceed ins, enrulle~ in Ihe courl or Common Pleu in and ror the
in Ihe Commonweallh or Pennsylvania
to No.
('OPY OF
ClUnbe r 1 and
No. 115"! CD 1'l'l5
95-4166 Cjvil
l.rm, 19 i, c"ntain.~ the rollowinS:
Apr:euriin("e
l>OCKF.T ENTRY
JOHN H. BROUJOS, I.OllISE BROl/JOS, HAROl.n KRETZING,
JEAN KRETZING, AND ROBERT (,FoE JACOBS
VS.
CARI.ISI.E BOROUGH COUNCIl,
Aug. 3, 1995, Notice of l.aml Use Appeill. filed.
Aug. 3, 1995, Writ of Certiorari, issued.
Aug. 4, 1995, Certificilte of Service, filed.
Aug. 4, 1995, Motion for a Stay, filed.
Aug. 8, 1995, Order of Court, filed.
AND rKM, this 8th day of August, 1995, a Rule is entered agai,nst the
Borough of Carlisle to show cause why the not ion for a stay should not be
granted. Rule returnable at iI hearing to he held at 2:30 p.m.. Monday,
August 14, 1995, in Courtroom Number 2. Appellants shall provide notice to
appellee, the owner of the property, the developer and the attorney for the
developer.
By the Court. Edgar B. Bayley, J.
Aug. 8, 1995, Certific.ate of Service, filed.
Aug. 9,1995, Notice of Intervention, filed. (by Roger M. Morgenthal, Esq.)
Aug. 11. 1995, Stipulation, filed.
Aug. 15, 1995, Order, filed.
AND NOW, this 15th day of August, 1995, upon motion for a stay of the
action by the Carlisle Borough Council on the application of Norman Elam,
'fA Windsor Building Corp., for development of the Cemetery Avenue plan, it
is ordered and dec.reed that the action by the Carlisle Borough Council is
stayed. Carlisle Borough Council will take no further action on final
approval or issuance of a buIlding permit and the landowner Mary Lou Robbins
and the developer Nonnan Elan, trading as Windsor Building Corp., shall not
proceed any further to develop, construct, or excavate the land until f.inal
disp:lsitJ,on of the appeal hils been lMde.
By the Court, Edgar B. Bayley, J.
1995, Notice of F'iling of Record (with enc.losures), filed.
1995, Transcript of Public Hearing before Carlisle Borough Council,
Aug. 18,
Aug. 28,
filed.
Sept. I,
1995. Praecipe for List lng Case for Aryument, filed.
By: Roger M. Morgenthal, Fsq. for Int~rve rs
Oct. 10, 1995, Notice of Filing of Supplemental Record, filed.
Or.t. 31, 1995, Opinion and Order of Court:, HIed.
AND NOW, this list day ot October, 1995, the within appeal, IS DISMISSE .
By the Cou!'t, Fdgar B. Bayley, J.
Nov. 28, 1995, Notice of ^pr~al., filed.
Notice is hereby given that .John H. BnmjnA, et aI, Appellants above
named, Ilerehy appeal tn the Ccmnonwealth Court of Pennsylvania fran the
order ent<.lred ln thls miltter nn the Hst c1ilY of October, 199",.
This order has been entered tn the docket ilS evidenced by the attached
tent
By: .John H. Brotlins, E:sq.
.'\
"'....
4, Appellel! is Borough Council of Carlisll!, a municipal corporation organized pursuant
to appropriate laws of the Commonwealth of Pennsylvania with principal offices at '3 West
South Street, Carlisle, Cumberland Counly, Pennsylvania.
" The premises in question in this appeal, a 1.26 acre tract located along Cemetery
Avenue, Borough of Carlisle, Cumberland Counly, Pennsylvania, is located in an R-2
Residential District under the provisions of the zoning ordinance of the Borough of Carlisl'l.
6. The tract of ground along Cemetery Avenuo is owned by Mary Lou Robbins 52 E
Ridge Street, Carlisle,
7, On March 14, 199~, Windsor Building Company filed with Borough Council an
application, Number 9~.IOO, for preliminary approval to divide the property and construct
eight single-family, semi-detached dwelling units,
8, On July 5, 1995, Council by motion granted preliminary approval of the subdivision
plan modified to waive the required ~O foot right of way for Cemetery Avenue and to waive
the requireml'\nt of curbing and sidewalk on the north side of Cemetery Avenue, The only
record of the action of the Borough is the minutes of the meeting of July 5, 1995, a copy of
the unapproved minutes being attached hereto as Exhibit A.
9, The action of Borough Council, in approving the subdivision described in paragraph'
was arbitrary, capricious, and an abuse of discretion and contrary to law in that:
(a) The decision of Borough Council to permit the owner of premises located
along Cemetery Avenue to construct eight single-family, semi-detached dwelling units
bordering on a service alley and not on a street violates Section 2H-12 of the Zoning
Ordinance of the Borough of Carlisle, Council erred in its decision, in that it permitted
1'....
~
building on and use of an alley that was designed and intended for use only for servi~e lIt~ess
to properties on East Ridge Street. The Borough Code defines alley as "a minor way, which
mayor may not be legally dedicated, and is used primarily for vehi~ular service a~cess to the
rear side of properties otherwise abulIing on a street." Cemetery Avenue is an alley used
primarily for service to the rear side of properties, The proposed development deprives
property owners on East Ridge Street abutting on the alley in the rear of its use for service
and transforms this alley to a function primarily for access to a housing development.
(b) Borough Council erred in approving the preliminary plan, Under the
requirements of Zoning Code Section 255-21, the intent of a R-2 Medium Density
Residential District is to:
(i) "provide for orderly expansion of areas that offer residential neighborhoods
at a medium density," The proposed development does not provide for an orderly expansion;
on the contrary. it is disorderly expansion, since it creates four duplex houses on a single tract
in an overwhelmingly single detached dwelling area,
(ii) "carefully control the types of housing to ensure compatibility with
existing houses," The proposed development is not compatible with existing housing, which
is single dwelling predominantly, In addition, the permitted use test of intent, as set forth in
Section 255-21, and the overall objectives and goals of the Zoning Code were not applied;
(iii) "carefully protect these areas from uses that may not be fully compatible."
Eight semi-detached dwellings huddled on a back alley cramped on one side by a right-of-
way of insufticient width (36 feet instead of so feet) and on the other end by a 12-14 feet
alley with a proposed confusing one-way traffic direction, with a 35 foot street failing to meet
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thl! 50 foot requirement of the Borough Code. with insufficient storm waler management, with
problems of access for firetighting equipment and waste disposal are not fully compatible
with the area,
(c) Borough Council erred in approving the preliminary plans by not following the
Intent and Objectives found in Section 255-2 (B). The zoning by the Borough Council of
the area as an R.2 area "was adopted with reasonable consideration, among other things, of
the existing character of the various areas within the Borough of Carlisle and their respective
suitability to particular uses," The proposed development is not only inconsistent with the
"existing character ot" the zoned area of Ridge Street within the Borough of CRI'lisle; it is
contrary to the single dwelling character, Council has permitted an area in the backyard of
East Ridge Street properties intended as a backyard area to be converted into a development
which should face on an existing street. The owners of properties on East Ridge Street at the
time of purchase of their homes had a right to rely on the alley as an alley and the area as
one upon which eight semi-detached houses would not be built, The plan seeks to develop
land where there is no normal street and to convert an alley into a street. which in turn has
forced the developer to ask for variances of street size. curbing requirements. and sidewalk
requirements, The attempt to corrupt the intended use as a service alley has resulted not
only in the need for one waiver after another; it creates traffic safety hazards for the children;
aggravates storm water problems; and encroaches on the privacy expected by homeowners in
their backyard alley, Council was advised by its staff that Council could even assess the East
Ridge Street property owners fronting on East Ridge Street with an as"essment to construct
sidewalks and curbing on their property abutting on the alley. Not only would this be I
if
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denial of equl\l protection of the laws, It would require existing garages lII1d buildings abulling
directly on the alley to be torn down This construction of garages lII1d buildings on lII1 alley
is consistent with the service concept, not with "orderly" explll1sion of lII1 existing single
family IlII1d use; not with a eight owner complex with the potential of 24 ,to 30 additional
persons lII1d up to sixteen cars.
(d) Borough Council erred in approving the preliminary pllll1s by violating Section
2~~-2, The proposed development does not "promote, protect, lII1d facilitate, , , tho public
health, safely, general welfare, , , vehicle parking, . , lII1d other requirements" for those
living in the existing homes lII1d of the proposed homes, The nonhern side of Cemetery
Avenue has no setbacks, because of existing garages lII1d other structures, Blind and
dangerous conditions for children running and playing in the neighborhood will exist if this
alley is turned into a street. Children in the street in the face of oncoming traffic will be
forced to expose themselves to the oncoming traffic, deprived of a sidewalk on the nonh side
of the street. The grlll1ting of a waiver by Borough Council not to install curbing lII1d
sidewalks further creates health, safety and general welfare concerns,
(e) Borough Council erred in approving the preliminary pllll1s by violating Section
2~~-2 (C) in that it did not "prevent. , , overcrowding of land .." danger and congestion in
travel... "
(t) Borough Council erred in approving the preliminary pllll1s in that it did not
follow the interpretation of Section 255-8 (B). "Whenever a use clearly is not permitted by
right, by condition or by special exception by this chapter anywhere in tho borough, the use is
prohibited in the borough, except that the appliclII1t may apply to the Zoning Hearing Board,'
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Allhough the use of semi-detached dwellings is permiued, the application of that use is not
permil1ed and requires approval of the Zoning Hearing Board. which has not been applied for
or sranted.
(s) Borough Council erred in approving the preliminary plans in that it did not
require the developer to submit proof that Cemetery Avenue has been accepted as a Borough
Slreet and that the Borough has maintained and plowed the alley, There is nothins of record
to prove that Cemetery Avenue is an accepted Borough streel.
(h) Borough Council erred in approving the preliminary plans in that it did not
require a SO foot right-of-way for a new local street, as required under Section 226-23 (C-3).
grantins instead a waiver for a 35 foot right of way, which should have been the subject of a
variance before the Zoning Hearing Board,
(i) Borough Council erred in approving the preliminary plan in that it did not
follow Section 226-14(A), "The modification should not be contrary to the public interest and
the purpose of and intent of the ordinance," for all of the reasons given in the preceding
averments,
(j) Council erred in approving the preliminary plan in that it failed to include
within the motion and the decision the ten conditions referred to in the minutes only as "ten
conditions" to which the developer agreed,
(k) Council erred in its decision. in that the plan failed to include a storm water
management plan or provisions for storm water managemenl.
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WHEREFORE, Appellants request that this Court hold a hearing on the matter, reverse the
action of the Borough Council of Carlisle, and direct that the subdivision application which is
the subject of this appeal be denied,
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August 3, 1995
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Jo n Hl BrO~jOs:-;Sq ire
BRbJos, GILROY & HOUSTON, P.C.
4 North Hanover Street
Carlisle, Pennsylvania 17013
717/243.4574 7171766.1690
FAX# 717/243.8227
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MINUTES
CARLISLE BOROUGH COUNCIL
Public Hurl..
DRAfT
Robblu Denlo,..nt
July 5, 1995
Councilmllll Ocker clllled lhe meelinfllo order al 7: 30 PM, The followinll members of Council were
presenl: Chenok. Giordllllo. Hermll/l. Ocker, Owens. and Spill, Also preaenl were: Solicitor Schorpp,
Ml1I\afler Bean. Public Works Oireclar Keiser, PlanninglZoninlJlCodes Manaller DennIS, and Secrelary
Lay,
Mr, Ocker Slated that the public heanns II concemins Ihe Robbins Propeny Development He explained
thatlhe ClIllisle SubdivisionILand Developmenl Ord:nllllce reqUlrtS thar Borouflh Council render a
<ltclsion Il/ld conununicale itlo lhe applicanl within 90 days of the date on which the plan was reviewed by
dIe Borouflh Planntns Commiuion, Aftcrreviewing the plan Council may approve the plan. approve the
plll/l with conditions. or disapprove lhe plan, If the application is denied in terms 15 liIed, the decision
shall lpecify the defects found in lhe applicalion and describe the requirements which have nol been met
and shall in each case recite the provisions of the slatUle or ordinance relied upon. Mr, Ocker encourafled
Council to make a derision inunediately aflerlhe public hemnfl. He Slated Ihat the residents of the
neiflhborhood have allended several mtctinfll prior 10 this and he would be hesitanllo have them come 10
an additional meeting,
ROfler Morgllllthal. the applicanl's auomey, slaled Ihal he reviewed Ihe staff reconunendations and the
conditions tharstaff sug.esred for approval of Ihis project He explained that he Il/ld the applicanl are in
full aflleement of the conditions, Mr, MorganthaJ asked Doafl Brehm. the applicanl's enflineer, to explain
whal the project involves. Mr, Brehm Slaled thatlhe propeny is localed on Cel11Alrery Avenue and would
consisl of four buildinlls each consistillS of Iwo units. Each unit will consiSI of a two car ,1UI1lCl and two
additional parking ~paces in the driveway, The IICluaJ street width proposed is 22 feel and will have a curb
on the south lide of the Slreel only, Also proposed is 10 overlay the Illley onlo East Ridlle Street There
would be landscapins on the development and the Irees loured in the bock of the propeny would be
preserved, Mr, Brehm llaled thai the mlllumum density requirements for this propeny il up 10 alltllSl 10
units, The propolal is well under 10 units, Mr, Spilz llSked if the back portion of the propeny abuts the
school propeny and if il does, will there be a buffer between the propenies, Mr. Brehm swed rhal il does
and there is a grove a Irees in the blll:k of the propeny alonfl with the sanitary sewer.
Ms. Chenok Slated Ihal previously the developer mel with the residents 10 discuss the project She asked if
any lunestions were given by the neighbon reflardinsthe prujecl. Mr, Morganthal stated thaI the
residents did nOI offer any eonluuctive IUfl.eluons.
Nomlan Elam. a relidenl al 2' North Acorn Drive, Boilin. Sprinlll il the developer of the projecl. He
lubmilred a leuer 10 Council (atlached) describinflthe project Mr, Giordano asked if the units will be for
sale or rent, Mr, Elam staled thaI they would be for sale ara lll/llle from 5130,000 to 5139.000, Mr.
Giordano asked whal will be on the north side of the stree.since curbinll will only be inswled on the south
side. Mr, Brehm staled that Ihe north side has . series of auafles and il would be hard to have curb there,
Since some of the propenies are lower Ihan th, !IreCl. the I.reel will be buill so the waler will drain the
lower properties, This will make the lilOalion beller so the warer will nol pond in the back of the lower
properties. If curbinl is inswled on the north side of the street. il would serve as a dam (or the wawr and
would make the silOation worse,
Mr, Owens asked if the developer is wtllinfllO ..lithe propeli)' 10 the residenlS of this area, MJ, Elam
stared thai he would be and in facl he already offered to sell ilIa the residents, Mr, Ocker !laled thal he
was concerned aboulthe open !plll:e in Carlille, Mr, Brehm sfared thai when Robbins was occuPyinll the
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DRAFT
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Public Hellrins . Robbin's DevelL, .ent
PBse 2
property, there were jusI WI mony ~lcenhou,., and p'llking Illell.'l WI whal i. being propo.ed now, He
explained thallhe units Ille !lCt 20 feel apart excepl for the IWlt unit which i. 30 feel apart,
John Broujos, B Nsident of 78 Easl Ridlle Street, slated that he represented the neishborbood. He
submitted to the record a letter which .tates his opinion resardins the project. This leltcr is allllched.
Harold Kretzing, a resident of 80 East Ridge Street aIId the owner of 633 South Bedford Street WIIS
concerned for the safety of the children in the neiShborhood, the width of the street, if flfe equipment
would be Bble to IICcess the buildings in clllle of B fire, and if there would be adequate parkins provided
when the residents of the units hBve guests, Mr, Ocker stated thut the proposal Willi reviewed by the Fire
Chief and he stated that lhe widlh of the Streel would be adequute for flfe apporalus 10 access the
development. Mr, MorgallthaJ asked Mr, Kreiling if there would be llIIything he would like to see
developed on the proposed sile, Mr, Kretzing stated that he did not want the Illea developed,
Raymond Wickard. a resident of 10 East Ridge Street. slllted that the cartway would be less than 17 feet.
Presently IwO cars CM' t pass one 1lII00her on the street. He also sla,..d that some of the trees on his propeny
would be to be removed in order for cnn to make the turn in the street.
Mr, Spitz IlSked Mr. Wickard if he Willi a resident of this area during the time Ihat Robbin's Flowers was
occupying lhe propeny, Mr. Wickard staled that he was, Mr, Spitz asked if 8 family cars al the minimum
would be more traffic ulilizing the street than when Robbin's Flowers was in business in the areB, Mr,
Wickard believed most of the traffic for Robbin's Flowers used Bedford Street although he did not pay thBt
much auention to Ihe traffic because it was never a problem.
Mr. Brouj08 did not believe il was fair 10 compare the Robbin's Flowers business with the proposed
development. He stated thaI al the time Robbin's Flowers was a non.confonning use and il could nol be
changed.
Ms, Chertok clarified thaI some of Mr, Wickard's trees would have to be removed or cut back. Mr.
Wickard staled that his trees are spreading over the srreellllld as a resulllwo CIllS would nol be able to pass
one another, Ms. Chertok then asked if Mr, MOlganthlll or the developer of Ihe prcject approached Mr,
Wickard regardinll removinll or cuuinll back the trees, Mr, Wickard stated thaI they did not.
Jarl Yilkema, a resident, staled thai the proposal is out of keeping with the neighborhood, He expressed
concern with tire apparatus, Ilarbase trucks. UPS trucks. elC, accessing the street. Ms. Chertok staled that it
is has already been clarified as to the flJ'e apparalUS accessins the street. She then asked if there was any
disclllAion on the larller vehicles accessing tho slreet. Mr, BellO statod that it was stafrs recommendation
to have traffic ellit off of Ridse Street. Therefore. when a delivery would come into one of the units they
would come in off of Bedford and then would exit in the same way, This would eliminate tryinlllO
negotiatc the turn in the avenue,
Jack Mullen, a resident of 635 HighlllOd A venue, Slated thaI he is opposed 10 the plan because the
neishborhood is very unique. He believed that the development would take away the characler of the
neighborhood.
Louise Brouj08, a resident of 78 East Ridlle Slreet. slaled thaI she would hate to see the open space be
developed, She Slated the residents were nol asked 10 buy the property, She was concerned for lbe safety
r)f the children, Ms, BroujOll slaled that the Robbin's Flower Shop traffic did not cause a problem for the
neishborhood,
Larry Footc. B realeSlalC appraiser, Slated thai the nature of housing in the neipborhood is sinllle family
delaChed dwellings, He explained that when the confonnily is not keptlD a neighborhood the propeny
values drop. He believed lbat if the developmenl WIIS approved il would nOI confonn with the present
housinll in tile neillhborhood and therefore decrease lbe value of the houses in Ihe lIIea. Mr, Spitz IISked
DRAFT
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DRAFT
July 5, 1995
l'tlxman Elam
25 N. /\corn Dr.
Boiling Springs, PA
17007
To The Carlisle Borough ColU'\Cil:
Approxi.rrately two years ago I signed a purchase oontract to buy the Robbins
property on cene,tary Avenue in Carlisle. 'nle property was zoned n.2 an:i ten
units were allowed to be built on the property. I trought ten units were too
many an:i decided on a to rrake the area less cro;.tied an:i be well within the limits
allowed. I wanted to construct 4 d\ll?lexes with nice features such as garages
with brick facing, sara units with porches, beautiful laOOscaping and trees.
Features that would add value to the property and not detract EIan the surround-
ing area value. I have agreed to all of the borough I s requirements~ an:i recarm-
endations. I have done e~.rything I have been asked to do. To date, I have
spent close to $16.000.00 of my personal money on technical 'NOrk an.::! legal fees.
SOre of the people living nearby are CXlncemed. I feel they have a right to be
CXlncerned if I were bw.lding smething unappealing. I do rot inte:id to build: a
"shoe box". I have spent a lot of tirre and careful consideration on the design
of the fu= duplexes to care up with smething attractive and loOuld fit in
nicely with the area. I have rret with CXlncerned neighbors to discuss this.
They knew the property was zoned R- 2 for a long tirre an:i !lad plenty of t.irlIl to
lN5ke an effort to change or ",urchase it.
I agree with the lxirougn staff that the new requirarents for Camtary Avenue
will carry the traffic. Itlst all of the nearby residents do not have young
children an:i with the layout of the steet it 'NOUld be a low vol\llll! area for
tra.ffic like mst any otl1e.r neighborhood.
I will offer to gi~'e up my purchase CXlntract if the nearby residents want to
Wy the ~ ard fully reimburse me my expenses. I believe in l\IIerica an:i
the idea of Free Enterprise. I am a working man trying t.o IJBIte a living. I
have the right to ~ the property an:i Mrs. Robbins also has a right to
sell her pzoperty to me. I ask you to consider this rratter in my favor.
'!hank you for your tirre.
Sincerely,
}L~L---"
l'tlIn1llll ElaI
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Loui.. and John B. Broujo.
78 B. Ridge Street
Carlisle, PA 17013
DRAFT
717 249 3048
lAX 717 243 8227
Hay 10, 1995
Borough Council
33 We.t South Street
Carlisle, PA 17013
RBI Robbin./Wind.or Propo.ed Oevelopment
Oear Council I
I repre..nt the citizenl of the Bait Ridge Street ar.a who oppo..
the above development.
Bnclo.ed i. a li.t of persons directly involved by having
properties bordering on the alley known as Cemetery Avenue and
others who live in the neighborhood which i. affected by the
change in the character of the neighborhood by this development.
Contrary to the .tatement of the developer that there is only one
reque.t for waiver--th. 34 foot right of way for the requir.d 50
foot right of way.
There lU" at l.a.t tlu:ee vari.ation. from the COd.'1
1. The reque.t to u.e a 34 foot right of way for the .treet
in.tead of . 50 foot right of way.
2. The u.e of a 12 to 14 foot riqht of way in the alley off
Ridqe Street; which create. a serious and potentially life-
endangering condition for two way traffic and even for one-way
traffic. The Dature of the location of qaraqes and building. on
the alley create. a hazard.
3. Th. ab.ence of a lidewalk on the north ,ide of the propo.ed
.treet. Where children are concerned--both tho.e of pre.ent
property owners and tho.e of any of tho propo.ed hou.e.--acce.s
of the safe haven of a lidewalk from vehicle traffic risk.
injury.
4. The proposal violate. the intent .s laid out in the Zonina
Ordinanc.,
A. Section 255-121 An alloy i. defined a. "a ainor way,
which mayor may not be leqally dedicat.d, and i. u.ed priaarily
for vehicular service acce.. to the rear .ide of properties
otherwise abuttinq on a street."
B. Sec~iQn 255-21:
"The intent of the R-2 Med1UID Density
/ .
~dential District is to:
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A. Provide for the orderly expansion of areas that
offer residential neighborhoods at a medium density."
B. .. .carefully control the types of housinq to
.nsure compatibility with existina houses."
C. Carefully protect these areas from uses ~hat may
not be fully compatible.
section 255-2: Intent and Obiectives Zoning "was adopted
with reasonable consideration, among other things, of the
existina character of the various areas within the Borough of
Carlisl. and their respective suitability to particular u.e.."
Section 255-8 Interoretation . . . . the provision.
of this chapter shall be interpreted as the minimwB requirements
for the promotion of health, safety, morals and general welfare.
Where this chapter conflicts with any rule, regulation or
ordinance, the greater restriction upon the use of building. or
premi......or upon requiring larger open spaces shall prevail,
regardless of it. source."
5. Approval would sanction turning alleys of the Borough into
.treet. for development requiring alteration of one good planning
requirement after another.
Whenever th.re i. an attempt to circumvent good plAnninq
techniques by forcing a development into a place wh.re
development was not intended, the planner is forced to start
altering other sound planning requirements and the Borouqh is
a.ked to grants changes where the ordinance and good planning
never intended that there be changes.
TBB PROTESTANTS ASK THE COUNCIL TO BOLD A PUBLIC IlBARING on this
i.sue becau.e ot the serious precedent that it would set in the
Borough for cramming buildings in alley lots without adequate
consideration for the existinq character of the community and
protection at our youth.
Sincerely yours,
John B. Broujo., for Protestant.
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DRAFT
PROTESTERS
Professor Paul &: Birsirta Angiolillo
76 E. Ridae Street
/7 ~ ~~
John &: Louise Broujos
78 E. RidBe Street
CostaS &: Mary COlnopoulos
635 S. Hanover Street
Cora Douglas
37 E. Ridlle Street
Lloyd &: Martha Heffelfinger
90 E. RidBe Street
JudBe Roben E. JlU:obs
45 E. RidBe Street
Harold &: lean Kretzill8
80 E. RidBe Street
Geraldine Loose
34 E. RidBe Street
/
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Raymond &: Barbara Wickard
10 E. Ridge Street
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John H. BrouJOI, Louise BrouJol.
Harold Krealn,. Jean Krealnl.
IDd Robert Lee .-obe
Appelllllll
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUN1Y, PENNSYLVANIA
NO, 9!1-4166 CIVIL TERM
v.
Cadl.le Boroulh COlUlcil
APPEAL FROM LAND USE
Appellee
MOTION FOR A STAY
AND NOW come Appellants 10hn H, Broujos, Louise Broujos, Harold Kretzing, lean
Kretzing, and Robert Lee lacobs through their attorney Broujos, Gilroy, & Houston, PC, in
accordance with Land Use Appeal proceedings under the Act of July 31, 1968, PL 80S, as
amended, 53 PS II003-A (d), and set forth the following:
1. Appellants have filed an appeal with the Court of Common Pleas, Cumberland County
in the above listed maller, requesting the Court to hold a hearing and to reverse the decision
of the Borough of Carlisle approving a preliminary plan of II developer,
2, Appellants request your Honorable Court to grant a stay of the action appealed from to
prevent finalllpproval and issuance of a building permit and to prevent the landowner, MIllY
Lou Robbins, and the develop~r Norman Elam, trading as Windsor Building Corp., from
August 4, i995
e lan~d unt~e ~peal has been finalized.
\ \
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proceeding to excavate, construct, or develop
Jo~n H, Broujos, Esq re
Bro\Qosj Gilroy, & Houston, PC
4 North Hanover Street
Carlisle, Pennsylvania 17013
7171243-4574 717/766-1690
FAXII 7111243-8227
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John H. BrouJo.. Louile BrouJo..
Hanld KRtdnl. oIeu KRlzlnl.
IlPCI Roben Lee .-obl
Appellull
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 9S.4166 CIVIL TERM
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v,
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':
Cadl.l. Boroulb Council
APPEAL FROM LAND USE
Appell..
CERTIFICATE m' SERVICE
I, John H, Broujos, Esquire, hereby certify that I have served a true and correct copy of the
foregoing Motion for Stay and Order 10 Show Cause at a hearing schedule for Monday,
August 14, 1995, at 2:30 p,m, in Courtroom No, 2 before the Honorable Edgar B. Bayley,
upon the following persons by hand delivery on August 8, 1995, to the following addresses:
Edward L, Schorpp, Esquire
Solicitor for Carlisle Borough Council
36 S, Hanover Street
Carlisle, PA 17013
Roger M, Morgenthal, Esquire
Counsel for Windsor Building (developer)
II E, High Street
Carlisle, PA 17013
AND ALSO upon Mary Lou Robbins by United States Mail, First Class, Postage Prepaid, on
August 8, 1995, to S2 E, Ridge Streel, Carlisle, PA 17013,
( \ )
''-~ 1'\(.,
~, Broujo~, Js;re
Attorney for APpJlants
BROUJOS, GILROY" HOUSTON, P.C,
4 North Hanover Street
Carlisle, Pennsylvania 17013
717/243.4S74
FAX #717/243.8227
22
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AND NOW, this q+L
A~\~-
, 1995, I, Roger M.
day of
Morgenthal, Esquire, of the law firm of FLOWER, MORGENTHAL, FLOWER & lINOSA V, Attorneys,
hereby certify that I served the within Notice of Intervention this day by depositing same in the
United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
John H, BrouJos, Esquire
BROUJOS, GILROY & HOUSTON, P,C.
4 North Hanover Street
Carlisle, PA 17013
ATTORNEY FOR APPELLANTS
Edward L. SChorpp, Esquire
as S. Hanover Street
Carlisle, PA 17013
ATTORNEY FOR APPELLEE
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
By
" l~fl11 lfivi-
Roger M, Morgenth'I, Esquire
10 II 17143
11 East High Street
Carlisle, PA 17013
(717) 243-5513
II
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John H. Broujol. Louise Broujol.
IIIrold Kntzloa. Jflln Kntdna.
IlIICI R.lbel1l.ee _obi
A ppellIRtI
IN TIlE COURT OF COMMON PLEAS or
CUMBERLAND (.'OUN1Y. PENNSYLVANIA
.
.
NO. 9S.4166 CIVIL TERM
v.
CIliI,le Borouah Council
APPEAL FROM LAND USE
Appellee
ORDER
AND NOW this
~~y of August, 1995, upon motion for a stay of the action by the
Carlisle Borough Council on the application of Norman Elam, T A Windsor Building Corp"
for development of the Cemetery Avenue plan, it is ordered and decreed that the action by the
Carlisle Borough Council is stayed. Carlisle Borough Council will take no funher action on
tinal approval or issuance of a building permit and the landowner Mary Lou Robbins and the
developer Norman Elam, trading as Windsor Building Corp" shall not proceed any further to
develop, construct, or oxcavate the land until final disposition of the appeal has been made.
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. BY THE COURT:
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John H. Bl1Iujol. Loulle BroujOI,
Harold Kntzlnl. .lelll Kntzinl,
...d Robert Lee _obi
A ppellanll
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
I'
,
NO. 9!l-4166 CIVIL TERM
Cllil.le BOl1lulh Council
APPEAL FROM LAND USE
~:
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v.
Appellee
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STIPULATION
AND NOW this
~ , t.!I. day of August, 1995, the below parties stipulate and consent to
entry of an order of stay of proceedings in accordance with the Act of July 31, 1968, PL
80S, as amended, S3 PS II003-A (d), copy of which order is attached hereto,
~yn IllLlJ,~'-v1r-
Roger M~o~:'hal, Attorney 'for Windsor Building
and Mary Lou Robbins, Landowner
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J~h~~';r~~j~s~~;r~~p;Jj~:s
Carlisle
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JOHN H. BROUJOS, LOUISE BROUJOS,
HAROLD KRETZING, JEAN KRETZ lNG,
and ROBERT LEE JACOBS
Appellants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 95-4166 CIVIL TERM
v,
CARLISLE BOROUGH COUNCIL
Appellee
APPEAL FROM LAND USE
NOTICE 0' fILING 0' RECORD
Pursuant to the Writ of Certiorari issued by the Cumberland
County prothonotary in the above referenced matter, the Appellee,
Carlisle Borough council, files the following record in connection
with these proceedings:
1. Plan application.
2. preliminary plan.
3. Written request for modification signed by Roger M.
Morgenthal, Esq., under date of May 10, 1995.
4. certified copy of minutes of the Carlisle Planning
Commission meeting of April 27, 1995.
5. Certified copy of the minutes of the Carlisle Borough
Council meeting of May 11, 1995.
6. Proof of publication of public notice of the public hearing
and special meeting held by Borough Council on July 5, 1995.
7. Applicant's (Intervenor's) Exhibit 1.
8. Applicant's (Intervenor's) Exhibit 2.
9. Protestants' (Appellants') Exhibits 1-11 (photographs).
10. Letter addressed to Carlisle Planning commission under
signature of John H. Broujos, Esq., dated April 26, 1995.
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Page 2
Mr. Brian M. Dennis
Borough of Carlisle
March 13. 1995
.-..
Should you have any questioDll concerning this project. please contact our ofBce.
Sincerely,
~s;.-?L~
Douglas S. Brehm, President
Statler-Brehm Associates, Inc.
DSB/pg
Enclosures
"
cc: Mike Adler
Roger Morganthal
Norm Elam
CD STAnER. BREHM ASSOCIATIS. INC.
.
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~~/ '~/q6
. Submtsslon Date
SUBDMSION AND LAND DEVELOPMENT
CBECKUSTFORPRELmuNARYPLATS
NAME OF PlAN: ~ll"',ul~~ Su"~III""""I.Glloll)~.,.fa:..Wi~.,t..b,.u..,.~~.
o Carlisle Borough AppUcatlOIl fee. (See attached schedule.)
o Submltted 20 days pnor to monthly Planning Comrru.sslon meeUng.
o Cumberland County Review Fee
The fee schedule for SubdIviSIon and Land Development Plats submItted for
Cumberland County Planning Commission ReView and Report action Is as
{ollows:
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Subdivision Bv-1&U
$70.00 base fee. plus
$ 2.00 per lot, first 25 lots, plus:
$ 1,00 per lot over 25 lots.
~!lldmttal Land Dt!Vf!IQDm~nt
$70.00 base fee. plus:
$ 2.00 per dwelling unit. first 25 dwelling ulUts. plus:
$ 1. 00 per dwelling ulUt over 25 dwel1.lng ulUts.
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Non.Restdenttal Land DeveIQoment
$70.00 base fee, plus:
$ 2.00 per acre (or fractlCln thereofl. Ilrst 10 acres. plus:
$ 1.00 per acre (or fraction thereofl. over 10 acres.
All fees are to be paid by check. made payable '0 the "Cumberland County
Planning Commission." (AppUcaUoD wW be submitted to the County by .
CUlllle)
o
One reproducible copy of plan or plat.
o 1\ve1ve copies of the plan.
!( indicate page slZe:~'X~
0( Scale not less than 100 feet per Ulch (50.feet per Inch recommended).
. Plan labeled PRELIMINARY PLAT,
18 Name or ntle of proposed Su bdlvlSlon/Land Development.
~ Date plan was prepared and dates ot subsequent reviSions.
/) North point and scale.
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LocaUon map covenng sutnc1ent area to establ1sh the locatIOn of the sUe WIthin
the Borough.
Name. address. signature md phone number of owner or app1lc:J.nt.
Names of owner.! of all abutt.tng unplotted land and names of aU abutting
subdMslons.
Name, address. phone number. signature and :seal of profesalOnaI engineer.
architect or land5cape arch1tect cert1fy1ng the plat and the professional land
surveyor cerufytng the accuracy of the plat per1meter swvey.
Track bounda.rles by beanng and dlstances. deed references according to records
of t.he Recorder of Deeds md prevtous subdlvlS10ns and land developments.
All ex1stlng propeny lines. eallelllents and rtght-oC-ways and the purpose for
which the eallements of nght-o{.ways have been established.
Zoning d1.sU1ct In which the propeny IS situated and zonlng of abuttlng
properties. Note zorung requ.trel1lents and aU var1ance or speclal e."ll:ept1ons
approved by the Zorung Hearing Board.
All exlIItlng streets on or adjacent to the tract, Induding name. rtght-of-way
width and pavement width.
All exlstlng buJIdlngs, ~ntt:..y and storm sewers, water malDS. culverts.
hydrants and other slgnlflcam m~nm~de features on or abutting the tract.
Water courses. marshes, rock OUtcropll. wooded areas and areas !mown to be
underUned with limestone.
Exlsung :md proposed contoun. at vertIa1 fntervaIs of two-feet (2'), Ilve-feet (5')
required wbere the aIope exceeds 15%. Unlesa plan IS for subdivisIOn purpoees
of adding or deleting property 11Des.
Total square (ootage and acreage of land. number and area of lots. area of right-
of.ways. etc. _
Location. WIdth and approximate grade of aU streets. rlght-of.ways and
easements.
Lot number, proposed lot lines. with appraxlmate dimensions of lot 1U1laS:
proposed minimum :setbaclr. l1nes (or each street and yard. recreatlon area.
pubik: bu1ldlngs. pubUc areas and parcels ollaDd. rlght-oC.ways. and eale"'~nts
proposed to be dedlcated or re5em!d (or public u:se.
LocatIOn of any exlSUIlg or proposed site IIlIprovements such all curb, sldewalks.
walkways. driveways. tIre bydrants. etc.
TypICal crou-sectlOl1 of streets. lDcluding a curb and centerline prollIe.
An IIIdlcaUon of the general w"tlnn 01 ellIItlng and proposed water maIDs.
SlIJI1tary sewen. electl1C. gas. telephone, cable TV. and stonnwater catcb bUlnS
and lines. etc.,lnC.Iudlng plans and prollles of aU water maJns, san1tary sewer
ma1na and storm sewers.
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Ceneral plans for collecUon. detention or retention of ronoft'surface _ter and
Its outfall. etc.
a
Data. lncluc1lng a water model, su1flc1ent Jp show adequate proviSions for
rellable. safe and adequate water supply(Lt:.'"T"7'ef.)
Approval blocks lntended to be signed by the appropriate olIlcers of the PiannInC
Commls81on. Borough Coundl. County P1annlDg Ct""mh'.,lon and thll Borough
Engineer.
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Sewer plan revt310n module for land devdopment If o.ece5SllIy.
o ~ Wherll appUcable. lnfonnaUon on potential for sinkholes and special
consauct1on procedures to be taken to prevent substdence.
o iliA Flood pla1n Jnformauon If necessary.
o We. EnVlronmentaltmpact study.
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Wherll appUcable, evidence that the Carllsle School DIstr1ct has been advUIed of
the proposed Subdlv1s1on/Land Development plan.
o WA Trallk: Impact study.
o WPr Staglq Information.
OtJ/A Copy of the PennDor hlgbway occupBIJCY perm1t appJ.....tf(l~. wbere reqWnld.
o Other material . please list.
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THlI CDCKLIaT JUS BDl'f AIIJIIlI:VIATID Al'fD DESIGDD fO AID TD
.unICAi'lT I1'f PUJ'AJlII'fO IIIS/DR M'LJCATIOIf. 11II:.APPUCAl'IT II
UnJIUD TO CJIAP1'I:Jl 228 IUBDIVISIOIf/LAlfD DEVJ:LOPKDT or 1111:
BOROUGS or CAllLISU'S CODE or OIlDIl'fAl'fCES rOR A LlSTIl'fO or AU.
ugtlIUD stIBIGTTALS.
LAW OfFICES
FLOWER, MORGENTHAL, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
11 EAST HIGH STREET
CARUSLE. PENNSYLVANIA 17013-3016
JAMES 0, PLOWER
ROOER M. MOROEmHAL
JAMES 0, fLOWER. JR.
l:.'ROL J, UNDSA Y
BlETSCII " MOROENlllAL
(Im-I9&l)
FLOWER. KRAMER.
MOROI!NI'HAL " PLOWER
(19&1-1991)
(TI7) 2UJm
PAX: (717) ~10
May 10, 1995
HAND DELIVERED
Members 01 Borough Council
Borough 01 Carlisle
53 West South Street
Carlisle, Pennsylvania 17013
RE: Preliminarv Subdivision/Land Develooment Plan Windsor BuildlnQ Comoanv
Gentlemen and Ladies:
I represent the applicant in the above-relerenced matter which is scheduled lor
consideration at your May 11, 1995 meeting.
The plan proposes the construction 01 eight (8) townhouses, to be sold to
individual purchasers in lee simple, on property currently owned by MIllY Lou Robbins.
We are requesting that Borough Council grant two modifications ot requirements
pursuant to section 226-14 01 the Subdivision and Land Development chapter ot the
Carlisle Borough Code.
The first modification requested Is from the requirement that the project be
accessed by a public street at least 50 teet wide. Because at the manner In which
surrounding property was developed, a maximum right-ol-way at 34 feet is all that is
available. At the time that the right-at-way was reserved by the property owner, the
Borough Code required only 33 teet, but that has since been amended to require the
greeter width. A cartway 01 ample width to serve this project can be constructed within
the existing limits. so that any traffic traveling to and from the proposed project could be
safely accommodated.
A decree awarding real estate dated January 11, 1972, and issued in the course
of the administration of the Estate 01 Evelyn N. Robbins, deceased, vested the subjeet
property in Francis W. Robbins, the current owner. A copy ot the decree awarding reel
estate, as recorded in Cumberland County Deed Book "L', Volume 24, Page 6S1, i.
attached hereto. Said decree grants a right-at-way as lollows:
Members of Borough Council
May 10, 1996
Page Two
"TOGETHER with a right-of-way over the Northern most twenty-two teet of the
premises known as 634 South Bedford Street described in Deed from FranCIS W.
Robbins, Administrator of the Estate of Evelyn N. Robbins, Deceased to Harold G.
Kretzlng and wife, dated March 25, 1971, which said twenty-two feet wide right-ot-
way together with the twelve feet wide public alley adjOining It on the North,
constitute a thirty four feet wide right-of-way and which 34 feet wide right-of-way
Francis W. Robbins, his heirs and assigns, shall have the right to dedicate as a
public right-of-way or street."
Mrs. Robbins, and any successors or assigns of her title to the premises, cannot
provide a right-of-way wider than 34 feet. At the interseetlon of Cemetery Avenue with
Bedford Street, the existing rigm-of-way is bordered by properties owned by Harold G.
Kretzlng, et. we. and Martha N. Heffelfinger, whose property lines define the edges of the
existing right-of-way. Dr. and Mrs. Kretzing purchased their property from the Estate of
Evelyn N. Robbins, deceased, by a Deed dated March 25, 1971, and recorded in Deed
Book "Z" , Volume 23, Page 934. That Deed, a copy of which is also attached hereto,
contains an express provision reserving the right-o~-way in a total width of 34 feet.
The second modification requested is from the requirement that curbing be
constructed on the Northern side of Cemetery Avenue. Because of the fact that
numerous garages located on that side of the street are placed at different elevations, it
would be difficult or impossible to construct a curb which would follow the elevations
necessary. Additionally, it is believed that storm water could pond on the properties
located on the North side of Cemetery Avenue. The applicant has discussed this matter
thoroughly with Borough staff, and it is believed that Borough staff agree that the
modification of this requirement would be appropriate.
The Robbins property is in an R-2 medium density residential district, and, in
accordance with Carlisle Borough Code seetlon 255-22 (B), single family semi-detached
dwellings such as are proposed by Windsor Development Corporation are a use
permitted by right. We submit that the project envisioned for the Robbins site is
compatible with the letter and the intent of the zoning ordinance, with the neighborhood
as it currently exists and fully appropriate to the tract in question. To prohibit this
development through the literal enforcement of the Borough Code as It now exists would
exact undue hardship upon both Mrs. Robbins and the developer because of the peculiar
conditions pertaining to the property, to wit: the inability to provide an additional rlght-of-
way width to meet current requirements; and the existing garages and differing elevations
along the North side of Cemetery Avenue. These modifications will not be contrary to the
publiC Interest, and they will not violate the purpose and intent of the other subdivision
and land development provisions of the Code.
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III U. I:ITAT. or I:V&LYIf
III T1IIl COUIIT or COMMON
,u:AI or CUIlIIlLAIfD COUIfT'l.
II. lIOaalNs, D8CIlAUD
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A"D NOW. tIl&. Utlt day of JuuUT. 1.12. .1 /O:u"o'el..lI. A- .....
PZIINSYLVAIlIA
OIlPIlAIfS' COUll,. DIVISIOIf,
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DECIIIlI: AWAIlDIIlO IUAL !STATE
E. So T.. II -"ae lIlat 1Il. Pint &ad Pia.' A.ow. ud Sob..l. of
1'...,...eeI DI.lribuUoa of V....I. W. lI.bbln. Adm.a1atnlO. of Ill. latata of
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wi.. Soulllltdl'ord SI.oct 18. ..hloll p.la. .t b'Cl1IIllIlC I. Ia Ill. iltulll.....d
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If'FOld O. KrOl".' oad ..II. Julo... .. '2 oad 40 .u.lll... Slrftt, ...PMtI..I7.
.d .baa ..1..1 01 be.IMln. l. a. lite Soudtwtltern ton,. 01 ,nail.' .own
.. 134 Soulllltdlord SI.... o......,td 10 Huold O. 1Cn1l1a,... wlI"lI7 dtccl
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boundod <lad d..erlbod .. toUow.~
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IIECrNNING It <Jo polnl I)" cho WOllom 11M ot SI.xIY (101 tOlt w1da $ol.llh IItdtord
SUDOl 11\ lIno 0' lone! (ormorly 01 Wlllla.. r. NObI.. now 0' toms,"y 01 Elwood M.
lank.: thonce by Illd Un, 01 tond .m)W or tomuwlv ot tlWO\'\CI MI. r.nkl. In /1
WI.cody dlracuon . dUtanCjl 01 On. Hundred Eleven (111) '.11. SeVlln (7) Inr:h.1
to I potnl In.. Un. whlen II the Southwlrd IXwnllon 01 IIn. dlvldlnt prope"I.'1 0'
A. C. BObla. fr. and Wl'lIond Or. Harold G. lCreelln9 OM wtrl known 1.12 Gnd 10
~Il fUdql SII'OIC. rl.peeU~ly: thlnce .Iont ~hl Sou:lh..rd eatenllon ot ..td
aivldlnq lina I" 4 Nortl\orly alr.euon 4 dllune. 01 One HunclI'ed rUly-.lx (151)
tCOI <1lonq Ilnd "taln" lay th. HI'r. of Evelyn H. RaDtUn., OIcMlld, (part 0'01.
IAlqor trQe~ 01 land 01 Whleh the wlUun conveyed prl",". w.... fom.rly I pen),
tQ .a pennl on tho Soulhom Un. 01 . fw.lw (UI fill wide public elllV: thone.
<llonq the SouUWlm hnl ot ..,d rw.lw U:U tlal wld. pubjla .1l.V &..1.twlrdly .
alllanco 01 On. ltundred tl.~n Clll) fMl, SoYan (7t Inchl' to. point on thl
WOllom IIno 01 .old SlXlY (SOl f.ol wldl SOU~b IIctfon;t, 5'11": thencl IIon9 laid
Wo"w.,d Une of Sixty (60J f..c wlo. SouCh I4dtord Slrulln I South,ray dlllclLan
· cH'lAncI ot One HundNd Fifty..... nUl 'Ill to I POlnl In IIn. 01 lend now 0'
formorly 01 Elwood M.. l.nk.. the plac. 01 SroIHNING.
CONTAINING 0.. "._ Fllty-.IX (1511 '"' In tnlnl .10"" ..... W....m IIn.
01 Suny IlOIlo.. Will. :loo.h _'on! 5...... lad ....ndln; W........IV tII.nll...".
411 on Glyon wldth. dlllancl of On. Huncirld Eleven (111) '''I. Seven'f1I Inchll,
4ne! h4VUIq thofllOft 'NCted . two .tory Ita... dweUlnq bou.. Iuarm II lAd numbered
U4 Soulh hcUord S""I~
EXCEPTING end ntMMnq t "."rUI...... to the HI'n 01 Eve!yn N. ~bbln..
Cae...ad. thllr h.l,. .nd asIl4n" I n9hl--of....v 0'4' th. Nonb.m raOIl 'tWInly.
two (:12) 'nc ~ th. wlthtn con....,.. prwmll.' _tUCA MI4 TwlntY""'CWO (22) fl.. Wl".
r'qhl"'OI-way toq.cn., WKh thl 1"\ftlve (l:lU ,.., wtd. pubUo IU." ."101n1n9 II on.
the Nonh CO.IUlul. . thirty-four 1341 f..c wtdai I1qh'",of......, uo wtuca Thlrt.,-,ow
(34) 'eel wldl rt4hl"",'-wIY the H.ir. of Eveiyn H. RDbtttn., OIeu'lcI. IntI'lb.11
hltts Inci I..,qnl. 'hall!\aft the rlQhl 10 dldlca.. I' I PUbUG rl9b1-of1'" 01
In.l.
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SliNG. _ 01 '110 ",","II.. whloh Ro_ /. F_n.nd WIlt, by 4."
do." April!'. 1131 .lId -.nIocIln tII. 01110... tII. _r 01 DNd. lII.nd
fot Cumberland Counlv It ClrU'!I. Pann.y....Ilia. I. DHd look -1-, \101. 10. pa"
III. 9ro.1I4.nd c:onwyod 10 Fronoll/. _........ Cwlvn N. _1.0, ......nd
Ind wlf.. TIIo ..'d Fro.GII/. RMIII.. 110_ cUed Oft "_r II. IUJ, UU.1O
"ld P.....I... rwaalAlldi ""lId bY' Q""IUon o.zaw 101111, In hll '~YI", lfOU'.,
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CERTIFICA TION/ ATTEST A TION
I, Lucretia A. Hefnefinger, Recording Secretary of the Borough of Carlisle Planning
Commission do hereby certify and attest that the attached is a true and correct copy of
the minutes of the Carlisle Borough Planning Commission meeting of April 27, 1995,
which were adopted by the Carlisle Borough Planning Commission on May 25, 1995.
,
)'t ~ r '
, {I If 0..,.
, Lucretia A. Hefnefi
Recording Secretary
l.di11~"
::Tf L.....
er
August 18, 1995
,I
!
,
PLANNING and ZO!.NG COMMISSION
CARLISLE, PENNSYL VANIA
BOROUGH HALL
CARLISLE
PENNSYLVANIA 17013
MINUTES
Planning 'Inti Zoning Commission
Meeting held on Thursday, April 27, 1995
Members Attending: Ron Simons, Vice Chainnan, Ethel Carryer, Harry Herb, Timothy Hoy
and Dennis Lebo,
Borough Officials Attending: Brian Dennis, Planning/Zoning/Code Manager, and Michael
Keiser, Public Works.
The meeting was called to order at 5: \5 pm by Vice Chairman Simons, The minutes for the
meeting held March 23, \995, were unanimously approved on motion by Ms, Carryer and
second by Mr. Herb,
Items Pendinlllhe Planninll Commission's Review
';1;"
\, The Planning commission considered a final minor subdivision plan submitted by
General Mills for its propeny on Shearer Drive,
Pam Fisher of Fisher, Mowery and Rosendale, representing General Mills, explained that the
plan shows the subdivision of 1.0352 acres from the General Mills propeny to be sold to Allen
Distribution, the owner of the abuning propeny, Allen Distribution is purchasing this piece of
property to provide additional area for access to the site, The plan meets all requirements of
the Zoning Ordinance,
Conclusion: The Planning Commission, upon motion by Harry Herb and second by Timothy
Hoy, unanimously voted to recommend approval of this final minor subdivision plan by
Borough Council,
2, The Planning Commission considered a final minor land development plan submitted
by Masland Industries for the construction of an addition to Building No. I at 50 Spring
Road,
Pam Fisher of Fisher, Mowery and Rosendale. representing Masland Industries, explained that
Masland Industries is proposing to construct a 565 square foot addition to meet the ADA
requirements to its Carlisle Spring Road Building No, \, The improvement will be located on
the north side of the existing facility. It will house elevator and stair towers and a lobby, The
site currently exceeds the allowable maximum building and impervious area coverages
established by the Zoning Ordinance. The proposed expansion will result in a further increase
in these coverages, At its meeting on April 6, 1995, the Borough Zoning Hearing Board
voted to authorize the necessary variallces to allow these increases,
Pursuant to Section 226-\7 of the Subdivision and land Development Ordinance, Masland
has requested a waiver to the requirement to submit a preliminary plan. As authorized by this
section, the Borough Manager has approved this request. The submission meets the
requirements for consideration as a final minor land development.
Pam Fisher. representing the applicant, stated that the applicant agrees with the conditions
recommended by staff. which are as follows:
\, Pursuant to Section 226-19 (A-\) of the Subdivision and land Development Ordinance.
the scale of each drawing shall be shown on the plan,
2. Pursuant to Section 226-\9 (A-IS) of the Subdivision and land Development Ordinance.
the total square footage of the building addition shall be shown on the plan,
3, Pursuant to Section 226-21 (A-I3) of the Subdivision and land Development Ordinance.
the building setback for the new addition shall be shown on the plan,
4, Pursuant to Section 226-19 (A-IO) of the Subdivision and land Development Ordinance,
the date of the decision of the Zoning Hearing Board authorizing variances to Sections 255-92
(A-6) and 255-92 (A- 7) of the Zoning Ordinance shall be shown on the plan,
Conclusion: The Planning Commission. upon motion by Harry Herb and second by Timothy
Hoy. unanimously voted to recommend approval of this final minor land development plan by
Borough Council. subject to the conditions recommended by staff
3. The Planning Commission considered a preliminary subdivision and land development
plan for the Robbins Property Development submitted by the Windsor Building Corporation,
The plan subdivides the \,\ acre tract into eight (8) lots. upon which eight (8) single-family
semi-detached dwelling units will be constructed, The average size of each lot is 5,895 square
feet. Access to the dwellings will be provided from Cemetery Avenue. which is proposed to
be improved with a twenty-two (22) foot wide cartway, with an eight (8) inch wide concrete
curb on the south side, A four (4) foot wide tree lawn and four (4) foot wide sidewalk are
also proposed for the south side of Cemetery Avenue. Each dwelling unit will have a
driveway providing two (2) off-street parking spaces and a two car garage,
Under Section 226-23 (C-I) of the Subdivision and land Development Ordinance. design for
new local streets requires a minimum right-of-way width of fifty (50) feet. The existing right.
of . way abutting the Robbins tract currently consists of thirty-four (34) feet. This right-of.way
was created prior to the establishment of the current subdivision and land development
requirements, Accordingly, the applicant is seeking a waiver 10 the fifty (50) feet right-of-way
requirement, In addition, the applicant is seeking a waiver to the requirement of in sIal ling
curbing and sidewalk on the north side of Cemetery Avenue, This is the rear side of eight (8)
4/27/9~ Planrung Commission Minutes
Pale 2
not be utilized by the residents on E, Ridge Street and additional curbing could create a
stormwater problem, All other public improvements will meet established zoning, subdivision
and land development, and public works specifications.
Roger Morgenthal, representing the applicant, stated the applicant is in receipt of staffs
recommended conditions and will address the conditions as pan of the final plan,
These conditions are:
1. Pursuant to Section 226-29 of the Subdivision and Land Development Ordinance,
appropriate street trees shall be planted at intervals of not less than thiny (30) feet nor greater
than fifty (50) feet within a tree lawn ofa minimum width of four (4) feet. The plan currently
depicts six (6) street trees. With the current spacing, two (2) additional trees are required to
meet this standard, Such trees shall be shown on the final plan,
2, Pursuant to Section 226-21 (B-1 I ) of the Subdivision and Land Development Ordinance,
the developer must agree to cmter into a development agreement and provide the financial
security required to guarantee the construction of all public improvements proposed for the
land development.
3, Pursuant to Section 226-31 (B-2) of the Subdivision and Land Development Ordinance,
ten percent (10%) of the total tract shown on the plan, or 0,11 acres shall be dedicated to the
Borough for public recreational purposes. Such :and must meet the recreation area location
.,.. criteria established in Section 226-31 (C) and shall be shown on the final plan, In-lieu thereof,
the Borough may, upon agreement by the applicant as established in Section 226.31 (E),
accept the construction of recreation facilities, the payment offees in-lieu thereof, the private
reservation of land for recreational purposes, or a combination of the foregoing, Upon such
agreement, the fee to be paid in-lieu of the required dedication ofland shall be SI,IOO (i.e"
calculated at the rate ofSIO,OOO per acre for each acre ofland required to be dedicated).
4, Pursuant to Borough Public Works Standard Specifications, curb and sidewalks shall be
designed to pass stormwater beneath the sidewalk rather than over the sidewalk, Such design
shall be shown on the final plan,
5, Pursuant to Section 226-19 (J-3) of the Subdivision and Land Development Ordinance, the
proposed text of the instrument creating the proposed utility easements shall be submitted for
rolview and approval by the Borough Solicitor. Such instruments shall be recorded prior to
recording the final plan, In addition. a nole shall be placed on the final plan stating that the
proposed sanitary sewer system located upstream from proposed mllll hole J03-A shall be
privately owned and maintained,
6, Pursuant to Section 226-19 (A-19) of the Subdivision and Land Development Ordinance,
all water and sanitary sewer service laterals shall t-e completely shown on the final plan,
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Pap)
7, Pursuant to Section 226-19 (A-I?) of the Subdivision and Land Development Ordinance,
stop signs and street name signs meeting Borough Public Works Standard Specifications shall
be shown at all intersections on the final plan,
8, Pursuant to Section 226-19 (A-I?) of the Subdivision and Land Development Ordinance,
streetlighting meeting the requirements of Section 226-23 (L) ofthe Subdivision and Land
Development Ordinance shall be shown on the final plan,
Mr, Morgenthal further stated that the applicant met with the neighbors and discussed the
project to see if any common-ground could be reached to try to make the development more
acceptable to the neighbors, Mr, Morgenthal presented a sketch plan to show the placement
of the garages and houses on the property and how they would appear. once constructed, Mr,
Broujos faxed a letter to Mr, Morgenthal stating he and his neighbors were opposed to the
entire plan, Mr, Morgenthal stated the proposed project is pennitted under the zoning
ordinance, is less dense than what is pennilled under the ordinances, and meets the
requirements established by the Zoning and SubdivisionlLand Development Ordinances, with
the exception of the width of the roadway, The Planning Commission previously voted to
grant a waiver to this requirement.
Mr, Herb asked if the applicant would consider placing screening along the rear of the project,
The applicant would be more than willing to consider placing screening on the final plan,
.:.....,
John Broujos stated that at the meeting betw~en the neighbors and the applicant, he asked if
the applicant would consider fewer units, The applicant said no and therefore Mr, Broujos
felt it closed the doors as far. as they were concerned, Mr, Broujos stated they would accept
screening,
Mr, Broujos expressed concems over the reduction of the required right-of-way width to 34
feet, the absence of sidewalk along the nonh side of Cemetery Avenue, and the improvement
of an alley to a street.
Mr, Simons stated that it is not the responsibility of the developer to place sidewalk along the
opposite side of the street. It would be the responsibility of the property owners on that side
to install the sidewalk,
Mr, Broujos expressed concem about the portion of the alley which runs north and south,
This alley is narrow -- approximately 12 feet wide -- and suggested this alley be changed to
one way, Mr, Morgenthal stated that he contacted several neighbors regarding this change
and the neighbors did not want a one-way alley.
Mr, Broujos does not feel the proposed development meets the intent of the ordinance, The
density of the housing, in his opinion. is not compatible with the surrounding dwellings,
4127/9' Planning CommissIon Minutes
Page 4
Mr. Simons asked if any neighbors were in favol' of this plan. Mr. Brehm and Mrs. Robbins
approve of this plan as submined. Mr. Brehm is a neighbor and the planner tor the plan. Mrs.
Robbins is the current owner of the subject propeny.
Mr. Morgenthal reiterated that the density of this project is less than what is permitted by the
ordinance. The applicant feels this project could not be reduced any funher beyond the eight
units proposed. Mr. Morgenthal agreed with Mr. Simons that the applicant is not required to
install sidewalks on property outside of the development.
Mr. Keiser stated that the ponion of the alley which runs east and west will be sufficient
enough to accommodate two-way traffic. The ponion of the alley which runs north and south
will encounter passing problemJ between cars because it is not sufficient enough to
accommodate two cars. One car will have to yield to another oncoming car.
",~.'
Mr. Lebo asked Mr. Keiser if there is a need for one way traffic on this alley. Mr. Keiser
stated that he reviewed the ITE trip generation ligures for various types of development in
this area. The l10wer shop that was previously located on this property, according to the ITE,
would generate 106 trips per day. The existing residential properties in the area using
Cemetery Avenue generate approximately 96 trips per day The new eight unit development
would create 47 trips per day for an overall total of approximately 143 trips per day. This
figure is well below the total number of trips generated when the flower shop was in
operation. Mr. Keiser stated that even though there may be an occasional conflict between
vehicles on Cemetery Avenue running nonh and south, this will not be a major problem.
However, if the Planning Commission desires the added safety of a one-way street, it is the
recommendation of staff that Cemetery Avenue be designated as one-way from Ridge Street
to Bedford Street, excepting the north-south section of Cemetery Avenue that dead ends
below the east-west section, which should remain open to two-way traffic. If a one-way
street is established, on-street parking could be allowed on the south side of Cemetery Avenue
along the new duplex housing units.
Conclusion: The Planning Commission, upon motion by Harry Herb and second by Timothy
Hoy, voted to recommend approval of this plan by Borough Council, subject to the conditions
recommended by staff. The mol ion passed on a three to one vote. Mr. Simons voted to
against the motion.
4. The Planning Commission considered a report concerning possible amendments to the
Zoning Ordinance to effect several changes in the administration of signs in the Borough.
SincClthe spring of 1993, the Planning Commission, the Chamber of Commerce, the
Downtown Carlisle Association (DCA), and the Historical and Architectural Review Board
(HARD) have been discussing several changes to the sign regulations administered by the
Borough. These regulations are primarily included in Article XXII of the Zoning Ordinance.
The committee of Chamber, DCA, and HARB representatives met on February 7 and March
13, 1995, to finalize recommendations for consideration by the Planning Commission and
Borough Council. The report rel1ects these recommendations.
4/27/9' Planning CommIssion Minutes
Pap'
The Planning Commission took the following action on the recommendations contained in the
report :
I. SIGN ORDINANCES. On motion by Mr. Hoy and st'cond by Mr. Herb, the Planning
Commission unanimously voted to recommend that Chapter 203 of the Code of the
Borough of Carlisle be repealed in its entirety. Chapters 203 and 255 of the Code of the
Borough of Carlisle both regulate signs. Chapter 203 was adopted as Ordinance No. 1506,
which was approved 3-13-69 Chapter 255 is the Borough Zoning Ordinance adopted as
Ordinance No. 1600, which was approved 9-22-88. Article XXII, to include Sections 255-
195 through 255-211, of the Zoning Ordinance specifically pertains to signs. Section 255-
207 of the Zoning Ordinance establishes that, the adoption of the Zoning Ordinance in 1988
did not repeal the Chapter 203 Sign Ordinance. Accordingly, signs are regulated equally by
both ordinances. However, there are some discrepancies between the two ordinances.
Furthermore, the Zoning Ordinance provides a much more comprehensive set of regulations
than the Chapter 203 Sign Ordinance. Section 255-207 should be amended to reflect this.
'.1.'
2. DEFINITION OF A SIGN. On motion by Mr. Hoy and second Ms. Carryer, the
Planning Commission voted 3-2 to amend the definition of a sign to include interior signs
that are not attached to permanent interior walls and are clearly visible from a public right-
of-way. Section 255-196 (A), which establishes the applicability of the Sign Ordinance,
should be amended to state that any sign meeting the definition of a sign included in Section
255-12 shall be subject to these regulations. The definition should further be amended to
eliminate paragraph D, which exempts signs erected by public officials. Mr. Lebo and Mr.
Herb voted against this motion.
The Planning Commission had previously recommended a policy that exempted all interior
signs from the sign regulations. The Chamber, DCA, and HARD recommended that the
pelicy retain some control over interior signs placed in windows and window display areas.
Bob Davis, representing the HARB, and Karen Shughart, representing the Chamber of
Commerce, argued a need to retain control over window signs and to not allow merchants
to circumvent the sign regulations by placing permanent signs in storefront windows without
a permit, particularly in the Historic District. Mr. Lebo and Mr. Herb argued interior signs
should not be subject to the regulations, except to prohibit words or images that are
obscene, pornographic, or are highly offensive to public decency
3. NAMEPLATE SIGNS. On motion by Mr. Hoy and second by Mr. Herb, the Planning
Commission unanimously voted to recommend that Section 255-196 (B) be amended to
establish that all nameplate signs, memorial plaques, and historical tablets that do not exceed
one (I) square foot in area and include no commercial advertising be exempt from the sign
regulations. This will allow various types ofnameplnte signs (e.g., those indicating the
name or address of an occupant, the year of construction of a building, or memorial
plaqueslhistorical tablets erected by non-governmental bodies) to be erected without a
permit.
4/27/9' Planning Commission Minules
Pap 6
~. ''''.
4. TEMPORARY SIGNS. On motion by Mr. Hoy and second by Mr. Herb, the Plarming
Commission unanimously voted to recommend that Section 255-195 (H) be anlended to
classify a temporary sign as any sign erected on a propeny for a limited time that advertises
a limited-time event, sale, offer, activity, or the like at a location and that Section 255-199
(B-5) be amended to allow the display of temporary signs, provided that no temporary sign
shall be maintained for a period in excess oflhirty (30) days. In addition, no exterior sign
should be considered a temporary sign, except as may be expressly authorized by another
section of the ordinance. Mr. Lebo initially asked if this section could be consolidated with
the section discussed under issue #8 below. Mr. Dennis informed that Commission that
Section 255-195 deals with signs in commercial and industrial districts, while the other
ser.tion deals with signs in residential and institutional districts. The section for commercial
signs currently provides no regulations for this type of sign, except to state that they do not
require a permit, pursuant to Section 255-199 (B-5).
5. BANNERS AND FLAGS. On motion by Mr. Hoyand second by Mr. Herb, the
Planning Commission voted 3-1 to recommend that Section 255-197 (D) be amended to
establish that pennants, spinners, streamers or any moving object used for commercial
advertising purposes, excluding banners and l1ags when authorized under other sections of
the sign ordinance, are prohibited. Mr. Lebo voted against the motion and argued that the
section should be eliminated in its entirety to allow banners, flags, pennants, spinners,
streamers, and other moving objects without regulation, except when they encroach into a
public right-of-way.
';::.
6. OUTLINING OF ROOFl.INES, DOORS, WINDOWS, OR WALL EDGES WITH
NEON LIGHT TUBING FOR ADVERTISING PURPOSES. On motion by Mr. Hoy and
second by Mr. Herb, the Planning Commission unanimously voted to recommend that
Section 255-197 (H) of the Zoning Ordinance, which identifies "the outlining of the
rooflines, doors, windows, or wall edges by illuminated neon light tubing for advertising
purposes" as being prohibited, be eliminated.
7. SIGNS ON PUBLIC PROPERTY, TREES, UTILITY POLES, ROCKS, OR OTHER
NATURAL OBJECTS. On motion by Mr. Hoy and second by Mr. Herb, the Planning
Commission unanimously voted to recommend that Section 255-197 be amended to prohibit
signs on public property or public right-of-ways, unless erected by a governmental body. or
unless required to be so located by order of a govemmental body. In addition, permanent
signs painted on, attached to, or supponed by a tree, utility pole, stone, cliff, or other
natural object should also be prohibited.
8. SPECIAL EVENTS SIGNS. On motion by Mr. Lebo and second by Mr. Herb, the
Planning Commission unanimously voted to recommend that Section 255-198 (H), which
allows temporary signs advertising fairs, social events, auction sales, and the like, be
amended to allow one (1) special event sign that does not exceed thirty-two (32) square feet
on each ofiu two (2) sides to be erected for each one-hundred linear (100) feet of lot
frontage. Such signs may be erected no earlier than twenty (20) days prior to the event,
must be removed within ten (10) days following the eveut, and in no instance shall be
4127/9' Planning Commission Minutes
Pap 7
Sl
maintained for a period of time in ~~cess of thirty (30) days. No sign permit or bond should
be required.
9. FLAGS. On motion by Mr. Hoyand second by Mr. Herb, the Planning Commission
unanimously voted to recommend that Section 255-199 (8) be amended to permit flags with
commercial advertising when accessory to a permitted business or commercial establishment
sign, subject to the following restrictions:
( I) are clearly accessory to a permil1ed business or commercial establishment sign;
(2) are limited to one (1) flag per business establishment;
(3) are no larger than three (3) feet by five (5) feet and in good condition;
(4) are displayed only during business hours;
(5) are insened in a wall mount, with the bottom of the flag a minimum of seven (7) feet
above the sidewalk; and
(6) do not project greater than six (6) feet over the public right-of-way.
No permit should be required to erect an accessory l1ag. Commercial flags may not be
permitted to be displayed using existing sidewalk receptacles, which are public facilities
reserved for public purposes. The ordinance currently makes no provision for this type of
sign.
"III\W'
10. BUSINESS AND COMMERCIAL ESTABLISHMENT SIGNS. On motion by Mr.
Hoy and second by Mr. Herb, the Planning Commission unanimously voted to recommend
that Sections 255-199 (B-2), (B-3), and (8-4) be amended to establish one section that
regulates the placement of signs on the front, side, or rear of commercial buildings. This
section should state that one (I) or more signs may be attached to or mounted on a building
front, sides, or rear, provided that the total area of such sign or signs does not exceed one
( I) square toot for each one (I ) linear foot of the building front, sides, or rear upon which
the signs are erected, except that no building shall be limited to less than thirty-five (35) feet
in total sign area. In addition, the total sign area on each building front, side, or rear shall
not exceed fifteen (15) percent of the area of the building face upon which the signs are
mounted. This is a cClDsolidation of e~isting regulations.
11. SANDWICH BOARD SIGNS. On motion by Mr. Hoyand second by Mr. Herb, the
Planning Commission unanimously voted to recommend that a sandwich sign be defined in
Section 255-12 as a free standing sign containing two faces thaI are attached at the top and
open at the bottom so as to allow the sign to stand without a pole or other base and that
Section 255-199 (8) be amended to permit sandwich board signs when accessory to a
permitted business or commercial establishment sign, 9ubject 10 the following restrictions:
(I) are clearly accessory to a p.lrmitted business or commercial establishment sign;
(2) are limited to one (1) sandwich board sign per business establishment;
(3) are not more than two (2) feet by three (3) feet on each face of the sign;
(4) are displayed only during business hours; and
(5) are placed on private property or on the public sidewalk, provided that they do not
protrude more than three (3) feet from the building line of the merchant's premises and
allow for a minimum of five (S) feet of sidewalk to be available for pedestrian traffic.
411719' PllIIlIUDg Commisaion Minutes
PapS
No permit should be required 10 erect an accessory sandwich board sign. The ordinance
currently makes no provision lor this type of sign.
12. SHOPPING CENTER SIGNS. On motion by Mr Hoy and second by Mr. Herb, the
Planning Commission unanimously voted to recommend that a shopping center be defined in
Section 255-12 as a tract ofland controlled by a single landowner and developed u a single
entity for a number of comm~rcial establishments and Section 255.199 (C) be amended to
allow a free-standing shopping center sign for each street frontage provided that none of the
establishments within the shopping center will be permilled to erect an individual free-
standing sign. Furthermore, the section should be amended to allow a group sign for
shopping centers with fewer than ten (10) independent establishments.
13. GARAGE SALE SIGNS. On motion by Mr. Hoyand second by Mr. Lebo, the
Planning Commission unanimously voted to recommend that no changes be made to the
regulations for garage sale signs. Staff had recommended that Section 255.201 (D) be
amended to require that garage sale signs may only be erected on the premise at which the
sale is being conducted. The Planning Commission felt that this was unnecessary.
".....-.
14. OVERHANGING SIGNS. On motion by Mr. Hoyand second by Mr. Herb, the
Planning Commission unanimously voted to recommend that Section 255-199 (B-6) be
amended to establish the maximum sign area for overhanging signs as six (6) square feet on
each of its two (2) sides, to allow one (I) overhanging sign per business, rather than per lot,
and to eliminate the requirement that overhanging signs be constructed entirely of wood.
The area of the overhanging sign will be included in the calculation of the maximum area of
signage allowed under policy issue number 10 ibove.
15. SIGN PERMITS. On motion by Mr. Hoy and second by Mr. Herb, the Planning
Commission unanimously voted to recommend that Section 255-203 be amended to exempt
temporary signs (issue #4 above), accessory flags (issue #9 above), no-trespassing signs
(~255-198C), directional signs (~255-198D), contractor's signs (~25S-198G), and
temporary special events signs (~255.198H) from requiring a permit. This section should
also be amended to state that fees for permits are established by Section 120-7 of the Code
of the Borough of Carlisle. Currently, the section states that fees are established by
resolution of Council, which is incorrect The ordinance is currently written to require sifll
permits for real estate signs, no-trespassing signs, directional signs, contractor's signs, and
temporary special events signs.
16. VARIANCES. On motion by Mr. Hoy and second by Mr Herb. the Planning
Commission unanimously voted to recommend that Section 255-208 (C), which requires
that the Planning Commission be provided with an opportunity to provide an advisory
review prior to any granting of a variance a sign by the Zoning Hearing Board, be
eliminated. This will more clearly establish the independent authority of the Zoning Hearing
Board to issue variances.
4127/9' Planning Commission Minulc.\
PallC9
.....,
-
CERTIFICATION/ATTESTATION
I, Julie D. Lay, Borough Secretary of the Borough of Carlisle do hereby
certifY and attest that the attached are true and correct copies of the
following minutes:
1. Carlisle Borough Council meeting of May 11,1995, which were adopted by
Carlisle Borough Couneil on June 8, 1995;
2. Public hearing held by the Carlisle Borough Council on July 5, 1995,
which were adopted by Carlisle Borough Council on August 10, 1995; 8.nd
3. Special meeting of the Carlisle Borough Council on July 5, 1995, which
were adopted by Carlisle Borough Council on August 10, 1995.
pieD. Lay
\ orough Secretary
August 18, 1995
(Seal)
f ~
,
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141
.
OOIINQJilIE~
.'
CARLISLE BOROUGH COUNCIL MEETING
May 11, 1995
President Duncan called the meeting [0 ordl:r at 6:30 PM. C'.ouncilmember Owens led the
invoc:u:ion and pledge of allegiance [() the flag.
After a roll call by the SecrelllrY, the following Counci1members were present: D\IIlc:u1, Chenok.
Ocker. Spitz, and Owens. Also prese:lt wen:: Mayor Wilson, Solicitor Schoepp, Manager Bean.
Assistant Manager HielSCh, Parks and Recreation Director DiNunzio, Public Worla Dim:tor
Keiser, Planning/Zoning/Codes Manager Dennis. FIre Chief Boyles and SecrelllrY Lay.
p,.~id@nt''J R@oort and R@cognition 0' M@mhers
A motion was made to appoint Richard Ocker as a voting delegate at [he 96th Annual Pennsylvania
League of Cities and Municipalities Conference which will be held on June 23, 1995 in Re:1ding,
Pennsylvania. OwenslChertolc. All aye vote.
A motion was made to appoint Robert Owens as an alternate voting delegate at the 96th Annual
Pennsylvania League of Cities and Municipalities Conference which will be held on June 23, 1995
in RC3ding, PeMsylvania. Ocker/Chenolc. All aye vote.
Ms. Chenok informed Council that the Institutional Committee is currently working on twO issues.
The first is to work with Diclcinson College and try to find a solution [() the off campus studentS
disturbing the residents in the area of the College. The second is [() teqllC$t from !be C1rlisle
Hospital updateS on their contributions to charilllble organizations during the year of 1994 and so
far in 1995. Ms. CheIlOk stated that the commiu.ce will be giving Council a repon of their findings
in June.
Mr. Spitz stated that he has noticed car1lHtlor~ currently running for Council have made statt:metltS
regarding certain issues that they want to implement if they are elected. He explained that in !be
past most of these issues were tried but failed. He wished the candidates would have shown their
suppon when the issues were being considmd by Council.
Mr. Ocker introduced a scout group that is sponsored by the Wagner United Methodist ChIll'CIL
The group is working for their Eagles badge and they :ue mluired to aaend a Council meeting and
to write a leac:r 11) an elected official.
Mavor'~ R.nnrt
Mayor Wilson informed Council that the 1995 fireworks display for the 4th of July will be
sponsored by the Fraternal Otder of Eagles. The firewOIts will be held at the Carlis.le Higb School
Swdium.
Mayor WIlson presented the Carlisle Exchange Club with a proclam!lrinll establishing Apri129tb as
Arbor Day.
Sch.@dul@d Sn~!lken
The Exchange Cub pnlsented the Borough with a $250 check in honor of Arbor Day. This money
will be Wlcd to plant treeS in the Borough.
Council Minutes
2
May II, 1995
142
Roben Davis pn:scnted five Historic31 and ArchileaumI Review Board awards for rhe year of
1994. A copy of Mr. Davi.$' pn:senllltion is:1ltlCl1ed.
John Morefield, pn:sident of the Clrlisle Regional Performing Arts CenlCr (Theater), requested that
the Borough submit a grant O1pplication througb the DCA's Downtown Pennsylvanill program on
the The:uer's behalf. A copy of ~Ir. Morefield'~ presenllltion is anacbed. If the funds are found to
be spent for ineligible purposes. then the Theater would n:imburse the Borough f(l' :lilY expenses
this cre:lted. Mr. Spitz asked if the The:ucr is self-sustained and if the complete make.up of the
c.utisle n:siden13 are involved. Ms. Che:nok asked if the The:llCr was privately owned. Mr.
Morefield slllted thal is a non-profit orgnni7.riQn and has a Board made up of 21 members. which
are all owners of the ThellUlr.
President Duncan expla.ined that 3 public he3ring is requin:d befon: submission of the grant. A
lIlOtion was made to hold a public he3ring to receive public comment and alOI'e infomwion on the
grant submission for the Carlisle Regional Performing Arts CenlCr (The:llCr). Owens/Oem. All
aye vote.
Con!'il@nt .\.efndn
Mr. Ocker made a motion to approve the consent agenda. Mr. Owens seconded thc lIlOtion. All
aye VOle. The Consent Agenda conClined the following:
Public hearing minutCS of AprillO, 1995, Agenda Session minuteS of April 10, 199', and the
minuteS of the n:gular business meeting of April 13, 199'.
Attendance approvals to include:
Finance Director to attend Government rUWICe Officers Association (GFOA) annual
c:onfenmce at Baltimon:. Maryland. June 1().14. 199'.
PenonneURisk Managcr [0 attend the Harrisburg Chapter Intcmational Personnel
Management Association Spring Confcn:m:e at Mcchanicsburg on May IS. 1995.
Mayor WtIson. Councilman Owens, Councilman Ocker and Manager Bem to attend the
PLCM 96th Annual Convention at Rc:Iding. Pennsylvania from JWlc 2151 to June 24th.
Approval of Bills and InveSlDlent Transactions to include:
AS OF APRD.. 30, 1995
Gener3l Fund......... ............. ....... ................. .$382.669.80
WIller Fund................... ................................432,508.77
Sewer Fund .................................................. 175.702.72
Se1f-lnsurance Fund ............ ............... ........... ........221.33
P:lrking Fund .......... ........... ......................... ....13,520.27
Highway Aid Fund...................................................O
The HisUlric3l Archilectural Review Bolltd n:femls to include the following:
I. A requcst was submitted by auistopher Bec1ccr for the propeny siawed al 2 SoUlh
Hanover Srn:et to en:ct rempaary signage. The three (3) square fooc round wooden silD
will be placed above the enuance dDa'. The silD identifies Cbristopher's GoumICt Coffee
&: Te:L II is yellow with blue lettering. The sign will be mainClined f(l' a period of sixty
(60) days.
COWlcil MinUleS
3
May 11, I99S
143
2. A request was submitted by Dickinson College for th~ ~perty ~~ aI ~ I North
College SlteCllO repair the roof and gult1:IS on the building. This 15 an m-kind
replacement.
3. A request was submitted by Dickinson College for the Tome Building situated on Louther
5a=t to repair the gutters and roof valleys on the building. This is an in-kind replacement.
4. A request was submitted by Dickinson College for the property situated aI 32 South West
Street to repair the soffit and roof on the building. This is an in-kind replacement.
5. A request was submitted by Dickinson College for the property situated at 159 West High
Street 10 replace the slate roof on the building. This is an in-kind replacement.
6. A request was submitted by Dickinson College for the property situated aI 201 West High
Street to replace the copper downspouting on ll}e b.lilding. This is an in-kind replacement.
7. A request was submitted by Michael & l.avon Noggle for the property situated aI 10 West
Pol1Uiet Street to t':I'CIC~ sign age. The wood sign with routed edges will nave dimensions of
22" by 2S". It will Slate "Hidden Tre:1Sures FlIle gifts and collectibles: Quest Custom
Embroidery" with logos. The sign will be white with black and te3llellCring and maroon
pinstripes. In addition, nours of operation will be specified in vinylleners on the door.
S. A request was submitted by Mark MlImm~ for the propeny situated at liS - 117 West
High Street 10 replace the canvas on an existing rell'1lCC1ble awning. The maa:rial will be
maroon.
9. A request was submitted by Debra E1am for the property silllall:d al 115 South Hanover
Street to obtain remporory approval for signage. The signs are painted on the storefront
windows stating '1'ropix Paradise Tanning Salon; All New Sunquest Beds; Phone 2S8-
8499" and "Bring a Friend; Gain Extra Sessions," The windows contain appro,,;"""..ly 27
square feet of signage. The signs will be in place for sixty (60) days.
10. A requcst was submitted by Sue Schlegel for the property situated aI \60 South Hanover
Sa=t 10 repair and/or replace the decking on the second floor porches. W coden lOngue.
and-groove decking will be used. This is an in-kind replacement.
11. A request was submitted by John Weigel for the property silllall:d al50 East High Street to
erect remporury signage. The sign will swc "JOHN WESLEY WEIGEL m; A TIORNEY
AT LAW." The sign will have dimensions of 6 x 18 inches and will be painted dark blue
with while vinylleners. The silPl board is l'eCl3IIgWar with roUllded comers, The sign will
be located beneath the existing sign on this building for a period of sixty (60) days.
12. A reqUCSt was submitted by fun Collins for the YIU.,.,ny silllall:d all55 South Hanover
Street to erect sigrJage, Vinyllellm stating "Realty Execwive Re:LIlors" have been applied
to the window shade hanging in the storefront window. The sign has dimensiOIlS of 48 x
24 inches. This sign is in addition to twO (2) existing wall signs. The lettering is I1:d with
blue logo. The shade is white. The sign will be cut from the window shade and placed in
a wooden frame to be permanendy hung in the front window.
13. A request was submiltled by the Historic Carlisle P:utnm flX'the I""l""'" situated U 152
East Higb SlteCllO undertake renovadons on the building. The proposed scope of wert
includes: (I) replace windows at the side and re3l' of the jl.opett)' to add tluee additional
wood windows; (2) reslOn: first floor t'C3I' enclosed pon:lllO an open pon:h; (3) eliminate
gften plastic rooting material and substimre cle3l' acrylic material; (4) replace rear hip
section of tin roof with new tin roof; and (5) replace gutters and doWIISpQUlS.
144
CoWlCil MinuteS
4
May ll. 1995
Cnmmllnitv P'mnninr 4. Ollolltv .at.L.i.fl
A motion was made 10 approve the Otizen P:lniciplltion Plan which applies to HUD's
Consolidated Plan development/amendment process. Ocker/Owens. All aye vote.
A motion was made 10 approve a final tnioOt:' subdivision plan submined by Goenera1 Mills for
ilS propeny on Shearer Drive. Ocker/Owens. All aye vote.
A motion was lI1lIde 10 approve a final minor 1and development plan submiaed by Masland
Industries for the construction of an addition w Building No. I 3.1 50 Spring Road subject to
the aaached conditions. Ocker/Chenok. Donald Mowery was present and sClted thlU he agreed
to and signed the conditions. After the question was c:illed. the motion unanimously passed.
A request was submitted by Dickinson College for a rezoning of the approximate 7.8 acre
~ loc:1tcd 3.1 the nonheast corner of Or.mge Street llIId the Coll1'llil right-of-way (fonnerly
the Kinney Shoe Bedford Planl/Warehouse) from 12 Light Industria1to INS Institutional A
motion was made 10 dr.Iit and advertise 3D ordinance amending the Zoning Ordinance and to
hold a public hearing on June 5, 1995,3.17:30 PM to solicit input and mare information
regarding this request. Ocker/Chenok. Soliciwr Schoepp advised Council w reserve their
judgement of the request until they receive all input that would be presented at the public
he:lring. After the question was called the motion passed Wlanimously.
A motion was made to approve a request from the Fraremal Order of E:lgles for an extension to
the dt.tlline for recording the FmaI Subdivision Plan and Fmal l..J.nd Development Plan for 26
E. High Street. After the question was called the motion passed 3 - I with Mr. Owens voting
against the motion and President Duncan abstlining. (Affidavit is aaached.)
A meeting of the Community Planning Quality of Life Committee was scheduled for Monday,
June .5th.lU .5:1.5 PM.
F1nonce
A motion was made to award the bid for a new Grader to Elliot & Frantz. Inc., the low bidder.
lU a total cost of $134,589. Owens/Spitz. All aye VOte.
A motion was made to award the bid for Bitwninous and Concrete materials w the low bidders of
each item. Owens/Spitz. All aye vote.
Mr. Owens informed COWlcil that he received a response back from Senator Hal Mowery
regarding Act 339. The letter is aaached.
Pmrk!l :and R~rfation
A motion was made to approve the Parlts and Recn::uion Plan update as recommended by the
Pans and Recreation Board. Chenok/Owen5. Mr. DiNunzio reviewed the plan. Mr. Ocker
asked if a map could be provided to show where the ~maining green spaces arc in the
Borough. Mr. DiNWlzio swed that this would be done. Mr. Bean explained that the recendy
proposed pool improvementS arc not included in this plan because it wu assumed that the
Borough would be receiving a DCA grant. However, these :1i"e high-priority capital
improVCIDCllts. After the question wa.~ c:illed the motion passed IIMn;mousiy.
A motion wa'.! made to approve a lease witb !he C1pital Are3 Intermediatl: Unit. tenD of lease 10
be from JuJy I. 199.5 to JWle 30, 2000. Chenok/Owens. All aye vote.
Council MinIllleS
,
May II, 199'
A motion WllS IDlIde to ask the PW iUId Recrnoon Bow to Ilive Coum:lIll recommendAtion
on what C3ll be done to bellulify the arell on "K" Street where the ice ~Iu1Dnll rilllt WllS IOCllled
pn:viously. OIenolclOcker. All aye YOUl.
Puhllc ~rI'.t.,
A l1lOticn was IDlIde to PllSS two resolutionlllllfeein lto compl Y with the rules, re~llIrions and
1r.Linin, sllU1dards eslllblished by the MuniClplll Pollee Oft\cen EdUCIltion and Tnuning
ColJllll1Ssion while receivinl funds !'rom the Commonwealth of Pennsylvllllia. Ocker/Chertok.
All aye vote.
A aIOtion was IDlIde to :wthorize the dosW'C of the tlrsl block of Easl Hiah Streel on SundAy,
June II. 199', from 1:00 PM to 2:00 PM for the purpolllO( hOKanl a ceremony honoring the
insmllation of the neW Pennsylvania SllIIC E311es President ChenolclSpitz.
Ms. Chenok stated that the c10swe should be authorized bec:lulll street closwes have been
aulhorized for other privaa: oral1llWllODS. Council sbould not d1sanlllish betwee:l
orpnizaIions once they lIlCCl :111 of lite reqwmnents for the closwe. Mr. Owens swcd that he
could not see the benelit to the Borou&h for this clolwe. Mr. Ocker Sll1led liI4l the IIRllllO be
closed c:wses a safety haz:ud. Presidenl DUllCan swed liI4l the Ilpplicant is payml for :ill
expenses inC'lll1'Cid by the street cloSIRI- Mr. Spitz swed chal i( IlIlY orsllllimtion comes before
Council and meets the criuma IlIld pays for the expenses, then they should be supported.
After a roU c3lI VOle the motion pwed 3 -2 with Mr. Owens and Mr. Ocker voting IlgainSt the
motion.
Puh"&! Work!
Mr, Spitz elqlreSSed concern IlboUl HUn's section 8 housinl prolfl1lD. He explained that too
lDlUly people abuse this prolflll1llll1d like :ldvullaae at lite vouchers. He silled that it is rime
(or people involved to take action IlI1d clC411 up this prop.m. Ms. Chenek qreed with Mr.
SpilZ.
CommUflU., "annin. " OualU. fJI LII.
Mr. Ocker SllLIId that Council may consider Il ~liminary subdivision and laIId dcvelopmCllt
plan (or the Robbins P'tuyg1Y Development. submiacd by !be Windsor Buildinl Company.
Roser MorpnIhaL the repraenllllive o( the :JW1lc=t, saued thll he :K:cqlled aU o( lite
conditions. Mr. MOI1ullhal explained to Council r.tw due to an exisrinl strUCmre, the right of
way c:lD't be any wider than 34 (eeL He tIIrtbcr smrallllll the app1lcant met with me neighbors
and discussed the projcc:t to see If IlI1Y COI1ll1lOll-1I"lWId could be re:u:hcd to try to make !be
developrDCIIl more aa:eptable to lite nciahbon. The density 0( this project is less than what is
permiltlld by the ordinan.ce,
John Broujol wu prescnt as a resldenl of the ue:a o( the project and as a repre5Cnwive of his
neipbon. A copy of Mr. BrouJos' com:cms is attaI:hed. Mr. Broujos asked COWlcilto
conduct a public he:lrinl reprdinllhis issue in order for them to he:ll' all of !be concerns from
the residents. Mr. Ocker swcd thll he would like the rll'C OUe{ and Council to review the
I"~ befOl'll the public helIrina. Ha then IIlIde a moriOll to hold ~ public hearing on July'.
1995 ill 7:30 PM. Solil:ilOl' Schorpp scued lhat if CoWlCil decides to visil die site he would not
Willi them to do il ouuid.e the praeru:e o( Mr. Morpnthlll or Mr. Broujos wi their clients and
il should be:ldvenised. He wed Mr. Morpnlhallllld Mr. Broujos if they would mind if
Council and die fire OUd viSited the lot individually. They swed tha1 this would be fine.
Ms. Cbcnok _onded the mouon. ACta: the quesaon WllS CIllled the motioa passed
UIIIIIimous1y.
~o
Council MinuteS
R.nnrt!
-.
6
~
May 11. 1995
146
Ms. Chenok requested that the mid.block crosswa.lk.s agllin be considen:d by Council. She
explained thlll they are two dangerous for pedeslriaJls. ~sident Duncan staled that since Mr.
Giordano is not present at this meeting, he woulrt be notified of this request and asked to place it in
IIis commiaee.
Mr. Bean stared that he has received some information on House Bill 11218. This bill establishes
a SllllC wide building code with wllich all municipalities would have to comply. The code is similar
to the BOCA Code, which is what l.he Borou~ has now, except that it Ql1't be amended like the
BOCA Code. It also requiIes that the code otficials be certified. which would be 3D expense to the
municipality. Any money that would come from pennit fees would have to go intO a restricted
fund and only be used for building purposes. PLCM has taken a stand to oppose this bill. Mr.
Bean suggested Council endorse PLCM's position by means of a letter to A! Masland. Mr. Owens
made a motion to draft and send a letter to Representative A! Masland endcrsing PLCv1's position
on House Bill 11218. Mr. Ocker seconded the motion. All aye VOle.
Mr. Ocker slllltd thal PLOi has also taken a slllIId againSt the proposed repea1 of the federll1
assault we:1pOns ban and ~ed that Counc'J also slllIId behind PLCM on this issue. Mr. Owens
agreed and made a motion to SUPPOll PLCM by letter. Mr. Ocker seconded the motion. All aye
vote. Chief Margeson Staled that most of the police organizations have agreed with this SWld.
Ms, Chenok stated that Counc'J must be neutr.1l when developers come before Council with
requests, She did not believe this was happening. Mr. Ocker stated that the developer must come
to Counc'J prepared and re:l.dy to answer questions regarding his proposal.
Mr. Spitz requested that another letter be drafted by Council regarding the 911 issue. He explained
that he wants actUal facts and figures on where the money is being spent. President Duncan stated
that due 10 the absence of Mr. Giordano. it will have to be refemd into his committee.
President Dunc3D recessed the meeting until after the executive session. 1'hen: was no funber
business to come before Council after the executive session. The meeting was adjourned al
10:20 PM.
~~l G. L1~'_
D.Lay
B up SecIetary
(seal)
DlI8can
Council President
147
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RESOLUTION 05-11-95-01
160
BOROUGH OF CARLISLE
CIT!ZEN PARTICIP~TION PLAN
IN CONNECTION WITH CONSOLIDATED SUBMISSION FOR
Ht1D COMMUNITY PUNNING ;\NO DEVELOPMENT PROGRAM AND
THE RELATED PERFORMANCE REPORT AND AMENDMENTS
MAY 1995
WHEREAS, the Borough of Carlisle is an entitlement community
under the Federal Community Development Block Grant funds; and
WHEREAS, the U.S. Depar~ent of Housing and Urban Development
has combined the Final Statement, Camprehenslve Housing Aff.ordability
Strategy, and.communi~y Development submission requi~ements under the
COBG Program lnto one document known as the Consolidated Plan; and
WHEREAS, the U.S. Depart~ent of Housing and Urban Development
has combined the Grantee Perfo~ance Report and ~~S Annual
Performance Report submission requirements under the coaG Program
into one document; and
WHEREAS, the Borough currently has a Citizen Participation Plan
under its COBG Program; and
WHEREAS, the Borough is required to adopt a new citizen
Participation Plan which incor~oratas the revised requirements, as
published in under 24 CrR ?arc'91.
NOW, THEREFORE, BE IT RESOLVED, ~~at the Borough of Carlisle
adopts a revised Citizen Jilarticipation plan in conformance with the
new rule and as described in Attachment I to this resolution.
ADOPTED, this I/+},. day of May, 1995.
BOROUGH OF CARLISLE
u\ AcM:~( CCL1.<
lr~A. ijuncan, 'Presiden""e"'
A'rl'EST:
~({UJ D ~l"
,cretar'/
(Seal)
161
BOROUGH OF C.\RLISLE
CITIZEN PARTICIPATION PLAN
IN CONNECTION WITH CONSOLIDATED SUBMISSION FOR
IiUO COMMUNITY PLANNING .'lND DEVELOPMENT PROGRAM ,\NO
THE RELATED PERFORMANCE REPORT AND .'\MENDMENTS
MAY 1995
In accordance with new regulations trom the u.s. Department ot
Housing and Urban Develocment, the Borough will replace its Final
Statement, community Develo~rnent Plan. and Comprehensive Housin~
Af!ordability Strategy submlssions undftr its Entitlement Commun~ty
Development BLoCK Grant Program with the Consolidated Plan.
Similarly, the Grantee per:ormanca Report and CHAS Annual Perfo~ance
Report will be consolidaeed into one l:eporting docUlIIent.
The purpose of this plan is to encourage citizen pareicipation during
the developmtint of the aorough of Carlisle's Consolidated Plan,
amendments to its Consolidated Plan, !nd the Consolidated Plan
Performance Report. The Citizen Participation Plan is intended
especially to encourage participaeion among low and moderate income
persons in the Borough, as well as persons living in the Borough's
low/mod income Census Tracts and neighborhoods. as well as public
housing.
~ summary of ~~e Citizen Participation Plan was advertised in thG
Carlisle Sentinel, a newspaper of general circulation in the Carlisle
area, on April 6, 1995. A proof of publicaeion is attached to this
plan. The cumberland county Housing Authority has been consulted
duri~g the development of the citizen participation plan in order to
maximize coordination with that agency and its tenants.
I I. OaveloDment ot the Consolidated ?lan
Consu 1 ta. t: ion
a.
The Borou~h will consult with other public and private agencies
that provlde assisted housing, health services, and social
services (inCluding those focusing on services to children,
elderly persons, persons with disabilities, persons with HIV/AIDS
and their families, homeless persons) during preparation of the
Consolidated Plan.
The Borough will consult with the State Heaith Department to
examine existing data ~elated to lead-based paint hazards and
poisonings, including health department data on the addresses of
housing units in whicn children have been identified as leaa
poisoned.
'!'he Borough will notHy and consult with adjacent jurisdictions
to the extent practicable when preparing the description of
priority non-hou9ing community needs. This portion of the Con-
solidated Plan shall also be submitted to the State and County.
The aorough will consult with the Cumberland county Housing
Autnority to the maxi~um extent possible to assess the neeas of
the residents of public hou~ing and to coordinate programs.
This would incluae coordination ot the COBG ~roqram with
PUDlic Housing modernization proqr.ams (ClAP), Drug Elimination
Grants, etc. This shall especially apply it the Housing
~ut.~orit: =eceive. Com';)r9henli"e Grant ~undinq.
b.
c,
c:1.
2
LbO:
citizen ParticiD~
a. A public hearing shall be held prior to adoption ot the
Consolidated Plan at a time and place which is convenient to
low and moderate income ~ersons. The hearing must adhere to the
following requirements:
* The hearing must be advertised as a display advertisement in
the non-legal section of the Carlisle Sent~nel no less than one
week prior to the hearing date. This ad shall specify that
persons with disabili~ies and non-EngliSh speaking per~ons
shall receive special accommodation upon request in order tQ
take part in the near ing .
* The hearing will cover the general purpose of the Consolidated
Plan, the needs assessment (af!ordable nousing, nomeless,
special needs), st=ategic plan, and action plan for the
following year.
* The proposed use or funds under the community Development
Block Grant Program ~ill be covered at this hearing under the
action plan.
* The amQunt of CCBG funding available, including program income,
will be made public at the nearing.
* The range of ac~ivities which may be undertaken with the COBG
funds wlll be covered a1: the hearing.
* The estimated benefi~ or proposed activities to low and
moderate income gersons shall be stated at the hearing.
* The Borough will list ~~e steps is will undertake to minimize
the displacement or low/moderate income households through its
federally-funded programs and ~~e steps it will take to
relocate displaced low/modera1:e income households, even it no
displacement is anticipated (see attached alltidisplac8lllent
and relocation plan).
* The Borough will $tate when the CCBG funds will be available
for us..
b. A summary of the Consolidated Plan shall be published as a
display advertisement in the non-legal section of the Sentinel.
This summary shall at a minimum state the purpose ot ~~e Plan. a
summary of the contents ot the Plan and the locations where the
Plan may be reviewed by the public,
c. The Plan shall be made available for public review at the Borough
Manaqer's Of!ice, tho Bosler Yree ~ibrary, and the Cumberland
County Redevelopment Authority. Reasonable numbers ot ere.
copies shall be made available to citizens upon request. The
Plan will be made available in accessible formats to persons with
disabilities upon request. Accommodations to non-Enqlish
speaking persons will be made in order to give them access to
the Plan upon request.
d. The Plan shall be made available for public review tor a minimua
ot 30 days aftar ehe advertisement of the summary in the
Sentinel, No action by Council may occur until this comment
period expiru.
3
~~nsolidatAd Plan Develocment (Continued)
e. The Borough shall consider all comments concerning the
consolidated ~lan. A summary ot all comments received shall be
attached to the submission to HUD. The Borough's rationale tor
not addressing any comment or comments must also be included in
this summary.
Amendments
a. COIVDliance
Compliance with the Citizen ?articipation Plan is required if the
Borough undertakes a substantial amendment to its consolidated
?lan. This would include:
. The creation of a new activitYi
. The deletion ot an activitYi
. A change of purpose, scope, or beneficiaries ot an activity; or
. An increase or decrease in funding ot an activity by 25% or
more.
c. Public Hearina
a. The amendment shall be advertised as a display advertisement
in the non-legal section of the Sentinel no less than one week
betore the public hearing. It shall be stated that special
accommodation will be made to persons with disabilities and
non-English speaking persons upon request.
b. A public hearing must be held prior to the adoption ot a
substantial amendment. The nature of the change shall be
discussed, as well as the specitic shitts in funding, the
range of activities available, and the proposed benetit to low
and moderate income persons. The hearing shall be held at
times and locations which are convenient to low and moderate
income persons.
c.
not be implemented (Council approval) tor
after the public hearing to allow for .
The amendment shall
a period of 30 days
pUblic comment.
d. The Borough must consider all comments received during the
Citizen Participation ~rocess. A summary of all comments
received with regard to the amendment shall be attached to the
program amendment. The Borough'S rationale for not addressing
any comment or ~omments must also be included in this summary.
e. The amendment must be submitted to HOD, This may be done on a
case-by-case basis or at the end of the program year.
P.rfo~anc. Renort
a. The Sorough shall hold a public hearin~ regarding its
performance in carrying out the Consol~dated Plan for the
previous program year. This hearing shall be held at a time and
location which is convenient to loW and moderate income person..
163
4
l~
T~is ~earing s~all be advertised as a display advertisement in
the non-legal section of the sentinel no less than one week prior
to the ~earing.
c. Accommodation must be made ~or persons with disabilities or
non-Englis~ speaking citizens upon request. This fact shall be
included in the advertisement for the public hearing.
b.
d. The Performance Report shall not be a~proved by councilor
submitted tor at least 15 days followlnq the public hearing in
order to allow tor public comment. The Borouqh shall take any
comment into consideration in its Performance Report. A summary
of all comments shall be attached as part of the report. The
Borough'S rationale tor not addressinq any comment or comments
shall be included as part of its summary.
IV. M..tinas
All public meetinqs relacing to the Consolidated Plan shall be
advertised with reasoltable and eimely noeice to the public. This
shall be interpreted to be no less than one week prior to said
meetings.
v. Availabilitv of the Consolidated Plan
As stated above, the Consolidated Plan shall be made available for
=eview during its development at the Borouqh Manaqer's Office, the
Bosler Free Library, and the Cumberland County Redevelopment
Authority. The Plan shall be available year-round at the
Redevelopment Authority for citizen review.
ACC89S to Records
In addition to the Consolidated Plan, access to all records
involving the COBG Proqram, CRAS, eRAS Annual Performance Report,
and Consolidated Plan submissions shall be made available to the
public upon request.
T8chnical Assistance
Technical assistance to interested persons and aqencies with regard
to the Consolidated Plan and the COBG Program shall be made available
to the public to the extent feasible upon request. This will include
aqencies which wish to undertake aceivities utilizing COBG ~unds.
~II. COMDlaints
The Borough or its agent shall respond to all complaints relatinq to
the ConSolidated Plan or its components in writinq in a timely
manner. Where practicable, this shall mean within 15 working days
ot receipt of the complaint.
165
'.
A'ITACHMENT
BOROUGH OF CARLISLE
Residential Antidisplllcement and ReJOc.:ltioll Assistance Pion under Section I04(d)
of the Housing and Community Development Ad of 1974, as Amended
The Borough of Carlisle will replace all occupied and vacant occupiable low/moderate
income dwelling units demolished or converted to a use other than as low/moderate income
b.ousing as a direct result of activities assisted with funds provided un,er the Housing and
Community Development Act of 1974, as amended, as described in 24 CFR Part S70.606(b)(1).
All replw::ement b.ousing will be provided within three (3) years of the commencement of
the demolition or rehabilitation relating to conversion. Before obligati.ag or expending funds
that will directly result in demolition or conversion. the Borough of Carlisle will make public
and submit to HUD the following information in writing:
1. A description of the proposed assisted activity;
2. The general location on a map and approximaIe number of dwelling units by size
(number ofblldrooms) that will be dem.olisb.ed or convened to use other than as
low/moderate income dwelling units as a direct result of the assisted activity;
3. A time schedule for the commencement and completion of the demolition or
conversion;
4. The general location on a map and approximate number of dwelling units by size
(number of bedrooms) that will be provided as replw::ement dwelling units;
S. The source of funding and a time schedule for the provision of replacement dwelling
units;
6. The basis for concluding that eacb replacement dwelling unit will remain a
low/moderate income dwelling unit for at lwt ten (10) years from the date of initial
occupance; and
7. Information demonstrating that any proposed replw::ement of dwelling units with
smaller dwelling units (e.g., a 2-bedroom unit with two l-bedroom units) is consistent
with the bousing of low/moderate income b.ouseholds.
The Borough of Carlisle will provide relocation assisWlcll, as described in 570.606(b)(2),
to each low/moderate income bousebold displaced. by the demolition of housing or by the
conversion of a low/moderate income dwelling to another use as a direct result of assisted
activities.
168
CONSENT TO SUBDMSIONILAND DEVELOPMENT
PLAN APPROVAL WITH CONDmONS
RE: Preliminary Subdivision and Land Development Plan
Robbins Property Development, Windsor Building Company
(REVTSED)
Staff reconttnellds that the Carlisle Borough Col1llCil approve the above ~
subdivisioollaad develop1l1Cllt plan subject to the fuliowmg conditions:
l. Pursuant to Section 226-29 of the Subdivision and Land Development Ordinance,
appropriate street trees shall be planted at intervals of not less than thiny (30) feet nor
greater than fifty (50) feet within a tree lawn ora minimum width offour (4) feet. The
plan curremly depicts six (6) street trees. With the current spacing, two (2) additional
trees are required to meet this standard. Such trees shall be shown on the fina1 plan.
2. Pursuant to Section 226-21 (B-1 I) of the Subdivision and Land Development
Ordinance, the developer must agree to enter into a development agreement and provide
the financial security required to guarantee the constrUction of all public improvements
proposed for the land development.
3. Pursuant to Section 226-31 (B-2) of the Subdivision and Land Development
Ordinance, ten percent (10%) of the total tract shown on the plan, or 0.11 acres shall be
dedicated to the Borough for public recreationai purposes. Such land must meet the
recreation area location criteria established in Section 226-31 (C) and shall be shown on
the tinaI plan. In-lieu thereot: the Borough may, upon agreement by the applicant as
established in Section 226- 3 I (E), accept the constrUction of recreation ticilities, the
payment of fees in-lieu thereot: the private reservation of land for recreational pwposes,
or a combination of the foregoing. Upon such agreement, the fee to be paid in-lieu of the
required dedication of land shall be Sl,loo (i.e., calculated at the rate ofSlO,OOO per acre
for each acre of land required to be dedicated).
4. Pursuant to Borough Public Works Standard Specifications, curb and sidewal1cs shaI1
be designed to pus stonnwater beneath the sidewalk rather than over the sidewalk. Such
design shall be shown on the IinaI plan.
S. Pursuant to Section 226-19 (1-3) of the Subdivision and Land Development Ordinance,
the proposed text of the instl'UJllent creating the proposed utility easements sha1I be
submitted for review and approval by the Borough Solicitor. Such instruments shall be
~orded prior to ~ording the fina1 plan. In addition, a note shall be placed on the fiDaI
pial sutina that the proposed sanitary sewer system located upstream fiom proposed man
hole J03-A shall be privately owned and maintained.
6. Pursuant to Section 226-19 (A-19) of the Subdivision and Land Development
Ordinance, all water and sanitary sewer service laterals shall be completely sbown on the
final plan.
7. Pursuant to Section 226-19 (A-I'7) of the Subdivision and Land Development
Ordinance, stop signs and street name signs meeting Borough Public Works Standard
Specmcations shaI1 be shown at all intersections on the 6nal plan.
8. Pursuant to Section 226-19 (A-I7) of the Subdivision and Land DevelopDIllllt
Ordinance, strellllighting meeting the requirements of Section 226.23 (1.) oflhe
Subdivision and Land Development Ordinance shall be shown on thelina1 plan.
9. Pursuant to the requirements of Secrion 226-13 (H) of the Subdivision and Lmtd
D'Vllopment Ordinance, "NO OUTLET' signs shall b, posred at the ent1T:11lCtlto
C,met'ry AVlntlefrom Bedford Street and "DO NOT ENTER" $lgns shall be posted at
w,sr,m termiTIUS of the eost-w,sr secrion of Cem'tery AVlnue whe" it intU$tlcts with the
north-south s,etion ofCllmet'ry Av'nue. The sight disranCtl at this intersection is
obstructed by an existing garage, which is situated on th, com" of the rlght~f-way.
This posting will prohibit Vlhieles from tummgfrom the east-wesr secrton of Cern't'ry
A Vlnu' onto its north-south section. This will nol prohibit two-way rrafftc along this
s,erionfor the resJd6ntial propertiesjronting on S. HanoVlr Street. Pursuant 10 SeCRon
116-/9 (A-/7) of the SubdivIsion and Land Development Ordinance, these signs shall be
shown on th, final pian.
10. Pursuant 10 Section 226-13 (A-7) of the Subdivision and Land D~/opment
Ordinance, theeOS/-west section of Cemetery Avenue shall be renamed on the ftnaJ plan.
By ,igaiag below, I bmby attest that I have mid the above and do UDdcrswId and aa:ept tbeIe
coaditioas for approval of the aboVlll referenced plan.
1? ~ M, /VI v:~ J110__ ~ 10 I 'f9.r
Sipture of ApplicaDt or AppliCllllt's Representative - I
~ "" rLpfG.:GM-l-
NIIIII of Applic:am or AppliCllllt's Rcpresemuive
169
AFFIDA vrr
STATE OF PA
ss:
~. .
COUNTY OF CUMBERLAND
Before me, the undersigned Notary Public, this day personally
appeared William A. Duncan, 333 West Willow Street, who, being duly sworn
according to law deposes and says:
I'
I
That he has abstained from voting on a Community Planning and
Quality ofllie Committee item, submitted by the Fraternal Order of Eagles
for an extension to the deadline for recording the Final Subdivision Plan and
Final Land Development Plan for 26 East High Street. This item was
cOIUlidered by Carlisle Borough Council under the Community PIAnn;ng and
Quality ofllie Agenda on May 8,1995. Mr. Duncan abstained from the vote
due to a conflict of interest in that he has done legal work for the applicant's
neighbor.
~~
~
Subscribed and Sworn to before me
this 5th day of June, 1995.
~[J.~~hL
ulie D. Shu art.Lay- J
,_s.I
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GOV."".". CO...IUION .0.
CM'L.OII.N . ".,,'LIO
IN".....wl......NT... COUNCIL.
0" LoO". .,..1IIt call.
C DIIT.Ic-r o"P'C&l
'.1.1 ..U"." 110..
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a DI.,..IC'I' O."ICIlt
..lIT O..ICI 110. au
NiIW la..oo".'la.o. "A ..,...
.,n.... 1._
'erurle of 'emt.~hJ/mia
May 8, 1995
a DIIT.,n o.,,,'caa
It. N. "ANOWn .,....,.
c........... ".. ..,..,
.,.,........ .
Robert Owens.. Chairman. Finance Conunittee
Carlisle Borough Council
Borough of Cariisle
53 West South Street
Carlisle, PA 17013
Dear Mr. Owens:
Thank you for contacting my office regarding your concerns with the proposed elimination
of the Act 339 State Subsidy for Sewer Treatment Plant Operations.
As you know Governor Ridge's proposed Fiscal Year 1995-1996 budget for the new
Pennsylvania Department of Environmental Protection does not include an appropriation for
Sewage Treatment Plant Operations. This would eliminate $36.5 million in funding that was
available in fiscal year 1994-1995, funding that provided needed capital to municipal treatment
facilities which in turn keeps costs down for your customers.
During this week's budget hearings Secretary Seif indicated that the Department would
consider a compromise rather than the proposed outright elimination of the grants. The Governor
also indicated that negotiations on this program or any other budget item are never out of the
question. Please be assured that my Senate colleagues and I will thoughtfully consider any
proposal that would eliminate Act J 3 9 funds.
Thank you again for contacting me with your concerns, and if 1 can be of further service
to you in this or any other matter regarding stale government, please fee! free to contact me.
~~
Harold F. Mowery, Ir.
SeJWor. 31st District
HFM. Ir.1I11
,,~'~._.-3:Jt."
'.
Loui.e and John B. Broujo.
78 E. Ridge Street
Carlisle, PA 17013
717 249 3048
FAX 717 243 8227
MAy 10, 1995
Borou9h Council
33 We.t South Street
Carli.le, PA 17013
RBI Robbine/Windeor Proposed Development
Dear Council I
I represent the citizene of the Bast Ridge Street area who oppo..
the above development.
Enclosed is a list of persons directly involved by havin9
properties bordering on the alley known as Cemetery Avenue and
others who live in the neighborhood which is affected by the
change in the character of the neighborhood by this development.
Contrary to the sta.tement of the developer that there is only one
request for waiver--the 34 foot right of way for the required 50
foot right of way.
There are at least three variations from the Codesl
1. The request to use a 34 foot right of way for the street
instead of a 50 feot right of way.
2. The use of a 12 to 14 foot right of way in the alley off
Ridge Street; which crsates a serious and potentially life-
endangering condition for two way traffic and even for one-way
traffic. Th$ nature of the location of garages and buildin9. on
the alley create. a hazard.
3. The absence of a sidewalk on the north side of the proposed
strset. Where children are concerned--both tho.e of present
property owners and those of any of the proposed houses--acce..
of the safe haven of a sidewalk from vehicle traffic risks
injury.
4. The proposal violates the intent as laid out in the Zonina
Ordinance:
A. Section 255-121 An alley is defined as "a minor way,
which mayor may not be legally dedicated, and is used primarily
for vehicular service acee.. to the rear side of properties
otherwise abutting on a street."
B. Section 255-21:
"The intent of the R-2 Medium Oen.ity
,
,
175
Residential District is to:
A. Provide for the orderly expansion of areas that
offer re.idential neighborhoods at a D1ediUIII density."
B. ...carefully control the type. of housing to
ensure compatibility with existina houses."
C. Carefully protect the.e areas from use. that may
not be fully compatible.
Section 255-2: Intent apd Obiectives Z~ning .wa. adopted
with rea.onable con.ideration, among other thing., of the
exi,tina character of the various arsa. within the Borough of
Carlisle and their respective suitability to particular u.....
Section 255-8 Internretation " . . . the provisions
of this chapter .hall be interpreted a. the minimum r.quirement.
for the promotion of health, safety, morals and general w.lfare.
Wh.re this chapter conflicts with any rule, regulation or
ordinance, the greater restriction upon the u.e of building. or
premis.....or upon requiring larg.r op.n space. shall prevail,
regardle.s of its source."
'I' '
5. Approval would sanction turning alleys of the Borough into
.tr..ts for development requiring alteration of one good planning
requirem.nt aft.r another.
Wh.n.ver there i. an attempt to circumvent good planning
techniqu.. by forcing a development into a place where
d.velopment was not intended, the planner is farced to start
altering other Bound planning requirements and the Borough i.
asked to grants changes where the ordinance and good planning
n.ver int.nd.d that there be chang...
TUB PROTBSTANTS ASK TBB COUNCIL TO BOLD A PUBLIC HEARING on this
i..u. because of the .erious prec.dent that it would set in the
Borough for cramming building. in alley lots without adequate
consideration for the existing character of the community and
protection of our youth.
Sincerely yours,
John B. Broujos, for Protestants
"'"'"
~
MINUTES
C~LEBOROUGHCOUNCL
PI1bUe RIUittI
Rabbltu DnaplDtA!
July!. 1995
CoUllCilmu Ocker ClIiled lIIe lI1IellDI lO order :u 7:30 PM. The (ollowinlllll1l1ben ot CoUKil wen
preIIInt: Cheltok. Gionlltao. HeI'1l1BD. Ocker, Owens, ;Utd SpilZ. Al30 prellaI w_: SoUcilOr SclIorpp,
Maaapr BUll, PubUc Worka Oireclor ~lser, PllIIIW1f1/ZoOlDIiC.xla Maaacer 0e11llia, aad Screcuy
L.1y.
Mr. Ocker swed Ibll lIIe public bOlllUlllS CODCenUDI tile Robbw Proporry Oevolopmonl. He uplaiatd
lIIalllle C;\flisle SubdiVlsionlL.1ad Dovetopmenl OnliDattce reqllilel dill Boroup Council mIdor a
dociJioD ;Utd cOOl1DuniclI1O illO lIIe appli=l withiD 90 days at tile dale on wbiclt the platt wu reviewed by
lIIe Boroup P1lI1I11ial CommiSlioD. After revieWUlI the platt COUDciI my lIWfOve tile pll1l. approve the
plllD wIlli conditions. or disapprove lbe plan. lllbe appliC31lon is denied in lOlIDS as ft1ed. the decision
shill specify tile defecrs found iD lbe appliQlioD alleI describe Ibe requiromoars whiclt have DOl boon mol
aad sltlll iD elcb case rocilO Ibe provisloDS ot Ibe SWUIO or orcIiJwtce reUed upon. Mr. Ocker eocourqed
COUDCillO make D docislOD lOIIDodiately mer lbe pubUc hel1.llll.. !Ie swed tIw lbe residenrs ot lbe
aeipborhood have I11lODded sever1ll mceDll.S prior lO this aad be would be hesiL:l1ll10 have tItem come to
;Ut addllioaal me81U11.
Rorer McqtAthal,lbe applic:ull's iIIIOmey, swed rJw he reviewed lite sWfrocollllllOl1Cll1ioDl aad the
conditions dw sWl su....rod (or approval ot this projecl. He explained tIw he aad tile applic:ttu :tie in
l'uU apmeDI of lbe conditions. Mr. MOIJOI1lba.1 ubld Dou. BroIuD. tile applic:utl's eDrme-, lO uplain
wlw tile project involves. Mr. Brehm s1l1led dw the propeny is 10ClU8d aD Cemerery A_ua aad would
cODlill of four buildiDp <elICIt cODSil1iD1 of lWO uaill. EacII WI will coDli.sl of a twO car ..... and lWO
3ddilioaal parkial spaces in Ibe clriveway. The acIIIIlsaeel ""ellb proposed iI 22 feel :IIId will IIave a CIIItt
OD lbe SQUlb side ot tile saeel oaly. AlIo propelled illO overlay tile alloy onlO Eaa R1dp SII'eet. Tben
would be l~scnpiD. on lbe dovelopmeDI:tlld lite rrees 10Cl1r0d in lbe bacIl of lbe propeny would be
preserved. Mr. Brellm swed tIw lite awtimum density requintaetta for tbis properlY is up to 1II1_ 10
uaill. The propouI is well under LO units. Mr. SpilZ aakod if tile back porlioa of tile propeny abuIs tile
lCllool property IUd if II does, will rhoro be :1 butter belweeo the properties. Mr. Bnbm sllmd dw il does
and lbenl is a IIfOve :1_ in tbe beck of lbe prt;lpeny a1011l wilb tile satliwy sower.
MI. ClJenok swed tIw previoUlly lbe cleveloper DIll with the resideD.. to discuu tbe projecL Sbe ubd if
aoy sugeslioDl were riveD by lbe aeirhbon re.1ldiD1 dte projecl. Mr. MorpI1lba.1 s1lled dw !be
raiclenll did nOI otter :tIIy cODSauclive sugeslioDS.
NolllW1 E1am. a residettl :\I 23 North Accn Drive, Boilia. SpriDp is lbe cleveloper of tile projecl. ne
subali1lecla tener !O CoulICil (aaached) describin. tile projecl. Mr. Gionll11o liked if lbI uaill will be (or
lIIe or IIIDI. Mr. EIIm swed tballbey would be for sale;l\ a lUge from SI30.000 to SI39,OOO. Mr.
GiOldaao ulted wlw will be on tile Dom side ot the _I siaco curltiol will only be iasIIIIed CD tbe SOIIdl
sidI. Mr. Bnbm sWld dw tile Dom side lias a sana of .anaa and ie would be benito have curb lbenl.
Siace some of lbe propeniOl lIflI lower tbaa lIIe Sll'Oe\, the saeel wiU be buill so tile war wiU drain dte
10_ propeniu. Thi.s wiU maD the sinwioD bellOr so tbe waror will DOl poad iD tile bIclt of lbe 10Mr
propeniII. II curbiD. II iDStllled on !be nonb side of tbe sll'eet. il would ,... II a dam for tile _ aod
would maD lite sill1OtiOD wane.
Mr. 0...01 aakod if tile cleveloper il wtIlla. to selllbl property to tile raicleall of tltiI area. Mr. Elam
sw.d lIIII he would be aad iD (:tel he alnady oifoncl to seU it 10 tbe raidllnll. Mr. Ocbr sllmd lbaa be
wu concmted IIbouI dle open ll*8 iD C.IfIisle. Mr. BnIuD swed dw -Itea RobbillS WII oecupyial tile
224
PI1blic Hearin,. Robbill's DeveIO("'\t
~
hp2
propmy, tIl.... wen JUlt :tII1W1Y pweDhoUHIIIId pG;itt,_ u wbu is beme propollCl now. He
oxplaitted 1Iw lIle wtilS an SOl 20 foot "Pan except for the Iul wt wbicb is 30 (001 "Pan.
lolut Broujos, a residant o( 78 ElISt Ridle SlI'OOl. swod 1Iw be repnaonred the neipborbood. He
submuled 10 lito recant a leaer whicb swoa his OpllliOll AI,antill, the proJCl. nus 1_ is _bed.
Harold Knltzin,. a midant of 80 E:tsl Ridge Street:uld the OW1lef ot 633 Soulb Iledfonl SlI'OOt wu
coacemed (or tile saiery ot the children in lbe lIOiibboxbood. clto wid1ls of the slleOt, if fire equipl1lllnt
wollld be able 10 IlCCOSS lbe bwldiDp in CI1SIl of a linl. md if tile.. would be Ildeq\1llO puiin, provided
wben lIle reaidentS ot lbe UDIlS bave !lUlSSlS. Mr. Oem swed litat the proposal IVU reviewed by the F"tn1
Chief l1IId he stared tbal tile WIdth of clto sneet would be adeq\llll for tire :tppIrUIlS 10 ~ tile
developmenl. Mr. M011l111tba1 uked Mr. Knltzinl iflbore would be a.nytlling he would like 10 see
developed on tile proposed sue. Mr. KRtzinl stwd llW be did nOI W&DIlbe :tAla developed.
RaymoDd Wickanl. a midenl of 10 East Ridle SIReI. swed dtat the canway would be loss titan 17 (001.
Praently two C4n can't pus oDel1llolbor on tile SlnlCl. He also swcd 1Iw some of t.Ita ans on his property
IVollld be to be Almoved ill order for cm to m.aU tile nIr11 in tile SlAleL
Mr. Spilll1S.Ud Mr. Wickard if he IOU a n:Sldanlo(lbis aRll dunnlllto time tIuu Robbin's Rowen IVa
oc:cupyinl tile property. Mr. Wickard swcd lIw he IVII. Mr. Spill asked if S (amiIy cm at the rninil11um
wollld be more lrI11'fIc uDlizing lbe sant titan wilen Robbin's ROwaN IOU in bUliDaaa LD the aru. Mr.
Wickard believed ISIOSt ot the lI'Ifllc ior Robbill's Flowm used Bodford SlI'OOllIItIloup he did DOt pay !bill
lSIucb lIIIOnlion to the cratftc becll11SO It IOU never a problem.
Mr. Broujos did nOI believe it wu (1Iir to comparelba RobbiD' s Flowen blllinOSl 'Mitlllne proposed
developl1lllnL He stWd lIw at lbe time Robbill's Flowers IOU a Don.oConforminl use iUld itcollld nOl ~
obupd.
Ms. CMrlok ctuiflccl tbal some of Mr. Wickard's IIMI WOIIid bave to be rtl1DOved or cut blck. Mr.
Wickard stared tltIllIis a-. an spnll1linl over lbe saacl1lld as a mlllt two cm wollld DOt be :able to plU
one a.notller. MI. Cltanolt tIlen ukad if Mr. Morpnlbll 01' the developer of lbe project :IpprIlICI1ad Mr.
Wickard relanliD, rtl1DOviDl or cullinl IlKI.: lbe 1nlOS. ~. Wicbnl stared tbal dtoy did DOL
1111 Yi1bma. a ....ideeL stared tbal tile proposal is out of kleepiDl 'Mitll the naii/lborilood. !Ie OllpnlSOd
COl1C1II1I witll tire "PIJUI111I, larbqe aucllS. UPS trueks. ea:. _iII,lIle SInlOL M.s. Chaulk stared lIw il
is bu aInlIdy beat cJarided lIS 10 the dre :tppuat1II 3CC111iD, tlla _L Sbe than uked if tbae wu any
dlIc:uuion on tlla III'l\lIf vehicles ICC-';~I t.Ita stnOl. ~. B.... swecll.l1ll it wu sW'f's lOC011III1endation
to baw IlItlk: eail off of Ridp SInlOL Therefore. wbon a dell nry would come illlO ODO of the unitS lbey
would coma ill off of Bedford iUld tIten wollld exit in dlo _ way. This would olimitwe IlYiDs 10
1II101i.. the lIIIl1 ill lbe avonue.
lICk MulIell, a residant of 63$ HillblaDd Avenue, sWIll rJw be is opposed 10 the plan bec:ue me
naipborllood is VOTY unique. He believed 1Iw t.Ita development would taD away the cbanocter of t.Ita
l1Iipborllood.
Louise BroujOl. a reaidanl ot 781!11S1 Rid.. SInlOl, sllllld dw she lVOuld Iwe to sea tho 0pIII spce be
daYlllopod. She slated tho reaideDlS were DOl uked to buy the propony. She wu concarnod (or tile satery
of lbe cbildnn. lid.. BroujOl stwd tltIl the Robbill's Flo_ Sbop rntfIc: did DOl ClI11IO a problem for lbe
l1Iii/lborllood.
Lmy POOle, a rat_ ~, silled 1Iw the IIIIIft of bouainl in tho nali/lborbood is sillsHI family
"--..... dwol1ittp. He explained 1Iw wben lIle coniormiry is DOl UIK in II naipbcxttood tho propeny
VIl_ drop. He beUeved dw if tha developmanl WII :IlIII'Oved ;1 would DOl conform Wllb lbe prunl
bouIitt, in lbe lIOipborbood aDd thorelilra decreaH lba Yliuo ot till h~ in tho 3Iell. Mr. SpitZ aaUd
225
C/3
""'"
~
227
July 5, 1995
~ E:lam
25 N. Ac:lrn Dr.
BoiliJY;J Sprinqs, PA
17007
'll:l '!be carlisle BorOUgh CouI1Cil:
ApproxiIMtely t:'t.o years aqo I siqned a ~ cont::3C: to buy t:bB ~ins
propertY on CeaBtary Avenue in C3rlisle. '!be propertY was zoned R-2 and ten
units were ..1l~ eo be built on the~. I ttoJqht ten units were too
many and decided on a to IMke the area less ~ and be well within the limits
..1 1 ~. I wanted to consc:uct ~ dur;llelGlls with nice teatureS sue!!. as garaqes
with bric.'t fllCinq, 5aI8 units '..nth porches, beautiful ~in; and t..'"88S.
Features that would add value 1:.0 the ~ and not det..""3Ct fran the sur.r;ound-
inq area value. I have aqreed 1:.0 all of the i:xJrouI;h's ~ acd .............
erx:Ia.tions. I have dens everythi.nq I have been asked to eo. To date, I have
spent close to $16,000.00 of rtrf r;:e..."'S011al i1D1eY on tecbnical '.\IO%:lt and legal fees.
Sc:11e of the people living nearby are concez::1Sd. I feel they have a right to be
ooncsrned if I we..."1l building sansthinq~. I eo not interid to ~1i1""a
"shcl! box". I have spent a lot of tine an:i care-"uJ. =widerat.ion on the design
of the future duplexes t:o o::rne \Ip with SCJlIlt:.'ti.nq att..""3C""..ive and ...oulA fit in
nics.ly with the a.r:ea. ! Clave l11lt: with ccncsr1'l8i neic;hbors to di.sc'J,Ss this.
by knew t.'1e property was zoned R-2 for a lonq ti!IB aDd had I?lent'/ of tiIIB to
make an effort to c:ha.D;e or 1?Utt:-'lase it.
I agree with the borouqt! staff that the R8'of requi.rellImtS for Ca1IItarY AvernlIIl
will ='/ the traffic. IoDst all of the ceaxi:ly residentS de not have young
chi.ldren and with the layout of the steet it would be a. low vo.llme a.tU for
traffic J.i.l<e lUlst any ot.'1a::' neiqhbo.rhcod.
I will offer to give up rrrt purc.'lase w.lt...~ if the cearlly ces1dents WlInt to
buy the pzoper'CY and fully reiJl1m3e lIB tTlf expmses. I be.l.ieve in .m!rlca and
t:bB idea of Free Enterprise. I am a. ~ llBI1 t:yinq to IIIIke a. livinq. I
have the right to purdIa.se the ~ aai Mrs. ~;".. also has a. right to
sell her ~ eo IlII. I ask you to """CO;"'..'" this 1IBtt.er in rtrf favor.
'lbank you for your t:.in.
Since-"1lly,
}L~.
~~
..
.
. .
",...~
230
,.-,
Louise &Del John II. Broujoll
78 B. Ridqe Strllet
Carlisle, PA 17013
717 249 3048 !AX 717 243 9227
llay 10, 1995
Sorouqh Council
33 We.t South Street
Carlisle, PA 17013
R!: Robb.iDs/Windsor Proposed CevelC9JII8nt
Oear Council:
t represent the citizens of the !ast ilidqe St::eet area who oppo.e
the above developlll8nt.
!nclolled is a li:st of persons directly involved by havinq
properties bord.erinq on the alley lalown as Cemetery Avenue &Del
others who live in the aaiqh.borhood which is affected by the
chanqe in the character of the aaiqhborhood by this develo~nt.
Contrary to the statllDl8nt of the developer that there is only one
requ...t for waiver--the 34 foot riqht of way for the requi.rlld 50
foot riqht of way.
Therll are at lea.t three variations from the Code.:
1. The request to I1S8 a 34 foot riqht of way for the str_t
in.te.d o~ a 50 foot riqht of way.
2. The u.. of a 12 to 14 foot riqht of way in the alley off
Ridqe Str.et~ wbiah create. a serious and potentiaJ.ly llf_
."danqer.iDq conctition for two vay t::aff:.c and even for one-way
traUic:. The natuJ:e o~ the location of. qaraqes and buildinqs OD
the alley c::.at.. a. hazard.
3 . The ai:l.8DCe at a sidewalk on the aorth side of the propOlled
.t.:c.~. Where childr.n are concerned-both thOIl. ot pr..ent
property owners and tho.e of any of the propolled hoa.e.-u:C."
of the sate haven of a sidewalk from vehicle traffic: ri.lU
injury.
". The proposal violat.s the intent all laid out in the Zonina
Ordinanc8:
A. Section 255-12: AD alley is defined u '. JDiDor -y,
whieh II&Y or II&Y aot be legally dedicated, and i.s l1.ed priJlarily
for vehi~ saniee acce.. to the rear side of p%'CllertJ.e.
ot:heniJIe abutt:i.nq OD a sceet.'
B. Section 255-21:
"The intent of the R-2 *diWII D8JUlity
.. 231'
.'....,
,,-...
..
Re.identi&l District is to:
A. Provide for the orderly expansion or areas that
offer residential neiqh.borhoods at a medium density."
B. ...carefully control the types of housinq to
ensure compatibili.ty with existinc:r houses."
C. Carefully protect these axeas from uses that may
not be fully compatible.
Section 255-2: Intent and Ob~ectives Zoning .was adopted
with reasonable consideration, amonq other thinqs, of the
existinc:r character of the various areas within the Borough of
Carlisle and their respec':ive suitability to particular uses..
Section 255-8 Intercretation II. . . the provisions
of this chapter shall be interpreted as the minimum requirements
for the promotion of heal~~, safety, morals and general welfare.
Where this chapter conflic':s with any rule, regulation or
ordinance, the greater re~t=iction upon the use of buildings or
pramises...or upon requizing larger open spaces shall prevail,
regardles. of its source."
5 . Approval wou.l.d sanction turninq alleys of the Borough into
sereets for development requiring alteration of one qood pl~nninq
requirement &fter another.
Whenever there is an attempt to circ:umvent good pl"""; "q
technique. by forcinq a developlllllnt into a place where
development was not intended, the planner is forced to start
alterinq other sound pl~"ni nq requirlllll8nts and the BorouCJh is
a.ked to grants chanqe. where the ordinance and good planninq
never intended that there be changes.
'rB! PRO'rES'rAN'!S ASJ: TBE COUNCIL TO 1I0LD A PUBLIC IIEA1UNG on this
i.:IIue becau.e of the .erious precedent that it wou.l.d .et in the.
Borouqh for C~mM;nq buLldinqs in alley lots without adequate
consideration for the existinq character of the Ct"l1lllll11fti.ty and
protecti.on of our youth.
yours,
pl'ote.tants
I
233
MINUTES
C~LEBOROUGHCOUNcrL
RobblDl Denlopll1l1ll
July 5. l!I95
COUDeilma1l Owens c:tlled tile mec!1llg (0 OM :l& 9:30 PM. The (oilowing members oi COUDeil were
pnlHnl: Chenek. Oionlllno, H.rm.... Ocker, Oweos, mcI SpitZ. Also preaenl were: Soliciwr Sl:borw,
MllUpr BOl111. Public Worlcs Director ~iscr, PIllllDialliZooittl/Cildes Mat1agOI' 0011111I, md Sec:re1llY
LAy.
Mr. Owens swed thll the purpose (or tlti.s moo!1llg is 10 discuss Ill. RobbiDI Prn>,ltItY DovelopmenL Mr.
Owcns explliDed tlw if COWICU vora ror 3pproval tIllllthe prelimlury subdivisioD iIIId land developmellt
pllll willllO into lIiCtioD. SolicilOr Schoqlp swed tIlll tile pll11 meelS ill of the rtqwmnelllS of the
Borou&!l's SubdiVlSIOD and Land Developmelll 0nIitulDce W1t1l Illc OICO\laOll of thtee irem.s. II wu his
OptniOIl that the use proposed by lbe platt meeu the requiRmeDu oi Illc lonillll On1iDl1I1CO. Thereiore. lbe
rJuee delieienClN wl\ich 3ppelll3lO:
I. The IlIl:k oi lbe required '0 fOOl 'N1W:l rigbl.oi.way for C4m.lely A venue whicb is belllg
cOMposed nOl :IS iI1I aveDue or :tIIey bullS beiDlI proposed 3S a loc::U screel md WIll be a loco.l
screel after II is tUlly developed.
1 The plan does nOl depicl curbillg 00 tile north side oi Cemelely A venue.
3. Tho plan does nOl depiCl sidewalk OD die DOnb side of C4DlClely A venue.
Therefore, if il is CaUDeu's desire to approve tile pre!imiJwy piau, CoUIICit mllll SJI1II what:n ellnsidenld
10 be modificanollS oi slll1dD1ds. Council would be SJI1IliDl a mCllii&:ltioa of tbe rtquiml riabt-of....y
wicldt sWldJrd lII1d a modiflc;WoD of tile s1l1l1dlld reqwriul curbialllld sidewalk on lhe lIon1l side of
c..1I1Al1erY A VOI1UO. Thmfore, if mere is a mollon to ~ il mUSl iDc.Iude lbe 3pplOvaI of tIlose dImI
modilIcDtions.
Mr. Ocker 1W*! that there were 10 coodiriollS. Mr. DeII1Iis UlI1ICd dill tile developer by siped lIIId acreed
to all of tbe COlldiriollS. Mr. Ocker made a motiOll ro '1'1II'O" lite subdivision aDd laud deveJopmelll plan
willi modi1lcarioll ill lhe lilrelI deliC1lllt areas subject ro tile lII1IiCbed 10 conditioo.s. M.s. CIttlnok secoDded
lite morion.
AfI<< a roll call VOle tile motioD pwed , co 1 '.vith Mr. Hamata voWll apiDsa tile morion.
Mr. Sou swed dill lite apanmeDI builclittgaelt door is beitt,101IOYllCd. Ha received a 1_ from
McCowl Homea requesliDlJ to QJKO SC3ffolcliDlI ill lbe aII.y befwceD \be Borougb builcliD, iIIId die
aparattent buildiD" .micll would clOM tbe alley. The 1_ Ulllllllllllbat die scaffolcliD, would be ill
pIKe for 7 ro 10 days.
Mr. Giordano swed that a time limil musI be SOL He mIde . motiOll lO cIOM lite aII.y up ro 10 workiDt
days elcludin, b..s weI11ber. Mr. Oclter SllCllllded 1M moriOlL All aY' VOle.
n.. _tin, wu adjourned at 9:'0 PM.
Cf:2tJ-'f , ~.~
Robin 1.. 0_
Cl)III1Qj Vice-PrIeidInI
~' tll~ 1.)r.u/
~ O.l..1y f
Boroup SecnllrY
(Seal)
234
CONSENT TO SUBDIVlSION/LAND DEVELOPMENT
PLAN APPROVAL WITH CONDmONS
RE: Prelimin:1ry Subdivision and Land Development Plan
Robbins Property Development, Windsor Building Company
(REVTSED)
Staff' rec(............rI. thu tbe C.1riisle BoroUib CouDcil apprcMl tbe above n:ti:raK:ed
subdivisiallllali dlIYeIopmc:m plan subject II) dID lillIowiDg mnrIirinn,;
L Pwmant to Section 226-29 ofth" Subdivision and Land Developmem Orriinonce,
appropriate street: trees shall be planted at imervals of not less than thirty (30) &et: nor
greater than fifty (SO) feet within a tree lawn oh m;n;rm,m width offour (4) feet. The
plan curremly depictS six (6) street trees. With the curreDt spacing, two (2) additional
trees are required to meet this standard. Such treeS shall be shown on the fina1 plan.
2. Pursuant to Section 226.21 (B-I1) of the Subdivision aDd I..1nd Development
Ordinance, the developer must ~ to enter imo a development agreement and provide
the flnonci:d security required to guarantee the COJ1StI'W:tion of all public improvemems
proposed for the land development.
3. Pursuant to Section 226.31 (B-2) of the SubdiWion aDd LaDd Development
Orriinonce, tea percent (10%) of the total tr1l:t shown on the plan, orO.11 aaes shall be
dediC"tNl to the Borough for public l'CIQ'e\tri~1 purposes. Such landlDU3t meet the
reaeation area location criteria established in Section 226-31 (C) and shall be shown on
the fina1 plan. In-lieu thereot: the Borough may, upon agreemeu.t by the applicant as
established in Section 226-31 (E). accept the COIISauaion ofrecnlation.!icilities, the
payment offees in-lieu thenlOt: the private reservalion of!alld for reaeatioaal puIllOses,
or a combilllCion of the foregoing. Upon such ~.. the fee to be paid in-lieu of the
required dedication oflaad shall be Sl,1oo (Le., "'\Io'lotNl at the rare ofS10,OOO peraae
for each acnI oflaad required to be dedicated).
4. Pursuant to Borough Public Worla SlaIIdanl Specilicazious, curb and sidewalks shall
be designed to pus stonawater beneath the sid8walk rather than over the sidewalk. Sw:h
design shall be s.bown on the fina1 plan.
5. Pursuant to S<<:tion 226-19 (Y-3) of the Subdivision and L.md Development Orrli.......~
the proposed tat of the iasttumlll1t cnlIIIiag tbe proposed uD1ity easaaems shall be
submitted for review aDd approva1 by the Borough Solicitor. Such instruments shall be
l'llCOrded prior to recording the fina1 plan. In Mlditioa, a DOte shall be piaA:ed OD the t1na1
plan swing thIt the proposed Sllliwy sewer sy!UIID locar.ed upsnun from proposed lIIlIQ.
hole 30J-A shall be privasely owned and rn.;......-I
~"."'1
235
o. Punuam to Section 226-19 (A-19) ot'tIIe Subdivision IIId Laud DewlIopDlOllt
Orrlinant'e, all water aDd sanitary seww ssvice Iaun1s sbalI be completely shown OD the
final plan.
'I. Pumwu to SectiOD 226-19 (A-I7) of tile Subdivision and Laud DllYdopmear
Orditw1c:e, stop sip and street aame sip "II: ;"1 Borough Public Works Standard
Spec:iiic:aziOIl3 sha.Il be shown at all imerseclioll3 on tile fiaa.I plm
8. Punuaat to Section 226-19 (A-I7) oCtile Subdivisionand.UadDevelopmeat
Ordinance, sueediglning meeting the requiremeaa of Sec:tioa 226-23 (L) of the
Subdivision ami L.md Development Orrii.......... shall be shown on !be 6aa.I plan.
9. Punuont to m. requiTlmmrs of s"ctiOft 226-13 (H) of tIw SubdMsion and Land
D.w/opm.nr Ord/1fQ1IC., "NO OUTLEr srgn,r shall ~ posud at tIw mtI'aIIU Ie
C."..tlry Av."," from a.dford Sm.t and "DO NOT ENTER" sigm shaJ1 In ptMtId at
wstml tlrmi7ru3 of m. eart_st s.ction at Cil1MWy A_ whMn it i7rt6n<<:rs with tJw
rrorth-sOllth s.c:ton of Cem.tlry Awmur. 1M sight distDncs at rJris mun.ctton is
obstruct", by an aisting galull'"' which if sirum.d Oft tIw C017IU of tIw right-of-way.
17ris posting will prohibit whicJ.s from tl/mirrgjrom tIw Iart-W< srction of CIl1Mt6ry
Awnu onto its 7IOrrh-l/OUth S.cDOn. 1'1ri.Jwill not prohibit two-way rrafIlc a/onr this
~ctton for m. nsidlmtiDJ propcniu fi~ on S. HIJII01IV Sm,t. PunuDnt Ie s.ctton
226-/9 (A-/7) ofm. Subdivision and LandD~ Otriihwa, u..s. slgJU shaJ1 In
shown on the jinaJ plan.
/0. Pvmumt to s.ction 226-Z3 (A-7) of. SlIiJdMsion andLandDrM~.__J
Ordinanc.. tJw Iart-wst ~ctton of C61MtI1y A_ shtzJl In rmt:11Md an m. ftnaJ plan.
By si&DiD& bdaw, I bcreby allII:st: tbII& I baw rad dIr: abcml mci do \llAutoud mci aca:pctbesa
.....-.;"." ill' approval of tbII ahow I1Ili:rtItaIi pJm.
sir71:CI;!:t~.~~.e of!1~ I~ /i9r'
~ /'J-.. ~u.J-
NIIDD of Appiiclar or Appliclm's Lv. ..:..
I'
--
State of Pennsylvania,
County of Cumberland. ss:
,"'" PROOF OF PUBLICAT!QNt'"\
JUll11995
11 ~q.QlD
Marian M. welsh ofTHESENTINEL,
of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of
general cIrculation In the Borough of Carlisle, County and Slate aforesaid, was established Oecember 13th, 1881,
since which date THE SENTINEL has been regularly Issued In said County, and that the printed notice or
publication attached hereto Is exactly the same as was printed and published In the reular editions and Issues of
THE SENTINEL on the following dates, vlz .
Copy of Notice of Publication
,
10
Publlo Notlc..
I~~"~
NOTICE IS HEQl8V GIVEN .t..t tf'I. Clrtl... I,
lereytll C,uMI' will mHt on W.dn.IdIY 1
J4/Jf a. '115, 1":30 p.nt, In"'" Town HI" 0;
r C"'I". MunlC'P" 81.1.,1"" S3 W. Soull'l '
net, c.rNII~ CumbertMd COuntV. F'enr\lyl~ ;
...tINlI,... wtIcft Mm..nd... p'*lo helrItIQ
lie _ on I prallmlnOly oulIdlYlIIonlllncl I
*.~ pfan .ubmttted by .'- WlndIGI
IulIdltIg Company lor 'lie A_ ~_"Y
~.ftl toollld on-C.m.tery Av.nu.. '
............ public ""-" I puOlle mootInG I
of 1110. Cou",H Ift.IU. conduol'd ,1 '
....ofIIIiII.lIonm..,IMIak. enon_.........-
--- ~~.
....,...ofllClU,bu...... ~enl pI~
.' ..,' ....,..;.'...
~ Imom,llon OM b. oblainld from
~1Idtna DMllcm 0' tf'l, Cltfl... 801'0110"
...-_ Won. Departm.nt. Allnl.,....d per.
ton niWlCed IOltllInd I"" pubMo Mating lAd I
:::.. ~ENNI~' .' 1
~odeM""ClIr
JUliE LAY
10<..." s........,
June 20, 27, 1995
" ,
Affiant further deposes that he Is not Interested In
the subject matter of the aforesaid notice or
advertisement, and that all allegations In the
foregoing statement as to time, place and character
of publication are true.
-7p~ ~ MU
7/6/95
Sworn to and subscribed before me this 6th
day of J\llv ,19 95_
.1A)t4 7: ~Ub"C
My commission expires:
.
14'3'7 FLOWER MORGENTfR. FLiJt.JER L.INDSAY . 71n49!l~
llU'~l - ;~_. ~"" Ja. Qllray .. ~".U" Tll _
:il43al511a
lONN H. '.OUJOI
"UlaT x. 12IUlOY
c:aralIftlPIID e. HOUlTON
8ROUJOS, GILROY" HOUSTON, p,c:.
4TTOIlNIYS 4T LAW
. NOaTH HANova 1TIlD1'
c.uwILI, PUlNI\'1.VANI,\ 17011
72'.UIo4I7.
11,.,.,1_
'AXa UI ....,.,
Apdl 26, 199'
Borouah of carUaI,
PIIlllUDI COllUlliaioa
'3 W. Soudl StrMt
C.lillo. PA 1'7013
.
REI h11ad.all71ubdlvtaloa LIIId Deftfopnllllt PJ.q .bIUe Pro...., Devtlopllllllt
Dar PIII1I1IoI Commiuion:
I 11II Ipulrin. tbr molt of tIIo propony ownon to th, ner ot IUd" SUitt 011 C.utery
AVID. ft'oIrdr1. till propoMd devolopra.lI.
Th, pmPtftY OWDIrIIN IIICtd U 1UIch,d.
W. II1It with tII, devIIop.. IIId IN oppoMd III die etirt devtlopmonl pJaa.
The subcliviliOll _ :IOaiD. otdhwle. of lb, BORluah lIfIVor iznoadod for CODItl'UCaOD of
umi.detac.b.d duplllCll in tIl, rear 0' sin", fuaily hoUIII borderia, on . ...vie, aI1ey which
wu illNadecl u , WYiee al1ty only and ISOt ... subdlvilioa tborouahflN.
The lOti... o.b¬w of Ii._ StrMt it .mllo daru:hed clMWap. tKCept for 1W'O dupl....
OIl' on IIch ade of IIdp Streit. 111.. ~ dupl.. hat OIl . ClauI., streit IIId Dot on III
&111)' .
CIDlItIIy Aveaue i. aothia. mON !bin . IWfOW alley flltladecl . &.....nee all., 10 lb, rear
01 txieciJl. ham.. It WU Dot intIDded u . IlrMt OIl which .pI clllpl... could bo buill
thl obIncter 0' till ... to die ....01 till dwtlUap co BIll lUqo 5trMt i. lIOt _deD1I1I,
It i. & MrYioe... It i. . Otld _bad caly 0tII pn-<<llliq 1l0IHIO.ltu.mia. \1M of .
ftOWll' vtI&dla.llIaWty, wblah b.u b.. dflCllll1lAud ftlr ~. tift y.....
The ham. 11011, IuI lUcIa. 5.... WIt, pureblMCt '/ridl dI, lIIIdenlaadIa. dial Ill, IN. to tile
t..,. IlOrtilllll 01 tlI., boJa. 'NIl reaidoa1ialaad priv... na.. 'NIl 110 uademaacUn. :18 the
04.127/95
14.311
~1.OWER MORGENTHA. Fl..CLIER LINDSAY. 71.7249!5537
GJ03
.~
tilt)' may l'IOllve liquid Aiel. tel AID. tor till liley, Thl o.aJy reIIOIl it curia. tIsI ft8IIlI of
IvtIIU. i. to rlOlivI Uqutd AI. file fbndl. Thl tppllClllt &bould bl Nqutnd to aubmif prool
to till PIIIlIlin. COlllmlulOll dill Cun.cary Av.WI ku bee acctptld u a Boroqb road. rn
Iddldoa. till IIlPIIClIIIt Ihollld b. requirtd to Ihow 'dIat tile Borouah hu IlWAtlinld IIld
plowed thl alley, IfFectiVlly It not le.llly. tIl. Borolllb _ IblDcIoalel Cemtttry A VIIIIII it
it eVIr accepttd it. III addlUClD, wollld dll loro. be IIAdena1WI. thl saow plowiq ot
Ctmtttry AVIIl\ll if the propoaed developme, i. IppI'Ovld? Snow pJowia. reqWreI a lI1n1
IfOUlld. NaviptiD. dI, riaht bad lIInl '* dI, llOnb'W_*.. comer ot lbe development nlay be
ditilcult if not impoaibll without II1IIIipulatioa.
,
The privacy ot 1*10III in their baclcyardl &Ion. Bat l1dp Stnet 1I10wd bl prowcted. 11111
ia part of 1Ivlq. At I... two at d11 born.. have l"III' laral wiDdow txpolllrll that would
oompl'Ollli.. their privacy. The noie. level would b, IlIbll&Dtially anlf., IIld dI, tramc
IIltivity would &grIYIItII dI, IlYin. ccmclitiou.
TII. wUVII to inltllJ curbin,lDd sldewal1cs 011 dI, lIOnb aide lAdlCltll th.IISa.! difftculty of
ICCOmmocWiD. thi. dtve!OPDllllt IPPllldaae into till rear ot a residetill area. II the
applicant... tba dellwellta will Dot be utilized by tII. reeid.. on !&It llld,1 StrMt, the
appliClllt i. compl-.!y d1VOZl:ed hem realIty. The KrttziD. childrell cd other neipbamood
children have rIIIl \Ill aad doWll dw uley tor yell'J. Iy puulaa . siellWllk 011 the aoulb sleII
only, th, chilclrea will b, eempelled to UN tII. soudllidlwtlk &lid crou thl ItrIet to let into
tAt rear ot dI, iut JUd., Sltllt propll'd...
TIll wUver of pllllillll ourbiq ill bee.... it wollld Cftllt . ItIDrIlI watI' problem l'lIiaea the
qlZllliOft ot wh.,. dll stonD WItIr would the 10. Wok of curillnl 011 the north sid, could
or... problem, toz dll flIU' ot Jut R.I. Sll'IIt propfl'tl...
It ia iroaio tIw Ib, 80ro"", stUf Polley BritilD, SUDlIDIIy impJi.. tIw . modlll_on ot
ordiDlIICI reqWnmeatl i. juatlfled "II dI. Illlra.lllllorllla1lat wiJlllCICf 1IIIdlIIlwdabip
b,cllIIt of peculiar COJIcIltlona . . . " Th, IIDdu. bardlblp. .. IIlI'lrtIItly viewld hem tlse
_dpoint 01 11&1 c1w.lopmWlf owa.,. &lid Dot ot dll tIIiIflDl ownlfS. Th, UIIcN1 haniabip i..
ill tict is upon thl Millin. ftlidema.
i
SIDet Slotiotl 226-I<I(A) ItItII lb.. "tb. modi11calcm Ihould lIot b. coarnry to the pllbllc
iJmrIIt IIId lbl purpo.. of &lid illtlnt 0' the ordllllllCl," tile PIO'-*' c.ltl tbi, . jUIDilcatioD
A'lt objtcdoa of the propolld develoPllllllt.
Pro1utwI aUo ... tbaa 111, Borouab not CODstder thl addltIoaaI flVllllI' received tram tbi,
dlvelopmanl u . ...... tor lppI'OYaI.
ra .d NClOIIu:a.aaoal, r do lICIt - Illy recol1lDllllclatiOll tal' laadaClpjll1 0' ,"""ilia of
.,. /dad to Provide 10 Ib, property "'WIlen lrozstina 011 Jut llld.. Streit dI. pftVICY eo wfllda
.., III IIltitlttl, 'tIrdI- 01 wheda. it It rlCl\lilld.
Widl ,.,... to pnrlCl... WI poun Ollt tbat IOGI, y.....1IO dI.. wu. 1lJ..jlt 10 c1weiop
dI, potion eo tht fill ot Iaat lidp Siner OIl tII. nonll tide, wbIda 'NIl deaild. I b..l.....
"'4;:27;"'5
101'39
!'LOWER MORGEN~ FLa.ER LINDSAY" 717:24seeB7
004
tIw till P1111Diq Co......iuion IIld the BoroucD auld mrl,w tIIi. dtellion to dlNnnin. the
rtIIOlII to trelt WI II I prececleat tor dlllyml dlMlopm... a1on, I strvive aUt)' ....
Th, staft' ill i.. Policy llilftnl Summary hu f'&lllld to brinllO the Plannill' Commiuion'.
utllltlOIl the following:
A. Alley i. detbsecl II "I minor WI)'. which IDI7 or III&)' not b. IqaUy dldlcattcl, ud It
IIIId prilllllily tor V4IIUClII!u strvive lCeUlto lIIe I'8Ir licit of propeni.. othllWlH mUniD, on
I...t" Stcdon 2.5.5.12 ot till ZOllin, Code. 11un III dO two weyt allow it, CIlllIIery
AVIIIIlI i. III alley IIIId primarily tor IllViClIO tile l1U .. 01 pIOptni... 11Ie propoad
develOpmlllt tIIDItbrmI tIIi. aU.,. to I ftancUCIIl primlrily lor ll:eUlIO I holllill'
developmlllt.
B. "Th, iDtItlt of tII, 1,.2 Medium Deaaily ...._rial District i. to: A. Proviclt for the
onIerly _utlion ot.... that oft'er relicltatial uiabborhoocb Il . m.cUum d.lity," SlICltion
2.55-21. 111, prope.ad devalopmlllt do.. Dot proonclt!'or III orderly explll.lion; on tII.
OODtruy. it il I dUont.ly tllpllllton.
C. "Th. inllllt ~ 111, 1\-2 MedlWft Dlnthy ....da1ial Dlftricr it to: '" D. Clllfully
CQDuo.I tII. !)'p" of hollli.q to tllllII'I compllibillty witll m.ft... hl!!,..." StodOD %55-21.
Th, propo.lId tWveJopmct it not compltibl. wtda ailtiDl bouIinS. The sd abould have
pojmtcI out to III, P1I1111iD, CollUlliuloD ad tII, Pllmdnl Commisalon should IlOW oouidar
III.. III.. i. . distiActlOII betwta a lI_ittlld \WI (lIlIlldecaclllld dwtIUoa) .d tile 1......t1~
md "'....... at lB. oI..udltlCbed dWlWaat compadbl, ~. tII, "1lIU" cd tile "1KiIdD,
holllll." It ia not 11I0. tor lb. PIIlUlinI ColIImiIIioa lad tile aoroush to lay tbIt tbit il a
permitCWd 11II IIld nop th... It IllI1ft tile apply to .. plllDittlclllM lb, tilt ot intlllt . Nt
lonb ill I_on 2".21 cd tII, ovenll objlOtlvu lIIld IOU 01 tbe Zotriq Coc1a.
D. on. 111_1 at dI, 1-2 MlIdiIllD l)lIIlity ....c&.1t1l D1nriot l. 10: ... C, Carltl&lJy
Pf01- tII... .... bom \IHI !bat may QOi be ftI1Iy oompaibJ.." Section 2.5'.%1. Oa lb. tUe
at it, liallt IllDicletlchecl cIweIlinII huddlad 0111 beck 1111)' c.rIIIIped in 011 ODe .e11 by .
rialltoot-WI)' 01 ill.luMcilllt wtcldl, (3" IDllllld of .50') lad 011 tile other ed by I 12.1.' aUey
with I propo.ad COJIf\aaUI. ...way tratllc dinodon lit DOt fIllly CCllllJlatibl. III. ....... Th,
... ill Act should b. -.IIlIly prat-.d i.a IICCOIdIace willa tile illtlD'l at tIl. ordluu:..
I, SlOioa 255.3, Jmea11Dd Obi_we, .... ia tubplfllllPh B tIw tile .IDIW11 "'NIl
Idoplad witll ,.r""'I. oonGdtniOll, IIDClIlI odI.- *iap. 01 the ..i.fllI, .....- 0Id1.
varlOIII .... ~thUa .. Ioroqb ot CarIlIl, aad tIIIir IIIplCttYe SllillbiUty II) pertioular IlIU. "
11IiI prIlJlCIItd UYtIOIIIlII_ it IlO1 conal I_I widl ... ...;.., cIJan_ 01" the IllAad ... 01
IIdp Street ~1bIn tbe IIoroqla 01 CIrlIIl..
"
I, t1IIdIr dI. ... ,...qoa. .. JlIOYiIiaae 01 Ib, f-i", OtdlDaaCI "haw beta
dIIlplld 110: (I) prGIIIOt8, plallllt, ad "'1111II . , . .. pUUc hllhb. Mtety, . , , ,..11
MIllin . . . vehicl. parIUn. . . , aacI oth. requif""ll .... 1'Ilt prapo.... dIwIopment ...
DOt pI'GaIOIt, JlIOCIOt, cd tulIl.. .. IIIIey lid ....... 0Id1. I_II. .d 01 till cIUIdrc
oldie .... boda 01__ .. IIId 01 tIl, PftIpO u ~...... W.!law did Ibollt tta.
0<V27~~
14.40
F1..a.ER l'IJRGENTHA.. Fl.CLIER L.INDSAY ~ ?1}~49!l!5B7
006
lilU ud tIlm WU DO illdlClltillD tIw tIl. prMcy .-Joyed by peopl. ill tUir beoIcylld WQllld
be ilIcradld IIpOft by eiiPt d....lin.. .. could .lIIi.Iy have IIl.at twlnl)' fbur peopl. ovll'lll
ud ptrllapa limen lllIrL III adctitiOll, dltrt WQllld b, tnIIIo ftom I\IIIiI, tnllldl. ..d pant...
n, propoHCI deYtJopmlftt WO\I.Id ..... . IlIbItIDtIa1l11lC1l1Dt o( traffic, mOVtlllct, IIId
cbild &Clivill-.
C_1ItIry Avcu. i. ~wi_ by OODItl'IIctiOlll ... we C1IItOmay 10 . NIl' ..met all"
IIld IIOt IV a ItrMt. POI iuttac:e. tIl.. we ..... dIIt abU* dlrllOtly GftfO the alley, On. 01
du 4OI'Il...... llYC It It _lUd. 011. way, would baY. . tile 1a....QUOII 01 two Ill". 011 tIl.
'oVlIttVn lide of tIl. dIvelOlllllct a prll' .. 4I'1U1I . bUild 0CII'DIr. AIOIIS tII. cu,.
IIOrdlm poniOIl ot CtmIIIry A'VWl1It, ...... uut _. IIld SIl'UCtIII'tI abut widell wollld
an.. blllld IIld dIIl.trOUI ooaclition. tbr CIbl1_ nlllllla. lad playlD. ill lb. neipbodlood.
Th... an pr....tIy a llumb. of chlIcInft ill the lleiPborhood who nIIl up and doWD lb. alley.
Grltldcbilclru of __tI aloaa l!aIt RJcIp StrMt !lOW bave cd willla lb. ftIaan bay.
ICCMI IV lb. III." III m.ir l1IIIDia. ad playlDa. which will llNIIe . very dlaall'OUI coaclltiOll.
Th. atlmpt. to 1II.... a ItrIIt ollt ot thll alley viol.. tbt normal Bonnap requirtlllct !or
M!baob. Th_ it no ... on the northn du ot CallI..,. A....ue blC&lll' ot the
fXiItiD, ..... ud other SlnICtUnI.
Th.. it a l'eIIOll tor _1Gb: aot 0II1y Ulthllicall)' but fa tInDI 01 iiiit)'. Th... i.OII.
blJJld comer or IIItI'IDOeWIy after mother aIon, the propoeed rold !bat would Icd themeelvtl
110 !be . danlaa Q\d'I tnl. ot riIIt..
AIry ItWmpt to malr. . OIl' way sawlt oat 01 th. all." ecUaCeat to the BoIdalr propeny WQllld
IIavt two .eo..... (1) it would iaOODvtnicce IIdtr1)' lad oth. occupatl on Soutb HInovtr
StrtIt wbou ..... Ibm to the NIl .d utIu. 1b. alley tOJ' in.... .d.... T Th._WIy
peopl. pu'tlcularJy, CODIidIl. of Mr. .d" MIl. CoItopoulolllld Mr. .d MrI. xmpklvqb.
.ollld ISOt be oompellld lD lIIIIce lb. joura." II'OlIIId tIul block tor _lb. 1b. ctrlllCt or exit
lD thlir J'IOIIII't)'; cd (2) . . lUIW ot aplri... than win b. 10111. vlbicl.. thlt will
~ 10 taIct a Ibonout out of 1b, propollcl cltvIlopm_ U'yiq IV dart OUI ol1b, lilt)'
ratbar tII. 10 lI'Ouad the blooJc. 11liI will haw a __ey 10 _ IIIOdlIr _1110III
OOIIdItioa. not om)' 10 two OIIcollliD. vlbicl-. bill lD .,. c1illdna that ilia)' b. plll)'ila. ia tile
.... Ia lddltioa, it 'WOuld Nqui,. 1Illo1'Ctlll*lt, wtUola wollld ...llIt ill complalatl &om
-........ ... peopJ. IN YIolalia. .y OIl.WCY ......
1111 dIvtIopmlDt viol... theflq1DllII\llDt oIhaviq. By (50) fboI riPt-ot.WIlY.
ne IIoroutb Cocle WIll DtYtr latIadld to "1I11111~"- C!"'......I". lipt llllitl buo ., pvGIl
of land Ii., IIVUIld OIl a co.... of tile 1IonIqIa. Th. ........... ot laylq out the Boroup ill
...... WIll to ........0_ ctMt1lap IIOftI ... ~ bur DOt 11011I Ill.,..
Ii-uatl.uy, Ctmlflly A....Uti. AD 1111)' tbIIit lIOt repJarIy m.uataiatd _ pJOMd by till
.oraUlll. 11a. .orauP Iau lIot tI'tllStd c.m.-y AvcUl .. a BotouP ..... WIll tho.
. ..
04/77/ge
14.:59
FlI'JWER I'IJRGEN~ Ft.a.ER LINDSAY . 71214~87
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oIIl1dr. IDcllfllldo.blldre of IIliIliq boas.. 011 !lit IUclae Stnet. 'I1II PlIlU1izl.
Commi..on should oouIdet !be implllt OD daildr. wUbfll die prvpOIId 4InIOpmlllt who
wlU bel'llftll.lal lip lad clown tis. alley IIId uolllld die com. DIU the Boltlc:k'. propeny. who
will be wID..le to the veb.loular t:l'UlIo. CbilclnD uanl CalClry Avcl.ll who III In the
way ot. vebicl, 011 Ill. GaI1Wlly wi1l have DO pJac, to 10 011 .. nonblll'll lid,: tJaey wlU hav.
eo cro. lIIe alley ill boAt ot lI'lltIla to lit eo .. IItety of . eiclawalk. rn die SlID. lIc:Uon
IIDd. lUbpancnph C(2). tis. Ordln.1lI bII blMll dllilDld eo "pn\'tIlt 011. or IDOrt of the
followiq: OYerorowdlq oIl.cl . . '. cIIapr md CODptUoD III travel. . ,". nu. iatel1t II
viol_ by dI, propoNd rubcllovlaon.
P. SIClCiCIA 255., OQ Inwprtcatioa lDdl... lbar "lIIe provialODl of lilt. chapell' shill b.
itutrprtClcl u Ill. minimam requirtmID" ftlr me promotiOD otbllllb. SIffl)', moral, lad
lillII'll weJIIrt. WIs.. lbia _tv COIliIlow with lIlY rule, I'Ipiarion or ordlaaac.. lhe
J1IatW rtIIricdOD 1IpOlI1ll. 11II of bv.lldIap or p,-;.., . , . or upoD requlriD, larl. open
.... mall prevUJ, nprdl.. at lillOlIrCI." Wh.. t!aIrt III 10 lDIDy q1i1lli0lll illvolwct in
dIl, mbdJvlaion, IIJo.b . tis. 50' riaJlt of way. tht oa..way IIIty to lb. nOltllwwr. Ibe 1101I: of
two 1iclaw&Ika, IDd OOIIIU"lIlItioa oa _rilll, . MrYIce IIIty. Ill. colllllllllloa 1h0000d strlclly
Ipply all of tIl.. claYiIiOlll .d bd ..... Ib, pro~OI'd clavtIopmlllt, panlCNlIIriy wilb
&'IIP1Ot to tJae ordlVO'IlI rtCl'lIinm.t of "fIqU&rlll.I... ClpID 11I-"
.
Tll.. III oJ_I, requlrtmtlltlllld oolldltloulD tbl, Pf01Iollcl cfM.e10PlDeat tltu could be
PNMlltld to tile 7Ntlnl HllriDlloant to, 1IIlPI'OYIl. StcUoa 2.55., 011 illt..I~Ii"", ill .
~ B. .... dlat "Wh.ever . 11M oJ_ it DOt plnlli1alcl by riFt, by OOIldltioa or
by IpIlIial txoept!on by dIiJ c.bIIItW ~.. 1D tile boroup, Ill. lilt I, prohibiMd in Ib,
borouab, MOIpt dlat tII. IppUlIIDt may appJy (0 th, 2DIlUlI ~, board." Protlllln chum
... altJaoucb tis. III' of ....udlclcbtd dMIliDp 1I1*'lDia.d. the applicadoa 01 tIIa 11M
'0.1_ it not ptnaittld by riabt. by oonclltloa or by ......1 --ru=: eel nquint IODin,
btaria, board dealllea.
n. pro...,. rtq\IM dI. PJaaDia, Collllllilaion 10 DOC to ""'0-.. tis. cure SIlbdJvietoa.
Th. prottettrt NqIlM tIIar the P1I1U1ia, CbDlnUuion cIlrect tha BMr Ride. Street_dent
IIItIlIbtrl&ymoad Boblt rtOIIII himllll &om 'IOtiq oa. 1bfa ltIu.
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ZONING
( ChlP"'r 255
ZONING
ARTICLE I
General Provfllolll
I 255-1. Lone and short IIUn.
I 255-2- Intent and objeedva
I 255-3. Eatabllahment of controls.
125504, Types of eontroL
I 255-5, Eatabllahmoent of dlstrlcll.
1 255-6. Lot slzea.
1 255-7, Zonlne Map; district boundarl..
1 255-6. Interpretadon.
( . 251-9. CompadbWty I.C.... munlelpal boundarlee.
. 255-10. Municipal .- exeepted.
ARTICLE II
DefInJdolll and interpretation
1 255-11. Word ......
'255-12. T.rma defined.
. 255-13- Interpretadon of relUladoltl.
ARTICLE m
R-l Low Density ResIdential ~rIet
I 255-14. Inlln!.
I 2llG-15. VIII permitted by rI.h!.
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CARLISLE CODE
. 256-16. Acc_ry_
. 285-17. Speclalexeepdon_
. 255-18. Are. and bulk ...1Uladona.
. 256-19. Addldonalllelbacka for dweWnp.
. 256-20. Addldonal requl...menll.
(
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ARTICLE IV
R-2 Medlum Denllty Retldentlal Dlltrlet
. 255-21. Intent.
. 255-22. U_ pennltted by rlpt.
. 256-23. Acc_ry_
. 255-2.. Speclalexeeptlon.-
. 255-25. Are. aDd bulk recuIadona.
. 255-26. Add1tIonal letbacka for dwellJnp.
. 255-27. Add1donaI requlnmenll.
(
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ARTICLE V
R-3 HIrh Del1llty Relldentlal DWrlet
. 255-28. Intent.
. 255-29. U_ pennltted by rlpt.
. 25lI-3O. ~ry_
. 255-31. Special exception ....
. 255-32. A.... and bulk "'1Ulado11l.
. 285-33. Addltlonal letbackl for dweUlnp.
. 255-34. Addltlonal requJnmenll.
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25502
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. 2&6-5 CARLISLE CODE
. 2&6-1
:.;;;' . ~,:'~ . ';' ,.>.:.:.; , "
C.) Central BUlilllll District
C.2 Shoppinr Center Diatrlc:t
C.3 General Commercial District
C4 Neirhborhood Commercial District
1.1 General Industrial District
1.2 Lirht IndUltria1 District
INS IlIIItitutional District
OS Open Space District
FP Floodplain aru (an overlay district)
HP Historic: Preservation District
(an overlay district)
.. ~ .. '
. 2M-6. Lot....
Any lot and the o\lE'n spacel and yards NQuired on it mUlt equal or
exceed the minimum sizes pr-=ribed by tItia chapter for the distrlt:t
in which the lot ia Ioeated.
/
i
. 25&-1. ZoRina Map: dfetrlct botmdari..
It. Adoption of Zoninr Map. The anu within the borouIb Umita
u uairned to each diatriet and the location of. boundariel of
the distrlc:ta tIlablished by thia chapter an shown upon the
Zoninr Map, which, lllptlter with all explanatorY matter
thereon. ia decIared to be a put of this chapter and shall be
kept on file with the Borourh Secretary.' u. and whenever.
ehan.. are lIIIde in boundarlee or other matters included on
the said ZoRin, Map. such ehan,. in the map shall be lMde
within nve (5) dayI aftIr the amendment baa been approved
by the Borourh Council. but failure to make IUCh ehanp
within suc:h time shall not invalidalll the ehanp.
B. District boundary lines. The district boundary Iillfl shall be
shown on tht lonin, Map. District boundary Iina art
inltnded to coincide with lot lines. center Iina of street rich.
of.way and allay rilitlKf.way, the corporate boundary of the
boroulh or III dimenaioned on the map. Dimenaionl. when
star.d. shall take pnoedenct over lot Iin... In cut of doubt or
, EdI..... ~"" A ..... " .... Zooloo Ill.., ill._ .. .... .... 0/ ..... ._.
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CARUSLE CODE
f 255-12
1. The words ~ueh u." "includ1!ll," "includini" and .specifically" (~
IIIall provide examples but shall not by themselves limit a
provision only tAl items specifically mentioned if such itel'l1ll
would not otherwise comply with the provision.
'I
M. Where a seneral provision and a specific provision may
conllict. the specifie provision shall supenede the i'neral
provision. unlesa stated otherwisu.
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f 255-12. Terms dellned.
Th. followinr words and phl'l1S8S, as used in this chapter. shall have
the meaninr riven by this section:
ABUT - The marinlr of ~ common lot line by areas ot
contillUous 101.5, except not includlnlr 101.5 entirely separated by
a street or a nonintennittent waterway,
ACCESS DRIVE - A privately owned, eonatrueted and
maintained vehicular lICC1!lI8 I'OlIdway _il1&' more than one C
(1) dwellinlr unit, commercial or industrial \lie. See alIlo
"driveway."
"'.' '", .'."
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ACCESS POINT or HIGHWAY ACCESS POINT - One (1)
combined inrreselerresa point, or one (1) clearly defined
lnrrreu point separated (rom another clearly defined ewnsa
point onto or (rom a publie st_t.
ACCESSORY BUILDING - A subordinate buildlnlr. the use
ot which ia eustAlmarily incidental to that of the principal
buildinr. which is used for an accellSOry use and which ia
located on the same lot.
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ACCESSORY USE or ACCESSORY - A use conducted on
the sam. lot as a prineipal use to which it is related and
located ,ither within the aame structure or in an 3Cc:euory
structure or u an aceesaory use of land; a use which is clearly
incidental to, and cuslDmarily found in connection with a
particular principal use,
25520
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12M-12
ZONING
I 255-12
(-
ACCESSORY STRUCTURE - A strueture. such II a
private prap or private swimminlr pool. Mrvinlr a PUrpoM
customarily Incidental to the WIt of the principal buildinlr and
located on the same lot as the principal buildinlr.
ACT 247 - The Pennsylvania Municipalities Planninll' Code,
Act 247 of 1968, II amended, or its succet!lOr lePlation.s
ADJACENT - Includes contiruous Iota that share a CIOmmon
lot line or that are separated by a street or "'ate~.
ADMINISTRATIVE ACTIVITIES - Any businelll function
in which there is no rerular contact with the pneral publie
and as to whieh no materials. producta, goods or prepared
foods are stored except Cor olllce consumption.
ADVERTISING SIGN - See .Slill" or "billboArd..
ADULT BOOKSTORE - An estabillhment havinlr a siillifl-
cant or substantial portion of the value of ita stock-in.trade or
of the total items of ita stock-in-trade (whichever is more
inclusi~) in books, films. mapzines, video tapes. novelties or
other periodieala which are distinruished or characterized by
their emphasis on malter depictinll'. describina' or reJatinlr to
sexua1 activities or nudity. Th_ items shaI1 include but not be
limited to materials that are iJlepI to sell to minors under
Pennsylvania Slate Law.
ADULT DAY-CARE CENTER - A WIt that involves the
care and supervision of persons who are primarily over lIP
seventeen (17); who are phyaically handicapped, elderly or are
mentally retarded; and that clearly primarily involves care for
periods of less than eiihty (SO) hours per person durinII' the
averap seVlln-day period.
ADULT MOVIE THEATER - A buildinlr. a portion or all of
whieh is UMd for presenting motion pictu.... slides or video
tape disks or similarly reproduced imaaes distinruished or
charaeterized by a siilliflo:ant emphasis on matter depictinlr
human sexual activities for obeervation by pel'llOns therein.
This shall include but not be limited to any theater thet shows
anyone (1) or multiple motion pictures that have received a
I .EdUop', NOW'! ~ .1.1 P.s.. IBl(11 .1 wq.
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25621
3.:tJI. II
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ratinr of "X. or su_r ratinr from the Modon Pleture
Auociation of Ameriea or illlsueeesaor orpnization.
AGRICULTURE - Includes .crop tannin'" and .animal
hw.bandry." See definitions of each.
AIRPORT or AIRSTRIP - An area ot land which is
desirnallld, uaed or intended to be used tor the landin, and
take off of airplanes or ultralfl(ht aircraft, and any appur~
nant arus which are desirned to be used tor airplane support
taeilitles such as maintenance. muelin, and parkin, tacilities.
Airports and aintripe shall be approved and shall mlltt all the
applicable slate ~Iations.
ALLEY - A minor WIlY, which mayor may not be Ieplly
dedlc:ated. and is used primarily tor vehicular service _ to
the rear side ot properties otherwise abut tin, on a street.
ALTERATIONS - Includes but is not limited to the
foIlowinr:
A. All incidental chanrw or replacement in the nonstructu- r
ral parlll of a buildi11l or other structunll. \....
"
. 512
CARLISLE CODE
. 256-12
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B. Minor chanl\llS or replacement in the structura1 parta of
a buildinc or other structure. limited to the tollowinc
examples and others of similar character or extent:
(1) Alteration of interior partitions to improve livability
in IlOnconforminc residential buildinrs, provided
that no additional dwellinc units are created
thereby,
(2) Alteration of interior partitions in all other lYI* of
buildinp or other structures.
(3) Makinc windows or doon in exterior walls.
(4) Strenrtheninc the load.bearinr capacity in not more
than ten percent (10%) of the tota1 floor ana to
permit the I1CCllmmodation of a specialited unit of
mvhinery or equipment.
25622
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. 266-12
CARUSLE CODE
5 2S6-12
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AUTO REPAIR GARAGE - Buildlnlll and land where
~ repairs of motor vehicle are conducted. This 11M may
a1Io Include retail salo!ll of IIIIOline and auto parts and the
,torap of vehlclea bein, currently serviced. M~r repain
Include mejor mechanical and body work, strail!hteninl of
body parta. paintin,. weldin,. sto...... of automobile not in
operatin, condition or other work involvinl noise. "are,
turn.. smoke or other characteristics to an extent snater '''an
IIOnnally found in service slatio1\l, For the purpoltl of r.ltis
chapter. this .hall also Include c!Qeely similar repain of boar.s.
AUTO SERVICE STATION - Buildinp ....d land U'tl1lI
where Jl1IlOline, oil. grease. batterie. tl... or automobile
_rio!ll are supplied ....d dispensed at retail and where
minor repain may or may not be conducted. U. pennillible
at a aervice station do not include major medtanical and body
work. strai,hteninl of body parts, paintln,. weldinl or other
work involvinl noise, 1Iare, tum.. smoke or other char:ll:teril-
ties to an extent IlfUter than are eus!omary and incidental to
the ae1e of paoline. An auto service station may include the
II&le of food and common houae1told producll II a clearly
_ry use. provided that the total parkin, requirtmenta of
Article XXI are complied with.
BASEMENT - An encloeed area partly or completely below
,nde. A floor level shall be colllidered a buildinl storY if
more than thirty percent (30'16) of the perimeter of the exterior
WIlla at the basement ceilinlline are five (Ii) f.... or mo....
above If~"
BED-AND-BREAKFAST - The lilt and 0CCIIJlt.11CY of a
,incl.family detached dwellinl tor accommodatinl tnnIieni
I\IfIlI for rent within the other requinlnentll of tItia chapter.
BLAST or BLASTING - The explOlion of dynamita. black
powder. fuse, blastlnl cap, detonaton. electrie squibe or otIwr
exploel_ as rqulated and defined by the rtlUlatiolll of the
Commonwalth of Penl\llYlvanie.
BLOCK - A tl'll:t of land bounded by streell: a public park;
rtIlroed ri,ht-of.way. excludinl sidinl and spun: lIlellor
corporate boundary line of the boroulh.
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25524
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. 256-12 CARLISLE CODE g 251).12
BUILDING LENGTH - The horizontal measurement (
be~n the two (2) mOBt distant portiona. other than portiona I
mlllured dilll'Onally. o( anyone (1) buildinr or o( the total o(
two (2) or more attached buildinp.
BUILDING LINE - The line n1nninr parallel to the street
line such that it is closest to the street line while still touchinr
the nearest portion o( the neareet buildinr.
','of ' ;: I. ,,', '::,.." ','., .:" ,.", BUILDING SETBACK -- An area o( land measured a
speeifie distance from and panJleJ to a street line or lot line.
',J' within which no buildinp shall be placed, except as expresaly
pennitled. See poeaible reduction o( front yard setbacks in
. 255-172.
BULK - The cubic volume o( a buildinr.
BUILDING. PRINCIPAL - A buildinr in whieh is conduc.
ted the principal we o( the lot on whieh it is located.
BUILDING WIDTH - The horizontal measurement between
the furthest portiona o( two (2) struetural walls 0( one (1)
buildinll' that are l\lIRerally parallel. measured in one (1) C
pneral direction that is mOllt closely parallel to the required
lot width. For a townhowse, this width shall be the width o(
each individual dwellinr unit.
CABARET - A club. bar. tavern, theater. hall or similar
place which (eatures toplesa (emale or bottomlesa male or
female dancers. entertainers or emplOYe&!; strippers; simulat-
ed sex aclI; or similar entertainers or entertainment.
CAMPGROUND - A wse thllt is primarily recreational in
nature that involves the wse o( tents or sites 1_ (or
recreational vehicles for transient and SIMOna! occupancy by
persons recreatini' or travelers. or the wse of tents or cabina (or
. seuona! occupancy by orpnized rroupe o( persons under lIP
.,,'
,',.,',' ". ei.hteen (18) and their <:ounselors.
". "
CARPORT - An open space (or the sto~ of one (1) or more
vehicles in the same manner as a private prap. Any
"carport" <:overed by a permanent roof shall be considered a
build in.. If the permanent roof is attached to the prineipal
buildin.. it shall be considered to be part o( that building.
25526 (
S.ZI...
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I 265-12
ZONING
I 255-12
("
CONDOMINiUM - Real estate, portions of which are
deeill1ated for Stparllte ownership and the remainder of which
is deeill1at.ed for common ownership solely by the owners of
thcee porti01lll, created under either the PenlllYlvania Unit
Property Act of 1963 or the Pennsylvania Uniform Condomin-
ium AcL' To ensure adequate provision for maintenance of
roads :ll\d shared taciliti., development of condominiums or
conversion of an existinll' de'llllopment into condominiums shall
always be treated as a subdivision and land developmenL
, '
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CONSTRUCTION SITE - Trai:t area.
CONVENIENCE STORE - A use that primarily sells both
routine household goods and prepared foods to the general
public, that has a total buildinll' square footage of less than live
thol1lBRd (5,000) square feet and that is open lonll'\!r than
twelve (12) hours durinll' the average weekday.
CONVERSION APARTMENT BUILDING - An existinll'
buildinlr converted into rental dwellinll' units.
COUNCIL - The Boroull'h Council of the Boroull'h of Carlisle.
CROP FARMING - The cultivatinll', raisinll' and harvetrtinll'
of products of the soil and the storage of th_ products
produced on the Pnlmises. The definition of crop farminlr shall
also include orchards and Christma5 tree farms, but shall not
include animal husbandry, commercial forestry, ridinll'
ll:lIdemiee or kennels.
',.::t:, "".
<..
CULTURAL CENTER - A buildinll' and/or land open to the
public which contains exhibits of clearly artislie or cultural
intel'tllL such as a museum, art pllery or indoor nature study
ana.
',:<: ::
DAY.CARE CEw.'ERlCHILD NURSERY SCHOOL - A
uae involvinll' the supervised c:are of children outside of their
home under age iixtetln (16), clearly primarily for a period of
eirrhteen (18) hours or less. This use may also include
educational programs that are supplementary to state-
Nquired education.
· _. _ ... III P..C.U I 3101 .. _
Li:
L
25529
S.II...
/7-0
""'"
1"",
(
I 255-12
ZONING
I 256-12
(
wute material of any kind that does not operate under a
lIIIIitary landfill permit iSllued by DER and that does not meet
the definition and requirements of a junkyard.
DWEUING - A buildinll' desiened or U5ed as the Iivinll'
quarten for one (1) or more family.' The term "dwellinll'" shall
not include boardinll'house, hotel, motel. hOllpital. nursinll'
home. fraternity, sorority house or any sroup residence. A
dwellinll' may include a dwellinll' that meelll the definition of a
"modular home."
DWELLING, MULTIFAMILY - A buildinll' desill'lled and
OCl:upied as a residence for three (3) or more families. This
specifically includes Il'lU'den aparlmenlll. mid-rise apartments
or slnll'le-family attached dwellinlll. See delinitiona of "prden
apartments" and "mid.rise apartments."
DWELLING, SINGLE-FAMILY DETACHED - A build-
~ used by one (1) family, havinll' only one (1) dwellinll' unit
and havinll' two (2) side yards.
DWELLING. SINGLE.FAMILY SEMIDETACHED - A
buildlnll' used by one (1) f.Jl'llily, havinll' one (1) side yard and
one (1) party wall in common with another buildinll'. This is
commonly known as one-half (~ of a twin or a duplex house.
DWELLING, SINGLE. FAMILY ATTACHED OR TOWN.
HOUSE (ROW) - A building used by one (1) family and
havinll' two (2) party vertical walls in common with other
buildinlll. such as row house or townhouse, except in the C&M
of end buildinll'S attached to such dwellinll'S. which ani also
intended to be ineluded in this definition.
; '.
, :" "~' -, :', >"1.[ ~ I ;':';' ~"
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DWELLING. TWO-FAMILY DETACHED -- A buildlnll'
U5ed by two (2) families. with one (1) dwellinll' unit amutpd
over the other and having two (2) side yards.
DWELLING. TWO.FAMILY SEMIDETACHED - A
buildinll' used by two (2) families. with one (1) dwellinll' unit
arranpd over the other, havinll' one (1) side yard. and one (1)
party wall in common with another buildinll'.
7 '.ell"'" NotlII Drawin.. N'nMn.lnllh. varioUl dwtllln. ''''' ....IrMhIdtd II \M fftd of
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25531
a....
'.
5 2M-12 CARUSLE CODE 5 2M-12
DWElliNG UNIT - One (I) dwellini occupied by one (1) (
family. See definition oC "Camily." Each dwellini unit shall I.
have Its own sanitary. sleepini and cookini Cacilities and [
separate access to the outside or to a common hallway or ,
balcony. I
EMERGENCY SERVICES STATION - A buildini for the
'.'.', houainlr oC fire, ambulance. rescue. police or paramedic
: ',t. ;; h ~ .... ':"'" equipment and Cor related activities. A membership club may
.; ":' '. '.' .
be included as an access1ry use. AlllO. this use may include
houaini for sueh emerrency personnel wttilf/ on call.
"
.,.,.' EMPLOYEE - The ttiihest number oC compensated work-
ers. includinll both part. time and full-time. present on a lot at
any one (1) time during the average week.
EXERCISE CLUB - A Cacility that oflers indoor or outdoor
recreational facilities, sueh as the Collowinr. weirht room.
exercise equipment, nonhousehold pool. racquetball courla and
trainini (or these activities. (
FAMILY - One (1) or more persons [but not including more
than tItm (3) persons not related by blood, COIIter relationship,
marriap or adoption] Iivini together in a sinll'le dwellini unit
and maintaininll' and funetionini as a common household. In
Idditlon. a maximum oC one (1) person who is clearly a
domestic employee may be housed within a dwellilli unit. A
Ifl1UP home shall not be considered a "lamily."
FENCE - A man.made barrier placed or arranged as a line
.' of demarcation between lots or to enclOlle a lot, or portion
thenaC. that is constructed oC wood, wire mesh, chain.link
'" metal or chain.link aluminum and/or plastic inserts. Man.
'... . . .
" .": ::' , made barriers constructed principally of other materials.
.' .'
includinlr but not limited to brick. concrete or cinder block,
shall be considered a "wall." The term "wall" does not inelude
eneineerini retaininlr walls. which are permitted uses as
nfJlded in all Districts. The terms "Cence" and "wall" do not
Include barriers of landscaped materials, includini hedges.
25532 t
1.26...
-,
-.
I 256-12
ZONING
I 265-12
(
FINANCIAL :NSTITUTION - An establishment primarily
Involwd with Ioana and monetary. not material. transa.etions
and that haa 1'OIltine inte1'll:tions with the public, Ineludini
banks. savinp and 10A1I. finance companies and c~it unions.
FLOODPLAIN - Unless otherwise specifically stated,
includes the entire on..hund~-year floodplain. This includes
FP.l (F1oodway). Fp.2 (F100dway Frinet) and FP.3 (Approx.
imated Floodplain) as dellned by I 2S6-110.
FLOOR AREA - The sum of the iI'OlII habitable area of the
_n1 lIoon of a buildini or buildinlJl meaaured from the
interior face of exterior walls or from center lines of walla
separatini two (2) buildinp. In particular. "floor area"
ineludes but Is not limited to the tollowinJ:
A. Basement space, if it meets the requirements of a
buildini story.
B. Elevator shafta, stairwella and attic s~. whether or not
. lIoor has beln laid, providini structural headroom of
eirht (8) feet or more.
.... .",',
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C. Roofed terraces, exterior balconies. breezeways or
porcl1es, provided that over fifty percent (50'16) of the
perimeter of these is encloeed.
D. Any other IIoor space used for dwellini pu~ no
matter where located within the buildinlf.
E. A_ry buildinp, excludinlf space used (or ~ry
off-street parkini or used for loadinlf bertha.
F. Any other floor space not spec:ifiea1ly excluded. exeludinlf
IJlICI used tor air-alndilioninlf machinery or coolinlf
towers and similar mechanical equipment sarvinil the
buildinlf.
FRATERNITY or SORORITY - A type of boardinirhouse,
rtlfIIlated U il\1ch, except where a fraternal orpnization 1s
~ in a eolltp<lwned and eollep.manapd dormitory. in
which CIll1l it shall be I'tiUlaled as a dormitory.
{
265:la
a....
.'
. 256-12
CARLISLE CODE
. 256-12
.... ,.t.;
IMPERVIOUS SURFACE - Any area covered by a struc.
ture, pavlnr or other man-made COlIer which haa a c:oelflclent
of nznoff of eirht-tenths (0.8) or rreater. II determined by the
Borourh Enrineer. Area required to be It1ft in pervious
surfaces may be located In a different zoninl' district than the
use, provided that Nch land area is abuttinl' or adjacent and
that is deed restricted from further development. The
"maximum impervious eoverap. shall be the total area of
impervious Nrfaces divided by the total lot area.
INDUSTRIAL DISTRICT - Includes the I-l and 1-2
Districta.
INDUSTRIAL USE - Includes manufacturinl', dist.ribution.
warehousinr and other operatiOIll of an industrial and not
primarily a commen:ial or residential nature.
INTERIOR CIRCULATION - The pattern of traff/e within
a parkill&' lot or similar paved area.
JUNK VEHICLE:
A. A motor vehicle, recreational vehicle, trailer or truck, or
the chlllis or body of such vehicle. that does not meet at
Ieut twv (2) of the followinr three (3) conditiona:
(1) Does not display a 1ic:e1ll8 plate with a current state
rqistration sticker.
(2) Does not have a valid slate safety inspection sticker,
(3) Cannot be immediately operated on a public street.
B. Also, any motor vehiele that haa been demolilhed beyond
NUOnable I'1!peir shall be colllidered a "junk vehicle.'
JUNKYARD - An area of land with or without buildinp,
includinr land inside a bui/dinl not completely enc:loeed. used
for the storap of used and discarded materials. includinl but
nol limited to WBslAl paper. /'l1IS. metal, buildinl' malAlrials,
house fumishinl3. machinery. vehicles or parts thereof, with
or without the dismanllinl'. processinr. salvap. sale or other
1118 or disposition of the same. The depoeit or storap on a lot
of two (2) or more unlicensed or wrecked vehicles, or the major
pari thereof. shall be dt!lmed to constitute a .junkyvd.. except
. " .<', '::;,:.,'r:,!~:';:;.:.:'r" '.
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25536
S.II..
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. 2M-12
CARLISLE CODE
I 256012
MANUFAcrURED HOME - A structure, transporlllble In
one (1) or more sections. which is built on 11 permlll1ent chassis
and Is desirned (or u~e with or without a permanent
foundation when conneeted to the required utilities. For
t100dplain manailment PU1"l10681, the term "mlll1ufactured
home" aJlIO ineludes park trailen, travel trallen and other
similar vehicles placed on a site (or rreater thlll1 one hundred
tirhty (180) consecutive days.
f
:. 1 "': ~ . . , ;'.... MANUFACTURED HOME PARK - A parcel or contii'\!-
oua parcels of land divided into two (2) or more manufactured
". home lots (or rent or sale.
::.
MASSAGE - The performance of mlll1ipulative exercises on
a humin body by another penon that involves the hlll1ds and!
or mechlll1icaJ device.
MASSAGE PARLOR - An establishment that meets all of
the followinr criteria:
A. M11IIl1l\lI!I are performed for compensation on one (1)
penon by one (1) or more other penons. C
B. The penon conduetinlf the IIIUIa&'t dote not hold a valid
Iicelllt u a health care prol_ional or ml1lllll1i' therapist
illueel by the CommonwaJth of Pennsylvania or, in the
event that no such Iicenainlf p..-lure is at the time
provided by the CommonwaJth of Pennsylvania, another
ute, it any, whOlle Iicensinlf requirements may be
approved from time to time by Boroulfh Council.
[ADMaded ~1()'1989 by On!. No. 1638, approved ~
I().I_]
C. The masups are conducted within private or ltIIIiprl-
vate rooms.
" ,
D. The UIt ia not clearly a cuatomary and incidental
.' . . . . .. _ry lilt to a permitted exercise club.
.,: '" .. '.
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. MATERIALS - Articles which are componenll at a futun
pnJduct.
"
2663lI
......
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-,
f 261).12
ZONING
5 265-12
(
MEDICAL OFFICE or CLINIC - A use involving the
treatment and examination of patient.s by state-Iicensetl
physicians or dentist.s, provided that no overnight patient.s
shall be kept on the premises. This use may involve the \elItinll'
of tiuu~. blood or other human materials for medical or dental
purpoees.
MEMBERSHIP CLUB - An area of land or building used
by a recreational. eivie. social, fraternal, relie;ous. political or
labor union assoc:iation of persons for meetinp and routine
soc:ializinll' and recreation that are limited to members and
their oceasional guests, but not including members of the
Il!neral public. This use shall not inelude a !arret ranre for
outdoor shooting, boardinghouse. a tavern. restaurant open to
the general public or an auditorium unless that particular use
is permitted in that district and the applicable requirement.s
of that use are met.
MID-RISE APARTMEN'l'S - Three (3) or more dwellinll'
units within a buildinll' that is higher than thirty.five (35) feet
or three and one-half (3~ stories. whi~hever is less.
MINERAL EXTRACTION - Ineludes all activity which
remoVl!l from the surface or beneath the surface of the land
some bulk mineral resources by means of mechanical
excavation. 'Mineral extraction" includes but is JIOt limited to
the excavation necessary to the elltl'l1Ction of sand, gravel.
toplOil. limllltone, sandstone. c:oaI, clay. shale and iron ore. The
routine movement of and replacement of topsoil durinII'
coMtruction shall not by itself be coMidered to be mineral
extraction.
MOBILE HOME - The same meaning as 'manufactured
homL"
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MODULAR HOME - A type of dwelling that mMla a
definition of sinr;le-family detached dwelling. single-family
Mmidetaehed dwelling. townhouse or garden apartment that
is in substantial part but not wholly produced in sectioRl off
the site and then is assembled and completed on the site. This
shall not include any dwelling that meets the definition of
(
2M39
......
>
I 512
CARIJSLE CODE
8 2150-12
. . .
. '. ',..,
", '0' ','; ,,'
mobilt/manufactured home. nor shall it include any dwellin~
that does not I'I!llt on a permanent foundation. nor any dwellin~
intendlld to be able tD be moved to a different site once
_mbllld, nor any dwellin~ that would not fully comply with
any and all applicable buildin~ codes. A modular home aIJO
shall not include a home that ineludes only one (1) substantial
pi_ prior tD delivery on the site.
MorEL or H<Yl'EL - A buildinr or a rroup of buildinllS.
havln~ units containinr sleepin~ aeeommodations which are
available for a temporary. rental occupancy by transients
routinely for periods shorter than seven (7) consecutive da)'1.
MUNICIPAL USE - A use owned by the Borourh of
Carliale for a sovernmental purpoee. This shall also include an
emlll'll'tncy servicea station. if such station located is approved
by Borou~h Couneil.
MUNICIPAUTIES PLANNING CODE - Pennsylvania
Act 247 of 1968. III amendlld.1O
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NONCONFORMING BUILDING OR STRUCTURE - A
buildin~. structure or pan of a structure manifest1y not
dsil!18d to \lOIIIply with the applicable 1lI8 or ext.ent of 1lI8
proviaiona in this chapter or amendment hereafter enacted. or
which doeI not conform tD one (1) or more of the applicable
_ or bulk l'lII\Ilations of the zonin~ district in which it is
located. on the lIftective date of this chapter Qr u a result of a
subsequent amendment thereto, where such buildin~ or
structure wu lawful prior to enactment of the chapter or
amendment. [Amended 8-16-1989 by Ord. No. 1637.
approwd 8-10.1989)
NONCONFORMING 1m - A lot, the area or dimenaion of
which WlLS lawful prior tD the adoption or amendment of this
chapter but which fails tD conform tD the requirements of the
zonin~ district in which it is located by nuona of such
adoption or amendment. [Amended 8-10.1989 by 0nI. No.
1637. approved 8-10.1989)
.'.....-. "
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25540
......
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5512
ZONING
5512
(-
PLANNED INDUSTRIAL DEVELOPMENT - An area of
land controlled by a sinll'le landowner and developed as a
sinll'le entity ror a number or industrial firms and planned and
approved within the requirements or the (-2 District.
(
PLANNED RESIDENTIAL DEVELOPMENT or PRD -
An area of land, controlled by a landowner, to be developed as
a sinll'le entity (or a number or dwellinw units or combinatlon
or residentlal and nonresidential uses, the development plan
ror which does not correspond in lot size, bulk, type of dwellinw
or use, density or intensity, lot COYe1'llllll and required open
space to the reaulalions established in any one (1) district
created rrom time to time under the provisions of this chapter.
[Amended 8-10.1989 by Ord. No. 1637, approved 8-1()'
1989)
PLANT NURSERY - The raisinW of trees (lor tran4p!ant-
inw). ornamentals. shrubs. fiowers or houseplants ror commer-
cial sale. Retail sales shall only be allowed on the premiaes only
of plants and trees raised on the premises, unless retail sales
are permitted in the district. This use may include rreen-
houses. but shall not include commercial forestry. This use
may include oullide :Jtorall" and display.
PREPARED FOODS - Foodstuffs and/or drinJea which have
been cooked, chanll'll. cleaned or otherwise altered ror public
consumption.
PRINCIPAL BUILDING - The buildinw in which the
principal use or a lot is conducted. Any buildinw that is
physically attached to a .principal buildinll'" shall be
considered part of that .principal buildinw..
. "::;:',H;;",::<~:
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(Cont'd on pep 25643)
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I 256-12
CARLISLE CODE
I 255-12
TRADE SCHOOL - A f..:i1ity that is clearly primarily ( _
intended for education of a work. related skill or craft or hobby
and that d_ not primarily provide state-required education to
persons of lips four (4) to nineteen (19). This shall include a
dancinr school. martial arts school or ceramics school.
':'.
;. ..
TRUCK TER.'rfINAL - A use in'lOlvinr a larre variety of
materials. inludinr materials owned by numerous corpol'llo-
tions, beinr transported to a site to be unloaded :uld reloaded
onto vehicles that are primarily tl'lloCtor trailers. A "truck
terminal" shall not include a use that primarily involves
distribution of individ'Jally addresaed paclalres weirhinr an
avenre of less than seventy (70) pounds each when delivered
in vehicles smaller than tl'lloCtor tl'lloilers.
.,":
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USE - Any purpose for which a buildinr or other structure
or a tl'lloCt of land may be desirned. arranred. intended.
maintained or occupied. and any activity, occupation, businl!88
or operation carried on in a buildinr or other structure or on
a tr..:t of land.
VARIANCE - The rrantinr of permi.laion by the Zoninr (
Hearinr Board to use or alter land or structures which
requires a .variance" from the strict application of a
requirement of the Zoninr Ordinance. "Variancea'" shall be
rranted only II permitted under the Municipalities Planninr
Code. Act 247, II amended. It
. .
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'..... .'i'....
VIDEO ARCADE - Any commercial use oP'ln to the reneral
public that includes six (6) or more electrical or electronic
amusement machines that are operated by coins or tokens
with monetary value. The use of five (5) or fewer such
machines is a permitted by rirht acceI80ry use to any
commercial use.
..
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WALL - See "fence."
WATER SYSTEM - A system deairned to tl'llon5mit water
from a source tAl users in compliance with thti requirements of
the appropriate state arencies and the borourh.
It 1E001I....)I_ s.. sa '.5.110811.. al.
25562
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I 518
ZONING
I 2155-18
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B. Buildlnr setback line: forty (40) feet minimum for principal
and acceuory structurea and uses.
C. Lot width at street line: forty.five (45) feet minimum. except
one hundred twenty.five (125) feet minimum for any lot with a
driveway enterinr onto an arterial street or if a lot area of one
(1) acre or more is required.
D. Lot width at minimum setblA:k line: seventy.five (75) teet
minimum.
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..... '
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E. Buiklinll covenre: thirty percent (3006) maximum.
F. Impervious covel'llore: fifty percent (50%) maximum.
..t.
(Cont'd on pap 2I56lI7)
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I 255-21
CARLISLE CODE
I 255-23
ARTICLE IV
R.2 Medium Density Residential Diatrfct
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I 255-21. Intent.
The intent oC the R.2 Medium Density Residential District is to:
A. Provide tor the orderly expansion ot areu that ofter
reaidential neirhborhoods at a medium density.
B. Carefully control the types oC housinr to ensure compatibility
with existinr houses.
.....:.,,;
...... ,
C. Carefully protect these areas lrom uses thai may not be fully
compatible.
i
I
i
f 255-22.: Uses permitted by r1rht.
In any a":f District. land, buildin(lS or premises shall be used by
rirht Cor one (1) of the Collowinr. but lor no other:
A. Sinrle-tamily detached dwellinlr'
c
B. Sinrle-Camily semidetached dwellini\'.
C.
0,
Crop Carminr,
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Planned reaidential development within Article XVIII and the
Municipalities Planninr Code, I... l..;'jl '( U I , I,,' ('../ )
I 25~23. Acceaeory_
Only the Collowing :u:cessory uses shall be permitted:
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A. Residential acces80ry uses. [See I 255-1790(12).]
B. Private swimminr pools and tennis courts. [See I 256-
178A(34)(a) and (c).)
25558
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2
~ 1 EXIIIBI'l'S
2 APPLICANT DESCRIPTION IDENTIFIED
3 Aerial photograph 11
4 2 Engineer's drawing 11
5
6
PROTESTANTS
7
1 Photograph 30
6
2 photograph 30
9
3 Photograph 30
10
4 Photograph 30
11
5 Phot.ograph 30
12
.... 6 Photograph 30
13
7 Photograph 30
14
8 Photograph 30
15
9 photograph 30
16
10 Photograph 30
17
11 Photograph 30
16
19
20
21
22
23
24
e 25
..P.C.R.S
(117 ) 258-3657 or (600) 863-3657
..
-
... .._----_.~-_.- ~~~.__._.--_.._.__.._...-. --.---.-..---.---.---.-
8
....-~
preserve the trees that are back here in the back of the
2
property that currently exist, and only take down what
3 would be necessary to get the water service lines in. And
4 we've also proposed some landscaping throughout the
5 properties there.
6
MR. OCKER: Roger, do you have other presenters
7 tonight?
8
MR. MORGENTIlAL: I have Gne other presenter,
9 yes. I do have a question or two I'd like to ask Mr.
10 Brehm.
11
MR. OCKER: Please do.
12 BY MR. MORGENTIlAL:
I I .
"1 .
13
Q
Are you familiar with the density requirements
14 for this particular property in this zone?
15
A
Yes. I don't have the number in my head. I do
16 know that when we looked at this, the actual density
17 requirements for maximum density would have permitted, I
18 think, up to, at least, ten units on the property, maybe
19 more. And we decided to go with a little bigger house and
20 keep the density down. So this is well below the
21 allowable density for the property. There's plenty of
22 open space there, plenty of green space.
23
Q
And last question. What is the width of the
24 cartway that would be constructed?
" )
.~ ,"
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A
That would be 22 feet. Again, we tried to C0me
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1 testify later as to the exact specifications of the
2 structure, so perhaps that would answer some questions.
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MR. OCKER: We'll hold that question then.
4
MR. GIORDANO: Is he the developer'?
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MR. MORGENTHAL: Yes, sir.
6
MR. GIORDANO: I'll wait until he's on.
7
MR. BREHM: I would point out before Norm gets
8 up to speak, the front of the house faces Ridge street, so
9 when he's talking about a brick face, that face would be
10 what the neighbors are looking at.
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MR. SPITZ: The back part of these properties,
12 do they abut the school property?
(' .
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MR. BREHM: Yes. It's all school district
14 property.
15
MR. SPITZ: Is there a buffer between the back
16 and the school aligning -- what is that?
17
MR. BREHM: At the back of the property,
18 there's a grove of trees back there, and it's in the area,
19 I guess, where Mr. Phelan got in trouble with the
20 volleyball court, or something was built down in that
21 area. There's also the sanitary sewers down in there.
22 Most of that is on school property. The trees do come
23 onto the Robbins' property Just a iittle bit. I've got
24 them kind of shaded there, but those woods are quite
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thick.
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is going to happen after the bulldln'ls are built, their
2 sold, the tenants ate In, and then the properties change
3 hands, a new person cmnes In? [s that new person going to
4 require council to widen the street and give them a wider
5 street than 12 feet on that one alleyway that you can't
6 expand? what's going to happen there? I don't like the
7 idea of these facing an alley. Wo have an alley, not a
8 street.
9
MR. MORGENTHAL: If I might respond to that, we
10 have asked council for a modification requirement with
i. .
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in order to make it meet the 50-foot requirement. Because
11 regard to the overall right-of-way width based on the fact
12 that there is no additional land which could be acquired
14 that 50-foot requirement is in the land development part
15 of the borough's code rather than the zoning part,
16 council, we believe, is the appropriate body that must
17 rule on that request for the modification. If this is
18 approved as is, as we propose, the cartway width, the
19 actual paved area should be in line with what the borough
20 street is, the 22 feet. And I don't think that anyone who
21 would move in, knowing what the approved plan is and
22 knowiqg what the existence of space is on the ground,
23 could possibly require anything additional from council.
24 Il's an impossibility.
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MR. HERMAN: What I would rather see is getting
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MR. OCKER: Anymore questions?
3
MS. ClIER'l'OK: l had a question, not necessarily
4 for you, but I just thought maybe you would know the
5 answer that Mr. Morgenthal had explained to council
6 previously that the applicant had met with the neighbors
7 and discussed the project to see if any common ground
8 could be reached to try and make the development more
9 acceptable to t.he neighbors. Is that what we currently
10 see? Obviously they're not real thrilled, but were there
11 any other possibilities that were presented to you to draw
12 in this plan?
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MR. MORGEN'I't1AL: I think I can speak to that.
14 Prior to the May 11th, 1995 council meeting when we were
15 last before you, we had a meeting with the neighbors on
16 site with Applicant's Exhibit Number 2 present, and we
17 were willing to answer questions. In fact, we did answer
18 some questions, walked with the various folks around the
19 property and attempted to solicit comments, which might be
20 incorporated, either in design or landscaping or anything
21 of that nature.
22 Unfortunately I understand the position of the
23 neighbors has been they just don't want development, and
24 we received absolutely no suggestions of any constructive
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nature to this point.
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letter, to everythllltj that the borouqh staff has wanted me
2 to do.
3 The hOlls," is <Jo i nq to be three bedrooms, two
4 and a half baths. They will have a basement. And outside
5 of that, that's all [ can say. It's been a long drawn-out
6 affair. We've done everythinq we know to do to make it
7 happen. So if you do have questions, you can go ahead and
6 ask.
9
MR. MORGENTHAL: One thing I wanted to ask
10 about, the question was ~aised before about the outside of
11 the structure; what would be brick and what might be some
12 other material. Can you comment on that?
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MR. ELAM: The garage, as the neighbors well
14 see, will be brick. The actual face of it -- and each
15 garage will have a little wall out from it three or four
16 feet as a cosmetic appeal. Also the house, as the
17 neighbors will see, the house will also be brlck faced,
16 and the rest will be a vinyl. It's not going to be no red
19 or purple or pink or nothing like that.
20
MR. OCKER: Questions from council?
21
MR. GIORDANO: We settled the brick issue. Are
22 these units going to be for sale or rent?
23
MR. ELAM: They'll be for sale, We would like
24 to keep the price range, if we can, due to the expense,
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from 130 to $139,000, if possible.
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MH. GIORDANO: Thero's going to be storm drains
on that street-?
MR. UREHM: That's right. There's none there
now.
MH. GIORDANO: That will take care of the
people that really abut there, their drainage will go
away?
MR. BREHM: That's right. Their drainage will
go away.
MR. GIORDANO: I've got a quest ion for our
borough engineer. With no curb there, can that street be
maintained without a curb.
MR. KEISER: Absolutely. And the developer is
following my recommendation for construction.
MR. GIORDANO: Thank you.
MR. OCKER: Are there any questions for the
developer at this time?
Bob?
MR. OWENS: Thank you, Mr. Ocker.
This information that you passed through
council, and I draw your attention to the fourth and last
paragraph where you spoke about giving up your purchase
contract. Did you discuss this element with the neighbors
in your conversations with them?
MR. MORGENTHAL: At one time, we spoke some
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amount,
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MR. OWENS: One moment. Let me finish this.
3 You say, I will offer to give up my purchase contract if
4 the nearby residents want to buy the property and fully
5 reimburse me my expenses. I believe in America the idea
6 of free enterprise. I am a working man trying to make a
7 living. I have the right to purchase the property, and
8 Mrs. Robbins also has a right to sell the property to me.
9 I ask you to consider this matter in my favor. Thank you
10 for your time.
11 My particular interest is in the first sentence
12 of your quote. Was this fully discussed with the
"t 13
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neighbors if they didn't want this kind of a property
behind them to enhance the rear of their properties,
you're willing to sell the property to them if they want
to buy it.?
MR. ELAM: Yes, sir, I am.
16
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~IR. MORGENTHAL: May I just add one thing? Mr.
19 Elam, of course, is the developer. The other interested
20 party is Mrs. Robbins, who's here this evening. And on
21 the record at the last meeting, May 11th, we had made that
22 offer as Mr. Elam stated in his letter, and we would still
23 be more than happy to proceed with any kind of discussions
24 in that direction. It's something that has not really led
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to active negotiations, but it's been on the table for a
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lot longer.
MR. OWENS: This presents us with a possible
win, win situation.
MR. ELAM: I also want
[ think I mentioned
it to Mr. Broujos one time -- and he can state if it's
true or not or if I'm accurate -- that that may come later
or something like that, I think he said, and that was it.
So that's all,
THE CHAIRMAN: Roger?
MR. SPITZ: I guess the question would be, this
is a public right-of-way. It's been used before when the
Robbins Flowers was there. Is this not on our sidewalk
program, or why HAS this particular area been omitted from
what other -- I don't like the term allies. I don't think
we have alleys. I went through this before. In the
future, was there going to be sidewalks and curbing put
down this avenue?
MR. BEAN: No, We don't require the curbing
and sidewalk on avenues that do not have residential
properties attached to it,
MR. SPITZ: But when it does become residential
if th is does --
MR. BEAN: They're going to build it on the
north side.
MR. SPITZ: But the curbing on the other side
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1 would be amended'!
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MR. HEAN: As Mike stated, that's our
3 recommendation based on the topography of the area and the
4 garages and the rear yards.
5
MR. SPITZ: Okay. That's all.
6
I know there's a lot of concern,
MR. OCKER:
7 Norm, about open space and landscaping. Someone mentioned
6 awhi Ie ago that there would be added open space. Would
9 you speak to that d little bit more? That concerns me.
10 Let's talk about landscaping and open space.
11
MR. ELAM: It would be hard to say we could
12 make the units -- I forgot how many feet apart we Jo have
13
them.
14
MR. BREHM: I might be able to just give you a
15 1 i t tle idea. I can compare the open space here to the
16 Robbins' property as it was as a business. We have some
17
old photographs of when they were in business back then,
and when we went through to do our storm water
calculations, just as an example, there were many
buildings and parking areas dnd greenhouses, roof tops, on
this property as what we're propos i ng. They were all
16
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22 cluttered up at the one end, and part of the building is
23 still there, but when they were in full swing, you had
24 more stuff on this property percentage wise than what
25
lwe're proposing right now.
That included -- they had a
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concerns.
,. - "'--------26-l
[ have eight grandchildren that play, and they
run back and forth there.
In fact, three of them used to
live there. And
guess where does tho liability lie?
Does it lie with the developer or the borough council if
this is made a street and in traffic one of them are hurt?
Secondly, I have concern about fire code. The
fire chief was supposed to look at that. That's a tight
place to get fire equipment into, and especially with a
narrow alley coming by the Wickard place.
I guess we all have a concern where the guests
are going to park. You say there's room in the driveway,
but if two people have parties at the same time and more
than two guests, where's the overflow of traffic going to
land up? In my garage driveway?
Will there be basements? Have you ever seen
the back of that property when there's been a heavy
rainstorm and the water has come off the mall? It's a
pond back there.
I don't know when you met with the neighbors,
but I never heard about it. You never met with me.
MR. BROUJOS: Harold, r have a question.
BY MR. BROUJOS:
Q Mr. Kretzing, you consider that, for your
purposes of utilizing that alley as an alley, you now have
a right of access to that alley?
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A Yes.
Q And you consider that that right would be
substantially denied by not only the people parking there,
but their guests and others?
A There's that possibility.
MR. BROUJOS: Thank you.
MR. MORGENTHAL: May I just ask Dr. Kretzing
two questions?
BY MR. MORGENTHAL:
Q Dr. Kretzing, your property is here, I believe,
at the corner of South Bedford and Cemetery Avenue?
A Here and here.
Q And you purchased your property from the
Robbins family'?
A Right.
Q Would you be willing to sell back to them any
amount of the property in order to allow that Cemetery
Avenue to be widened to a 50-foot right-of-way?
A Probably not, unless you want to pay $50,000.
Q And the other question. Is theI'e anything you
would like to see built on that site?
A No.
MR. MORGENTHAL: Thank you.
MR. OCKER: Harold, you asked a while ~go about
fire chiefs checking this particular -- I had a concern
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about that, too, and I have a note here that the plan has
been reviewed by the borough fire chief. It's the opinion
of the fire chief that the plan provides adequate access
to the development for Bedford street for fire protection.
In addition, two new fire hydrants are proposed in the
plan, so that would answer one of the questions you had.
MR. KRETZING: I would think that would be
ideal for maybe two houses back there. In fact, I talked
to Mr. Robbins once about it, that I would like to buy the
property just behind my lot because I had thought
personally of building a house back there.
MR. OCKER: proceed, John.
MR. BROUJOS: We call Raymond Wickard.
Give your name and address and speak loudly so
they can hear you.
MR. WICKARD: My name is Raymond Wickard, and I
live at 10 East Ridge street, which is adjacent to the
narrow alley that goes back to the Robbins' property. We
have -- well, we have our landscaping pretty much right up
onto our line, which everybody else does that is next to
any alieyway in the neighborhood.
I was looking at a few existing, and almost all
of the existinq alleyways, the landscaping is right on the
edge of things. And, of course/ in order to have any
traffic, more than one car --- actually tllo cars can't pass
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there now. Any cars that go In and out have to wait for
one to get by before the other one can come out. And I
measured the cartway, and it's less than 17 feet, and
that's from stone markers that were In there whenever I
purchased my property and built my home. So those are
old. They've been there for a long time. Actually it's
16 foot 9. That's aLl the space that's there.
The property that's on the other side of the
alley, they have a concrete curb along their side, which I
assume is where the original curb line was because it sort
of lines up with things. And at the back end of their
property, the garage sets right on the corner. There's
absolutely no room there to make a turn. So it's a very
narrow thoroughfare, and it would require most of my trees
to be ripped out to change it.
That's about all I have to say in that regard.
John has a couple photographs that shows the existence of
the trees I'm talking about in relation to the cartway.
BY MR. BROUJOS:
Q I'll ask you to identify this. What picture is
this of the alley and what perspective?
A That's standing on Ridge Street, looking toward
the Robbins' property.
Q t'Ll show you the second one, and can you
identify that one?
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A Same thiny.
Q Is that a iittle closer to the alley?
A Yes.
Q And identify this picture.
A This is the same shot, only taken a little bit
back the alley a little bit farther.
Q I show you this picture. Oescribe the scene
there.
A This one here shows a picture of the Bostock
garage, which is built right on the corner of their
property. It's almost a lime building.
Q And describe this picture in terms of the
buildings and the relationship to the corner.
MR. SCHORPP: I f I can interrupt for a second,
I think we have to, in some fashion, have these
photographs identified for the record by numbering them or
something. Otherwise the record is going to be very
confusing.
MR. BROUJOS: Mr. Ocker, what's the last one?
MR. OCKER: Number three.
MR. BROU,JOS: I'm going to ask that these be
identified as Exhibits 1 through 10 of the property
owners.
(Protestants' Exhibits Nos. 1 - 10 were
marked for identification.)
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Q [show you Number 5, and describe Number 5.
A Number 5 Is the picture of the Bostock garage,
and it's right on the edge of the cartway.
Q Describe 6.
A This Is looking east toward the Robbins'
carriage shed, which is where the original business was.
Q Describe 7.
A This is looking farther south, and it's the
rear end of the properties that face South Hanover Street;
the Fry residence and Costopoulos', and on out farther is
the Phelan r.esidence,
Q Identify this object here.
A There's a telephone pole or car pole sitting
right on the corner of the line, sort of in the middle of
things.
Q Identify Number 8.
A This is looking the same distance, only it's a
shot that shows the rear farther out to the south, a
little bit better than the last one.
Q And describe Number 9.
A This is standing at the rear of my
father-in-law's garage looking toward Ridge Street. My
father-In-law's building is facing South Hanover Street,
and this is at the rear of his property.
Q Does he use Cemetery Avenue or this alley for
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1
transportat Lon'?
2
He uses both.
A
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And how? What directions?
Q
4
Well, generally he backs out of his garage and
A
5 goes east on Cemetery Avenue, and when he's coming home,
6 he usually turns In off of Ridge street onto --
7
Q Describe Number 10.
A Number 1l.J is looking toward Ridge street from
the rear of my in-laws' property.
Q And describe number 11 in terms of the objects
on each side of the right-of-way and this object here.
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This is looking south on the alley. The
Bostock residence is on the left-hand side. The curbing
14 and tree stands right on the curb line. On the right-hand
15 side is a row of Hemlocks which are planted, more or less,
16 on what would be a curb line.
17
With respect to that corner that's been shown
Q
18 in the pictures, would you venture any observation on
19 whether, in your opinion, a fire truck can fit through in
20 that corner?
21
Well, a fire truck would have problem getting
A
22 through there without scraping sldes. Like I said, the
23 cartway, itself, only measures 16 foot 9 lnches, and
24 that's if you were able to go back to the curb.
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MR. SPITZ: Mr. Wlckard, were you living in
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your residence at the time Robbins Flowers was --
MR. WICKARD: Yes, I was.
MR. SPITZ: Are you saying that eight family
cars, at a minimum, would be more traffic coming in and
out of that road than there was when Robbins Flowers was
flourishing business?
MR. WICKARD: That's hard to say. I always
thought that a good bit of Robbins' traffic used Bedford
Street, although I never paid that much attention to it.
It was never a problem, although the problem was back at
that corner, and Mr. Robbins used to be concerned about
cars coming in when somebody was coming out because of the
narrowness of that turn. His parking lot, more or less,
encouraged traffic to come in from the other direction. I
think that probably most of the people that went back
there probably came in by me but didn't leave that way.
If his customers came in, they probably come in that way,
but they didn't leave that way. But like I said, I don't
know. I'm just making an observation ten years after the
fact, you know.
MR. SPITZ: John, do you have some sort of
traffic study you're going to present later?
MR. BROUJOS: No,
MR. WICKARD: I do know a couple times Mr.
Robbins requested that I shear my shrubbery a little bit.
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MR. m;;AN: r have had a discussion with Chief
Boils on this issue, and I asked him a specific question
given the roadway width of this developn~nt shown in the
plans. He felt very comfortable in getting a fire truck
or trucks in this area. And to be honest with you, Mr.
Broujos, I didn't ask about backing up to return. His
main concern was to take care of the public safety concern
of a fire, and this could be adequately done. I'm not
sure if the bigger issue is backing up when you leave.
But to me, the main concern was making sure the fire
trucks got in to be able to fight the fires if one would
occur.
MR. BROUJOS: I didn't make any objection to
that testimony because it's the nature of these
proceedIngs, but I still think the chief should be here.
MR. SPITZ: Dick, to clarify my own question
awhile ago, it's stated here in the conversation between
Mr. Lebo and Mr. KeIzer that the flower shop generated 106
trips per day, and that the new eight-unit development
would create 47 trips,
MR. WICKARD: I'd say that traffic was heavy,
maybe, not on a daily basis. r mean, it was heavy around
holidays. It wouldn't have been that heavy on a daily
basis.
MR. SPITZ: Okay.
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tree in the Borough of Carlisle, you know, when you plant
trees in the tr'ee line. My tt'ees are sort of in that
location. So they're spreading out over the line, which
never seemed to create a problem. But with two cars
trying to pass, it would create a problem. Two cars
couldn't pass without -- well, really wrecking them.
MS. CHERTOK: Is part of the plan, then, that
Mr. Morgenthal or somebody from the Robbins' development
group has approached you and discussed with you removal of
those trees?
MR. WICKARD: No, they haven't.
MS. CHERTOK: Thank you.
MR. BROUJOS: Any other questions of Mr.
Wickard?
MR. OCKER: Did we make note awhile ago that
there were 11 pictures and not ten? Do we have that
somewhere?
MR. SCHORPP: I have tha t, yes.
MR. OCKER: Proceed, John.
MR. BROUJOS: Call Mr. Uilkema.
MR. UILKEMA: My name is Jarl Uilkema. I live
at 85 East Ridge. This is the first time I have attended
one of these hearings, but I think what's being proposed
here is entirely out of keeping with the neighborhood.
That's what I mostly object to. There are other things
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alley, and [ presume that if this goes through on the
south side, somebody wIll be knocking at the door pretty
soon and wanting to build something on the other side of
our alley. And it is an ailey, also, and it is wider than
the alley that's now called Cemetery Alley.
MS. CHERTOK: Fred, you apparently had a
his opinion is that there would be no problem getting fire
discussion with the chief, who has confirmed for you that
apparatus through this street if it were to be created as
such?
MR. BEAN: Yes.
MS. CHERTOK: Did you have any additional
discussion with regard to the types of vehicles that have
just been mentioned; the garbage truck, UPS truck? I know
that they're not as long as some fire trucks, but, of
course, they could be taller or wider. Had some thought
been given to the vehicles that are going to be accessing
this on a daily basiS?
MR. BEAN: Only to the extent that the initial
plan submitted by the applicant showed traffic egress and
ingressing from the alley from both ends, and it was
staff's re~ommendatLon to consider the no-entrance into
the alley exiting Ridge street. tn other words, when a
delivery would come into one of the apartment units, one
of the town houses, they wouid have to come in off of
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First, I would like to say that that green spot is very
close to my heart, and [ would hate to see it eradicated.
And the other thing [ would like to say for the record, we
were never, never asked to buy the property, and either
were the Angiolillos.
[ just wanted the record straight
on that.
My big concern is really the children. Can you
imagine 16 garages, all those cars, visitors, running up
and down that alley? As everyone has been mentioning, it
is an alley. I have grandchildren. Kretzings have
grandchildren, and our neighborhood is becoming a family
oriented neighborhood, and I really would like for you to
consider their safety,
MR. BROUJOS: Would you comment on the activity
of other vehicles during the time that it was a flower
business?
MS. BROUJOS: Yes. I had four acti ve children,
and the Kretzings had six active children, and we never
had a problem. Occasionally on holidays there would be
some traffic, but not anything to be concerned about.
MR. BROUJOS: Questions by the board?
MR. OCKER: Questions, please, from council.
MR. BROUJOS: No questions by the board.
Larry Foote.
BY MR. BROUJOS:
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Q Please give your name and address.
A My name is Larry Foote. I reside at 3441
Wagners Gap Road in Carlisle.
Q What is your occupation?
A Real estate appraiser.
Q And just briefly what training have you had to
qual ify you?
A Well, I've taken all of the appraisal and
institute courses leading to the MAl designation, and I've
taken all the courses and fulfilled the experience
requirements for general appraisers certification by the
Commonwealth of Pennsylvania.
Q Are you also a licensed broker?
A Yes, I am.
Q And in that capacity, have you appraised
properties in the Carlisle area?
A Yes, I have.
Q And are you familiar, generally, with property
in the Carlisle area and specifically in the area of Ridge
street?
A Yes, I am.
Q Have you observed that area, which is a subject
of this development?
A Yes, I have.
Q And have you been personally to the tract of
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family dweiling in an aroa of slngio families and also an
opportunity to buy a slngie family dwelling In an area of
duplexes, can you co~nent on the Impact?
A If I understood your question correctly, if
there were a property, a single family detached dwelling
for sale in a totally single family detached neighborhood
and an identical house for sale in a neighborhood where
there were single family detached dwellings and duplexes
or town houses, I feel that an average buyer, if those two
properties were priced at the same price, the consumer
would purchase the single family detached dwelling in the
neighborhood of all single family detached dwellings given
the opportunity to buy either one of those homes at the
same price.
MR. BROUJOS: Questions by council?
MR. GIORDANO: Larry, is that property zoned
right for these type of houses?
MR. FOOTE: Yes. R2, medium density
residential.
MR. GIORDANO: Now, what you're saying that
these type houses and the single dwellings don't mix. Is
that what you're saying?
MR. FOOTE: That's correct.
MR. GIORDANO: Why are developers coming in
here, like the Dickinson College, making a development
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west of Walnut Court whore I live where they have mixed
houses, where they have single dwelling and row houses?
Why are they doing that if they can't qet their value of
money out of it? Same area where I live, I'm walnut
court. I li ve
MR. FOOTE: It's good for the developer because
they're going to get more units per acre of land, and
typically you'll find that those homes are lower in value
than the single family detached. Walnut Court is another
example. I t would have an adverse impact on the single
family detached property values. In other words, if
anyone of. you here could buy $180,000 single family
detached dwelling in an all single family detached
dwelling neighborhood or you could buy the same house for
the same $180,000 in an area where you would have town
houses or duplexes across the street, which would you buy?
Is there any of you who would say, I'll take the one
across the street from the town houses rather than across
the street from the other $180,000 home?
MR. GIORDANO: Why are developers building
houses like that?
MR. FOOTE: The smaller homes?
MR. GIORDANO: No, the big homes and town
houses, a mixture. Why are developers building houses
like that?
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MR. Foon;: [don't see that happening.
MR. GIORDANO: They did it up at Wainut Court.
MR. FOOTE: That's the only place I see that
happening.
MR. GIORDANO: Then the college has come in
here with a plan on west of that there, in the land west
of us, proposed for town homes and big homes.
MR. FOOTE: They're trying to maximize the land
use. I think if you ask the residents of that
neighborhood where you have the mixed use, if you look at
the property's sale prices, per square foot sale prices,
you'll find that the per square foot sale prices of the
single family detached dwellings that are not directly
across the street from the town houses will be higher than
those that ~re. And marketability has affected the
marketing time for those single family detached dwellings
which are adjacent to the duplexes or town houses. Th
marketing time will be greater because given the option
of, do you want them over here where they're all single
family detached or do you want a house over here across
the street from town houses and duplexes. They're going
to opt for the area where it's all single family detached,
and there's only onB thing that's going to give them
enough incentive or motivation to buy a house across the
street from the town houses dnd duplexes, and that's to
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lower the price. And that's what we see happening in the
market place.
The developer is going to -- typically they'll
build the units, like the town houses or duplexes, on land
that's less desirable. The lots are smaller, but they're
going to get more units per acre. It's more profitable.
MR. GIORDANO: But it's still mixed, though?
MR. FOOTE: Oh, yeah.
THE CHAIRMAN: Roger?
MR. SPITZ: Larry, suppose these houses are
built in this general area. As a licensed appraiser, how
much percentage wise would you depreciate the houses in
that area?
MR. FOOTE:
It's hard to pull a figure out of
the air, which is what that would amount to. However, I
have done this in the past in areas of all single family
dwellings versus single family dwellings and other uses.
I did a study like that out on Alexander Spring Road, and
the.e was a marked significant decrease in appreciation of
those houses. It's hard to say. I could say ten.
Somebody else could say five, I'm not prepared to prove
that figure at this point. but that can be proven by
taking samples of properties that sold in all residential
single family detached neighborhoods versus another
neighborhood, and look at the sale prices per square foot
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and compute the difference, the ratE!.
MR. SP[TZ: You just can't give me a figure
right now?
MR. FOOTE: It would be unqualified. It would
be a guess. probabl y t.en to 15
I would say, maybe, in
this situation, because of the value of the homes, which
you're looking at $180,000 homes out here, maybe as much
as 20 percent. But, again, my crystal ball is no better
than yours.
MR. SPITZ: That's d hypothetical?
MR. FOOTE: Yes, that's a guess.
MR. SPITZ: Thank you.
MR. KEISER: Mr. Foote, wha: would you say is
the average in single family residential property in
Carlisle neighborhood rate of appreciation currently?
MR. FOOTE: Probably six to eight percent.
MR. KEISER: Annually?
MR. FOOTE: That depends on the neighborhood.
I mean, if you look at a neighborhood, you can get
different rates of appreciation and different rates in
Carlisle, and it depends on what the surroundings are.
Houses across the street from the factories, like, P.R.
Hoffman, Tire and Rubber, certainly won't increase or
appreciate the value at t.he same rate as the ones in the
Old Mooreland section where you have all single family
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detached ~esldential p~ope~tles.
MR. KEISER: What would you say is the cu~~ent
rate of appreciation of p~ope~ties on East Ridge street?
MR. FOOTE: I would not say -- I could not say
",
what the app~eciation of ~ate is on East Ridge St~eet
because there have not been enough sales and ~esales on
~he same p~ope~ties on Ridge Street. I know that because
I have recently appraised two prope~ties on East Ridge
street, and there's a very short supply of compa~able
sales in that area. People tend to stay the~e almost
fo~eve~. There just haven't been many comparable sales.
So that's the way you would establish an appreciation
rate. Look at what a house at 60 East Ridge Street sold
fo~ five years ago, look what it sold for, again, this
year, if no changes have occurred, no physical
improvements have been made, the difference would equate
to be the appreciation rate. But we don't have enough
sale and resale properties in that area to calculate that.
MR. KEISER: How can you come to the
determination that these prope~ties are decreasing in
value?
MR. FOOTE: Did I say they're decreasing in
value?
MR. KEISER: The rate of app~eciation is
decreasing.
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MR. FOOTE: Old I Hay that?
MR. KEISER: I und'!t'stood you to say that.
MR. FOOTE: You think that [ said that the
property values on East Ridge Street are decreasing?
MR. KEISER: No. The rate of their
appreciation is decreasing if these units are built,
MR. FOOTE: Oh, will decrease? Yes, I did say
that.
MR. KEISER: Help me understand how you can
make that determination if you don't know what they're
appreciating at without that building.
MR. FOOTE: Let me run through this for you
again. If you can buy a property, a single family
detached dwelling in an all single family detached
dwelling neighborhood for $180,000, you buy the identical
property, built by the same builder, in an adjoining
neighborhood where there are single family detached
dwellings and duplexes or town houses, both exactly the
same house, their clones, they're both on the market for
$180,000, which one would you buy?
MR. KEISER: I would buy the single family
house.
MR. FOOTE: You would buy the one in the
neighborhood of all single family dwellings.
MR. KEISER: That's right.
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MR. FOOTE: Now, what can [ do to entice you to
2 buy the one that has town houses and duplexes across the
3 street', Is there anything [ can do to make you want to
4 buy that house?
5
MR. KE [SER: [don't think you' ro compar ing
6 apples and apples, in my mind.
7
MR. FOOTE: It's not. What would I have to do
8 to get you to buy that house in the mixed use
9 neighborhood? Say lower the price, What do you think I
10 might do?
11
MR. KEISER: Let me try to explain to you what
12 the specific problem is in what you're saying here.
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You're telling me that these properties, the rate of
14 appreciation is going to decrease, but I don't think
15 you're taking in account what's already behind these
16 properties. There's a dilapidated structure back there
17 that's really not appealing. I don't understand how you
18 can say what you're saying when you don't consider what's
19 in place currently.
20
MR. FOOTE: What I'm saying is I'm explaining
21 what conformity is all about and the impact of lack of
22 conformity in a neighborhood, generally. That's all I'm
23 saying. I'm trying to illustrate how that works, how the
24 principle of conformity works.
25
MR. KEISER: And I think to do that correctly
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Q HIghland Avenue, as well?
A No.
Q Now, on ~ast Ridge street, is it not true that
there are a number of duplexes?
AVes.
Q So they're existing?
A Yes. r. said predominantly single family
detached, but there are a couple of town houses.
Q Now, you've spoken about the number of
increases that you would expect or problems you would
expect if this property came in there, how the impact
would have on that. You're speaking in theory, are you
not, rather than individual sales that are lost or
something of that nature? you're speaking in appraising
theory?
A I don't know so much theory as it is what
actually occurs when you don't have conformity.
Q But you're not basing this on actual sales that
were made or not made, are you?
A No.
Q Now, are there not other factors that influence
a person buying or not buying in the neighborhood besides
whether there are duplexes in the single family
neighborhood?
A Sure.
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got more traffic coming and going. Not everybody loves
2 kids going through their back yards. I don't know if they
3 have that problem or not. I'm just talking about a
4 potential for that in an area where you're adjacent to a
5 school. So there is a benefit because of the proximity to
6 the school, if that's what you're leading up to.
7
Q
But if you consider the benefits versus
8 detriments, would you agree there is, a least, a slight
9 detriment to the neighborhood?
10
A
I don't know.
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Let's go back a few more years since this is an
12 old neighborhcod. How about when they put the MJ Mall in
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across the way. Did that have an effect?
14
A
I would say that that probably would have had
15 an adverse impact on the neighborhood. In other words, a
16 commercial use adjacent to a residential neighborhood
17 would tend to have an adverse impact on residential value,
18 generally.
19
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How about the proposed construction across the
20 way from the Alliance Home where they're going to be
21 putting in many more apartmepts?
22
A
I don't think so because there is an existing
23 situation there, and where they're placing those is off to
24 the side. They're only putting two units in there, as I
25 recall, because I appraised that for the Alliance Home.
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Thank you. think that's all I have.
MR. BROUJOS: I have somD questions in
rebuttal, if 1 could.
B'f MR. BROUJOS:
Q Is it correct that your observations, when you
were questioned about them being based on appraiser theory
are, in fact, based on your experience?
A Yes.
Q And are most of the observations based and
standards that are used in appraisal and evaluation based
on experience?
A That's correct.
Q Given as a constant matter the addition to
property, schools, shopping, roads, is it your testimony
tllat this proposed development would have a tendency to
lower the values of the properties?
A 'fes, only because of its style and design of
not being single family detached dwellings.
Q And is it correct that with respect to your
last question from Mr, Morgenthal about the effect of two
single family dwellings, as there are more dwellings, that
would tend to have more of an adverse impact in that
development area?
A 'fou mean at greater density?
Q 'fes.
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detached dwellings?
Q 'les.
A 'les.
Q And what would that effect be?
A Lowering them.
MR. MORGEN'rfIAL: Thank you.
B'l MR. BROUJOS:
Q Did you, in your consideration of the R2 medium
density district, consider the intentions set forth in the
ordinance, which I alluded to in my earlier remarks?
A 'les, I did.
MR. BROUJOS: No further questions. Any
questions from Borough Council?
THE CHAIRMAN: No questions. Proceed, John.
B'l MR, BROUJOS:
Q For the record, just one more question of
Raymond.
Mr. Wickard, what respect to the operation of a
florist shop in the past at the Robbins' location are you
aware of a manner in which he moved goods back into and
supplies back into the shop?
A Pertaining to what?
Q From the Ridge street area.
A Well, occasionally he would -- if he was
getting freight in on a tractor-trailer, rather than to
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street -- It's not In accordance with the ordinance. It's
a vioiatlon, and Il's another exception they're asking
for.
In addition, there was an observation, well,
the problem of laking water out; it's there, but we're
going to try and soLve it. And I would say, again,
attempting to make a street and to put buildings that are
not in conformance with the character of the neighborhood
is causing one violation, one exception after another.
Now, the observation and the fact, I believe,
it was that there are a series of garages that had to be
accounted for and that it was difficult to make the
transition. And there, again, the developer and his
planner are saying, in attempting to change an alley into
a street, we have to make another
and that's about a
fifth exception. So they eliminate the curb.
I think you have to give serious consideration
to the fire fighting issue, and I won't go into that
anymore. There is no question that these people have been
willing to negotiate a purchase. There has been testimony
unrefuted that Louise, my wife, we weren't asked, and
Anqiolillos weren't asked, and there is always an
opportunity for some negotiation for purchase, and that's
a matter that's aLways open.
1 regret that Hoger, again, this time has said
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that there were no suqgeslions and no discussion.
Actually there was dIscussion, and it simply was a matter
that thore was no aqreement.
The reasons that arc qiven are numerous. First
the character, and, in fact, this changes the character of
the neighborhood. There are now app~oximately nine units
just on the southern side of Ridge street from an alley
that's 16 foot 9 inches wide down to Bedford street, and
two of those are a duplex. All of a sudden, we have four
more duplexes, which changes it from roughly one out of
nine in that area from beinq a duplex, a very compatible
design, to five out of nine being duplexes.
The precedent is really important. The effect
of this decision would go far beyond. As far as the
question of buildings being built along alleys, if that's
wrong, it shouldn't have been done. And if it wasn't good
planning and it wasn't in conformance with the ordinance,
it shouldn't have gone through.
We cited five separate situations where there's
violations. The children is a major issue. Backing up a
fire truck, backing up of UPS and garbage collection, it
creates hazards for children, And! have to mention
children, aqain, ~ecause it involves a grandchild now and
a grandchild in lIlovcmber and the numerous Kretzing
grandchildren and children. What's going to happen is
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,.....,
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Brief closing remarks, Roger.
2
MR. MORGEN'l'f1AL: Yes. r'll try and make this
3 very brief.
4 Apd 1 26, 1995, Mr. Brou )OS wrote a letter,
5 which I think is probably part the record here. And among
6 the things, he points out in the third paragraph, we met
7 with the developer and are opposed to the development
8 plan, and I think that sums up the situation here.
9 There's no question that these folks are very
10 sincere in their open decision, but I would suggest that
11 simply not wanting something to commend, whether it's 85
12 percent or 100 percent, is not and never has been a legal
.t
1 3
reason for another property owner to be deprived of the
14 use of his or her property. We have asked for a number of
15 waivers. That is true. The only one we characterize as
16 significant is the overall width of the right-of-way,
18 Back in the 1960s, I believe it was, when that
17 simply because there Just isn't anything more available.
19 30 or 34 foot strip was reserved, that's all that was
20 required by the ordinance then. The important point is
21 not to look at the overall width of the right-of-way. I
22 think we have to look at the cartway. The testimony of
23 our engineer is the cartway is going to be 22 feet, and it
24 you look at Section 226-23 of your ordinance for a local
25 street, the minimum for a local street is a 22-foot
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like to leave it the way it is. My clients have come in
and proposed a deveLopment which is in conformity with the
ordinance to the greatest extent possible. We suggest
that it is appropriate and compatible with the
neighborhood, and we ask that you give us a favorable
approval. Thank you.
THE CHAIRMAN: At the beginning of our meeting,
members of council, I enco~raged you to make a decision
tonight. This has been before us now for a couple of
months, and as I said, these people have been to three
meetings. This is the fourth. So I woulj encourage you
to make that decision tonight. Are you ready to make a
decislOn?
MR. SCHORPP: Mr. Ocker, before you do that, if
I can interrupt, with your permission. I want to make
sure that we have a complete record as far as what's
transcribed for what has occurred this evening. Let me
read for both Mr. Morgenthal and Mr. Broujos what I
perceive to be essential parts of the record aside from
the testimony. And if either of you have any objections
to either of those items, pLease interject your objection
after I've listed it.
It wouLd be my impression that the record
should include the original pl~n application; the
25 preliminary plan; the written request for modification of
L
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standards in the lE!tter fl'om Roqer Morqenthal dated May
10/ 1995; minutes of thE! Planning Commission meeting of
April 27, 1995; minutes of the Borough Council meeting of
May II, 1995; proof of publication of public notice of the
public hearing which was held this evening; proof of
publication of the public notice of the special meeting
that's being held this evening; two exhibits offered by
the applicant this evening; photographs 1 through 11
offered by the residents this evening; Mr, Brou)os' letter
of April 26th, 1995 addressed to the Planning Commission;
and I believe that that would complete the necessary
submissions into the record. This matter did appear
before the Planning Commission and Borough Council in 1994
as solely a request for modification of standards without
an accompanying plan, and the matter was tabled at that
time. I see no reason to include those minutes unless
either one of you request that they be included.
MR. BROUJOS: What minutes were they, again?
MR. SCHORPP: They would be the minutes of the
Planning Commission of July 20th, 1994 and the Borcugh
Council meeting of August II, 1994, at which the request
for the modification of standards was tabled.
I believe that all of the information required
for that has already been -- or has been covered, again,
as part of the instant proceedings.
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essential part of the meeting and it should stay.
MR. SCHORPP: And your letter was sent on
behalf of the residents that you're objecting to. Is that
correct, Mr. Broujos? You're objecting to including in
the record your letter that you sent on behalf of the
resident.s?
MR. BROUJOS: Yes. We made our point on behalf
of the residents.
MR. SCHORPP: It would be my advice to council
that the letter ought to be considered a part of the
record if Mr. Morgent.hal request that it be included.
THE CHAIRMAN: Thank you for your advice.
MR. SCHORPP: I belleve that should conclude
the transcript or the record of the actual hearing,
itself .
THE CHAIRMAN: One more person to speak,
please,
DENNIS LEBO: My name is Dennis Lebo. I live
at 514 Northwest street in the borough. As d resident of
the borough who is concerned about subjective application
of property owners' rights as well as the tax base, I'd
like to make a few observations.
I've heard the objectors prestHlt the 1 r case
four times, and, at least, three occasions, Mr. Broujos
and others have stat.ed that their highest desire would be
C.P.C.R.S
(717 \ 258-3657 or (800) 86J -3657
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on th~t basis and you voted for the rezoning of the Giant
2 tract, you owe the folks on South Spring Garden Street
3 qui te an apology. Or conversely / I f a shopping center
4 across the street from R2 houses is not lacking in
5 compatibility or changing the character which appears as
6 Mr. Broujos believes since his firm represented Giant in
7 those proceedings, those garages back to back certainly
8 are not incompatible.
9 As far as his argument over safety is
10 concerned, at your May meeting, there was a discussion
11 presented that it should be decided that you were going to
12 believe the staff when there was conflict between you
.".
1 3
and/or the staff in the second party. I'm sure you read
14 the minutes, and T/ll try to refer to them from the two
15 Planning Commission meetings held on this plan. I know
16 that Mr. Keizer was questioned quite directly about the
17 safety issues in that he is confident that it is a plan
18 that should not be rejected for safety reasons. In fact,
19 the min1ltes, and it has also been referred to this
20 evening, also stated that the staff recommend approval.
21 So those of you who hold that position that the staff
22 should be believed should not vote against the plan for
23 that reason.
24 As a taxpayer, I feel if you deny this plan,
25 you should reduce borough expenditures, not only to offset
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F~Dnk hUH one mo~e quest Lon.
MR. GlORLJANO: [have one question for ou~
bo~ough flngLneer.
[n fal~neHH to the people that live on Ridge
St~eet, you say there will be no cu~b or sidewalk in the
rear of theL~ building. Will that ba fo~eve~, or sometime
down the ~oad, can anothe~ council make them put a cu~b o~
sidewalk Ln'?
MR. KEISER: You~ ordinance p~ovides you the
authority within 30 days written notice to any property
owners to require curb and sidewalk construction.
MR. GIORDANO: Say this again, now.
MR. KEISER: Your current ordinance on the book
gives you, as a council member or the council, the
authority to require within 30 days written notice
directing any property owner in the borough to construct a
curb or sidewalk. You have the authority to do that.
Your current ordinance.
MR. GIORDANO: But what I'm saying, five years
down the road or ten years down the road, they say to
them, you have to put a curb and sidewalk in the back,
they have to do this?
MR. KE[SER: That is a possibility, yes.
MR. BEAN: Just a follow-up questLon on that.
I heard a little bit from Mr. Brehm on this. Maybe you
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can expand on it a little bit, Mike. On the topography on
that, what would that mean trying to put a curb and
sidewalk in that area:
MR. KEISER: You'd have to fill some of the
lots. You might have to lower some of the lots to get an
even grade. Right now if you put curb and sidewalk in,
there will be definite restrictions to drainage on site to
the properties, which could cause them some flooding
problems.
MR. GIORDANO: In other words, what you're
saying, let it alone?
MR. KEISER: That's my recommendation. Let it
cross the street and get into the drain system that the
developer is proposing to build.
MR. BROUJOS: Since that observation is made, I
have to make a very serious objection to that opinion
because if you're saying that a property owner that lives
on Ridge Street that already has sidewalk in the front is
subsequently going to be subject to a potential council
down the line assessing and imposing sidewalk and cushion
on the rear of their lot, it's extraordinary. It's
deprivation of property without due process. It's unfair,
and it shows you the defect of this entire jury-rigged
system to try and make a street out of an alley in that
area, Because one after another we're seeing four, five,
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six, seven changes that are being made and opinions being
2 given to a development.
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MR. MOHliEN'l'HAL: With all due respect, I thInk
4
Mr. Keiser's point
and r don't want to put words his
5 mouth, but that is on the books now and has nothing to do
6 with what our requirements are.
7
THE CHAIRMAN: I close the hearing at this
8 time.
9 Members of council, are you ready to make a
10 decision tonight? If you are, r' 11 turn the meeting over
11 to Bob, and we'll open our meeting and make a decision.
12 Are you ready?
II'.
13
MR. OWENS: Members of council, we're reviewing
14 now the information that's before us, and that is
15 considering a preliminary subdivision and land development
16 plan of the Robbins' property development, which is
17 submitted by the Windsor Building Company,
18 We've indicated by accent that you are ready to
19 make a decision on this.
20 Mr. Solicitor, if my wording is correct, then
21 if we vote yes to the approval, then the preliminary
22 subdivision and land development plan goes into action.
23 If we vute no, then it's done. It's a moot subject as of
24 th.l.s evening. r would ask your advice, sir, since we have
25 the possibility of a tied vote. If It is a tie vote, it's
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my understanding that it cannot be an approval, so it
stands, then, for a disapproval. And then we can call
within four or five days, as I understand your
information, for a meeting to have either the mayor and/or
the president of council vote.
It would have to be the
mayor to come in and cast his vote in order to break the
tie.
MR. SCHORPP: Let me amplify on what you're
legal posture is this evening. First of all, let me say
that I gave you some confusing information before the
meeting about the possibility or the situation if there is
a tie vote. I'll clarify that for you in a minute.
As I understand from my discussion with borough
staff, the preliminary plan, which you have before you,
meets all of the requirements of the borough/s subdivision
and land development ordinance, which appears in Chapter
226 of the Code of the Borough of Carlisle with the
exception of three items. It ,is my opinion, also, that
the use proposed by the plan meets the requirements of the
zoning ordinance, which appears in Chapter 255 of the
Code. Therefore, the three deficiencies which appear are,
number one, the lack of a required 50 foot wide
right-of-way for Cemetery Avenue, which is being proposed
not as an avenue or as -- we do not like to call them
alleys, but is being proposed as a local street and will
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ordinance, whch are not being met in the conditions,
which are not being met by this plan.
have prepared language for you, which I will
read now and [ will repeat later If it is your desire to
move to deny the plan. And if you so desire, your motion
should be to deny the prelIminary plan approval because
the right-of-way of 50 feet required under section
226-23C1 is not provided and no modification that this
standard should be granted under Section 226-14.
Additionally or separately, you may add or act
on individually a further concern that the absence of
curbing and sidewalk on the north side of Cemetery Avenue
violates Section 226-22 of the Code of the Borough of
Carlisle, which section incorporates the public works
standards specifications into your subdivision ordinance,
and those specifications include the requirement for
certain curbing and sidewalk, and that no modification of
that standard should be granted under Section 226-14.
The motion should further state that granting
of the modifications are not deemed to be in the public
interest and/or that purpose and intent of the subdivision
and land development ordinance will not be observed. So
that if you do move to deny the preliminary plan, you must
be very specific and refer to those areas. Those
sections, from my revIewIng your staff's review, are the
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only sections which you could point to to deny this plan.
MR. OWENS: Thank you, M~. Solicitor. Members
of council, you have heard the Intense briefing from our
solicitor giving us language for a motion to approve and
also a motion to deny. If I could summarize the motion to
approve, we would have to grant a modification standard on
three deficiencies. In essence and on a motion to deny,
we would have to state specifically the languages
described by the solicitor coming from the ordinance.
Before I entertain a motion, I will ask for any discussion
from members of council.
Mr, Ocker?
THE CHAIRMAN: There were ten condi tions. \'Ie
have verification that the other seven of them have been
met.
MR. DENNIS: We have a signed statement that
they agree to the ten conditions that are in your __
THE CHAIRMAN: Okay.
MR. SCHORPP: And you should handle those in
your normal fashion if you move to approve them.
MR. OWENS: Any other discussio~s from members
of counci l?
Mr. Ocker, being the community planning and
quality of life chair of the committee, I would entertain
a motion from you.
c.p.c.n.S
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THE CHAIRMAN: I move that we appr-ove the
2 subdivision iand development plan with modification of
3 those thr-ee deficient ar-eas, and I would ask the
4 repr-esentative of the WIndsor- BuildIng Company if you
5 approve of the ten conditions, we have ver-ification and we
6 can make that par-t of our- minutes. I so move, Mr-. Vice
7 President.
8
MR, OWENS: It's been properly moved by our
9 Chairman, Mr-. Ocker-, that we appr-ove the preliminary
10 subdivision plan with modification of standards for those
11 three deficiencies.
12 Do I have a second?
.t
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MS. CHERTOK: Second.
MR. OWENS: Second. It's been properly moved
15 on the second that we do have the council approve this.
16 You've hear-d the motion.
17
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MR. SPITZ: Call for- the question.
MR. OWENS: Question being called for. We will
19 now pI.oceed to vote. I'd like to have a roll call vote on
20 this.
21 Madam See r-etary?
22
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MS. LAY: Cher-tok?
MS. CHERTOK: Yes.
MS. LAY: Gior-dano?
MR. GIORDANO: Yes.
C.P,C.R.S
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MS. LAY: Herman?
MR. HEHMAN: No,
MS. LAY: Ocker?
MR. OCKER: Yes.
MS. LAY: Owens?
MR. OWENS: Yes.
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MS. LAY: Spitz?
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MR. SPI'l'Z: Yes.
9
MR. OWENS: The motion has been approved five
10 to one, and it is a motion. Motion carried.
11
Mr. Ocker'!
12
THE CHAIRMAN: Before we close, I would just
.""'1I
, '~i!"
13
like to thank John and Roger for doing their homework.
14 It's very interesting and a joy for me to sit here and
15 watch you two work so eloquently. I just want to thank
16 you for the time you put in and also to add for the
17 excellent advice he gave to counsel. Thank you very much.
18
(Whereupon, at 9:40 p.m., the hearing
adjourned. )
19
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~ I hereby certify that the proceedings and
2 evidence are contained fully and accurateiy in the, notes
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3 taken by me on the within proceedings, and that this copy
is a correct transcript of the same,
t'!
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Public
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(717) 258-3657 or (800) 863-3657
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(MuM llc t)'pcwribr'ft ..... -.bmltlrd in duplincr.
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please li.l Ihe wilhin mailer for the n.:xt:
,/)
'"
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Pre-Trial Argumenl Courl
x
c...)
t-'
tv
Argumenl Courl
..........____.___...__...____._______.___...__.______MU____________...______________.__...___..___........___.........__
JOHN H. BROUJOS, LOUISE BROUJOS,
HAROLD KRETZING, JEAN KRETZING,
and ROBERT LEE JACOBS,
Appellants
.
. c.a
IN THE COURT OF COMIibN PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
95.4166 CIVIL TERM
v.
CARLISLE BOROUGH COUNCIL,
Appellee
APPEAL FROM LAND USE
and
NORMAN ELAM, and
MARY LOU ROBBINS,
Intervenors
1. State maner 10 ba argued (I.e., plaintiff's motion lor new trial.
defendants' demurrer to complaint. etc.);
Appellant's Land Use Appeal
2. Identify counsel who will argue case:
(a)
lor Appellants:
Address
John H. BrouJos. Esquire
4 N. Hanover Street
Carlisle, PA 17013
(b)
lor Intervenors:
Address
Roger M. Morgenthal. Esquire
11 East High Street
Carlisle, PA 17013
3. I will notify all parties In writing within two days that this case has been listed lor argument.
4.
Argument Court Date:
Call 01 Argument list Date:
October II, 1995
N/A
Dated:
C! l /1 J -
..~
~~.:Vl
Roger M. Morgenthal, Esq e
Anorney lor Intervenors
223
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JOHN H. BROUJOS, LOUISE BROUJOS,
HAROLD KRETZING, JEAN KRETZING,
and ROBERT LEE JACOBS
Appellants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 95-4166 CIVIL TERM
v.
.
.
.
.
CARLISLE BOROUGH COUNCIL
Appellee
APPEAL FROM LAND USE
NOTICI or rILING or SUPPLEMENTAL RECORD
Pursuant to an agreement of counsel, in the above referenced
matter, the Appellee, Carlisle Borough Council, files the fOllowing
item to supplement the record in connection with these proceedings:
1. Letter of May 10, 1995, from Louise and John H. Broujos to
Borough Council together with attachment.
Respectfully submitted,
BY'~~~
Edward L. Schorpp, sq.
Solicitor for Borough
of Carlisle
Landis, Black & Schorpp
36 South Hanover Street
Carlisle, PA 17013
717 - 243-3727
ce: John H. Broujos, Esq.
Roger M. Morgenthal, Esq.
""'"
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Louise and John H. Broujos
78 B. Ridge Street
Carlisle, PA 17013
717 249 3048
FAX 717 243 8227
May 10, 1995
Borouqh Council
33 West South Street
Carlisle, PA 17013
RBI Robbins/Windsor Proposed Development
Dear Council I
I represent the citizene of the Bast Ridge Street area who oppose
the above development.
Inclosed is a list of persons directly involved by havinq
properties bordering on the alley known as Cemetery Avenue and
others who live in the neighborhood which is affected by the
chanqe in the character of the neighborhood by this development.
Contrary to the statement of the developer that there is only one
request for waiver--the 34 foot right of way for the required 50
foot riqht of way.
There are at least three variations from the Codesl
1. The request to use a 34 foot right of way for the street
instead of a 50 foot right of way.
2. The use of a 12 to 14 foot riqht of way in the alley off
Ridge Street; whioh creates a serious and potentially life-
endanqering condition for two way traffic and even for one-way
traffic. The nature of the location of garages and buildings on
the alley creates a hazard.
3. The absence of a sidewalk on the north side of the proposed
street. Where children are concerned--both those of present
property owners and those of any of the proposed houses--access
of the eafe haven of a sidewalk from vehicle traffic ri.ks
injury. .
4. The proPQsal violates the intent as laid out in the ZoninQ
Qrdinanc.1
A. Ssction 255-121 An alley is defined as "a minor way,
which mayor may not be legally dsdicated, and is ueed primarily
for vehicular eervice access to the rear side of propertiee
ot.herwi.e abut.ting on a street."
B. Ssction 255-211
"The intent of the R-2 Medium Density
71.l'
A .)
...
.
Re.idential Di.trict i. tOI
A. Provide for the orderly expansion of areas that
offer re.id.ntial neighborhoods at a medium density."
B. ...carefully control the types of housing to
en.ure compatibility with existina houses."
c. Carefully protect these areas from use8 that may
not be fully compatible.
Section 255-21 Intent and Obiec:tivel! Zoning ''Was adopted
with rea.onable con.ideration, among other thinga, of the
existina character of the various areas within the Borough of
Carlil'le and their respective suitability to particular uses."
Section 255-8 InterDretatiQn ".. .the provision.
of this chapter shall be interpreted as the minimum requirements
for the promotion of health, safety, morals and general welfare.
Where this chapter conflicts with any ru.le, regulation or
ordinance, the greater restriction upon the use of buildings or
premi.e....or upon requiring larger open spaces ahall prevail,
regardle.. of it. .ource."
5. Approval would .anction turning alleys of the Borough into
.treet. for development requiring alteration of olle good planning
requirement after another.
Whenever there i. an attempt to circumvent good planning
technique. by forcing a development into a place where
development was not intended, the planner is forced to start
altering other sound planning requirements and the Borough is
a.ked to grant. change. where the ordinance and good planning
never intended that there be changes.
THE PROTESTANTS ASK THE COUNCIL TO HOLD A PUBLIC HEARING on this
i..ue becau.e of the .eriou. precedent that it would set in the
Borough for cramming buildings in alley lots without adequate
con.ideration for the existing character of the community and
protection of our youth.
~~YO",,'
John H. Bro~~ P'ote.tants
I
2Z,"
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JOHN H. BROUJOS,
LOUISE BROUJOS,
HAROLD KRETZING,
JEAN KRETZING,
and ROBERT LEE JACOBS,
APPELLANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CARLISLE BOROUGH COUNCIL,
APPELLEE
V.
NORMAN ELAM and
MARY LOU ROBBINS,
INTERVENORS
95-4166 CIVIL TERM
BEFORE HOFFER. J. AND BAVlwEV. J.
ORDE~ OF COUBI
AND NOW, this ~day of October, 1995, the within appeal,lS
DISMISSED.
/
By the Court,
John H. BrauJos, Esquire
For Appellants
Edward L. Schorpp, Esquire
For Appellee
Roger M. Morgenthal, Esquire
For Intervenors
~ If
Edgar B. Bayley, J.
(
:saa
,""'
r'.
95-4166 CIVIL TERM
"modification of requirements" under Section 226-14A of the Subdivision and Land
Development Ordinance of the Borough of Carlisle for, (1) the lack of required right-
of-way width of Cemetery Avenue, a public street the developer will Improve, and (2)
to delete curbing and sidewalk on the north side of Cemetery Avenue. The
developer's subdivision and land development plan with the requested modification of
requirements was approved by the Carlisle Planning Commission, Borough Council
then held a public hearing on July 5, 1995,2 At the conclusion of the hearing, Council
voted to approve the plan with the two requested modifications of requirements. A
letter of approval was Issued on July 17. 1995.
Cemetery Avenue Is perpendicular to South Bedford Street. Appellants, Harold
and Jean Kretzlng, own a home, other than the one In which they live on East Ridge
Street, on the southwest corner of South Bedford Street and Cemetery Avenue. That
property, numbered 634 South Bedford Street. is to the east of the property of
Intervenors, and was deeded to the Kretzings In 1971 from the estate of Evelyn N,
Robbins, a predecessor in title of intervenor Mary Lou Robbins. That conveyance
reserved a right-of-way for expansion of Cemetery Avenue to 34 feet, which was the
existing right-of-way requirement for such a local street in the Carlisle Subdivision and
LI'.nd Development Ordinance, That ordinance was subsequently amended to
Increase the minimum right-of-way width for such a street from 34 feet to 50 feet.
2, A public hearing on a subdivision plan is not required by the Subdivision
and Land Development Ordinance or the Municipalities Planning Code. 53 P.S, S
10508(5).
-3-
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95-4166 CIVIL TERM
The approved plan requires Windsor Building Corporation to pave the cartway
of Cemetery Avenue to a width of 22 feet, which meets the minimum pavement width
required In Section 226-23C(1) of the Subdivision and Land Development Ordinance.
The right-of-way width of 34 feet cannot be increased to the minimum 50 feet required
In the ordinance because an additional 16 feet would Infringe on the Kretzlng property
at 634 South Bedford Street. The approved plan allows a modification of the right-of-
way width to 34 feet. The approved plan also allows a modification deleting a curb
and sidewalk required in Section 226-22A of the Subdivision and Land Development
Ordinance on the north side of Cemetery Avenue, This modification, granted upon
the recommendation of the Borough engineer, will allow rainwater to collect Into a
drain system the developer will build which, without being restricted by curb and
sidewalk on the north side of Cemetery Avenue, will protect the properties to the
north from water, Water will drain from those properties into the system. Windsor
Building Corporation must install curb and sidewalk on the south side of Cemetery
Avenue where the duplexes and garages are to be built.
DISCUSSION
Appellants maintain that Borough Council violated Article IV, Section 255-21 of
the Carlisle Borough Zoning Ordinance in failing to address whether the proposed
use of the land will "be in harmony with the character of the neighborhood or would
unreasonably interfere with the use and enjoyment of the surrounding property." The
neerby single-family homeowners who spoke at the hearing in opposition to the plan
-4-
~
~
95-4166 CIVIL TERM
Municipalities Planning Code. (Emphasis added).
The use of intervenors' land for single-family semidetached dwellings Is "permitted ~
r!.Qb1" In an R-2 District: Appellants' and Intervenors' properties are all In a designated
medium density zoning District that already contains duplexes on East Ridge Street.
Therefore, the use objected to by appellants herein, as set forth In Braun. v.
Swarthmore Borough, .upra, "can hardly be held to be proscriptions of an otherwise
lealtlmate use of one's orooertv." (Emphasis added).
Appellants further maintain that Borough Council abused Its discretion In
granting the two modifications of requirements, which they argue are not supported
by substantial evidence. The modifications of requirements from the Subdivision and
Land Development Ordinance were for the right-of-way width of Cemetery Avenue of
34 feet rather than 50 feet, and the dflletlon of a required curb and sidewalk on the
north side of Cemetery Avenue.. The modlf:catlons were granted under Section 226-
4, There is no need for a variance or special exception under the Borough
zoning ordinance because the developer's plan meets all zoning regulations. The
standards for granting variances to zoning regulations, repeatedly referred to In the
brief of appellants, do not apply to granting modifications of requirements under (he
Subdivision and Land Development Ordinance. Wlmbledon Court Aa,ocl.te.
Appeal, 85 Pa, Commw. 517 (1984). The Borough zoning ordinance regulates the
lawful use of land; the ordinance under which the two modifications of requirements
were granted sets standards and procedures for the subdivision and development of
land as set forth In the Municipalities Planning Code at 53 P.S, Section 10503(5),
authorizing local ordinances with:
Provisions for encouraging and promoting flexibility, economy and
Ingenuity In the layoutllnd design of subdivisions and land developments
including provisions authorizing the planning agency to alter site requirements
and encouraging other practices which are In accordance with modern and
evolving principles of site planning and development. (Emphasis added,)
-6-
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95-4166 CIVIL TERM
14A of that ordinance which provides:
Modification of requlrementa.
The Borough Council mav arant a modification of the
reaulrements of one (1) or more provisions If the literal
enforcement will exact undue hardshlD because of peculiar
conditions Dertalnlna to the land In auestlon, provided that such
modification will not be contrarv to the Dublic Inter.t and that 1hI
DurDose and intent of t~lls chaoter are observed. (Emphasis
added),'
The record of the hearing on July 5, 1995, demonstrates that Borough Cout1cll
considered this provision. The peculiar conditions pertaining to the land are that the
right-of-way available for a local street to provide access to the subdivision Is limited
to 34 feet, although a street can be paved to an allowable width of 22 feet, and that
drainage from the street must be directed to the south In order to protect the
properties to the north of Cemetery Avenue on which there are residences facing
East Ridge Street. Literal enforcement of the subdivision ordinance will create an
undue hardship on intervenors in that a lawful use of this property for duplex housing
will be prevented in a zoning district specifically designated for medium density
housing. The word "chapter" as used in the modification of requirements section 226-
14A, refers to the entire Borough of Carlisle Subdivision and Land Development
Ordinance titled in Section 226-1, Among the purposes of the chapter set forth In
Section 226-2, are:
5. This Is the standard set forth In the Municipalities Panning Code at 53 P.S. S
10512.1.
-7-
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Judge Anigned:
Judgment:
.
PYS510
1995-04166
cumb~and County Prothonotary's Office Page 1
Civil Case Inquiry ~
APPEAL - ZON rNG Filed.. .. . . . ..
8/03/95
3:54
BAYLEY EDGAR B
.00
Superior Co
Execution Date
Sat/Ois/Gntd. .
Jury 'l'rial....
0/00/00
0/00/00
..............................................................**................
General Index Attorney Info
BROUJOS JOHN H APPELLANT BROUJOS JOHN H
BROUJOS LOUISE APPELLANT BROUJOS JOHN H
KRETZING HAROLD APPELLANT BROUJOS JOHN H
KRETZING JEAN APPELLANT BROUJOS JOHN H
JACOBS ROBERT LEE APPELLANT BROUJOS JOHN H
CARLISLE BOROUGH COUNCIL OF APPELLEE SCHORPP EDWARD L
..........................**....................................................
* Date Entries *
...................**...........................................................
APPEAL FROM DECISION OF ZONING HEARING BOARD
WRIT OF CERTIORARI ISSUED
MOTION FOR A STAY
CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
ORDER OF COURT - IN RE MOTION FOR A STAY - RULE ISSUED ON BOROUGH
OF CARLISLE RETURNABLE 8/14/95 @ 2:30 PM CR 2 - BY JUDGE EDGAR B
BAYLEY - COPY MAILED AND PERSONALLY GIVEN TO ATTY BROUJOS 9/10/95
NOTICE OF INTERVENTION
STIPULATION
ORDER - IN RE MOTION FOR A STAY OF ACTION - GRANTED - BY JUDGE
EDGAR B BAYLEY - NOTICE MAILED 8/16/95
NOTICE OF FILING OF RECORD - EXHIBITS FILED IN BASEMENT
TRANSCRIPT FILED
PRAECIPE FOR LISTING CASE FOR ARGUMENT BY ROGER M MORGENTHAL ESQ
NOTICE OF FILING OF SUPPLEMENTAL RECORD
OPINION AND ORDER OF COURT - DATED 10/31/95 - DISMISSED - BY EDGAR
B BAYLEY J
................................................****............................
* Escrow Information *
* Foes' Debits Bea Ba.l. pvmts/Adi End Bal *
.............*....*...*..................~......,....*..........................
il~i~~~~
~ 2~n
~ B~~~
~H~n~~~
08/15/95
81~~'~n
~ IYO/95
1 131/95
35.00 35.00 .00
.50 .58 '.88
5.00 5.0
5.00 5.00 .00
------------------------ ------------
45.50 45.50 .00
**..*..*****.******...............................................tt.....*...**.
* End of Case Information *
.......**.*........................................n..............**....**......
APPEAL ZONING
TAX ON APPEAL
SETTLEMENT
JCP FEE
TRUE COPY FROM REOOAD
In T IiStlnalyWllereul. I I\lJrfl unto set,..,....
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IN TH~ COMMONWEALTH COURT OF PENh. _LVANIA
NOTICE OF DOCKETING APPEAL
Docket No: 3357 C.D. 1995 Filed Date: 11/28/95
Re: BROUJOS, KRETZING , JACOBS v CARLS. COUNCL
Lower Court No.: 95-4166 CIV
I )./ n I q5
A Notice of Appeal, a copy of which is enclosed, from an ord.r of
your court has been docketed in the Commonwealth Court of P.nnsylvania.
The dock.t number in the Commonwealth Court is endorsed on this notice.
The Commonw.alth Court docket number mUdt b. on all corre.pondenc.
and docum.nts filed with the Court.
Under Chapter 19 of the Pennsylvania Rules of Appellate proc.dure,
the Notice of Appeal has the effect of directing the Court to transmit
the certifi.d record in the matter to the Prothonotary of the
Commonwealth Court.
The co:plcte record, inclu~ing the opinion of the trial judg.,
should be forward.d to the Commonwealth Court within forty (40) day.
of the date of filing of the Notice of Appeal. Do not transmit a
partial record.
Pa. R.A.P. 1921 to 1933 provides the standards for preparation,
certification and transmission of the record.
The address to which the Court is to transmit the record is .et
forth on page 2 of this notice.
NOTICE TO COUNSEL
A copy of this notice is being sent to all parties or couns.l
indicated on the proof of .ervice accompanying the Notice of App.al.
Th. appearance of all counsel has been entered on the record in the
Commonw.alth Court. Counsel has thirty (30) days from the date of
filing of the Notice of Appeal to file a praecipe to withdraw their
appearance pursuant to Pa. R.A.P. 907(b).
Appellant or Appellant's attorney should review the record of the
trial court, in order to insure that it is complete, prior to
certification to this Court. (Note: A copy of the Zoning Ordinance
must accompany r.cord. in Zoning Appeal cases).
Th. addre.... to which you are to transmit documents to this Court
are set forth on Page 2 of this Notice.
If you have special needs, please contact this court in writing a.
soon a. pos.ible.
Low.r Court Judge: Honorable Edgar Bayley Jr.
Attorn.y: John H. Brou1os
Attorney: Edward L. Schorpp
Attorney: Roger M. Morgenthal
Notices Exit: 12/12/95
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JOHN H. BROUJOS, LOUISE BROUJOS,
HAROLD KRETZING, JEAN KRETZING,
and ROBERT LEE JACOBS,
Appellants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-4166 CIVIL TERM
v.
CARLISLE BOROUGH COUNCIL,
Appellee
APPEAL FROM LAND USE
and
NORMAN ELAM, and
MARY LOU ROBBINS,
Intervenors
AND NOW, the
day of
, 199_, after consideration of the
be held on the
day of
, 199_ In Courtroom No. _,
within Petition, and upon motion of Roger M. Morgenthal, Esquire, a hearing Is scheduled and shall
Cumberland County Courthouse at
o'clock _.m. for the purpose of determining
whether Respondents' appeal Is frivolous; and to consider requiring Respondents to post a bond
as a condition of proceeding with their appeal.
BY THE COURT:
J.
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JOHN H. BROUJOS, LOUISE BROUJOS,
HAROLD KRETZING, JEAN KRETZING,
and ROBERT LEE JACOBS,
Appellants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95.4166 CIVIL TERM
v.
CARLISLE BOROUGH COUNCIL,
Appellee
APPEAL FROM LAND USE
and
NORMAN ELAM, and
MARY LOU ROBBiNS,
Intervenors
AND NOW, come Norman Elam and Mary Lou Robbins, Intervenors, by their attorneys,
Flower, Morgenthal, Flower & Undsay, and state the following:
1.
Plaintiffs are the equitable and legal owners, respectively, of a certain tract of land
situate In the Borough of Carlisle, Cumberland County, Pennsylvania, which is the subject property
of this land-use case.
2. Respondents are neighboring property owners of the subject tract, who have
appealed unsuccessfully from the granting of land development approval by the Borough Council
of Carlisle and are currently appealing from a dismissal of their prior appeal by Your Honorable
Court, In an opinion by Judge Bayley dated October 1995 a copy of which Is attached hereto as
Exhibit 'A',
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3. On Novomber 28, 1995, Appellants appealed from Judge Bayley's decision to the
Commonwealth Court, and a copy of the docketing Information from the Commonwealth Court Is
attached hereto as Exhibit "B".
4. The Pennsylvania Municipalities Planning Code Section 1oo3-A(d) [53 P.S. 511003.
A(d)] provides, Inter alia, that the landowner whose use or development Is In question may petition
the Court of Common Pleas to order the Appellants to post bond as a condition to proceeding with
the appeal, and that the court shall hold a hearing to determine If the filing of the appeal Is
frivolous. Said section further provides that the amount of any bond required shall be within the
sound discretion of the court.
5. Pursuant to the aforesaid Municipalities Planning Code Section, Petitioners waived
their right to request a bond prior to the argument and decision of the Initial appeal to the
Cumberland County Common Pleas Court; but they now revoke said waiver. A copy of the said
Municipalities Planning Code Section is attached hereto as Exhibit "C".
6. Even though the appeal has been taken to the Commonwealth Court, your Honorable
Court retains Jurisdiction for he purposes of considering this petition, as specifically set forth In a
decision by Honorable Genevieve Blatt, Judge of the Commonwealth Court In the case of .QQlliJ
~Ino Hearing Board of the City of Wilkes-Barre. 465 A.2d 53 (Pa. Cmwlth. 1983), at pg. 56;
a copy of said opinion is attached hereto as Exhibit "D". Said opinion refers to Section 1008(4)
of the Municipalities Planning Code, which section has been replactld by 1oo3-A(d).
7. Petitioners believe and therefore aver that the appeal flied by Respondents Is without
merit, Is frivolous and Is flied for the purposes of delay.
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JOHN H. BROUJOS,
LOUISE BROWOS,
HAROLD KRETZING,
JEAN KRETZING and
ROBERT LEE JACOBS,
APPELLANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
v.
CARUSLE BOROUGH COUNCIL,
APPELLEE
V.
NORMAN ELAM and
MARY LOU ROBBINS,
INTERVENORS
95-4166 CIVIL TERM
BAYLEY, J., October 31, 1895:- .
Appellants, John H. and Louise BrouJos, Harold and Jean Kretzlng, and Robert
Lee Jacobs, and Intervenor, Mary Lou Robbins all live in single family residences on
East Ridge Street, Carlisle. Appellants filed an appeal from a decision by appellee.
Carlisle Borough Council, granting approval of a preliminary subdivision and land
development plan of Windsor Building Corporation. Intervenor Mary Lou Robbins il
the legal owner, and Intervenor Norman Elam, t/d/b/a Windsor Building Corporation.
II the equitable owner of the property on the plan which Is separate from the
reeldence of Mary Lou Robbl",. The transcribed record of the proceedings before
Borough Council hu been lodged In this court, briefs flied, and argument held on
October 11, 1995, without the taking of additional evidence. Jurisdiction i. under the
Munlclpalittes Planning Code at 53 P.S. Sectlon 11 C02.A. The standard of review II
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95-4166 CIVIL TERM
whether the Cartlsle Borough Council committed a manifest abuse of discretion or an
error of law. Brauns v. Swarthmore Borough, 4 Pa. Commw. 627 (1972).
Intervenors' property Is 1.26 acres frantlng on Cemetery Avenue to the north
and the Cartlsle Area School District's Lamberton Middle School to the south. In
Cartlsle, an avenue Is a euphemism for an alley. The rear of the residential properties
of Intervenor Robbins and appellants BrouJos and Kretzing borders Cemetery Avenue
to the south.' Cemetery Avenue Is currently unevenly paved. Intervenors' site
consists largely of an open area with some dilapidated, unoccupied structures that
were utilized when the site was fonn8l1y a commercial flower business operated by
the Robbins family. The properties of the appellants, and Intervenors are 811 In an R-2
Medium Density Residential District under the Cartlsle Borough Zoning Ordinance.
While there are predominately single-family dwellings on East Ridge Street, there are
also single-family semidetached dwellings.
On March 14, 1995, Windsor Building Corporation flied an application with the
Borough of Cartlsle for approval of a prellmil18!y subdivision and land development
plan to subdivide the 1.26 acre tract of Intervenors and construct four duplexes with
eight single-farnlly, semidetached dwellings. Each three bedroom duplex will have a
lep8l1lte duplex garage. The developer Intends to sell each dwelling to an 1nc:llvldUII
owner In an anticipated range of up to $140,000. The developer requeeted.
1. Appellant Jacobs lives In the next block of East Ridge Street on the
oPpollte Ilde of the Itreet.
-2.
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95-4166 CIVIL TERM
"modification of requirements" under Section 226-14A of the Subdivision and Land
Development Ordinance of the Borough of Carlisle for, (1) the lack of required right-
of-way width of Cemetery Avenue, a public street the developer will Improve, and (2)
to delete curbing and sidewalk on the north side of Cemetery Avenue. The
developer's subdivision and land development plan with the requested modification of
requirements was approved by the Carilsle Planning Commission. Borough Council
then held a public hearing on July 5, 1995.2 At the conclusion of the hearing, Council
voted to approve the plan with the two requested modifications of requirements. A
letter of approval was issued on July 17, 1995.
Cemetery Avenue Is perpendicular to South Bedford Street. Appellants, Harold
and Jean Kretzing, own a home, other than the one In which they live on East Ridge
Street, on the southwest comer of South Bedford Street and Cemetery Avenue. That
property, numbered 634 South Bedford Street, is to the east of the property of
intervenors, and was deeded to the Kretzings in 1971 from the estate of Evelyn N.
Robbins. is predecessor In title of Intervenor Mary Lou Robbins. That conveyance
reeerved a right-of-way for expansion of Cemetery Avenue to 34 feet, which was the
exlstlng right-of-way requirement for such a local street In the Carlisle Subdivision and
Land Development Ordinance. That ordinance was subsequently amended to
Increue the minimum right-of-way width for such a street from 34 feet to 50 feet.
2. A public hearing on a subdivision plan is not required by the Subdivision
and Land Development Ordinance or the Municipalities Planning Code. 53 P.S. S
1 Cle08(5).
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95-4166 CIVIL TERM
The approved plan requires Windsor Building Corporation to pave the cartway
of Cemetery Avenue to a width of 22 feet, which meets the minimum pavement width
required In Section 226-23C(1) of the Subdivision and Land Development Ordinance.
The rlght-of.way width of 34 feet cannot be Increased to the minimum 50 feet required
In the ordinance because an additional 16 feet would Infringe on the Kretzlng property
at 634 South Bedford Street. The approved plan allows a modification of the rlght-of-
way width to 34 feet. The approved plan also allows a modification deleting a curb
and sidewalk required In Section 226-22A of the Subdivision and Land Development
Ordinance on the north side of Cemetery Avenue. This modlflcatlon, granted upon
the recommendation of the Borough engineer, will allow rainwater to collect Into a
drain system the developer will build which, without being restricted by curb and
sidewalk on the north side of Cemetery Avenue, will protect the proporties to the
north from water. Water will drain from those properties Into the system. Windsor
Building Corporation must Install curb and sidewalk on the south side of Cemetery
Avenue where the duplexes and garages are to be built.
DISC\JS$IQN
Appellants maintain that Borough Council violated Article IV, Section 255-21 of
the Carlisle Borough Zoning Ordinance in failing to address whether the proposed
use of the land will 'be in harmony with the character of the neighborhood or would
unreuonably Interfere with the use and enjoyment of the surrounding property." The
n..my Ilng'.family homeowners who spoke at the hearing In opposition to the plan
-4-
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95-4166 CIVIL TERM
all feel the character of the neighborhood will change.~ Their views are not surprising
although, Interestingly, a commercial business had previously been operated on
Intervenors' property u a non-conformlng use. Article IV, Section 255-21 of the
Borough Zoning Ordinance sets forth that the Intent of an P..2 Medium Density
Residential District Is to:
A. Provide for the orderly expansion of areas that offer residential
neighborhoods at a medium density.
B. Carefully control the types of housing to ensure compatibility with
existing houses.
C. Carefully protect these areas from uses that may not be fully
compatible.
Appellants' position Is without IIsml merit because Intervenors' property I. In an
R.2 DIstrict under Article IV, Section 255-22 of the Borough Zoning Ordinance, which
provides:
u... permitted J2x.J:1g,b!.
In any R.2 District, land, buildings or premises ibJII. be used by
right for one (1) of the following, but for no other:
A. Singl.famlly detached dwelling.
B.
C. Crop farming.
D. Planned I'8IIldentlal development within Artfcle XVIII and the
3. Appellants called a real estate appralser who offered an opinion that the
development will not be In conformity with the neighborhood, and that It will adVetlely
affect the marketability of the slngl..family reeldences In the area.
-5-
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954166 CIVIl.. TERM
Municipalities Planning Code. (Emphasis added).
The u.e of Intervenors' land for slngl.famlly semidetached dwellings Is 'permltted lrl
1fgbt' In an R-2 District: Appellants' and Intervenors' properties are all In a designated
mmIYm density zoning District that already contalns duplexes on East Ridge Street.
Therefore, the use objected to by appellants hereln, as set forth In Braun. v.
Swarthmore Borough, supr., 'can hardly be held to be proscriptions of an otherwise
JlglSlmate use of one's Dro~.' (Emphasis added).
Appellants further malntaln that Borough Council abused Its dlscretfon In
granting the two modifications of requirements, which they argue are not supported
by substantial evidence. The modlf!catlons of requirements from the Subdivision and
Land Development Ordinance were for the right-of.way width of Cemetery Avenue of
34 feet rather than 50 feet, and the deletfon of a required curb and sidewalk on the
north side of Cemetery Avenue.. The modifications were granted under Section 226-
4. There Is no need for a variance or special exception under the Borough
zoning ordinance because the developer's plan meets all zoning regulations. The
ltandarcls for granting variances to zoning regulations, repeatedly referred to In the
brief of appellants, do not apply to granting modifications of requirements under the
Subdivision and Land Development Ordinance. Wlmbl.don Court AI.oclat..
Appeal, ee Pa. Commw. 517 (1984). The Borough zoning ordinance regulates the
lawful..e of land; the ordinance under which the two modifications of requirements
were granted sets standards and procedures for the subdivision and development of
land as set forth In the Municipalities Planning Code at 53 P.S. Section 10e03(5),
authorizing local ordinances with:
Provisions for encouraging and promoting flexibility, economy and
Ingenuity In the layout and design of subdivisions and land developments
Including provisions authorizing the planning agency to alt.r site requirements
and encouraging other practices which are In accordance with modem and
evolving prlnclpl.. of site planning and development. (Emphasis added.)
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95-4188 CIVIL TERM
1~ of that ordinance which provides:
Modlflcatlon of requlrement8.
The Borough Council
reaulrements of one (1) or more provlllonslUbLllSllll
IDforcement will exact uncwt)1ard'blR because of -*
provided that such
modification will and that IbI
Dureose andJntent Qf ~t!Js chaDter are observed. (Emphasis
added).'
The record of the hearing on July 5, 1995, demonstrates that Borough Council
considered this provision. The peculiar conditions pertaining to the land are that the
rfght-of.way available for a local street to provide access to the subdivision Is limited
to 34 feet, although a street can be paved to an ailowable width of 22 feet, and that
drainage from ~e street must be directed to the south In order to protect the
properties to the north of Cemetery Avenue on which there are residences facing
East Ridge Street. Uteral enforcement of the subdivision ordinance will create an
undue hardship on Intervenors In that a lawful use of this property for duplex hoUllng
will be prevented In a zoning district speclftcally designated for medium denalty
housing. The word .chapter" as used in the modification of requirements section 228-
1~, refers to the entire Borough of Carlisle Subdivision and Land Development
Ordinance titled In Section 226-1. Among the purposes of the chapter set forth I"
SectIon 226-2, are:
5. this Is the standard let forth In the Munlclpalltlee Panning Code .. 53 P.l .
10512.1.
.7.
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85-41ee CIVIL TERM
John H. BrouJo., Esquire
For Appellants
Edward L Schorpp, Esquire
For Appellee
Roger M. Morgenthal, EsquIre
For Intervenors
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IN THE ~vMMONWEALTH COURT OF PENNSYLVANIA
NOTICE OF DOCKETING APPEAL
Docket No: 3357 C.D. 1995 Filed Date: 11/28/95
Re: BROUJOS, KRETZING , JACOBS v CARLS. COUNCL
Lower Court No.: 95-4166 CIV
A Notice ot Appeal, a copy ot which is enclosed, trom an ordsr ot
your court has been docketed in the Commonwealth Court ot Pennsylvania.
The docket number in the Commonwealth Court is endorsed on this notice.
The Commonwealth Court docket number must be on all correspondencs
and documents tiled with the Court.
Under Chapter 19 ot the Pennsylvania Rules ot Appellate Procedure,
the Notice ot Appeal has the ettect ot directing the Court to transmit
the c~rtitied record in the matter to the Prothonotary ot the
Commonwealth Court.
The complete record, inClUding the opinion ot the trial jUdge,
should be torwarded to the Commonwealth Court within torty (40) days
ot the date ot tiling ot the Notice ot Appeal. Do not transmit a
partial record.
Pa. R.A.P. 1921 to 1933 provides the standards for preparation,
certitication and transmission Qt the record.
The address to which the Court is to transmit the record is set
torth on page 2 ot this notice.
NOTICE TO COUNSEL
A copy of this notice is being sent to all parties or counsel
indicated on the proot ot service accompanying the Notice ot Appeal.
The appearance ot all counsel has been entered on the record in the
Commonwealth Court. Counsel has thirty (30) days from the date ot
tiling ot the Notice ot Appeal to tile a praecipe to withdraw their
appearance pursuant to Pa. R.A.P. 907(b).
Appellant or Appellant's attorney should review the record ot the
trial court, in order to insure that it is complete, prior to
certitication to this Court. (Note: A copy of the Zoning Ordinance
must accompany records in Zoning Appeal cases).
The addresses to which you are to transmit documents to this Court
are set forth on Page 2 ot this Notice.
It you have special needs, please contact this court in writing as
soon as poseible.
Lower Court Judge: Honorable Edgar Bayley Jr.
Attorney: John H. Brouj08
Attorney: Edward L. Schorpp
Attorney: Roger M. Morqenthal
Notices Exit: 12/12/95 Prothonotary
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AppeD...
I IN 1111 COURT 0' COMMON PlIAS 0'
I CUMBDUAND COUN'n', PENNSYLVANIA
I
I
I NO. 95-4166 CWn. TERM
I
I
I APPEAL fROM LAND USE
I
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CIdIII. SOnt..... Couadl
Appell..
NonCE OF APPEAL
Notice is hereby liven thlllohn H. Broujos, et ai, Appellants above IlIlDICI. hereby
Ippeal to the Commonwealth Coun of Pennsylvania from the order entered ill this matter 011
the 3111 day of October, 199'.
This order has been entered in the docket u evidenced by the lttIChed copy of the
docket 4IItry.
November 21. 199'
10
UI0S, GILROY. HOUSTON. P.C.
4 ortb Hanover Street
Carlisle, PlIII1sylvlllia 17013
7171243-4'74 7171766.1690
PAX 117171243.1227
rRUE COr-V n~OM RS'';;::'';~D
'1'\ '!'asllmor.y whllrec:,1 h"6 '.!:1") ctl r:,y ..:r.o
j Iht sec:1 of s;.!~ :;0.;1 it C..ni:::3, Pa.
:;;11 ,;!~~,dal u1 "Y7'f," 19 &jr
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Note. of Oeelllonl
MUNICIPAL" QUASI-MUN. CORPS.
J"'adlcUon I
Sperl.. ne.p"on. J
Wel", .)
I. Jurladlcllun
Trial (ourl properly JclcrmmciJ lhlll equity
\iJc uf courl did nut h~ye Jurj~tJiI;IIOIIIl\lC' plllP'
ttty uwncn' (I)mpluinl alle.ina .ubillJry lind l,'0I'
prjcjo~ Ul,;lllln by Il.)wn~hip In dcnyini their pw.
ptl\ctJ ~utxlj"'l~jun. Chri~lmlln v. Town~hlp of
OoUilil~'1. ()()~ I\.;!d 4.17, Cmwllh,199;!.
Courl of cOmmtl/l pICii$, aflCI dj~ml!'l"lnll prop'
eny O'IoIIC:I\' complaint In cquiry alleyi"g Jrhl'
trilry anL! capricious iicUon by lown5hlp In deny.
inl propo!'tCd '1ubdL\lSion, ~houhJ haYc fran~(crrc:d
cue to 111110 \idc of !:OUlI ilnu trealed it >1'1 apr~al
from lIo,",ernmcnlal Jcd~jon. Chn\lmUII 'Y.
TUllonship or OuUtl.JJU, W2 ,\,lJ 457, Crn....llh,
1992.
ClJmmnn Plus Court dhl nol have ju,j!uJlc'ion
10 hear "prea! (rom lownship lOninij hearing
bourd'. dcnMI of properly owne', applil.:'OIlilln I'llr
lOlling; ~Driance under Eminenl D\lmaln Code.
where prupcrry 'lwnen failed 10 \Cck 10 invllli.
tJlllc oldinance or It) punut elldu~lvl \1'IUlo~
rcmctJ~ ~lf IIppclllina tJcnllll of their rcquulcd
...rillnce 10 Cuun of Common Pic", whhln )0
dllY& 11\ requited hy 51111UIC. .53 P.S. Odhner \"
TowOf,hip of Woodward. .599 A,2d ~'/'). I.U PI.
Cmwllh. 4.50. II}9I.
Z. Spttlll u"pllun.
Fullowing It loninll hellrin. txlllr(j', dctmrd
"ppro"'bl Ilf IIn IIpplkallun for It !opecial nccplltln
under .'13 P,S, t HjlK)H('i). Ihe \Ole ,rmC'dy 10
chuJlenge Ihe appro...al i~ IIn oppeal within )0
day. under ~3 P,S.' IIOH!-A. and n011t rique,.
for an injunClion made 4.~ dllY. a(ICllne Itpprov.
.11. City of Tilu\"'llle .... lc~ko. 12 D. At C,.oClh
290.11111,
J. W.,....,
Party waiver. ill rip' 10 \ctek review flf (ondi.
lion!! impo&ed h~ lOnina nearin, hoard if lite'
parly ha. failed In lake Itmely apreal. Town!!hip
of Harmun v. Smith. 113ft A.2d 2M. 1"1 PI.
CmlNtlh. 1M. 19'JJ
I 1l003-A. Appeal. to court; eommeneement; Itay of proceedlnp
(I) Land use appeall, shall be entered Ji:i of COl1N>e by the prothonotary or clerk upon
the ruing of lllllnd use appeal notice which concisely 14et.s forth the grounda on whlth the
appellant relies, The appeal notice need not be verified, The land usa appeal notite
shall be accompanied hy a trne copy thereof,
Ib) Upon nUng of a land ...e appeal, the prothonowy or clerk shall forthwith, .. 01
course. liend to the governing body. board or agency whose decision or IlCtlon haa been
appealed. by "'Ili.tered or certl1led mail. the copy of the land use appeal notice, together
with a writ of certiorari commanding 14aJd governing body, board or agency, within 20
dayl' after receipt thereof. to cfortify to the CQW't I~ entire record In the mlttfr In which
the land UMe appeal has been taken. or a true llnd complett! copy thereot. includinr any
transcript ot te14timony In exi8t.ence anll available to tho governing body, board or
.,eney Ilt the time it received the writ ot certiorari,
(c) [( the appellunt 18 II. penton oth(>r than the landowner at the land dirtctly involv@{]
in the decililtln or action appealed frum. the appellant. within ~even daYK after the land
"'" appeal I. rued. shull .erve a true copy or the land ...e appeal notite by mal1inglald
notico to the landowner or hi8 attorney at his la:tt known address, For identitlcltton of
such hmdowner. the appellant mllY rely upon the record 01 the municipality Ind. In the
event of good faith mu.takeli lUI to 14uch Identity, miy make tlueh service nunc pro tune by
leavo of court,
(d) The minI( of IIn appeal in court under thlli ~tetlon 14hall not Ktay the aetJol\
appealed from. hut the appellant..' may petition the court having jUrisdiction 01 land use
appelllH for U 14wy, II the uppelllJntJ.l are pcrllonH who are KlM!kinll' to pnvent a us. or
development II! the land 01 another. whether or not a Ktay V. llOurht by thorn. 01..
landowner- whllKe WIll llr developl\1ent Iii in '1Uf!Ktion may petitJon the l!Ourt to urdtt tht
appellunt., to pfJ~t bond lU' a condition to proceedini( with the appeal. After th. petition
tor poHtln)l1'1I hond il4 proRented, the court shall hold a hearinK to detemtine II the twn.
or the appelllil\ trIvnlouR, At the hearing, evidence may he presented on the merits or
the caat!'. It Khull he the hurrltm of the Iiandowntl'lt to prove the appeal I. trivoloUJ.
After l'onMlderatlon ot ",11 t'vldence prt'''E'ntE'11. If the Ct)Urt determlneK that the Ippealls
trtvoloUI\, It ~hull Kl'ant the petition ror pnlltini( :I, bond. The right to petition the court to
order the appellants to plllit hune! may he waiv~d by the appelleiJ. but Iluth waiver may
be revokf'rl hy him If an IIpppall" taken (rom annal c1eciBilJn ot the court, The question
01 thl' amullnt of thp hond ~hlJlI he within the ~uuncl tllMeretion of the court. An ord.r
difnyjn!it' n petition for hunl! Ilhull he interloclItnry An order ,lirectil1l1' t.he respondent to
thlt pE'tit.lon for plll~tin~ Il ~lIlf1d to p()~r II Iltlnd l"hull he Interlocutory. U 1&1I appeal I,
1116
'7f
\
~
MUNWIPAL 81 QUASI-MUN. CORPS. 53 P.S. 0 l1004-A
Hille 2
tAk.n hy a mpond.nt to the p..'tltion for poatlnK a bond from an order of tho court
dlamlaaln, a land ua. appeal for refusal to polIl . bond. auch ....pondln, party, upon
mollon'of petition.r and, after h.llI'in,ln thl court havin, Jurl.dlctlon of land uso
apptalt', IhaIl bet liable for aU ruaonable OOllta. fx~nsell and attorn.y fees Incum?d by
petltlo',.r.
1968, ;uIy 31. P.L.806. No. 247, llI't. X-A, j loo.'l-A, added 1981l, Dec. 21, P.L. 1329. No.
170, , 101, a/fectiv. In 60 daya.
"'_ra' ,
Ca,u.. I
NoIko oC a_I
Partl.. .J
Not.a or Deel.lon.
RJfiby v. Boarl.l of Sup',,, of Unity Tp., t'lJ.5 A.2d
7211. 160 Pa,Cmwhh, rt22, 199,),
Tuwnship board of supcrvillOn' nOlic. of liP.
peal (rom decision 01 lownlhip lonill' hearinll
board incorporaled by refere"c. hurln. board',
fh'dl"Ks and conchulona aniJ aa,\Crtcd thai find.
inp wIre nol 5upportc!J by evidenc. and WII.
,nuncollS a. mall'r of hlW, and. (hul. noliee of
appCIII 5,1 funh conl:iM:ly alounlb upon which
board of luperJjaon relied; boariJ of suptrviKln
appeuled from hurin. board's decision directi".
lonina offlur 10 iiYue bUlld!n.. permit It) con.
Ifrucr wasle relo'Yc:lln. focilil)'. Summil Tp. Bd, ur
Sup'r! II. Summit Tp, Zonina Hcarina Bd., 571
A,.2IJ 5f1O. 132 Pm.Cmwlt". II, 1990.
L I. ....nl
Appeal by )'OUlh hom. of township board 01
IUplMlOn' IMn,.1 01 am.ndmenl 10 conditional
UN plrml! 10 Incr1111C mwmum II" of jU\'.nil..
houlCd II )'oom home did not C(.'f1l1lilulC Ille
appeal 01 OIIaJ.nal conditional l&II permit, but
wind appuJ from applicaUon 10 npllnd exisl.
In, condlllena! UH; Ibut. appeal from bu.rtJ's
dlniaJ of Imendment WII nOI precluded duc 10
hom.'s lallure 10 appeal orillnal conditional Ule
permit M.I Blounl Youth Home of Pcnn.~yl\la.
111., Inc. y, Buffalo tp" 639 A.2d 1282. 162
",Cmwllb, 703, 1994, 1Ippe'.1 denlc:d M(\ A,2d
1182.
.t ("pilon
Challen," failc:d 10 file proper appeal from
zonlna decision with prolhonulary of counry
court. ..here h. incolleClly upfiuncd hi'l Ippeal
as ci...i1 "C1ion In equlr)/. Thomn.... City tll
Wilkes. Barre Zonlna !.\d" 4'120 1\.2d MO, I.iJ
Pa.Cm..llh. 1%, 1993,
J. Partl"
Zonlna hllrin, board was nOI required 10 be
named as appellee in land uae Jppeal und"r
Pennsyl...ania Municiplllifiu Plunmll' Cod.,
Zclalll'r ..., KJay, 640 A..211 ~Il, 163 P"Cmwlth,
221, 1994
I. Node. 01."...
Appellanl', faUult '0 HIVe on landowner hi.
nollet ot appelll ot dedBion of lowruhip board of
IUptrvllOn apprcwln. I.ndowner', subdi...isklR
pt.n did not jusllfy dicmlual 01 .ppeal: landown.
er promptly '..m.d 1,)1 nlln. 01 appeal and inler.
vtlltd In .ppel' fl.,u daye after II WIS filed, .lnd
landowner did nOI .,Iabllsh lhllll II hid suffllcd
any Onandal conHqUCnc:." betause of appeal.
. Il00f-A. Intervention
Within the 30 ~aya lint followln, the ftlln, or a land U'" appeal. II thl appeal ill from a
board or ...noy of a munJoipalJty. tho municipality and any own.r or lanant of property
dlnetiy Involved in the actlon appealed from may Intlrven. .. of cour.e hy nllnK a
notlc. l)f Intervention, ICCQmpanitd by proof olservicf ot the ~ame, upon each appellant
or .ach appellant', counaol of """rd. All olh.. Inlarventlon ,boll be Kovlrned hy the
PenMylvanla Rull. of Civil PrO<edure.
19l18, July 31. P.L.806. No, 247...... X-A, I 1004-A. added 1981l. D.c. 21. P.L. 1329, No.
170. t 101. ./flctlve in 60 day..
Not.. or Decl.lona
CMIInId'" ... ''''''atloa .J
DlKrtI'" I
....,.,., OWIIIn' .11OdI1'" J
.J. C....llruetloa 1M ."lIe.llun
Rialll 10 Inlerven. punUllnl lu Munlciplllllie\
Plllnnln. Coda and r.lI,llllnl rulll'~ l~ only Iri..
IlIcd wharf. ~Ialulory l'ind use appc(ll hlt~ heen
nled: In almnc:e fit such appeal. ubjll'ctlln ,imply
hall' no rlalu 10 intll"'enlinn. l\ppUclllion or
Rouy . A\.'IOCluln Ship Rnllel lund tiel, Parr.
nC"hip, 4'lJ4'I A,ld 2.11. 14'11 Pd:mwllh, ~2, 199,l
cuunry plannina ctlmmj~5111n Wll~, In ,ffect.
"I.enlo')" 01 lowmhlp lor purpme~ 'II \Iillule
making munic:lpllliry pruper pllrty In Inf~rvllnlt
..h." appeal is f~om a.tney of lfttlnlclpllH~:
iIlthouah luwn8hip huel nol lake" an~ ;u.:lllln llll'.
517
I. DIN"""
Whtlh.r 10 pant ptIritlon 10 inr.rtene In zon.
in. appeal I. wlt"In dllcrellOn 01 Irlal r.oun,
Stanbro v. Zonin. Hfllln. Bd, 01 Cranberry Tp.,
~M A.21! IW, UO ,..Crnwllh, IW. Cm.llh,19H'i.
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JOHN H. BROUJOS,
LOUISE BROUJOS,
HAROLD KRETZING,
JEAN KRETZING,
and ROBERT LEE JACOBS,
APPELLANTS
V,
CARLISLE BOROUGH COUNCIL,
APPELLEE
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NORMAN ELAM and
MARY LOU ROBBINS,
INTERVENORS
95.4166 CIVIL TERM
ORDER OF COURT
AND NOW, this '1-" day of December, 1995, the Petition to Require
Posting of Appeal Bond, IS DENIED. To obtain a bond under 53 P.S. ~ 11003-A(d),
the appeal must be frivolous. The issue of whether Borough Council properly granted
the two modification of requirements for the preliminary subdivision and land
development plan is not frivolous; therefore, there is no need for a hearing and there
is no basis for requiring the posting of a bond.
,I
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By the Court,
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