HomeMy WebLinkAbout99-2108 civil (2)LETTERMEN, INC. IN THE COURT OF COMMON PLEAS
Appellants OF CUMBERLAND COUNTY,
v. PENNSYLVANIA
TOWNSHIP OF SILVER SPRING No.99-2108 Civil Term
Appellee Land Use Appeal
LESTER S. MILLER, ET AL,
Intervenor
LESTER S. MILLER, ET AL, IN THE COURT OF COMMON PLEAS
Appellants OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
No. 99-2119 Civil Term
BOARD OF SUPERVISORS OF Land Use Appeal
SILVER SPRING TOWNSHIP
Appellee
LETTERMEN, INC.
Intervenor
:
IN RE: Land Use Appeal From Silver Spring Township Board of
Supervisors'
Grant of Conditional Use Approval
Before HOFFER, P.J. and OLER, J.
ORDER
AND NOW, this I d"~'~y of January, 2000, it is hereby ordered and
decreed that, the appeal of Lester $. Miller, et al., from the Decision of the
Silver Spring Township Board of Supervisors dated March 10, 1999, is
dismissed. The appeal of Lettermen, Inc. is upheld to the limited effect of
annulling Condition 5 of the Board's Decision; but in all other respects,
Lettermen, Inc.'s appeal is dismissed.
By the Court,
Steven J. Fishman, Esquire
95 Alexander Spring Road, Ste. 3
Carlisle, PA 17013
For Lettermen, Inc.
C. Grainger Bowman, Esquire
114 North Second Street
Harrisburg, PA 17101
For Lester S. Miller, Jr., et al.
Richard C. Snelbaker, Esquire
44 West Main Street, PO Box 318
Mechanicsburg, PA 17055
For Silver Spring Township Board
of Supervisors
LETTERMEN, INC. IN THE COURT OF COMMON PLEAS
Appellants OF CUMBERLAND COUNTY,
v. PENNSYLVANIA
TOWNSHIP OF SILVER SPRING No.99-2108 Civil Term
Appellee Land Use Appeal
Ve
LESTER S. MILLER, ET AL,
Intervenor
LESTER S. MILLER, ET AL, IN THE COURT OF COMMON PLEAS
Appellants OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
No. 99-2119 Civil Term
BOARD OF SUPERVISORS OF Land Use Appeal
SILVER SPRING TOWNSHIP
Appellee
LETTERMEN, INC.
Intervenor
Land Use Appeal From Silver Spring Township Board of Supervisors'
Grant of Conditional Use Approval
HOFFER, P.J.:
Statement of Facts and Procedural History
Lettermen, Inc., a Pennsylvania Corporation with offices at 153 South
Hanover Street, Carlisle, is the equitable owner of the subject property and
developer of a proposed golf course. Lettermen, Inc. sought and obtained
approval from the Silver Spring Township Board of Supervisors to construct a
golf course at the subject property. The subject property is 194 acres of
generally unimproved farmland. The property is transected by Rich Valley Road
and bounded by Interstate 81, Conodoguinet Creek, 10 single-family residences
and the farmland of Jack K. and Jeanne N. Sunday. Decision of the Silver
Spring Township Board of Supervisors (hereinafter "Decision") at 3. Section 202
of the Zoning Ordinance governs the use of property in a Rural Residential (R)
zoning district, within which the subject property is located. Decision at 3.
On September 23, 1998, the Board approved Lettermen's rezoning
request that the subject property be rezoned from Agricultural (A) to Rural
Residential (R). On October 22, 1998, Lettermen, Inc. applied for conditional use
approval. On December 10, 1998, the Township Planning Commission
recommended to the Board that the Board deny the conditional use. In their
Decision on March 10, 1999, the Board granted Lettermen, Inc. a Conditional use
to construct a golf course subject to 11 "Specific Conditions."
In Lettermen, Inc. v. Township of Silver Spring, Lettermen, Inc.
appealed conditions imposed by the Board in the Board's conditional use
approval. Lester S. Miller, Jr. and other neighbors to the subject property
appealed the conditional use approval in Lester S. Miller, Jr., et al v. Township
of Silver Spring. The cases have been consolidated here.
The subject property has improvements consisting of a dwelling house,
two barn-type buildings and various sheds and other farm related outbuildings.
The application for conditional use approval proposes to use the property for a
21-hole golf course and driving range to be constructed on both sides of Rich
Valley Road (S.R. 1009) on approximately 174.2 acres; and sixteen 'lots for
single-family dwellings on approximately 19.5 acres on the east side of Rich
Valley Road ("Residential Subdivision").
The application proposes:
- to build a golf driving range of 400 yards, terminating at 1-81, to be
illuminated for night use.
- to illuminate the driving range with lighting that will project away from
(opposite) the existing residences.
- to convert an existing barn as a "clubhouse restaurant." Applicant
proposes the removal or conversion of other farm outbuildings to
storage and maintenance facilities for usage incidental to the golf
course. Applicant proposes to use the house for a golf course office
and residence.
- to draw all irrigation water from the Conodoguinet. The Applicant
abandoned the possibility of on-site wells at the hearing.
Rich Valley Road (S.R. 1009) is a two-lane macadam "collector-type" road
under PennDOT jurisdiction and runs generally between Carlisle Pike (S.R. 11)
on the south and Wertzville Road (S.R. 944) on the north, and has intersections
with feeder roads. Carlisle Pike is a major 4-lane highway under PennDOT
jurisdiction bisecting Silver Spring Township. The intersection of Rich Valley
Road and Carlisle Pike, which is more than a mile from the subject property,
presently has only a stop sign and no electric traffic signal. Wertzville Road,
approximately one mile from the subject property, is a 2-lane highway and major
transportation route under PennDOT jurisdiction.
General Approval Issues
The zoning change from Agricultural (A) to Rural Residential (R) on
September 23, 1998 will not be reviewed. Section 909.1(a) of the Municipalities
Planning Code, 53 P.S. §10909.1(a), provides the zoning hearing board with
exclusive jurisdiction to hear and render adjudication in matters of substantive
challenges to the validity of any land use ordinance or validity challenges raising
procedural questions. Procedural challenges must be raised by an appeal taken
within 30 days of the effective date. See Sharp v. Zoning Hearing Board of the
Township of Radnor, 157 Pa. Cmwlth. 50, 628 A.2d 1223, appeal denied, 536
Pa. 629, 637 A.2d 290 (1993). The time limitation on appeals to the zoning
change here was 30 days. No such appeal was or has been made concerning
the zoning of the subject property in this case. However, the parties appeal the
Board's decision based on the following contentions.
Contentions of the Parties
Lester S. Miller, Jr., et al, appeals the grant of conditional use approval for
a golf course use. Lester S. Miller, Jr., et al, contends:
A. A golf course use is inconsistent with the purpose of the Rural
Residential zoning district, because a golf course's characteristics are
not rural, thus detracting from the use and peaceful enjoyment of
property for the neighbors.
B. The banquet facilities in the Letterman conditional use application are
unreasonably oversized and will be a commercial use inconsistent with
the Rural Residential zone.
C. The lighted driving range will cause light pollution in the neighborhood.
D. The golf course will generate an unnecessarily large volume of traffic in
the neighborhood, contrary to the character of the zone; and public
facilities, such as Rich Valley Road, are not adequate to serve a golf
course.
E. The proposed plans will alter watercourses, detaining water from fragile
wetlands, contrary to Section 231 of the Zoning Ordinance.
F. The proposed withdrawal of water from the Conodoguinet may result in
excessive water withdrawal and could threaten neighbor's access to
water, particularly during drought.
Lester S. Miller Jr., et al, requests that this Court reverse the Decision of the
Board and deny Lettermen, Inc.'s conditional use.
Lettermen, Inc. appeals conditions the Board attached in granting
Lettermen, Inc.'s conditional use approval for a proposed golf course. Lettermen,
Inc. contends that the following conditions were arbitrary, discriminatory, not
supported by evidence and contrary to law:
A. Condition 3 restricts the hours of operation of driving range lights
beyond the standards of the Township Ordinances.
B. Condition 4 requires Lettermen, Inc. to provide a traffic study and fund
improvements to address the increase in traffic resulting from the golf
course.
C. Condition 5 requires Lettermen, Inc. to fund roadway improvements and
install electric traffic signals at the intersection of Rich Valley Road and
Carlisle Pike.
D. Condition 6 restricts the golf course clubhouse to the existing interior
dimensions of the existing barn, while section 428.5 of the Zoning
Ordinance permits a clubhouse to include a restaurant, snack bar,
lounge, banquet facilities, locker and rest rooms, pro shop,
administrative offices and fitness and health equipment.
E. Condition 7 restricts the reasonable use of the proposed premises.
F. Condition 8 requires substantial completion of the golf course on the
southeast side of Rich Valley Road prior to commencing construction of
any "structures" in the Residential Subdivision. Enorcement of this
condition would preclude construction of storm sewer pipes, culverts,
roads, signs, and the like, until construction is substantially completed.
DISCUSSION
We now must determine whether the Board abused its discretion,
committed an error of law or made findings of fact not supported by substantial
evidence. POA Co. v. Findlay Township Zoning Hearing Board, 551 Pa. 689,
698, 713 A.2d 70, 75 (1998). An abuse of discretion occurs when the Board's
findings are not supported by substantial evidence in the record. POA Co., 551
Pa. at 698,713 A.2d at 75. Substantial evidence is such relevant evidence that a
reasonable mind would accept as adequate to support the conclusion that was
reached. Id. 551 Pa. at 698, 713 A.2d at 75.
A trial court, having determined that the Board committed neither an abuse
of discretion nor error of law, is bound to affirm the decision of the Board as long
as the Board's findings and conclusions are supported by substantial evidence.
Spargo v. Zoning Hearing Board of the Municipality of Bethel Park, 128
Pa. Cmwlth. 193, 204, 563 A.2d 213, 217 (1989) reh'g denied. A trial court may
not substitute its judgment for that of the Board, absent a manifest abuse of
discretion. B & B Shoe v. Manheim Borough, 28 Pa. Cmwlth. 275 (1977).
The law regarding conditional use permits states that a conditional use
permit must be granted if the applicant meets the specific requirements in the
ordinance, unless the use will be detrimental to public health, safety or welfare.
Wheaton v. Zoning Hearing Board of Municipality of Penn Hills, 130
Pa. Cmwlth. 201,204-205, 567 A.2d 779, 781 (1989). The burden then shifts to
the protestants to present evidence that the proposed use has a detrimental
effect on health, safety and welfare. Id.
A Board of Supervisors may attach such reasonable conditions and
safeguards, in addition to those expressed in the zoning ordinance, as it may
deem necessary to implement the purposes of the MPC in the zoning ordinance.
MPC §603(c)(2); Levin v. Board of Supervisors of Benner Township, Centre
County, 669 A.2d 1063, 1073 (Pa. Cmwlth. 1995). Additionally, a township board
of supervisors may properly require conditional use applicants to bear the cost of
improvements which address concerns arising from the applicant's proposed
use, if the requirement is intended to promote conditions favorable to the
township's general health, safety and welfare. Pitcher v. Heidelberg Township
Board of Supervisors, 161 Pa. Cmwlth. 505, 508, 637 A.2d 715, 716 (1994).
See also, Tobin v. Radnor Township Board of Commissioners, 142
Pa. Cmwlth. 567, 584-85, 597 A.2d 1258, 1266-1267(1991). Any conditions that
the Supervisors wish to impose upon the proposed conditional use must be
upheld if the conditions are reasonably related to the health, safety or welfare of
the public. Clinton County Solid Waste Authority v. Wayne Township, 164
Pa. CmwIth. 632, 646-647, 643 A.2d 1162, 1169 (1994) (Requiring inspection of
incoming waste and requiring construction of cyclone fence to protect site were
held to be reasonable conditions imposed in a landfill conditional use). See also
Mosside Associates, Ltd. v. Zoning Hearing Board of Municipality of
Monroeville et al., 70 Pa. Cmwlth. 555, 557, 454 A.2d 199, 201 (1982)
(Conditional use appropriately granted with 13 attached conditions).
We now look to whether the Board has abused its discretion in rendering
its Decision regarding the following issues:
1. Whether a golf course use in a rural residential zone violates the Silver Spring
Township Zoning Ordinance.
Lester S. Miller, Jr., et al, contends that a golf course use is inconsistent with
the purpose of a Rural Residential zoning district. The ordinance governing the
present case is the 1995 Zoning Ordinance for Silver Spring Township §428,
which permits golf courses as a conditional use in a Rural Residential zone and
prescribes specific criteria for golf courses. Section 202.1, which defines the
purpose of a Rural Residential zone, allows farmland to be developed while
preserving the "rural character" of an area. As the 1995 Silver Spring Township
Zoning Ordinance §202.4.1 specifically provides for the conditional use of a golf
course in the Rural Residential Zone, it is clear that the drafters of the Zoning
Ordinance believed golf courses would not detract from the "rural character" of
an area. In additiOn, the record shows that the golf course use will not be
detrimental to public health, safety or welfare. Thus, we affirm the Board's
decision permitting the proposed golf course at the subject property.
2. Whether the Susquehanna River Basin Commission's (SRBC) approval of
irrigation water withdrawal from the Conodoguinet River will sufficiently guard
the health, safety and welfare of the township residents and neighbors of the
subject property.
Lester S. Miller, et al, contends that Lettermen's withdrawal of water from
the Conodoguinet '~,'ill endanger the health, safety and welfare of nearby
residents due to the lowering of the water level in the creek. Pending final
approval from the SRBC, the issue here of withdrawing water from the
Conodoguinet River is totally within SRBC jurisdiction. We do not address issues
here that the Board of Supervisors .would be unable to address. Citizens have
the option of carrying their concerns to the SRBC, should any concerns arise.
3. Whether the golf course plans will alter watercourses, detaining water from
fragile wetlands, contrary to Section 231 of the Zoning Ordinance.
Lester S. Miller, Jr., et al contends that the proposed plans will alter
watercourses, detaining water from fragile wetlands, contrary to Section 231 of
the Zoning Ordinance. Lettermen, Inc.'s Exhibit 11, which contains the plans for
the proposed golf course, clearly shows that the subject property partially lies
within a flood plain. Section 231.7 allows golf courses in a floodplain zone:
"Permitted Uses - The following uses and no others are permitted in the
Floodplain Zone:
9. Recreational use, ... such as parks, camps, picnic areas, golf courses,
fishing areas, ..."
Silver Spring Township Zoning Ordinance of 1995.
The record shows that the golf course use will not be detrimental to public health,
safety or welfare. Lettermen's plans for the proposed golf course show that the
wetlands area will not be eliminated as a result of the proposed plans.
l0
Lettermen, Inc.'s Exhibit 11, Section 4. Thus, we affirm the Board's decision
permitting the proposed golf course in a floodplain zone.
4. Whether public facilities are adequate to serve the golf course.
Lester S. Miller, Jr., et al contends that the public facilities, such as Rich
Valley Road, are not adequate to serve a golf course. Vehicular traffic must be
considered and accommodated by the Board's decision, but lawful development
of land cannot be prohibited per se by possibly inadequate existing public roads.
The construction of other fully permitted uses in the R zone would produce as
much or more traffic than a golf course. A golf course, in contrast, will result in
increased traffic only during the seasons when people would want to golf. The
existing on-site wells and sewerage facilities, electrical, telephone and other
public utility services will be adequate to meet the golf course use needs. Due to
the nature of a golf course, we agree with the Board that the course will require
few other public facilities. We affirm the Board's decision that Lettermen, Inc.
need not construct additional public facilities.
4. Whether Condition 5, requiring that Lettermen, Inc. fund traffic signals and
road improvements to an area more than a mile away from the subject
property if warranted by PennDOT, is a permissible condition.~
~ Silver Spdng Township made a stipulation regarding whether Lettermen, Inc. met Condition 4 of the
Decision, that Lettermen, Inc. provide a comprehensive traffic analysis. "Applicant has provided
Township with the required comprehensive traffic analysis as prepared by Grove Miller Engineering, Inc.
dated June 29, 1999 as supplemented by report dated August 20, 1999." Letter from Township's
Counsel, Richard C. Snelbaker, September 23, 1999. Thus, we do not address Condition 4 of the
Decision here.
Lettermen, Inc. contends that Condition 5 is an error of law.
Condition 5 provides,
That if warranted by PennDOT, Applicant shall provide the funds
necessary to improve the roadway and install electric traffic signals
at the intersection of Rich Valley Road and Carlisle Pike. Applicant's
funding requirements shall be reduced by the amount, if any, of prior
developer-contributions made specifically for such purpose at said
intersection.
Decision at 14.
The law in Pennsylvania does not allow a Board to require off-site improvements.
Municipality of Monroeville v. Prin, 680 A.2d 9, 13-14 (Pa. Cmwlth. 1996). In
Municipality of Monroeville v. Prin, the court held that an attempt to impose
conditions of off-site improvements violated 53 P.S. §10503(A)(b), stating that
such an imposition constituted an error of law. Id. The Prin court found the
requirement of improvements to traffic intersections at least one mile from the
subject property to be an error of law. Id. The Prin court stated that § 503-A(b)
of the MPC (53 P.S. §10503(A)(b)), prohibited off-site conditions. However, the
Prin court permitted conditions that required on-site improvements. Id.
A Board may appropriately require on-site improvements, so long as the
improvement will improve the health, safety or welfare of citizens. Pitcher v.
Heidelberg Township Board of Supervisors, 161 Pa. Cmwlth. 505, 508, 637
A.2d 715, 716, 717 (1994). The court in Pitcher v. Heidelberg Township
Board of Supervisors held that an applicant for a subdivision approval was
properly required to pay to widen an abutting road. Id, The improvement would
correct an existing hazardous condition immediately adjacent to the subject
property in that case (emphasis added). Id. The Board in Pitcher anticipated
that the applicant's subdivision plan would increase traffic on the road in
question. Id. at 509, 637 A.2d at 718. See also, Tobin v. Radnor Township
Board of Commissioners, 142 Pa. Cmwlth. 567, 584-85, 597 A.2d 1258, (1991)
(holding that a municipality may condition use approval on improvements to a
road).
Here, Lettermen, Inc. has provided a comprehensive traffic study
demonstrating that traffic on the road will increase as a result of the proposed
use. 2 The Board of Supervisors conditioned approval of the golf course on the
Lettermen's funding of traffic signals at the intersection of Rich Valley Road and
Carlisle Pike, if warranted by PennDOT. A situation whereby PennDOT would
warrant such improvements may not come about for many years. However, if
PennDOT requires such improvements, the Board then would seek provision of
funds from whoever owns the golf course. At present we do not know whether
PennDOT warrants or will warrant such improvements. The Board is attempting
to preface approval on a condition that may never come into effect, or may come
into effect 20 or 30 years from now. Notwithstanding an indefinite time period,
the Pennsylvania Code does not provide for offsite improvements, regardless of
when such improvements would be required. 53 P.S. 10503(A)(b); Municipality
of Monroeville v. Prin, 680 A.2d 9, 13-14 (Pa. CmwIth. 1996). Offsite
improvements to the intersection of Rich Valley Road and Carlisle Pike
eventually be warranted by PennDOT and possibly could improve health, safety
and welfare in the township by controlling the increased traffic a golf course
would create. Nonetheless, such improvements would clearly be far removed
from the subject property and a condition requiring such improvements is per se
impermissible and an error of law. We hereby annul Condition 5 of the Board's
grant of conditional approval.
5. Whether the glare reduction on the driving range lights as conditionally
approved in the plans is an appropriate condition; and whether it will
sufficiently protect the health, safety and welfare interests of the residents.
Lester S. Miller, Jr., et al contends that the golf course lights will cause
light pollution, create a commercial appearance and detract from the neighbor's
use and enjoyment of their property. Lettermen, Inc. contends that Condition 3,
restricting the hours of operation of the driving range lights, is beyond the
standards of the Township Ordinances. Section 428.5(2)(a) of the Zoning
Ordinance allows a "driving range," provided that the applicant shall furnish
expert evidence that all lighting has been arranged to prevent glare on adjoining
properties and streets. Silver Spring Township Zoning Ordinance, 1995. The
township has required glare shields. Lettermen, Inc. has furnished expert
evidence explaining the function of glare shields. Lettermen, Inc.'s Exhibit 11,
Section 5. The shields are intended to prevent direct glare, but ambient light
would still be a factor. For this reason, the Board has set a 9:30 p.m. "lights off"
~ Lettermen, Inc.'s Exhibit 11, Section 5.
t4
condition in Condition 3 of the Decision. This requirement is reasonably required
to protect the health, safety and welfare of nearby residents. The Board has met
its duty to the neighbors and the Zoning Ordinance with this requirement. The
driving range is a permitted accessory use and the 9:30 p.m. "lights off" provision
is reasonable. Thus, we are bound to affirm the Board's decision permitting the
proposed driving range.
6. Whether it is reasonable and not an abuse of discretion for the Township
Board of Supervisors to require in Condition 8 that the portion of the golf
course on the southeast side of Rich Valley Road be substantially completed
before construction on any "structures" in the Residential Subdivision begins.
Lettermen, Inc. contends that requiring substantial completion of the golf
course on the southeast side of Rich Valley Road prior to commencing
construction of any "structures" in the Residential Subdivision is an arbitrary,
discriminatory and irrational condition. Condition Eight provides:
That the portion of the golf course on the southeast side of Rich Valley
Road shall be substantially completed before commencing the construction
of any structures in the Residential Subdivision.
Decision at 15.
Lettermen, Inc. does not yet have the Board's approval to construct a
"Rural Cluster" housing development within the golf course. Section 451 of the
Zoning Ordinance permits Rural Clusters in a Rural Residential zone subject to
conditional use approval. Lettermen, Inc. must yet obtain such approval. While
this proposed use is not at issue in this Decision, its permitted nature is
recognized under the first criterion of {}704.2. Decision at 7. Lettermen, Inc.
appealed Condition 8 in the Decision on the basis that construction on the golf
course later would need to be re-done to install necessary utility pipes for the
proposed Residential Subdivision. The Board addressed this complaint in the
Brief of Silver Spring:
Lettermen, Inc. quibbles with the Board of Supervisors's language in
regulating the order of development. Specifically, it attempts to split hairs
over the word 'structures'. As explained informally to Lettermen,
'structures' means buildings, houses, homes. At no time has any
indication that the term means 'storm sewer pipes, culverts, roads, signs,
etc.
Lettermen, Inc. knows that the Township insisted that the golf course be
substantially completed before the housing development began. It is sheer
common sense that houses would sell independent of the golf course, but
that the houses were incidental to the primary use of a golf course .... If
the golf course development requires "storm sewer pipes, culverts, roads,
signs, etc.," they must be installed of sheer necessity .... The Court is
assured that "structures" means "houses" in the context of Condition 8.
Brief of Township of Silver Spring at 13-14.
We find that the Board did not abuse its discretion in requiring substantial
completion of the golf course prior to the commencement of housing
construction. Lettermen, Inc. must yet obtain approval for a residential
subdivision. As provided for in the Brief of Township of Silver Spring, the Board's
allowance for the inclusion of such items as "storm sewer pipes, culverts, roads,
signs, etc.," in the course of the golf course construction eliminates the possibility
of an unreasonable reading of the Board's decision. Thus, we are bound to
affirm the Board's decision requiring that the golf course be substantially
completed prior to the commencement of housing construction.
16
7. Whether the golf course banquet facilities are unreasonably oversized or
unreasonably restricted to the footprint of the existing facilities, in light of the
permitted inclusion of a restaurant: snack bar, lounge, banquet facilities,
locker rooms, rest rooms, pre shop, offices and fitness equipment.
Lester S. Miller, et al, contends that the proposed clubhouse features an
unreasonably oversized banquet facility, arising from the concern that the facility
will allow a large restaurant use. Lettermen, Inc. contends that Conditions 6 and
7 unreasonably limit the proposed facility to the footprint of the existing buildings
on the subject property and unreasonably limit the use of the facility.
Conditions 6 and 7 provide:
6. That except for an outside entrance canopy, the proposed
adaptation of the barn structure nearest Rich Valley Road denoted
for clubhouse purposes must be limited and confined to the existing
interior dimensions (width, length, height, area and volume) of said
structure and within the 'footprint' therof.
7. That restaurant and dining facilities of the clubhouse shall not be
used for banquet purposes except in conjunction with principal golf-
related activities on the day of said activities.
Decision at 14.
According to the Clubhouse Schematics, the combined gross square
footage of the ground floor and the first floor of the facility would be 8,350 feet.
However, this area is contained entirely within the footprint of the existing
buildings, upon which Silver Spring conditioned approval. The plans are part of
the record, and from our own examination of the plans, we estimate the building
to be approximately 120 feet by 100 feet. The facility contains 3 partitioned
rooms with rough measurements of 25 feet by 30 feet, 25 by 40 feet, and 12 feet
l?
by 25 feet. If Lettermen, Inc. constructed the course and the facilities as
proposed and conditionally approved, the seating in the banquet facility would far
exceed the number of possible players at the course. If all four players on each
of the holes were to eat simultaneously in the banquet facility, only 84 seats
would be required (4 x 21 = 84). Clearly, this is not a large-scale restaurant
operation. It is irrelevant that there would be more seats in the banquet facility
than there could be players on the golf course.
According to the Clubhouse Schematics, the facility will be constructed
entirely within the footprint of the existing buildings. The Board conditioned
approval on such a plan. The existing buildings are a barn and farmhouse; the
area therein is not an unreasonably large accommodation for the golf course
restaurant, snack bar, lounge, banquet facilities, locker rooms, rest rooms, pro
shop, offices and fitness equipment. Also, the area within the footprint of the
existing buildings is not so small as to be unreasonably restrictive of the
proposed facility. The proposed facility, as evidenced by the Clubhouse
Schematics in the record, allows all of the above-mentioned uses. The Board
appropriately limits the facility to the footprint of the existing buildings to prevent
the possibility of a large-scale restaurant use.
Therefore, we conclude that the Board's condition limiting the clubhouse
and banquet facility to the footprint of the existing buildings to be a reasonable
condition, and we affirm.