Vice-Chairman Gary Lefever convened the October 8, 2003 meeting of the Warwick Township Zoning Hearing Board at 7:00 p.m. Present were Board Members Gary Lefever, Wilmer Burkhart, Scott Goldman, and alternate Kenneth Kauffman. Randall Wenger and Dane St. Clair were absent. Also present were Zoning Officer Thomas Zorbaugh, Zoning Hearing Board Solicitor George Cook, Court Reporter Brenda Pardon, Mahlon Martin, Chris Laukhuff, and W.P. Laukhuff.

MINUTES APPROVAL: On a motion by Burkhart, seconded by Goldman, the Board unanimously approved the minutes of the August 13, 2003 meeting as submitted.

POSTING, PROOF OF PUBLICATION AND NOTICE: The Zoning Officer confirmed the posting, notice and proof of publication of the cases to be heard at this evening's hearing.

HEARING PROCEDURES: For the benefit of those present, the Zoning Hearing Solicitor explained the procedure to be followed for the evening's hearing.

CASE #615, MAHLON MARTIN-SPECIAL EXCEPTION/VARIANCE: The Chairman read the zoning notice for the application received from Mahlon Martin, 393 West Lexington Road, Lititz, PA. The applicant is the equitable owner of the property located at 631 West Orange Street, Lititz, currently owned by Garden Spot Properties. The applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 505 "Substitution of a Nonconforming Use" and Section 504 "Expansion of a Nonconforming Use", pertaining to a commercial use in an R-1 Residential Zone. The applicant would like to relocate his business "Penn Manufacturing Co." into the Garden Spot Electric building. The applicant is also requesting a Variance of Section 504.B to construct a second building on the property which would exceed the maximum permitted 50% expansion.

Mahlon Martin was sworn in. Martin clarified that the request is to continue his business, Penn Manufacturing Company, at this location. He testified that he would like to create additional office space on the property, and to construct a truck parking garage. He noted that some manufacturing could occur within the building on the property. Martin testified that the existing building would be used for office space, warehousing, and some assembly work and/or light manufacturing work. Burkhart inquired what type of manufacturing would be performed on the property. Martin testified that they currently manufacture waste oil furnaces, and they wish to expand the manufacturing business. He noted that they would also sell equipment from the site, and added that they would also retail fuel oil from the property. He explained that fuel oil would be delivered to the site and transferred to smaller trucks. He stated that there would be no outside storage of equipment. He explained that steel sheets would be used for the manufacturing business and reiterated that these would be stored inside.

The Zoning Officer explained that American Specialty Select Products had occupied the building prior to 1992 when Garden Spot Electric purchased the property from them. He explained that Garden Spot Electric received Special Exception approval in 1992 to relocate their business to the property. He stated that the only condition placed on the approval was no outside storage of equipment, except for construction trailers. He noted that he drove past the building recently and noticed large bins of electric pipe being stored outside. He added that he is unsure of the nature of American Specialty Select Product’s business operation. A representative of Garden Spot Electric (Richard J. Toews) provided an information sheet outlining their existing activity at the property. Martin testified that minor manufacturing of sheet metal products is currently performed at the property.

The Board inquired why fuel oil is being transferred from one truck to another truck. Martin explained that they also retail heating oil and diesel fuel. The Board inquired whether or not fuel oil would be stored on the property. Martin explained that the fuel oil would only be stored in trucks on the property and noted that they would not have storage tanks on the property. The Board inquired what fumes/smoke would be generated by the manufacturing process. Martin explained that a minimal amount of welding is performed that could generate a small amount of fumes.

He noted that forming and shearing of metal would also be performed as part of the business. The Board inquired whether or not a smoke or dust collector would be needed as part of the business. Martin explained that they have been in the manufacturing business for 20 years and that they use only exhaust fans. He noted that approximately 3 welders could be working at any given time. The Board inquired what are the hours of operation. Martin explained that the hours of operation for the manufacturing business would be Monday through Friday from 8:00a.m. to 5:00 p.m. He noted that other hours are added in cases where fuel deliveries are needed. Martin testified that he would like to construct a 78' x 140' structure on the property, primarily for truck parking, and also for manufacturing. Martin estimated that the building would be approximately 20' high. He stated that the existing building on the property is approximately 72' x 202'. He added that both the existing building are proposed building are one-story. The Zoning Officer explained that the proposed building would have approximately 10,920 square feet and added that the 50% expansion permitted by the Zoning Ordinance would allow only a 7,272 square feet building. Martin explained that he would have two tractor trailers parked within the proposed garage on the property. The Board requested clarification of the size of the proposed structure since the drawings submitted with the application illustrate a different size structure. Martin stated that the actual size could be 78' x 155' (12,090 square feet) in order to accommodate truck parking. The Zoning Officer explained that this size building would result in an 88% expansion of the existing building on the property. Martin stated that approximately 9 individuals would be employed by the business.

The Vice-chairman explained that the Zoning Hearing Alternate has heard the testimony on the case and inquired whether or not the applicant objects to him rendering a decision on the case. The Zoning Solicitor explained that, technically, the Alternate is not needed to render a decision since three members of the Board are present. He added that if the Alternate renders a decision, it could result in a 2-2 decision, which could render the case unapproved. The applicant indicated that he has no objections to the Alternate rendering a decision on the case.

The Board briefly discussed the size of the proposed structure on the site. The Board determined that based on 7 bays within the building, the Applicant could feasiblely construct a 78' x 140' structure, with no manufacturing occurring within the structure.

On a motion by Goldman, seconded by Kauffman, the Board voted unanimously to grant the Special Exception under Section 505 "Substitution of a Nonconforming Use" and Section 504 "Expansion of a Nonconforming Use", and granted a Variance of Section 504.B contingent upon the proposed structure being 78' x 140' long, and contingent upon the proposal meeting the applicable guidelines of the Subdivision and Land Development Ordinance. Martin testified that he is agreeable to the designated size of the structure. He noted that a block wall could be constructed between the truck parking area, and any manufacturing area within the proposed structure. The Zoning Officer explained that the applicant would need to file a Land Development Plan prior to constructing the second structure on the property.

REQUEST FOR EXTENSION OF TIME FOR DARYL WEAVER, WEAVER’S GARAGE (CASE #609): The Board reviewed the request. On a motion by Goldman, seconded by Burkhart, the Board voted unanimously to grant an extension of time until June 11, 2004 for Case #609.

REQUEST FOR EXTENSION OF TIME FOR MICHAEL PALASZ, LITITZ ORTHODONTIST (CASE #594): The Board reviewed the request. On a motion by Burkhart, seconded by Goldman, the Board voted unanimously to grant an extension until April 9, 2004 for Case #594.

REQUEST FOR EXTENSION OF TIME FOR ZIMMERMAN/GARMAN TRACT (CASE #608): The Board reviewed the request. On a motion by Burkhart, seconded by Goldman, the Board voted unanimously to grant an extension of time until May 14, 2004 for Case #608.

REQUEST FOR EXTENSION OF TIME FOR WAYNE ANTHONY (CASE #389): The Board reviewed the request. The Zoning Officer explained that this case was approved to allow Dr. Anthony to operate an Orthodontic office from an existing building on his residential property. He added that the case was approved several years ago and requested the Zoning Hearing Solicitor’s input on how long an approval can be extended. The Zoning Hearing Solicitor explained that a zoning approval may be continued as often as the Zoning Hearing Board desires. Goldman suggested that the Board approve the extension this evening and require the applicant to appear before the Zoning Hearing Board to provide a status report on the case prior to any additional time extensions. On a motion by Goldman, seconded by Burkhart, the Board voted unanimously to grant an extension of time until April 8, 2004 for Case #389, and to require the applicant to appear before the Zoning Hearing Board to discuss any future time extension requests.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Zoning Officer explained that Randall Wenger and he will be meeting with several applicants to serve as the Zoning Hearing Solicitor and requested an additional volunteer to meet with the applicants.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at

Respectfully submitted,

Thomas L. Zorbaugh
Code and Zoning Officer