Chairman Gary Lefever convened the July 14, 2010 meeting of the Warwick Township Zoning Hearing Board at 6:30 p.m. Present were Board Members Gary Lefever, Scott Goldman, Dane St. Clair, Mark Will and Brent Schrock. Also present were Township Zoning Officer Thomas Zorbaugh, Zoning Hearing Solicitor Neil Albert, Court Reporter Brenda Hamilton, Raymond Hurst, Elva Hurst, John Ferenz, Millard Eppig, Karen Eppig, Robert Brown, Brian Cline, Joyce Gerhart, Bob Kerstetter, Neill Wenger, Jane Wenger, Maria Oelenschlager, Robert Oelenschlager, and Jack Hurley, Jr.

MINUTES APPROVAL: On a motion by St. Clair, seconded by Lefever, the Board voted unanimously to approve the minutes of the March 10, 2010 meeting as submitted. Schrock abstained from action on the minutes since he was not present at the meeting.

POSTING, PROOF OF PUBLICATION AND NOTICE: The Township 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 hearings.

CASE #742, RAY & ELVA HURST - SPECIAL EXCEPTION: The Chairman read the zoning notice for the application received from Ray & Elva Hurst, 1519 Brunnerville Road, Lititz, PA 17543. The applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 340-11.C.(2), pertaining to a Farm Occupation in an Agricultural Zoning District. The applicant would like to operate a barnyard art studio and gallery, along with arts and crafts and a farm stand that would include local and home grown products, within their barn located on the property.

Ray and Elva Hurst were sworn in. The Zoning Officer explained that the Applicant submitted photographs of the property, and requested that they be entered as an Exhibit for this hearing.

R. Hurst explained that his wife is an artist and would like to have a studio on the property. He provided photographs of the art display in her current studio. He stated that she provides lessons to students, and provided additional photographs of a group of students. E. Hurst testified that the students vary in age and added that the most students she would have at one time during weekly classes is 8. She noted that she hosted "art days on the farm" and had up to 12 students. She testified that they have sufficient parking on the property for all of the students. She explained that she would teach most of the classes; however, they have special occasions (cartoon classes) where her friend would teach the class. She stated that she has had displays at public art shows, and has written books on farming. She explained that individuals who want to meet her are invited to the studio (the space was a recreation room for her children, before she began using it as her studio). She stated that the proposed hours would be Friday and Saturday from 10:00 a.m. and 4:00 p.m. She noted that this would be for the art studio and farm stand. The art studio is approximately 25' x 50'. She stated that she has a helper on the farm who comes once per week for several hours.

A Board member inquired whether the arts and crafts would be provided as part of the studio or the produce stand. R. Hurst explained that they are part of the studio and added that they are on display for sale. She explained that the arts and crafts are part of special events that they host at the property. E. Hurst stated that they hold 2 special events at the farm each year. One is an art day on the farm, and the other is an arts & craft show in the fall for two days. R. Hurst testified that the primary use of the property is a farm. E. Hurst stated that she would like to add a small sign for the studio, under the existing farm sign (Shady Lane Farm). E. Hurst testified that, on average, she has four art classes per week with 2 to 8 students. She stated that the art is primarily painting & pens, no pottery. In addition, no baked goods would be sold.

E. Hurst explained that the items she sells includes eggs, milk, and produce grown on the farm. She noted that these items are sold when she has events.

The Chairman inquired whether anyone present wishes to comment on the case,

Robert Brown, 1521 Brunnerville Road, was sworn in. Brown stated that his property is adjacent to the farm lane. He expressed concern over the potential amount of traffic on the farm lane (due to dust and speed). He explained that he has no problem with the use discussed this evening; however, he would not want to see a significant increase in traffic.

Raymond "Neill" Wenger, 1529 Brunnerville Road stated he would like to become a party to the case. He stated that his property joins the Hurst property, and he also shares the farm lane. Wenger was sworn in. Wenger stated that he has no problem with the current proposal; however, he is concerned over the future of the business and number of cars. He testified that he maintains the shared driveway. He stated that during special events, E. Hurst has hosted 50 individuals at the property. He explained that large equipment is used on the farm, and with the additional traffic, he is concerned that he will have increased costs to maintain the lane. He inquired whether the Applicant would be agreeable to sharing the maintenance responsibility of the lane. In addition, he is unsure whether the amount of trash would increase on the property.

R. Hurst stated that they have a dumpster on the property, and calls when service is needed. He stated that, in the approximate 12 years he has lived at the property, he does not recall Wenger maintaining the portion of the farm lane at this property. He added that he has always maintained this area, and will continue to do so. The Zoning Hearing Solicitor explained that the maintenance of the farm lane is a private matter, and not relevant to the zoning case. He added that Wenger might have other legal recourse due to the maintenance agreement for the farm lane; however, the zoning hearing is not the forum to litigate the matter. Wenger stated that the decision of the Board could directly impact him due to the additional traffic. The Chairman requested clarification from the Applicant on how the business would grow. R. Hurst stated that they do not anticipate the operation growing larger than a family-owned business. He added that they are not proposing a commercial operation.

The Chairman announced that the Board will recess to an Executive Session to discuss the proposal with the Zoning Hearing Solicitor. Upon reconvening the meeting, the Chairman stated that, at this time, the Board feels the proposal is too incomplete to act upon. They requested the Applicant to provide more detailed information on hours of operation, and the number of students. E. Hurst stated that she can address these issues this evening. The Board inquired what is the maximum number of students that attend the weekly art classes. E. Hurst testified that she can not teach more than 10 students at one time. She added that she is more comfortable with 4-6 students; however, she has had up to 10 students attend her class. A Board member stated that the number of students discussed this evening has ranged from 8 to 12 then 4 to 6 and now, up to 10. He requested that the Applicant provide information regarding specific days of the week, hours of operation, as well as more detailed information about special events, the hours of the produce stand, and the arts & crafts operation.

On a motion by Lefever, seconded by St. Clair, the Board voted unanimously to continue Case #742 for Ray and Elva Hurst to the Board’s regularly scheduled meeting on August 11, 2010 at 6:30 p.m. The Zoning Officer stated he will meet with the Applicants to address the Board’s request.

CASE #743, MILLARD & KAREN EPPIG - SPECIAL EXCEPTION/VARIANCE: The Chairman read the zoning notice for the application received from Millard & Karen Eppig, 557 B Hackman Road, Lititz, PA 17543. The applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 340-11.C.(9), pertaining to Bed & Breakfasts in an Agricultural Zoning District. The applicant would like to operate a Bed & Breakfast from their home. The applicant is also requesting a Variance of Section 340-53.F in order to locate a sign at the end of the driveway within the required 10' foot setback.

Millard and Karen Eppig were sworn in. M. Eppig stated that the property consists of 2½ acres of land and added that the home contains four bedrooms. He explained that no additions or renovations are needed to accommodate the request. He provided photographs of the property as an Exhibit for the hearing.

St. Clair abstained from the case since the property adjoins his property, and since he also operates a Bed & Breakfast.

M. Eppig stated that there are four existing parking spaces on the property, and five additional parking spaces could be provided. He noted that these parking spaces are in addition to a two-car garage. He stated that the home contains four bedrooms; however, only three would be provided for accommodations at any one time. He explained that they would provide a master suite with a king-size bed, which is their bedroom. He added that the other three bedrooms have queen-size beds. He noted that the house also has four bathrooms, and their room is set-up so they would not need anything if they have overnight guests in the room. Eppig stated that each room has a direct means of escape if necessary. He explained that he would need approval from the PA Department of Labor and Industry for the use and noted that zoning approval is necessary for the approval. The Zoning Officer explained that the approved septic plan is for four bedrooms and added that since they are not increasing the number of bedrooms, they would not need further approval. He noted that septic plans are provided based on the number of bedrooms, and not bathrooms.

The Chairman inquired whether anyone present wishes to comment on the proposal. No one present indicated their desire to comment on the proposal.

A Board member inquired why is the Variance needed. M. Eppig responded that the property is a flag lot, and the driveway is only 20' wide. He noted that if they measured 10' from the property line, the sign would be in the driveway. He stated that they are requesting a sign to be placed 5' from the property line and added that the size of the sign would be in compliance with the Zoning Ordinance.

On a motion by Lefever, seconded by Goldman, the Board voted unanimously to grant a Special Exception under Section 340-11.C.(9), to operate a Bed & Breakfast from their home, and granted a Variance of Section 340-53.F to locate a sign at the end of the driveway 5' from the property line. St. Clair abstained from action on the proposal.

CASE #744, BRIAN CLINE - VARIANCE: The Chairman read the zoning notice for the application received from Brian Cline, 1 E. Main Street, Leola, PA 17540. The applicant is representing the owner of the property which is the subject of the hearing, John Ferenz, 3 Dogwood Valley, Lititz, PA. The applicant is seeking a Variance to the Warwick Township Zoning Ordinance under Section 340-59.F, pertaining to design standards in a cluster development in the R-1 Zoning District. The applicant would like to locate a patio within the required rear yard setback.

Brian Cline and John Ferenz were sworn in. The Zoning Officer explained that the property is located within the Dogwood Valley subdivision, which is a cluster development. He explained that the cluster provision provides for a 20' rear yard setback if a property abuts a common area, and the provision provides for a 30' setback if it does not abut a common area. He stated that the Applicant is requesting consideration to allow the 20' rear yard setback. The Zoning Officer explained that the property is a corner lot. He noted that the properties across the street from this property have a 20' rear yard setback. Ferenz testified that the original building plans for the property, which were approved by the homeowner’s association, illustrate a patio pad measuring 10' x 12', at that time, they did not install the patio pad since the builder (Sam Beiler) advised them to wait seven years for the ground to properly settle. He explained that they have an existing patio at the basement which is only 20' from the property line, and was approved by the Township for the occupancy permit. Cline explained that the home is 32' from the rear property line, and the 12' width would create a 20' rear yard setback. The home has a rear exterior door that was intended to provide access to this proposed patio. Ferenz explained that they are now proposing a 12' x 30' patio to match the aesthetics of the home. The patio would not extend closer to the road than the existing front porch. He noted that a small corner of the patio near the street would be only 17' from the property line due to the configuration of the lot. The patio would be flagstone, with a stone wall. He stated that he has discussed the issue with their neighboring property owners and they were agreeable to the proposal. He explained that the patio would not be covered since it is shaded most of the day.

The Chairman inquired whether anyone present wishes to comment on the proposal.

Robert Kerstetter, 15 Star Lite Drive, expressed the opinion that the patio would benefit the neighborhood aesthetically. He added that he can confirm that Ferenz has discussed the proposal with other property owners.

On a motion by Goldman, seconded by St. Clair, the Board voted unanimously to grant a Variance under Section 340-59.F to reduce the rear yard setback to 17' for the patio.

CASE #745, NATIONAL SIGN SERVICES/CVS - VARIANCE: The Chairman read the zoning notice for the application received from National Sign Services, 437 West Evesham Avenue, Magnolia, NJ 08049. The applicant is representing the new CVS store located at the intersection of North Broad Street and the proposed North New Street extension. The applicant is seeking a Variance to the Warwick Township Zoning Ordinance under Section 340-38, pertaining to outdoor signs in a Community Commercial Zoning District. The applicant would like to install multiple signs on this building and will need relief from the sign ordinance.

Attorney Jack Hurley and Robert & Maria Oelenschlager, are representing the Applicant this evening. Attorney Hurley provided proof of consent for the application by the property owner, and a proof of consent by CVS to represent the Variance. Robert and Maria Oelenschlager were sworn in.

Attorney Hurley detailed the layout of the property for the benefit of the Board. He explained that the new CVS store would be located at the southeast corner of North Broad Street and North New Street. He indicated the access point to the Store from each roadway.

Robert Oelenschlager of National Sign Services explained that the proposal is for the installation of standard signage for a CVS Pharmacy with a drive-thru window. He explained that the flat wall signs requested for the left side elevation consist of an 18" "Drive Thru Pharmacy" sign, an 18" "Beauty" sign, an 18" "Photo" sign, and a 48" "CVS/Pharmacy" sign . Oelenschlager stated that the signs would be internally illuminated. The total square footage of signage on the left side elevation is 175.17 square feet. The flat wall signs requested for the front side elevation consist of 8½" vinyl lettering on canopy "CVS/pharmacy", a 48" "CVS/Pharmacy" sign, an 18" "Photo" sign, an 18" "Drive Thru Pharmacy" sign, and a store hours plaque. The total square foot signage on the front side elevation is 172.86 square feet. The flat wall signs requested for the right side elevation consist of a Drive Thru Pharmacy informational plaque, two 9" Drive Thru Pharmacy signs (on canopy), and two 7" Full Service signs. The total square footage of signage on right side elevation is 31.92 square feet. The flat wall signs requested for the rear side elevation consist of 9" Drive Thru Pharmacy (on canopy), 7" "Exit" sign, a CVS/Pharmacy Receiving Door Sign, and Vinyl decal "Pharmacy Pick up/Drop off". The total square footage of signage on the rear side elevation is 11.98 square feet.

A Board member inquired what is the difference between the signs on the existing CVS Pharmacy at the Shoppes at Kissel Village, and this proposed store. Oelenschlager explained that the existing store does not have the beauty, photo, and drive-thru pharmacy signs. In addition, the actual "CVS/Pharmacy" signs are only 36" high.

Oelenschlager explained that the proposed functional signs consist of two "Drive Thru Pharmacy" directional signs, two "Enter" directional signs (1 per frontage), and two "Exit" directional signs (1 per frontage). The total square footage to these six signs is 12 square feet. He indicated the proposed location of the signs for the benefit of the Board.

Oelenschlager explained that the proposed temporary signage includes a "Coming Soon CVS/Pharmacy" temporary construction sign (to be displayed during construction), and two "Now Open" banners (to be installed on building elevation at store opening and displayed for two weeks).

Oelenschlager stated that he does not manufacture or install the signs for CVS. He explained that he is a sign consultant for the firm, and ensures that the stores are properly signed in accordance with CVS standards.

Oelenschlager explained that the proposed ground (freestanding) sign include a 15' high, CVS/Pharmacy sign cabinet, and Electronic Message Unit. He noted that the message will change at 3-5 minutes intervals, with a 45 second fade in and fade out (static message, not scrolling or flashing). The total square footage of the freestanding sign is 45 square feet.

A Board member inquired how much the signage exceeds the allowable square footage on any given elevation. Oelenschlager explained that the Ordinance allows a maximum 40 square foot wall sign. He stated that the proposed signage exceeds the square footage by a considerable number and added that most Ordinances are not written for a store of this size. He explained that the store is an approximately 13,000 square foot store, and if it is not properly signed, business can be reduced by as much as 30%. He added that this is why CVS has a sign consultant.

Lefever expressed the opinion that the store at Shoppes at Kissel Village is located similar to the proposed CVS Store. He inquired why 48" letters are proposed, rather than 36'. The Zoning Officer explained that the freestanding sign meets the guidelines of the Ordinance (allows up to 80 sf). He outlined the sign requirements for the benefit of the Board. He explained that the Applicant is proposing two more directional signs than the Ordinance would allow, and these two are located internally on the site, and not along the roadway as indicated by the Ordinance. He stated that the wall signs, indicating "Beauty", "Photo", and the "CVS/Pharmacy" signs are the ones that he was concerned about. He noted that the sign placards indicating entrance, exit, hours of operation, etc. are not calculated as part of signage. He added that the internally lit signs are the signs that would be used for the calculation for this store. A Board member stated that the internally lit wall signs equate to approximately 350 square feet, well above the 40 square feet permitted by the Ordinance. He added that if the square footage of the CVS/Pharmacy sign is reduced to 36", the total square footage is reduced by approximately 116 square feet. Oelenschlager stated that the "Pharmacy" portion of the sign is smaller than the "CVS" portion; however, the Pharmacy sign could be reduced in ratio to the CVS sign. He added that he could reduce the sign to 36". He noted that the size of the wall signs with this reduction is approximately 231 square feet. Maria Oelenschlager stated that, based on the smaller CVS lettering at this site, the request is for only 5.5 square feet more wall area for signage compared to the existing CVS store.

A Board member stated that the Ordinance indicates that signage within 300' of a traffic signal can not have red letters. Oelenschlager stated that the letters on the electronic message board are red.

On a motion by Lefever, seconded by Goldman, the Board voted unanimously to grant a Variance of Section 340-38 contingent upon the lettering on the main CVS signs along the left side elevation and front side elevation being reduced from 48" to 36" (and the adjoining pharmacy letters being reduced by the same ratio), and that the message on the electronic message board remain static for 10 minutes. The Variance also includes section 340-38.A.8 to allow the electronic message board to have red letters, although it is less than 300' from a traffic light.

REQUEST FOR EXTENSION OF TIME FOR TARGET: The Board reviewed the request. On a motion by Goldman, seconded by St. Clair, the Board voted unanimously to grant a 4-month extension of time for the Target project.

REQUEST FOR EXTENSION OF TIME FOR BRYAN MARTIN: The Board reviewed the request. On a motion by St. Clair, seconded by Goldman, the Board voted unanimously to grant an extension of time until November 11, 2010 to obtain the permit, and May 11, 2011 to complete the construction of the new dwelling for the Bryan Martin project

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 7:45 p.m.

Respectfully submitted,

Thomas Zorbaugh
Township Zoning Officer