Chairman Gary Lefever convened the August 11, 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, Brent Schrock. Also present were Township Zoning Officer Thomas Zorbaugh, Zoning Hearing Solicitor Neil Albert, Court Reporter Rhonda Adams, Kurt Hoover, Larry VanBrookhoven, David Reiste, Christine Reiste, Stacy Hartman, David Maxfield, Helen Weber, Jeanette Charles, Theresa Ross, Carl Petticoffer, Elva Hurst, Joyce Schnupp, Mark Nolt, Amy Nolt, Aaron Nolt and Mikayla Nolt.

MINUTES APPROVAL: On a motion by St. Clair, seconded by Lefever, the Board voted unanimously to approve the minutes of the July 14, 2010 meeting as submitted.

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 explained that this case is a continuation from last month's meeting. The Board recessed briefly to discuss the case with the Zoning Hearing Solicitor. Upon reconvening the hearing, 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 at last month's meeting. Thomas Zorbaugh, Warwick Township Zoning Officer was sworn in. He stated that, at the request of the Board, he spoke with the Mr. Hurst to further discuss the zoning request. He explained that the art classes consist of drawing & painting classes that are two hours in length. The class times vary; therefore, the applicant is requesting consideration for hours between 9:00 a.m. and 6:00 p.m. The classes are held for a three-month term. The average number of students attending the class is estimated at 5, with a maximum of 10 students per class. The Applicant indicated that multiple classes might be held on one day. A Board member stated that within the 9-hour range as proposed, the Applicant could hold up to four classes per day, and up to 40 students per day. He inquired whether the applicant would be agreeable to limiting classes to no more than two per day. Mrs. Hurst testified that she would be agreeable to a limit of two classes per day.

The Zoning Officer explained that the "Art on the Farm" event is currently a one-day event held one Saturday per year. Mrs. Hurst explained that she might have the opportunity to hold additional "Art on the Farm" days for four Saturdays during the summer. The "Art on the Farm" event would be held from 9:00 a.m. to 6:00 p.m. Additional Saturdays are being considered to provide separate classes for adults and children.

The Art & Craft shows consist of a two-day event held four times per year on a Friday and Saturday from 8:00 a.m. to 8:00 p.m. An average of 5-10 shoppers per hour is anticipated. The specific date for each event varies by season. The Zoning Officer explained that the request is similar to a previous applicant who was permitted to hold shows provided that she notifies the Township prior to each show. Mrs. Hurst added that she was recently invited to be part of the "Best Kept Secret Tour of Lancaster County". This event is held during a two-week period in October, Monday through Saturday from 9:00 a.m. to 5:00 p.m., with Thursday hours from 9:00 a.m. to 8:00 p.m. An average of 5-10 shoppers per hour is anticipated for this event.

The Art Gallery would be by appointment only, between 8:00 a.m. and 8:00 p.m., Monday through Saturday. Only one individual/family would be scheduled per appointment.

The Zoning Officer explained that the Applicant is not proposing a roadside produce stand; however, they might sell produce during art events.

A Board member inquired what other entertainment is provided during the art events. Mrs. Hurst explained that she provides a chalk drawing presentation, and her children sketch cartoons. She noted that there is music as well.

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

The Zoning Officer explained that Raymond "Neill" Wenger became a party to the case at last month's meeting. He added that Mr. Wenger met with the Applicant and advised that he is satisfied with the information as presented.

On a motion by Golden, seconded by St. Clair, the Board voted unanimously to grant a Special Exception under Section 340-11.C.(2), contingent upon adherence to the testimony and exhibits provided by the Applicant, and contingent upon the Applicant notifying the Township one-week prior to the Art & Craft shows.

CASE #746, KURT HOOVER - SPECIAL EXCEPTION: The Chairman read the zoning notice for the application received from Kurt Hoover, 817 Disston View Drive, Lititz, PA 17543. The applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 340-11.C.(3), pertaining to Home Occupation in an Agricultural Zoning District. The applicant is a firearms dealer and needs approval from the Township in order to obtain his license.

Kurt Hoover was sworn in. Hoover clarified that he is not a firearms dealer yet. He explained that he applied for a firearms license in January, 2010. He testified that he would like to sell firearms through internet sales and gun shows. In addition he is an auctioneer and he would like to sell and transfer firearms at public sales. He explained that he contacted the Zoning Officer and requested a letter from the Township to authorize the firearms sales. He stated that since the letter referenced internet sales and gun shows, the application was rejected by ATF, since it must include approval by the Township specifically for retail sales. He added that he does not wish to operate a store, or provide sales from his home, except for friends and family members. Hoover stated that he would not have on-site inventory, and he would accept orders that could be delivered to his home, or another licensed dealer. The Zoning Officer explained that he spoke with a representative of the ATF, and they need a physical address on the application for transfer of firearms. Hoover added that the approval would authorize him to auction firearms and transfer them to an individual at an estate sale.

Hoover explained that the application requires that business hours of at least one hour per week be provided. The Zoning Hearing Solicitor inquired whether the applicant would agree to conditions including no general inventory, no regular hours, no display room, and sales by appointment only, except for one hour per week. Hoover explained that he would be agreeable to these conditions.

Mark Nolt, 138 Chestnut Street (Lititz), was sworn in. Nolt suggested that the Board limit on-site sales to a percentage of the overall sales volume. The Zoning Hearing Solicitor explained that the Board does not have the means to track annual sales. He added that the Board's concerns relate to the amount of traffic and truck deliveries.

Hoover stated that a firearms license is not intended for individuals who collect firearms as a hobby. In addition, the ATF will verify that individuals are transferring firearms and making a profit; otherwise, they would revoke the license.

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

Hoover explained that his personal gun collection is kept in a locked walk-in area approximately 10' x 10' x 12'. He testified that he would keep at least 5 firearms on-site for internet sales. A Board member inquired whether ammunition would be sold as well. Hoover testified that he would not sell ammunition. In addition, business would be limited to a 12' x13' office area, with no more than 10 guns available for sale on the premises. He noted that transactions take approximately 20 minutes.

On a motion by Goldman, seconded by Lefever, the Board voted unanimously to grant a Special Exception under Section 340-11.C.(3), to allow the property owner to obtain a firearms license. The approval is contingent upon no more than 10 guns as part of the general inventory, sales by appointment only, except for one hour per week for business hours, and that business is conducted only with the 12' x 13' office area. In addition, the Applicant must have a current license issued by ATF in order to retain zoning approval, and retail sales are limited to only firearms (no ammunition, scopes, parts, etc.).

CASE #747, MARK AND AMY NOLT – SPECIAL EXCEPTION/VARIANCE: The Chairman read the zoning notice for the application received from Mark & Amy Nolt, 138 Chestnut Street, Lititz, PA 17543. The applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 340-14.C.1 to operate a machine shop as a Home Occupation and Section 340-14.C.2 to allow the Noncommercial Keeping of Livestock in a R-1 Zoning District. The applicant would like to operate a machine shop in an outbuilding making and repairing hit & miss engines and would like to keep livestock on his two properties of approximately 4 acres. The applicant is requesting the following Variances: Section 340-87.A to exceed the allowable number of animals and keep the following - 12 chickens, 4 goats, 4 sheep and 1 steer; Section 340-87.B to allow the setback for the barn that is to house the livestock to be reduced from 75' to 50' on both sides; Section 340-87.D to allow the fence to be installed on the property line continuing the existing fence line and Section 340-14.G.2 to allow on outbuilding to be closer than 10' to his own property line.

Mark and Amy Nolt were sworn in. The Zoning Officer submitted photographs of the property as an exhibit for the record. Mr. Nolt testified that the there are currently 4 goats, 4 sheep, and 1 steer on the property. He explained that the goats and sheep are 4H projects for his children. He noted that the goats and sheep will be auctioned at two fairs. He explained that the Ordinance would allow him to keep up to 4 steers on the property, which equates to 6,000 lbs. of animals. He explained that the goats and sheep are smaller animals. He stated that the 4 goats, 4 sheep, and 1 steer are kept in an approximate ½ acre fenced area on the property. He stated that he is requesting authorization to keep 12 laying chickens on the property as well. He provided an example of the types of eggs and steaks that would be produced on the property for the Board's information. He explained that they would raise the chickens and steer for their own use. He noted that he previously had 2 pigs on the property; however, they were butchered in March. He noted that he would also like approval for 2 pigs per year for the same purpose. He explained that he also owns a 2-acre property that a farmer rents to grow corn. He stated that he would like to keep the animals to feed his family. He noted that he also has a vegetable garden. He explained that he would like to fence an area to the south of the property for a pasture area. He explained that the reason he would like to reduce the setback for the barn is so he can use the slope of the property to create a bank barn to maintain a constant temperature in the barn. The Zoning Solicitor requested clarification of the number of animals that would be kept on the property. Nolt explained that he rotates the animals, and the goats and sheep would replace the pigs each year. He noted that he previously had chickens on the property; however, they are now gone. Nolt stated that they are also considering raising up to 25 pheasants that would be released in the Fall. Nolt stated that he would like to keep a total of 25 chickens on the property (2 varieties).

Lefever inquired whether the two properties owned by the Applicant could be considered together to provide the animal ratio. The Zoning Hearing Solicitor stated that the properties can be considered together to determine animal density; however, they would need to be considered separately to determine building locations. Goldman inquired why the bank barn is being constructed, since another building is currently used to house the animals (converted horse barn with 3 stalls). Nolt stated that he would like to use this building to house his machinery and use the new building for the animals. Nolt noted that the proposed 28' x 36' barn could be relocated on the property to meet the setback requirement; however, the bank barn would not require heat. The Zoning Officer indicated the location of the proposed fence on the property for the benefit of the Board. He added that a fence for animals requires a 10' setback. The Zoning Officer noted that the plot plan for the proposal includes a shed the Applicant intends to place on the property; however, the shed location as illustrated meets the required setbacks.

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

Larry VanBrookhoven, 140 Chestnut Street; David Reiste, 119 Race Street; and Stacey Hartman, 115 Race Street were sworn in.

VanBrookhoven presented a petition signed by several neighbors who oppose the proposal. He also presented a map indicating the location of the property owners who signed the petition. In addition, he presented a list of questions and objections relating to the proposal. He stated that he also has comments on behalf of several neighbors who are not present this evening.

VanBrookhoven stated that since August 2008, his neighborhood has been adversely affected by the Applicant not adhering to the zoning requirements. He requested that the existing ordinances be upheld with no exceptions and no variances granted. He stated that livestock have escaped from the property causing damage to flowers, lawns, shrubs, & trees and creating hazards to vehicles and pedestrians. He stated that he and his neighbors request that the Board deny any livestock on the Nolt property. He requested that the Board review the specific list of questions and objections that were submitted into the record of the hearing.

Goldman requested clarification of which structure would be the machine shop. Nolt stated that an area in the existing building that houses the animals would be used for the proposed machine shop. He stated that one neighbor has chickens and other birds on the property, a neighbor down the street has an in-home business, and several properties with steers are located within the area. Therefore, he assumed that he could keep animals on his property, since the previous property owner had up to 7 horses on the property. He stated that the current proposal was designed with respect to the surrounding neighbors.

Reiste stated that the neighbors' concerns about the steers relates to their noise (bellowing). He explained that although the proposed location for the steers is considered the Nolt's rear yard, the property is adjacent to the front yards of properties along Race Street. He explained that although there are no chickens on the farm currently, he was previously awakened at 4:00 a.m. by a Rooster on the Nolt property. He stated that although sheep and goats are smaller than steers, he is still concerned about livestock in an R-1 zone. He explained that although Nolt intends to provide deterrents against flies on the property, it would not assist the neighboring properties.

Nolt confirmed that all animals would be maintained on the 1.91 acre property. Reiste estimated that, based on the existing and proposed structures, the animals would be maintained on only three-quarters of an acre. He added that the smell of the animals is also a concern. Reiste stated that steers could create 50 pounds of manure per day per 1,000 lbs. He stated that the properties in this area are served by well and inquired what is the proposed method to control runoff. Nolt explained that the property would remain in grass. He added that the adjoining tract would not be used to pasture animals depending on the location of the proposed fencing.

The Zoning Officer clarified that Agricultural uses are permitted on properties within the R-1 zoning district, with a minimum of 10 acres. He added that if Nolt maintains more than 5 animals units, a manure management plan would be needed.

VanBrookhoven indicated the location of several neighbors in conjunction with the pasture area (Charles, Good & Snyder). VanBrookhoven expressed concern over the size of the proposed bank barn, since it is the approximate size of his home. In addition, it reduces the amount of pasture available for the animals. Reiste requested that the proposed fence meet the required 10' setback. He added that the previous property owner (Green) had 2 horses on the property for several years, and these animals were removed several years prior to the sale of the property. Therefore, there would be no applicable grandfather clause. In addition, he requested that the property pins be located to ensure the adequate location of the proposed fence. Nolt inquired what is the purpose of the building proposed closest to the garage. Nolt stated that he would like to move his woodworking shop to the building and noted that the shop is currently in his three-car garage. He added that the woodworking shop is for a hobby, only.

VanBrookhoven inquired whether the outstanding zoning issues from the Spring have been addressed by Nolt. The Zoning Officer stated that the Applicant has indicated that if the proposed buildings are permitted, some of the issues would be addressed, since some of the smaller outbuildings would be removed. VanBrookhoven inquired why the Board is considering new uses if the outstanding issues have not been addressed. The Zoning Hearing Solicitor stated that one issue is not related to the other issue. Goldman indicated his disagreement with the Zoning Hearing Solicitor's statement.

The Zoning Officer inquired whether the neighbors would object if the barn and pasture were moved to another location on the property. Mrs. Hartman stated that she would maintain her objection since her property is to the side of Nolt's property. Nolt stated that the rear property was selected since it is not useable land. Nolt expressed the opinion that he could keep four steers on the property in accordance with the Zoning Ordinance; however, his proposed use would be less detrimental. He added that the 4H animals teach responsibility to his children. An individual stated that Nolts children could have rabbits as a 4H project, which would be less intrusive and also teach responsibility. Nolt stated that rabbits do not teach showmanship.

Reiste read the first paragraph from the list of questions and objections relating to the machine shop. The paragraph requests the Board to uphold the Zoning Ordinance, and that these issues are not intended as ill will against the property owner. Reiste stated that, in response to the Zoning Officers request regarding relocating the animals, it might address the concerns of those present this evening, but not the neighbors who would be more adversely impacted.

Nolt addressed the questions submitted by the residents relating to the machine shop. He testified that the machine shop would not be a full-time operation. He added that he might work more when he retires and noted that he begins at approximately 7:00 a.m. and might work until 9:00 p.m. He stated that he might place a small sign on his mailbox. Nolt stated that shop has only one window that faces east, and he could place a blind on the window. He stated that 6 parking spaces are currently provided on the property and the existing fence and trees would be used for screening. He stated that his lathe is currently 12"; however, he might use a 14" in lathe in the future. He noted that he can build any needed parts on the lathe. He added that he considers the use a hobby and not a commercial operation. He noted that he will attempt to keep noise to a minimum. St. Clair inquired whether deliveries would be provided for the machine shop. Nolt responded that deliveries would be via UPS. He noted that he manufactures engines, and might possibly repair engines for other individuals; however, it is a small operation intended as a hobby. He described the engines for the benefit of the Board. He noted that he does not intend to retire until he is 65 years of age. St. Clair inquired whether the engines are muffled. Nolt responded that the engines are not effectively muffled. He estimated that the area devoted to the business would be 20' x 35'. The Zoning Officer read the conditions for a Home Occupation under the Zoning Ordinance.

The Board recessed to discuss the proposal with the Zoning Hearing Solicitor. Upon reconvening the meeting, and on motion by Lefever, seconded by St. Clair, the Board voted unanimously to close testimony this evening, and continue the case until the Board's next regularly scheduled meeting on September 8. 2010, at which time they will render their decision.

The Board recessed to an Executive Session.

ADJOURNMENT: Upon reconvening the meeting, and with no further business to come before the Board, the meeting was adjourned at 8:45 p.m.

Respectfully submitted,

Thomas Zorbaugh
Township Zoning Officer