Chairman W. Logan Myers convened the November 17, 2010 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors W. Logan Myers, Michael Vigunas, C. David Kramer, Anthony Chivinski and Herbert Flosdorf. In attendance were Township Manager Daniel Zimmerman, Code and Zoning Officer Thomas Zorbaugh, Roadmaster Dean Saylor, Lieutenant Edward Tobin, Aaron M. Navarro, Bruce E. Garner, Craig Mellott, Nelson Peters, John Lippa, James Strong, Christine Wilson, A. Richard Erisman, Jeffrey D. Martin, Dan Gwinn, Sam Dagen, Katie Hartsell, Art & Jane Myers, Brent Schrock, Ron Oettel, David Reist, and William Hazlett. Gary P. Klinger from the Lititz Record Express represented the press.

PUBLIC HEARING - THE APPLICANT, MEMBERS FIRST CREDIT UNION, IS SEEKING CONDITIONAL USE APPROVAL UNDER SECTION 340-16.D(4) OF THE WARWICK TOWNSHIP ZONING ORDINANCE, PERTAINING TO DRIVE-THROUGH FACILITIES WITH THE LOCAL COMMERCIAL ZONE. THE PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF OWL HILL ROAD AND LITITZ PIKE (SR 501).

The Chairman announced the procedures to be followed for this evening’s hearing. The Township Manager confirmed the advertisement and posting for this evening’s hearing. He stated that the site is located at the intersection of Owl Hill Road and SR 501, and explained that the property is zoned Local Commercial (LC). He explained that financial institutions are permitted by right in the LC zone; however, drive-through facilities are provided under the Conditional Use provision.

Attorney James Strong, representing Members First Credit Union, explained that the Board and Planning Commission previously reviewed the proposal. He stated that the Applicant was before the Zoning Hearing Board on October 13, 2010 to request Variances for the proposal, and the Zoning Hearing Board approved those Variance requests. He noted that the project was before the Board of Supervisors on October 20, 2010 for a rezoning request. He added that the Planning Commission recommended conditional approval of the application before the Board this evening. Attorney Strong explained that the Zoning Ordinance allows banks and financial institutions by right in the Local Commercial zone; however, the drive-through requires Conditional Use approval.

Aaron M. Navarro, J. Michael Brill & Associates, was sworn in. He stated that he is representing the applicant this evening. He detailed the proposed layout of the lot in accordance with the Conditional Use application for the benefit of those present. He noted that access to the site would be via a proposed shared driveway along Owl Hill Road. He addressed the criteria under Section 340-66 of the Zoning Ordinance, which pertains to drive-through facilities in the Local Commercial zone. He stated that the Zoning Hearing Board granted a Variance of Section 340-66.F to allow the drive-through to be closer than 200' from residentially zoned land. He noted that the odd configuration of the lot and topographic limitations affect the ability to provide the 200' setback. He added that a 50' foot wide buffer yard, including vegetative cover, would be located between the proposed drive-through facility and the residentially-zoned properties to the south and east.

Craig Mellott, Traffic Planning & Design, provided his background for the benefit of those present. He explained that the current access to the site along Owl Hill Road is approximately 160' from the center line of Lititz Pike (SR 501). The plan proposes to relocate the access approximately 285' from the center line of SR 501; providing an additional 125' of separation from the intersection. He stated that the site would continue to be accessed from Owl Hill Road, via a shared access point between this property and the adjoining residential zoned property. He added that the left turn lane along Owl Hill Road would be extended as part of this project. The adjoining residential tract would remain under the ownership of the current property owner. Mellott explained that he prepared a Traffic Impact Study in conjunction with Section 285-14 of the Subdivision and Land Development Ordinance, which pertains to the requirements to submit a Traffic Impact Study. He stated that the purpose of the Traffic Impact Study is to evaluate site access, and to assess offsite impact.

Mellott explained that they took traffic counts along Owl Hill Road and along Lititz Pike as part of the study in order to provide traffic projections for the proposed development. He stated that the traffic study conclusions indicate that traffic generation would be low compared to other commercial uses that would be permitted within this zoning district. In addition, due to the low traffic generation, the development would not adversely affect traffic patterns on neighboring roadways. He explained that the study also concluded that the proposed access is adequate, and would provide safe access into the Members First Credit Union site. Mellott explained that the left-turn lane along Owl Hill Road would be extended approximately 225' as part of the project. The current lane is approximately 104' in length and could accommodate 4-5 cars; and the proposed length is 330'. Mellott stated that the Township’s traffic engineer has reviewed the Traffic Impact Study that was prepared for the site, and has approved the document. Mellott explained that during peak hours (evening’s between 4:00 p.m. and 6:00 p.m. and mid-day Saturday) the site would generate 52 additional trips per hour, which equates to one extra car per minute.

Attorney Strong requested that Applicant’s Exhibits A1 to A5 be admitted into the record for his evening’s hearing.

Bruce Garner, owner of SGS Architects was sworn in. Garner testified that he is present this evening at the request of the Walter family, who currently own the property where the credit union would be located. He explained that he has been representing the Walter family for approximately 4 years regarding the potential utilization of the property. He noted that the members of the Walter family live out-of-state. The family members requested that Garner read a statement into the record on their behalf. The letter was written by the children of the property owner (Barbara Walter), Henry Walter III and Mary Foor. The statement indicates that the home has been in their family since the 1880's. In addition, the property owner moved to a nursing home in Hagerstown, MD in 2002 to be closer to her daughter. Unfortunately, health care costs have exhausted all other finances available and the family offered the home for sale in 2007. Since that time, the family has received only commercial inquiries, and concluded that the proposal by Members First Credit Union was the best solution for the property owner, since the use is provided by right. Although the house is old, a prior historic inventory concluded that the house is not a historically significant structure. Due to the age of the home, Warwick Township requires the buildings to be further documented prior to the demolition. The statement indicates that the demolition of the home is at the discretion of the buyer and seller, and not the Township. Although the family is saddened by the prospect of losing the home where they grew up, they feel their family heritage will remain a positive one through the Augustus Shober house at 9 Owl Hill Road (north side of Owl Hill Road).

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

Katherine Hartsell, 901 Lititz Pike, was sworn in. Hartsell explained that she currently lives in the house that would be demolished as part of this proposal. She stated that although she sympathizes with the Walter family, she feels the home has historic value to Warwick Township. She provided a history on the property and explained that the original property owner Andreus Shober came from Moravia. Subsequently, George Shober owned the home and transferred ownership to Augustus Shober. She stated that the home was ultimately transferred to Henry Walter, Jr. who was doctor in Lititz, which is verified by records in the attic of the home.

Hartsell stated that the home adjoins a residential area, and it is nearly impossible to make a left-turn from the current driveway. She expressed the opinion that a left-hand turn would be nearly impossible from the property even if it is moved 200' farther east as proposed. She stated that although traffic studies might indicate otherwise, she lives at the property and suggested that the access be marked right-turn only.

Hartsell stated that she has talked to people in the community about the proposal, and all of them have stated that the Township does not need another financial institution, since there are 16 financial institutions in Lititz currently. She expressed the opinion that the timeframe to relocate the home is unrealistic, since it does not provide sufficient time to process the necessary paperwork.

Hartsell stated that the Township’s website lists the property as a historic site, and this proposal is taking history away that will never return. She added that the Township has approved the Special Exception for the project that allows the home to be destroyed. She stated that the update to the Joint Strategic Comprehensive Plan promotes the historic value of Lititz and encourages people to maintain and restore historic structures. She stated that the residents of Lititz should come together as a community and turn the home into a museum, since it is a pre-civil war structure that is prominent to Moravians. She added that she is having an open house on Saturday, November 20, 2010 and requested the Board members to come to the house to see why it is important to the community.

David Reist, 104 Owl Hill Road, was sworn in. Reist stated that he lives in close proximity to the property, and he finds it disheartening that the credit union is building on this property when there is other useable land in the area. He stated that there is a lot along SR 501 near LaPiazza, that is for sale. In addition, there are lots along Trolley Run Road that could be considered. He commended Hartsell, who is only a tenant of the home, who is trying to preserve the integrity of the home. He stated that although the property owners have indicated the property was for sale, he travels the roadway frequently, and has never seen a "for sale" sign. He explained that he sympathizes with the Walter family, and his father is currently in a nursing home costing $11,000 per month.

Reist inquired whether a study was provided regarding the potential effects of light pollution from the proposed use. The Township Manager stated that the Township’s Ordinance states that light is not allowed to shine on adjoining properties. He noted that the project has not proceeded to the Land Development Plan review stage, which is where this issue would be addressed. He added that the hearing this evening is for only the drive-through facility. In addition, issues relating to stormwater management would also be addressed at the Land Development Plan stage. The Township Manager also confirmed that the traffic study for this site included the traffic analysis for the proposed Target store. Reist requested that the Board be proactive in taking care of the Township’s land and its history.

Jeffrey Martin, 308 Fairview Drive, was sworn in. Martin stated that has been a local history teacher for 21 years, and he has lived in Lititz his whole life. He expressed concern over the amount of development that has occurred in Lititz over the years and concurred with Reist that there is sufficient land in the area where a credit union could be constructed without demolishing a historic structure. He explained that the house is unique with its cornerstone, and the carriage house has a spiral staircase. He suggested that consideration be given to relocating the home to the adjoining residential tract that is not part of the proposal.

Reist inquired wether a Members First Credit Union was recently opened in Neffsville. John Lippa, representing Members First Credit Union, confirmed that a branch recently opened in Neffsville.

William Hazlett, 1355 Stony Lane, was sworn in. Hazlett expressed concern that the home is being demolished. He inquired how many Variances were granted for the project. The Township Manager explained that 4 variances were granted for the project. Hazlett stated that he hopes that the Township deals fairly with individuals and commercial businesses in zoning issues, since it seems commercial businesses might be given precedent over individuals. He stated that he and Bob Wohlsen helped design the current Municipal Building. He stated that the second floor was considered for a museum, which he subsequently discussed with the current Township Manager. In addition, he served on the Lancaster County Planning Commission as an advisor for an overlay program. The overlay was used for historic properties, for wildlife areas and for other areas to help local municipalities plan growth. Hazlett noted that he was also a Warwick Township Supervisor previously, and indicated that Comprehensive Plans regarding growth are not always followed, because of political pressure. He stated that he previously discussed the possibility of creating a museum for Warwick Township, since the Township is a separate entity from Lititz Borough. He expressed the opinion that a tremendous amount of growth has occurred in the Township on the fringes of Lititz Borough, and elsewhere in the Township (Hospital, Lititz Watch Technicum). He concurred that preservation of the home is not the responsibility of the Township, and added that he knew the Walter family personally. He stated that it would be a benefit if the home could be relocated, and inquired whether the representatives of the credit union feel responsible to the historic value of the home. He inquired whether these representatives would consider contributing toward the cost of relocating the home.

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

On a motion by Flosdorf, seconded by Kramer, the Board voted unanimously to close the public hearing for Members First Credit Union.

The Chairman announced that the Board has 45 days from tonight to render a decision on the proposal.

APPROVAL OF MINUTES: On a motion by Flosdorf, seconded by Vigunas, the Board unanimously approved the minutes of the October 6, and October 20, 2010 Board meetings as submitted.

TREASURER'S REPORT: The Board reviewed the Treasurer's Report. On a motion by Flosdorf, seconded by Kramer, the Board unanimously approved the Treasurer's Report as submitted.

PAYMENT OF BILLS: The Board reviewed the list of bills submitted for payment. On a motion by Flosdorf, seconded by Kramer, the Board unanimously approved the payment of bills from the General Fund in the amount of $210,568.10.

TOWNSHIP MANAGER'S REPORT: The Township Manager provided a status report on the Police Feasibility Study. He explained that the draft of the study will be completed for review by the subcommittee in January. He noted that the subcommittee completed a tour of the Northern York Regional Police Department.

The Township Manager provided a status report on the rails-to-trails study. He explained that the Township completed a 12-month count of the usage of the rail trail at the request of the Board. He explained that the counter tracked 72,991 trips on the trail. He noted that some of these might have been repeat trips since the counter tracks each time it is crossed. He explained that the counter tracks pedestrians and bicyclists, and the largest usage was in June with over 16,000 trips, and the lowest usage was in January.

The Township Manager provided a status report on the need for an Emergency Management Coordinator (EMC) volunteer. He explained that the Board recently received information regarding a potential volunteer.

The Township Manager provided a status report on the proposed Target store. He explained that the Township has received all of the required agreements for the construction project to proceed.

The Board unanimously approved the Township Manager's report.

TAX COLLECTOR'S REPORT: The Board reviewed the October, 2010 Tax Collector's report. On a motion by Kramer, seconded by Vigunas, the Board unanimously approved the Tax Collector's October, 2010 report.

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster provided a report that outlines the activities of the Public Works Department during October, 2010. The Board unanimously approved the Public Works Department Report.

POLICE DEPARTMENT REPORT: Lieutenant Tobin presented a report that outlines the activities of the Police Department during October, 2010. The Board unanimously approved the Police Department Report.

ZONING OFFICER'S REPORT: The Zoning Officer presented a report that outlines the Zoning/Building permits issued in October, 2010. He outlined the cases heard at the Zoning Hearing Board's October 13, 2010 meeting. The Board unanimously approved the Zoning Officer's Report.

CONSIDER TIME EXTENSION REQUEST FOR THE NEWPORT SQUARE CONDITIONAL USE DECISION: The Board reviewed the request. On a motion by Flosdorf, seconded by Chivinski, the Board voted unanimously to grant a sixty-day extension of time for acting on the Conditional Use application for Newport Square.

CONSIDER REQUEST FOR RELEASE OF THE JEFF RISSER LETTER-OF-CREDIT: The Board reviewed the request. The Township Engineer commented that based on their recent visual observation of the site, it appears that the required storm water management facilities and site stabilization have been satisfactorily completed. They noted that while they did not previously observe or inspect the excavation of the site, it appears the underground system was installed. Therefore, they recommend the Township release the remaining Letter-of-Credit in the amount of $5,811.00 in its entirety. On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to release the $5,811.00 Letter-of-Credit for Jeff Risser in its entirety.

CONSIDER THE DRAFT OF THE 2011 FISCAL BUDGET AND AUTHORIZE ADVERTISEMENT OF THE BUDGET: The Township Manager provided a brief presentation on the draft 2011 Fiscal Budget. He explained that the Board met in a Budget workshop Session at 4:30 p.m. prior to this evening’s meeting. He stated that the General Fund Budget does not propose an increase to the Township’s millage rate. He noted that this is the 21^st consecutive year that the millage rate has been maintained at its current level. He anticipated that the Budget will be adopted at the Board’s regularly scheduled meeting on December 15, 2010. On a motion by Chivinski, seconded by Kramer, the Board voted unanimously to authorize advertisement of the 2011 Fiscal Budget.

OTHER BUSINESS TO COME BEFORE THE BOARD: William Hazlett stated that he and his wife sold property at public sale on October 20, 2010. He stated that the parcel was small, and he inquired whether TDRs are applied to small parcels. The Township Manager explained that TDR’s are purchased from properties in the Agricultural zone, and applied to properties within the Campus Industrial zone and for over-55 communities in the R-3 Zone. Hazlett suggested that TDRs be considered for smaller properties containing 5 acres and up for wildlife preservation. He stated that the developer that purchased the lot was advised that he could increase the density of the property if additional water samples are favorable. In addition, he was advised that if three lots are provided, they would need to provide 2 driveways. He requested the Board to consider allowing only 1 driveway to serve the lots, since sight visibility would be not be a problem, and the property is steep. He stated that although there is not much traffic on Stony lane, motorists travel over the speed limit. He suggested that the Township provide improvements at the intersection of Stony Lane and Clay Road to improve the turning radius at the intersection.

Hazlett stated that if the Township is planning on vacating Carpenter Road, the Board should consider improvements to the intersection of Clay Road and Lincoln Road, which is an offset intersection. In addition, improvements should be provided to the intersection of Stony Lane and Clay Road. He stated that although there is not a high volume of traffic on Carpenter Road, it would create more traffic along Clay Road at these intersections. Hazlett stated that a farmer with a tractor and wagon has good visibility to see traffic on Carpenter Road; however, the intersection with Stony Lane has poor visibility for farmers traveling along Clay Road. The Township Manager stated that he represented the three affected municipalities (Warwick, Clay and Ephrata Townships) at the County Planning meeting regarding the vacating of Carpenter Road. He explained that the property owners were advised of the process, although a time frame was not confirmed. He stated consideration could be given to improvements to the intersection of Clay Road and Lincoln Road, but all of the affected municipalities would have to agree to the improvements.

The Township Manager followed-up with the proposed plan for the Hazlett property. He explained that the property is zoned Rural Estate, which requires one-acre lots. The proposed properties would be served by on-site wells, and the property would need to provide adequate testing to ensure there is a potable water supply to serve 4-5 lots during dry conditions. He anticipated that the Sketch Plan would be presented to the Board at their December meeting. The access to the lots would need to cross a small tributary to the Hammer Creek, and whether or not 1 or 2 driveways would be provided would be discussed during the Sketch Plan stage.

Gerald Pfautz, 83 North Heck Road, stated that at a recent court hearing, the Township Manager confirmed that 500' of North Heck Road had been vacated. He inquired whether the Township intends to vacate the remaining 500' of the roadway. The Township Manager stated there is not an additional 500' of the roadway that is owned by the Township. Pfautz explained that he has a letter from Matt Knepper of the Lancaster County Agricultural Preserve Board that states that the farm was given preferential treatment during the preservation process in 2001 due to this additional roadway length.

The Township Manager explained that June Mengle was the Director of the Lancaster County Agricultural Preserve Board in 2001, and not Matt Knepper. Pfautz stated that he will attend the December meeting of the preserve board to further discuss the issue. The Township Manager noted that he was subpoenaed to appear at the court hearing. Pfautz stated that he discussed the issue with a historian who confirmed that the additional 500' of roadway was owned by the Township prior to its vacating of the initial section of the roadway. The Township Manager stated that PennDOT provided liquid fuels funds for the roadway for over 20 years, and this funding was based on the Township owning only 500' of the roadway.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:40 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager