Acting Chairman Gary Lefever convened the January 12, 2011 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 and Thomas Matteson. Also present were Township Zoning Officer Thomas Zorbaugh, Court Reporter Jamie Hackman, Bonita Hughes, Kimberly Nolan, Jim Bushong, James Henke, Mike Rettew and Dawn Rettew.

MINUTES APPROVAL: On a motion by Goldman, seconded by Lefever, the Board voted unanimously to approve the minutes of the December 8, 2010 meeting as submitted. St. Clair and Matteson abstained from action on the minutes since they were not present at the meeting.

ELECTION OF OFFICERS FOR 2011: The Acting Chairman opened the nominations for Chairman and Vice-Chairman of the Zoning Hearing Board. On a motion by Goldman, seconded by St. Clair, the Board voted unanimously to close the nominations and re-elected Gary Lefever as Chairman of the Zoning Hearing Board. On a motion by Lefever, seconded by St. Clair, the Board voted unanimously to close the nominations and re-elected Scott Goldman as Vice-chairman of the Zoning Hearing Board.

Chairman Gary Lefever conducted the remainder of the Zoning Hearing Board meeting.

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 Officer explained the procedure to be followed for the evening's hearings.

The Zoning Officer inquired whether the Applicants object to the Zoning Hearing Board alternate member, Tom Matteson, rendering a decision on their respective cases. Neither Applicant indicated their objection to Matteson hearing and rendering a decision on their respective cases.

CASE #752, GARDELL LLC - SPECIAL EXCEPTION/VARIANCE: The Chairman read the zoning notice for the application from GARDELL, LLC, Michael Garman, 471 N. Reading Road, Ephrata, PA 17522. The Applicant is the owner of the tract of land located on the north side of Stony Lane, tax account #6005714100000. The Applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 340-22.F.(1), pertaining to the placement of two driveways through a floodplain zone in a Rural Estate zoning district. The Applicant would like to develop this tract into 5 residential lots. The Applicant is also seeking a Special Exception of Section 340-22.F.(3).(a) to install a storm drain in the floodplain, a Variance of Section 340-22.H.(1).(a) to allow a slight increase in the floodplain elevation, and a Variance of Section 340-128.A.12 to allow an additional six months to obtain permits.

James Henke, representing Pioneer Management, was sworn in. Henke explained that the site contains approximately 7 acres of Rural Estate zoned land, which is located on the north side of Stony Lane. The plan proposes 5 single family lots. Lots 1, 3, and 4 are proposed flag lots with an access of a minimum 25' width, and less than 300' length. Lots 1 and 2 are proposed to be accessed by a common driveway, and lots 3, 4 and 5 are proposed to share a driveway. He noted that the driveways will be accessed via Stony Lane. Henke added that the lots will be served by onsite sewer and onsite water. He stated that the site is bisected by an unnamed tributary to the Hammer Creek. He explained that a wetland study was performed, which indicated that there are no wetlands located on the site. He noted that the proposal will require the necessary permits for the driveways to cross the existing stream on the property.

Henke stated that a Special Exception of 340.22.F.(1) is requested to allow two driveways to be located within a floodplain zone. He stated that a floodplain study was completed for the project which indicates that the floodplain boundary remains within the stream channel and does not flow outside of this area. He added that the proposed driveways will be paved with bituminous paving and will include a 48" storm pipe beneath to provide unimpeded flows within the existing channel. He explained that a Special Exception for Section 340-22.F.(3).(a) is requested to allow the storm sewer to be located beneath both proposed driveways within the floodplain zone. A Variance of Section 340–22.H.(1).(a) is requested to allow the existing 100-year floodplain elevation to increase due to the placement of two proposed shared driveways and their associated storm sewers within the floodplain zone. Both the north and south sides of the existing tract slope towards the center and into the existing watercourse. Due to these existing slopes and steepness of the existing channel’s banks, the proposed driveways must be placed on fill material to provide an adequate crossing of the channel. This fill material displaces a small volume of the existing floodplain as does placing a culvert in the stream channel. Thus, the 100-year floodplain elevation is slightly raised from the existing conditions in the immediate vicinity of the storm sewers. Henke stated that a Variance of section 340-128.A.12 is requested to allow the zoning permit to be valid an additional 180-days after the one year expiration date of issuance of the permit. He explained that this additional time would allow the Applicant to prepare the necessary Subdivision and Land Development plans, obtain all agency approvals, and proceed through the Township’s approval process for the plans.

The Zoning Officer explained that the Township Engineer reviewed the floodplain study for the project and is agreeable to the study as submitted. He submitted a copy of the Township Engineer’s comment letter regarding the study into the record for the public hearing.

Henke stated that a 35' wide riparian buffer easement will be provided on each side of the existing stream. Matteson inquired who will be responsible for maintenance of the storm pipes. Henke explained that a maintenance agreement will be provided to advise the affected property owners of their maintenance responsibilities.

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

James Bushong, 504 Lincoln Road, explained that his property adjoins the tract to the west. He requested to become a party to the case. On a motion by Lefever, seconded by Goldman, the Board voted unanimously to grant party status to Bushong. Bushong noted that he lives upstream from the property.

On a motion by Lefever, seconded by Goldman, the Board voted unanimously to grant a Special Exception under Section 340-22.F.(1) to allow two driveways within the floodplain zone, to grant a Special Exception under Section 340-22.F.(3).(a) to install a storm pipe in the floodplain, to grant a Variance under Section 340-22.H.(1).(a) to allow a slight increase in the floodplain elevation, and to grant a Variance of Section 340-128.A.12 to allow an additional six months to obtain permits.

CASE #753, MIKE AND DAWN RETTEW - SPECIAL EXCEPTION/VARIANCE: The Chairman read the zoning notice for the application from Mike & Dawn Rettew, P.O. Box 134, Elm, PA 17521. The Applicant is the owner of the property located at 833 Rothsville Road, located in the Agricultural zoning district. The Applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 340-113 for a Substitution of a Nonconforming Use, and Section 340-112 for an Expansion & Alteration of a Nonconforming Use. The Applicant would like to swap uses from the main level to the first level and from the first level to the main level in the existing barn. The Applicant would like to completely operate his business from the main level and will need relief to allow the expansion. The Applicant is requesting a Variance of Section 340-112.A.(2) to allow the expansion to exceed 50%.

Mike Rettew was sworn in. The Zoning Officer explained that the property contains a barn. He indicated the location of the property for the benefit of the Board. Rettew stated that the previous owner operated his business in the lower level, and had storage in the upper level of the barn. He stated that he would like to operate his business from the upper level of the barn, and provide storage in the lower level. He noted that the business is currently being operated from the barn, and he is present this evening since the business is larger than the previous owner’s business. He explained that the previous owner had 4 trucks and 3 trailers, and he has 9 trucks and 9 trailers. He stated that they currently park vehicles near the entrance to the site; however, he plans on relocating the employees parking area to the stone area on the lower portion of the property. He noted that they are planning to construct a 14' wide paved driveway leading from the barn. He added that this area is currently a dirt surface. He explained that the driveway would contain approximately 280 square feet, with a 660 square feet stone parking area. He stated that they have 5 full-time and 8 part-time employees, and noted that the previous business had 5 employees. He noted that there is a floodplain on the property, which limits his ability to store equipment elsewhere on the property. He stated that they could plant arborvitae to screen the trucks from the roadway. He stated that the provide snow plowing, and during winter weather, a truck would be parked near the barn due to the steep slope of the driveway.

Rettew explained that the previous business had an 18" x 24" sign in the window of the barn, and he would like to install a 3' x 5' sign on the barn for deliveries. He stated that Red Maple Landscaping currently leases space in the basement of the barn, and he would like to continue to rent to them to store their equipment. A Board member inquired what has been the history of the use of property. The Zoning Officer explained that Red Maple has been leasing the building since the previous owner had his business.

Bonita Hughes, 841 Rothsville Road, was sworn in. She stated that she has owned her home for 10 years. She stated that Red Maple Landscaping has been leasing the property for 5-6 years. She explained that the business was owned by 2 individuals, and they parked on the lower portion of the property and they stored their equipment inside the barn. She noted that they had 2-3 trailers stored in the lower parking area. In addition, the previous property owner (Meade), stored some equipment on the property.

The Chairman expressed concern that the use as requested this evening is different than the advertised hearing. He added that the hearing notice indicated that the Applicant wishes to swap uses; and the information this evening is for two businesses and a larger sign. The Zoning Officer explained that the use would be permitted to have a sign. He added that the use has been nonconforming for several years. He explained that Rettew’s business is landscaping in nature, as was the previous use. He noted that Rettew’s business is larger than the previous business. Rettew stated that if the Board finds that the second business is not permitted, he would eliminate the use. A Board member inquired what expansion will exceed 50%. The Zoning Officer stated that the building contains 14,000 square feet, with a proposed increase of approximately 900 square feet for the parking area and driveway. Rettew clarified that Red Maple has 5 employees with an extra 2-4 individuals that assist as needed with snow plowing, etc. He explained that he currently has 5 employees and 8-9 part-time individuals. He added that the part-time employees meet at the job site and not at this location. He stated that Red Maple has 4 trucks and 3 trailers stored on the site. Rettew’s business currently has 9 vehicles (2 vans and 7 trucks) and 9 trailers. Rettew stated that they have extra equipment stored on the site, and on average, 4 trucks and trailers would leave the site daily. He explained that there would not be an individual at the site full-time; however, he or his father might work on a vehicle for an hour or more during the day.

The Zoning Officer stated that the size of the sign would be based on the Board’s determination of the use of the property. If the Board deems that the use is commercial in nature, the 3' x 5' sign proposed by the Applicant meets the permitted size regulations. He explained that the previous property owner used the building for storage and Red Maple leased a portion of the building for storage and minor repairs. He noted that the property is zoned Agricultural; however, the use is not agricultural. Hughes stated that as a homeowner, she is concerned over the appearance of the property. In addition, the building has no restrooms and she has observed individuals urinating behind the barn. She added that she would be agreeable if the vehicles were parked in the lower parking area. Rettew stated that he rented a portable toilet that is located inside the barn, and there should not be further problems. Rettew added that he will ensure that the aesthetics of the property are maintained.

The Board recessed into an Executive Session to discuss the case. The Chairman reconvened the meeting. He stated that the Board will continue the meeting until next month in order to provide sufficient time for the Applicant to provide additional details on the business operation. He stated that the business can operate in the interim but must comply with the Township’s current standards and ensure the property is maintained. On a motion by Lefever, seconded by Goldman, the Board voted unanimously to continue the hearing to February 9, 2011 contingent upon the property being adequately maintained.

REQUEST FOR EXTENSION OF TIME FOR SHOPPES AT KISSEL VILLAGE - NORTH EXPANSION: 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 April 13, 2011 to obtain the required permits from the various review agencies that are involved in the approval process for this project.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 7:34 p.m.

Respectfully submitted,

Thomas Zorbaugh
Code and Zoning Officer