WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law

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1 Associates WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law 126 EAST KING STREET JOSEPH P. RUANE SHIPPENSBURG, PENNSYLVANIA RICHARD L. WEJIBER, JR. TELEPHONE (717) Of Counsel FAX (717) MARK W. ALLSHOUSE January24, 2018 VIA AND U.S. MAIL Cumberland County Planning Commission and Department 310Allen Road, Suite 101 Carlisle, PA VIA AI ID U.S. MAIL Southampton Township Planning Committee 200 Airport Road Shippensburg, PA RE: Southampton Township Proposed Ordinance (Zoning Ordinance Amendment Rezoning from Village Center to Agricultural) Dear Ladies and Gentlemen: As you are aware, I am the Solicitor for Southampton Township, Cumberland County, Pennsylvania. On January 17, 2018, I forwarded to you a letter, proposed Zoning Ordinance , Summary Notice, and a Map. If adopted, the Ordinance would rezone certain of real estate from the Village Center zoning district to the Agricultural zoning district. The Supervisors elected to add a tract of real estate to the proposed Ordinance, identified as tract FF. The property is owned by Gary L. and Cathy A. Cassatt, Jr. It is known as 40 Fish Hatchery Road, Shippensburg, PA I have therefore enclosed a draft of pages 35, 36 and 37 of proposed Ordinance No In addition, I have enclosed a revised advertising Notice, for your convenience, which provides a summary of all of the affected properties. As I previously indicated, a hearing is scheduled for Wednesday, February 21, 2018 at 1:00 P.M. at the Southampton Township Building, 200 Airport Road, Shippensburg, PA

2 Cumberland County Planning Commission and Dept. Southampton Township Planning Committee January24, 2018 Page -2- Thank you for your attention to this matter. questions. Please feel free to contact me if you have any Sincerely, Weigl Associates, P.C. RLW:rrw Enclosures Richard L. Webber, Jr., Esquire Cc: Thomas L. Ginnick, Secretary for Southampton Township Greg Lebo, Engineer for Southathpton Township Jerry L..Swope, Zoning Officer for Southampton Township

3 NOTICE NOTICE IS HEREBY GIVEN by the Supervisors of Southampion Township, Cumberland County, Pennsylvania, that it will conduct a public hearing on Wednesday, February 21, 2018, at 1:00 o clock p.m. prevailing time regarding the matter described below. The hearing will be held at the Southampton Township Municipal Building, 200 Airport Road, Shippensburg, Pennsylvania In addition, the Board of Supervisors will consider for adoption and may vote on the adoption of the following Ordinance at a meeting on Monday, February 26, 2018 at 7:00 p.m. at the same location listed above. Due to the length of the Ordinance, the entire text is not set forth herein. summary of the principal provisions thereof is as follows: A ORDINANCE NO AN ORDINANCE OF THE BOARD OF SUPERVISORS OF SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVAMA AMENDING SECTION 3.02 OF THE SOUTHAMPTON TOWNSHIP ZONING ORDINANCE DATED DECEMBER 10, 2007 AND THE RELATED ZONING MAP, BY AMENDING THE ZONING CLASSIFICATION FOR CERTAIN TRACTS OR REAL ESTATE LOCATED IN THE TOWNSHIP, SAID CLASSIFICATION TO CHANGE FROM THE VILLAGE CENTER ZONING DISTRICT TO THE AGRICULTURAL ZONING DISTRICT. If enacted, the Ordinance would amend the Southampton Township Zoning Ordinance dated December 10, 2007 and the related Zoning Map by designating the following tract of real estate located in Southampton Township, Cumberland County, Pennsylvania, previously designated as the Village Center zoning district, to be in the Agricultural District zoning district classification, and subject to all relevant provisions of the Ordinance regarding the Agricultural Zoning Classification and all other zoning ordinances provisions: Owner Parcel Address Acreage A.. Wenger, LesterM Hale Road & Lori L. Sbippensburg, PA B. Wenger, LesterM Gephart Road & Lori L. Shippensburg, PA C. Wenger, Lester M Newburg Road & Lori L. Shippensburg, PA D. Zimmerman, Norman Peiper Road R. & Vera R. Shippensburg, PA 17257

4 E. Nolt,TitusB. &InaG l020baltimoreroad Burkholder, Ethan G. & Anita W. Shippensburg, PA Zimmerman, Glenn B. & Beulah G. and Zimmerman, Nelson B. & Orpha G. F. Wadel, Rick L Baltimore Road & Arlin D. Shippensburg, PA G. Stayer, James H., III Kline Road & Kenneth R. Stayer Shippensburg, PA H. Stayer, James H., III Kline Road 3.8R & Stacy R. Shippensburg, PA I. Hoch, PaulE Walnut Bottom Road & Harry G. Hoch Shippensburg, PA J. Fink, Rodney Gale & Kline Road 0.74 Jennifer R. Shippensburg, PA K. Oberholtzer. Alvin M Kline Road 7.11 & Martha M. Shippensburg, PA L. Reeder, RoyG Kline Road 3.92 Shippensburg, PA M. Fink, Robert L Kline Road 0.77 & Mary Ann Shippensburg, PA N. Fink, Robert L Kline Road 4.57 & Mary Ann Shippensburg, PA Brandt, MarkE Fish Hatchery Road & Linda G. Shippensburg, PA P. Jackson, Thomas W Middle Spring Road & Linda G. Shippensburg, PA Q. Mary Jane Taylor Middle Spring Road 3.86, Shippensburg, PA R. Taylor, Patrick Aaron Newburg Road 3.75 & Kimberly Sue Shippensburg, PA 17257

5 S. Blount, Thomas E Middle Spring Road & Patricia M. Shippensburg, PA T. Mellinger, RayM Middle Spring Road & Mary B. Shippensburg, PA (the portion within Cumberland County) U. Weaver, Burnell R Gilbert Road & Lucinda B. Shippensburg, PA V. Weir, David & Mary Fish Hatchery Road Shippensburg, PA (the portion within Cumberland County) W. Bender, Randal S.& OO1B 110 Fish Hatchery Road 2.60 Debra K. Shippensburg, PA X. Moore, DanetteD Newburg Road 2.33 and Fish Hatchery Road Shippensburg, PA Y. Rebecca C. Campbell Newburg Road 3.22 Shippensburg, PA Z. Zeigler, JefTheyR Fish Hatchery Road 1.55 & Dorothy E. Shippensburg, PA AA. Weaver, James M Fish Hatchery Road 4.43 & Susan H. Shippensburg, PA BB. Brandt, Mark E Fish Hatchery Road 2.00 & Linda G. Shippensburg, PA CC. Bender, Kenneth L Fish Hatchery Road 5.50 & Joyce B. Shippensburg, PA DD. Dolbin, StevenM S0FishHatcheryRoad 2.54 & Robin A. Shippensburg, PA EE. Martin, Chris A OO1A 100 Fish Hatchery Road 1.79 Shippensburg, PA FF. Cassatt, Jr., Gary L A 40 Fish Hatchery Road 0.96 & Cathy A. Shippensburg, PA 17257

6 NOTICE IF FURTHER GIVEN that a copy of the proposed Ordinance is available for examination without charge at the Southampton Township Municipal Building, 200 Airport Road, Shippensburg, Pennsylvania In addition, a copy has been filed with the newspaper publishing this Notice.

7 BEGINNING at a point of land now or formerly of William E. Reeder and Harry S. Swartz; thence North 40 degrees, East 342 feet to the center of public road leading to village of Middle Spring, PA; thence by the same public road South 27 degrees, East 213 feet to a spike in center of said road; thence South 87 ½ degrees, East 84 feet to a stake; thence south 23 ½ degrees across the said public road, West 233 feet to a post at side of said road and land now or formerly of William E. Reeder; thence by the said land now or formerly of William E. Reeder, North 65 degrees, West 344 feet to place of BEGINNING. CONTAINING 1 and 79/1 00 acres. BEING the same real estate that Martha J. Spear and Paul J. Swartz, Co-Executors of the Last Will and Testament of Frances E. Swartz, by deed dated May 25, 1994, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book 106, Page 8, granted and conveyed to Chris A. Martin. BEING Tax Parcel # OO1A TRACT FF ALL THAT CERTAIN tract or parcel of real estate, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a set iron pin in a fence, at corner common to this Lot and to Lot #2 on plan entitled Subdivision Plan for Donald G. and Mary H. Means, prepared by John R. Kissinger, R.S., under date of September 23, 1988, and being of record in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, at Plan Book Volume 59, Page 53; thence along said Tract #2, North 13 degrees 13 minutes 16 seconds East, feet to a set railroad spike at corner common to this Tract and to said Tract #2, in the right-of-way oft-3i0; thence in said right-of-way South 84 degrees 56 minutes 39 seconds East, feet to a point in said rightof-way; thence continuing in said right-of-way, on a curve to the right, having a chord bearing of South 74 degrees 52 minutes 03 seconds East, an arc distance of feet, to a point in said right-of-way; thence continuing in said right-of-way, on a curve to the right, having a chord bearing of South 58 degrees 57 minutes 56 seconds East, an arc distance of feet, to an existing railroad spike in said right-of-way; thence continuing in said right-of-way on a curve to the right, having a chord bearing of South 31 degrees 11 minutes 48 seconds East, an arc distance of feet, to another existing railroad spike; thence South 15 degrees 57 minutes 48 seconds East, through said right-of-way and proceeding off the same, feet, to an iron pin at a post; thence along lands now or formerly of Robert A. Strohm, North 82 degrees 10 minutes 03 seconds West, feet, to an iron pin at a post; thence continuing along said Strohm lands, South 68 degrees 10 minutes 07 seconds West, feet, to an iron pin at a post; thence continuing along said Strohm lands, South 01 degree 36 minutes 31 seconds West, feet, to an iron pin at a post; thence continuing along said Strohm lands, South 81 degrees 38 minutes 47 seconds West, feet to the set iron pin at the point and place of BEGINNING. 35

8 CONTAINING acres, more or less, with a right-of-way area of acres, more or less, and a net area of acres, more or less, and being intended to be and to include all of Lot #1 on the aforesaid Plan of Subdivision. IT is mentioned on the aforesaid Plan of Subdivision, that Lot #1, above described, obtains its water from an existing springhouse on property now or formerly of Robert A. Strohm, but Lot #1, above described, no longer obtains its water ~om said springhouse. BEING the same real estate which Deimis D. Colman and Christine M. Colman, husband and wife, by~their deed dated June 29, 2000 and recorded in the office of the Recorder of Deeds of Cumberland County at Deed Book 224, Page 919, granted and conveyed unto Gary L. Cassett, Jr. and Cathy A. Cassett, husband and wife. SECTION 3: The Southampton Township Zoning Map approved and adopted December 10, 2007 is hereby amended in accordance with Section 2 above. SECTION 4: In all other respects, the Southampton Township Zoning Ordinance dated December 10, 2007, as amended, shall remain in fill force and effect except as amended herein, and the same is incorporated by reference herein as though set forth in iuill. SECTION 5: In the event that any provision, section, sentence, clause, or portion of this Ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or portion of this Ordinance, it being the intent that such remainder shall be and shall remain in flill force and effect. 36

9 DULY ENACTED AND ORDAINED this day of 2018, by the Board of Supervisors of Southampton Township, Pennsylvania, in lawthl session duly assembled. SOUTHAMPTON TOWNSHIP BOARD OF SUPERVISORS CUMBERLAND COUNTY, PENNSYLVANIA By: Thomas L. Ginnick, Chairman of the Board of Supervisors Charles L. O Donnell, Vice-Chairman of the Board of Supervisors ATTEST: Scott Mack, Supervisor Thomas L. Ginnick, Secretary 37

10 CERTIFICATE I, the undersigned, Secretary of Southampton Township, Cumberland County, Pennsylvania (the Township ), certify that the foregoing is a true and correct copy of an Ordinance of the Supervisors of the Township which was duly enacted by affirmative vote of a majority of the members of the Supervisors of the Township at a meeting duly held on 2018; that said Ordinance has been duly recorded in the Ordinance Book of the Township; that a summary of said Ordinance was duly published on and as required by law in a newspaper of general circulation in the Township; and that said Ordinance remains in effect, without substantial amendments, as of the date of this Certificate. I further certify that the meeting at which the Township adopted said Ordinance was a public meeting duly held afier giving public notice of the date, time and place of such meeting by posting, publishing and mailing such notice at the time and in the manner required by Act No. 84 of the General Assembly of the Commonwealth of Pennsylvania, approved July 3, 1986, as amended, known as the Sunshine Act. IN WITNESS WHEREOF, I set my hand and affix the official seal of the Township, this dayof,2018. Thomas L. Ginnick, Secretary (SEAL) 38

11 Southampton Township Re-Zoning - Middle Spring Properties Zoning Map From Village Center to Agricultural Conservation MIDDLE SPRING RD ROGER AVE DILLER DR SUMMIT DR B A VILLAGE CENTER ZONE NEWBURG RD HILLTOP DR MUD LEVEL RD FISH HATCHERY RD AGRICULTURAL CONSERVATION ZONE A FOGELSONGER RD Franklin County 0.15 Miles Legend Proposed Rezoning Zoning Southampton Township Agricultural/Conservation - AC Commercial - C Commercial/Manufacturing - CM Village Center - VC Woodlands Conservation - WC

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