MINUTES OF THE HANOVER BOROUGH ZONING HEARING BOARD MEETING January 15,2018 The meeting of the Hanover Borough Zoning Hearing Board convened at 7:00 PM Monday Evening, in the Hanover Municipal Building, 44 Frederick Street, Hanover, Pennsylvania, as advertised. Attendance: In attendance were Zoning Hearing Board Members Bond, Hollinger, and Zartman; Solicitor Senft; Staff Members Manager Bowersox, Secretary Neiderer, Code Enforcement Officer Northcraft and Zoning Officer Rorrer; and Court Reporter Zepp. Reorganization: The first item of business was to reorganize for the new year. Secretary Neiderer asked for nominations for Chairman and Vice-Chairman of the Zoning Hearing Board for the year 2018. Mr. Bond nominated Mr. Hollinger for Chairman and Mr. Zartman for Vice-Chairman. There were no other nominations. The Board voted unanimously to elect Mr. Hollinger as Chairman and Mr. Zartman as Vice-Chairman. Approval of the Minutes: It was moved by Mr. Zartman, seconded by Mr. Bond to approve the minutes of the meeting held November 20,2017. Motion carried. 210 Broadway - Special Exception Application to Demolish Garage and Install Parking Lot: Secretary Neiderer read the Statement of the Secretary: "Application for a Special Exception submitted by Home Association of Hanover AMVETS Post No. 22 of206 Broadway, Hanover, PA. Applicant has purchased the property at 210 Broadway (parcel No. 67-000-18-0157-00-00000). Applicant is requesting under the Hanover Borough Zoning Ordinance a special exception to Article XVI, Section 140-105, and Article XXIII, Section 140-135, to demolish the existing garage to the rear of the present house and change the rear of the property to a parking lot use. The property located at 210 Broadway is in the 0-A Residential District (Office and Apartments). A public hearing was scheduled for Monday, at 7:00PM and was properly advertised on January 4th and 7th, 2018. Property owners within 200 feet of the subject property have also received notification by mail forwarded from this office on January 5, 2018. Proper posting of the property giving notification of hearing has been certified. Signed - Dorothy C. Neiderer, Secretary, Zoning Hearing Board." Attorney Stacey MacNeal of Katherman, Heim & Perry was present to represent the applicant, the AMVETS. Mr. Richard Wetzel, AMVETS president was present to give testimony on behalf
Pa e2 of the applicant; Mr. Gerald Funke, PLS with GHI Engineering was present as preparer of the plans for the project. Chairman Hollinger swore in all those wishing to testify this evening. Ms. MacNeal stated that this evening's hearing was outside of the time limitation regulation for the hearing, as the application was submitted on November 13, 2017. Solicitor Senft advised the Board to hold the hearing tonight as scheduled on the merits of the application. Ms. MacNeal submitted Exhibits labeled A1 to A6 to the Board showing photographs of the property; and Exhibit A7 which was the plan prepared by GHI. Mr. Wetzel testified about the activities of the AMVETS organization and its membership. They wish to demolish the existing garage at 210 Broadway to provide additional parking which could also be shared by the Market House on Saturday mornings. He explained the AMVETS is a 501(c)3 non-profit who continually donates funds to many local charitable organizations. Mr. Funke testified that there are currently thirty-seven (37) parking spaces on site; and the current parking configuration is unsafe. The new plan will provide twenty-two (22) additional parking spaces including two (2) handicapped spots and with a safer parking configuration. A fence will be placed adjacent the dentist's office parking lot. Ms. MacNeil asked the Board if there were any questions. There were none. Chairman Hollinger asked if there were any questions from citizens. There were none. Chairman Hollinger read Section 140-135B from the Zoning Ordinance regarding approval of a special exception: "1. The proposed change will not substantially injure or detract from the use of the neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 2. The use and the operation in connection with the proposed change would be in harmony with the orderly and appropriate development of the zone, giving consideration to: (a) (b) (c) Location of the use, including location with respect to the existing or future streets giving access to it. Nature and intensity of the operations involved. That adequate water, sewer, storm drainage, fire and police protection are or can be provided for the use.
Pa e3 (d) That the use will not create traffic congestion or cause commercial or industrial traffic that would jeopardize public safety. 3. The proposed change will serve the best interests of the Borough, the convenience of the community (where applicable), and the public welfare. The Zoning Hearing Board may attach such reasonable conditions and safeguards considered necessary to implement the purposes and objectives of this act, to protect the public welfare and the Comprehensive Plan." Hearing no further comment, it was moved by Mr. Bond, seconded by Mr. Zartman to approve the application for a Special Exception submitted by Home Association of Hanover AMVETS Post No. 22 of 206 Broadway, Hanover, PA to demolish the existing garage at 210 Broadway to the rear of the present house and change the rear of the property to a parking lot use, under the Hanover Borough Zoning Ordinance Article XVI, Section 140-105, and Article XXIII, Section 140-135located in and 0-A Office-Apartment District. Motion carried. 948 Broadway - Special Exception Application to Demolish Existing House and Construct a Boarding House: Secretary Neiderer read the Statement of the Secretary: "Application for a Special Exception submitted by Philip G. Redding owner of 948 Broadway (Parcel ID 67-000-14-0013-00-00000), Hanover Borough, Hanover, PA. Applicant is requesting to demolition the existing structure and replace with a new structure to house nine (9) boarding rooms and a primary residence. Applicant is requesting under the Hanover Borough Zoning Ordinance a special exception to Article VI, Section 140-51 C. (1), for permission to have a boarding house with nine (9) guest rooms in addition to a primary residence. The property located at 948 Broadway is in the R-5 Residential District (One and Two-Family Dwelling). A public hearing was scheduled for Monday, at 7:00PM and was properly advertised on January 4th and 7th, 2018. Property owners within 200 feet of the subject property have also received notification by mail forwarded from this office on January 5, 2018. Proper posting of the property giving notification of hearing has been certified. Signed Dorothy C. Neiderer, Secretary, Zoning Hearing Board." All those intending to give testimony were sworn in by Chairman Hollinger. Attorney Paul Minnick was present on behalf of the applicant and owner of 948 Broadway, Mr. Philip Redding who resides at 230 Stock Street, Hanover, PA. Mr. Minnick asked to
Pa e4 approach the Board to discuss the proposed site plan that was submitted with the application. The applicant intends to combine Tract 1 and Tract 2 by reverse subdivision and will have ninety (90') feet of frontage on Broadway with a total lot depth of one hundred eighty (180'). Each of the nine (9) guest rooms will have a private bath, kitchenette, and bedroom furnishings and in addition there will be a primary residence for the manager of the property. Mr. Redding also owns Peach Tree Terrace to the rear of the property and feels it would complement this use. There would be one (1) year leases of $700 to $725. Attorney Minnick read the criteria from Section 140-135B of the Hanover Borough Zoning Ordinance: "1. The proposed change will not substantially injure or detract from the use of the neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 2. The use and the operation in connection with the proposed change would be in harmony with the orderly and appropriate development of the zone, giving consideration to: (a) (b) (c) (d) Location of the use, including location with respect to the existing or future streets giving access to it. Nature and intensity of the operations involved. That adequate water, sewer, storm drainage, fire and police protection are or can be provided for the use. That the use will not create traffic congestion or cause commercial or industrial traffic that would jeopardize public safety. 3. The proposed change will serve the best interests of the Borough, the convenience of the community (where applicable), and the public welfare. The Zoning Hearing Board may attach such reasonable conditions and safeguards considered necessary to implement the purposes and objectives of this act, to protect the public welfare and the Comprehensive Plan." Mr. Minnick asked the Board for questions. There was discussion among the Board members and Solicitor Senft regarding the difference between an efficiency unit, an apartment house and a boarding house. Apartment houses are not permitted in the R-5 district. Apartment houses do not have a" shared" family or common room. The proposed use is not considered a hotel because it will have less than ten (10) rooms. The proposed use will have nine (9) guest rooms and a common area or family room for all guests. Mr. Rorrer noted a Boarding House does not have a unit size requirement. The
January 15,2018 Pa e5 intended use does not meet the definition of an efficiency unit because the units are 275 SF which is smaller than the required 300 SF; and an efficiency unit must have a separate bedroom, which the proposed units do not have. The proposed use has a common area for all guests to utilize which corresponds with the boarding house use. Solicitor Senft pointed out that the key issue is to distinguish whether the proposed use is considered an apartment house or a boarding house. Chairman Hollinger asked for citizens to come forward with any questions or concerns: Mr. Ismael Mendoza, 958 Broadway: Mr. Mendoza wanted to know if a privacy fence would be installed between his residence and the proposed boarding house. Mr. Redding answered that he is open to install screenings or a fence. Ms. Judith Dipuppo, 935 Broadway: Ms. Dipuppo stated she is opposed to the application and noted the area is comprised of one and two family dwellings. She believes this is not an appropriate use and conflicts with the character of the neighborhood. Tim Williams, 949 Broadway: Mr. Williams asked if there is a need for this type of use in the neighborhood. Ms. Merle Feder, 173 Primrose Lane: Ms. Feder feels the proposed use will substantially detract from the neighborhood; and the definition of a boarding house does not limit the amount of tenants per room. The approval could set a precedent in the R-5 zone for this type of use in the future. Mr. Hollinger questioned the number of occupants allowed in a boarding house and would encourage the Board to stipulate the maximum of one person per guest room. Mr. Minnick stated the applicant would agree to the condition of one occupant per guest room in the lease. Ms. Deborah Mooradian, 34 Cornell Drive: Ms. Mooradian stated she owns property in the Borough. She asked why the proposed use cannot be considered a hotel, and the possibility of Section 8 housing, and questioned the parking requirements. Attorney Minnick stated the proposed use would not be considered Section 8 housing. Solicitor Senft and Zoning Officer Rorrer stated the boarding house use would require one parking place per room and two (2) for the primary residence or a total of eleven (11 ); the applicant has thirteen (13) total. A hotel is defined as having ten (10) or more guest rooms and the proposed use has only nine (9), so it does not meet the definition of a hotel. Mr. Redding added there are one (1) year leases for each guest; and he would be willing to state in the lease that guests are only allowed one vehicle per unit.
Pa e6 Mr. Scott Barnhart, 1500 Baltimore Street: Mr. Barnhart stated he believes this type of use is needed in the area, and would supply affordable rent to many people who could benefit from this type of use, such as elderly on a fixed income. Borough Manager Bowersox noted that section of Broadway has mainly single family homes in the neighborhood and was concerned if the proposed use would correspond with the general character of the neighborhood. This particular section of Broadway is situated in the Historical District. Zoning Officer Rorrer noted the commercial properties on Broadway are a non-conforming use. Peach Tree Terrace are efficiency units and not a boarding house use. Chairman reviewed the standards for approval of a special exception application for the Board: "1. The proposed change will not substantially injure or detract from the use of the neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 2. The use and the operation in connection with the proposed change would be in harmony with the orderly and appropriate development of the zone, giving consideration to: (a) (b) (c) (d) Location of the use, including location with respect to the existing or future streets giving access to it. Nature and intensity of the operations involved. That adequate water, sewer, storm drainage, fire and police protection are or can be provided for the use. That the use will not create traffic congestion or cause commercial or industrial traffic that would jeopardize public safety. 3. The proposed change will serve the best interests of the Borough, the convenience of the community (where applicable), and the public welfare. The Zoning Hearing Board may attach such reasonable conditions and safeguards considered necessary to implement the purposes and objectives of this act, to protect the public welfare and the Comprehensive Plan." Solicitor Senft asked the Board to consider if the proposed use meets these criteria. It was moved by Mr. Bond, seconded by Mr. Zartman to approve the application for a special exception submitted by Philip G. Redding, owner of 948 Broadway for demolition of the existing structure and construction of a boarding house with nine (9) boarding rooms and a
Pa e7 primary residence submitted under the Hanover Borough Zoning Ordinance Article VI, Section 140-51 C (1) in an R-5 Residential District under the following conditions: a.) The proposed boarding house use meets the standards of the Hanover Borough Zoning Ordinance for standards for approval of a special exception; b.) The proposed boarding house use is in compliance with the Comprehensive Plan; c.) The proposed boarding house use is in compliance with the Stormwater Regulations; d.) Lighting of the parking lot shall be downward directed; e.) Maximum of one tenant per guest room; f.) Maximum of one vehicle per guest room; g.) Installation of a six (6') foot fence or buffer between adjacent properties; h.) The proposed boarding use shall not adversely affect the character of the neighborhood. Mrs. Amy Redding, applicant's wife proposed the planting of Leland cypress trees as a natural barrier for a buffer between neighboring properties. The motion was unanimously approved by the Board by a vote of 3-0. Motion carried. Adjournment: There being no further business or comment, it was moved by Mr. Bond, seconded by Mr. Zartman to adjourn the meeting at 8:40PM. Motion carried. Respectfully submitted, E~d:.:<.~ry Zoning Hearing Board