Associates WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law 126 EAST KING STREET JOSEPH P. RUANE SHIPPENSBURG, PENNSYLVANIA 17257-1397 RICHARD L. WEJIBER, JR. TELEPHONE (717) 532-7388 Of Counsel FAX (717) 532-5289 MARK W. ALLSHOUSE January24, 2018 VIA E-MAIL AND U.S. MAIL Cumberland County Planning Commission and Department 310Allen Road, Suite 101 Carlisle, PA 17013 VIA E-MAIL AI ID U.S. MAIL Southampton Township Planning Committee 200 Airport Road Shippensburg, PA 17257 RE: Southampton Township Proposed Ordinance 2018-2 (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 2018-2, 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 17257. I have therefore enclosed a draft of pages 35, 36 and 37 of proposed Ordinance No. 2018-2. 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 17257.
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
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 17257. 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. 2018-2 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 2007-3 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. 39-11-0312-001 25 Hale Road 145.01 & Lori L. Sbippensburg, PA 17257 B. Wenger, LesterM. 39-11-0310-001 Gephart Road 36.73 & Lori L. Shippensburg, PA 17257 C. Wenger, Lester M. 39-11-0312-016 Newburg Road 44.86 & Lori L. Shippensburg, PA 17257 D. Zimmerman, Norman 39-14-0171-073 Peiper Road 56.72 R. & Vera R. Shippensburg, PA 17257
E. Nolt,TitusB. &InaG. 39-14-0169-037 l020baltimoreroad 51.90 Burkholder, Ethan G. & Anita W. Shippensburg, PA 17257 Zimmerman, Glenn B. & Beulah G. and Zimmerman, Nelson B. & Orpha G. F. Wadel, Rick L. 39-14-0169-160 Baltimore Road 58.99 & Arlin D. Shippensburg, PA 17257 G. Stayer, James H., III 39-12-0324-019 127 Kline Road 29.51 & Kenneth R. Stayer Shippensburg, PA 17257 H. Stayer, James H., III. 39-12-0324-025 125 Kline Road 3.8R & Stacy R. Shippensburg, PA 17257 I. Hoch, PaulE. 39-12-0324-012 665 Walnut Bottom Road 180.00 & Harry G. Hoch Shippensburg, PA 17257 J. Fink, Rodney Gale & 39-32-2285-035 117 Kline Road 0.74 Jennifer R. Shippensburg, PA 17257 K. Oberholtzer. Alvin M. 39-12-0324-007 107 Kline Road 7.11 & Martha M. Shippensburg, PA 17257 L. Reeder, RoyG. 39-12-0324-024 113 Kline Road 3.92 Shippensburg, PA 17257 M. Fink, Robert L. 39-32-2285-036 Kline Road 0.77 & Mary Ann Shippensburg, PA 17257 N. Fink, Robert L. 39-32-2285-019 115 Kline Road 4.57 & Mary Ann Shippensburg, PA 17257 0. Brandt, MarkE. 39-12-0318-005 45 Fish Hatchery Road 40.90 & Linda G. Shippensburg, PA 17257 P. Jackson, Thomas W. 39-29-2566-018 210 Middle Spring Road 26.00 & Linda G. Shippensburg, PA 17257 Q. Mary Jane Taylor 39-11-0312-011 245 Middle Spring Road 3.86, Shippensburg, PA 17257 R. Taylor, Patrick Aaron 39-11-0312-021 1270 Newburg Road 3.75 & Kimberly Sue Shippensburg, PA 17257
S. Blount, Thomas E. 39-11-0312-010 235 Middle Spring Road 11.50 & Patricia M. Shippensburg, PA 17257 T. Mellinger, RayM. 39-11-0312-009 100 Middle Spring Road 53.27 & Mary B. Shippensburg, PA 17257 (the portion within Cumberland County) U. Weaver, Burnell R. 39-13-0104-113 9 Gilbert Road 32.48 & Lucinda B. Shippensburg, PA 17257 V. Weir, David & Mary 39-12-0318-002 52 Fish Hatchery Road 125.28 Shippensburg, PA 17257 (the portion within Cumberland County) W. Bender, Randal S.& 39-12-0318-OO1B 110 Fish Hatchery Road 2.60 Debra K. Shippensburg, PA 17257 X. Moore, DanetteD. 39-12-0318-006 700 Newburg Road 2.33 and Fish Hatchery Road Shippensburg, PA 17257 Y. Rebecca C. Campbell 39-12-0318-007 702 Newburg Road 3.22 Shippensburg, PA 17257 Z. Zeigler, JefTheyR. 39-12-0318-049 35 Fish Hatchery Road 1.55 & Dorothy E. Shippensburg, PA 17257 AA. Weaver, James M. 39-12-0318-003 22 Fish Hatchery Road 4.43 & Susan H. Shippensburg, PA 17257 BB. Brandt, Mark E. 39-12-0318-065 45 Fish Hatchery Road 2.00 & Linda G. Shippensburg, PA 17257 CC. Bender, Kenneth L. 39-12-0318-001 114 Fish Hatchery Road 5.50 & Joyce B. Shippensburg, PA 17257 DD. Dolbin, StevenM. 39-12-0318-004 S0FishHatcheryRoad 2.54 & Robin A. Shippensburg, PA 17257 EE. Martin, Chris A. 39-12-0318-OO1A 100 Fish Hatchery Road 1.79 Shippensburg, PA 17257 FF. Cassatt, Jr., Gary L. 39-12-031 8-004A 40 Fish Hatchery Road 0.96 & Cathy A. Shippensburg, PA 17257
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 17257. In addition, a copy has been filed with the newspaper publishing this Notice.
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 #39-12-0318-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, 220.29 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, 158.85 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 77.37 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 56.92 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 43.03 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, 39.38 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, 132.60 feet, to an iron pin at a post; thence continuing along said Strohm lands, South 68 degrees 10 minutes 07 seconds West, 134.82 feet, to an iron pin at a post; thence continuing along said Strohm lands, South 01 degree 36 minutes 31 seconds West, 31.54 feet, to an iron pin at a post; thence continuing along said Strohm lands, South 81 degrees 38 minutes 47 seconds West, 87.06 feet to the set iron pin at the point and place of BEGINNING. 35
CONTAINING 0.964 acres, more or less, with a right-of-way area of 0.193 acres, more or less, and a net area of 0.771 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
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
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
Southampton Township Re-Zoning - Middle Spring Properties Zoning Map From Village Center to Agricultural Conservation MIDDLE SPRING RD ROGER AVE DILLER DR SUMMIT DR 39-12-0318-001 39-12-0318-001B 39-12-0318-001A VILLAGE CENTER ZONE NEWBURG RD HILLTOP DR MUD LEVEL RD FISH HATCHERY RD 39-12-0318-007 AGRICULTURAL CONSERVATION ZONE 39-12-0318-002 39-12-0318-065 39-12-0318-006 39-12-0318-004A 39-12-0318-004 39-12-0318-049 39-12-0318-003 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