223  LOWER PAXTON TOWNSHIP BOARD OF SUPERVISORS Minutes oft the meeting held on July 9,2024  A meeting of the Lower Paxton Township Board of Supervisors was called to order at 7:03 p.m. by Chair Lindsey on the above date at the Lower Paxton Township Municipal Center,  2 3  425 Prince Street, Harrisburg, Pennsylvania.  Supervisors present, in addition to Mrs. Lindsey, were Chris Judd, Norman Zoumas, Paul W. Navarro, and Pamela Thompson. Also in attendance were Bradley Gotshall, Township Manager, Sam Miller, Assistant Township Manager/Finance Director, Amanda Zerbe, Director ofCommunity Development, and Michael Miller, Interim Township  Solicitor.  Pledge of Allegiance  Ms. Thompson led the Pledge of Allegiance.  Public Comment  There was none.  Chairman and Board Members' Comments  Mrs. Lindsey announced that the Lower Paxton Township Bureau of Police will host the National Night of] Public Safety at George Park on Tuesday, August 6, 2024, from 5:00 p.m. to  8:00 p.m.  Old Business  Action to Adopt Ordinance 2024-03; Approving A Request from S&A Homes For a Zoning Map Amendment for Tax Parce 35-067-098 (R1 to OSD) Mr. Lindsey turned the meeting over to Michael Miller, Attorney, Eckert  Seamans/Interim Township Solicitor.  1    224  Mr. Miller noted that the Public Hearing held on' Tuesday, June 18, 2024, was kept open until today, Tuesday, July 9, 2024, and public notice was provided that there would be al hearing  for Ordinance 2024-03 at this time and place.  Mr. Miller stated the property has been posted on June 26, 2024, and mailings were sent to neighbors on June 28, 2024. The issue that joined in Ordinance 24-03 is an amendment to Chapter 203 oft the Zoning Ordinance Section 303.8 to modify the Lower Paxton Township Zoning Map to rezone the parcel ofland R1 Low-Density Residential District to OSD Open Space Development Overlay District 24-03 and the Parcel identification number is 35-067-098. This parcel consists of 44 acres ofl land that adjoins the Institutional District to the west, the R3 High-Density District to the northwest, the R1 District to the immediate south, and the R1 District to the northeast and east of the parcel. After public comment, the Board may act ifit  wishes to do SO at this time.  Mr. Miller called Amanda Zerbe, asking ifthere was anything she'd like to add. Mrs.  Zerbe replied, "No."  Mr. Miller: noted that the issue before the Board is whether to rezone the parcel ofland. At the last public hearing, there were: many questions about traffic impact, and all were reasonable questions. Ifiti is, in fact, rezoned, a lot will be dealt with in the land development phase. He added that the Board will hear testimony about anything relevant but with caution or  understanding.  Mr. Miller opened Public Comment on Ordinance 2024-03, approving S&A Homes'  request for a Zoning Map Amendment for Tax Parcel 35-067-098, R1 to OSD.  Ambrose Heinz, Attorney at Stevens & Lee, was present to speak on behalfofthe  applicant, S&A Homes.  2    225  Mr. Heinz announced that he wanted to clarify some: issues raised at thel last Public Hearing. He noted that while this amendment is viewed as a Zoning Map change, the proposal is to apply the Open Space District Overlay to the property. The underlying zoning, including the  underlying uses allowed in the R1, is not being proposed to be changed.  Mr. Heinz noted that some questions were raised at thel last meeting related to what kind ofuses would bej permitted and that the nature of the use will remain the same as the underlying R1 District and the Open Space District Overlay. The development provisions specify that only Single Family (SF) Dwellings would be allowed. He added that this issue was one of the main questions at the last meeting. As Mr. Miller had explained, many oft the other questions brought up by the neighbors were primarily related to the details of development. Certainly, the process has just started, and they will be working through a lengthy land development process. They are willing to work with the neighbors and address their concerns as they come up during that    process.  Public Comment  Please see the attached transcripts.  Mr. Judd motioned to approve a Request from S&A Homes for a Zoning Map Amendment for Tax Parce 35-067-098 (R1 to OSD) Residential District (R1) to Open Space District (OSD). Mr. Zoumas seconded the motion. Mrs. Lindsey called forai roll call vote: Mr. Navarro, aye; Mr. Zoumas, aye; Mr. Judd, aye; Ms. Thompson, aye; Mrs. Lindsey, aye. The vote  was 5:5, and the Ordinance 2024-03 was unanimously approved.  Announcements  Mrs. Lindsey announced the next board meeting is scheduled for Tuesday, July 16, 2024,  at7 7:00 p.m.  3    226  Adjournment  Mr. Zoumas motioned to adjourn the meeting, and Mr. Navarro seconded the motion.  Mrs. Lindsey called for a voice vote, and the meeting adjourned at 7:35 p.m.  Respectfully submitted, aul RlL Shellie Smith Recording Secretary  Secretary.  4  4    227  LOWER PAXTON TOWNSHIP BOARD OF SUPERVISORS  IN RE:  ACTION TO ADOPT ORDINANCE 2024-03; APPROVING A REQUEST. MAP AMENDMENT FOR TAX PARCEL. 35-067-098 (R-1 TO OSD)  FROM S&A HOMES FOR A ZONING - DOCKET NO. 2024-03  3 2  TRANSCRIPT OF PROCEEDINGS BEFORE: ROBIN LINDSEY, CHAIRWOMAN  PAUL W. NAVARRO, SUPERVISOR CHRIS JUDD, SUPERVISOR PAMELA M. THOMPSON, SUPERVISOR MICHAEL M. MILLER, ESQUIRE, SOLICITOR BRADLEY N. GOTSHALL, TOWNSHIP MANAGER SAM MILLER, ASSISTANT TOWNSHIP MANAGER SHELLIE R. SMITH, RECORDING SECRETARY AMANDA ZERBE, ZONING OFFICER  DATE : JULY 9, 2024; 7:05 PM  PLACE : LOWER PAXTON MUNICIPAL BUILDING  425 PRINCE STREET HARRISBURG, PA 17109 NOTARY PUBLIC  BY  SUMMER A. MILLER, COURT REPORTER  APPEARANCES:  STEVENS & LEE BY: AMBROSE W. HEINZ, ESQUIRE 17 NORTH SECOND STREET 16TH FLOOR HARRISBURG, PA 17101 (717) 234-1090 FOR - APPLICANTS    228  2  TABLE OF CONTENTS EXHIBITS  BOARD EXHIBIT NUMBERS  PAGE  Exhibit 1 - Notice of hearing and proof of publication 3    229  3  1  THE CHAIRWOMAN: Next on the agenda, we have  2 old business. And this is action to adopt Ordinance 3 2024-03, approving a request from S&A Homes for a zoning 4 map amendment for Tax Parcel 35-067-098, R-1 to the OSD.  2 1 a  5 6 Miller. 7 8  I will be turning this over to Attorney Mike THE SOLICITOR: Thank you, Madam President. Madam President, there was a public hearing  9 on this matter on June 18th. That public hearing was kept 10 open for today. There was a public notice provided that 11 there would be a hearing for Ordinance 24-03.  12 14 16 17 18  At this time and place, I'm going to make  13 that notice part of the record.  And, Summer, I'1l ask you to put it as part  15 of the record as well.  (Board's Exhibit 1 marked for  identification.)  THE SOLICITOR: The property has been posted  19 on June 26, 2024. Mailings have been sent on June 28,  20 2024. 21  And the issue that's joined in Ordinance  22 2024-03 is an amendment to Chapter 203 of the zoning 23 ordinance, Section 303.A to modify the Lower Paxton 24 Township Zoning Map to rezone the parcel of land from R-1, 25 low-density residential district, to open space development    230  4  1 overlay district, 24-03. And the parcel is Parcel  2 Identification Number 35-067-098.  3  The parcel consists of 44.3 acres of land.  4 It adjoins the institutional district to the west, the R-3 5 high-density district to the northwest, the R-1 to the 6 immediate south, and the R-1 district to the northeast and  7 east of the parcel.  8  On the agenda for this evening, after the  9 public hearing after people have been heard, the Board may 10 take action if it wishes to take action at that time.  11  The first person I call on is Amanda Zerbe Ms. Zerbe, is there anything that you want  12 who is the zoning administrator.  13 15 16 17 you. 18  14 to add to this that I haven't covered?  MS. ZERBE: No, sir.  THE SOLICITOR: Succinct as usual. Thank Then at this time, I will open to public  19 comment. A couple points I want to make : the issue 20 before the Board, just sO we're clear, is whether or not to 21 rezone this parcel of land. There were a lot of questions 22 at the public hearing about traffic and about impact, and 23 all of those are reasonable questions a lot of which will 24 be dealt with in the land development phase if it is, in 25 fact, rezoned. And SO, we'1l take all the testimony about    231  5  1 anything that is relevant but just with that caution or  2 that understanding.  3 5 6  And so starting Yes, sir.  why don't we just start  N   4 completely randomly from the left and move over.  MR. HEINZ: I'm on behalf of the applicant.  7 Would it be proper for me to make a preliminary statement 8 that may clarify some questions that were raised at the  9 last hearing?  10  THE SOLICITOR: Why don't you make a  11 preliminary statement, identifying yourself again for the  12 record, and then we'1l take public comment.  13 14 15 16 S&A. 17  Sir, you're recognized.  MR. HEINZ: Thank you, Mr. Solicitor. Ambrose Heinz on behalf of the applicant,  I just wanted to clarify some things that  18 were raised at the last hearing. The first of which is 19 while this is proposed as a zoning map change, our view 20 and, you know, certainly the Township can confirm this, is 21 the proposal really here is to apply the overlay 22 district : or the open space overlay district overlay to 23 this property. The underlying zoning, including the 24 underlying uses that are allowed in the R-1, are not being 25 proposed to be changed as a result of this. There was some    232  6  1 question at the last meeting about what kind of uses would 2 be permitted. The nature of the uses allowed is going to 3 remain the same as the underlying R-1 district.  4  And also the open space overlay development  5 provisions specify that only single-family dwellings would 6 be allowed; sO it will be single-family lots. That was one 7 of the main questions that was raised at the last hearing. 9 other questions that were addressed or brought up by the 10 various neighbors, all legitimate, primarily related to 11 details of development and certainly this is the very start 12 of this process, and we're going to be working through what 13 we expect to be a lengthy land development process. And 14 we're more than willing to work with the neighbors and 15 address their concerns as they come up during that process.  8  And as the solicitor explained, a lot of the  16 18 19 20  So I just wanted to address those two points  17 at the outset and turn it back over to you.  Thank you, sir.  THE SOLICITOR: Thank you, Mr. Heinz. Starting from the left of the room : that's  21 my left : and starting from the front row next to 22 Mr. Hirsch, the lady next to Mr. Hirsch, anybody in that 23 row that has comments, please come to the mic one by one.  24 25  MR. HIRSCH: Should I go?  THE SOLICITOR: I think we're going left to    233  7  1 right, but, yeah, Mr. Hirsch, go ahead.  2 3 stand? 4  MR. HIRSCH: Go back up here again or just THE SOLICITOR: You have to be at the mic.  2 a  5 You have to identify yourself, as you did, sO we can get  6 that for the record.  7 8  MR. HIRSCH: I'm Howard Hirsch. Just a comment about where this area is  9 going. If you look at the west shore, we have people 10 moving in from the south and people moving in from the 11 north. We have people moving in from the west. The area 12 is getting a lot larger. You can see the development 13 that's going on in the west shore. And the development is 14 starting on the east shore : excuse me, it's nerves.  15  My point that I'm trying to make is the area  16 is going to get larger, and I think the R-2, even open 17 space, is a positive thing. It's not supposed to be for 18 personal gain, but I truly believe that the amount of 19 residents that are going to move into the area are going to 20 increase the tax base, which is going to increase 21 commercial business, which is going to increase the income 22 for the Township, which will take care of the road 23 situations and take care of the, you know, all the 24 downfalls that, people are bringing back.  25  Progress can't be stopped. And I think    234  8  1 personally, if you're against it, that's self-serving 2 because every township is growing. And sO my opinion is 3 that I'm in full favor of an R-2 change, even though it 4 will benefit me. I admit that, but I think it's the right  5 thing for the township.  6 7 8 10  That's all I wanted to stay. Thank you. THE SOLICITOR: Thank you, Mr. Hirsch. The gentleman next to Mr. Hirsch in the  9 black shirt. If SO, please go to the mic.  MR. LAWSON: My name is Ron Lawson. I own  11 the property at 4359 Linglestown Road. I received a notice 12 that the hearing tonight was about the rezoning of that  13 property, but that is not on the agenda.  14  Is it : has the agenda been changed, or is  15 this notice an error?  16 17  THE CHAIRWOMAN: Was that :  MS. ZERBE: That meeting is tomorrow tonight  18 at 7:00. 19 20 21 22 website. 23 24 25  AUDIENCE MEMBER: Planning commission. MR. LAWSON: It says "Tuesday." MS. ZERBE: Yes. That was moved on the  MR. LAWSON: Okay.  THE SOLICITOR: Thank you, Mr. Lawson. MR. LAWSON: And there's no notice that is    235  9  1 sent when you change a meeting?  2 4 5 6 8  MS. ZERBE: There was public notice on the  3 public site.  2 - 3 / 2  MR. LAWSON: On the website. Okay. Thank you.  MR. JAMES: My name is Terrence James. I My question is if this is changed to the  7 live at 5520 Union Deposit Road.  9 open space development and nothing has progressed in sO  10 long, will it change back to R-1?  11 13  THE SOLICITOR: Well, sir, it's public  12 comment, but let me stretch that to answer your question. 14 zoning map change to allow the overlay district to be  What the applicant is asking for is the : a  15 placed over this lot.  16  Is suppose it is possible that nothing  17 happens with it. In 10 years or something like that, 18 somebody could ask for additional zoning relief or 19 something like that, but we have to proceed under the 20 assumption that if somebody is asking for the relief, 21 they're going to use the relief to construct something, and  22 that's why they've given us a sketch plan.  23 25  MR. JAMES: Is the sketch plan the one that THE SOLICITOR: Yes. That's part of the  24 they're going to provide  or use?    236  10  1 packet, sir. Yep.  2 3 4 5  MR. JAMES: Okay. So it's... THE SOLICITOR: Thank you, sir.  Ma'am.  MS. POWLEY: I guess my only : well, I have THE SOLICITOR: Ma'am, if you would just MS. POWLEY: Oh, I'm sorry. I'm Carol  6 a couple of things. My first :  7 9 10 Powley. 11 12 13 Road. 14  8 identify yourself.  THE SOLICITOR: That's okay.  MS. POWLEY: I live at 5520 Union Deposit  And in your open space development, in your  15 very first paragraph it says, Providing" : I'm sorry 16 "Conserve forested areas that are important part of the 17 ecological cycle, provide for ground water recharge, air 18 pollution reduction, wildlife habitat, reduction of 19 construction costs and municipal maintenance cost."  20  And in the overlay that was shown on the  21 board, it does away with all of that. It takes everything 22 away that the OSD prescribes that it is not to do.  23  And the overlay that was shown up there  24 before at the prior meeting, a few years ago - I don't  25 remember how many  there was a different overlay showing    237  11  1 what they wanted to put in. It was only two loops. A loop 2 that went up to the right, a loop that went over to the 3 left. And I thought there was only 47 houses. I heard 4 somebody say 57 houses. So I'm not sure if they want to  2 1 a  5 increase it by 20 houses or 30 houses.  6  But the plan before this, that they came to  7 the Township with, they wanted to take it to 101 houses. 8 They wanted to put townhouses in, condos if you want to 9 call them - I don't know. But the plan keeps changing. 11 approved, then nothing is done for years. They don't go 12 back and then do what they ask for. Because at the last 13 meeting, where they asked to go to 101, they were told no, 14 they couldn't do that. They could build what they were 15 approved for in the R-1, which is the, you know, the 47 or  10  And whenever they come, they get something  16 the 57. 17  Nobody is trying to stop them from building,  18 period. We only want to keep it to something that makes 19 for everybody else that lives there still livable. So that 20 if it is 47 houses, fine. If it was the 57, fine. But 21 then every time they come back, they come and want more and 22 more and more and squeezing more traffic - I know you said  23 don't mention traffic.  24  THE SOLICITOR: I did say that. I was  25 trying to get some ground rules, but, ma'am, it's your    238  12  1 public comment.  2  MS. POWLEY: And it's going to still - I  3 know, don't put more pressure on the Township for 4 maintenance or roads. And if the roads are the same size 5 as they put down at Union Square, just look at the curves. 6 They're all marked up because the roads are not wide  7 enough. 8'  Ik know my husband doesn't want me to mention  9 this, but before S&A came in and they put the road back 10 between the property where you went on Union Deposit Road, 11 they come in with big guns, told us, "Oh, you're on our 12 property." They took our driveway. Well, if you look at 13 the sketches now, it shows they are on our property.  14  So I honestly do not personally trust S&A  15 Homes. I do not trust what they say. I don't trust what 16 they do. And, you know, I have a personal stake in this 17 because we own the property that is by that road. And we 18 have to go in and around the side and curve in now. And, 19 you know, you can't do that to people. You can't go in for 20 one thing and then say, "Oh, well, we can make more money 21 if we change it to this," and then they don't do it. 23 things that I had on my notes by what you said.  22 24  It thought I wasn't allowed to say some  THE SOLICITOR: Ma'am, it's your public  25 comment. Say whatever is appropriate, and we'll take your    239  13  1 comments. 2 3 4  MS. POWLEY: Okay.  I guess I said it all. That's my opinion. And I would hope that you do consider what  2 5  5 was approved for them in the past, the R-1, the number of 6 houses they were approved for before, and let them build 7 them. Nobody says, "No, you can't build back there. We 8 don't want you. That land had to stay bare." But don't  9 keep upping the number on us, please.  10 11 12 14 15  Thank you.  THE SOLICITOR: Thank you, ma'am. Mr. Heinz, in your row, is there anybody  13 that wants to make a public comment?  MR. HEINZ: No.  THE SOLICITOR: Okay. The gentleman in the  16 back in the orange shirt, would you like to make a public  17 comment? 18 19 20 21  (Shakes head.) (Shakes head.)  THE SOLICITOR: Okay. Ma'am? Sir?  THE SOLICITOR: Okay. One, two, three,  22 okay, going quickly.  23 25  Sir, with the glasses in the back row, if  24 you'd like to make a public comment, now is the time.  MR. AVERY: Yeah. Steve Avery, 5628 Union    240  14  1 Deposit Road, south side of the lot we're talking about.  2  Id don't know - I don't remember from the  3 last time or the time before that or the time before that 4 how many houses or units they wanted to put on this 5 property, but this is the third, maybe fourth time they've 6 come here to change the zoning. And like the lady before 7 me said, they still haven't built. So why? Are they 8 just : and with this overlay, does that allow them to 9 build whatever they want to build there once they get it? 11 because I haven't seen what the Township : haven't been 12 able to find what the Township allows to have in this type 13 of overlay. If they could go to low-dense : low-cost  10  You know, it's something that I'm not sure  14 housing or what.  15  And if they develop it, that's fine. But  16 they're taking a big swath of woods out and they're going 17 to leave open the space that never had woods on it before, 18 which is confusing. The open space is just a flat area 19 between the apartments and the school. And the woods that 20 are there are going to get cut down. It's confusing to me. 22 too, how they are allowed to do that. And I guess that's 23 really all : I'm just confused on why this keeps happening  21  And one entrance and exit is also confusing  24 and nothing gets done.  25  THE SOLICITOR: Thank you, Mr. Avery.    241  15  1 3 4 5 6 came in. 7 8 9 10 comment. 11 12 13 14 15  The woman next to Mr. Avery, the woman in  2 the very nice hat.  AUDIENCE MEMBER: Thank you. THE SOLICITOR: You're very welcome. The gentlemen, two individuals that just  2 5  Mr. Epstein :  MR. EPSTEIN: Absolutely.  THE SOLICITOR: - I'm sure you have a  MR. EPSTEIN: I have comments. THE SOLICITOR: Okay.  AUDIENCE MEMBER: I can't believe it. MR. EPSTEIN: It's a shocker, isn't it? Ialso have a visual. So I want to give a  16 history of where we were and where we're at. I don't know 17 how you want to present it. I provided everybody with a 18 history here. You know what, take this. You can get some  19 of them on eBay.  20 21 22 24  So I can leave it up sO anybody can see it. MR. EPSTEIN: Well, then you'11 have to  MS. POWLEY: No.  23 check it out. That's the best I can do.  Eric Epstein, 4100 Hillsdale Road. I'm here  25 tonight on behalf of Central Dauphin School District.    242  16  1  So I know there's been confusion. I've been  2 involved with the issue since the outset. And this began 3 in 2004 when we sold the parcel to S&A for $1.1 million. 4 It was 68.96 acres, and I think now they're talking about 5 maybe 44.3. But what I want to point out is the genesis of  6 how we got here.  7  So going back to 2013, the developer, which  8 was S&A, made a presentation of their revised plan for this 9 property housing development, and a bunch of neighbors were 10 there, a lot, in fact, were there. It's a 44-acre tract.  11  The property is zoned R-1 low-density  12 residential and the developer requested a zoning change to 13 R-2 medium-density residential, which would allow more  14 homes to be built on the tract.  15  The initial proposal would have allowed 77  16 townhomes and 44 single homes. It was rejected by the  17 Township. 18  The revised proposal S&A provided was for a  19 bit more houses but not as much, 102 houses. So we went 20 from 101 to 102. The initial zoning allowed for 49.  21  To make a long story short, S&A came back  22 and asked for 121, which we rejected. They bought it down 23 to 101. So now we're at 71. And I think the decision is  24 how we struck the proper balance.  25  Imean, as a school board member, I'm going    243  17  1 to ask for some stipulations tonight. But there is 2 48 percent open space. It's unusual : any project I've 3 been involved with, there's a minimum of 40 percent open 4 space, which includes Blue Ridge and Stray Winds. So we're 5 always, I think, cognizant of open space, park and  2 5  6 recreational space.  7  And if you look at the letter from the  8 planning commission, apparently their proposal dots all the 9 I's and crosses all the T's in terms of what, I think, 10 Mr. Hirsch was talking about, what division for our  11 community it is supposed to be.  12  In terms of ask, I guess : I don't know  13 what else to say : I mean, we have to be agnostic on this.  14 But we only heard about this earlier today.  15 17 18  So hopefully in the future you'll contact us  16 sooner, or I won't be as generous as I am tonight.  It's hard to get home with flat tires. So where are we? In terms of the school  19 district, when we did this issue before, there were a 20 number of issues that we hammered out that I'd like to  21 stipulate moving forward.  22  This land is contiguous to Central Dauphin  23 School District, and it's proximate to Central Dauphin 24 East. So we would like to have a barrier. We would prefer  25 a fence also with landscaping.    244  18  1  We do need a compliment in terms of a  2 buffer. I mean, I don't know what the plan is because this 3 is preliminary. So we would need a fence. We would need a 4 buffer. We would not oppose emergency access to the site.  5 7  As everybody knows, there's only one way in  6 and one way out. So that's a bit of a challenge.  Our concern has to do with a letter that was  8 written : hopefully I can find it : from the planning 9 commission. And in the letter it beseeches you to look : 10 it's the third paragraph : third to last paragraph on 11 page 2. I want to read it to you because it really caught 12 my eye, and I'm not sure what it means. And I think the 13 whole crux of the issue tonight spins off this' question 14 that was prepared by Robert Spandler. So he's from the  15 Dauphin County Planning Commission.  16  He said, "Finally, the Township should be  17 reminded that if rezoned as proposed, the property could be 18 developed with any of the permitted uses and provisions 19 allowed in the district. Even though the applicant has 20 suggested their preferred development on the site, once 21 rezoned, all permitted uses are possible. The applicant is 22 not obligated to develop the property as suggested through  23 their sketch plan.  24  Therefore, the Township should be  25 comfortable with any and all possibilities permitted in the    245  19  1 rezoning of this property if it decides to approve the 2 proposed amendment as well as the possibility of being  3 rezoned." 4  N a  So to me, what it says is you have - I read  5 the entire application, tracked down the planning regional 6 commission. I read Andrew Bomberger's narrative. I saw 7 what they proposed, but this to me is the rub - is how do  8 we secure 9 guarantee.  and I asked S&A if we could get some kind of  10  As Attorney Miller pointed out, we're  11 probably not at that phase, but I would feel a lot more 12 comfortable if the plan that is proposed is the plan that's  13 going to be built.  14  So we did share these concerns with S&A. I  15 don't what the response is going to be. Hopefully we will 16 get something tonight. But I think if you look at the 17 odyssey of this plan, it went from 49 to 121 to 102. We're 18 down to 71. My assumption would be - I don't know if the 19 developer could reduce that many more units and be 20 profitable. I mean, I think that's probably where we're  21 at. 22  The other concerns that people raised, we  23 can bake it into the development. You know, it would be 24 great to have wide, boulevard-like streets. It's always 25 what we would support. It would be great to have sidewalks    246  20  1 going both ways. You know, so there's accommodations that, 2 you know, when you meet with the developer, I think would 3 be helpful. And, you know, obviously, you'd like everyone  4 to welcome them as good neighbors.  5  You know, for us, it's increased tax  6 revenue, but we're mindful of the fact that nobody wants  7 anything built close to them. I get it.  8  So that is a map : and I'1l bring it up to  9 you : 121 units. That was a proposal. On the top is a 10 proposal now for 71, a differential of 50. And again, if 11 you look at the comments from the planning commission, they 12 seem to presume or argue that the open space, which is 13 48 percent, is generous! and it preserves, quote : if you 14 look at it : "sensitive assets." So I think all in all, 15 you know, it's your decision to make. I just wanted to 16 offer those comments, and we'll continue to work with the  17 developer.  18 19 20  Thanks.  THE SOLICITOR: Thank you, Mr. Epstein. Gentleman in front of Mr. Epstein, would you  21 like to make a comment?  22 23  (Shakes head.)  THE SOLICITOR: Okay. I would like to  24 before we ask the Board if they have any comments, 25 Ms. Zerbe, would you take the microphone, or you can do it    247  21  1 from a seated position. That's fine.  2  Ij just want to make something clear on the  3 record, if I understand this correctly. Don't want to put  N / 8  4 you on the spot.  5  Under OSD overlay district, do I understand  6 correctly there has to be at least 40 percent minimum open  7 space? 8 9  MS. ZERBE: Yes.  THE SOLICITOR: And do I also understand  10 correctly, under your ordinance, that the permitted use in 11 an OSD development is single-family detached dwellings?  12 13 15 16  MS. ZERBE: Yes.  THE SOLICITOR: All right. And it doesn't  14 say anything about townhouses or anything like that?  MS. ZERBE: No.  THE SOLICITOR: Okay. I think that's all Members of the Board, do you have any  17 the questions I have for you, Ms. Zerbe.  18 20 21  19 additional questions you want to put on the record?  THE CHAIRWOMAN: Amanda, I just had one. So with the amount of property that's there,  22 with the open space, they're allowed to build 71, at the  23 most 77, single-family dwellings?  24  MS. ZERBE: They're yield plan shows 77 :  25 the ability to do 77, but they have shown 71. Right.    248  22  1 2  THE CHAIRWOMAN: Right.  MR. JUDD: And, Amanda, the : under R-1,  3 that would be about 70 units?  4 5  MS. ZERBE: 70 or 71.  MR. JUDD: So when we talk about the  6 difference and the traffic and everything like that, we're 7 pretty close. I mean, it's not nothing, but it's kind of 8 close. The uses for an overlay, it's still an R-1 overlay,  9 and it's only single-family homes.  10  So just for perspective is all. And that's And with the reminder that this is just  11 all. I'm trying to get my head around this too.  12  13 early in the process, and all the details still have to 14 come from multiple oversights and, you know, details could 15 be worked out there. I just wanted to make sure everybody 16 understood what we were talking about as far as the  17 potential number.  18  THE SOLICITOR: Any other members of the  19 Board of Commissioners have comments or questions they want 20 to put on the record before I ask Mr. Heinz if he has any  21 last comments?  22 23 more. 24  THE CHAIRWOMAN: No, I just want to ask one  The 20,000 in the R-1, they would be further  25 apart because they wouldn't have the open space. The    249  23  1 10,000, they would be closer together with the open space,  2 then? 3 4 5 6 7 8  MS. ZERBE: Correct. THE CHAIRWOMAN: Okay.  2 - a  THE SOLICITOR: Last time for the Board?  (No response.) THE SOLICITOR: Okay.  Mr. Heinz, do you have anything else you  9 want to spread on the record? You heard Mr. Epstein make 10 some offers to work with you, including access, which I'm  11 sure you took note of.  12 13 14  MR. HEINZ: Certainly. Idon't have anything further.  THE SOLICITOR: Well, without objection, I'm  15 going to close the public hearing at this time and return  16 the gavel to the President.  17  Ido think it's important to announce : I  18 think the President did, but in case she didn't : we did 19 have a short executive session prior to this meeting under 20 Section 708 of the Sunshine Act to provide for privileged 21 advice, which is specifically allowed under Subsection 5.  22 So I just want to spread that on the record.  23 24  Madam Chair :  THE CHAIRWOMAN: You beat me to it. I was  25 going to do it when we were done with this.    250  24  1 3 4 6 7 8 9 10  THE SOLICITOR: I'm sorry, Madam Chair. I  2 stole your thunder.  That ends the public hearing.  Madam Chair, the floor is yours for the last (The public hearing concluded at 7:33 PM.) (The regular meeting resumed at 7:33 PM.) THE CHAIRWOMAN: Any more Board comments?  5 item on the agenda.  (No response.)  THE CHAIRWOMAN: Okay. Do I have a motion  11 to adopt Ordinance 2024-03, approving a request from S&A 12 Homes for a zoning map amendment for Tax Parcel 35-067-098  13 in R-1 to an OSD?  14 15 16  MR. JUDD: So moved.  THE CHAIRWOMAN: Do I have a second? MR. ZOUMAS: I'11 second to the fact that  17 this is a lot of details that need to be resolved and 18 worked out in the future. Got to start someplace.  19 21 22 23 24 25  THE CHAIRWOMAN: Ms. Smith, could we please  20 have roll call vote?  MS. SMITH: Mr. Navarro? MR. NAVARRO: Aye. MS. SMITH: Mr. Zoumas? MR. ZOUMAS: Aye. MS. SMITH: Mr. Judd?    251  25  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. JUDD: Aye.  MS. SMITH: Ms. Thompson? MS. THOMPSON: Aye. MS. SMITH: Ms. Lindsey? THE CHAIRWOMAN: Aye. (Vote concluded at 7:34 PM.)  N a    252  26  CERTIFICATION  Ih hereby certify that the proceedings and evidence  are contained fully and accurately in the notes taken by me on the within proceedings, and that this copy is a correct  transcript of the same.  Dated in Lebanon, Pennsylvania, this 22nd day of  July 2024.  Summer A. Willer Notary Public  Summer A. Miller, Court Reporter  (The foregoing certification of this transcript  does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the  certifying reporter.)  My commission expires: November 13, 2026