MINUTES OF THE HANOVER BOROUGH COUNCIL CONDITIONAL USEI PUBLIC HEARING APPLICATION OF SALVADOR TURCIOS Wednesday, November 21, 2023  President Reichart called the public hearing to order at 6:00 PM: in the Hanover Borough Onr roll call, the following Hanover Borough Council members answered as present: Mr. Fuentes, Mrs. Funk, Mrs. C. Greenholt, Mr. G. Greenholt, Mr. Hegberg, Mr. Kress, Mr.  Municipal Building, 44 Frederick Street, Hanover, PA 17331.  Lookenbill, Mr. Reichart, Mr. Roland and Dr. Rupp.  President Reichart read the following statement for the hearing:  "This is the time set for a conditional use hearing regarding a conditional use application filed by Salvador Turcios for a place ofassemblyhvorship at property located at 1001 Eastl Walnut Street, Hanover Borough, York County, Pennsylvania and located in the R-3 Medium Density Residential Zoning District. As a guide for those attending the hearing tonight, we will be following an outline. Ifyou do not have an outline, copies of the outline are located on the table near the  door.  At this point, Iwill turn the hearing over to the Solicitor. ."  Solicitor Shultis stated that the public hearing will follow a particular order for tonight's hearing. He noted that all citizens wishing to provide public comment will be given a full opportunity to do SO. Tonight's public hearing is a legal proceeding and outlined procedures for the hearing are set forth in the outline. Solicitor Shultis stated that any citizen wishing to participate as a party to the hearing may present evidence, call witnesses, have the ability to cross examine all witnesses and be subject to Cross examination, but first must establish themselves as having party status. Parties to the hearing are the Borough and any person who is affected by the application in a substantial, direct and immediate way and who has made an appearance of record. Any citizen wishing to qualify as a party must first complete an entry of appearance form and submit it to the Solicitor. The forms are. located on the table near the door. Solicitor Shultis stated that the application was filed by Salvatore Turcios, 49 Hemlock Drive, Hanover PA for a Place of Asemay/Wommpation East' Walnut Street pursuant tos Sections 140-302 and 140-434 of the Hanover Borough Zoning Ordinance, as amended. The property is owned by Patrick Hagarman and is located in an R-3 Medium Density  Residential Zoning District.    Minutes oft the Conditional Use Public Hearing for1 1001 East Walnut Street  November: 21, 2023 Page 2  Solicitor Shultis asked if anyone was present that wanted to be recognized as aj party. No one was present wishing to obtain party status. Mr. Shultis noted thata an official verbatim transcript is being taken by our stenographer this evening and anyone wishing to speak please ask tol be recognized first and speak clearly and loudly to be heard. Mr. Patrick Hagarman, property owner was present as a witness for the applicant. Solicitor Shultis noted that the applicant Mr. Salvador Turcios and Mrs. Amelia Turcios,  849 Hemlock Drive, Hanover, PA were present to provide testimony. Solicitor Shultis identified the Borough's Exhibits as follows:  a. Conditional Use Application b. Notice to applicant d. Proof of publication Code (MPC)  Notice to adjoining property owners  e. Proof of posting of the property in coordination with Municipalities Planning Zoning Officer Christopher Miller was sworn in by Solicitor Shultis to give testimony. Solicitor Shultis questioned Zoning Officer Miller and verified that the property was  posted on November 1, 2023 with the notice of hearing. The applicant had no questions about the posting.  Mr. and Mrs. Turcios and Mr. Hagarman were sworn in by Stenographer Deb Zepp.  Solicitor Shultis asked for information about the application.  Mrs. Turcios indicated that shei is grateful to have a place for Christian worship, on behalf of the community. They want tol be a part of the community to serve the Lord and serve the Country in a Christian manner. They intend to have bible studies, prayer meetings Mr. Hagarman noted that he and his wife sold their business that was formerly located there. He advertised the building for rent. He spoke with neighbors on their behalf and wanted to choose someone to rent who would be suitable for the neighborhood.  and services on Sundays.    Minutes of the Conditional Use Public Hearing for1001 East Walnut Street  November. 21, 2023 Page 3  There are 12available parking spaces which are shared by the existing beauty salon. The place of worship and the salon will be on opposite schedules SO the parking lot will be Mr. Roland asked where the congregation currently meets. Mrs. Turcios stated that they Mr. Hegberg asked if the property was formerly a church, and property owner Mr. Mrs. Funk asked if the salon was still in operation, and Mr. Hagarman responded affirmatively and that it is located on the lower level and the church will be located upstairs with a separate entrance. The church will be occupied Tuesdays, Thursdaysand Mr. Hegberg asked if there were any complaints about the previous church use. Mr. Miller researched the property and noted that he could find no previous complaints  fully available to each business at different times during the day. currently rent another church at 150 Little Avenue, New Oxford.  Hagarman answered affirmatively.  Fridays at 7:001 PM and on Sundays they have morning services.  against the church.  Solicitor Shultis asked if Council had further questions and there were none. When questioned by Solicitor Shultis, the applicant testified as follows: The place of assembly will be occupied by a non-profit organization. There will be al butter of 5: feet between adjoining properties.  Mr. Hagarman testified that the property will not have more than 80% impervious There are 12 spaces in the parking lot and each car can exit without moving any The applicant understands that there is a requirement that off-street parking be The applicant stated that they understand that there must be one parking space for each four seats in the church, which would amount toi no more than 48 people The applicant stated that when they have a large activity they will rent a big  surface. other cars. provided.  permitted for any church service.  church.  Thel hours of the beauty salon are 8:00 AM to 6:001 PM. There will be no overlap with church hours.    Minutes of the Conditional Use Public Hearing for 1001 East Walnut Street  November 21, 2023 Page 4  The applicant understands that they cannot open the church during the hours The applicant believes that the church operation will not create a serious traffic The applicant believes that the proposed church use will not create a public safety The applicant stated that the proposed church use will not produce excess noise,  when the salon is open.  hazard. hazard.  dust, lighting, etc.  Solicitor Shultis asked if there was any other evidence that the applicant would like to Mr. Hagarman noted that he respectfully declined many other offers to rent the property, in favor of this applicant and he believes that the proposed use is in keeping with the  present.  general character of the neighborhood. Mr. Reichart asked for any public comment.  Mr. Clifton Suehr, property owner at 450 Moul Avenue, across the alley stated that the adjacent alleyway is in terrible shape. Neighbors block the alley so frequently they cannot access their garage. He anticipates a parking problem with the proposed use. He distributed photos of the alley to Council members. He asked the Borough if the alley could be improved, and was told it was not on the schedule tol be repaved at this time. Solicitor Shultis marked Mr. Suhr's photos as Exhibit 1 and noted that they will become Mr. Hagarman asked how long Mr. Suhr's daughter lived at their property. Mr. Suhr Councilor Hegberg asked why on-street parking atalmhnocmiematen and Mr. Shultis clarified that off-street parking is a requirement for this use under the zoning Councilor Lookenbill asked if the salon uses the same parking lot as the proposed church use. Mr. Hagarman replied affirmatively, but noted that eachl business has separate hours  part of the record.  stated that she has lived there for 2 years.  ordinance.  so there would be no overlap.    Minutes oft the Conditional Use Public. Hearing) for1 1001 East Walnut Street  November 21, 2023 Page 5  6:29 PM: Council, Code Enforcement Miller, Manager Lewis and Solicitor Shultis  recessed to an executed session. 6:33 PM: The meeting reconvened.  Solicitor Shultis noted that the public hearing is now closed, and will be in recess until a decisional hearing is scheduled in December; the applicant and Mr. Hagarman will be It was moved by Mrs. Funk, seconded by Mr. Fuentes to approve the minutes of the Itv was moved by Mrs. Funk, seconded by Mr. Fuentes to recess the public hearing at 6:34  notified to appear.  March 22, 2023 conditional use hearing. Motion carried.  PM. Motion carried.  Respectfully submitted, Dorothy ME AMA Borough.Secretary