HANOVER BOROUGH  ALLEY VACATION PUBLIC HEARING 105 to 119/121 Allegheny Avenue  February 21,2024  President Reichart called the meeting for an Alley Vacation Public Hearing to order at 6:30 PM, Wednesday evening, February 21, 2024 in the Hanover Borough Council Ina attendance were Council members Mr. Bubb, Mr. Fuentes, Mrs. Funk, Mrs. Greenholt, Mr. Hegberg, Mr. Kress, Mr. Lookenbill, Mr. Reichart, Mr. Roland and Dr. Rupp; Mayor Whitman; Solicitor Shultis; Manager Lewis and Secretary Felix; Stenographer Ondrizek.  Chambers, 44 Frederick Street, Hanover, PA.  STATEMENT OFTHE REASON FOR THE HEARING President Reichart read the following statement:  "This is the time set for a public hearing regarding a petition filed by. Ryan Bell, Michelle Daryanani, Jushua A. Klunk and Kortni K. Klunk to vacate a portion of an alley located between 105. Allegheny Avenue and 119/121 Allegheny Avenue, known as Bellview Street. Asaguide for those attending the hearing tonight, we will bej following the agenda, copies ofwhich  are located on the table near the door.  At this point, Iu will turn the hearing over to the Solicitor.'  order for tonight's hearing as outlined in the agenda.  Solicitor Shultis stated that as the Chairman indicated, we will be following a particular By way of introduction, the Borough received a petition filed by Ryan Bell, Michelle Daryanani, Joshua Klunk and Kortni E. Klunk to vacate a portion of an alley located between 105 Allegheny Avenue and 119/121 Allegheny Avenue, known as Bellview  Street.  The Borough Code provides that upon receipt of a petition, Borough Council shall hold a hearing following at least15 days personal notice to thej property owners abutting the subject street or alley and provide 15 days notice in a newspaper of general  circulation.  Solicitor Shultis identified the following exhibits for the Borough: Exhibit 2- Personal notice mailed to applicant January 31, 2024 Exhibit 3-1 Proof of publication date of February 4, 2024  Exhibit1-1 Petition dated November 27, 2023    Minutes of the Alley Vacation. Public. Hearing  February 21, 2024 Page 2  Following the hearing, Council shall by motion either deny the petition or approve the The parties to this hearing are the applicants and any other interested parties. Solicitor Shultis asked the applicants to enter their appearance. Mr. Bell and Mr. and Mrs. Klunk were present, but Dr. Daryanini was not in attendance this evening. Solicitor Shultis asked if anyone was present who would like to give testimony or No one came forward as a party other than the applicants and no other citizens came  petition by ordinance.  participate in the hearing other than the parties identified.  forward to seek party status.  APPLICANT'S PRESENTATION OFTHE CASE  Attorney Arthur J. Becker, Jr., Counsel for the applicant, identified the plan for the alley vacation as. Exhibit 4 and distributed copies to Council for their: reference. He described the location of the alley and the area to be vacated. On each side of the center 20' of the alley there is an additional 20' feet of public right of way on either side: for a total of 60' Ryan Bell, 119/121 Allegheny Avenue was sworn in by President Reichart. He and his wife Dr. Danyanani reside at 119/121 Allegheny Avenue. The property is currently a Mr. Bell stated that] hei is in thej process of converting the duplex into as single family home, and during this effort he discovered the 20' of public right of way where a fence was constructed in the past. During the survey process, they found the true property line boundaries. In order to combine the two lots, the vacated portion will be combined with them into one parcel. The existing fence actually sits 10-12 feet within the Borough's Attorney Becker referenced Applicant's Exhibit1 1, the petition to vacate the alley. Mr. and Mrs. Klunk were present and testified that they own and reside at 105. Allegheny The portion of the alley to be vacated is located between 119/121 and 105 Allegheny Avenue. The applicant proposes that 20' in the center of the alley bel kept by the Borough and the 20' feet on the side of 119/121 Allegheny side would become Mr. Bell and Dr. Danyanani's property; and the 20' on the 105 Allegheny side would belong tot thel Klunks. Mr. Bell testified that both the property owners have maintained the 20 sections of the  within the Borough's public right of way.  duplex made up of 2 separate properties.  current right of way.  Avenue, and they signed the petition to vacate the alley.  public right of way adjacent their properties for the past 9-10 years.    Minutes of the Alley Vacation Public Hearing  February 21, 2024 Page3  Mr. Becker referenced a subdivision plan identified as Exhibit 2.  At the last Finance & Personnel Committe/Council Workshop meeting, concerns were brought up regarding safe emergency response. The initial plans were: revised toi include language from the Subdivision and Land Development Ordinance (SALDO). Solicitor Shultis asked if Council had any questions for Mr. Bell.  There were: none.  The title report was received for Mr. Bell's property. There are no public easements for Mr. Bell'sand his wife Dr. Danyanani's property. Thel Klunks arei not aware ofa any public easements on their property at this time, although there was no title search completed because Mr. Becker currently only represents Mr. Bell and Dr. Danyanani. Solicitor Shultis stated that the petitioners mustindemnify the Borough for any loss of] publicright Keith Bortner, land surveyor at Hanover Land Services, was sworn in by President Reichart. Mr. Bortner stated that PennDOT have no minor street specifications for a turning radius. The lane requirements state that an 8 to 20 feet radius turning width is necessary. The National Fire Protection Association (NFPA) specified radius widths of Attorney Becker stated that Exhibit 5 is a document that gives information for building owners and facility managers for emergency access. The minimum width of an access Mr. Bortner testified that 20' is the minimum width of the alley needed for emergency Mrs. Funk asked where thei nearest fire hydrant was located. Mr. Bortner stated there was President Reichart noted that there was no topography on the plan and no stormwater Mr. Reichart asked Mr. Bortner if the vacation of the alley would cause any stormwater issues with the 20' portion of the alley paved down the center, and if the water would Mr. Bortner agreed that the water would run off of the center portion of the alley, and that any stormwater issues would be identified when the project moves forward. Solicitor Shultis noted that one of the turning radii appears tol bel located in the proposed vacated section. Mr. Shultis asked if the turning radius could be omitted from the vacated  of way due to the proposed alley vaçation.  20' minimum emergency access, specifically for fire trucks.  road recommended is not less than 20.  access.  no. hydrant in the area identified on the plan.  information indicated.  run off on the sides that are currently owned by the Borough.    Minutes of the Alley Vacation Public Hearing  February 21, 2024 Page 4 radii area.  section. Mr. Becker replied that they could condition it upon an easement of the paved Mr. Becker called Mr. Mains to the stand and was sworn in by President Reichart. Mr. Mains stated this area was reviewed by himself and Fire Chief Clousher. Mr. Mains noted that fire apparatus would actually stage off of Allegheny Avenue or the rear alley, and that emergency vehicles would not need this turning radii. The nearest fire hydrant isl located at Eichelberger Street and Allegheny Avenue on the southeast corner. Mrs. Funk asked about the reason for the 20 width requirement. Mr. Mains noted that this is a common and customary number. The current paving in this alley is 9 to 12. Fire Chief Clousher stated that he would rather avoid this alley and use Allegheny Ave Mr. Becker called Mr. and Mrs. Kunk tot testify. Mr. Joshua Klunk, 105. Allegheny Avenue was sworn: in by President Reichart. Mr. Becker asked Mr. Klunk if they would be willing to indemnify the Borough and give them substitute easements as the Borough deems Kortni Klunk was called to testify, and she was sworn in by Mr. Reichart. She agreed that she would be willing to indemnify the Borough and give them substitute easements as If approved, Solicitor Shultis would issue an agreement delineating all parties'  or the rear alley to stage fire equipment.  advisable. Mr. Klunk answered affirmatively.  the Borough deems advisable.  responsibilities.  Attorney Becker moved to admit applicant exhibits 1 through 5. Solicitor Shultis moved to admit Borough exhibits 1 through 3.  Mr. Becker noted that if the approval is conditioned on granting an easement for the turning radius, it would not be a problem, or to accommodate the Borough in any other  capacity.  7:131 PM: Council temporarily recessed to an executive session.  7:32PM: Ther meeting resumed, and Solicitor Shultis announced that the decision will be deferred until the March 27, 2024 Council meeting at 7:00 PM, and the meeting will  remain recessed until that time.  Respectfully submitted, Ahila,