EPHRATA BOROUGH ZONING HEARING BOARD MINUTES July17,2024  MEMBERS PRESENT: STAFF: VISITORS:  James Kiefer, Glen Mellinger, Jon Sullenberger, Chad Ochs, Greg Martin  Zachary Rineer, Zoning Officer Victoria Storz, Solicitor  Bonnie Speak, John Speak, Jr., Larry Alexander, Tim Barr, Sheila O'Rourke, Gisela Woerner, Carl Woerner,Jr., Brandy Seiler, Nancy Aronson, Steve Aronson, Rob Eshelman, Joanne Eshelman, Vincent Burkholder, Helen Honyara, Daniel Sweigart, Ed Spotts, Linda Spotts, Steve Nemith, Barbara Marty, Susie Almon-Matanges, Bill Matanges, Anna Marie Palm, John Fuehrer, Joy Beachy, George Dillio, Jan' Wenger, Lisa Good, Beth Rider, Harvey Turner, William Ecenrode  Mr. Kiefer opened the meeting at 7:00 p.m.  The approval of the. June minutes was deferred to the next meeting. Mr. Rineer provided confirmation oft the following:  The meeting agenda was posted on the Borough's website and at Borough Hall no later than 24 The meeting agenda included al listing of each matter of Borough business that will be or may be the subject of deliberation or official action at the meeting. There were no changes made toi the meeting agenda afteri it was posted. The meeting agenda was made available to individuals in attendance. at the meeting. There were no requests to add a matter of Borough Business to the meeting agenda. Mr. Kiefer read the notice for the purpose of the hearing to consider a Special Exception for a short-term rental. Relief is sought under section 319-27(15) of the Code of the Borough of Ephrata. The subject property is located at 363. Jeff Ave. in a Residential Medium Density Zoning District. The applicant and Ms. Storz asked if anyone present wished to make a comment or request party status. Joy Beachy of 341 Jeff Ave. requested to participate and Ms. Storz requested that Ms. Beachy and Mr. Cooper be sworn in. Mr. Doron described the work done to remodel the property and stated it would allow up to eight guests: six adults, two children and a maximum of two dogs in ai fenced area. There is parking on site for  hours in advance of the time oft the meeting.  owneri is Doron Cooper, 326 Watercress Dr., Birdsboro, PA1 19508.  two vehicles, which is the maximum the guests will be allowed. Ms. Beachy expressed her concerns with the rental property.  Mr. Cooper responded that guests must agree to comply with the noise ordinance of Ephrata. He stated that they are currently installing a noise monitoring system and that he will be monitoring the property with exterior security cameras. He said that the property was inspected by and complies with the Borough safety regulations. He advised that he has someone caring fort the grounds and that hev will also  be available for maintenance.    Zoning Hearing Board July17,2024  Page12  Ms. Beachy asked if there is someone int the area is available for emergencies. Mr. Cooper responded that there is someone int the Borough on call and that he is only 15 miles away. Mr. Rineer advised that the Borough requires the property owner to be able to come to the property within 451 minutes ofac call. Mr. Mellinger made a motion to close testimony. Mr. Ochs seconded the motion and all voted ini favor. Mr. Ochs made a motion to approve the special exception for the short-term rental. Mr. Mellinger Mr. Kiefer read the notice for the: second hearing to consider a variance for a minimum side yard setback ofl less than 31 feet and reduced parking standards. Relief is sought under: section 319-20.B.7 and 319- 44.A.A.1 of the Code of the Borough of Ephrata. The subject property is an existing garage which the owner would like to convert to a 2-family dwelling located at7 71 E. Franklin St. int the Central Business zoning district. The applicant and owner is Harvey. J. Turner IV, 1012 Aldean Way, Lebanon, PA1 17042. Ms. Storz requested that Mr. Turner and his project representative, John Fuehrer of Fuehrer Associates Mr. Turner gave a description oft the request to convert an existing garage to two one-bedroom apartment units. He will remove approximately 160 square feet of concrete driveway abutting the sidewalk and gain one parking space on the street. Hei is asking for a variance to install two parking spaces 8-10 inches off the property line on an impervious: surface in the rear. Hei is requesting another variance for one parking space per unit. A drawing of the project was entered into evidence. Ms. Storz asked how many units are currently on site and how many! bedrooms per unit. Mr. Turner replied that there are twelve units inf four buildings: sevenone-bedroom, one three-bedroom unit, and Mrs. Storz asked what the: side yard setback is currently. Mr. Turner replied around at foot. Ms. Storz asked about improvements and Mr. Turner described the changes planned for the interior. Mr. Turner: also stated that the two additional parking spaces would be off the existing parking loti in the Mr. Mellinger asked ift there is adequate parking currently. Mr. Turner stated that there are no issues Mr. Mellinger made a motion to close testimony. Mr. Martin seconded the motion and all voted in Mr. Martin made a motion to grant both variances. Mr. Mellinger seconded and the motion passed. Mr. Kiefer read the notice for the third hearing to consider a Special Exception for the expansion ofa non-conforming no-residential use, to add crematory facilities to a commercial building used fora funeral business. Relief is sought under section 319-65.C(3) and 319-65.F of the Code of the Borough of Ephrata. In the alternative, a variance is sought under section 319-12 of the Code oft the Borough of  Mr. Cooper stated that he could provide a number for neighbors to call.  seconded and the motion passed unanimously.  Ltd., be sworn in for testimony.  four two-bedroom units.  rear.  with parking and there are empty parking spaces.  favor. unanimously.    Zoning Hearing Board July17,2024  Page/3  Ephrata. The subject property is 106E. Fulton St. in a Residential High Density zoning district. The Mr. Kiefer recused himself and Mr. Mellinger proceeded to chair the remainder of the hearing. Ms. Storz reviewed where the previous hearing left off and requested that the next participant begin. Mr. Ecenrode asked if Ms. Sipler and Mr. Kassoff could be qualified as expert witnesses as they are beneficiaries oft the project. Ms. Storz replied that both witnesses had already been qualified and any Mr. Kassoff responded to Mr. Ecenrode's questions about the crematory process and emissions. Ms. Sipler responded to Ms. Palm's questions about percentage of cremations, where bodies are taken currently, plans to take on additional business, safety, security and qualifications. Mr. Kassoffaddressed  applicant and owner is Giles Sipler, LLC, 100 W. Main St. Ephrata, PA17522.  objection should have been stated at that time.  questions about fire suppression and natural gas.  Mr. Strothers and Mr. Lutz were not present to participate in questioning.  Ms. O'Rourke proceeded to redirect testimony and submitted Exhibits A10 and A11. Exhibit A10 included statistics presented by Mr. Kassoff in testimony and newi information regarding PFA'sa and PFO's. Mr. Kassoff stated that he had researched the forever chemicals and there are currently no new Ms. O'Rourke confirmed with Mr. Kassoff that there are no regulations for crematories specifying where Ms. O'Rourke confirmed with Mr. Kassoff that extensive research found no evidence that property Regarding prior questions about internet speed availability to monitor the equipment, Ms. Sipler confirmed that she followed up with the Internet Service Provider and was assured that they would Inr response to prior questions about treating clients with dignity, Ms. O'Rourke asked Ms. Sipler to read Ms. Storz called Mr. Burkholder to redirect testimony. Mr. Burkholder asked questions about carbon monoxide emissions and which of the crematories exhibited are near residential neighborhoods. Mr. Mr. Sweigart asked Mr. Kassoff about ai facility in Chester, Pennsylvania. Although Mr. Kassoff was familiar with the facility, he was unable to verify the information Mr. Sweigart presented. Mr. Sweigart asked ift the newi facility willl have state-of-the-art: scrubbing equipment and will it be continuously monitored for mercury emissions ifapproved. Mr. Kassoff replied that neither are required by the State. Mr. Sweigart asked further questions about the PAI DEP's requirements for testing. Aftera a 10-minute break, Ms. Storz advised that the Board wished to end the meeting at 9:30 and if there was unfinished testimony, the hearing would be continued again.  regulations concerning crematories. they can be located or proximity to schools.  values are affected by the presence of nearby crematories.  have the necessary capabilities. Google reviews from Exhibit A11.  Kassoff repeated the statistics and named the facilities near neighborhoods.    Zoning Hearing Board July17,2024  Page - 14  Mr. Burkholder presented testimony that he could not find a crematory location on Mr. Kassoff's list for Roanoke, Virginia. He stated concerns that the smokestack would contaminate Gross Run and the surrounding area, concerns with odor from the emissions and concerns for nearby children. Ms. O'Rourke asked Mr. Burkholder questions about the business that operates from his property adjacent to Gross Run concerning stormwater, vehicles, storage and outdoor lighting. Mr. Burkholder Mr. Sweigart presented his qualifications to: support his request to testify as a qualified expert in relation tor mercury. Ms. O'Rourke asked him about his degree and his employment position as a staff scientist fora at food company. He stated that as a research scientist he specialized int testing for heavy metals in agricultural products, including raw materials and finished products. Mr. Sweigert confirmed his Linkedin profile, Applicant's Exhibit 13, and the text regarding his expertise in the peanut industry. He affirmed that he does not have a degree in environmental science, and has not worked for the PAI DEP, USDA, funeral business and has no expertise ini the process of cremation. Ms. O'Rourke objected to Mr. Sweigart's request to testify as an expert witness due to his food scientist specialization being unrelated to the application submitted. Mr. Sweigart objected and reiterated his credentials for risk assessment with heavy metals. Ms. O'Rourke stated that is a completely different process with airborne emissions and human remains. Ms. Storzsustained the objection and stated that the Board could consider his qualifications in the testimony. Mr. Sweigart asked if the appliçant would consider having as scientist testify about the emissions. Ms. O'Rourke stated that iti is their position that they have addressed the issue and have carried the burden for the special exception. Mr. Sweigart was advised that he could Mr. Sweigart presented testimony regarding mercury emissions. Mr. Sweigart presented ordinances from Berks County municipalities that regulated continuous monitoring for mercury in crematoriums. Mr. Sweigart stated that as a neighbor, he believes the Borough should enact a similar ordinance for Ms. O'Rourke questioned Mr. Sweigart about the photo oft the Chester County facility that he presented in questioning Mr. Kassoff. Mr. Sweigart stated who took the photo and the month and year that it was taken. Mrs. Sweigart asked if he personally visited the location of the photo. Mr. Sweigart replied that he has not. Ms. O'Rourke stated objection to admission of the photos and any testimony thereon as Mr. Sweigart was unable to authenticate the photo. Mr. Sweigart stated that he would drive to Chester County and take photos and video with time and date stamps. Mrs. Storz asked ift there was any objection to ending in the middle of Mr. wetgartstestimony and allowing him to come back at the next meeting with photos. Mr. O'Rourke confirmed objection, stating that the meeting was tonight and has already been continued once. Mr. Sweigart stated objection to the claims made earlier that amalgam fillings have been phased out and that going forward mercury will disappear. He: said the claims are  confirmed that there are inoperable vehicles on the property.  testify as a neighbor, but not an expert witness.  public safety.  categorically false.  The meeting was continued to August 21, 2024, and adjourned at 9:30 p.m.  Llach Rineer BRc Zoning & Codes Administrator