Before
THE TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS
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In Re: Public hearing for the purpose of receiving public
comment for a proposed ordinance amending their zoning
ordinance and establishing a flea market use that is
permitted by special exception within the commercial
district.
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Tobyhanna Township Government Center Building
State Avenue
Pocono Pines, Pennsylvania 18350
Monday, March 10, 2008, beginning at 6:45 p.m.
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PRESENT: JOHN E. KERRICK, Chairperson
HEIDI A. PICKARD, Vice-Chairperson
HUGH LAMBERTON, Board Member
JAMIE B. KEENER, Board Member
DONALD J. MOYER, Board Member
PATRICK M. ARMSTRONG, ESQUIRE, Solicitor
ALSO PRESENT: PHYLLIS HAASE, Zoning Officer
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PANKO REPORTING
537 Sarah Street, 2nd Floor
Stroudsburg, Pennsylvania 18360
(570) 421-3620
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1 MR. KERRICK: At this time I'd like
2 to open our second hearing for Ordinance 462, flea
3 markets, and turn it over to our solicitor, Pat
4 Armstrong.
5 MR. ARMSTRONG: This is an ordinance
6 for the regulation of flea markets and amendment to
7 your zoning ordinance. It's placing flea market
8 uses permitted within the commercial district by
9 special exception, and it sets forth certain
10 requirements for flea markets including parking,
11 advertising signs, structures that shall be
12 arranged and constructed in accordance with the
13 overall plan, certain lot area provided for with
14 the occupied buildings, booth, tables or tents; and
15 it also sets forth minimum lot areas and widths and
16 depths for the Attachment 1 to Chapter 155 of the
17 township code of ordinances which is in the zoning
18 ordinance chapter.
19 The ordinance has been advertised
20 for adoption at your public meeting this evening;
21 this is the public hearing for it. It's been
22 advertised for a public hearing. It was advertised
23 in the Pocono Record on February 25th and March 3rd
24 of 2008. It's also been reviewed -- forwarded and
25 reviewed to the Monroe County Planning Commission,
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1 as well as the township planning commission.
2 The Monroe County Planning
3 Commission, after reviewing it, made some comments
4 and suggestions with respect to the definition of
5 flea markets and in the parking requirements for
6 flea markets; and both of those suggestions have
7 been incorporated into this proposed ordinance.
8 Full copies of the ordinance have been provided to
9 the Pocono Record. They've been available at the
10 township buildings, as well as the Monroe County
11 Law Library.
12 Any comments from the supervisors on
13 this particular ordinance?
14 MR. KEENER: One comment. Does this
15 apply to all existing flea markets and future flea
16 markets?
17 MR. ARMSTRONG: Well, existing flea
18 markets --
19 MR. KEENER: Grandfathered?
20 MR. ARMSTRONG: Preexisting
21 nonconforming uses. Now, for certain flea markets
22 that may abandon their flea markets and then
23 attempt to, you know, reestablish one at a later
24 date, depending on the time period between them, we
25 may have an argument as to enforceability of this
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1 to that particular situation; but, yeah, the ones
2 that are preexisting are preexisting nonconforming,
3 would be. This would be going forward.
4 And like I said, it limits it to the
5 commercial district and it permits them by a
6 conditional use -- or I'm sorry, special exception.
7 So there would be a special exception application
8 and hearing for each flea market proposed or
9 applied for within the C District.
10 So this is a public hearing, if
11 there's any public comments on this proposed flea
12 market ordinance?
13 Having no public comment on it at
14 this time, any further comments from the board?
15 MR. KEENER: Do we have a period of
16 time?
17 MR. ARMSTRONG: Period of time is
18 not -- you mean hours of operation?
19 MR. KEENER: Hours, but also whether
20 if it's -- you know, can be in for three months or
21 six months or is it year-round?
22 MR. ARMSTRONG: Currently there are
23 no such provisions within the ordinance. It is by
24 special exception. So if the zoning hearing board
25 at the time of the hearing would prefer to add that
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1 as a condition, that's something that would be
2 discussed at the special exception level, if
3 circumstances for a particular flea market use in a
4 certain area would, you know, warrant such
5 condition.
6 Like I said, this is a public
7 hearing; there has been no public comment. You
8 will be considering it at your public meeting
9 tonight for adoption which starts at seven o'clock.
10 MR. KERRICK: Motion to close?
11 MR. KEENER: So moved.
12 MR. KERRICK: Motion to close.
13 Do we have a second?
14 MR. LAMBERTON: Second.
15 MR. KERRICK: Motion and second.
16 Questions or comments?
17 Questions or comments from the
18 public?
19 Call the vote.
20 Jamie?
21 MR. KEENER: I vote in favor.
22 MR. KERRICK: Donny?
23 MR. MOYER: I vote in favor.
24 MR. KERRICK: Hugh?
25 MR. LAMBERTON: I vote in favor.
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1 MR. KERRICK: Heidi?
2 MS. PICKARD: I vote in favor.
3 MR. KERRICK: I'll vote in favor.
4 Motion carried.
5 Hearing closed. We'll take a short
6 break until 7 p.m. and then we'll have our regular
7 business meeting.
8 (Hearing concluded at 6:53 p.m.)
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7 I hereby certify that the
8 proceedings and evidence are contained fully and
9 accurately, in the notes taken by me at the hearing
10 in the above matter; and that the foregoing is a
11 true and correct transcript of the same.
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15 EVILYS E. BRATHWAITE
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