Before
                          THE TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS
                                              ---
                In Re:  Public hearing to receive public comment and to
                        consider the adoption of an ordinance amending the
                        Tobyhanna Township Zoning Map, to rezone Monroe 
County
                        Tax Parcel No. 19/94521 and a portion of Tam Map 
Parcel
                        No. 19/20/2/85.
                                              ---
                         Tobyhanna Township Government Center Building
                                          State Avenue
                                Pocono Pines, Pennsylvania 18350
                         Monday, April 14, 2008 beginning at 10:15 a.m.
                                              ---

                PRESENT:         JOHN E. KERRICK, Chairperson
                                 HEIDI A. PICKARD, Vice-Chairperson
                                 HUGH LAMBERTON, Board Member
                                 JAMIE B. KEENER, Board Member
                                 PATRICK M. ARMSTRONG, ESQUIRE, Solicitor
                ALSO PRESENT:    PHYLLIS HAASE, Zoning Officer
                                              ---
                
______________________________________________________________
                                        PANKO REPORTING
                                  537 Sarah Street, 2nd Floor
                                Stroudsburg, Pennsylvania 18360
                                         (570) 421-3620
                                                                2
        1                    MR. ARMSTRONG:  Again, my name is
        2    Patrick Armstrong.  I'm the solicitor for Tobyhanna
        3    Township.  We're here this morning at 10:15 a.m. to
        4    discuss and hold a public hearing for a proposed
        5    zoning amendment that would amend the zoning map
        6    for Tobyhanna Township.
        7                    The proposed amendment to the zoning
        8    map has been forwarded and reviewed by both the
        9    township planning commission, as well as the county
       10    planning commission.  Both the township and the
       11    county planning commission have recommended
       12    adoption of the ordinance with respect to the
       13    proposed zoning map change.
       14                    It's been advertised accordingly in
       15    a public newspaper for a public hearing this
       16    morning at 10:15, on April 14, 2008.  It's been
       17    provided to the Monroe County Law Library for
       18    public availability.  It's been available at the
       19    township offices for public availability and also
       20    at the newspaper of its advertising.
       21                    The township has a review letter and
       22    comment letter dated January 10, 2008 from Monroe
       23    County Planning Commission wherein the county
       24    planning commission provided some comments with
       25    respect to the proposed ordinance.  The township
                                                                3
        1    planning commission also provided comments and
        2    recommended adoption of the proposed ordinance.
        3                    The proposed ordinance is an
        4    ordinance that will amend the Tobyhanna Township
        5    zoning map, a portion of the township from
        6    currently an R-2 District and will change that area
        7    into the C District.  Exhibits A and B of the
        8    proposed ordinance provide the map and legal
        9    description of the area to be rezoned.
       10                    This ordinance is a result of a
       11    petition for a zoning change for one of the
       12    property owners of the area to be rezoned, and the
       13    background of that is outlined in the ordinance.
       14    The property owner is Management Accounting and
       15    Consulting Services.  They petitioned the township
       16    for this zoning change pursuant to a subdivision
       17    that they applied for with the township.  That
       18    subdivision has been approved and recorded with the
       19    county recorder of deeds.
       20                    I believe Exhibit A or B is posted
       21    on the bulletin board in the front of the room
       22    which shows the surrounding areas as being
       23    commercial and also R-2.  The R-2 area is also
       24    currently owned by the landowner that had
       25    petitioned the township for the zoning map change.
                                                                4
        1                    On Exhibit A of the proposed
        2    ordinance it identifies and illustrates the area to
        3    be rezoned as Lot No. 2, as well as a small out
        4    parcel from a neighboring property that appears to
        5    be located primarily in the commercial district.
        6    And, again, this is an ordinance that will rezone
        7    this area of the township from R-2 to C,
        8    commercial.
        9                    Are there any comments from the
       10    board for this particular ordinance?
       11                    MR. KEENER:  I would just say that
       12    this rezoning is generally consistent with the
       13    regional comprehensive plan and that any
       14    development of that land would be in accordance
       15    with our current regulations requiring buffers
       16    between commercial and residential uses or parcels.
       17                    MR. ARMSTRONG:  I see there's some
       18    people from the public here today.  Why don't we
       19    open it up for public comment at this time?  Please
       20    identify yourself and your address for the record.
       21                    MR. CHARLES ORLANDO:  My name is
       22    Charles Orlando.  And we have a vacation home just
       23    north of that -- just north and west of that
       24    property.  As I understand it from talking to
       25    several people, one of the problems that I have
                                                                5
        1    with it is there are no plans at this time to
        2    develop it as a commercial property; therefore we
        3    have no idea what will be going there under the
        4    commercial label, if you will.  If we knew what was
        5    going in there, I might not be against it because I
        6    might be in favor of that particular development.
        7                    As it is, I would rather not see it
        8    rezoned until somebody says this is what I would
        9    like to do, this is how I would like to develop it.
       10    If we don't do that, six months, a year from now,
       11    anything could be in there under the commercial
       12    rule and that I'm against.  It would also devalue
       13    my property.
       14                    MR. ARMSTRONG:  Where is your
       15    property?
       16                    MR. LAMBERTON:  Could you point it
       17    out?
       18                    MR. KEENER:  If you look at Exhibit
       19    A --
       20                    MR. CHARLES ORLANDO:  If you look at
       21    Exhibit A, I'm right here.
       22                    MR. KEENER:  Right above the 1990.97
       23    dimension.
       24                    MR. ARMSTRONG:  Just so you know,
       25    Mr. Orlando, as you said, there are no plans before
                                                                6
        1    this township right now as to what's going in
        2    there.  This is just an ordinance that would rezone
        3    that portion of the property to -- I mean, if you
        4    look, it looks like the majority of the property
        5    towards -- what is that, 115? -- towards 115 is
        6    currently commercial.  So that I think -- you know,
        7    this is primarily for planning purposes, for the
        8    rezoning of the map change.
        9                    In the event in the future that the
       10    property owner wants to develop the property,
       11    they'd have to come before the township with a land
       12    development plan; and that land development plan
       13    would indicate what, if any, proposed uses are
       14    being proposed at that time.
       15                    MR. CHARLES ORLANDO:  I understand
       16    that, but once it is rezoned from residential to
       17    commercial it makes it a heck of a lot easier at
       18    that future time to put something in there under
       19    the commercial label, which we have no idea, you
       20    know, what would be going in there; but it makes it
       21    a lot easier to do, so it's a problem for us.
       22                    MR. LAMBERTON:  Sir, if it's zoned
       23    commercial we can't restrict it beyond the
       24    ordinance.
       25                    MR. CHARLES ORLANDO:  But there's a
                                                                7
        1    lot that could be under the commercial label that
        2    may not be good --
        3                    MR. ARMSTRONG:  There is --
        4                    MR. CHARLES ORLANDO:  -- for a
        5    residential community.
        6                    MR. ARMSTRONG:  There is currently
        7    commercial property directly bordering your
        8    property, right?
        9                    MR. CHARLES ORLANDO:  That's below
       10    115, yes.
       11                    MR. ARMSTRONG:  Yes.
       12                    MR. TIMOTHY BURT:  Timothy Burt.
       13    I'm from Blakeslee.  I have a business actually
       14    right along 115, Skeeter's Garden Center.  Now,
       15    we're only talking about just the one little
       16    section past where it is already zoned commercial,
       17    correct?  We're not talking about the whole piece,
       18    just from that line right on over towards 115.
       19                    MR. KEENER:  This is it here.
       20                    MR. TIMOTHY BURT:  Now, what about
       21    how -- like he said, that needs to follow along,
       22    you know, when they submit a plan, as to what they
       23    want to do.  Can they further subdivide that
       24    property because it's then being changed into
       25    commercial or is it just through a normal process
                                                                8
        1    of, you know, doing the plans and so forth on what
        2    they want to put in there?
        3                    MR. ARMSTRONG:  Any future
        4    subdivision would still have to come before the
        5    township.  We have no -- no one's applied for any
        6    more subdivision of the property but --
        7                    MR. TIMOTHY BURT:  Is that a
        8    possibility?  Could that happen?
        9                    MR. ARMSTRONG:  It would have to
       10    comply with the existing SALDO, the subdivision --
       11                    MR. TIMOTHY BURT:  Would that go
       12    along with the comprehensive plan that he talked
       13    about --
       14                    MR. KEENER:  Yes.
       15                    MR. ARMSTRONG:  And just so everyone
       16    knows, she is taking everyone down with what
       17    everyone's saying so try not to talk over each
       18    other.  That's all.
       19                    MR. TIMOTHY BURT:  So then that back
       20    portion is still R-2, correct?
       21                    MR. ARMSTRONG:  That is correct.
       22                    MR. KEENER:  And for the record,
       23    that's being considered for open space.
       24                    MR. TIMOTHY BURT:  Yes, I know,
       25    which I think is a wonderful idea, take that piece
                                                                9
        1    of property off the rolls.  We're growing in this
        2    community as it is, and I find this to be a
        3    controlled growth.  You're only taking really not
        4    even the same amount as what's already there that's
        5    zoned commercial and adding that R-2 piece into a
        6    commercial area to give them maybe a little bit
        7    more room to put something in there and make it --
        8    with the buffers, as long as they have to be in
        9    there and so forth.  I find that to be a win-win
       10    situation, especially if we can take that big piece
       11    of property off the rolls and not put a housing
       12    development or something like that in.
       13                    It's gonna make my taxes go up more
       14    'cause I can't afford it.  So I much rather see
       15    that going to an open space area.  And just for
       16    that little piece of property, I don't think that's
       17    a big problem.
       18                    MS. PICKARD:  Thank you.
       19                    MRS. PATRICIA ORLANDO:  My concern
       20    was that it's -- my name is Patricia Orlando, and
       21    we have the lot near the rezoning.  I agree with my
       22    husband.  As long as we knew what was going on, we
       23    don't see the reason that it needs to be changed
       24    now since they have no plans for that area.  And if
       25    they do have plans for the area, then what are
                                                               10
        1    they?  'Cause we haven't be able to find out why it
        2    needs to be rezoned for commercial.
        3                    Why commercial rather than R-2?
        4    That's what we want to know.  We're not going to be
        5    able to get it changed back to R-2 once it's
        6    changed to commercial.  So before it gets changed,
        7    we'd like to know what's going on.
        8                    MR. KERRICK:  You're familiar that a
        9    year ago they had a 300-lot subdivision there,
       10    300-home subdivision?  That's what they proposed to
       11    do on that property.
       12                    MRS. PATRICIA ORLANDO:  Yeah.
       13                    MR. CHARLES ORLANDO:  But it would
       14    be residential.
       15                    MR. KERRICK:  Three hundred homes.
       16                    MR. TIMOTHY BURT:  300 homes, no
       17    way.
       18                    MS. PICKARD:  That would add an
       19    additional burden to all the taxpayers in the
       20    township.
       21                    MR. TIMOTHY BURT:  When we say
       22    commercial, is that limited to like retail stores,
       23    shopping center, Sheetz gas stations?  Are we
       24    limited as to what the commercial application is?
       25                    MR. ARMSTRONG:  The zoning ordinance
                                                               11
        1    has specific uses that are permitted within this
        2    commercial district.
        3                    MR. TIMOTHY BURT:  Okay.  So nothing
        4    like an industrial site can go in there then,
        5    correct, no plant or manufacturing or something of
        6    that nature?  How much is that?  How much area is
        7    or would be the total commercially zoned?  Does it
        8    say it right here?
        9                    MR. KERRICK:  You're adding
       10    23 acres.  That's what they're requesting is
       11    23 acres.
       12                    MR. TIMOTHY BURT:  How much do they
       13    already have?
       14                    MR. KERRICK:  It would show you on
       15    that paper that I already gave you, doesn't it?
       16                    MR. TIMOTHY BURT:  I see the 23.
       17                    MS. HAASE:  Mr. Chairman, the
       18    existing acreage is 25.67 acres.  They're gonna be
       19    adding 23.35 for a total of 49 acres.
       20                    MR. KERRICK:  Tim, less than 50
       21    acres total.
       22                    MR. TIMOTHY BURT:  And how much is
       23    that other piece then, that R-2 that still would be
       24    R-2?
       25                    MR. KERRICK:  Eighty acres.
                                                               12
        1                    MS. PICKARD:  Eighty-five.
        2                    MR. KERRICK:  Eighty-five.
        3                    MR. TIMOTHY BURT:  It's a nice
        4    trade-off.
        5                    MR. ARMSTRONG:  And some of the
        6    permitted uses in the commercial district, for
        7    those of you who are interested, are hotels,
        8    motels, restaurants, gift and antique shops, retail
        9    stores, personal service shops, meaning barbers,
       10    dry cleaning, business and professional offices.
       11                    You know, you can go to Section
       12    151-16 of the zoning ordinance, but there are
       13    separate sections for industrial, commercial
       14    industrial.  This is a C, commercial district.  Go
       15    ahead.
       16                    MR. TIMOTHY BURT:  Does anybody know
       17    what the buffer zone is with that ordinance going
       18    from R-2 property to commercial?
       19                    MR. ARMSTRONG:  The buffer zone
       20    between the commercial and residential is --
       21                    MS. HAASE:  Twenty-five feet.
       22                    MR. TIMOTHY BURT:  Twenty-five feet.
       23    That's it?  Can that be amended to make it a larger
       24    buffer zone for that?  Twenty-five feet doesn't
       25    really sound like a lot, I do agree with that.
                                                               13
        1    That's probably what, normal setback?
        2                    MR. KEENER:  There's buffer yards
        3    and there's screening requirements as well
        4    depending on the use.  So there may be additional
        5    screening required for line of sight.
        6                    MR. TIMOTHY BURT:  But depending on
        7    its use, correct?
        8                    MR. KEENER:  And depending on the
        9    use it might even be under a conditional use, which
       10    the board of supervisors could add conditions maybe
       11    to make it a little bit wider.
       12                    MR. TIMOTHY BURT:  'Cause I was
       13    wondering, can that be like amended into it, that
       14    they make it like a 50-foot, 75-foot buffer in
       15    between an R-2?
       16                    MR. KEENER:  Well, that's not part
       17    of this ordinance.
       18                    MR. ARMSTRONG:  That's not part of
       19    this ordinance.
       20                    MR. TIMOTHY BURT:  Oh, that's not
       21    part, okay.
       22                    MR. CHARLES ORLANDO:  Chuck Orlando.
       23    Why now as opposed to when you have an actual plan
       24    for something?  Why now?  Why have to rezone it
       25    now?
                                                               14
        1                    MR. KEENER:  Because marketability
        2    they wouldn't be able to market it as a C district.
        3    Somebody's not gonna buy it under the
        4    speculation -- or they may, they may put a
        5    condition on the purchase for the rezoning.  But
        6    there's quite a few constraints on the front parcel
        7    with some drainage ways and wetlands, and it really
        8    doesn't provide much opportunity to do commercial
        9    development.
       10                    We don't need to know -- in order to
       11    read the zone, we don't need to know exactly what's
       12    going to be going on that lot.  You know, it's --
       13    to me, again, I think it is a good trade-off; we're
       14    preserving 80-some acres.  It's consistent with the
       15    adjacent property of Blakeslee Corners.
       16                    MR. ARMSTRONG:  Yeah, I don't
       17    think -- I think you're focusing too much on the
       18    property owner.  I think the property owner
       19    petitioned the township and said hey, you know,
       20    this is surrounded on this complete side is all
       21    commercial, is there a possibility to rezone this
       22    to be commercial?
       23                    And I think after considering the
       24    zoning comprehensive plan the board and the
       25    planning commission, both from the county and
                                                               15
        1    township, all agreed that, you know, it makes sense
        2    with respect to where it's at within the township.
        3    And that's how we came up -- that's how this
        4    ordinance has been preserved.
        5                    MR. CHARLES ORLANDO:  My last
        6    comment would be very simple, if any of you owned
        7    that property in the Pocohanna Colony, would you
        8    want to see that zoned commercial?  Last comment.
        9                    MR. LAMBERTON:  Do you want 300
       10    homes in there?
       11                    MR. CHARLES ORLANDO:  If they're
       12    residential, it's just like my home.
       13                    MR. LAMBERTON:  And your school
       14    taxes would go like that (indicating).
       15                    MR. CHARLES ORLANDO:  Maybe.
       16                    MR. LAMBERTON:  No maybes about it.
       17    The taxes you're paying -- I don't know if you have
       18    children or not.  The taxes you're paying will
       19    never pay for your child's education, never.
       20                    MR. CHARLES ORLANDO:  I've already
       21    paid over and over for my children's education,
       22    believe me.
       23                    MR. ARMSTRONG:  Just so everyone's
       24    aware -- you can keep looking at this -- this is
       25    existing commercial, commercial, commercial.  This
                                                               16
        1    is existing R-2.  And this right here is what we're
        2    talking about.  This is existing R-2, that's being
        3    changed from R-2 -- or proposed as being changed
        4    from R-2 to C, this section right here.  What's
        5    posted up there is what is existing.
        6                    MR. TIMOTHY BURT:  It actually
        7    follows along the same property line as the
        8    supermarket area there.  And the thing is, it still
        9    would be R-2 designated right there by Pocohanna
       10    Colony.
       11                    And actually, if all goes well with
       12    us being able to get that into an open space and
       13    put it part of the Austin Blakeslee natural area,
       14    that would be more of a win-win situation for the
       15    homeowners there, I feel, because now they are
       16    backed up to a natural area that's left untouched
       17    and nobody can do anything with it.  That, I think,
       18    would be the neat thing.
       19                    MR. ARMSTRONG:  Okay, are there any
       20    other comments from the public at this time?  Yes?
       21                    MR. ROBERT COLELLO:  How you doing?
       22    Bob Colello.  I own a little house right in the
       23    middle of the property, the one that's half where
       24    the --
       25                    MR. ARMSTRONG:  Oh, the small out
                                                               17
        1    parcel?  The small out parcel that's being proposed
        2    to be rezoned?
        3                    MR. ROBERT COLELLO:  Yes.
        4                    MR. ARMSTRONG:  This small piece
        5    right there?
        6                    MR. ROBERT COLELLO:  That's it.  And
        7    there's another house next to it.
        8                    MR. ARMSTRONG:  And then the
        9    remainder of the property is in the commercial
       10    district.
       11                    MR. ROBERT COLELLO:  All of it's
       12    supposed to be residential and commercial; it
       13    splits in half.  I don't know how that ever
       14    happened.  I didn't know how they can do that, but
       15    they did.  You know, I don't know.  And then the
       16    other one next to us is all commercial, and that
       17    guy told me that he had to change to residential.
       18    So I don't know, you know, who's kidding who.  I
       19    don't know what's going on.
       20                    Paul Bird's house, he had told us he
       21    changed to residential to set back more.  Don't
       22    look it.  It looks like it's all commercial.
       23                    MR. KERRICK:  It is.
       24                    MR. ROBERT COLELLO:  And they're
       25    half and half and you only got an acre of land so I
                                                               18
        1    don't know.  You can build a house on a commercial
        2    land?  I don't know.
        3                    MR. ARMSTRONG:  What's the question?
        4                    MR. ROBERT COLELLO:  You can build a
        5    home on a commercial property?
        6                    MR. ARMSTRONG:  Depending on what
        7    the use is, no.  It would have to comply with the
        8    commercial zoning district regulations and the
        9    permitted uses within the --
       10                    MR. KEENER:  The remainder of his
       11    lot would be -- well, part of it is in an existing
       12    nonconforming now.  And the remainder is --
       13                    MR. ARMSTRONG:  Yeah, you're not
       14    talking about building, you have an existing
       15    structure on the property now.
       16                    MR. ROBERT COLELLO:  Yeah, half and
       17    half.  It's half commercial.  They want --
       18                    MR. ARMSTRONG:  Right now your
       19    structure's in the commercial zone, correct?
       20                    MR. ROBERT COLELLO:  Half of it is.
       21    The other half is in the residential zone.
       22                    MR. ARMSTRONG:  Right.  So you're a
       23    preexisting nonconforming use.
       24                    MR. ROBERT COLELLO:  They want to
       25    change -- they want to make it all commercial, is
                                                               19
        1    what they want to do.  They want to change my house
        2    from residential to commercial.
        3                    MR. ARMSTRONG:  But you have a
        4    preexisting nonconforming use on your property.
        5                    MR. ROBERT COLELLO:  So it's
        6    existing, but it's gonna stay that way?  I mean,
        7    you know, what's gonna happen to it?
        8                    MR. ARMSTRONG:  Your house?
        9                    MR. ROBERT COLELLO:  Yeah, the
       10    private road coming in.
       11                    MR. ARMSTRONG:  If you continue to
       12    use your house as a nonconforming residential
       13    property, that's fine.  If and when you decide to
       14    change it from residential to commercial use, you
       15    can't then change it back to a residential use; but
       16    if you maintain and continue to use it as a
       17    preexisting nonconforming residential use, you can
       18    do that.
       19                    MR. ROBERT COLELLO:  I can leave it
       20    the way it is.  But what are they gonna do there?
       21    I mean, I don't know, maybe they're gonna run right
       22    over me.  I don't know what they're gonna be doing.
       23    That sounds kind of weird, you know, they're gonna
       24    build -- well, I don't know what they're doing.
       25    That's why I said you should have a plan as to what
                                                               20
        1    they intend to do.  It just doesn't make sense.
        2                    MR. KERRICK:  You're in a commercial
        3    area now right around you.  As long as you don't
        4    change yourself, it's not gonna change.  It stays
        5    just the way it is.
        6                    MR. ROBERT COLELLO:  I don't follow
        7    you.  They're changing it to commercial for a
        8    reason; they're not just doing it for the heck of
        9    it.  They have intentions.
       10                    MR. KERRICK:  That's correct.
       11                    MR. ROBERT COLELLO:  Can I ask, what
       12    is residential?  Is it strictly homes and
       13    townhouses?  There has to be a dividing point,
       14    commercial is this and residential is this.
       15                    MR. ARMSTRONG:  Well, right now it's
       16    an R-2 District.
       17                    MS. PICKARD:  Half acre?
       18                    MR. ARMSTRONG:  But your current
       19    property -- your house is in the commercial
       20    district right now.
       21                    MR. ROBERT COLELLO:  No.  It's half
       22    and half.  It sounds crazy but it's half and half.
       23    It shows right on the map that I have.  I don't
       24    know what map you have.  It's half residential and
       25    half commercial.
                                                               21
        1                    MR. KERRICK:  Here's his property.
        2    It's split.
        3                    MR. ARMSTRONG:  The permitted uses,
        4    if you look at Section -- if you have a copy, which
        5    you don't, a copy of the zoning ordinance, some of
        6    the permitted uses within the RR District are:
        7    Single family detached dwellings, municipal uses,
        8    churches, cemeteries, hunting and fishing clubs,
        9    farms, multifamily dwellings -- you know, and the
       10    list goes on.
       11                    In the R-2 District are those uses
       12    permitted within the RR District subject to some
       13    other regulations primarily lot and yard
       14    requirements meaning, probably larger or smaller
       15    lots.  So not just houses, but there are other uses
       16    permitted within the R-2 District.
       17                    Was that your question?
       18                    MR. ROBERT COLELLO:  No.  Well, I
       19    don't hear too good, first of all, that's why I
       20    brought my son.  The thing is, what is residential?
       21    Is it townhouses?  Is it homes?  Dorm apartments?
       22    What is residential?
       23                    MR. ARMSTRONG:  I think your
       24    question is, what are the uses --
       25                    MR. ROBERT COLELLO:  What are you
                                                               22
        1    allowed to build on the residential property and
        2    what are you allowed to build on the commercial
        3    property?
        4                    MR. ARMSTRONG:  I just went through
        5    that.
        6                    MR. KERRICK:  Do you want to come
        7    up?
        8                    MR. DEAN COLELLO:  We'll have to get
        9    a copy of that.
       10                    MR. KERRICK:  Well, why don't you
       11    come forward so you can hear?
       12                    MR. ARMSTRONG:  I can say some of
       13    them again, if you'd like.  Some of the permitted
       14    uses within the RR District are single family
       15    detached dwellings, municipal uses, churches or
       16    similar places of worship, cemeteries, hunting and
       17    fishing clubs and camps, farms, multifamily
       18    dwellings -- I mean, there's a list of permitted
       19    uses within the RR District.
       20                    And the R-2 District, which is the
       21    district that is going to be rezoned or proposed to
       22    be rezoned, allows those uses subject to some other
       23    requirements in the R-2 District.
       24                    MR. ROBERT COLELLO:  Is all three of
       25    those lots the same owner?  The lots are divided
                                                               23
        1    into three different lots.
        2                    MS. PICKARD:  Yes.
        3                    MR. ROBERT COLELLO:  He owns all of
        4    them?
        5                    MS. PICKARD:  Mm-hmm.
        6                    MR. ROBERT COLELLO:  Does he intend
        7    to build on all the commercial property?
        8                    MR. ARMSTRONG:  We don't know what
        9    he intends; we don't know what the intention is.
       10    The purpose of this ordinance -- let's not get away
       11    from what the purpose of this ordinance is, is the
       12    township has -- you know, and the planning
       13    commissions have looked over the property and have
       14    decided that it's in the best interest of the
       15    township at this point to rezone that small parcel
       16    that's bordered some by commercial and some by R-2
       17    to become commercial.
       18                    MR. ROBERT COLELLO:  'Cause he shows
       19    well pumps in three different lots.  There's no
       20    sewers.  I don't know, this looks like a pretty
       21    tough deal that I know of.  I don't know --
       22                    MR. ARMSTRONG:  The property owner
       23    did previously -- about six months to a year ago
       24    came before the township for a subdivision, they
       25    subdivided the property.  And maybe some of those
                                                               24
        1    utilities were subject to the subdivision approval.
        2    Not land development, subdivision approval, meaning
        3    it was one large property and he subdivided it into
        4    three parcels and they'd have to install test
        5    wells.
        6                    MR. KERRICK:  That's what he was
        7    talking about.
        8                    MR. ROBERT COLELLO:  Then when he
        9    decides to do what he's gonna do then we gotta be
       10    notified again, in other words.
       11                    MR. ARMSTRONG:  If there's going to
       12    be a land development plan for any of this
       13    property, it will come before the township again.
       14                    MR. ROBERT COLELLO:  All right.
       15                    MR. KERRICK:  The test wells were
       16    put in for the 300 homes that were proposed last
       17    year.  That's off the board.  You're okay with
       18    that?  You understand that?  That's not proposed at
       19    this time.
       20                    MR. DEAN COLELLO:  Yeah, we
       21    understand that.
       22                    MR. CHARLES ORLANDO:  Chuck Orlando.
       23    I believe what this gentleman was concerned about,
       24    though, was he owns a property which is part
       25    residential, part commercial right now.  If it's
                                                               25
        1    rezoned commercial, his entire property would be
        2    commercial.
        3                    MR. ROBERT COLELLO:  Right.
        4                    MR. CHARLES ORLANDO:  It would be in
        5    the middle of this entire parcel, what is now
        6    commercial and what is proposed to be commercial.
        7    That means someone who wants to develop that land
        8    as a commercial project, his house would be right
        9    in the middle of all commercial and they'd be able
       10    to build right around him.  I think that's his main
       11    concern.
       12                    MR. ARMSTRONG:  Well, he was -- I
       13    mean, if you look at it, he's currently almost
       14    completely surrounded by commercial as it is.
       15    And --
       16                    MR. CHARLES ORLANDO:  Everything in
       17    the back is residential.
       18                    MR. ARMSTRONG:  But I think that is
       19    an accurate depiction of what he was concerned
       20    about.
       21                    So are there any other comments from
       22    the public at this time?
       23                    Any other comments from the board?
       24                    MR. KERRICK:  Not at this time.
       25                    MR. LAMBERTON:  No.
                                                               26
        1                    MR. ARMSTRONG:  Now, this is a
        2    public hearing.  They're not going to vote until
        3    their regular meeting which is going to occur
        4    immediately after this.  So for those of you who
        5    are interested, I suggest that you stick around
        6    for, you know, the public meeting, the board of
        7    supervisors public meeting on this ordinance as
        8    well.
        9                    MR. KERRICK:  We have to take a few
       10    minutes for the fourth grade to come in, so we're
       11    going to recess for five minutes.
       12                    MR. ARMSTRONG:  Just for the record,
       13    we can close the public hearing on the two
       14    ordinances that were considered today.
       15                    (Hearing concluded at 10:45 a.m.)
       16                             ---
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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.
       12
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       14                                ______________________
       15                                EVILYS E. BRATHWAITE
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