MINUTES OF THE MEETING OF THE
HAMPDEN TOWNSHIP ZONING HEARING BOARD
_______________________________
The February meeting of the Hampden Township Zoning Hearing Board was called to order by the Chairperson, Dr. Eugene Baldwin, at 7:30 P.M. on Wednesday, February 18, 2009 . In addition to the Chairperson, the following board members were present, to wit: Mr. Michael Kane, Mrs. Keren Roberts, Mr. Joseph Porter and Mrs. Kathryn Silcox . Also present were Solicitor Robert C. Saidis and Recording Secretary Phyllis McCoy.
The minutes of the December 17, 2008 meeting were accepted as submitted.
Upon motion made by Mr. Joseph Porter and seconded by Mrs. Keren Roberts, it was,
RESOLVED , that the following persons shall serve in the following positions for the Zoning Hearing Board until the next reorganization of the Board or their successors are chosen and qualify:
Dr. Eugene Baldwin, Chairperson
Mr. Michael J. Kane, Vice-Chairperson
Mrs. Keren E. Roberts, Secretary
Robert C. Saidis, Esq., Solicitor
Phyllis McCoy, Recording Secretary
(Motion carried unanimously)
APPEAL NO. 09-01 (HEARING)
Rachel Wilson, Applicant, subject property is 6404 Cannon Drive, Hampden Township, Mechanicsburg, PA 17050 (R-S Zone), appealing the Zoning Officer's determination of a violation of Section 702 concerning Permitted Uses of the Zoning Ordinance.
Rachel Wilson was sworn and testified. Mrs. Wilson has lived at the property for about five years. Mrs. Wilson testified that her parents are the owners of the property. Six or eight months ago, she started to have friends and family members over for yoga classes. She was doing it free (no profit).
She wanted to start charging a fee and have one or two people at a time with one car in the driveway. She contended it was no different than if she has a get together for coffee. She was aware of the Chad Pines decision, but felt he had a gym in his house. She has no equipment, only yoga mats and has no intention to grow the business.
Applicant presented Exhibit A-1, which is the basement area used for classes and Exhibit A-2, which is the driveway at the property.
The Applicant was questioned by members of the Zoning Hearing Board regarding her client base, individual sessions or group sessions, advertising and fees.
Generally, her classes are one-on-one. Two ladies come in one car for a session. All sessions are one hour. She would not have any signs. She does have postcards from before when she worked at Momentum. She suggested that she would limit it to 5 individuals a week. When asked if she would turn away 6, 7 or 8, her answer was that she did not want to interrupt the lives of the neighbors. She would not let 20 people in. The hourly charge is $20.00.
She went door-to-door on both sides of the street and contacted everyone. Her neighbor, Teresa Gingrich, told her that she had a reputation for being the first to object, but was okay with her proposed use.
When questioned about insurance, homeowners insurance covers and by reason of being a personal trainer, Mrs. Wilson's personal liability insurance covers it.
Generally speaking, sessions are during normal business hours. There is only one day that she finishes at 6:30 PM .
The driveway is two cars wide. Upon questioning by Solicitor Saidis, Mrs. Wilson stated that she has no employees, no retail goods, no inventory, no signs, no noise and it occupies less than 25% of her habitable space.
Darrell McMillan was sworn and testified on behalf of the township. The Hampden Township Commissioners, at their January 2009 meeting, voted to oppose the Appeal. The reasons they opposed it was that traffic was not permitted and the Pines decision.
Mr. McMillan noted that Mrs. Wilson came to the township by her own volition regarding her proposed business and there had been no complaints about the property.
Clyde and Barbara Metz, who live at 6409 Lexington Drive , also in the Bunker Hills Development, were sworn and testified. A letter from Joe and Anna Marie O'Haren opposing the appeal was also presented into evidence. All their objections were to the precedent this would set. The next thing would be a small massage parlor, a manicurist, barber shop and really would open Pandora's box. When Mr. and Mrs. Metz moved in, they thought it was strictly residential and do not want the expansion.
There being no further testimony, on motion by Mrs. Keren Roberts and seconded by Mr. Michael Kane, the Zoning Hearing Board went into Executive Session at 8:05 p.m.
The meeting reconvened at 8:20 .
After discussion on motion duly made by Mrs. Kathryn Silcox and seconded by Mrs. Keren Roberts, it is:
RESOLVED, that the Zoning Hearing Board denies the appeal and affirms the Zoning Officer's decision.
(Motion carried unanimously)
Upon motion by Mrs. Keren Roberts and seconded by Mr. Joseph Porter, the meeting was adjourned at 8:25.
Respectfully submitted,
Phyllis McCoy
Recording Secretary