Submitted by Adrian Garcia
Compiled Notes
The meeting opened at 6:30pm.
Land Preservation and Review Board
The chair of the board, Frank Evelhoch, gave his annual update to the Board of Supervisors which consisted of a year in review, and detailing their plans for 2025.
In review
The Township preserved the 14.4 acre Shillelagh Farm at 623 Carlisle Pike with the Natural Lands Trust (read their announcement here), and a 42.4 acre plot at 56 Greenville Road. There are five additional properties that have accepted the Township’s offer to purchase their development rights, and going through the legal proceedings to finalize the deal. In addition to these five, there are three properties going through the application process.
The board is also at full capacity (seven members) for the first time in years, with three people joining in 2024. With this newfound membership, the board conducted outreach to multiple townships and organizations in the South Central area, as well as beginning to submit reports to We Conserve Pennsylvania.
2025
The goals for the year are to continue to preserve undeveloped land, and to educate property owners. The Township is also all but guaranteed to surpass 1,000 acres this year, and celebration planning is already underway. With another 4,000 acres still eligible for preservation, the board has their work cut out for them. Evelhoch acknowledged that it is unrealistic to think that all of it will be preserved, but one can hope.
Status of Township Projects and Finances
Township Manager Ray Palmer gave a high level overview on the state of the Township. It is trending ahead of income projections (mostly due to the finalization of the Costco sale), it continues to develop Paul Walters Park (though it was not awarded the CFA multimodal grant it hopped for), and the Township is three weeks into its yearly financial audit.
Costco is reporting that its opening will be delayed from spring 2025, to fall 2025 due to copious amounts of rock sitting just below the top soil.
Public Comment
Supervisor David Lenker gave an update from the Silver Spring Township Sewer Authority’s project to connect roughly 240 homes north of I-81 to the public sewer system. Roughly a dozen citizens have refused to connect, and the township is considering pursuing legal action to enforce compliance. Because of this and other road work projects, repaving the affected streets will likely be pushed back to 2026.
Resident John Lake asked for clarification on credit card usage and travel expenses discovered following a Right to Know request, and was informed that the nightly rate he quoted was actually the cost for the entire stay.
It was noted by Board Chairman Carl Machamer that the township has spent roughly $50,000 on defending denied Right To Know requests, 14 of which originated from a single individual, and was found to have legal standing in every instance.
Public Hearing Regarding Zoning Text Amendment
The amendment put forward by the applicants, Statewide Partners LLC, seeks to add a “Accessible Residential Multi-Family Dwelling” definition to the Interchange-Regional Gateway (INT-RG) zone (that exists around the Route 114/I-81 interchange). An older version calling this a “Medical Residential Multi-Family Dwelling” can be viewed here. This new dwelling type would allow for by-right development of multi-family structures that have accessibility features such as “at least one elevator”, “one stepless entrance”, and a density of 12 units per acre.
The developer, Kenneth Homes, who contracted Statewide Partners LLC spoke at length about their plans for the properties along Winding Creek Boulevard which are in the INT-RG zone. This would include three buildings housing between 350 and 400 residents, and would generate 603,000 for Cumberland Valley School District. This would consist of one and two-bedroom apartments, and target the over 55 community, though residents of all ages would be allowed. Kennith Homes is known in the area for being a builder/owner/operator of several communities, including Northside Village in Carlisle.
Supervisor David Lenker noted that a cemetery exists on a small plot in the middle of one of these properties (known as the Bosler Cemetery), and questioned the developers about their intentions to maintain it. The developers agreed to whatever terms the Township would put forward, once this zoning ordinance was passed and they submitted plans.
Supervisor Carl Machamer noted that the current owners of these parcels explicitly asked to retain the INT-RG zoning when the last update to zoning map was made, and that adding language to our zoning ordinance after the fact felt like the wrong way to do it.
Supervisor David Lenker voiced tentative support for the plan as the demand for offices is nearly non-existent at the moment, and this would allow for these empty parcels to be developed now.
Don Franklin, Chairman of the Silver Spring Township Zoning Hearing Board, cautioned the Supervisors on accepting this amendment because “the devil is in the details” and there is no telling what damage this could do in the long run. He also advised that the language be modified to be conditional use, rather than by-right which would force developers of these dwellings to come before Planning Commission and Board of Supervisors before they could begin construction.
Public Comment
Eight citizens gave comments on the proposal. Many were concerned about the precedent this would set: that a developer can just “walk in and change” our zoning ordinances whenever they don’t like how they are written. This was backed by further criticism that we would effectively be changing our ordinance for a single project by a single developer. Others pointed out that the accessibility features that the modified ordinance touts as unique, are actually just ADA and Fair Housing Act requirements. One resident was very vocal about her concern for the cemetery and its historical value, as well as the eyesore these apartments would cause as you enter the Township from the highway. Another shared her concerns for children that may end up living in the proposed complex, that the Cumberland Valley School District is already faltering under the sheer number of students it serves, and that adding this high-density housing will only further strain the resources in our are.
Resident, Bob Long, summed up the remaining arguments against the amendment succinctly, so I will paraphrase him here:
This zone was originally envisioned 20+ years ago to be the jewel of the Township, something to advertise to those exiting the highway. The development has been slow, but sure, and except for a soon-to-be-constructed self-storage business, has been consistent with the original vision of high-quality commerce. The market being up or down for a particular set of businesses is immaterial, it is not the governing body’s role to pick winners and losers.
As far as traffic is concerned, all 350–400 residents are going to do the same thing the rest of us that live north of 81 do: pile onto 114 and go shopping along the Carlisle Pike, a road that is already a nightmare on it’s best days.
Please deny this amendment. While our Comprehensive Plan is intended to be a living, breathing, document, our zoning ordinances are not. They are meant to protect the residents, ensure sustainable, responsible development, and not be modified by developers as they see fit.
The crowd murmured along to these points and the feeling in the room was openly hostile towards the plan, and to a lesser extent, the developer.
Closing Remarks
The representative from Statewide Partners was given a chance to respond to the comments made, and suggested that the hearing be continued to the next Board of Supervisors meeting so that they may make changes to their amendment to assuage the residents fears (sounding quite nervous I might add). This was met with loud complaints from the crowd, and a murmur that lasted until the representative finished speaking. He accepted making the amendment conditional use, and expressed a willingness to work with the Township on any other changes that would help increase public confidence.
The Vote
Preceding the vote, the supervisors all stated their opinion on the matter.
- Supervisor Laura Brown opposed continuance and the amendment, stating that this is not the appropriate location for apartments, not the intended use of the land, and is tired of tinkering with our zoning ordinances for developers’ sake.
- Supervisor Nancy Konhaus opposed the amendment, stating that she is not interested in putting housing along the interstate, and that that was never the attention of the INT-RG zone. She also added that we do not need to be in a hurry to develop everything right now and that some day there will be a developer willing to utilize that land.
- Supervisor Harry Kotzmoyer opposed the amendment, stating that maintaining the Township’s ordinances is integral to its integrity.
- Supervisor David Lenker, somewhat uncharacteristically, said that did not have a comment. This was met by laughter from the audience.
- Supervisor Carl Machamer stated that he would have liked to review the developer’s changes and solicit advice from Cumberland County before making his final decision.
- Supervisor David Lenker then commented that the township lacks apartments, and that there is also a lack of by-right multi-family zoning.
When asked for a motion by the Chairman Carl Machamer, Supervisor Laura Brown motioned to deny, with Harry Kotzmoyer seconding. All five supervisors voted in favor of the denial, though Supervisor David Lenker was directly asked for his vote by the Chairman, as it was unclear if voted during the calls in favor/against.
Opinion
This represents a shift in behavior from the Board, as before the Trindle Springs Warehouse debacle, an amendment like this would have been passed with little to no fanfare. Now, citizens show up to both Planning Commission and Board of Supervisors meetings to vehemently oppose developer-lead projects and changes to ordinances. The township does lack available housing, though this author feels that it’s an affordability problem, rather than an apartment problem. Too many housing developments have been built with monstrously large (and expensive) single-family homes.
Planning Commission Online Broadcast
Following a residents request, the Planning Commission was instructed to give their opinion on streaming their meetings via Zoom, much like Board of Supervisors. Despite hearing several citizens speak of their desire to have meetings streamed and espousing their benefits, the Planning Commission voted unanimously against streaming. Their reasons for declining to make their meetings available online ranged from the difficulty of conducting hybrid meetings, to the fear of AI voice impersonation.
The public once again voiced their opinions in favor of making Planning Commission and Zoning Hearing Board available to stream. It was pointed out that Pennsylvania Sunshine laws already allow the recording of public meetings without asking for consent, so the concerns about AI voice impersonation are irrelevant. Multiple residents poo pooed the idea that the fear of AI is a valid reason to refrain from virtual meetings, as nerdowells can already commit malicious acts with AI without public meetings being available. Another common theme is that the meeting agenda is often vague, and the meeting notes come out far too late to take action against anything that you oppose.
One member of the public who helps run the No Trade Center website, which is dedicated to cataloging information about the proposed Trindle Spring Trade Center, shared that between the months of August and October, over 5,692 unique visitors came to the site. This, in his eyes, proves that citizens of this township are interested in local government, and would possibly be interested in this streaming option.
Clarence Bouchat, a frequent attendee of both Planning Commission and Board of Supervisors meetings, shared the story that he drove from New Jersey to attend the Planning Commission meeting, and then back to New Jersey, just so he could share his opinion on the matter. With virtual meetings, this commute would be entirely unnecessary. He also pointed out that during the Trindle Springs Trade Center meetings, citizens were turned away at the door due to the room being over capacity according to fire code. These citizens had no other means to communicate their frustration or listen in on the discussion and were effectively deprived of their rights.
Two members of the public utilized the public Zoom meeting to comment on the proposal, both of whom voiced their support for bringing Planning Commission and Zoning Hearing Board online. One member has a child, and cannot physically attend these meetings because she has to care for her and pointed out that bringing her daughter to meetings would be much more disruptive than adding a streaming component. Another decided not to attend physically tonight because members of their household came down with a stomach flu.
The board did not conduct an official vote, but upheld Planning Commission’s decision to refrain from streaming their meetings. They instead instructed staff to look into other means for information disbursement, such as making recordings available without a Right to Know request or providing an unofficial transcript.
HSS Investors Industrial Plan (Hempt Farms Plot)
HSS wanted to discuss providing a fee in lue of sidewalks along Hempt Road. They justified this with the fact that walking trails are going to be installed throughout the properties, and they believe these trails will be safer than the sidewalk. The Township engineer’s estimate for the value of this sidewalk is 80k instead as a gesture of good will.
This was accepted by a unanimous vote following a David Lenker/Harry Kotzmoyer motion.
Removed Trees and Stumps
Trees at the future municipal complex along Woods Drive were removed by Township staff, and now something must be done about the logs and stumps. After some debate between Public Works developer Tyler Fairchild and Supervisor David Lenker, it was agreed to auction the logs off for firewood on the Township website and landfill the stumps.
MS4 Maintenance and Operation
The Public Works department wishes to contract the Township engineer (HRG) to develop an operations manual for maintaining stormwater plantings. This would include removing invasive plants, unclogging drains, replanting bioswales, etc. This would be supported by an extra full-time staff member, whose salary would be predominately paid for by MS4 related grants.
This was unanimously approved following a Laura Brown/Nancy Konhaus motion.
Pennsy Supply Memorandum of Understanding
It was the desire of Pennsy Supply to gather the litany of agreements, settlements, and contracts it has with the Township into a single MOU for administrative purposes. This would also include a new easement between the quarry and sewage treatment plant behind Silver Spring Commons to allow for trail connectivity. Supervisor David Lenker, who sits on the Sewer Authority Board, voiced his concern for a trail along the property as he is worried that children could thow rocks into the sewage pits and damage equipment. This is because the trail would sit at a higher elevation, allowing full view of the plant.
Both Township Manager Ray Palmer and Public Works director Tyler Fairchild emphasized that this is not a guarantee that the trail will go through this easement, only that the Township will have the option of using this easement, and there would be plenty of conversations with the Sewer Authority before any trail is constructed.
The MOU was approved following a Nancy Konhaus/Laura Brown motion, with David Lenker dissenting.
Engineer Update
Township Engineer, Aaron Moyer, updated the board on all major ongoing projects.
Paul Walters Park has finished all earthmoving, and the contractors have moved on to crushing the excavated rocks into gravel. HRG will also begin building out the bid packaged for phase 2 of the park, which includes landscaping, buildings, trails, and tennis courts. Once the grass is grown, the fences around the perimeter of the park will be removed.
HRG is continuing to investigate the Kost Road culvert replacement and road realignment, and should be able to share more at the next meeting.
The new Municipal Campus/Composting site had a historical review completed, and returned a hit. This means that the property will need to be tilled and examined for historical artifacts before any permits can be pulled. Fortunately, a township citizen has offered to till the land for free, saving an estimated $20,000.
Adjournment
At just under 5 hours, the meeting was adjourned at 11:17PM.