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APPEAL ESTATE CHARLES ACHEY FROM DECISION MANOR TOWNSHIP BOARD SUPERVISORS (12/11/84)

decided: December 11, 1984.

IN RE: THE APPEAL OF THE ESTATE OF CHARLES ACHEY FROM THE DECISION OF THE MANOR TOWNSHIP BOARD OF SUPERVISORS, THE EXECUTORS OF THE ESTATE OF CHARLES ACHEY, APPELLANTS. IN RE: THE APPEAL OF THE ESTATE OF CHARLES ACHEY FROM THE DECISION OF THE MANOR TOWNSHIP BOARD OF SUPERVISORS, COLONIAL MANOR ASSOCIATION, APPELLANT


Appeals from the Order of the Court of Common Pleas of Lancaster County in case of In Re: Appeal of the Estate of Charles Achey From the Decision of the Manor Township Board of Supervisors, Trust Book No. 48, Page No. 140.

COUNSEL

Charles E. Zaleski, Tive, Hetrick & Pierce, P.C., for appellants, Executors of the Estate of Charles Achey.

Robert S. Bennett, Jr., Trevaskis, Bennet & Slama, with him, Thomas L. Goodman, for appellee, Manor Township Board of Supervisors.

Melvin E. Newcomer, Allison & Pyfer, for appellee, Colonial Manor Civic Association.

Judges Craig and Barry, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 86 Pa. Commw. Page 387]

The Estate of Charles Achey (Landowner) (Appeal No. 3407 C.D. 1983) and Colonial Manor Civic Association (Association) (Appeal No. 3545 C.D. 1983) have filed cross appeals here concerning a decision of the Court of Common Pleas of Lancaster County which denied the Landowner a conditional use permit for a mobile home park.

On November 4, 1981, the Landowner filed an application with the Board of Supervisors of Manor Township (Board)*fn1 for approval of a conditional use permit, pursuant to Section 704 of the Manor Township Zoning Ordinance. He intended to develop a mobile home park on approximately 113.8 acres of land in the Township. After conducting hearings, the Board denied the application, and he then appealed to the common pleas court which, after denying his motion to supplement the record and granting leave to intervene to the Association, affirmed the order of the Board. The instant appeals ensued.

In a zoning case, where, as here, the court below took no additional evidence, our scope of review is to determine whether or not the zoning board committed an abuse of discretion or an error of law. Appeal of Gillies Corporation, 59 Pa. Commonwealth Ct. 526, 430 A.2d 694 (1981). The existence of a conditional

[ 86 Pa. Commw. Page 388]

    use provision in a zoning ordinance, of course, indicates legislative acceptance that the use is consistent with the zoning plan and should be denied only when the adverse impact upon the public interest exceeds that which might be expected in normal circumstances; where an applicant complies with the ordinance's specific requirements, the burden then lies upon the objectors, and the township is required to grant the conditional use unless it can be shown to a high degree of probability that the use will adversely impact on the public interest; and the mere possibility of adverse impact is not enough. Brentwood Borough v. Cooper, 60 Pa. Commonwealth Ct. 462, 431 A.2d 1177 (1981).

No. 3407 C.D. 1983

The parcel of land in question here is located in an area of Manor Township which is zoned as a medium-density residential district. Section 704.a of the Manor Township Zoning Ordinance (Zoning Ordinance) specifically provides for mobile home parks as a conditional use in such a district, and ...


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