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NORMAN BERMAN v. MANCHESTER TOWNSHIP ZONING HEARING BOARD (04/14/88)

decided: April 14, 1988.

NORMAN BERMAN, APPELLANT
v.
MANCHESTER TOWNSHIP ZONING HEARING BOARD, APPELLEE



Appeal from the Order of the Court of Common Pleas of York County, in the case of Norman Berman v. Manchester Township Zoning Hearing Board, No. 86-SU-02985-08.

COUNSEL

Peter D. Solymos, Kagen, Griffith, Strickler, Lerman & Solymos, for appellant.

William B. Anstine, Jr., Anstine & Anstine, for appellee.

Judges MacPhail and Colins, and Senior Judge Narick, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 115 Pa. Commw. Page 340]

Norman Berman (Appellant) appeals an order of the York County Court of Common Pleas which affirmed a

[ 115 Pa. Commw. Page 341]

    decision of the Manchester Township Zoning Hearing Board (Board) to deny Appellant's request for a special exception. We affirm.

Appellant owns a 76.7 acre parcel of land along Greenbriar Road in Manchester Township, York County, located partially in an R-1 (residential) zone and partially in an A (agricultural) zone. He applied for a special exception from the Board, pursuant to the Manchester Zoning Ordinance (Ordinance), to construct 93 structures on the property, each containing two dwelling units. Following public hearings before the Board on June 4, 1986 and July 2, 1986, the Board denied Appellant's application based on the following Ordinance provision:

SECTION 1425. General Standards for Special Exceptions. . . . The Board shall make the following findings, in writing, when relevant in a given case, either from the evidence presented at the hearing, or from a study and report prepared by the Planning Commission, the Township Engineer, or other competent technical consultants:

C. That the grant of the special exception shall not materially increase traffic congestion in the roads and highways. . . .

Appellant appealed the Board's decision, and the common pleas court directed the Board to file more specific findings of fact on the failure of the special exception application to satisfy the Ordinance requirements. The Board issued additional findings of fact on the increase in traffic that would result from Appellant's proposed development, and concluded that the increase ...


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