East Cocalico impact fee questioned

By on September 26, 2012

By: ALICE HUMMER Review Correspondent, Staff Writer

Wyomissing attorney James Gavin, representing Nick and Gorge Barakos from Kyma Restaurant, told East Cocalico supervisors at their Sept. 19 meeting that putting an awning over their existing deck has no impact, like a housing development, and should not be charged an impact fee.

"There are 74 seats on the deck," Gavin said. "Covering the deck with an awning results in no new seating."

"This fee is keeping them (the Barakos brothers) from getting a zoning permit, which impacts moving forward with the project before the weather gets cold," said Gavin.

"Our solicitor is looking into this," chairman Doug Mackley said. "We need to gather information (prior to rendering a decision on the matter)."

Later in the meeting, zoning officer Tony Luongo noted that Kyma’s roof project was started without any permitting, which is required for such modifications.

"This situation will be on the Oct. 3 meeting agenda," Mackley said.

In other business, supervisors approved a Trash-a-Thon collection for five hours on Oct. 11 (rain date: Oct. 18) for Lititz Area Mennonite School. The students, staff and parent chaperones work a five-hour day, returning to the school with their trash bags, which are loaded on PennDOT trucks.

"Their safety regulations are extensive, and they always follow them," said Mackley.

"I think it’s nice that they do this." said supervisor Noelle Fortna.

The Stewart annexation plan was approved for a security reduction, pending completion of items in the Becker Engineering letter.

Luongo reported that the new false alarm ordinance has been tested and is working well.

"We had eight false alarms last month; one was a repeat, and the first fine was sent out," he said. "It was returned and paid."

Luongo said there is one zoning hearing scheduled for October.

"Mr/Mrs. Josh Brubaker, 700 Hill Road, Stevens, are requesting a special exception for a rural occupation," he said.

The property is zoned Conservation.

Two properties were posted as unsafe for human occupancy due to lack of utilities and abandonment by the owners. The township is cutting the grass on each property. One property is located at 30 Oak Lane; the other at 26 Homestead Lane.

Luongo attended two Uniform Construction Code courses held in West Lampeter Township.

Supervisor Alan Fry reported on the process to secure video surveillance for the township building and pool.

Mackley announced that supervisors would go into executive session for "contractual obligations."

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