Cumberland Township Planning Commission Recommends that Supervisors Give Up Zoning Responsibility to the State

[Susan Star Paddock]

Cumberland Township Planning Commission: “The State Will Take Care of It”.

The casino attorneys asked Cumberland Township Supervisors to give them a blank check zoning, or “use permitted by right”. The Supervisors agreed, but the Planning Commission disagreed... until tonight.

At the last Planning Commission meeting on Feb 22, they had decided that Conditional Use Zoning with specific use criteria was the most appropriate. This is the type of zoning that would have required the developer to present his plans and show that the project meets the needs of the community. Conditional use zoning is standard for any project of any size at all. At that meeting the Planning Commission had decided to go with conditional use but did not have adequate time to complete their task.

At that Feb meeting about 12 Cumberland Township resident casino opponents attended, and a letter from a No Casino Gettysburg attorney was presented which argued for conditional use zoning. The letter included the conditional use zoning that Wyomissing had passed for a proposed resort casino license in their community. At the same time, the Adams County Planning Office had completed its review and also recommended conditional use zoning. The Commission tabled the issue in order to clarify the specific use criteria needed. They were to vote on it on 3/11/2010.

The Planning commission is advisory only, so there can be no legal conflict of interest according to the State Ethics Committee. However, Jim Paddock recused himself from the vote on 3/11 because of a perceived conflict due to his No Casino Gettysburg activities. On 3/11/10, one half of the room was filled with 8 Pros, including the Goldens, Jeff Klein,Tommy Gilbert and Richard Kitner. Except for the Goldens, I don’t know whether all these people are residents of Cumberland Township. They were all wearing new, large Pro-Casino buttons. Remember, the public comment was allowed in the previous meeting, not this one.

With one member, Dennis Hickethier, on vacation, and Jim recused, a 3 member panel was left. Two of them, Chairman Jim Henderson and member Barry Stone, began to carry through with the recommendation of conditional use, but the third, Carl Schmick, made a statement that he had been studying all that the PGCB requires of an applicant. Shmick argued that the state had such broad oversight that there was no need for the Township to have conditional use requirements. “I have a comfort level that the state has these items covered.”

The other two members accepted the argument, and the bottom line was that they decided to give up their plans for conditional use zoning. “The State will take care of it”

So tonight the Cumberland Township Planning Commission voted to allow “permitted use” zoning “as of right” or blank check zoning for the casino. There are no conditions with this type of zoning. No plans are required, and no safety measures either.

Jim Henderson pointed out that, “People can testify to the State.” What an interesting counterpoint to the Pro’s argument that local control is what they want. They were all delighted with the “leave it to the state” philosophy in this case.

To me, this was an abdication of responsibility to the citizens of Cumberland Township.

Blank check “as of right” zoning is zoning without any requirements and provides little protection for the taxpayers and residents of Cumberland Township. The investors love it because they don’t have to tell much about what they want to do. The planning commission gave up the right to require a hearing and to place any requirements on any developer.

If this is indeed "the biggest" project ever it ought to have some scrutiny. There are numerous questions:

1. The investors’ law firm wrote the proposed zoning change which would allow ANY type of casino ANYWHERE in ANY part of Cumberland Township’s 7 Mixed Use Areas without the requirement for a special exception or any detailed compliance requirements. The Cumberland Township Mixed Use areas include areas along Fairfield Road, Rt. 30 West, along Biglerville Road and along Old Harrisburg Road. Although a category III casino is proposed now, we have seen that whenever the PA government needs money it proposes changes to the law permitting larger facilities and more facilities. In fact the law has changed since the investors zoning request letter to the Township which describes this as a 500 slots casino. Current law permits a Category III casino to have 600 slots and 50 table games, increased to 65 table games during 12 poker tournaments a year. Even though this particular resort casino is likely to be rejected by the Pa Gaming Control Board, giving this investor “blank check” zoning allows the investor or any future investor, free zoning when other licenses and types of licenses become available. Investors could apply again to the state for a much larger casino, or a different type of casino and locate it in any of the 7 mixed use areas without further zoning requests for this use. Casino zoning should be specific, not general, and require conditional use or special exception requirements and approval only.

2. The Eisenhower Inn and All Star Complex property is located ½ mile from the border of the Gettysburg National Military Park. That proximity and its location along the Journey Through Hallowed Ground, makes it a highly controversial project, with significant opposition from the community, state and nation, including from four major historic preservation groups. Such a major use and major change in use requires more than a blank check.

3. People have heard that the casino portion will be located in the All Star Complex itself, depriving local youth of recreation in inclement weather.

In the request letter from the investors’ attorney and on the Mason Dixon Resort and Casino website all the youth oriented recreational activities currently available in the All Star Complex and on the property are included as amenities to prove that this is an established resort to the Pa Gaming Control Board. These activities include “a wide variety of recreational facilities including miniature golf, a go-kart track, paddle boats, batting cages, a driving range, virtual golf, billiards, an arcade, indoor soccer, volley ball and basketball.”

Youth sports leagues, resident families, family tourists and family friendly community events such as Adams County Home Show, Children’s Health Day, Dog Shows, Civil War Exhibitors currently use the All Star Complex.

How can the casino co-exist in the same building or even share the same parking lots with these activities? Either they will be eliminated, converted to all adult activities, or the casino investors hope that the youth activities can co-exist with the adults-only casino and its free alcohol, permitted indoor smoking, etc. Don’t Cut out kids for a Casino!

4. The investors have offered NO specifics as to development of the 100 acre property and are telling the township in a letter that

“In order to facilitate such permitting, no changes are proposed initially to the footprint of any building on the Eisenhower Hotel property (only interior alterations are necessary)” Initially must mean long enough to get the zoning they need. We need full disclosure before zoning. We know what they want initially...what do they want the week after?

5. The casino is planned on a rural two lane road. How will that impact traffic patterns? We understand the investor’s did a traffic study in January, certainly not a typical month. Where is the traffic study?

6. Apartments and condos are on the Eisenhower Inn Property. Will these 80 individuals and families lose their homes? What are the plans for the residents of Devonshire Village?

7. Sufficient water for the proposed casino is a concern, since the land is diabase (wells do not recharge or re-fill with water quickly) and may not support additional use. We have heard that The Eisenhower Inn trucks in water in dry times. If there is NOT enough water when the land is zoned for a specific use, Cumberland Township taxpayers may have an obligation to pay for the additional water access, including capital expenditures, sewer upgrades and maintenance. People who live on that route may have the expense of connecting to public utilities if those are brought in. There should be a water study and agreement about paying for water.

8. The existing sewer system for the site is questionable. Shouldn't there be a sewer study and clarity about payment?

[J. Peterman]

You're absolutely right, Susan. It will be won on the state level. But even if won this time, there should never be a zoning application "as of right." There will be a future in Cumberland post this process, one hopefully without a casino, but you never know. And if it is lost, what government authority wants all things dictacted from above. It's something I just don't understand and hope the supervisors will override the planning commissions recommendations. The only way we've stopped some bad ideas down here in SE PA is through the conditional use process; and at worst you can minimize the problems and make any project better. At least that's the hope.

[Susan Star Paddock]

There are people in the Township who are concerned and particularly neighbors of the proposed casino. I don't expect much change in Cumberland, no matter how many people protest. We'll win this one at the state level. But it is worth it to stand up for a correct process. No project of this size and impact should be "as of right".

[Elaine McKnight]

Susan you are so correct.

I cannot understand why the Planning Commission voted as they did. Maybe the Supervisors can override their decision and save the other areas that are also under Mixed Use. If the Supervisors do not override that decision anyone including new investors can come into Cumberland Twp. and construct a gaming facility anywhere else Cumberland has Mixed Use shown in the zoning ordinance if they are given a license to do so.

Is anyone paying attention in Cumberland? Will the taxpayers be allowed to make comments, suggestions etc or speak about anything at the next supervisor meeting? Must you be a resident of Cumberland to comment?

[Susan Star Paddock]

If you are a resident or property owner of Cumberland Township or if you are from a nearby location like Freedom Township, which borders the Eisenhower, AND if you can get off during the morning, please come to the Cumberland Township Supervisors Public Hearing on casino zoning on this Thursday March 18, 9:30 AM to testify about your thoughts. And don't forget our meeting that same night at 7pm at the Gettysburg Fire Hall!

[Dani Costa]

Yea, wow, I must say I am surprised...but then again, after the last debacle, I think people are afraid to take a position on this, for or against. I mean, I understand Deb Golden and Jim Paddock taking a step back from this because of their respective closeness to the situation, but everyone else? What's their excuse? You just pass the buck to Harrisburg? Are you kidding me? Where are your guts? I know Susan doesn't win any popularity contests in town with a few folks, but you have to give credit where credit is due and at least she has the courage to stand up, speak out and fight for what she believes in, even if you disagree with her position. Is Gettysburg aware of the knuckleheads in our state's legislature? You are giving your decision making duties away to our state government? Is there anyone in all of Gettysburg who has a clue as to what is going on as far as local government?
And I must comment on that poll that LaTorre was touting about....even pro casino folks said there were "leading" questions being asked. When this poll comes down the road, are folks going to get to see ALL of the questions that were actually asked?

[J. Peterman]

I'm sorry, but this is an abdication of the responsibility of the planning commission as well as the board of commissioners. They have basically given up their right to control much of anything without the conditional use zoning. No control over signing, over lighting, over water use, or anything. They gave away the right of the local citizens of Cumberland Township to have any say in a hearing in their community, one everyone could get to, not up in Harrisburg where they will not be very concerned about any of the specific issues, only the oversight. What is wrong with folks in local government or government at any level right now. You want these positions, then you don't want to use them. And I realize this is a big deal and by giving up the conditional use you can't be blamed if things go wrong. But that's why you are an official tasked with making decisions. If you don't want to do that, then why serve. There needs to be a serious discussion, even past the casino issue, or why the Gettysburg area townships and borough haven't taken advantage of the regional zoning law the state passed several years ago, that could help the townships and borough with the "fair use" arguments and shepherd certain projects into appropriate areas. That could limit high density zoning, because fair share is now shared with the region, not just an individual township. Gettysburg will be under siege over the next twenty years, once this recession period ends, with or without the casino. Worse with it. It will be the area of development pressure that might rival the area around Valley Forge or Manassas. The time is now for local government officials to step to the plate, not abdicate their responsibilities.