Lititz Record Express

              T H E B E S S
SERVING THE WARWICK AREA FOR N E A R L Y A CENTURY
98th Year ESTABLISHED APRIL, 1877, AS THE SUNBEAM
I CONSOLIDATED WITH THE LITITZ RECORD, 19371 Lititz, Lancaster County, PA, 17543, Thursday, January 9,1975 10 CENTS A COPY; $«.00 PER YEAR BY MAIL
WITHIN LANCASTER COUNTY 16 PAGES — No. 42
Hassle Continues over
Selling Borough Water
To Warwick Township
The question of Lititz
selling water to Warwick
Township continues to be a
subject of concern, and in
some instances of con-
.roversy, between officials of
both the borough and the
township.
Lititz Councilman Donald
Stauffer demanded last
month that the matter be put
to public referendum before
Council goes ahead with any
agreement with Warwick
Township, and indicated this
week that he has not changed
his position.
“If the people say sell it
(water), fine, I’ll never say
another word,” Stauffer told
th e R e c o rd -E x p r e s s .
However, he stated that he
does not believe six coun-cilmen
have the right to
make the decision on their
own.
One of Stauffer’s chief
objections was that water
will likely be piped to the
Amos Stoltzfus development
vest of the borough, which is
believed to lie within the
watershed area from which
Lititz draws much of its
water.
Stauffer maintained that
W.;en areas like that have
water, but not necessarily
sewage, there is a good
chance they will pollute the
water system.
Councilman Lester Stark
partially backed Stauffer’s
objections, maintaining that
water should not go in these
areas without sewers.
“It’s essential to have
sewers . . . it (the Stoltzfus
development) lies in our
watershed,” Stark told the
Record this week. He said
that he would not necessarily
object to supplying water to
Pennies Stolen
From Sub Shop
Herb Zinzer, proprietor of
Herb’s Sub Shop, 49 N. Broad
St.- was the recent victim of
a burglary and theft on his
store’s premises sometime
between Dec. 31 and Jan. 5.
Zinzer reported to police
the theft of a roll of wrapped
pennies, a bag of pennies
valued at $30 and $5 worth of
loose pennies from the up­stairs
business area.
Investigation revealed
that the burglar(s) entered
the building through a kjplar
window. Assistant chief
Fritz is continuing the in­vestigation.
Citizens Band Radio
A citizens band radio was
stolen from the automobile
of Donald M. Weller, 132 S.
Spruce St., on Dec. 26 or 26,
according to Lititz police.
Officer Sandhaus, in­vestigating
the theft,
reported that the thief
gained access to the radio by
opening a door in the car
with a coat hanger that he
inserted through a window to
pi«A the lock.
'The radio is described as a
Layfayette Micro-723 23
channel citizens band radio
and is reputedly worth
$119.95.
tabbits Run
Into Trouble
Wild rabbits running
across the lawn are one
thing, but when the neigh­bors
of Beverly Earhart, 49
E. Lincoln Ave., started
seeing her pet rabbits out for
their morning constitutional,
they felt it was time to
complain.
Consequently, >on Jan. 2,
Ms. Earhart was charged
with letting her rabbits run
a t large by Police Chief
Hicks and sent a citation to
that effect.
In Ibis issue
Business Directory 13
Church News 12
Classified Ads 15
Editorial Page 4
Sports Section 6,7
Women’s 10,11
the township so long as
sewers were also installed in
critical areas.
One of the apparent
hangups at this point is
whether a binding
agreement on supplying
water exists between the
borough and the township.
There is a letter of intent
that was sent by the borough
to the township in 1971, in
which Lititz agreed to fur­nish
up to 500,000 gallons of
water a day to Warwick, but
according to Boro Manager
David Anderson, this does
not really constitute a legally
binding agreement.
However Marvin Feiler,
chairman of the township’s
Water Authority, takes a
different view of the
borough’s commitment.
Feiler said that in 1971 the
township asked Lititz if it
would supply it with water,
and that the borough replied
“yes” in a letter which also
quoted rates at which water
would be sold.
Feiler said that the
township wrote to the
borough again last year
saying it would take the
water “in the future,” and
asking if the offer was still
good. He said the township
was told that the offer stood.
Feiler said that it was good
through July 1, 1975.
Although no actual
agreement has been signed
by both parties, Feiler said
this week that the solicitor
who represents both the
borough and township has
drawn up an agreement and
is scheduled'to 'deliver it to •
Boro Council this week. The
agreement will include items
such as type of water
meters, location of meter
pits, etc., he said.
“There’s no question that
we’re going to get water,”
Feiler said. It will be
available to “whoever wants
to pay to have the water lines
put in,” he said.
Meanwhile, if Stauffer
gains enough support on
Boro Council to force the
issue to a public referendum,
and if Lititz should vote
against selling water to
Warwick Township, there
conceivably will be legal
tangles over whether this
r e f e r e n d u m t a k e s
precedence over the
borough’s letter of intent and
verbal agreements with the
township.
Stauffer “promised” last
month to fill Council
chambers on Jan. 28 with
citizens opposed to selling
water to the township, and
indicated he will fight
against signing any
agreement with Warwick
until the public is heard from
on the issue.
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Opens
By Peggy Frailey
Moravian Manor, full care
nursing facility at 300 W,
Lemon St., opened its doors
with a flourish Friday
morning to welcome its first
five guests to the new
residential wings.
Dignitaries from the
Moravian Manors, Inc.
Board of Directors, and from
the Eastern Region of the
Moravian Church were on
hand for the ceremonies,
along with the home’s ad­ministrator,
Burr W. Beard,
and directress of nursing,
Mrs. Shirley Thorn.
Groups of local residents
and visitors from other areas
also toured the new facility
throughout the day.
The first guests, who took
up residency Friday mor­ning
in the retirement
community, were Miss
Annie Hoke, York, Mrs.
Betty Hess, Lancaster, Mrs.
Caroline Lucht, New York
City, Mrs. Helen Seely,
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The first three guests to arrive at
Moravian Manor on Friday morning
were (left to right seated) Mrs. Betty
Hess, Mrs. Caroline Lucht, and Miss
Annis Hoke. With them in the home’s
craft and activities room is Edna
Haak, who is director of activities at
the home. Ms. Haak spent several
years in Sweden in this type of work
and currently spends part of her
week at Elizabethtown College.
Local Baiter Gets Okay to
Open Shop on South Cedar
Rev. Edward Swavely, retired Moravian minister
from Emmaus, was among residents arriving at
Moravian Manor on opening day last Friday. Currently
vice-president of the Moravian Historical Society at
Bethlehem, Rev. Swavely has been spending several
hours everyday in the library at the new home.
Moravian Manor
Monroe C. Wonder, Jr. got the go-ahead Monday night
to open a barber shop in a house he wants to buy at 301 S.
Cedar St.
Lititz Zoning Hearing Board chairman, Devo Bear,
stated on Monday that the three-member Zoning Board
had reached a unanimous decision on Dec. 27 to grant
Wonder a special exception.
Upon questioning from a member of the audience at the
hearing, Bear said the vote had been taken during a
“private meeting” on Dec. 27. Although one member of
the Board, Robert Derek, was not present Monday night,
Bear said the Dec. 27 vote had been unanimous.
Residents of the South Cedar Street area had opposed
Wonder’s plans last month and had presented a petition
against the barber shop.
Those opposed said the shop would cause a depreciation
in their property values, create a more crucial parking
problem in the area, and establish a precedent for
granting further exceptions allowing commercial
establishments in residential areas.
Bear said the Board’s decision to approve Wonder’s
request was based on the following reasons:
1. The petition from residents opposing the shop were
not entirely factual.
2. The shop will be subject to state regulations and to
licensing.
3. The borough now has 80 percent of its barber shops
and beauty shops operating from private homes.
4. With restrictions, the shop will not be detrimental to
the neighborhood.
The restrictions are that two off-street parking spaces
be provided in the rear of the shop, a light at the entrance
be shielded on the south side to prevent it from glaring on
adjacent properties, a minimum of two signs be erected,
one at the front and one at the rear, indicating the en­trance
to the shop, and that the shop be open Tuesday
through Thursdays from noon to 8 p.m. by appointment,
and from noon to 8 p.m. on Fridays and from 9 a.m. to 3
p.m. on Saturdays.
About 12 persons were present to hear the decision.
When asked if discussion was permitted after the ren­dering,
Bear said “no,” the decision was final, but was
subject to appeal in the county courts within 30 days.
Wonder, who lives at 320 Owl Hill Rd., owns and
operates Hershey’s Barber Shop at 77 Front St., a family-owned
shop that reportedly is slated to close in the spring.
Wonder wants to relocate both his residence and his
business at ihe ¿»oath Cotiur Sheet address.
Art Gallery
In further business the Board approved a request from
Albert W. Taft, 413 N. Water St., for a special exception to
substitute an art studio for a food distributor business he
formerly conducted from his home.
Taft said he plans to continue operating his food
business for .awhile from another location. He told the
zoners that he wants to turn his basement into a gallery
where other artists can display their work and offer it for
sale. He said he will possibly sell art supplies at some time
in the future.
He said he also plans to offer the gallery as a meeting
place for the Village Art Association.
Taft’s gallery will be the only such place in Lititz.
Currently artists display their work in lobbies of local
banks and restaurants.
The special authorization was granted with the
stipulation that the gallery be open from 9 a.m. to 9 p.m.
Mondays through Fridays, from 9 a.m. to 5 p.m. Satur­days,
and not at all on Sundays.
It also was stipulated that existing lights or those
erected on the property in no way glare on adjacent
properties, and that if a sign is erected, it be no more than
two square feet in size and if lighted, does not glare on
adjacent properties.
The Board postponed a request from Jere B. Eshelman,
100 E. Tabor Road, Philadelphia, for a special exception
to establish a dental clinic in a residence at 410 Woodcrest
Ave.
Eshelman was represented by his mother, Mrs. Charles
Eshelman, Lititz, who asked zoners for approval to put an
addition onto the house, an approval which she said her
son wanted before he went ahead with plans for his office.
The property formerly had been used by Dr. Howard
Minnich as a residence and dental office, under a non-conforming
use. Zoners noted, however, that the “non-conforming
use” authorization had run out more than two
years ago, and they questioned whether it legally could be
re-established.
Zoners also noted that while the zoning ordinance allows
for “clinics,” it does not state what restrictions can be
placed on a clinic.
Bear stated that the board wants to see plans con­cerning
drainage, parking, etc., before it approves any
request for an addition to the property, and also asked
that Eshelman submit the request himself at its next
session.
Westwood, N.J., and the
Rev. Edward Snavely,
Emmaus.
By the end of this week,
about 25 people will have
moved into the residential
wings, Beard said. Present
capacity of the residential
wings is 50 persons.
Two cottages in the
complex have been occupied
for a month and the first
skilled nursing care wing,
with 26 semi-private rooms,
is expected to be ready for
occupancy by the end of the
month.
Construction of ap a rt­ments
south of the main
building is expected to start
this summer and a second
skilled nursing care wing
also is slated for con­struction
this year.
The total concept, ex­pected
to cost about $5
million, will make up a 428-
bed campus, including 84
cottages, 144 skilled nursing
[Continued on Page 16|
Lititz Zoning Board Decision May
Test State’s New ‘Sunshine Law’
A Lititz Zoning Hearing
Board decision, now being
appealed in Commonwealth
Court, may prove to be the
first case in Lancaster
County, and possibly the
state, to raise the question of
whether zoning hearing
boards fall under the
retrictions of the new
“Sunshine Law.”
The question of whether or
not a zoning board can go
into closed executive session
to make a decision is part of
an appeal that was made by
Carl Enck following a Lititz
Zoning Board decision last
fall that he (Enck) was in
violation of the zoning or-dinance
in the operation of a
rooming house in the former
Enck’s Country Market at
320 S. Broad St.
William Crosswell, the
borough’s solicitor, said this
week that the question of
whether zoning boards can
operate in this manner is still
an “ unresolved question.”
The “ Sunshine Law”
exempts judicial bodies or
branches from its restric­tions.
However, no precedent
case has yet established
whether zoning hearing
board is a judicial branch,
Crosswell said.
According to Crosswell, a
zoning hearing board has “a
lot of characteristics of a
judicial branch at least of a
quasi-judicial body.”
Under the Pennsylvania
Municipalities Code, a
zoning board has to publish
notice of its hearings,
Crosswell said. However,
zoning boards are also
permitted 45 days to render a
decision under the planning
code, he said.
Crosswell said the Enck
case probably will come up
in court in February. He said
that the borough has turned
over to the court testimony
from hearings held in Lititz
on the case.
Should the courts rule that
zoning boards are not
exempt from restrictions of
the “Sunshine Law,” the
recent hearings on the
Monroe Wonder case, in
which a local barber sought
a special exception to open a
barber shop in a private
home in a residential district
of the borough, will also be
affected.
The three members of the
Lititz Board voted on this
case during a private session
Dec. 27 and rendered its
decision, without permitting
discussion, during a public
hearing last Monday.
Parking Lots Hit By Thefts
Three local residents have
been recent victims of thefts
involving movable property
stolen from automobiles
parked in Lititz parking lots.
On Dec. 23, sometime
between the hours of 8 a.m.
and 6 p.m., the hub caps on
the passenger’s side of a car
belonging to Dale Drewen,
RD1, were stolen as the
Drewen car was parked at
the rear of the Trudi-K Shop,
48 E. Main St.
On Dec. 24 at 9:25 p.m., a
witness saw two teenage
boys drive into the parking
lot of the operations building
of the Farmers First Bank
on E. Main St., get out of
their car and remove the
wiper blade from a parked
car. The parked car
belonged to Dianne Miller,
RD1.
Rotary Travel
Series Saturday
The Lititz Rotary Club will
present the third in its series
of Travel and Adventure
programs on Saturday, Jan.
11 in the Warwick High
School auditorium at 3 and 8
p.m.
“Invitation to Hawaii” is
the title of the film. Ray
Will hfli frh?: ?*nrr‘5?t'0 »*.
The witness could give
police only a brief
description of the offenders,
and police are still in­vestigating
the theft.
Sometime between the
hours of 5 and 9:15 p.m. on
Jan. 3, theives stole a case of
beer from the unlocked car
of Virginia Leicy, Rabbit Hill
Rd., Rothsville.
The Leicy car had been
parked in the Lititz Bowling
alley parking lot when the
theft occurred. Police are
still investigating.
Chest Board
Meets Jan. 13
The L ititz -W a rw ic k
Community Chest Board will
meet at the Lititz Com­munity
Center at 7:30 p.m.
Monday, Jan. 13.
Harold Swisher, president,
will preside at the meeting.
An election of new officers
will be conducted.
The Chest Board expresses
its appreciation to the
churches and organizations
for their gifts and con­tributions
which were
distributed to those in need
in t.he area.
State OK’s Lititz as
Bicentennial Town
Lititz has been approved as a Bicentennial Community,
the Bicentennial Commission of Pennsylvania announced
this week.
It was one of six communities approved this week,
bringing the total in Pennsylvania to 71 communities
listed as participants in the nationwide program. The
program is sponsored jointly by the Commission and the
American Revolution Bicentennial Administration,
Washington, D.C.
“The Bicentennial Communities Program is an effort to
involve as many communities and citizens of Penn­sylvania
s possible in the celebration,” said Lt. Gov.
Ernest P. Kline, chairman of the Commission. “We are
delighted to approve these programs, and have forwarded
them to the ARBA for its action and their recognition as
National Bicentennial Communities.”
Through this program all qualifying communities of
every geopolitical structure and size have an opportunity
to attain state and national recognition for their Bicen­tennial
efforts.
“The designation, Bicentennial Community, allows that
community to use the national Bicentennial symbol in
conjunction with their local commemoration of our 200th
year as a nation,” said the Lieutenant Governor.
To be recognized as a Bicentennial Community, four
things must be done by a local community. They are:
1. Organize a special Bicentennial planning and coor­dinating
committee which is representative of all
segments of the community.
2. Plan a program which has at least one lasting
reminder of the special effort the community undertook
for the commemoration.
3. Obtain approval of the Mayor, or chief executive
officer of the governing body of the community.
4. Submit the application through the Bicentennial
Commission of Pennsylvania, to be forwarded to the
national American Revolution Bicentennial Ad­ministration.