The HA Hanover Holdings LLC school bus depot is seen on South Main Street, Hanover Township.
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WILKES-BARRE — It wasn’t the beeping noises, smell, exhaust fumes or increased traffic but the difference between “dimensional variance” and a “use variance” cited by a Luzerne County judge who ruled the Hanover Township Zoning Board mistakenly permitted a private school bus company to operate in a residential-zoned district.
The 15-page decision by Judge Richard M. Hughes III favored an appeal filed by Attorney Mark P. McNealis, of Hunlock Township, on behalf of 17 property owners near the disputed property, 250 S. Main St., in the Preston section of Hanover Township.
McNealis said Thursday he had not received Hughes’ decision when contacted by the Times Leader, but was pleased to hear of the outcome.
McNealis in November filed the appeal challenging the township zoning board’s 3-2 ruling that granted HA Hanover Holdings LLC, a for-profit business, a special exception to continue a “non-conforming use” to operate a school bus depot on a 1.7-acre parcel zoned residential.
The zoning board further granted a variance to allow HA Hanover Holdings to construct a garage on the property.
HA Hanover Holdings received the zoning board’s approval following a public meeting Sept. 20, despite hearing objections from residents living in the area.
During the public meeting, Richard Andrejko, a principal with HA Hanover Holdings, said the buses would not create dust, pollution or excessive noise while proposing plans to re-configure the property to have buses pull into the depot from a rear entrance to avoid backing up.
HA Hanover Holdings was represented by Attorney Kevin M. Walsh Jr., who could not be reached for comment Thursday.
In his decision, Hughes wrote that Andrejko met satisfactions dealing with noise, smell, exhaust fumes and dust by pledging to improve the property once under complete control of HA Hanover Holdings. Andrejko had stated he entered a sales agreement to purchase the property from its owner.
Prior to the parcel becoming a school bus depot, the property was used for storage of recreational vehicles, campers, boats and trailers, and a building on the land once sold tarps.
Andrejko said during the Sept. 20 public meeting that the school bus depot would be no different from the storage yard as both involved the movement of vehicles.
However, Hughes noted there was a difference as the movement of vehicles in storage was an occasional activity, while school buses would be the chief activity scheduled to begin operations at 7 a.m. and continuing through late afternoon Monday through Friday.
Hughes further ruled the zoning board’s decision granting the school bus company to operate in an R2 zoning district is a “use variance” rather than a “dimensional variance.”
Hughes defined a use variance as using property in a manner that is outside zoning regulations, while a dimensional variance involves a request to adjust zoning regulations.
Attorney John T. Zelinka, who represents the Hanover Township Zoning Board, could not be reached for comment Thursday.
The zoning board and/or HA Hanover Holdings have the option to appeal Hughes’ decision with the Pennsylvania Commonwealth Court within 30 days.