Judge hears arguments in appeal of Penn Forest zoning decision

Property owners from a community in Penn Forest Township were in court last week to appeal a zoning hearing board decision allowing the operation of a camp near their homes.

Sunrise Ridge Property Owners Association has appealed the zoning board’s decision from May which allowed Scott Dietrich to rent four tent campsites and four cabins on his property.

On Thursday, Judge Joseph Matika heard arguments in the case.

The attorney for the property owners association, Geoffrey Worthington, argued that the zoning hearing board failed to do its job. Worthington said the board didn’t look at all the requirements in the township’s zoning ordinance.

The camp use is a special exception in the R-2 zoning district where Dietrich’s property is located. The board ruled that Dietrich met all the requirements for a camp. But there are a separate set of requirements for any special exception. Worthington said the board’s decision doesn’t include any evidence that Dietrich met those requirements.

Dietrich’s attorney, Robert Frycklund, said the project meets all the criteria for a special exception, even if the specific requirements weren’t listed in the zoners’ decision.

Worthington said the law states that the judge hearing the appeal should decide whether the requirements were met.

Matika also heard arguments on other issues in the case.

Dietrich’s attorney argued that the property owners waited until after a 30-day deadline had passed for them to submit their appeal.

Sunrise Ridge’s attorney said they missed the deadline because the zoning hearing board didn’t send them a copy of the decision. They only received it after sending two letters to the zoning hearing board. They said the 30-day appeal period didn’t officially start until they received the written reply.

Following the hearing, residents said their issues with Dietrich’s property go beyond what is being discussed in court.

Planning commission chairman Bill Miller said his board recommended that the zoners reject the plan. He said he didn’t feel that Dietrich met the requirements to get approved for the camp use under the township’s ordinances.

Township resident Darren Reinart said other developments in Penn Forest Township should use this case as a warning.

“If this is allowed to go through, they’re gonna be next,” Reinart said.