Penn Forest won’t intervene in camping dispute
The Penn Forest Township board of supervisors has agreed to stay out of a zoning dispute between a homeowners’ association and a part-time resident who rents campsites on his 400-acre property.
The supervisors agreed Monday night that they will not intervene in a zoning appeal filed in Carbon County Court by the Sunrise Ridge Property Owners’ Association against Scott Dietrich.
The Sunrise Ridge residents are asking the court to overturn a decision by the township zoning hearing board allowing Dietrich a special exception to operate eight camp sites in an R-2 residential zone.
Dietrich owns property bordering Lehigh Gorge State Park.
Dietrich advertises sites on the website tentrr.com under the names “Bear Creek Retreat” and “A Creek Runs Through It.”
The supervisors could file a petition to intervene and become a party in the suit, like they did in the zoning appeal filed by a wind farm developer whose plan was denied by the zoning hearing board last year.
But Chairman Warren Reiner said that the supervisors should stay out of the appeal regarding the campsites.
“We’re not gonna go with it. Whatever the hearing board does, that’s what they’ll do. We’re not going to interfere in the hearing,” Reiner said.
The suit, filed June 19, states that the zoning hearing board’s decision was arbitrary, unreasonable, and an abuse of the board’s discretion.
In its filing, the homeowners’ association alleges that the zoning hearing board only looked to see if Dietrich met the list requirements to operate a “camp” use in a residential zone.
The homeowners said that is a problem because the board didn’t consider another list of requirements in the ordinance, which apply to any request for a special exception.
The homeowners’ association filed their appeal June 21 — which is actually past the 30-day deadline for parties to appeal a zoning decision.
The attorney for the homeowners’ association, Geoffrey Worthington, said the reason it was filed late was because the zoning hearing board’s attorney didn’t send him a copy of the decision until May 31.
Worthington included letters he wrote to the board’s solicitor, Michael Greek, dated April 8 and May 28, requesting a written copy of the decision.
The zoning hearing board approved the special exception with two conditions: Dietrich must provide a fire prevention plan approved by Department of Conservation of Natural Resources and the Penn Forest Fire Chief, and that he cannot use the cabin as a residence.
At Thursday’s meeting of the board of supervisors, residents said they are concerned that the township isn’t doing more to hold Dietrich responsible for meeting those requirements.
Tom Rauch, president of the Sunrise Ridge Property Owners’ Association, asked if the township received the fire protection plan. He said that the supervisors should compel the zoning officer to visit Dietrich’s property, and see if he is complying with the decision.
“The attorney advised me that if he is not meeting the conditions of the special exception, he cannot be running his campground back there. And the zoning board is doing nothing to stop it,” Rauch said.
Reiner stated clearly at the beginning of the meeting that he could not give any legal opinions because Solicitor Tom Nanovic was absent.
Residents continued to express general concerns about the sites operating as well. Frances Rauch said the township would cite her if she had campfires without the proper permits. Dietrich’s tentrr.com listings advertise firewood for sale.
Bill Miller said that Dietrich is operating a business and he should widen the road to his property so emergency vehicles can access it.
Meanwhile, the Department of Environmental Protection received a complaint about gray water and improper human waste disposal and asked the township’s sewage enforcement officer to submit a report. The township did not make the report available Monday night.
The township zoning hearing board has until July 21 to respond to the suit.
Comments
I been following this a long time and did my own digging. The real issue seems to be a group of residents are upset that the propriety in question and therefore the landowner has an unlimited use deeded right of way through private roads. Since "the upset residents" cannot legally take away or limit the right of way uses. The "upset residents" have decided not to acknowledge the landowner’s rights nor try to work with the landowner. Instead "the upset residents" are trying to use any angle they can to gain support and to control/limit the landowner’s rights by using public opinion. Some of the comments and things I have read are clearly made up and/or very misleading. Note: When I say "the upset residents", it is really just a small group just pushing others to believe they fighting against something evil.
Once you step back and read/listen the comments made at the township meeting and other places. Then ask yourself what makes sense. You to start to see thought all the BS. I am sure the core group of "upset" residents have convicted themselves that they are the saver of the environment. That doesn’t mean it’s true. In the long run all they will do is waste taxpayers and other’s money. They will keep reaching for any angle they can get to try to control the rights of others. In the end they will just be viewed as “the boy who cried wolf" too many times. It really is sad. All this energy and money could be better used.
“The Campsites have also been approved for 2 sources of fire. Fires create Particulate Matter which is devastating to the environment and our health. The smoke from wood burning is made up of a complex mixture of gases and fine particles (also called particle pollution, particulate matter, or PM). In addition to particle pollution, wood smoke contains several toxic harmful air pollutants including: benzene, formaldehyde, acrolein, and polycyclic aromatic hydrocarbons (PAHs) Please read more at; https://www.epa.gov/pm-pollution/health-and-environmental-effects-particulate-matter-pm” Tara Sommerfield
Once I saw this, I lost all respect that she has any care for the environment at all. To post something and say how bad it is in order to shame someone else. Then openly do it herself is beyond hypocrite.
Also attacking something that a lot of people do and have done since the days of caveman show how far she will go to make nonissues into issues. Any creditably is now out the window. This also proves my point. These "upset residents” are using the environment as a cover.
Wow…