Cornwall Borough Council heard debate over the ownership of a parcel of the land containing Spring Hill Acres emergency access at its Feb. 10 meeting.
Last year, Spring Hill Acres residents came to council with safety concerns, as the 328-home development only has one exit. They argued that in the event of an emergency such as a fire, residents and attendees to Camp Rocky Creek would have trouble escaping.
In September, borough employees used milling and stone to improve the long-abandoned emergency access.
At that time, council believed the land was owned by the Spring Hill Acres HOA, which has not been operational for years. However, contact was eventually made with former HOA members who said they would give the parcel of land to the borough at no charge for them to maintain the emergency access.
Now, 75-acre adjoining property-owner Lowell Hartzell claims the 3-acre triangle containing the emergency access is his property.
He explained Monday that he received the land from neighbor Dennis Klinger in 2009, who had been using the site (which lacks a parcel number) for 21 years and thus had obtained adverse possession.
He said that he was fine with the emergency access being in place as long as it is not used as a regular roadway.
However, he said that if his rights to the property were challenged, the costly legal battle over the site may cause him to reconsider allowing emergency access.
Spring Hill Acres residents voiced opposition to this, with some pointing out that though the association no longer holds meetings, it has been paying taxes on the parcel since 2011.
Hartzell’s attorney said Hartzell had paid taxes for several years before that, and that Spring Hill Acres representatives had placed a claim to the land solely to attempt to deny Hartzell’s claim to it.
Mayor Mark Thomas expressed frustration with the issue coming before the borough at all, calling it a “bait and switch” from emergency services to get the borough to maintain the road.
Cornwall Community Fire Chief Josh Thies said the department had nothing to do with these requests.
Council president Bruce Harris said he doesn’t see an issue with the borough owning it, and pointed out the public safety and emergency service access risks posed.
Thomas said that if residents were at risk, that was ultimately their responsibility for purchasing land in a development without an emergency access. Multiple residents said they were told by realtors that the development did have a functional emergency access, which Thomas replied should be taken up with the realtors.
Councilman Thomas Burton voiced opposition to the borough maintaining the access or taking ownership of the parcel.
“Since 1968, there has never, ever been a major catastrophe back there,” said Burton, adding that if property-owners want to prevent tragedy they should “take care of” their properties.
Ultimately, councilman Tony Fitzgibbons said he didn’t “want to see us getting embroiled in this again.” The property dispute, he said, is between involved parties, and council can discuss the maintenance and ownership of the parcel if and when it officially comes before them.
While Hartzell came before council to request acknowledgement as the site’s owner, council ultimately took the position that formal documentation proving ownership (currently lacked by all parties) would be needed before council could take action.
In other news, council:
- Unanimously agreed to authorize an architect RFP for garage construction, with $400,000 budgeted for the project.
- Heard a Fire Company State of the Union from Thies, who outlined that the company now has 17 active responders. He implored council for fire tax or impact fees, outlining equipment costs the department anticipates needing in the near future.
- Unanimously agreed to move forward with Gold Road Lot Additions, with the borough needing to advertise an ordinance vacating part of the road.
- Unanimously approved reports and the minutes from the Jan. 13 meeting.
Cornwall Borough Council meets the second Monday of each month. These meetings are open to the public and do not require prior registration.
Questions about this story? Suggestions for a future LebTown article? Reach our newsroom using this contact form and we’ll do our best to get back to you.
Be part of Lebanon County’s story.
Cancel anytime.
Monthly
🌟 Annual
- Fewer ads
- Member newsletters
- Exclusive events
- All monthly benefits
- Most popular option
- Make a bigger impact
Already a member? Log in here to hide these messages
An informed community is a stronger community. LebTown covers the local government meetings, breaking news, and community stories that shape Lebanon County’s future. Help us expand our coverage by becoming a monthly or annual member, or support our work with a one-time contribution. Cancel anytime.
