Heidelberg Township supervisors discuss Mountain Trail Motel variance

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The Heidelberg Township Board of Supervisors on Tuesday heard concerns from residents about the Mountain Trail Motel, which was recently granted a variance by the zoning hearing board to allow for residential housing.

Catherine Smith of Distillery Road said she talked to all seven neighbors of the property, who told her no one had received notice about the zoning hearing for the property, which plans to house a 21-unit 55+ housing development.

Supervisor Ted Cromleigh said that since last month, when residents first voiced concerns, he has talked to the township’s zoning officer, who said notice was sent to neighbors. Notice is not sent through registered mail, he said, but the township is considering requiring it to be in the future to avoid situations where residents don’t receive notice.

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As of now, a decision from the June 16 meeting has not been officially released (the board has 45 days to do so), but Cromleigh said he would ask the township secretary to contact interested neighbors when the decision is announced. After that, other parties (including neighbors and the township) will have 30 days to contest the decision.

Supervisors said they strongly disagreed with the hearing board’s 2-1 decision and sent township solicitor Amy Leonard to oppose the variance on the basis that property owners did not meet the hardship requirement.

Cromleigh said supervisors have not yet discussed whether they plan to appeal the decision.

A variance allows a form of development not typically allowed in a zone on the basis of hardship and other factors. Owners of the property argued that a motel, as well as all other allowed uses in the highway commercial zoning district, was not able to make profit.

The motel was condemned years ago fter the building fell into disrepair, with neighbors reporting broken glass, bullet-holes and structural issues. The township argued that this disrepair caused the property to be unprofitable, which was within the owners’ control.

“You have no idea how hard the members of this board worked, for years, to clean that place up,” said Cromleigh. “That’s why it’s so upsetting to us that this variance was approved.”

Cromleigh explained that no land development plan has been issued and the plan would need to receive planning, building code, DEP, and sewage approvals, which he said he felt would be extremely difficult to accomplish considering the current state of the property. He speculated that the variance request may have been to increase the value of the property to be sold to another party.

Neighbors have voiced concern about trespassers to their properties (which apparently occurred while the motel was in operation), the traffic that would be generated by a 21-unit housing development, and the lack of notice given to neighbors.

Leonard explained that the township is not legally required to notify neighbors of properties seeking variances, but does so out of courtesy. She said legal requirements include the posting of the hearing both in a newspaper and a sign.

However, Smith said the sign wasn’t readable without trespassing onto the motel’s property.

Cromleigh said last month he felt neighbor participation in the hearing may have persuaded zoners to rule differently, and said the board had been issuing variances “like candy.”

On Tuesday, he said there may need to be changes to the board, noting that there are three members with three-year terms, appointed by supervisors.

In other news, the board:

• Unanimously agreed to advertise a drafted burning ordinance, which has been undergoing revisions for several months. Supervisors plan to adopt the ordinance next month.
• Unanimously agreed to advertise the interior building remodel, planned for this winter.
• Unanimously agreed to deny the Spohn/Martin plan, as the most recent time extension ran out Tuesday and the property owner has not resolved the issue of alternative emergency access.
• Unanimously approved the land development plan for the Jay Zimmerman development and associated documents, including plans for a house and a shop.
• Unanimously agreed to deny the plan for the 258 Albright Road Mennonite school unless a time extension is received the next day, and otherwise approve the time extension.
• Unanimously agreed to grant time extensions for plans at 238 S. Lancaster Ave. and the Stoltzfus subdivision.
• Unanimously approved the replacement of a K-ville generator transfer switch for $5,050.
• Agreed to meet with the park & recreation board to discuss improvements to the ballfield area.

The Heidelberg Township Board of Supervisors meets the fourth Tuesday of each month at 7 p.m. at the municipal building, 111 Mill Road.