SALISBURY TOWNSHIP ZONING HEARING BOARD
Editor's Note: This article has been updated from the original print version.
After nearly four hours of testimony Feb. 18, the appeal of the Girl Scouts of Eastern Pennsylvania, Inc. to construct a building at its Mountain House Camp on South Mountain has been continued until 7 p.m. March 9.
The third hearing before the Salisbury Township Zoning Board will again be held in the cafeteria of Salisbury Middle School, 3301 Devonshire Road, to accommodate an anticipated large crowd. Doors are expected to open 6:30 p.m.
The hearing is continued in order to take additional testimony from residents, to allow the five members of the zoning board, zoning board solicitor and township zoning and engineering officials to discuss the project and for any additional questions from the attorney representing the residents and the attorney representing the Girls Scouts.
It’s uncertain as to whether the zoning board will vote and make a decision at the March 9 hearing concerning the Girl Scouts’ appeal.
The Girl Scouts are appealing to the zoning board “for a special exception to construct a 3,600-square-foot building, being an expansion of a special exception use, and a favorable interpretation to permit an existing cabin to remain as a nonconforming structure. In the alternative, applicant requests a variance for the structure to remain within the required side yard setback (6 feet required, 2 feet exist).” The property is in the conservation-residential zoning district.
The Girl Scouts have been using the 15.37-acre site as a private recreation area since 1952. The cabin has been there since 1943. The site is along West Rock Road, west of the Summit Lawn exit of Interstate 78.
The three and one-half hours of testimony Feb. 18 was in addition to about two hours of testimony about the Girl Scouts’ appeal at the first hearing Feb. 4, also held in the middle school cafeteria to accommodate the turnout.
Approximately 100 township residents from the Summit Lawn area attended. Many voiced concerns about the building project impact on wells, stormwater runoff and traffic.
Atty. Stephanie A. Koenig, Associate, Fitzpatrick Lentz & Bubba law firm, Allentown, representing the Girl Scouts of Eastern Pennsylvania, Inc., questioned the Girl Scouts’ third witness, Christopher Williams, senior project manager, Barry Isett & Associates, Inc. Williams is the engineer for the Girl Scouts’ project.
Prior to the testimony by Williams, a legal discussion ensued between Atty. Mark Scoblionko, representing Jane and Michael Benning, objectors who live in the vicinity of the Girl Scouts’ camp; Salisbury Township Zoning Hearing Board Chairman Atty. Kent Herman; Salisbury Township Zoning Board Solicitor Atty. Victor Cavacini and Salisbury Township Consulting Engineer David J. Tettemer.
The zoning board, at some point, previously apparently granted a special exception for the Girl Scouts’ camp use.
“I think what it’s going to come down to is: ‘What is the use of the property?’” Scoblionko said.
Koenig responded the Girls Scouts, as a nonprofit, are operating a private recreation area, which is a permitted zoning use as a special exception. “The building is an expansion of that use,” Koenig said.
Opined Cavacini, “I don’t know of anything as an expansion of a special exception use. I think it’s a misnomer that this is an expansion of the special exception use.”
Responded Tettemter to Cavacini, “That probably came from my letter. You’re keeping the same use. You’re adding an additional facility.”
Emphasized Cavacini, “There’s no such thing as an expansion of a special exception use. It is a use that is permanently under the special exception use.”
“To say that this is a special exception is an oxymoron,” Scoblionko said. “This is a pre-existing nonconforming use.”
During this portion of the hearing, Salisbury Township Assistant Township Manager Sandy Nicolo, who is acting director of planning and zoning following the retirement of Cynthia Sopka and Salisbury Township Administrative Assistant, Community Development, Kerry Rabold, looked up township records as they, along with other township officials, sat at tables set up in front of the stage in the cafeteria.
“We don’t have any evidence of any prior approvals,” Herman announced.
The March 26, 2018, zoning ordinance update was noted.
“It would have been nonconforming. At that time, it became conforming,” Cavacini said.
“From the records we have, there is no prior relief from the zoning hearing board,” Nicolo said.
Williams said the 15-acre site exceeds the five-acre minimum for the proposed building, which has a 3,500-square-foot “footprint,” but with two levels, will total 7,000-square-feet.
The building is to have Girl Scouts project areas and bathrooms with showers on the first floor and offices and a trading post on the second floor.
A gravel drive is now on the property. A paved parking lot for 14 vehicles plus one parking space for the handicapped is proposed, Williams said.
There will be stormwater management and a sand mound septic area. If the project receives zoning approval, these matters, as part of the project’s Subdivision and Land Development Plan, will need to be reviewed and receive approval from the township planning commission.
Williams said the plan will “minimize our impact on the trees in the area of the building. We’ve situated it to impact minimally on the large trees.
“This building is tucked-in to minimize its visual impact,” Williams said.
The building’s height would be 29 feet when 45 feet is allowed. The building would be 200 feet from the nearest building and 185 feet from West Rock Road.
Williams said from approximately 7:30 a.m. to 9 p.m. during the peak eight-week mid-June to mid-August summer camp, 45 cars pick up and drop off campers and this would increase by 10 cars. There are 15 cars for staff. It’s expected there will be four to 11 employees.
“I’m really concerned about stormwater runoff,” Benning said.
The next person to testify was Kristin Leiby, Mountain House day camp director and Mountain House director for five years, assistant director for three years and who has worked at the camp for 11 years.
“Mountain House is a great location. It allows urban girls to connect with nature,” Leiby said.
“Our girls are asking for winterized facilities. They are asking for flush toilets. The improvements are important to the continuation of Mountain House,” Lieby said.
Leiby said the trading post provides patches, badges, uniforms and momentos. The trading post is now at the Girl Scouts’ 2633 Moravian Ave., Allentown, building. The approximate 8,000-square-foot Moravian Avenue building, off Lehigh in the vicinity of the Lehigh Street interchange of Interstate 78, is for sale.
Girls Scouts’ supplies are also available for sale online, Leiby said.
Todd Laudenschlager, zoning board vice chairman, asked, “Do other Girl Scouts camps have running water?”
“Yes, all the other Girl Scouts camps have running water, flush toilets and showers,” Leiby said.
Cavacini asked about the sleeping capacity at Mountain House. Lieby listed it as: Pine Cabin, 17; five tent platforms accommodating four each for a total of 20, and Lodge, 25, for a total of 62 potential campers.
Cavacini asked about the ratio of adult counselors to campers. Lieby said the radio is two adults per 10-25 girls. During summer camp, there may be 10-14 employees onsite, Leiby said.
Herman asked if, during her 11 years working at Mountain House, what interaction Leiby has had with neighbors and if she handled any complaints.
“No. The only interaction I’ve had is a nice wave as they drive by,” Leiby said.
Several Girl Scouts and Girl Scouts troop leaders, including those from Whitehall, Catasauqua, Orefield and Bethlehem, testified to their positive experiences at Mountain House.
At the conclusion of the questioning, township residents went to the podium to voice their concerns.
“I don’t think any of the neighbors are opposed to the use of the campground,” Debbie DuBois said. “To me, it’s not permitted in the 2018 zoning law. I have objections to any expansion.”
“I would really like to work together, to work it out,” Benning said. “The Girl Scouts are a wonderful organization. I was one. My daughter was one. Why don’t they consider using compost toilets? So, we would solve that problem.”
Gloria Christman said, “That 7,000-square-foot building doesn’t belong in a residential area. We believe that further expansion is a detriment to the quality of life in the neighborhood.”
“I have a problem putting a commercial building in the residential zone,” Joseph Tomanik said. “It’s a commercial office building. It doesn’t belong in a CR District. I don’t have a problem with the way they have it now. They can call it a residential-style building. That’s not what it is. It’s an office building.”
Prior to the conclusion of the hearing 10:40 p.m. Feb. 18, Herman said, “We’re going to need another couple of hours at least.
“I’d like to thank the school district [for providing use of the middle school cafeteria]. It’s very good to have this cooperation,” Herman said.
The Girl Scouts presented their first two witnesses, Girl Scouts of Eastern Pennsylvania, Inc. CEO Kim E. Fraites-Dow and Jill Hewes, partner, MKSD, architect for the proposed building, at the Feb. 4 zoning hearing.