Supervisors: We must stick to law on Mount Haven

By Anya Tikka
DINGMAN TOWNSHIP — In an initially tense Dingman Township meeting Tuesday, residents quizzed the two supervisors over the sale of Mount Haven Resort.
But by the end of the meeting and an extensive question-and-answer session, most seemed calmer. Some even congratulated the board for their handling of the situation.
“Thank you for doing your job," said resident Bill Malson. "You must know this is a first,” drawing laughter all around.
“Bill’s been always hard on us,” said Dennis Brink, the supervisors' vice chair. Town Solicitor John Klemeyer jokingly asked Malson to send the comment directly to his phone.
Supervisors' Chair Thomas Mincer was absent for a family medical emergency. But he has also recused himself from commenting about the sale because he’s the attorney for the buyers, three LLC’s: Har Haven, Haven Delight, and Blue Log. All are linked to the Hasidic Jewish organization that owns other similar properties in Lakewood, N.J., and Kiryas Joel in Monroe, N.Y., under public scrutiny.
Community members who have connected the dots between the Mount Haven purchase and purchases in other towns have raised alarm bells on social media.
Other towns where the same groups bought property are engaged in ongoing disputes over land annexations, trash, land use, water services, the possible misuse of funds, and noise.

Is it a camp or resort?

Many residents asked how the site — a resort well known and well loved for 60 years — would be used.
Resident Ivy Ballino asked: What constitutes a camp? It’s not clearly defined in the town ordinances, she said.
Supervisors said the site is not operating as a camp but as a resort. But Ballino insisted it’s a camp. She referred to a website (theschichallenge.org) where a fundraiser refers to the site solely as a "camp."
Klemeyer said the permit attending the sale was for a resort. But then he added that the meaning of "resort" is complicated, with no hard and fast rules.
Welsh and Wood said: What we call "camp" or "resort" may be a different thing.
“'Camp' and 'resort' are not on the zoning web site," said Wood. "It will have to go by historical use.”
Brink noted that, "historically, for 60 years, it’s a resort." But a developer today faces many more restrictions, he said.
"But they knew what they were buying," said Brink. "The use was grandfathered in. If they keep operating it as resort, there’s nothing we can so. Building improvements would be approved as for anyone else.”
He also said the resorts looks good from off the highway. Har Haven is located at Route 739 and Log Tavern Road.
“It looks clean," he said. "They’re spending money to fix it. They are going to operate it as a very different resort form the old one.”

'We'll deal with it'

The supervisors admitted they're responding to a situation they’ve not come across before. Har Haven has until Sept. 8 to reply to 45 questions prepared by Wood and Klemeyer to determine the use of the property. Township ordinances may have to be adjusted, depending on what the questionnaire reveals. The three options would be:
C ontinue the use as is;
Issue a conditional use permit for the proposed new use; or
Deny the Certificate of Use.
Applying for relevant building and zoning permits and possible appeal process for both sides would also be part of the process.
“Sometimes we have to change ordinances with new circumstances," Brink said. "Perhaps in future we will do something. We’ve run into a problems before, listened to people, and fixed it via ordinance.”
Klemeyer and Brink said most ordinances come about in response to new situations. They encouraged residents to document and report problems as they occur — to the owners of Har Haven, to the state police, and to the township itself.
“We’ll deal with it if there’s anything we can do,” Klemeyer said. But whatever it is, he said, it must comply with the law.

Neighbors see filth and abuse

Another layer of complication arises from the residences located behind the Har Haven property — approximately 13, according to John Pfuhler, who lives there — and their only access road, a right-of-way through the Har Haven property.
Pfuhler said he sees what goes on at Har Haven at close hand.
“There are mattresses on the fields and garbage littering the property," said.
He also raised an alarm over the treatment of the handicapped children he’s seen on the property.
“One kid was left lying on the road," he said. "It was 111 degrees, the humidity was 150, and this kid was hauling bags of garbage to the dump. And then he started picking the trash. He was sweating and had labored breath. Several kids have gone missing in the woods. They treat them less than human.”
Welsh told Pfuhler to report what he sees to Child Welfare Services.
“They take that very seriously," Welsh said.
Klemeyer agreed. “They respond and investigate very quickly," he said.
Thomas Duncan, who has a farm behind the resort and a right-of-way through it, complained about polluted runoff coming off garbage piles. Wood asked for photos and promised to investigate.
Wood said the case would come under the township’s jurisdiction, but that water quality issues are handled by the state.
“We ourselves have our water tested by the state every month,” said Karen Kleist, the town clerk and treasurer.
Brink, Welsh, and Klemeyer took pains to explain that the town is obligated to adhere to existing ordinances. They’ve started talking with the new owners in the spirit of being good neighbors and are expecting the same treatment back, they said.
What they see now, at least from the road, is children walking about, being bused in — that sort of thing — all consistent with resort use, they said.
Brink and Welsh were quick to defend Mincer, saying that he told them immediately about his involvement with Har Haven and recused himself. His absence that evening was purely coincidental, they said.
Some residents said they didn’t believe Mincer could adequately perform either role, and that he had dug himself to a hole.
Ballino asked whether the registered charity at Har Haven, School for Children with Hidden Intelligence (SCHI), will pay taxes.
Klemeyer said yes.
“Just because you’re a charity doesn’t mean they’re tax-exempt," he said. "Its’ a complicated process."
The SCHI website says it's a "tax-exempt 501(c)3 organization”
Brink concluded: “I understand your fears. All we can say (is) we’re willing to make sure all in Dingman are represented. We’re trying to protect everyone within the guidelines we have.”