Lake Conashaugh residential deed restriction is a ‘problemo'

| 28 Sep 2011 | 03:04

    Dingman - The Conashaugh Lake Board of Directors neglected to ask homeowners next to their new school bus pick up and car parking area if they had any objections before they built the new community area. Now they are objecting and township officials say the deed for lot 901A, which is part of the new parking area, restricts its use only to a single family residential home. Dingman Planning Commission member Mike Ciancitti complained to Township Solicitor John Klemeyer that the project is already completed. Initially, Klemeyer jokingly remarked, “As they say in Mexico, ‘not my problemo!’” But Klemeyer went on to say that the residents of Conashaugh needed to have a say in the change of use from single family residential to community use. “In order for us to do this right we have to have in the record that the change in use by the association came before the township, otherwise the residents have a right to complain. “I don’t want anyone to come back later and say that we never should have approved it because we never formally changed the sub-division plan where the maps show one use and now you have another use.” Klemeyer said. The Conashaugh directors failure has in effect changed covenants where it applies to those lots. This change can be made legally, but the deed that the Planning Commission has says it is restricted to single family use while the property is being used for an entirely different purpose. “They have to correct their deed to show the new use,” Ciancitti said. Klemeyer said that the planning commission should have a motion as part of the project record, that we approved the change from residential use to community use. No such motion currently exists. The planning commission will formally notify Conashaugh Lake that they must complete this change to the deed and it must be done by Jan. 24, of next year when the bus and parking project application is set to expire.