Lake Adventure says code changes are retaliation for court victory
By Jerry Goldberg
DINGMAN — Lake Adventure residents packed Dingman Township hall Feb. 18 to protest zoning changes they say amount to retaliation against the RV community's 2012 court victory.
That night's meeting of the township board of directors was hot and contentious, with two sheriff's deputies standing guard against trouble. The township’s planning consultant and members of both the Milford and Dingman Township Fire Departments were also on hand.
The proposed update of the township's 2008 Campground and RV Park Ordinance is more restrictive than its original version. The Lake Adventure property owners' longtime attorney, Tammy Lee Clause, said the township was getting back at the community for winning the right to place one-piece, 12-foot-wide recreational vehicles on lots. The township had fought Lake Adventure on this, saying it was trying to convert a campground into a second-home community that would demand much more in services. Judge Joseph F. Kameen ruled with Lake Adventure, saying the township's restrictions violated the Pennsylvania Constitution.
Clause says she has more than 500 affidavits from Lake Adventure members who could not be at the meeting because they are at their permanent residences for the winter. Clause said Lake Adventure has 1,500 lot owners and more than 1,700 lots.
Supervisors Chair Tom Mincer said there was no retaliatory motive, and pointed to the first paragraph of the ordinance, which states that it is "to promote the health, safety, and general welfare of Dingman Township inhabitants."
Clause said only Lake Adventure is targeted by the ordinance change. Lake Adventure is the only community of its type in Dingman Township.
Clause suggested the sheriffs' deputies were there to intimidate the Lake Adventure contingency . Mincer took immediate offense to this, and a tense discussion ensued in raised voices.
“In light of what has recently happened at a supervisors meeting and a very aggressive letter posted in the LACA Newsletter, I am concerned for the safety of everyone," Mincer said.
Clause smirked at his explanation. Lake Adventure members have been at many supervisors' meetings, and nothing confrontational ever took place, she said.
Township Planning Consultant Tom Shepstone said the ordinance was not intended to single out Lake Adventure but to address the possibility of similar land-use communities starting up in the future. All of the existing lots in Lake Adventure are grandfathered in for many years, he said. “We don’t want to overtax existing infrastructure or permanent residences,” Shepstone said.
New licensing requirement
Clause said she was concerned about a licensing requirement added to the updated ordinance because if the township doesn’t issue the license, Lake Adventure can be closed down. Mincer said it was not meant to close Lake Adventure down and nothing to be afraid of. It's just a license application that must be renewed, he said.
“When you have to re-new your driver’s license, are you also afraid of that?" he asked. "Do you think someone is going to jump out and say you can’t renew? No, it’s ridiculous, and this is not our reasoning or intention.”
The township wants Lake Adventure to add to its restrictive covenant a clause stating that no lot may be used for more than 180 days per year.
After two hours of discussion, Mincer adjourned this part of the meeting with the expectation that discussion will continue in the near future.
Clause said the Lake Adventure contingent would like to work with the township on a reasonable ordinance that would be fair to all. Mincer asked Clause to submit a list of what Lake Adventure would like the ordinance to say so they could come to a common ground.
Clause did say, “If you pass this ordinance the way it is there will be more litigation.”
In other business
Milford Fire Department calls — The year-to-date total of fire department is 156, which comprises EMS, 83 and Fire, 73.
Meth labs — Fire department members have attended drug lab awareness classes because they are coming across a great number of meth labs in places such as homes, garage, in cars, and in portable set-up-anywhere labs. This is a big concern for the fire department because many of the chemicals used to make meth are highly explosive.
Carbon monoxide training — Fire department members are also attending new propane and carbon monoxide emergency classes. All their air-pacs have been tested and serviced by Tyler Fire Equipment. The average number of calls per day has been fire and ambulance 3.4, breaking down to 1.8 fire and 1.6 ambulance calls per day.
New practice — Code Enforcement Officer Chris Wood reported the approval of a home acupuncture practice at 347 Sawkill Road to be operated by Kristofer Beadenkopf and Caroline Wrightson.