Borough Council Votes on Apartment Complex Zoning

In another round of legal wrangling Council voted against confirming the zoning for 220 East Chestnut Street as “town center” on Monday night.

“This ordinance would have no impact on the current legal proceedings,” said borough solicitor Kristin Camp.  “This would affect how the land is zoned from this day forward.”

“We’ve gone round and round about this issue,” said developer Eli Kahn who is trying to construct an apartment complex on the site.  “We’re trying to end litigation as quickly as possible.”

Several residents who live across the street from the proposed site have filed an appeal with the Pennsylvania Court of Common Pleas to overturn a ruling by the borough’s zoning hearing board to allow the construction of the apartment complex.

Basically, the residents contend that the property located at 220 East Chestnut Street should be zoned as “NC-2” or “Neighborhood Conservation” instead of its current designation as “town center.”

For the purpose of this story, all you need to know is that a NC-2 designation would prevent an apartment complex or any large structure like an office building from being built, while a town center designation would allow the project to proceed.

According to borough records the property was originally supposed to be designated as NC-2 in 2001 as part of a vote to approve the comprehensive plan.

The zoning maps of the borough have shown the property as NC-2 for 10 years, since it was passed as part of changes that were developed from the Comprehensive Plan in November 2001.  Kahn believes that is incorrect.

“Make no mistake,” said Bill Scott, a former borough council member and an advocate for the residents appealing the apartment complex.  “We’re not trying to stall this building.  We’re trying to stop it.”

Scott added, “This is just a ploy to circumvent the court in anticipation of an unfavorable ruling.”

According to Camp, if the borough voted to approve the ordinance confirming the site as town center, the residents’ appeal would go away.

“If you adopt this they [Kahn and his development team] can re-file their plans with whatever they want under the town center zoning,” Camp said. 

“I don’t think this discussion is appropriate, and I do not think this is the right forum,” said council member Sue Bayne.  “My concern is we’re considering rezoning a property without notice.  If we do that then anybody’s property could be up for grabs.”

Bayne added, “We’re treading into murky and precarious water.”

“This debate has been going on for months and even years,” said council member John Manion.  “And it all stems from a lack of clarification.  I think we should officially clarify how we want this property zoned.”

With a “no” vote, council has not confirmed the zoning of the property located at 220 East Chestnut Street as town center, and from here the issue could be decided in the courts.  Council could also chose to vote on the matter at a later date.