LOWER MACUNGIE TWP., Pa. — A new recreational complex built without township approval has Lower Macungie officials looking to take action against it — and residents supporting it.
The issue became public at a recent township Zoning Hearing Board meeting that otherwise was routine, but drew impassioned pleas from dozens of residents who filled the meeting space in support of a new recreational complex.
"It was to provide a safe environment for all the kids in the community, so they don't play out in the streets. Before the court, everyone was playing in the streets, we had so many kids of all ages, and they were playing basketball, soccer."Saima Abbasi
According to the township, a series of residential accessory uses were constructed without a required permit — including a basketball court, tall fencing, and a playground in what is considered the front yard.
It also violated property easements, the township said.
According to the township solicitor, the residents had to be within complete corrective action within 45 days for the illegal construction.
In response, the residents, Raja Sohail Abbas and Saima Abbasi, are instead trying to seek zoning variances and appeal, which would allow the use of the property.
An uphill battle
It's likely an uphill battle.
Abbasi and her lawyer said the lack of permits was not an attempt to get around any laws, but rather an honest mistake because of not knowing the procedure.
"It was to provide a safe environment for all the kids in the community so they don't play out in the streets," Abbasi said at the hearing.
"Before the court, everyone was playing in the streets, we had so many kids of all ages, and they were playing basketball, soccer."
She said that people of all ages from across the neighborhood have come to enjoy the facilities, which are open to everyone.
The two enforcement notices, according to township officials at the meeting, were dated August 2023 after a staff member observed the developments, and were revised in February.
The Hills at Lock Ridge Overlay District, where the building sits at 773 Furnace Drive, contains a development that borders Alburtis, near Lock Ridge Park.
Residents support the project
Of the dozens of people at the meeting, many testified they lived nearby and not only had no problem with the court, but commended its construction.
"When this project had come to life, I was so happy for the community," said Murat Guzel, who said he was a next-door neighbor.
"They are coming together. It's increasing the community relationships in many aspects — not just the kids, but also the adults too."
Whether there was a violation was not disputed by members of the Zoning Hearing Board — there was a clear breach of procedure to construct the recreational facility.
The question is — what is the township going to do about it?
Unclear next steps
Board member Ron Beitler reflected on how the zoning
hearing board operates in a quasi-judicial space, can and often does grant leeway when mistakes are made or minor deviations occur.
But Beitler said the facility is "far from minor" and that it "could create a sticky situation later."
"The hope here is that the homeowner with their counsel can [work] along with the township ... and try to find some resolution. They are the only objector."Lower Macungie Zoning Hearing Board member Ron Beitler
"There's one objector, and that objector is the township," Beitler said.
"But make no bones about it, if this were to get appealed by the township, once it gets kicked up to the courts on appeal, they don't have that berth that we do, and this will be denied."
He and others on the board also noted other parks, albeit not with the same facilities, nearby that could be accessed by foot, bike or car with relative ease.
Beitler spoke to the difficulty of such a decision when no resident was objecting, but the township still sought action.
The attorney for the applicant, Frank D’Amore, said the construction cost more than $20,000 and it likely would cost as much to remove it.
He said it was a "completely altruistic" act to build it.
The Zoning Hearing Board delayed making a decision until its next meeting, at 6 p.m. July 23 in the township municipal offices.
"The hope here is that the homeowner with their counsel can [work] along with the township ... and try to find some resolution. They are the only objector," Beitler said.
Township management opposed the delay in the decision-making and requested a denial of the variance requests, saying it is constrained to the legal standard for variances that would not permit it.
In constructing the project without review, the residents created their own hardship, they said.
