The Antietam School District’s building plan is back under threat, following a Berks County Court ruling that effectively cancels the zoning relief needed to enact the plan.
In a pair of orders issued Monday, Judge James E. Gavin vacated the zoning relief that allowed expanded uses of the former Mount Penn Primary Center and Mount Penn Elementary Center.
The district’s requests for special exceptions will have to undergo new hearings before the Mount Penn Zoning Hearing Board to consider evidence that wasn’t included in the hearings in March, the court orders said.
Borough and school officials said the rulings effectively override the permissions needed to enact the building plan the district established after a flood last summer ravaged Antietam’s middle senior high school.
Borough officials said the orders could mean that school starts virtually for many students.
Dr. Tim Matlack, Antietam superintendent, said in a statement Thursday that the decision negates the district’s ability to start school on time as planned for grades 4-12.
“Unfortunately, the decision was rendered without our district solicitor or the zoning board hearing solicitor being given the opportunity to respond,” Matlack said.
He said the borough and the district aim to work together to solve the issue quickly.
“The borough is committed to working with the district to ensure requisite building code and zoning ordinances are met as we work towards students safely returning by Aug. 26,” Matlack said.
In the meantime, the district is considering alternative plans that would avoid delaying in-person learning, Matlack said.
No specifics on any alternatives were provided Thursday, but Matlack said the district will keep families informed.
“Given the impact of this news, we understand there will be concern on the part of our families,” Matlack said. “We will be working tirelessly in this pursuit and will continue to share information with the community in a timely manner.”
As it stands, the district’s plan is to house kindergarten through third grade in modular classrooms at the site of the former middle senior high school, grades three through eight in the former elementary center, and grades nine through 12 in the former primary center.
The plans to have grades kindergarten through three occupy the modular units are unaffected by the court orders, Matlack noted.
The appeals
The zoning relief that enabled Antietam’s plans for the primary and elementary center were appealed by Mount Penn residents Jennifer Lopez and George Saltzman, represented by attorney Alexander Elliker.
In the initial appeals filed in April, Saltzman and Lopez argued that the zoning hearing board was influenced by the district’s desire to quickly enact its plans.
In the appeals, Saltzman and Lopez claimed the board failed to properly consider multiple points of evidence, from residents’ testimony to the effect the building plans would have on the neighborhood’s character.
In motions filed in July by Elliker, Saltzman and Lopez argue that the zoning board did not consider crucial information that could influence the hearings’ outcome.
That information, they claim, includes:
• Failure by the district to provide zoning documents, in response to a right-to-know request, proving that the primary center was never given permission to expand beyond the uses stated in an order by county court in 2004.
• Testimony by district officials claiming that the Reading School District was no longer interested in a merger, which was contradicted by a later right-to-know request that uncovered information showing that Reading was still interested in merging.
• Testimony by Antietam officials that no other district properties were suitable for use, despite later releasing plans to install modular buildings at the former middle senior high school.
• A floor collapse at the primary center in June while renovations were being done.
• A pedestrian accident in May in a high foot-traffic area without a marked crosswalk near the primary center.
Saltzman and Lopez have long maintained the district’s plans for the primary and elementary centers would cause issues with traffic and parking and pose a threat to safety.
Borough officials said new hearings have not yet been scheduled with the zoning hearing board, and it was unclear whether they will be scheduled before the start of the school year.
Primary center construction under review
Hunter Ahrens, borough manager, said Mount Penn is reviewing whether renovations to turn the primary center into the Antietam High School can continue.
He said the borough has yet to take any measures to stop construction at the site.
As to whether the claims made in Saltzman and Lopez’s appeals might change the outcome of the new hearings, Ahrens said: “I think we have good people on the zoning hearing board, and they’ll make the decision that’s consistent with the joint zoning ordinance.”
Source: Berkshire mont
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