CHERRY RIDGE, PA — The approvals process for a $20 million new Wayne County YMCA project in Cherry Ridge Township is close to a conclusion, but the township and the YMCA disagree about the result of that process. The YMCA has claimed that, due to the time elapsed between hearings, the project has been automatically approved; the township has rejected that claim, and made a determination against the project in a hearing on Wednesday, October 21.

The YMCA's public notice posted near the project location,  which claims the project has been approved due to the township's failure to schedule hearings in a timely manner.

On October 13, a public notice was posted near the project location from attorney Mark Zimmer on behalf of the Wayne County YMCA. The notice claimed that the application was deemed approved due to the township’s failure to conduct hearings in a timely manner.

“It was a slick little move,” Dennis Cheng, a Cherry Ridge resident who opposes the project, said about the YMCA’s deemed approval. “Not one that speaks of transparency or community-minded engagement.”

The conditional use hearing was still held on October 21, with hearing officer Richard Henry maintaining that there is no deemed approval.

“The township did not fail to timely schedule the hearings, and there was no objection as we proceeded through that hearing process.” Henry said during the hearing.

In a letter from Zimmer sent to attorney Ronald Bugaj (who is representing residents Carol and Mark Lienert, who oppose the project) and to Henry, Zimmer informed them that he would not attend the hearing. Zimmer also claimed that holding a hearing would be “fruitless,” as the township must now file an appeal in the Wayne County Court of Common Pleas to challenge the decision of deemed approval.

Deemed approval

In email correspondence from Henry to Zimmer, Henry calls the deemed approval “totally inappropriate and unsupported.” He cites Zimmer’s May 18 decision to waive the 60-day hearing time requirement as evidence.

Cherry Ridge Township’s zoning code states that development applications will have a decision made by the planning commission within 60 days of applying. The board of supervisors has to make a decision within 90 days of an application being filed; according to the code, if that application doesn’t get made by that point, the application is “deemed approved.”

On May 18, Zimmer wrote to Henry in regards to a hearing being delayed due to improper posting of the hearing.

“The failure to post the property places the required 60 day limitation for beginning a hearing of this nature in jeopardy. The YMCA has authorized me to waive that particular time requirement,” Zimmer stated.

In Zimmer’s most recent letter to the township, he alleges that this waiver was intended to grant an extension of time for the first May 18 hearing to be rescheduled to June 17, not the entire 60-day requirement.

Zimmer said that the canceled August 19 hearing was rescheduled to October 21, which is 63 days after the original intended date.

In correspondence from Henry to Zimmer before the October 21 hearing, Henry tells Zimmer and Bugaj to “bring your calendars with you” so the township can start holding hearings in a more timely manner.

Since the YMCA was not present at the October 21 hearing, Bugaj made a motion to dismiss and deny the application for “failure to proceed.”

The motion was passed, and the Cherry Ridge Township Board of Supervisors will have to make a final decision regarding the application during its next meeting.

Residents

Though Shaun Dieterich, president of the citizen’s group the Committee for Responsible Development, was not made an intervenor during the October 21 hearing, he said he would consider filing as one if the decision were to go to the county Court of Common Pleas.

Also on the agenda during Wednesday’s hearing was the status of two residents as intervenors in the application process.

Zoning
Cheng emphasized that residents were not against the YMCA project, but were rather advocating for smart and intentional development.

The township’s zoning code states that noise levels from developments should not exceed the ambient noise level by more than 10 decibels.

“The starting point for noise is incompatible with having a summer camp, daycare or outdoor recreation.” Cheng said.

Cheng said that he would like to see code revisions as a result of the YMCA application, and added that the application would make way for meaningful conversations between the township board and residents about what zoning code does and doesn’t allow.

Traffic, drainage, housing demands and infrastructure costs are all things that he wishes the current code would address more.

The township should also consider having a stronger process for meeting procedural deadlines so that residents can stay informed, Cheng added.

“I’m not asking the township to decide whether the YMCA is a good organization. I’m asking whether our land use rules produce good decisions and whether we’re prepared to apply them consistently to the next applicant.” he said.

Cheng and Shaun Dieterich, Cheng’s neighbor and president of the citizen’s group the Committee for Responsible Development (CRD), applied to be intervenors on April 27 and August 10, respectively.

Henry stated that the board would take no action regarding intervenor status due to the deemed approval.

“With all due respect, we’ve been called here many times. We’ve never had an opportunity to present our case,” Cheng said.

“You’re not going to have one tonight,” Henry responded.

“I’m not pleased with that,” Cheng said.

Dieterich explained to the River Reporter that he was frustrated with the hearing process because he felt there was a lack of opportunity for residents to speak.

“People were taking out their notepads, getting ready to recite their statements, memorizing their statements, trying as hard as they could to work through the stress and anxiety,” Dieterich said about prior hearings. “And they were denied that opportunity as a result of Wayne County pulling out.”

Cheng said that while he wasn’t pleased with Henry’s decision at first, he thought it was OK because had he been accepted as a party. “Zimmer would have grounds to say that was improper.”

Cheng added that the next step for the township would likely be to file an appeal to the YMCA’s decision. “But I doubt they will. I think we [residents] have to do that.”

Dieterich said that while nothing was set in stone, residents would consider filing as intervenors if a trial were to go to the Wayne County Court of Common Pleas.

The next Cherry Ridge Board of Supervisors meeting, when the board will make a final decision regarding the YMCA application, will be on Thursday, November 12 at 6 p.m.

Editor’s note: The YMCA did not respond to requests for comment.