The West Marlborough Zoning Hearing Board threw out a major chunk of the Springdell residents' case against the Whip at a hearing on Monday, Feb. 21. (The residents are claiming that the operations of the popular bar and restaurant have had an increasingly negative impact on their quality of life in terms of noise, parking, lighting and so forth.) The zoning board ruled that according to the Pennsylvania Municipalities Code, the residents should have filed their complaint within 30 days after the permits were first issued to the Whip by the township zoning officer. (The residents' attorney previously argued that because the approvals process was flawed, the 30-day rule shouldn't even apply.)
The only remaining argument is whether the Whip is allowed to use the adjoining house just west of the restaurant as part of its business. The residents contend that it used to be a rental house and, because the Whip now uses it for storage, the owners should have applied to the township for permission for a change in use.
However, on Monday a woman who used to manage the Country Deli, which preceded The Whip, testified that for years she used the back of the house as an office for the deli and for storage, which means it is not a new use. She also testified that even the Country Deli used to have parking problems at the site.
Despite the fact that a snowstorm was predicted, the third hearing, which lasted 2 hours, drew a larger-than-usual audience, including the Springdell residents and their attorney, Kristin Camp; K.C. Kulp of the Whip and his attorney, Neil Land; the township's attorney, Dwight Yoder; township supervisor Hugh Lofting; Bernie Langer, who lives in Springdell but is not one of the plaintiffs; Al Giannantonio and Russell Yerkes, of Yerkes Associates, the township engineers; and a "Philadelphia Inquirer" reporter.
Members of the Zoning Board who attended were Elizabeth "Baz" Powell, Charlie Brosius, chairman Clayton Bright and solicitor Craig Kalemjian.
The next hearing is set for Wednesday, March 16, at 7 p.m.
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