Board of Supervisors Public Hearing Minutes
PARADISE TOWNSHIP BOARD OF SUPERVISORS
PUBLIC HEARING
AUGUST 5, 2019
3:00 PM
Call to Order
Motion: Gonze moved and seconded by Konrath to open the Public Hearing for the appeal filed by Linghang Ying to the Notice of Violation and Cease and Desist Order.
Motion carried 3-0.
Roll Call
Gary Konrath – Chair Jacob Schray – Zoning Officer
Peter Gonze – Vice Chair John Prevoznik – Solicitor
Reda Briglia – Secretary-Treasurer
Timothy McManus – Solicitor
Attorney McManus stated that for the record we have several exhibits.
Exhibit 1 – Letter dated July 16, 2019 from Reda Briglia
Exhibit 2 – Public Notice
Exhibit 3 – Pocono Record Proof of Advertising
Exhibit 4 – Appeal Application filed by Mr. Ying which consists of multiple pages
and exhibits
Exhibit 5 – July 16, 2019 Amended Order from the Monroe County Court of Common Pleas
Exhibit 6 – Sign-In Sheet
Attorney McManus stated that since there is a Court Order dated July 16, 2019 that that will supersede any action that the Board of Supervisors may take. Attorney McManus stated that there are no pending actions at this time in from of the District Magistrate.
Attorney McManus acknowledged that a new short-term rental application has been received by the Township.
Solicitor Prevoznik agreed with Attorney McManus’s statements.
Sharon DeWitt was present for Mr. Ying as outlined in Paragraph 8 of the Court Order. After discussion, Mrs. DeWitt agreed that an appeal hearing was not necessary. She further acknowledged on the record that the appeal was moot as of the date of the hearing due to the Court Order and Mr. Ying previously filing a new application. The parties also stipulated that the Court Order remained in full force and effect.
Motion: Gonze moved and seconded by Konrath to move the Exhibits into the record.
Motion carried 3-0.
Motion: Gonze moved and seconded by Konrath to close the public hearing.
Motion carried 3-0.
Motion: Konrath moved and seconded by Gonze to open the Public Hearing for the appeal filed by Linghang Ying for the Notice of the Sewage Violation.
Motion carried 3-0.
Attorney McManus stated that for the record we have several exhibits.
Exhibit 1 – Letter dated July 16, 2019 from Reda Briglia
Exhibit 2 – Public Notice
Exhibit 3 – Pocono Record Proof of Advertising
Exhibit 4 – Appeal Application filed by Mr. Ying which consists of multiple pages
and exhibits
Exhibit 5 – July 16, 2019 Amended Order from the Monroe County Court of Common Pleas
Exhibit 6 – Sign-In Sheet
Attorney McManus explained that the appeal was filed for very specific issue on the Sewage Violation. Solicitor Prevoznik stated that the specific issue had been remedied but further stated that the Township would not stipulate that there were no other potential issues with the septic system. Solicitor Prevoznik stated that Paragraph 4 of the court order includes a septic inspection and that if the inspection reveals a malfunctions, failing or unacceptable result, then all occupancy of the premises at 131 Williams Road shall immediately cease.
Sharon DeWitt was present for the Mr. Ying as authorized in Paragraph 8 of the Court Order. Attorney McManus stated that since the specific issue has been remedied that there is no need for the public hearing. Mrs. DeWitt agreed that there was no need to move forward with the public hearing.
Motion: Gonze moved and seconded by Konrath to move the Exhibits into the record.
Motion carried 3-0.
Both the Township and Mrs. DeWitt agreed that there is no need for a written decision of finding of facts for either hearing as the appeals were withdrawn by Mr. Ying or rendered moot by subsequent repair.
Motion: Gonze moved and seconded by Konrath to close the public hearing.
Motion carried 3-0.
Respectfully submitted,
Reda Briglia, Secretary-Treasurer