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'Junk' properties take center stage again

During yet another East Penn Township board of supervisors meeting, complaints about "junk" on some owners' properties made up the better part of Monday's discourse, even after the meeting ended.

Following many months of public debate about the state of fellow residents' properties, this time many audible sighs of seeming exasperation were heard from the audience, and comments were made, like Lisa Kercsmar's plea that "some of this has to stop."Brought up again was property owned by Clair Troxell at 2105 East Lizard Creek Road. But it was a simmering dispute between Vice Chairman Jacob Nothstein and attorney Jason Rapa, who owns land that abuts land owned by Nothstein, that took center stage.Rapa was present with his father, Frank Rapa, who owns property across the street from Jason Rapa's and Nothstein's properties, and Jason Rapa's brother, attorney Matthew Rapa, who is occupying and purchasing his father's land there. Nothstein's wife, Kimberly, who said she runs the family's farm, was also present.Jason Rapa submitted a complaint form, dated Oct. 9, to the township in which he accused the Nothsteins of nuisances declared illegal, including storing 14-or-more-day-old garbage, harboring junk material like "unregistered vehicles" and auto parts, routinely burning "trash rubbish," having "box truck boxes strewn throughout the property and other discarded materials utilized as animal shelters," and allowing "3- to 4-foot-high weeds and other noxious vegetation" to grow.His complaint also stated the Nothsteins built a driveway along Wertman Hollow Road that does not comply with its permit and is not in compliance with its applicable Homestead Acres section II subdivision plan.At their Oct. 28 special and budget meeting, supervisors made a motion directing zoning/permitting officer Richard Dietrich to review the property files, verify permits were obtained for the issues (included on the complaint forms filed) regarding that property and provide the board with a written report by Nov. 26.Dietrich's report was noted as having been received on Nov. 13. In it, he wrote that he found no merit to any of the complaints except the one mentioning some high weeds on the property. He wrote that the Nothsteins' intention was to cut the weeds to use them as feed and bedding for their animals, and that whether or not they do so will be checked in a timely fashion.His report also stated that, in regard to many of the unlicensed vehicles, they did not require licensing because they are operable and used for different types of farm work on the property, including "hauling corn, hay, etc."In addition, he said, "the driveway was inspected and passed by our roadmaster."While Jason Rapa publicly questioned the veracity of Dietrich's report, solicitor James Nanovic said, "Our zoning officer has said it's not junk," and that they "have the right to enforce the ordinance."After further back-and-forth discussion and Rapa handing photos of the many items he terms "junk" to the supervisors, Supervisor Deanna Cunfer questioned if there was no way the two parties could simply resolve the situation themselves.Chairman Dean Kercsmar asked if both parties would like to gather after the meeting to try to come to some sort of arrangement.Though they did speak for about 10 or 15 minutes, the Rapas eventually walked away, saying they did not feel an agreement could be reached.After the supervisory meeting itself, Matthew Rapa had said many of the semitrailers have dry-rotted tires, appear to not have been moved in years and are backed up against one another so that they cannot be opened to use as storage. In addition, he said the Nothsteins are not farmers, simply 4-H members.Dietrich, however, said he stands by his report.For their own part, the Nothsteins said that the trailers on their property are used in conjunction with their working farm, are several feet off the property line and will eventually be parked against a loading dock they need to use.They said, if necessary, they can remove the axles from the trailers, thus allowing them to fall under a different township ordinance and that, no matter where else they can move the trailers on their property, they will still likely be visible to neighbors, including the Rapas."(They) think because a piece of (farm) equipment doesn't look pretty and brand-new, it's inoperable and junk," the Nothsteins said. "Obviously they're against farms ... and no matter what we do, it isn't going to make them happy."In regard to Troxell's property woes, it was again announced a hearing with him is scheduled for 9 a.m. Dec. 18 in courtroom 2 of the Carbon County Courthouse.It was also announced to the public that, according to Township Ordinance 2005-6, it is illegal to deposit, plow, push or shovel snow onto public roadways. Such action can incur fines up to $1,000 per violation.