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Solicitor renders opinion on zoning issue

A lawsuit could be headed East Penn Township's way after its solicitor said Monday night he doesn't feel trailers on a township supervisor's property violate any municipal ordinance.

Solicitor James Nanovic rendered his opinion after meeting with East Penn zoning officer Richard Dietrich to review Dietrich's reports on the property, owned by Jacob Nothstein, the board of supervisors' vice chairman.For months, Jason Rapa, who owns land adjacent to Nothstein on Municipal Road, has been asking the board to take a stand after claiming the trailers don't have a valid license and registration."I feel it's a violation of the ordinance," Rapa said. "I've been trying to have this resolved in an informal manner and not cost the taxpayers money, but it appears the board doesn't want to see it that way."Nanovic said the trailers were noted in a zoning report along with concerns about high grass on the Nothstein property."Mr. Dietrich noted the trailers because if they are used for storage, he thought that may require a permit," Nanovic said. "I think it's a gray area in the ordinance, and because zoning ordinances are generally construed against the municipality, it would be tough proving that is a violation."Parallels were drawn to a battle the township is having with Clair Troxell including trailers Troxell had parked at Rex's Market in Ashfield."Mr. Troxell was using that property solely for the purpose of parking commercial vehicles, and we felt him making that the primary use, because the store is closed down, was in violation," Nanovic said. "With Jake's property, the primary use was that it is his residence."Rapa sees it differently."The only difference I see is where the two of them sit in this township," Rapa said. "I don't condone what Mr. Troxell is doing, but there is discrimination here."He further claimed that Nothstein twists the zoning ordinance to fit his needs."It's a storage unit when he wants it to be a storage unit, it's a trailer when he wants it to be a trailer and the circular argument just doesn't end," Rapa said. "I was really trying to avoid taking this to the next level."In other business Monday night, supervisors again announced that there is a $1,000 fine for anyone who pushes snow onto a public road.Supervisor and board secretary Deanna Cunfer said several letters are being sent to property owners who are "in blatant violation."The township office will be closed today, Feb. 16 and Feb. 17.The February planning commission meeting has been canceled.