Fence is ordered for 'junk' property
An East Penn Township resident is required to install a chain-link fence at the 2105 East Lizard Creek Road property he leases or face 30 days in county prison.
Clair Troxell and the township have been locked in a legal battle for several years over vehicles, junk tires and other scraps on the property, which he uses as a truck terminal. The most recent development is designed to hide items behind the fence.The stipulation between the two parties was made official when Common Pleas Judge Joseph Matika signed a court order on Jan. 29.The fence will be on top of jersey barriers, making for a total height of eight feet, and extend around the perimeter of the property, with the exception of the western side. A 50-foot gate is also required."The biggest gripe everyone had was the mess down on the bottom of the property and we've gotten him to clean that up a little," said Board Chairman Dean Kercsmar during Monday night's supervisors meeting. "The fence is going up so you won't have a line of sight."According to the stipulation, the fence will be at the front of the property, but 157 to 196 feet off the center line of Route 895.Any deficiencies in the permit application for the fence need to be fixed within 10 days of notification from the township.A privacy fence had been requested by neighbor Harvey Keiper at multiple township meetings."It's a disaster down there," Keiper said Monday. "He has his trucks in the middle of the road every night, turning them around. He makes a big U-turn and parks the trucks right in front of my house with the high beams on for 30 or 45 minutes. Then they unload stuff from one trailer to another."Keiper expressed his concern that Troxell will have trucks parked closer to Route 895."All the trucks will be up by the road and you'll have the same mess you do now," Keiper said.Troxell will be allowed to park vehicles, commercial and noncommercial, between the fence and Route 895. However, they must be licensed and registered, and parked in an orderly manner and be at least 40 feet from the road's center line.Matika's court order also clarified that Troxell remains in contempt for failing to comply with Judge Richard Webb's order on April 14, 2011.At that time, Troxell was required to remove junk that included "junk vehicles, junk tires and other scraps."Webb ordered Troxell to pay $500 per day, dating back to East Penn's original zoning enforcement notice on Nov. 7, 2007, until the date he stopped using the property for storing junk and/or as a truck terminal.In 2012, however, the Commonwealth Court ruled that the fine could not be open-ended and instead was capped at $624,500.Kercsmar told Keiper the new fence will change things for the better."I sure hope so," Keiper said. "It's a shame we have to live like this."