The Penn Forest Township board of supervisors has agreed to stay out of a zoning dispute between a homeowners’ association and a part-time resident who rents campsites on his 400-acre property.

The supervisors agreed Monday night that they will not intervene in a zoning appeal filed in Carbon County Court by the Sunrise Ridge Property Owners’ Association against Scott Dietrich.

The Sunrise Ridge residents are asking the court to overturn a decision by the township zoning hearing board allowing Diet­rich a special exception to operate eight camp sites in an R-2 residential zone.

Dietrich owns property bordering Lehigh Gorge State Park.

Dietrich advertises sites on the website tentrr.com under the names “Bear Creek Retreat” and “A Creek Runs Through It.”

The supervisors could file a petition to intervene and become a party in the suit, like they did in the zoning appeal filed by a wind farm developer whose plan was denied by the zoning hearing board last year.

But Chairman Warren Reiner said that the supervisors should stay out of the appeal regarding the campsites.

“We’re not gonna go with it. Whatever the hearing board does, that’s what they’ll do. We’re not going to interfere in the hearing,” Reiner said.

The suit, filed June 19, states that the zoning hearing board’s decision was arbitrary, unreasonable, and an abuse of the board’s discretion.

In its filing, the homeowners’ association alleges that the zoning hearing board only looked to see if Dietrich met the list requirements to operate a “camp” use in a residential zone.

The homeowners said that is a problem because the board didn’t consider another list of requirements in the ordinance, which apply to any request for a special exception.

The homeowners’ association filed their appeal June 21 — which is actually past the 30-day deadline for parties to appeal a zoning decision.

The attorney for the homeowners’ association, Geoffrey Worthington, said the reason it was filed late was because the zoning hearing board’s attorney didn’t send him a copy of the decision until May 31.

Worthington included letters he wrote to the board’s solicitor, Michael Greek, dated April 8 and May 28, requesting a written copy of the decision.

The zoning hearing board approved the special exception with two conditions: Dietrich must provide a fire prevention plan approved by Department of Conservation of Natural Resources and the Penn Forest Fire Chief, and that he cannot use the cabin as a residence.

At Thursday’s meeting of the board of supervisors, residents said they are concerned that the township isn’t doing more to hold Dietrich responsible for meeting those requirements.

Tom Rauch, president of the Sunrise Ridge Property Owners’ Association, asked if the township received the fire protection plan. He said that the supervisors should compel the zoning officer to visit Dietrich’s property, and see if he is complying with the decision.

“The attorney advised me that if he is not meeting the conditions of the special exception, he cannot be running his campground back there. And the zoning board is doing nothing to stop it,” Rauch said.

Reiner stated clearly at the beginning of the meeting that he could not give any legal opinions because Solicitor Tom Nanovic was absent.

Residents continued to express general concerns about the sites operating as well. Frances Rauch said the township would cite her if she had campfires without the proper permits. Dietrich’s tentrr.com listings advertise firewood for sale. 

Bill Miller said that Dietrich is operating a business and he should widen the road to his property so emergency vehicles can access it.

Meanwhile, the Department of Environmental Protection received a complaint about gray water and improper human waste disposal and asked the township’s sewage enforcement officer to submit a report. The township did not make the report available Monday night.

The township zoning hearing board has until July 21 to respond to the suit.