Everyone was present for the Blue Mountain Plaza retail complex zoning hearing in Lower Towamensing Township, but before testimony could be heard, a small requirement had to be met. It wasn’t.

The zoning ordinance requires that the developer notifies all of the property owners adjacent to the proposed development at Covered Bridge and Lower Smith Gap roads through certified mail.

The 5-acre lot would consist of three buildings: a convenience store with a gas station and a building for a car wash beside it, then one large, two-story building containing a restaurant, three retail spaces and 15 apartments on the second floor.

Jay Cooperman, a managing member of developer Dynamic Capital Properties LLC, said he did that but he only had one green certified mail card in hand to admit as evidence.

He said eight property owners were notified.

Cooperman said he had received more of the green cards, but he didn’t have them with him. He did have a receipt from the post office with all of the tracking numbers of the notifications that were mailed.

However, the township’s ordinance doesn’t list post office receipts with tracking numbers as acceptable evidence.

James Ord, chairman of the zoning hearing board, said it’s typical for them to have a small percentage of people who do not accept the certified mail, and so developers almost never have all of the green cards, but having only one green card on hand is another story.

“I do think it creates a problem, because it leaves a legal loophole going forward and opportunities for appeal,” Ord said.

“Honestly, I think you would be better off and he would be better off if he re-sent them,” said Holly Heintzelman, the zoning hearing board’s solicitor. “My suggestion, Mr. Cooperman, is that you ask for a continuance and that you comply with the certified mail requirement.”

If the board were to grant the variances and the notification step was not followed in accordance with the ordinance, then someone could object to it and appeal, saying that “the service was not proper,” Heintzelman said. Likewise, if the zoning hearing board denies anything the developer is requesting, then he could appeal.

Cooperman said he was fine with asking for a continuance.

“I understand your ordinance and the rules,” he said. “I’m not looking for anybody to bend the rules.”

The zoning hearing board granted the continuance and rescheduled the hearing for 7 p.m. March 8 in the municipal building. That will give the developer enough time to send out notifications again to the property owners with the new hearing date.

After the meeting, Cooperman said in an interview that although earlier plans for the development included a business with a drive-thru, that idea had been dropped in the latest plans.

“No drive-thru,” he said.