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Neighbors raise stormwater concerns as Upper Hanover vows to oppose Szymanski home‑occupation variance
Summary
After neighbors presented photos of large fill piles, compacted areas and regrading, the Planning Commission and Board voted to send the township solicitor to oppose Kazimir Szymanski’s Zoning Hearing Board application for a home occupation; the Kents asked the township to investigate stormwater threatening their well and septic.
Upper Hanover Township officials voted at a March 26 joint meeting to oppose a zoning‑variance application from Kazimir Szymanski after nearby residents presented photographic evidence of fill, regrading and material stockpiles they say are causing stormwater to flow onto their property.
Szymanski, the applicant for a home‑occupation permit at 2543 Kutztown Road, told the board he is shifting the property's use toward a "food garden" with chickens, described equipment kept on site and said he accepted fill trucked in from outside the township to build raised planting beds. "He doesn't understand why he needs any permits or zoning approvals to do this," the transcript records.
Neighbors Linda and Brian Kent said the site contains large stockpiles of fill, broken concrete and areas compacted by parked contractor equipment, and that one regraded path runs parallel to their property and funnels stormwater onto their yard, risking well water quality and septic integrity. The Kents said they have filed complaints with the Pennsylvania Department of Environmental Protection and the local Conservation District; the Conservation District said it would visit the property and issue findings by letter or email.
Planning Commission member Jon Warren moved to recommend the Township solicitor attend the Zoning Hearing Board hearing and oppose the application; the commission approved the motion 5‑0. On the Board of Supervisors, Supervisor Stefan Laessig moved to send the Township solicitor to oppose the Szymanski application; the motion, seconded by Vice‑Chair Ben Fiorito, passed 4‑0.
Township Solicitor Zac Sivertsen will represent the Township at the Zoning Hearing Board hearing scheduled for April 15 and present the Township's opposition and any evidence or conditions the Township deems necessary. The transcript notes that the applicant had previously had a home‑occupation permit revoked and is seeking variances from Upper Hanover Township Zoning Ordinance Section 500‑809(C)(5), (C)(6) and (C)(12); the application also mis‑cited Section 500‑809(B)(6), which does not exist in the ordinance.
Next steps: The Township solicitor will appear at the April 15 Zoning Hearing Board matter and the Conservation District will conduct a site visit; the Township may pursue enforcement depending on the Conservation District’s findings and the ZHB outcome.
