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Upper Hanover authorizes solicitor to defend zoning violation in Kraussdale Road cemetery dispute
Summary
The Board authorized Township Solicitor Zac Sivertsen to attend the Zoning Hearing Board to represent the township in defending a Notice of Violation related to cemetery operations at 1060 Kraussdale Road; the solicitor was explicitly restricted from arguing against the requested variance. The vote was 5-0.
The Upper Hanover Township Board of Supervisors on Jan. 13 authorized Township Solicitor Zac Sivertsen to attend the Zoning Hearing Board and represent the township’s interests in defending a Notice of Violation issued for cemetery operations at 1060 Kraussdale Road. The motion, made by Supervisor Stefan Laessig and seconded by Tim Woodward, passed 5-0.
The action followed a presentation by applicants Mr. and Mrs. Crossin, who were represented by attorney Christopher Mullaney. Mullaney urged the board not to take a position on the application and noted the violation stemmed from a complaint filed by neighbor Brandon Reed, who volunteers on the township Planning Commission. Solicitor Sivertsen advised the board about the township’s role and the nature of typical variance requests.
The board’s authorization included a clear limitation: Sivertsen may defend the validity of the Notice of Violation and assist with interpretation of the township zoning code, but he was not to make arguments opposing the granting of the requested variance; that determination was to be left to the Zoning Hearing Board. The motion was recorded as approved 5-0.
Why it matters: the solicitor’s participation signals the township will defend enforcement actions tied to the cemetery operation while allowing the Zoning Hearing Board to decide on any use or dimensional relief sought by the applicants. The transcript notes the complaint originated with a neighbor who also serves as a Planning Commission volunteer; that fact was raised by the applicants’ attorney as part of his argument for board neutrality.
What’s next: the matter will proceed to the Zoning Hearing Board. The township’s representation will focus on defending the Notice of Violation and interpreting the zoning ordinance; any variance requests will be decided by the ZHB.
