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Residents accuse Supervisor Jeremy Smell of flouting zoning rules, urge consistent enforcement
Summary
Multiple residents and a longtime builder alleged at the Nov. 19 Gilpin Township supervisors meeting that a supervisor has operated businesses without required permits and that enforcement has been uneven; the board discussed procedures for zoning amendments and enforcement.
At the Nov. 19 Gilpin Township Board of Supervisors meeting, several residents accused a sitting supervisor of conducting business activity without proper zoning and building permits and urged the board to apply the township’s codes consistently.
Gary Hall, a builder and resident of 116 Silver Road, said the supervisor had "ignored the need to get zoning permits and building permits" and accused him of running an Airbnb and wedding venue in a district that requires conditional-use approval. Hall told supervisors: "You're not above it," arguing permits and zoning rules must be enforced equally for all property owners. Chair and other supervisors listened as Hall urged corrective action and transparency.
Multiple public commenters reinforced Hall’s concerns. A resident who identified himself as Sy of 267 Johnetta Road said the supervisor’s Facebook posts and construction activity had created safety problems and described encountering unsafe driving linked to recent development activity. Another resident, speaking about conditions on Janetta Road, said, "I do not feel safe walking my service dog," citing heavy truck traffic and what they described as inconsistent enforcement.
Supervisors discussed options for reviewing the code. The chair and the solicitor explained the formal process for zoning changes under state municipal planning law: an amendment must be drafted as an ordinance, property owners and the public must be notified, a public hearing with a stenographer is required where appropriate, and the planning commission must make a recommendation before enactment — steps the solicitor warned are necessary to avoid legal challenge. No formal changes to the zoning ordinance were made at the meeting.
The board accepted public comment and indicated any requests to amend zoning would follow the advertised amendment and public-hearing procedures. The chair also noted the option to review specific sections after a longer observation period before pursuing sizable revisions.
