Lower Gwynedd church’s zoning application concerns Meadowcreek Circle neighbors

Prior to its general business, the Lower Gwynedd Township Board of Supervisors took time out to hear thoughts on an upcoming Zoning Hearing Board (ZHB) matter. Several residents of Meadowcreek Estates, located along Meadowcreek Circle in Spring House, voiced concerns about an application from the neighboring Bethlehem Baptist Church.

The church is applying for the land to be designated for “religious use.” The ZHB is set to convene on the matter on July 11 at 6 p.m.

Meadowcreek Circle resident Dr. Jim Sendak of Lower Gwynedd spoke first on behalf of the neighborhood of Meadowcreek Estates.

“I’m concerned that it is for a special exception,” said Sendak, who noted the church’s application was listed as a “religious purposes” use.

“The church already has 712 Penllyn Pike, and they’ve purchased 835 Dager Road,” said Sendak. “They now want 833 to also be an exception.” Sendak said that the two pieces of land and 712 and 835 already total nine acres of land, which abuts Meadowcreek Circle. Should the church be permitted to add the third lot, there would be a total of 13 acres encompassed for “religious use.”

“The 30 neighbors of the abutting community are concerned,” said Sendak. “What is a religious use?” I’m asking for the board, I don’t know if you can provide an opposition? But to provide representation at the zoning board hearing through a solicitor, so you know what’s going on at that particular property of 13 acres of land, because we certainly don’t know what’s going to happen there.”

The township resident said that an ill-placed notification was somewhat to blame for location confusion and late awareness of the issue.

“As today [June 25], they’ve posted a note on the property itself,” said Sendak, who’d spoken to the church’s pastor to have it moved from its previous location in the church’s parking area.” The sign was placed in front of 833 Dager, and the house that currently sits on the lot.

Sendak said that many community residents were unclear about the proximity of the new space in question.

“People that did receive a notice in the mail didn’t know where 833 Dager was,” said Sendak. “They didn’t know it was right there, right up at the back of our properties.”

Sendak added that the entire process has been vague and lacking in communication between the church and area residents.

“We want to know exactly what’s going on,” he said. “To say that our neighborhood is scared is an understatement of what could happen or what they want to do to that property.”

Sendak said that he hoped for restrictions to be placed on the land, such as not allowing a new church structure to be built on it. He also cited the Religious Land Use Act, which was placed into law by the federal government in 2000.

The act which states that it “prohibits any government from imposing or implementing a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution” worries the Meadowcreek Estates community members, as they fear the township itself could lose the right to place such restrictions on the land in the future, should it be officially made for religious use.

Chairwoman and Township Supervisor Danielle A. Duckett asked if Sendak could “articulate what the concerns are” when it comes to the church owning the neighboring property.

“It’s the unknown,” Sendak told the board. “They’ve mentioned that it could be anything from a ministry day camp, to a wedding. It’s a lot of property. Is there an end game? Why are they doing all this?” He also claimed that church representatives have already “knocked on the door of 825” to show an interest in buying more property, as well.

Sendak said that neighbors had planned to meet with the church’s group to discuss concerns, and a meeting was scheduled for June 26. 

“We strongly encourage everyone that has a zoning concern to have a conversation with somebody,” said Duckett, hoping that residents could first learn more about the concepts before opposing a land-use request.

According to Sendak, the ZHB had delayed previously scheduled hearings with the church’s agreement in order to give residents time to gather information. He said he’d filed a Right to Know request for the application itself to find out what the full extent of the church’s request was.

“That’s what religious organizations do,” said Township Supervisor and Board Vice Chair Michael Twersky. “They acquire land. The best thing you can do, and we tell everybody this, is to talk to your neighbor. You guys should be talking, and then you’ll have a better understanding of what it is, and then you can voice your concerns there.”

Twersky added that the ZHB is a “separate judicial body” from the board of supervisors. 

“It’s unrelated, other than that they’re in the township,” he said. 

Duckett said that, in order for the church to tear down buildings or build new ones, there were a number of hurdles that would come up as part of the process. She offered the township’s solicitor, Neil Stein, Esquire, to explain some of the stages.

“There are three distinct processes involved in the development of a property,” said Stein. “If it’s an existing building, there’s the Zoning Process, which deals with use. If new construction was to take place, or sometimes additions to existing buildings, you may have a Land Development Process. And then, for things that occur in the interior, like fire for example, you would have Building and Occupancy Code regulations that need to be followed.”

Stein said that the church would have a complicated and extensive process to face if its plan was to rebuild. He compared the religious use act to cell phone tower usage, which can be tough to restrict as they are protected on a federal level. He noted religious use is “broadly defined” and could include things like daycare facilities, weddings, banquets, or meeting halls.

“It doesn’t deprive the township of all control,” said Stein. “But, it does provide that the township cannot create an undue burden on a religious institution that it wouldn’t otherwise impose on a similar institution on a non-religious character.”

The solicitor said that the ZHB would have the ability to make restrictions, should they choose to do so.

“Any restriction, and because this is a special exception, the law in Pennsylvania’s [legal code], the zoning hearing board can impose restrictions, as long as it’s reasonably related to the application. So, it would be up to the zoning hearing board what conditions they’d want to impose on the application.”

Stein said the terms are often worked out between neighbors and presented to the ZHB as “more of an agreement.” 

“I think it’s a conversation for you to have with your neighbors,” said Duckett. “They’ve been good community members, good community partners. I think you having a conversation expressing your concerns is the best first step.”

Ted Hurst, also a resident of Meadowcreek Circle, asked the position of the board when it comes to the ZHB.

“If there was an occasion that we needed to take a position, and send our solicitor, whether to oppose or in support of, we would need to be able to vote,” said Duckett. “There would be no consideration unless we put something on the agenda, to allow us to vote, to either send or not send our solicitor.”

She said that, by placing the discussion on the agenda, it allows for public and board comment on the matter, as well. She also said that the church owns the properties, currently. 

“They’re applying for a special exception for the uses of that property,” said Duckett of the church’s application before the ZHB. “They’re consolidating it into one parcel number. So, they’re already in possession of it. It’s already their property. This is an opportunity for the public to address concerns. We don’t know what their anticipated us is. They’re not required to give us a memo.”

Answering additional questions posed by Hurst, Duckett also said that the special use for the “flag” property (835 Dager) behind the church was already approved in 2014. In 2016, the church was before the ZHB for its parking lot. During the 2016 ZHB decision, it was required that the church combine 712 Penllyn Pike and 835 Dager into one single property.

“I get it, they own the property, so what,” said Hurst. “I own other properties, too. I can’t just go and combine them all into one at my will. That’s the whole purpose of zoning. That’s the whole purpose of the way this township was set up, and the way that you guys structured the zoning in this area.”

Hurst continued that he saw no need to give the church such leeway in their land. 

“There is no need for additional churches in the area,” he said. “There are plenty of churches in the area. There has to be a need, as well.”

Hurst said that, by allowing the church to amass larger parcels of land, as it “opens up the door for a whole different type of construction to take place there. And I’m shocked that this board does not have an opinion on that. That I will say.”

The supervisors said that the property had been zoned for religious use for quite some time, with its last residential zoning dating back to “the early 1900s.” Prior to the Bethlehem Baptist Church’s use, the space was a synagogue. 

Twersky told the neighbors to attend the ZHB, if they wanted their concerns to be heard and documented.

“If you’re opposed to this, go. Get as many neighbors as you can, and go,” he said. “The zoning hearing board will take testimony and will listen to you.”

He said in addition to the residents’ actions, the board could independently also choose to attend or voice an opinion, but have not heard any reason to do so.

“In the 10 years they’ve had 835 [Dager], has anything changed?” he asked, to which Duckett said no, nothing had been done. “You have the opportunity to have your voice heard before the zoning hearing board, as does any resident.”

Duckett again implored the residents to speak with their neighbors to find some common ground and agree upon terms that made sense. 

“I’ll speak for myself,” she said. “I don’t think I have enough information to make a determination to vote to send our solicitor or not, because I don’t know what they would potentially do.”

Township Manager Mimi Gleason also wanted to make a point clear to the residents.

“If the board voted tonight to send the solicitor, the solicitor would not be acting on your behalf,” she said. “He would not be acting on any of the neighbors’ behalf. He would be acting on the board’s behalf. The solicitor represents the board of supervisors.” 

Stein added that, because the application was for a “special exception,” the grounds on which anyone can oppose the application are “extremely narrow.” Stein also noted that the ZHB would have to “keep the record open” in order for the board to voice any opinion after July 11. The ZHB will have 45 days, following the July 11 hearing, to make a final decision. However, if that hearing is “closed,” no further testimony can be heard, not even by the board of supervisors.

“I’ve gotten to know the people of this church,” added Twersky. “They’ve always been decent, reasonable people. I would be really surprised if they’re not going to be reasonable about what you’re concerned about.”

He said before the concern was excessive, he’d also encourage the neighbors to meet with the church’s representatives. 

Stephanie Harding and Brian Brown, both of Meadowcreek Circle, said they abut the property with their land.

“They already are our neighbors behind our property,” said Harding. “We’ve met them. They’re nice people.”

Harding said that her concerns were due to the couple’s 12- and 14-year-old children. 

“It’s the unknown, not knowing what they’re going to do over there,” said Harding who noted uses such as “a safe haven for drug addicts” worried her as a parent. “It could be a soup kitchen, which results in heavy traffic, and they’re our neighbors to our backyard.”

She said the present property has a distance from their home, but this new addition to the parcel would make the church’s land “behind and alongside” her own yard. 

“It’s a huge concern,” said Harding. “We’ve owned the home since 2019.”

She said in January 2023, a funeral held at the church was held for what she called “a motorcycle gang.” 

“Tons of motorcycles, all this stuff going on,” she said. “It was the very first heavy human traffic. It was the Thunder-Guard’s MC. It is an outlawed motorcycle gang.”

She said she did think the church had good intentions but fears events like the funeral causing issues for her family.

“It isn’t about them being good or bad people,” said Harding. “It’s about not knowing the very open possibilities of what they can do, now not just behind us at a good buffering distance from us, but all around us.”

Brown added that changes in pastors could even change the direction of the church, and without that “buffer” that currently exists between their properties, they are against the special use.

The supervisors reiterated that many uses are permitted by law, and it would not be permitted to oppose those uses as it would be considered discriminatory. With the church in ownership of properties, there is little the township can restrict. 

“If they agree to conditions, and those conditions are imposed by the zoning hearing board, and they violate those, the township can enforce those conditions,” said Stein.

The supervisors recommended making concerns a part of the ZHB testimony. Without more information, nor a basis to oppose it, the supervisors said they did not feel the need to send the township’s solicitors. No vote was held on the matter. The zoning hearing board of Lower Gwynedd Township will convene on July 11, at 6 p.m., in the Public Meeting Room, 1130 N. Bethlehem Pike in Spring House.