Hatboro Council Won't Appeal Warehouse Usage

HATBORO, PA —The Hatboro Borough Council will not challenge a zoning hearing board's decision on the usage of an East Moreland Avenue business.

When it came time Monday night for the council to decide on whether to appeal the decision by the zoning hearing board that the warehouse at 14 E. Moreland Ave. could continue operating its usage for retail sales, the council remained mum.

After some discussion with the borough's solicitor and council members, no motion was made for the borough to appeal.

Borough Solicitor Rebecca Geiser told the council that it might cost the borough between $10,000 and $15,000 to appeal the decision before the Montgomery County Court of Common Pleas. She said that the zoning board solicitor would then be pitted against her in a court battle and that those solicitor fees could cost between $7,000 and $8,000.

"So it could cost us $20,000 to appeal," Council Vice President Dave Stockton said at the council meeting.

The zoning officer had issued a notice of violation to the applicant that determined the property was being used as a warehouse space, which is not permitted in the RC-2 Retail Commercial Zoning District.

The applicant appealed the violation, saying the property is used for Retail Auctions, and that the use constitutes retail sales, which is permitted in the RC-2 Retail Commercial District.

The applicant sought a determination from the Zoning Hearing Board that the current use is consistent with the RC-2 Retail Commercial District Use regulations.

The hearing was closed and the ZHB members determined that the use of the property by the applicant is retail sales and the appeal from the decision of the zoning officer was granted.

Resident Kelly A'Harrah said that she understood that the appeal would cost the borough a lot of money, but believed the business didn't "jive with meeting the letter of the law" because it wasn't a retail operation where people could enter the business.

Councilwoman Nicole Shay said, though, that she did some research about how the business operates.

"We did look into it and we did ask a lot of questions," Shay said. "Sales are sales."