Decision on Whitemarsh Resident's Proposed Horse Arena Expected

Zoning Hearing Board members must review evidence presented during a two-night special hearing to decide if a building permit was correctly granted for Whitemarsh residents to construc a large horse barn and indoor riding ring in Blue Bell.

Patricia Lorenzo of Kurt Drive, Blue Bell, appealed to the board after she said she found out a nearly 22,000 square-foot indoor riding arena was being constructed at 960 Morris Rd., 130 feet from her back yard, as .

Lorenzo contends Michael McAndrew, township zoning officer, should not have granted a permit August 18 for the horse barn with six stalls and indoor riding arena as an accessory building in a R-1 zone to 960 Morris Rd. LLC, owned by Brad and Andrea Heffler of Whitemarsh Township.

She told Whitpain’s supervisors Oct. 5 she was “duped” by planning commission vice chairman and lawyer for the Hefflers, Mark Clemm.  Lorenzo said he told her in February the Hefflers have two horses, plan to build a new home, and a “covered corral” near Morris Road, and have open grazing pastures on nearly 11 acres. Lorenzo granted a sewer easement for the project and was paid $5,000.

On September 27 Lorenzo said she “got a funny feeling” as she watched the construction.  She went to the township building and found approved plans for a horse barn and indoor riding arena. 

McAndrew testified he erroneously told Lorenzo to appeal in Montgomery County Common Pleas Court since the 30-day window for appeals had expired.  He also told her to seek legal counsel, which she did not immediately obtain. 

During the first part of the special hearing on Nov. 3, issues regarding timeliness of the appeal were argued, as .   On Nov. 28 they were briefly continued before the board went into executive session 25 minutes. 

Frank Bartle, zoning hearing board solicitor, said during the executive session the board found Lorenzo had partial “standing” for appealing past the deadline, but did not elaborate. 

If the board decided Lorenzo did not act in a timely manner, the appeal would have been quashed.  The decision allowed for testimonies to resume, but Bartle added, the board may revisit the timeliness issue later.

Lorenzo’s lawyer, Edward J. Hughes of Hughes, Kalkbrenner & Ozorowski, showed board members the plan by the Heffner’s’ engineer, Timothy Brouse of Alta Design Assoc. that was used during a July planning commission meeting.  The plan for a home and creating two subdivided lots did not include the horse barn and riding arena.  

Hughes also showed earlier plans with differing lot sizes, and asked Brouse why the lots were changed.  Brouse said, “It’s a fluid situation.”

Hughes said, “A neighbor would not know about changes.”

Brouse replied, “Someone could go into the township [building] to view them."

Bartle stated, “Someone would have to keep up with plan changes.”

Hughes also asked Heffler who lives in the existing farmhouse.  She said a caretaker for the property, who now cares for her horses in Whitemarsh since the appeal halted construction of the barn.

Heffler also testified she did not know whether she will live in the new house.

She said she has two horses she intends to keep and ride in the proposed barn and arena.  She said her friends may “ride or trailer horses” to ride in the arena, but added, I don’t plan to have borders [horses].”  When asked how many horses she may keep, she said, “I don’t know.  I have two.  I can’t say.  There is a possibility I might own more in the future.”

Heffler told Hughes there would be one employee for the barn and arena.  When asked about hours of operation when wondering about security lighting, Heffler said, “It’s my barn.  I can invite whoever I want whenever I want.” 

Hughes told board members that the horse barn and indoor riding arena is the primary, rather than accessory, structure for the property. 

Hughes called land planner and landscape architect Victor J. DePallo to testify as an expert witness.  DePallo told the board accessory structures allowed in R-1 zones include:  private green houses, home occupations, and no-impact businesses.  

Edward Lane, board chairman, asked, “What about swimming pools and garages?”  DePallo responded, “Anything not on the list should go to the zoning hearing board for determination.” 

DePallo said determining factors for declaring a structure as "accessory" include:

• The ordinance itself
• Area surrounding a site
• Intent of the authors of the code
• Circumstance of use or additional unusual uses.

He said impact concerns of an indoor riding ring at 960 Morris Road are: traffic along Morris Road, odor, pests, and noise and lighting in the evening.

DePallo said the 21,735 sq. ft. riding ring was “not appropriate to be located in a R-1 district.”

Hughes asked Brouse the reasoning for situating the barn and arena in the planned location.  “Aesthetics – it looks good.”

Later Clemm called on Brouse to testify. “In Whitpain, it is common to see property with horses on it,” he said.   Brouse biked around and marked nearly 25 properties on a township map that were horse farms, or had horses.   He also added,  “It’s my understanding you can have a horse in any zoning.”

He and Clemm referred several times to a very large horse farm across Morris Road [Saly Glasman’s property] when explaining “the nature of the community.”   Andrea Heffler said she and her husband chose to build in Whitpain because “It’s a horse-friendly community with riding trails.”

Hughes asked Brouse if he knew the zoning of the horse farm across the road from the Heffler’s property.  He said he did not know.

The township web site zoning map lists Glassman’s property as “R-5.”  Hughes noted the farm is 30.95 acres.

During public comments Carl Weiner of Pheasant Meadow Road said, “[Regarding] the property across the street, Glasman lives there.  Mr. and Mrs. West [previous 960 Morris Rd. property owners] lived there.”

John Mraz of Gingko Drive told board members not to consider Glassman’s property.  “There is a big buffer of trees.  And, from my house I see a lot of trucks coming in and out for horses,” he said.

Lorenzo told board members several times she was concerned the indoor riding arena could be used for commercial purposes based on its size, and because it is close to a riding trailhead.

She also said building the barn and riding arena on a middle lot with unencumbered lots on either side would allow for future development, such as townhomes proposed for Red Fox Farm on Skippack Pike. 

Board chairman Edward Lane asked Lorenzo if she would object if a house the size of the riding arena were built instead.  “The three words in real estate are location, location, location,” said Lorenzo.  She told board members the arena would lower property values, but she would “love” having a single-family home like that near her property.

Her voice started to crack late in the hearing when she said she wanted compromise, which would include screening and moving the barn.

Clemm tried to ask Andrea Heffler what else Lorenzo wanted for compromise, but Bartle interrupted him.  “If you want to talk about settlement negotiations, it is not permissible,” he said.

In closing, Clemm and Hughes each presented case law to support their arguments. 

Clemm also said what is not addressed in the R-1 zoning ordinance “affords the land owner the broadest possible use…” He added,  “ The ordinance doesn’t say, ‘These uses and no others.’ This is not an exhaustive list” for accessory structures, he said.

Hughes said, “The house is subordinate to the riding ring and is not the principle use”  for the property. 

Lane said he hopes the board will announce a decision during the regular Dec. 15 zoning hearing board meeting.  By law, the board has 45 days to render a decision.