Damascus board approves controversial subdivision

Passes enforcement of easement onto county ag board

By TOM KANE

DAMASCUS, PA — Despite the rejection by the township planning board, the Damascus Township Board of Supervisors approved a subdivision of a track of land that holds an agriculture conservation easement.

They took the action at the township board meeting on December 19 on the suggestion of their attorney, Lee Krause.

Agricultural properties with such easements should not be subdivided, according to the Wayne County Agricultural Land Preservation Board. The easement is a way the state and the county preserve farm lands so that they will not be subject to development.

Attorney Randolph Borden, who represents Clint Dennis, the landowner who seeks the subdivision, said Dennis will not develop the property if he gets the subdivision approved.

Borden said Dennis wanted the subdivision to protect his property.

When Krause informed Borden of the agricultural restriction, he insisted that his client still wanted the township board to approve the subdivision.

“My client is willing to face the objections of the ag board and even take them to court if necessary,” Borden said.

“As long as we [Damascus] are not subject to a court action, we’ll approve it since it is allowed by our ordinance,” said Damascus Township supervisor chair Bill Gager. “The regulation against it does not come from this township.”

Krause supported Gager’s action and assured him that the agriculture board would not sue the township.

“I caution you and your client that the agriculture board will oppose this and take action against you,” Krause said to Borden.

“We rejected it [the subdivision] based on the fact that you can’t subdivide a property that has an agricultural easement on it,” Ernie Matern, chairman of the planning board, said. “Now that I hear what Mr. Krause has said, we do not oppose it.”

The township had earlier received a letter from the agriculture board, stating that it opposed the subdivision and maintaining that Dennis had not followed the proper state procedures.

“They are very likely wasting their time,” said Marlyn Shaffer, chairman of the agriculture board, when told that Dennis and his attorney might take them to court if they block the subdivision. “This easement and its restriction are in the deed in perpetuity,” he said.

Division over Fred Haase’s action

In other board matters, the board approved the hiring of supervisor Fred Haase as a highway worker, who began his job on December 15. Several residents and two officials objected that Haase was not doing the necessary plowing required by a highway worker, but was spending time in the township building.

“I was getting myself familiar with the duties of a road master since I expect to be appointed road master on January 1, 2006,” Haase said. Supervisor-elect Jim Freiermuth, who will take on his duties on January 1, has said he would vote to have Haase replace road master Stan Kuta, who is leaving his job as supervisor and road master.

Haase’s comment set off a shouting match between him and Kuta and others, who insisted that Haase should have been familiar with the roadmaster duties since he has been a supervisor for two years, and that he should fulfill the duties for which he was hired.