Judge reverses Hanover zoning decision, allows Gunny’s Ridge to proceed
A judge has stepped in regarding a zoning dispute in Hanover Township, ruling in favor of a nonprofit that aims to provide therapy for veterans and first responders suffering from post-traumatic stress disorder (PTSD).
In an opinion issued Thursday, Washington County Court Judge Michael Lucas reversed the Hanover Township Board of Supervisors’ denial of a conditional use approval for Gunny’s Ridge Veterans and First Responders Outpost.
“Obviously, we’re happy. I think once people see what we’re doing, they’re not going to be so concerned. We’re just glad for the support that we did get in this process. We just want to be good neighbors, that’s all we’re looking for; just give us a chance,” said Timothy Motte, vice president of Gunny’s Ridge and a Hanover Township resident.
Motte is a retired Pennsylvania State Police trooper and a U.S. military veteran who served two tours of duty in Iraq and battles PTSD.
In the ruling, Lucas determined that supervisors “have misinterpreted and misapplied their zoning ordinance.”
The order calls for supervisors to approve Gunny’s Ridge’s conditional use application and to issue a conditional use certificate.
In January, Hanover Township supervisors denied the nonprofit’s request for a conditional use for tourism for the complex, which Motte wanted to open on his 101-acre property on Meadow Road.
The property is located in a rural preservation district, which provides owner of rural property a means of ensuring preservation of farms, open space, and the scenic value that rural land provides.
Supervisors had determined Gunny’s Ridge did not fit within the purpose of a rural preservation district, and ruled it does not fit within the zoning ordinance’s definition of “tourism.”
Several township residents voiced opposition about the nonprofit’s plans to operate in the rural preservation district and signed a petition against objecting to its opening.
In his opinion and ruling, Lucas found that the supervisors erred in denying Gunny’s Ridge’s application for several reasons, including their contention that the activities veterans and first responders would participate in – among them, education activities, workshops, camping, animal husbandry, sustainable agriculture, rappelling, and horseback riding – are “therapeutic” activities and fall outside of the definition of “tourism.”
“However, the above definition for ‘tourism’ does not necessarily exclude “therapeutic activity,” Lucas wrote.
Lucas said the township’s definition of “tourism” includes three exceptions: a bed and breakfast, a sportsmen’s club and commercial recreation, and he ruled the supervisors did not determine that Gunny’s Ridge was any of the three.
Lucas also found the supervisors’ conclusion that tourism must be open to the general public “isn’t consistent with the scheme of the zoning ordinance.”
Additionally, the agricultural, recreational and educational activities activities proposed by Gunny’s Ridge appear to fit within the zoning ordinance’s non-commercial recreation uses.
“The Hanover Township Board of Supervisors and those residents opposing ‘Gunny’s Ridge’ must abide by the terms of zoning ordinance as it is and not as they wished it would be,” the order concluded.
Gunny’s Ridge plans to provide workshops on programs that include team building, such as obstacle courses and adventure-based leadership courses, and skills development.
Gunny’s Ridge plans to partner with Fortis Future, a multidisciplinary treatment program for veterans, military and first responders coping with traumatic stress, and Adventures in Training With a Purpose. The complex will include a main lodge, a barn, and a parking area.
There will be no hunting or gun range on the property.
Mike Snider, president of Gunny’s Ridge and a retired U.S. Army Special Forces officer, said the nonprofit can now move ahead with the programs they plan to implement. Currently, Gunny’s Ridge operates a K-9 service dog program and partners with a facility to offer equine therapy.
“We’re ready to begin serving the veterans and first responders in our community,” Snider said.
The township has 30 days to appeal the decision.
A call to the Hanover Township Municipal Building for comment was not returned.