Witness testifies that rezoning of parcels near Prospect Hill Cemetery was spot zoning

Angel Albring, York Daily Record
·3 min read

Manchester Township officials heard three hours of testimony Wednesday night disputing the rezoning of several parcels of land, but no decision was reached and the meeting has been continued.

The land in question is near Prospect Hill Cemetery. The rezoning of the two parcels near the cemetery, located at 180 Willis Run Road, 700 N. George St., 1201 Pennsylvania Ave. and Willis Road, is being challenged by cemetery owner Matt Seyler, who has sued Manchester Township and the Manchester Township Board of Supervisors.

Seyler alleges that the rezoning is an example of spot zoning, or zoning specific parcels of land within a larger area when the rezoning is at odds with a township's or city's master plan, and when the rezoning favors a single landowner or developer.

At Wednesday night's meeting, an expert witness said one parcel, belonging to Met-Ed, was changed for no reason.

Leah Eppinger was hired as an expert witness for Seyler's lawsuit. Eppinger is the executive director of the Housing Authority of Dauphin County and has a background in city planning. According to Eppinger, public utilities do not have to be zoned for a specific designation to operate within a township.

About 160 chairs were set out for the public during the Manchester Township zoning meeting at the Alert Fire Co on October 4, 2023.
About 160 chairs were set out for the public during the Manchester Township zoning meeting at the Alert Fire Co on October 4, 2023.

More background: Timeline: How did land next to Prospect Hill Cemetery get rezoned to allow a warehouse?

Met-Ed's parcel of land was once zoned residential low, like all of the land around it, including Prospect Hill Cemetery. In 2021, the land that houses the cemetery was subdivided and then 52 unused acres were rezoned to industrial. After the rezoning was complete, the land was purchased by Inch & Co. under the subsidiary of Penn Ave. Partners LLC.

John Inch, co-owner of Inch & Co., is a member of the Manchester Township Board of Supervisors.

A zoning map that was used during a presentation that shows the rezoned land (in green slashes) that was subdivided, sold and rezoned off of Prospect Hill Cemetery.
A zoning map that was used during a presentation that shows the rezoned land (in green slashes) that was subdivided, sold and rezoned off of Prospect Hill Cemetery.

At the time the rezoning petition was submitted to the board, Dave Unger, a former Manchester Township zoning officer, sent an email on behalf of the township planning commission to Shayne Smith of Met-Ed asking Smith if the utility company would be willing to rezone its parcel of land that adjoins the 52 acres at Prospect Hill.

In that email, which was shown at Wednesday night's meeting, Unger says that rezoning this land to industrial from low density residential would bring that Met-Ed lot "into conformance" with the land around it and "would also alleviate the potential for a 'spot zoning' argument with the current application."

Eppinger said this was unnecessary, though, and does nothing to change how Met-Ed uses that land. Public utilities pre-empt zoning laws, she said. It was her opinion that the only entity benefited from rezoning these parcels was Inch & Co., and that the rezoning could have a negative impact on all of the land owners around those 52 acres.

More related to the lawsuit: Inch & Co. sent cease-and-desist letter to Prospect Hill Cemetery owner Matt Seyler

She said that is why it is her opinion that this is a case of illegal spot zoning.

The attorneys for Penn Ave. Partners LLC did not get a chance to present their case to the board, and instead asked for a meeting continuance. The board agreed and will continue to hear testimony about this challenge at 6 p.m., Oct. 17, at the Alert Fire Co. hall, 3118 N. George St., Emigsville.

This article originally appeared on York Daily Record: Witness: rezoning of land near Prospect Hill Cemetery spot zoning