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Residents take legal action against proposed Adams Township venue

ADAMS TWP — Neighbors are taking action in an attempt to prevent the opening of an event venue in an Adams Township residential neighborhood.

The homeowners associations of the Kaufmann Run Estates and Gabriels Crest neighborhoods have filed a writ against both property owner Linda Santa and Adams Township itself in response to the Santa family’s plans to open a wedding venue at their farm on Hespenheide Road.

The action was discussed at a township board of supervisors meeting on July 28.

“A writ just means they filed a piece of paper,” said township solicitor Michael Gallagher of the Gallagher Law Group. “It's not a complaint. We don't know what they're saying. We just have a writ.”

In response, Adams Township filed a praecipe for rule to file complaint. This compels the plaintiffs to file a formal complaint within 20 days detailing their grievances, or else risk a judgment not proceeding.

John Bench, the attorney representing the homeowners associations, as well as a resident of Kaufmann Run, has said he intends to do exactly that.

Plans for the “Santa Barn” were made public during a board of supervisors meeting in late April, when numerous township residents — many of whom live in the nearby Kaufmann Run neighborhood — raised their concerns about a potentially crowded event space opening up near their homes. Concerns included potential increases in noise on nights when events are scheduled

According to Gallagher, Linda Santa previously came before the township in a private meeting and argued that, because their farm was protected by Pennsylvania’s Right to Farm Law, it was exempt from having to follow the township’s zoning laws to the letter — meaning the property owners would be allowed to set up a commercial venue on an agricultural property.

The law, passed in 1982, prohibits intrusion by a municipality into direct commercial sales of agricultural commodities from a property whose landowner produces at least 50% of the commodities sold.

“The township believes that it's a protected activity under the act and the homeowners association disagrees,” Gallagher told the Butler Eagle.

Gallagher added the Santas made a list of assurances to the township the event venue would be a responsible neighbor. One of these assurances included all operations would cease by 10 p.m. each night.

In a letter from the Gallagher Law Firm to Santa, which was received by the Butler Eagle, Gallagher wrote, “It is very evident that you and your family have been good stewards of the farm for years and years.

“The township also realizes that your farm is like an island in an area of suburban development, and it is the purpose of the (act) and Adams Township policy to protect farms and farmers for the benefit of the residents of Adams Township and the Commonwealth of Pennsylvania.”

Bench said he disagrees with the township’s and Santa’s interpretation of the Right to Farm Law.

“I will file a formal written Complaint in Declaratory Judgment outlining the facts of the case and setting forth the relief that my clients seek,” Bench said. “Namely, that the court determine that Adams Township’s position and handling of the event barn is incorrect under the applicable law.”

In a letter to the township received by the Butler Eagle, Santa said she plans to preserve 33 acres of her property as a working farm, while the barn will “typically” hold only one to two events per week.

Attempts to reach Santa were unsuccessful.

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