Camp Ramah in the Poconos, Inc. v. Zoning Hearing Board of Worcester Township

743 A.2d 1019, 2000 Pa. Commw. LEXIS 3
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 7, 2000
StatusPublished
Cited by6 cases

This text of 743 A.2d 1019 (Camp Ramah in the Poconos, Inc. v. Zoning Hearing Board of Worcester Township) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Camp Ramah in the Poconos, Inc. v. Zoning Hearing Board of Worcester Township, 743 A.2d 1019, 2000 Pa. Commw. LEXIS 3 (Pa. Ct. App. 2000).

Opinions

LEADBETTER, Judge.

Camp Ramah appeals from the order of the Court of Common Pleas of Montgomery County (common pleas court), which affirmed the decision of the Zoning Hearing Board of Worcester Township (ZHB). The ZHB denied Camp Ramah’s request for a special exception to develop 30 acres in the agricultural district for use as a summer day camp for children and a year-round weekend retreat for adults. We affirm in part and reverse in part.

Camp Ramah is a non-profit corporation affiliated with the Conservative Jewish Movement and is devoted to providing Jewish educational experiences. The Camp is the equitable owner of two adjacent parcels of land, a 25 acre lot on which is located a farmhouse, barn and outbuildings and a 4.6 acre unimproved lot that provides access to Skippack Pike for the larger parcel. Both parcels are located in the agricultural district in which the ordinance permits agricultural and residential uses by right and recreational, religious and educational uses by special exception. Worcester Code § 150-11. The ordinance provides that a religious use shall be set back 150 feet in the front, rear and side yards. Worcester Code § 150-13D. The set back for educational and recreational use is 350 feet. Id. In order to accommodate their preferred development plan, which shows 150 foot set backs, Camp Ramah sought approval as a religious use but, alternatively, requested approval as an educational or recreational use. The Camp also requested ZHB approval, either as an interpretive ruling that the plan complied with the ordinance or by grant of a variance, to permit placement of the stormwater detention basin and septic system shed on the smaller lot and to permit the construction of only 106 parking spaces.

Following a hearing, the ZHB denied the special exceptions and variances for the proposed development. The ZHB concluded as a matter of law that; (1) the children’s day camp is permitted as a recreational use if it conforms to the 350 foot set backs, (2) the adult retreat does not fit within any of the uses permitted by special exception because it is more like a hotel/rooming house/tourist house, and (3) placement of the basin, shed and number of parking places does not comply with the ordinance and Camp Ramah did not prove entitlement to a variance. The common pleas court affirmed the ZHB decision and Camp Ramah filed this appeal.

Camp Ramah contends that the ZHB erred: (1) in failing to find that their development proposal qualifies under the ordinance as a religious use; (2) in failing to conclude that the proposed placement of the water detention basin and septic system shed complies with ordinance requirements or, in the alternative, erred in refusing a variance; (3) in failing to approve, by right or by variance, the plan for 106 parking spaces.

The common pleas court did not take additional evidence, therefore, our review looks to whether the ZHB findings are supported by substantial evidence and the decision is free from errors of law. Hertzberg v. Zoning Bd. of Adjustment of Pittsburgh, 554 Pa. 249, 256, 721 A.2d 43, 46 (1998). In a request for a special exception the burden of proof lies with the applicant. The applicant must prove that the proposed use qualifies for a special exception under the terms of the ordinance and that the development proposal complies with the applicable ordinance requirements. Szewczyk v. Zoning Bd. of Adjustment of City of Pittsburgh, 654 A.2d 218 (Pa.Cmwlth.1995).

[1022]*1022In the present case, the parties disagree as to whether the children’s camp is entitled to special exception approval as a religious use subject to the 150 foot setback requirement or as a recreational use requiring a perimeter setback of 350 feet. The ZHB finding that the children’s camp is a recreational use is adequately-supported by evidence that the daily activities in the form of various sports, arts and crafts, nature hikes, and swimming would be basically the same as any other children’s day camp. The fact that the camp would be operated by and for practitioners of a particular religion with the inclusion in the camp program of attendance at synagogue and religious educational experiences does not change the recreational nature of the use of the property. The ZHB and common pleas court properly focused on the nature of the physical activities rather than the identity of the user, or upon the religious focus through which Camp Ramah utilizes those activities to provide religious educational experience. See Russian Orthodox Church Appeal, 397 Pa. 126, 152 A.2d 489 (1959); Evans v. Zoning Hearing Bd. of Easttown Tp., 40 Pa.Cmwlth. 103, 396 A.2d 889 (1979). Although, for instance, the children may be provided instructions in Hebrew, nonetheless they are still playing ball. The greater set back requirement which is the only practical consequence of the distinction between recreational/educational and religious usages is justified by the need for more of a buffer between these activities, particularly children at play, and streets or neighboring properties. This need is not lessened by the overall religious purpose of the camp, nor because during some periods of the day the children engage in solely religious activities, i.e., prayer. In other words, because the proposed development would impact the neighborhood and the children in the same way as a secular camp, Camp Ramah must adhere to the larger setback required for a recreational use.

Camp Ramah contends that the ZHB erred in finding that the Family Life Retreat Center did not fall within any of the categories of use permitted by special exception. Camp Ramah maintains that the retreat center is a religious use because it would be used solely by Jewish groups for weekend retreats devoted primarily to prayer and religious instruction and for multi-day instructional programs in Jewish laws, customs and practices. While these activities are religious in character, the use of the retreat facility would not be limited to those activities properly characterized as religious in nature. Jules Einhorn, president of the commission in charge of running the camp/retreat facility, and Rabbi David Ackerman, rabbi of the congregation where the children’s camp is presently in operation, testified that the recreational facilities would be available for use by the adult groups. Moreover, unlike the children’s camp, the retreats would not be planned or directed by Camp Ramah, but by the groups themselves. No set program or activities would be required. Einhorn and Ackerman described a facility that would provide overnight lodging for 125 persons, as well as meals and meeting rooms that may be leased for use by Jewish groups other than the Camp Ramah organization. This evidence supports the conclusion that, in terms of its actual use and physical layout, the proposed retreat is like a hotel with conference facilities. The anticipated religious activities do not transform the overnight lodging facility, which is not permitted in the agricultural district, into a religious use for which a special exception must be granted.

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Camp Ramah in the Poconos, Inc. v. Zoning Hearing Board of Worcester Township
743 A.2d 1019 (Commonwealth Court of Pennsylvania, 2000)

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Bluebook (online)
743 A.2d 1019, 2000 Pa. Commw. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/camp-ramah-in-the-poconos-inc-v-zoning-hearing-board-of-worcester-pacommwct-2000.