T. Galownia v. ZHB of Cecil Twp.

CourtCommonwealth Court of Pennsylvania
DecidedJune 22, 2026
Docket1351 C.D. 2024
StatusUnpublished
AuthorWallace

This text of T. Galownia v. ZHB of Cecil Twp. (T. Galownia v. ZHB of Cecil Twp.) 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
T. Galownia v. ZHB of Cecil Twp., (Pa. Ct. App. 2026).

Opinion

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Thomas Galownia, : Appellant : : v. : No. 1351 C.D. 2024 : Submitted: December 8, 2025 Zoning Hearing Board of : Cecil Township :

BEFORE: HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE STACY WALLACE, Judge HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge

OPINION NOT REPORTED

MEMORANDUM OPINION BY JUDGE WALLACE FILED: June 22, 2026

Thomas Galownia (Galownia), representing himself, appeals the order of the Washington County Court of Common Pleas (Common Pleas), dated September 25, 2024, that affirmed the Zoning Hearing Board of Cecil Township’s (Board) decision to deny his application for a dimensional variance. Additionally, Galownia has filed written communications in this Court, which were docketed as applications to amend his appellate brief. After careful review, we grant the applications in part, deny them in part, and affirm Common Pleas’ order. BACKGROUND This appeal involves a fence Galownia installed on his property (Property) in the Cecil Township R-2 Medium Density Residential Zoning District. Supplemental Reproduced Record (Suppl. R.R.) at 67b-68b. The Zoning Officer issued a Notice of Violation to Galownia on September 1, 2023, indicating the fence violated the Cecil Township Unified Development Ordinance1 (Ordinance) because it was over six feet in height. Id. at 67b. Galownia’s fence was approximately 10 feet in height and was constructed of boards, plywood, and locust posts. Id. The Ordinance provides:

E. Fences, walls and hedges.

1. Fences, walls, and hedges may be permitted in any required yard or along the edge of any yard, provided that driveway entrances are not shielded by the fence, wall, or hedges in such a way as to obstruct the view of a driver entering a road from the driveway. In addition, fences shall not obstruct visibility at intersections.

2. No fence, wall, or other obstruction (except a required retaining wall) shall be more than six (6) feet in height, except when located within a platted residential subdivision. No barbed wire (except in agricultural areas), metal spikes, or other dangerous fence shall be erected or maintained unless in a Commercial or Industrial district, with such dangerous portion of the fence at least eight (8) feet above the ground.

3. In a platted residential subdivision; fences, latticework, screens, or walls not more than six (6) feet in height may be located in the required side or rear yard, and a hedge, open fence, or a wall maintained so as not to exceed three (3) feet in height may be located in any front yard. For purposes of this section, those portions of the side and rear yards which abut a street shall be treated as front yards.

1 Township of Cecil Unified Development Ordinance (2000), as amended.

2 4. For purposes of fence, wall, and hedge regulations, any yard that abuts a street from which access is prohibited shall be treated as either a side or rear yard, but not as a front yard.

Section 1204(E) of the Ordinance. Galownia filed an application requesting a dimensional variance for his fence, and the matter proceeded to a hearing before the Board on October 16, 2023. At the hearing, Galownia contended it was unreasonable to impose a six-foot restriction on the fence because of an elevation difference between his property and the property of his next-door neighbors, Joseph and Esther Urbas (collectively, the Urbases). Suppl. R.R. at 11b-12b. Specifically, Galownia testified the Urbases’ driveway is elevated “2 ½ to 3 feet above the bottom of my fence.” Id. He also contended his fence is “a security barrier or security fence,” and such fences “go anywhere from 8 to 20 feet.” Id. at 12b-13b. Galownia testified he installed the fence because his once-cordial relationship with the Urbases had deteriorated. Galownia recounted that Joseph Urbas “called up the police” and accused Galownia of pointing a video camera on the Property at the Urbases’ window. Suppl. R.R. at 16b-17b. According to Galownia, he installed the camera to “test[] for the distance,” and the camera was actually aimed at a tree. Id. at 17b. Galownia expressed concern regarding a dog that was sometimes present at the Urbases’ property and recalled an incident during which Esther Urbas yelled at him after he entered her property to cut limbs from a tree on his Property. Id. at 14b-24b. Galownia testified:

There was no relationship, that’s what scared me. I’m afraid that if I look over there, now I’ve got a granddaughter, okay, she has what they call late talker, but I think she has Einstein syndrome, but

3 regardless, she tends to look at people, I mean stare at them. If she saw you and you’re new, she would stare at you.

I have a tree back there that she climbs in, and I have a trampoline that’s 13 to 14 feet high, okay, and I’m concerned that since these people have been my good friends for 40 years, they have changed. Okay, something’s changed, damn it.

I just read about a guy, a 74-year-old guy who went to this other guy who was cutting the tree off on the property line for his dad, and the 74-year-old came over and shot him.

So I’m concerned, somebody’s changed, something’s changed with these people. They were really good friends, okay, so what happened? I didn’t do anything. I don’t recall doing anything. I’m not one to talk politics. I know that she’s an anti-vaxer, that’s the only thing I know, I had my COVID shots, I don’t know if that had something to do with it. The relationship completely changed.

I don’t want to have them to call the police and say I’m looking at them, or I don’t want to have my granddaughter looking at them and them saying something and then being afraid maybe they will yell at her.

....

I don’t want them taking my picture, okay, because I was up on my elevated up there when Mrs. Urbas had, I don’t know if she was taking my picture or not, but she had her phone up like this (indicating). I don’t want them to take my picture and I don’t want to be accused of taking any of their pictures or video.

And again, I have my daughter-in-law[2] who has a tendency to stare, and there’s a tree back there she climbs in, so I’ve got it elevated. That’s why when the fence goes back, if she happens to be up in the tree, she can’t stare at anybody because the fence is that way. I don’t

2 The Board also heard testimony from Galownia’s son, Tim Galownia, who generally echoed his father’s concerns regarding their strained relationship with the Urbases and clarified that Galownia meant to say “granddaughter,” rather than “daughter-in-law.” Suppl. R.R. at 30b-34b. The context of Galownia’s statement, i.e., the references to staring and climbing in a tree, confirms that he was referring to his granddaughter.

4 want her to be yelled at or be accused of, my granddaughter, staring, because she will do that, and my son can attest to that.

Suppl. R.R. at 18b-19b, 27b-28b. In response, Joseph Urbas testified and presented photographs of Galownia’s fence, including one that showed the elevation of the Urbases’ driveway relative to the fence. See Suppl. R.R. at 34b. He asserted Galownia had “never done any tree trimming” and decried the “pitiful workmanship and the height of the fence.” Id. at 35b-37b. Esther Urbas testified Galownia installed a camera that was “aimed at our house.” Id. at 39b. She described Galownia’s fence as “ugly” and excessively high and disputed his account of the incident involving the tree on his Property, asserting Galownia threw branches from the tree into the Urbases’ yard. Id. at 40b-42b. Dennis Fleeher (Fleeher), a neighbor, testified the height of Galownia’s fence was “ridiculous,” and no other home in the neighborhood had a fence as high. Suppl. R.R. at 44b.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hertzberg v. Zoning Board of Adjustment
721 A.2d 43 (Supreme Court of Pennsylvania, 1998)
Oak Tree Condominium Association v. J.R. Greene, Sr.
133 A.3d 113 (Commonwealth Court of Pennsylvania, 2016)
T.M. Dunn and L.N. Dunn v. Middletown Twp. ZHB
143 A.3d 494 (Commonwealth Court of Pennsylvania, 2016)
Society Created to Reduce Urban Blight v. Zoning Board of Adjustment
804 A.2d 116 (Commonwealth Court of Pennsylvania, 2002)
Kennedy v. Upper Milford Township Zoning Hearing Board
834 A.2d 1104 (Supreme Court of Pennsylvania, 2003)
Oxford Corp. v. Zoning Hearing Board
34 A.3d 286 (Commonwealth Court of Pennsylvania, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
T. Galownia v. ZHB of Cecil Twp., Counsel Stack Legal Research, https://law.counselstack.com/opinion/t-galownia-v-zhb-of-cecil-twp-pacommwct-2026.