F
flyfishermanpa
New member
- Joined
- Aug 6, 2007
- Messages
- 3
I would like the opinion of the group concerning this land owner on the Brandywine. If anyone fishes the Delayed Harvest Stretch you will know exactly where this is.
Monday, August 6, 2007
Posted on Mon, Aug 6, 2007
Land owner, officials clash
By JOHN ROSSOMANDO
UPPER UWCHLAN — A developer’s decision to close off his 45-acre property has brought him into a confrontation with state, county and local officials.
The property in question is located on a strategic juncture at the north end of the Struble Trail and mouth of the longtime Marsh Creek dam access road.
The developer, John Shelton, has drawn criticism for recent actions, including the construction of a fence and the chopping down of numerous trees at the access points to both inlets. Some residents have also alleged he scattered roofing nails along the dam access road to deter people from accessing his property.
State Rep. Curt Schroder, R-155th, of East Brandywine, wrote of the allegations in a May
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11, 2007, letter to state Department of Conservation and Natural Resources (DCNR) Secretary Michael DiBerardinis, calling them “truly reprehensible.”
“This mindless act poses a threat to public safety and health,” Schroder wrote.
Schroder said he was also concerned by Shelton’s May 2006 revocation of the easement that formerly allowed the DCNR to access the dam to test water going to the Downingtown Municipal Water Authority. Since the revocation, DCNR has found another route to access the dam for water testing.
Supervisor Catherine Tomlinson agrees with Schroder’s appraisal of the situation because the township previously had an agreement with the state park prior to Shelton’s revocation of the easement to use the access road for emergency services. Last year’s summer storms brought the road’s importance to the fore because fallen trees made providing emergency services at township’s southwestern end more difficult.
Shelton and his wife, Linda, denied any knowledge of the nails allegations, and said they had no desire to see anyone deliberately injured on their property.
The fence, Shelton said, was erected at the township’s request. Township Codes Enforcement Officer Al Gaspari had contacted him allegedly at Supervisor Catherine Tomlinson’s request, asking him to secure the property. It had become “an attractive nuisance” for vandalism and for teenagers who congregate on the former railroad bridge over the Brandywine Creek, Shelton said.
“I opted for fencing and procured fencing because I was asked for a means of securing the property,” Shelton said. “We have suffered at least between $70,000 and $80,000 in damages from the theft of copper wire.”
He said the fence was also erected with a township permit after efforts to deter people from entering his property with signage and after working with the township police failed.
Tomlinson, though, disputes Shelton’s claim, saying she was appalled by the fence’s erection, and she said Township Manager John J. Roughan Jr. had asked Shelton to take down the fence as an “act of good faith” at a May meeting. She said Shelton’s failure to follow the prior property owner’s example of allowing public access to the land has contributed to resident ire.
The property’s strategic location adjacent to Marsh Creek State Park makes it an attractive potential addition to the park, and Schroder said DCNR might have money available together with the township and the county to acquire it. Plans for extending the Struble Trail increases governmental interest in the property and its acquisition.
“I think public interest is present with the presence of the trail and park access,” Schroder said. “If a governmental body were to decide to take it, it would probably have a lot of public support based on the number of people who have contacted me.”
Schroder, however, hopes a less drastic agreement can be reached with Shelton for the property.
At least 100 county residents have also complained to the Chester County Department of Parks and Recreation about Shelton’s actions at the Struble Trail’s north end.
The county has indicated it opposes using eminent domain to acquire the property because of the freshness of the memory of Coatesville’s attempt to seize Nancy and Richard Saha’s property. County officials are sitting on the sidelines awaiting what happens between the Sheltons and Upper Uwchlan.
Upper Uwchlan sought to purchase the property in 2005, but it could only come up with $500,000 of what township officials estimated was a $1.5 million price tag at that time.
“We didn’t have the funds at the time, but that was before we had the $10 or $20 million bond issue,” said Supervisors’ Chairman Charles Lobb.
However, Linda Shelton said Friday she and her husband received a $4.8 million offer for the land from a developer, and they would want a minimum of that amount from state, county or local government.
The Sheltons say they have been trying to meet with Schroder, the township and other officials for some time.
“We called Curt Schroder’s office about a year ago to get all of the players together,” Linda Shelton said, but the meeting never happened. “Is there something wrong with what we have when it is this important to the community. We want to come up with a plan that not only works for us, but for everyone else in the community.”
Schroder said he declined the meeting because he felt the matter should be handled by the township.
John Shelton said they offered to donate 25 acres of the 45-acre tract to the township when they obtained the property in early 2005, but they allegedly were refused because they were told their plan did not meet zoning requirements. Tomlinson, however, said she didn’t remember Shelton had offered the property to the township.
Monday, August 6, 2007
Posted on Mon, Aug 6, 2007
Land owner, officials clash
By JOHN ROSSOMANDO
UPPER UWCHLAN — A developer’s decision to close off his 45-acre property has brought him into a confrontation with state, county and local officials.
The property in question is located on a strategic juncture at the north end of the Struble Trail and mouth of the longtime Marsh Creek dam access road.
The developer, John Shelton, has drawn criticism for recent actions, including the construction of a fence and the chopping down of numerous trees at the access points to both inlets. Some residents have also alleged he scattered roofing nails along the dam access road to deter people from accessing his property.
State Rep. Curt Schroder, R-155th, of East Brandywine, wrote of the allegations in a May
Advertisement
11, 2007, letter to state Department of Conservation and Natural Resources (DCNR) Secretary Michael DiBerardinis, calling them “truly reprehensible.”
“This mindless act poses a threat to public safety and health,” Schroder wrote.
Schroder said he was also concerned by Shelton’s May 2006 revocation of the easement that formerly allowed the DCNR to access the dam to test water going to the Downingtown Municipal Water Authority. Since the revocation, DCNR has found another route to access the dam for water testing.
Supervisor Catherine Tomlinson agrees with Schroder’s appraisal of the situation because the township previously had an agreement with the state park prior to Shelton’s revocation of the easement to use the access road for emergency services. Last year’s summer storms brought the road’s importance to the fore because fallen trees made providing emergency services at township’s southwestern end more difficult.
Shelton and his wife, Linda, denied any knowledge of the nails allegations, and said they had no desire to see anyone deliberately injured on their property.
The fence, Shelton said, was erected at the township’s request. Township Codes Enforcement Officer Al Gaspari had contacted him allegedly at Supervisor Catherine Tomlinson’s request, asking him to secure the property. It had become “an attractive nuisance” for vandalism and for teenagers who congregate on the former railroad bridge over the Brandywine Creek, Shelton said.
“I opted for fencing and procured fencing because I was asked for a means of securing the property,” Shelton said. “We have suffered at least between $70,000 and $80,000 in damages from the theft of copper wire.”
He said the fence was also erected with a township permit after efforts to deter people from entering his property with signage and after working with the township police failed.
Tomlinson, though, disputes Shelton’s claim, saying she was appalled by the fence’s erection, and she said Township Manager John J. Roughan Jr. had asked Shelton to take down the fence as an “act of good faith” at a May meeting. She said Shelton’s failure to follow the prior property owner’s example of allowing public access to the land has contributed to resident ire.
The property’s strategic location adjacent to Marsh Creek State Park makes it an attractive potential addition to the park, and Schroder said DCNR might have money available together with the township and the county to acquire it. Plans for extending the Struble Trail increases governmental interest in the property and its acquisition.
“I think public interest is present with the presence of the trail and park access,” Schroder said. “If a governmental body were to decide to take it, it would probably have a lot of public support based on the number of people who have contacted me.”
Schroder, however, hopes a less drastic agreement can be reached with Shelton for the property.
At least 100 county residents have also complained to the Chester County Department of Parks and Recreation about Shelton’s actions at the Struble Trail’s north end.
The county has indicated it opposes using eminent domain to acquire the property because of the freshness of the memory of Coatesville’s attempt to seize Nancy and Richard Saha’s property. County officials are sitting on the sidelines awaiting what happens between the Sheltons and Upper Uwchlan.
Upper Uwchlan sought to purchase the property in 2005, but it could only come up with $500,000 of what township officials estimated was a $1.5 million price tag at that time.
“We didn’t have the funds at the time, but that was before we had the $10 or $20 million bond issue,” said Supervisors’ Chairman Charles Lobb.
However, Linda Shelton said Friday she and her husband received a $4.8 million offer for the land from a developer, and they would want a minimum of that amount from state, county or local government.
The Sheltons say they have been trying to meet with Schroder, the township and other officials for some time.
“We called Curt Schroder’s office about a year ago to get all of the players together,” Linda Shelton said, but the meeting never happened. “Is there something wrong with what we have when it is this important to the community. We want to come up with a plan that not only works for us, but for everyone else in the community.”
Schroder said he declined the meeting because he felt the matter should be handled by the township.
John Shelton said they offered to donate 25 acres of the 45-acre tract to the township when they obtained the property in early 2005, but they allegedly were refused because they were told their plan did not meet zoning requirements. Tomlinson, however, said she didn’t remember Shelton had offered the property to the township.
