PA- Can twp. evict 3 men?

Conestoga solicitor questions zoning for sex-offender halfway house. Over 300 jam meeting.

5-20-2008 Pennsylvania:

Residents' outcry over three sex offenders living in a new halfway house in Conestoga reached a boiling point Monday night.

More than 300 people filled Conestoga Volunteer Fire Company, some demanding that the men convicted of aggravated indecent assault, rape and possession of child pornography be forced to leave.

Jim Thomas, Conestoga Township's solicitor, said they may get their wish.

He said former state Rep. Tom Armstrong's Barnabas House, run in an apartment at 3113 Main St., Conestoga, does not comply with the property's village mixed-use zoning and is permitted only by special exception.

"Whether it is a good or bad social program, whether it is a group home for Megan's Law offenders or for students at a local university" doesn't matter, Thomas said.

Armstrong said today that the township's zoning officer, Jim Hindes, told him a different story in April.

Armstrong said he asked Hindes if a group of ex-convicts could live in an apartment at the property, which is owned by Ben Vonderheide, who also lives at the address.

Hindes said the "best he could read (the zoning ordinance said) that I could have four" people, Armstrong said.

Armstrong said Hindes told him that he wasn't sure if Armstrong could have five people living together because that's when the arrangement would be considered "transitional housing."

Transitional housing is defined in the zoning ordinance as "living arrangements for up to five unrelated individuals that do not meet the definitions of 'family' or 'group home.'"

Armstrong said he then pressed Hindes: What if a probation officer called? Would he tell the officer the living arrangement was allowed? Hindes said he would, Armstrong said.

Thomas says Armstrong's Barnabas House does not meet either the "family" or "group home" definitions, so it shouldn't be allowed anywhere in the township except with a special exception approved by the township's zoning hearing board.

Hindes could not immediately be reached for comment this morning.

Zoning appears to be the only way the sex offenders could be forced to leave, at least in their current living arrangement. They've served their prison sentences and are abiding by probation restrictions.

The community became aware of the men's presence because Megan's Law requires some sex offenders to report their current addresses to the state, which then posts the information online.

But for Sarah, a Conestoga resident who didn't want to give her last name, that was little help. She moved into Vonderheide's building with her 2-year-old son in October — before he leased Armstrong space for the faith-based halfway house.

Now Sarah says she's scared to go in and out of the house and use the common laundry area in the building's basement. According to Sarah's mother, Darlene, residents are threatening to force the men out.

"Three people have threatened to burn that place down," she said after the two-plus-hour meeting Monday.

Vonderheide said he is willing to let tenants out of leases without financial penalty.

Thomas said Vonderheide was notified May 16 that transitional housing is not permitted on the property.

But Thomas said if Vonderheide appeals or seeks a special exception for that use within 30 days, the process could be lengthy. And while an appeal is sought, the halfway house may continue operating.

Thomas urged people to attend the next township supervisors meeting, at 7 p.m. June 3, as well as upcoming zoning hearing board meetings.

Armstrong said he personally screened the four occupants of the apartment — one ex-convict is not a sexual offender — and determined them to not be a threat to the community.

Armstrong just wanted to start a faith-based halfway house to help with a community problem.

"Over 2,000 people are sitting in prison and can't be released because there are not enough halfway houses," he said. "I'd like for it to grow. A lot of men are looking for an opportunity to better their lives."

Vonderheide today said he hasn't decided yet if he will appeal the zoning officer's decision or apply for a special exception.

"I support Tom's ministry and as a landowner, I'm appalled at the backwoods zoning trick."

One of the sex offenders living at Barnabas House, Richard Owen, spoke at Monday night's meeting.

"Twenty-seven years ago, I made a poor choice in my life, and I paid dearly," he said.

Owen, who is in his early 50s, said that while in prison, he earned associate and bachelor's degrees, immersed himself in Scriptures and got out "a changed man."

"Unfortunately, that (sex offender) label doesn't change," he said. "I came here today to ask you to judge the man, not the label." ..more.. by Staff writer Ryan Robinson