Foxley Farm owners fight to host special events, overnight guests in Ligonier Twp.
By Jewels Phraner
Published: Friday, March 1, 2013, 12:01 a.m.
The owners' fight to offer an events venue and overnight stays at a Ligonier Township farm isn't over as they vowed to appeal a zoning hearing board's rejection of an occupancy permit application.
The township board this week upheld the rejection of the permit application filed by PJ and Maggie Nied to play host to events such as weddings, fundraisers, corporate outings and farm stays at the 60-acre Foxley Farm off Barron Road.
The Nieds argue that any “farm-supporting” activity that generates money necessary to keep the farm running should be allowed as an accessory farm business, which is permitted under the zoning ordinance. They said such activities fall under the umbrella terms “agritourism” or “agritainment,” a new concept that promotes visits to farms for recreation, entertainment or education.
“Both terms ... clearly refer to farm-related activities, which arise out of the unique nature of a farmland and/or agricultural operation. ... It is disingenuous to designate a wedding reception, a political fundraiser, a corporate event or an after-prom party as a ‘farm-related activity' merely because it takes place on a farm,” states the board's decision, written by attorney Donna J. McClelland.
“To do so would make a sailor out of any person who gets married on a cruise ship or a fireman out of any person who holds a reception at a fire hall,” McClelland wrote.
After the board announced the decision Tuesday, PJ Nied said he plans to appeal it.
“We believe we meet the intent of the township's zoning ordinance,” he said.
He would not comment on whether scheduled events will be canceled in light of the decision.
More than 50 people attended a board hearing on Nov. 27.
Some neighbors said they're concerned about noise, traffic, the farm's sewage capacity and the visual impact of hundreds of cars parked on the property for large events.
“We bought our home seven years ago in a rural, quiet area, seeking it to be maintained that way,” said Christopher Turner, who lives across from the farm.
Turner and other neighbors hired Pittsburgh attorney William Sittig to represent them. Turner said the group now has more than 100 supporters.
“It appears to me it's as if the Nieds have come in and tried to manipulate the zoning ordinance to suit a highly commercial goal. If any one property in a residential district can do this, then why can't everyone (host such events)? That would make the area less attractive to residents and tourists alike,” he said.
The Nieds will have to reach an agreement with the Western Pennsylvanian Conservancy.
In August, the conservancy sought an injunction to block the Nieds from holding functions, court records show.
Conservancy officials said the events violated a 1979 legal agreement with the property's previous owner, late businessman Burt Todd, who wanted to prevent development of the rustic property.
On Sept. 5, a tentative agreement was read in court before Westmoreland County Judge Gary Caruso.
After another conference call with Caruso and several revisions, spokeswoman Allison Schleisinger said, the conservancy on Nov. 28 sent the agreement to the Nieds to be signed.
“Nothing's been signed. There's nothing left to do on our end. We don't know why it hasn't been signed,” Schleisinger said.
Jewels Phraner is a reporter for Trib Total Media. She can be reached at 724-850-1218.
Show commenting policy
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.
- Mt. Pleasant shows support for fire victims
- Southwest Caucus hears from Dems running for governor at Delmont event
- Latrobe couple accused of using car trunk to end son’s fear of the dark
- Speeding, drinking cited in fatal Murrysville crash
- Mt. Pleasant man charged in deadly 1-car accident
- Police say student made Greensburg Salem bomb threat
- Information sought on armed robbery in Greensburg
- Deal near on Jeannette Glass plant cleanup
- South Greensburg bugler still playing ‘Taps,’ but few others continue tradition
- Would-be burglar talked to Derry bushes, state police say
- Goats may be answer for overgrown sign outside Murrysville