Lawyer: Most lift deed restriction against temple

DANVILLE -- A majority of property owners have changed a deed restriction to allow a temple in Hidden Valley Estates, according to the lawyer representing the temple.

Attorney Tom Clark told the Valley Township supervisors Wednesday night that owners of five lots in the housing development amended deed restrictions to allow religious worship facilities there. He said that constitutes a majority of property owners, including the proposed temple that owns land there.

Ken and Lori Piestrak, who live near where the Shanti Mandir, or Peace Temple, is planned, questioned the number of lots involved. If there were even a total of nine lots, five would be a majority, Clark said.

"You can go to court if you disagree," he told them.

Mrs. Piestrak said she thought there were only five lots in the development with her and her husband owning one and Dr. Carl Reams owning two.

Township solicitor Tom Leipold said deed restrictions have nothing to do with the township approving the proposed temple. He said the matter could be pursed on a civil basis.

At last month's meeting, Ken Piestrak showed a deed restriction that only allowed single-family homes in the development except for a barn site. The temple is proposed about a mile from the intersection of Routes 642 and 54.

Supervisors Chairman Gary Derr said the township can't enforce deed restrictions -- that is something outside its realm.

"We'll get back to you on that," Ken Piestrak said, adding they have contacted a lawyer.

The supervisors also learned that John Sensenig filed an appeal of the township zoning hearing board's denial of a variance for three parcels for septic systems on Bald Top. Zoning board Chairwoman Judi West said the board denied the request because the lots did not have enough frontage. Sensenig proposes to build homes on 12 lots on 105 acres in Valley and Mahoning townships. The homes would be in Mahoning Township.

The supervisors appointed Montour County Zoning Officer Greg Molter as interim township zoning officer because George Plafcan has taken a leave of absence due to a death in the family.

They also approved a $50 donation to the Danville area Halloween parade.

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