The Bradford Township Zoning Hearing Board voted 3 to 2 against
the revocation of Robert Kightlinger’s special exception permit for
his Circle K Whitetail hunting club Wednesday night.
The vote answered an appeal to the board made by opponents of
the hunting club – Dave Moonan and Terry Reiley, Kightlinger’s
neighbors off Minard Run Road -ðregarding the board’s decision to
grant Kightlinger a permit to operate the club in January of
2003.
Moonan and Reiley have cited safety as their main concern in
opposing the hunting club. In addition, the pair has expressed
concern that the township could not or would not “police” activity
at the club to make sure it complies with state hunting laws,
township ordinances and concessions made by Kightlinger when he
proposed the club in 2002.
They have tried to prove that Kightlinger operates the club
inconsistently with his initial proposal, and have also claimed to
witness illegal hunting activity at the club.
There were two hearings on the matter in the spring before the
board tried to pass the case onto the county level, but McKean
County President Judge John Cleland remanded the case back to the
board in September.
Before the vote, board chairman Bruce George read from the
board’s fact-finding report on the case. He said the board
concluded in May that Kightlinger was operating a “business” at
Circle K, which was inconsistent with his initial proposal to
operate a “hunting club.” Secondly, the board determined it would
be able to adequately enforce the conditions of the permit issued
to Kightlinger, despite concerns of the opposite.
Thomas G. Wagner, the St. Marys-based attorney representing the
appellants, told the members of the board before they voted they
had “no alternative but to conclude they should revoke
(Kightlinger’s) permit,” which “should never have been granted in
the first instance.”
Kightlinger asked to speak, but was told by George that there
could be no new evidence, including testimony, introduced at
Wednesday’s meeting.
At that point, board member Greg Dennis -ðwho before he was a
member of the zoning hearing board was a vocal opponent of the club
himself -ðmade a motion to revoke Kightlinger’s permit based on the
group’s fact-finding conclusions. Board member Vince Colella
seconded the motion.
Dennis and Colella both voted in favor of the permit’s
revocation, while George and board members Jerry Boser and Art
Slike all voted against revoking Kightlinger’s permit.
After the vote, Dennis addressed George, saying “I really don’t
think you should leave it open ended like that.” He went on to say
the board should see that Kightlinger adheres to the restrictions
of his permit; something they had already determined he was not
doing completely to that point.
Board solicitor Stan Pecora advised the group to pursue those
same enforcement issues.
Dennis then said “After seeing that the board has voted this
way, I think it’s up to the (Bradford Township) Supervisors to
enforce this. In my opinion, this matter is closed.”
Angry residents hurled insults at the board, saying “You guys
are pathetic,” and asking “How can you do this?”
“Do you understand what you did here tonight?” Wagner asked the
board, telling them they essentially gave Kightlinger permission to
operate the club illegally. “That’s what’s so frustrating to the
appellants,” he said.
“If it’s that cut and dry, then why did (Cleland) send this back
to us?” Boser asked Wagner.
“Because it’s your job,” one resident answered for Wagner.
“We just did our job,” George replied before calling an end to
the case.
Several residents attending the meeting stood and left, most
grumbling about the outcome of the vote.
Kightlinger said after the meeting he was very pleased with the
board’s decision. Regarding the alleged violations of the permit
and related enforcement issues, Kightlinger said “I’ll work with
them,” referring to township officials.
Both Moonan and Reiley left the building before the meeting
adjourned.
