Valley man builds chicken coop, puts carport on property. Zoning board says no.

SHEPPTON – In a chippy 2 1/2 hour hearing, zoners here determined that a man violated the township zoning ordinance by building a chicken coop and placing what he says amounted to a moveable carport to store feed on an empty lot.

Jonathan Good, of Ringtown borough, appealed several alleged zoning violations to the East Union Township Zoning Hearing Board for a property he owns in the former, failed Brandonville Industrial Park.

Good was accused of creating a nuisance “by…acts of improper storage, unpermitted construction, and failure to upkeep the property in accordance with the zoning ordinance,” as well as unlawfully operating a business on the property addressed to 16 Spring Water Boulevard.

Monday’s hearing was to challenge a July 7 enforcement notice and to seek relief through a variance and special exception. Good contested that the construction of the chicken coop and carport are protected by Pennsylvania’s Right to Farm act.

Daniel Danchision, whose company, Mar-Mel Industrial, LLC, owns the former Brandonville firehouse parcel which surrounds the Good property on the north, west, and east. To the south is the former Catawissa branch of the Reading Railroad, owned by Oscar Beninsky, of Ringtown, according to the Schuylkill County Parcel Locator.

Danchision was East Union Township’s key witness and referred to as the complainant leading to the zoning enforcement notice in July.

East Union Township Solicitor Donald Karpowich presented the township’s case for the enforcement notice while Joel Ready, of Cornerstone Law, represented Good.

Danchision referred to the Good property as a “dump” and alleged Good was hauling trash to the property and storing it there.

He testified that he became aware of the situation at the property when the Pennsylvania Department of Environmental Protection (DEP) met with him regarding apparent calls to his property.

Danchision also alleged that there were fires and controlled burns on the property.

“I just do not want the responsibility from any agencies about burning garbage that I don’t have a permit or a transfer station license or whatever,” Danchision said. “I don’t want the responsibility of that.”

Greg Kurtz, Jr., the township zoning officer, testified that he had seen what he described as trash and refuse at the property and concluded it was being used for trash hauling and burning.

He described the property as being a danger to public welfare.

Photos were entered into the record of the property, which includes a foundation Kurtz sad appeared to be used for burning.

Under cross-examination by Ready, Kurtz said he never witnessed trash being burned.

Good himself testified about the property and its history since he’s owned it, noting that a house stood on the site until around 2018 when it was burned in a controlled burn. He testified that the activity had the approval of then-supervisor John Biros, then-fire chief Kyle Mummey, and then-zoning officer Jonathan Biros.

Discussion of that matter was stifled by an objection and subsequent discussion.

“Let me clarify it and then you can get off your soapbox,” Karpowich said to Ready, claiming that Good hadn’t “established their positions with the township” and that they’re irrelevant to the matter at hand.

The chicken coop, Good testified, was installed in the spring 2023.

“Why did you install the chicken coop,” Ready asked.

“You want me to be honest? To piss [Danchision] off,” Good said. “That was the whole goal.”

Danchision’s company acquired the neighboring Brandonville firehouse property in March of 2023.

The coop doesn’t currently house chickens, though Good said they installed an accessory carport on July 4, days before the zoning enforcement notice, to store feed and other supplies in case they start raising chickens there again. The carport can be physically picked up and moved by a two-man team, Good testified.

A fence was at the Spring Water Boulevard entrance to the property from 2014 until this past weekend when Danchision said he tore it down. He said it was on his own property, though Good said he believed it was within an easement area.

Good testified that there was a camper on the property, which is zoned Conservation Residential, from 2018 through 2020. He also testified that, aside from burning the demolished house or having campfires, he never burned on the property.

He does store scrap metal on the property as well as trailers for hauling coal, equipment, and other items.

Under cross-examination by Karpowich, Good was asked if he got a permit for the coop and carport and why.

“Did you get a permit for the chicken coop,” Karpowich asked.

“Didn’t think I needed a permit,” Good answered.

“Well when you received a notice of violation saying you did, did it ever dawn on you that maybe you should go in and get a permit for the chicken coop,” Karpowich asked.

“I have a question,” Good said. “If I put it up in 2023, what year is it now?”

“It’s 2025,” Karpowich said. “Your testimony is, if you could get it up before the township notifies you, you’re allowed to have it without a permit?”

“I didn’t say that,” Good said.

“What does it matter that the notice was issued in 2025 for a structure constructed in 2023 without a permit,” Karpowich said.

“Why did it take them two years to issue it,” Good asked.

“So that’s your objection,” Karpowich said.

Good said he didn’t believe he was in violation of the ordinance.

Karpowich asked why he didn’t believe he needed a permit for the chicken coop.

“I’d be happy to offer legal argument,” Ready said.

“Listen, I have a question, the man’s big enough to answer it, he’s entitled to answer it,” Karpowich asserted.

Karpowich then asked Good about a former shed and the current carport, both of which Good said were mobile structures. Karpowich asserted that the ordinance applies to mobile structures as well.

“I believe your application stated that you occasionally camp on the property, is that correct,” Karpowich asked.

“Yeah we did,” Good said.

“And when did you do it last,” Karpowich asked.

“I’d say in 2020,” Good responded.

“And did you obtain a permit from the township for the use of the property as camping,” Karpowich asked.

“I didn’t know I had to get a permit to camp on my own property that I pay taxes on,” Good said.

Karpowich asserted that Good needed to seek township permission to camp on the land.

He also implied that the existence of three burn barrels on the property, which Good said were remnants from years ago.

“Now that you don’t use them, why do you keep them there,” Karpowich asked.

“I’m not allowed to keep them on the property?”

“Well, if it’s used for burning, what other purpose would it have, sir,” Karpowich said. “How is the township going to police whether or not you’re burning if we leave you keep burn barrels on the property. Could you answer that?”

Good’s wife, in the audience, shouted, “We can’t store anything on our property?” She was scolded by Jo Anna Shovlin, zoning hearing board chairwoman, before the hearing recessed into a five-minute break.

Afterward, a closing argument, Ready asserted the issue at hand is not “creating an actual public welfare problem.”

“What we’re talking about is something that a neighbor didn’t like,” Ready said.

The zoning hearing board recessed for an executive session.

When they returned, zoners voted 4-1 to deny the variance and special exception requests, with Joseph Recla as the lone dissent.

The board voted 5-0 to sustain the enforcement action and deny validity challenges.

Good can appeal to the Schuylkill County Court of Common Pleas.

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