Township appeals zoning variances granted popular brewery
Sunset Hill Brewery operates on a parcel surrounded by protected farm land
NEW HANOVER
NEW HANOVER >> The board of supervisors voted unanimously at its March 7 meeting to appeal the variances granted by the township zoning hearing board to the Sunset Hill Brewery, which is operated on land surrounded by farmland protected by the township.
On Feb. 22, the township’s zoning hearing board voted to allow several uses to occur on the 1.16 acres of land that is not part of the conservation easement that covers the surrounding 33.4 acres that comprised the former Suloman dairy farm and that the township paid $700,000 to protect as open space in 2019. It is located on Leidy Road between Swamp Pike and Buchert Road.
The retail dairy store, which operated on 1.16 acres, was not part of the preservation. The conservation easement (or development rights) the township purchased was to ensure it remains a farm no matter who owns it, officials said at the time.
The money for the conservation easement came from the .15 mill tax on earned income approved by voters in a townwide referendum in 2006.
Several years after the property was protected, the Sulomans sold the entire property to Firely Enterprises LLC which continues to operate the farm on the protected land and leases the retail space, which had previously sold farm products, to the brewery.
The township supervisors first discussed the issues on the site publicly at their Sept. 7, 2023 meeting. According to the minutes of that meeting, “13,500 feet of impervious surface was put in without a permit. In addition to this zoning violation, the property is subject to a conservation easement. Additionally, impervious coverage was added under the tent. A broader scope issue is that approved use as brewery and taphouse does not include beer garden, food trucks and live events, which are zoning violations.”
Township Manager Jamie Gwynn “stated brewery is an asset to community, but things need to be addressed.”
The matter ultimately ended up before the Zoning Hearing Board with Sunset Hill seeking variances to allow the sale of items not produced on the site; permission to host entertainment events; and to allow the expansion of the business floor area from 2,000 square feet to 4,600 square feet with the use of tents.
A hearing was held on Jan. 22.
According to the record of that hearing, there are 38 seats in the front sales area of the brewery and 23 parking spaces at the established parking lot. A hay barn with animals and two unused residences are located across Leidy Road from the brewery and are part of an ongoing farm operation.
The zoning ordinance allows 2,000 square feet of sales floor area and the business currently has 830 feet, but would like to expand to 4,600 square feet with the use of exterior tents. Special events would be held across the street from the sales area, according to the testimony, even though entertainment is not named as a permitted use in the conservation area.
Several of those who spoke both against and in favor of the variances also spoke at the March 7 supervisors’ meeting.
Several said the music from special events is too loud and customers are parking on the street and walking down the road to get to the brewery.
“This residential area is not capable of supporting additional activity,” said Frank DelVecchio. “I hope for the brewery’s success, but they have to remain within the limitations,” he told the supervisors, adding that he worries about what granting variances “will mean for other protected properties.”
Matthew Landis said the mulch spread by the brewery recently to create additional parking “acts like red clay and increases run-off. I’m already getting an oil sheen from the parking lot. It’s ruined my pond.”
Sophia Schneible and her husband Paul live next to the brewery site and she told the supervisors “I tried to have civil conservations with the business operators, but that was not reciprocated. We cannot leave,” she said. “We live here.”
But the business also has its supporters.
“Sunset Hill is a good thing, but not everything is for everyone,” said Jeremy Ralston. “If we ban or cancel things some don’t like, we’ll be left with nothing at all.” The brewery “is a family place run by a local family. We supported it when it was a dairy, local businesses need to be celebrated.”
Jen Romanowski said she and her family moved to the area in 2018 and were delighted when the brewery opened, “they’re so welcoming to everyone.”
John Firely told the supervisors that none of the violations “were done intentionally. There have been so many lies told about me and my family” and he thanked those who came out to speak in support of the business. “We don’t want a lot of angry people. We have a parking problem and we’re trying to work through them. We love open space as well and we want it to be, that’s why we came here.”
Morgan Davidheiser, the operations manager, told the supervisors “We want to provide a path forward that makes everyone comfortable. Parking is a significant challenge and our goal is to add parking on site with minimal impact and we have no intent of breaking into the easement.”
He added that a recent weekend event at the site, which caused many calls to the township building and a site visit by staff, “exceeded our expectations and we found out that parking on mulch is not great.”
“We’re working with the Montgomery County Conservation District to come up with a safe way to add parking within the brewery footprint,” said Davidheiser.