Zoning Board Rejects Variance for Noisy Tennis Court

[Sal]

Mr. Richard Albright constructed a tennis court in his back yard in Newton Township for his personal use but neighbors complained to the township.  The township took legal action against Mr. Albright citing that the tennis court is a structure and that it did not meet setback requirements.

Mr. Albright appealed disagreeing that the tennis court which consists of crushed stone with no foundation is a structure and the matter is pending in Lackawanna County Court.

In the meantime, Mr. Albright requested a variance for his tennis court before the township zoning hearing board and a hearing was held on Monday.

The reason for the variance was that the lot was irregular and the tennis court would not fit if the setback requirements for a structure were applied.

Neighbors attended the hearing and complained that the tennis court made too much noise and that lights were disturbing them.  After hearing the testimony, the Board decided that the tennis court did not meet setback requirements.

The Board was in a difficult position because the township had pending litigation over whether the tennis court is a structure so the board sided with the township.

However, Mr. Keith Eckel, Chairman, stated that in his opinion, the tennis court was not a structure.