An ongoing zoning dispute between Maison Lodging LLC and the Kidder Township Zoning Hearing Board will be the topic of an evidentiary hearing scheduled for Thursday afternoon in Carbon County Court.

Maison Lodging LLC, which operates the Camptel Poconos glamping campground along Route 534 in Albrightsville, is appealing a zoning violation it received in February. The violation was in regards to three trailers on the property, one which owners said is used as a business office, another containing a sauna, and a third equipped with gym facilities.

The site, initially established in the mid-1960s, had been in disrepair with many trailers deemed uninhabitable when Maison Lodging purchased the property in 2019. Attorney Andrew Kennedy, who is representing Maison Lodging, said it undertook extensive renovations to transform the park into a “glamping” destination, installing new trailers with luxury finishes such as hardwood floors, walls, and ceilings.

Kennedy argued that the township zoning ordinance, enacted in 2017, should not retroactively affect the property.

“Since Maison Lodging has fewer trailers on the property than when it purchased the property, it does not believe it extended the nonconforming use of the property,” Kennedy wrote in his appeal to Carbon County Court.

Kennedy’s appeal to the Court of Common Pleas calls the zoning board’s decision “an error of law and abuse of discretion,” asserting that “the township provided no evidence that the use of any of the challenged units would harm the public’s health, safety, or welfare.”

Kennedy alleges technical difficulties impacted an April hearing before the Kidder Township Zoning Hearing Board, when the body upheld the violation against Maison Lodging. During that hearing Kennedy, who is based in Indiana, Pa., participated via Zoom.

“Zoom completely failed during the hearing,” Kennedy said. “From that point on, Zoom only provided video, and a cell phone had to be used to convey audio instead. This setup created substantial challenges, particularly for those situated farther from the device.”

Kennedy alleged this hindered his ability to participate effectively and fully understand the testimony presented, especially that of key witness Douglas Colkitt.

Opposing the appeal, zoning hearing board attorney Cynthia S. Yurchak submitted a brief on July 12 maintaining that the technical issues were promptly addressed, and Kennedy continued to question witnesses effectively.

“Counsel did have an opportunity to fully and fairly present evidence, or that appellant was in any way prejudiced,” the brief states.

A significant point of contention is Maison Lodging’s request for a free transcript of the original hearing. The zoning board contends there is no legal requirement to provide a free transcript.

“It is basically asking this court to set a precedent that all zoning hearing board appellees get a free copy of the transcript,” Yurchak wrote.

An affidavit from Chrissy Lindsey, zoning hearing board secretary, supports the board’s position, alleging the swift resolution of the audio issues during the hearing. “At the conclusion of the hearing, I recall the zoning hearing board solicitor Cindy Yurchak specifically asking Mr. Kennedy, ‘Are you done with your case?’ and Mr. Kennedy’s response was ‘I am,” Lindsey stated.

Maison Lodging is seeking an order requiring the board to provide a complete copy of the certified record and to retake Colkitt’s testimony under proper conditions.

The hearing is slated for 1:15 p.m. in front of Common Pleas Judge Steven Serfass.