Homeowner allowed to move in after Antrim hearing
By PAT FRIDGEN Echo Pilot

Billy Lyon finally enjoys the patio at his villa in Moss Spring Estates in Antrim Township. Behind him is Lot 21, the site of a modification request by developer Frank Plessinger.

Due to complications between Antrim Township and developer Frank Plessinger, Billy Lyon owned a brand new home but was still a man without a home. He was not allowed to live in his property until the issues were resolved.

A hearing Sept. 4 was his best hope to gain access to his retirement residence. His daughter in-law Karen Lyon traveled from Alexandria, Va., to testify with him before the Board of Supervisors.

Twenty-five citizens with a vested interest in Moss Spring Estates showed up for the 7 p.m. hearing. So did four lawyers and township staff. The only people missing were the supervisors.

Curtis Myers appeared at 7:10. James Byers entered at 7:25 and apologized for not putting the meeting on his calendar.

"Are we going to have a hearing or not?" an irate citizen asked at 7:30. "This is ridiculous."

Scott Difffenderfer arrived at 7:32, thus a quorum was present and the hearing began. Sam Miller came a few minutes later.

Hearing purpose

The hearing was convened to take public comments on tree screening and setback requirements for Phase 2A of Moss Spring Estates.

Plessinger sought to alter the tree maintenance easement area required in the final approval of Phase 2A of his planned residential development. Prior to tentative approval, the township set a condition that Plessinger establish a row of trees in a 35 foot wide easement between the single family homes and the villas in Moss Spring Estates.

The easement area was supposed to include 25 feet on Lot 21 and ten feet on Lots 136, 137 and 138.

Antrim Township approved the plans May 11, 1999, and they were recorded in the Franklin County Courthouse plat book May 14, said Ed Wine, attorney for the developer.

However, he added, in the days before the recording, Plessinger sold Lot 21 to Dale Angle.

Attorney Clint Barkdoll said he notified Antrim of the treescreening situation in April 2007 after Angle became aware of the easement condition.

"Prior to that, we hope no one was aware of the problem," Barkdoll said. "It's our position the developer had to know about this when he sold Lot 21. It's a bit troubling."

Wine suggested as a solution that Plessinger put the entire easement in the backyards of Lots 136, 137 and 138. Lyon owns the villa on Lot 136. The others are unsold.

Karen Lyon stated that Billy Lyon had no objection to the plan and would appreciate the privacy from the trees. Wine acknowledged that the other two villas would also lose their backyards, but it would be up to Plessinger to handle that with potential buyers.

Jody Ebbit, living in a singlefamily home on Lot 19, said that since four-foot trees were supposed to be installed before construction, she wanted to make up for lost time. She asked the board to require larger trees, and that a deadline be set.

Barkdoll said Angle was pleased the trees would be moved off his lot, which he purchased at a premium price.

Privacy for the homeowners was the main concern of Nancy Dunn. "Mr. Plessinger knew exactly what he was doing," she said. "His minions follow behind him to clean up his mess."

The board authorized supervisor Diffenderfer, an arborist, to visit the site with property owners, and recommend species and size of trees to be put in the easement.

Boundary lines

When surveyors took measurements for the as-built drawings of villas 133-138, they discovered the buildings were over the property line into the common area by 1/4 to 1.2 inches. Wine said Plessinger believed it was due to the brick veneer placed over the cinder block. He asked that the boundary lines be adjusted to the edge of the units.

Mike Vaughn, 458 Moss Spring Ave., said he was in the same situation prior to moving into his house, and had to live in a motel for two months. He encouraged the board to move the line so Lyon could get into his home. The board voted in the affirmative.

Since township solicitor John Lisko had to conduct a findings of fact and conclusions of law on the two issues, the matter of Lyon was still up in the air. Township manager Ben Thomas Jr. suggested a temporary certificate of occupancy be issued. The board approved the idea.

Home sweet home

Lyon purchased his villa in May, knowing there were issues with the deed. Since his son, Brigadier General Charles Lyon, who had power of attorney, was due to head overseas in June, they closed anyway.

Plessinger offered Lyon the development's model home as a temporary residence. He moved in May 25. He did put most of his possessions and furniture in his villa at Lot 136. On Sept. 5 the retired educator and National Park Service employee slept in his own bed.

He is grateful for the support of his neighbors, many of whom he has never met. He said he holds no ill feelings toward anyone and is happy to be home.