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JONES v. ZONING HEARING BOARD AND TENNIS CLUB (12/18/72)

decided: December 18, 1972.

JONES, ET AL.
v.
ZONING HEARING BOARD AND THE TENNIS CLUB, INTERVENOR



Appeal from the Order of the Court of Common Pleas of Montgomery County in case of C. Brooke Jones and Russell E. Ellis and Ruth h/w and Numerous Residents of Gainsboro Road, Gainsboro Circle, Greentree Lane and Woodbine Avenue and Welsh Valley Civic Association v. Zoning Hearing Board of Lower Merion Township, No. 71-5321.

COUNSEL

Paul W. Callahan, with him Stanley Schlesinger and Fox, Differ, Mazer & Callahan, for appellants.

Robert S. Ryan, with him John W. Fischer, Lewis H. Van Dusen, Jr., and Drinker, Biddle & Reath, for appellee.

Perrin C. Hamilton, with him Joseph A. Malloy, Jr., and Hamilton, Darmopray, Malloy & Milner, for intervenor.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 7 Pa. Commw. Page 285]

The Court of Common Pleas of Montgomery County affirmed the decision of the Zoning Board of Lower

[ 7 Pa. Commw. Page 286]

Merion Township which granted the application of the intervenor here for a special exception. Neighbors and the local Civic Association objected. Hence their appeal.

The intervenor seeks to construct a tennis club on a seven and one-half acre tract in Belmont Hills.

Testimony at the Board hearing disclosed the following plans: (1) The Tennis Club would have a maximum membership of two hundred families, and (2) The physical facilities would consist of a clubhouse building, 6 indoor tennis courts, 12 outdoor tennis courts, a swimming pool with related structures and a parking lot to serve 186 automobiles.

The Board granted the special exception subject to certain conditions.*fn1

The tract in question is located in R-3 and R-5 zoned residential districts. Section 601(4) of the Lower Merion Zoning Ordinance provides that a special exception in such classifications may be granted for a "Club, fraternity house or lodge except where one of the principal activities is an activity ...


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