Objection for Construction of a Pole Barn
In Berryman v. Wyoming Borough Zoning Hearing Board, 884 A.2d 386, 389 (Pa. Cmwlth. 2005), a building permit was issued for the construction of a pole barn, and construction commenced immediately.
By November 1, 2003, the construction was visible from the street and the adjoining properties.
The objectors filed an appeal with the zoning hearing board on December 8, 2003, challenging the issuance of the building permit.
The objectors owned property near the subject property but did not live in the area.
This Court determined that because there was no notice that the permit was issued, the 30-day appeal period began to run when construction of the pole barn became visible to the public, which occurred no later than November 1, 2003.
As such, the December 8, 2003, appeal was not timely. Berryman, 884 A.2d at 389.
The Court refused to extend the appeal period for out-of-town property owners who did not see the construction on November 1, 2003. Id. at 389-390.