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Kevin Engler answers questions about the toilet in his front yard during a zoning hearing at the Fairview Township Municipal Building on Wednesday night.
S.John Wilkin/The Times Leader
A red toilet sits on the lawn of Kevin Engler’s home in Fairview Township.
Matt Hughes/The Times Leader
FAIRVIEW TWP. – The township zoning board on Wednesday night allowed Kevin Engler to keep a red toilet on his lawn.
Chairman Frank Usavage did not vote on the matter, but board members Shirley Garren, Bill Ermish and April Jacobson decided the toilet could stay.
Board member Dr. John Dougherty, who filed the complaint against his neighbor, did not vote.
Solicitor Robert Gonos said there were no landscaping provisions to support removing the toilet.
The toilet is located on the front lawn of Engler’s property. The complaint states that the toilet was a hazard and a nuisance.
Attorney Glenn Yanik represented Dougherty, while attorney Kevin Walsh represented Engler.
Dougherty’s wife, Sterling, took the stand and said that Engler once had two toilets on his lawn. She was concerned about the aesthetic appeal and what it clearly represents. Also, she was disappointed by the way the Englers maintain their property.
When Engler took the stand he said that he was going to put plants and vines in it when the weather breaks.
After hearing the testimony, the board members excused themselves and went to the back to make a collective decision.
The bottom line is the Englers have the right to have the toilet in their lawn in accordance to zoning provisions.