WHITE OAK BOROUGH PLANNING COMMISSION MEETING MINUTES HELD JULY 1, 2010

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WHITE OAK BOROUGH PLANNING COMMISSION MEETING MINUTES HELD JULY 1, 2010 Planning Commission Members Present: Paul McCarthy Tony Villinger Glenn Beech Al Lebedda Helen Stratigos Planning Commission Members Absent: Others Present: Wayne Washowich Don Hultberg, Borough Engineer Terry Leckman, Borough Solicitor John W. Petro, Jr. Christine Regan Alec Regan Bradley Kitchen Mr. Lebedda: I d like to call to order the White Oak Planning Commission for Thursday, July 1, 2010. Let s stand and pledge allegiance. All: Recited Pledge of Allegiance. Mr. Lebedda: Before I introduce the Planning Commission members I d like to recognize the Boy Scouts that are here tonight for our meeting, for I assume, merit badges is that correct? So let it be so noted. The Planning Commission members present tonight, to my left, Glenn Beech, Tony Villinger, Paul McCarthy, Helen Stratigos the Secretary, and my name is Al Lebedda I m the Chairman. To my right is Wayne Washowich Building Inspector, Don Hultberg the Borough Engineer representative, and Terry Leckman the Borough Solicitor. In the audience we have Edward Babyak who is the Borough Council representative. We have a few minor things to go through today. We need approval of the minutes. Let s go through the minutes for May 6, 2010. Take a few seconds to glance through it, I m sure most of you have. I ll accept a motion. Mr. Beech: I ll make a motion to approve the minutes. Mr. Lebedda: We need a second. Mr. Villinger: Second that. 1

Mr. Lebedda: A motions been made and seconded, to approve the minutes from May 6, 2010. Those in favor signify by saying aye. Mr. Lebedda: Opposed, no? Motion carried. We have minutes for the Planning Commission meeting held on June 3, 2010. Want to take a couple of seconds to look at those. I ll accept a motion for approval of the minutes for June 3, 2010. Mr. McCarthy: I ll make a motion to accept. Mr. Lebedda: Second? Mr. Beech: I ll second. Mr. Lebedda: A motions been made and seconded to approve the minutes for June 3, 2010. Those in favor signify by saying aye. Mr. Lebedda: Opposed, no? Motion carried. Mr. Lebedda: Tonight we have two cases, really just one case to go over, and the one case is a, one of the cases is a two lot Consolidation Reverse Sub-division Review for the property owned by John and Nancy Petro and the review of a proposed zoning ordinance, which maybe we ll get to, not maybe, we will get to later. Will the representatives for the Petro property step forward to the podium, state your name and address, as well as stating your case? Mr. Jack Petro: My name is Jack Petro, I presently reside at 150 Carmella Drive in White Oak. Mr. Lebedda: Okay. You want to state your case? Mr. Jack Petro: I do. Um, I uh, you see before you um, a set of a, a plat that uh, requires a reverse sub-division of two pieces of property located on Heatherlynn Court here in White Oak. Uh, the a, the two pieces of property, uh you may also notice, have an easement that runs between those two uh, with a proposed uh, relocation of uh, yet another easement. We re going to reroute the sanitary sewer line that presently runs through both pieces of property. We ve been in touch with the Municipal Authority of Westmoreland County, and we ve gained permission to uh, to do the rerouting of the sanitary sewer, which will allow us, if a, the Planning Commission grants us the reverse sub-division to um, place a home in the middle of the two pieces of property. Um, the Municipal Authority of Westmoreland County then has also, uh, committed to vacate the existing easement that you see running between the two pieces of property presently. 2

Mr. Lebedda: Okay. Any comments by the members of the Planning Commission? Mr. Hultberg, do you have any comments? Mr. Hultberg: Um, just for the record, the EADS Group did review the consolidation plan, a written report was provided to the Planning Commission and Mr. Petro, you received a copy of the, of our written report also, I believe. Mr. Jack Petro: I did. Mr. Hultberg: And the report basically outlines five items, most of which are small drafting items that will be easily corrected before the final mylar is created. One item I ll call attention to, and that is the review by the Allegheny County Economic Development, and they have 30 days to respond. So based on those, the EADS Group recommends final approval of the sub-division plat, contingent upon those items. Mr. Washowich: Preliminary and final. Mr. Hultberg: Preliminary and final, yes. Mr. Lebedda: Mr. Leckman, do you have any comments? Mr. Leckman: The only legal issue we have Mr. Lebedda is that the purchasers are currently under agreement to purchase this property, so obviously your approval, if that s what you are recommending, would be contingent upon their completion of the purchase of the property. Mr. Jack Petro: Which is by the way, scheduled for July 6, Tuesday, July 6 th at 10:00. Mr. Lebedda: Being that there are no other comments Mr. McCarthy: Jack, is that contingent on this all going through? Mr. Jack Petro: Yes. Mr. McCarthy: As far as --- Mr. Jack Petro: We cannot construct a home in that location unless the reverse sub-division is granted, and of course the vacation of the easement, but that s already -- Mr. McCarthy: You ve already taken care of that? Mr. Jack Petro: Yes. Mr. McCarthy: And they have, do they have to physically dig up what s there, as far as the sewer lines? 3

Mr. Jack Petro: No. They can actually, discontinue it s use, but unfortunately where the house is going, that sewer line is only 7 foot below the ground right now. It will be dug up. Mr. McCarthy: Okay. Um, it looks like a very desirable parcel. I looked at it today. Are you going to have to fill it in the back at all? Mr. Jack Petro: Well actually, because we re putting 9 foot basements, because of my genetic defect, I keep running into beams, so they re going to put a 9 foot basement in for me and that s going to create a lot of dirt that s going to be removed, and that s going to be used for the hill, if you were there, where the hill drops down over the back. We ve also got permission from the Municipal Authority of Westmoreland County, there are 3 manholes located across the back of the property. They ve given us permission to raise those if we need to. If we have more dirt to carry down over the hill there, then the height, the present height of the manholes, we ll just have to bring that up so much. Yeah, we re going to, we re going basically just to grade it to a gentle slope and uh, we ll have enough property on the sides and in the front that uh, (inaudible) Mr. McCarthy: A very desirable parcel. Mr. Jack Petro: Yes. We re hoping after we, again, assuming you know, if you grant permission for a, to reverse sub-divide, we assume that s it s going to be a really nice house there at the end of the cul-de-sac, yeah. Mrs. Stratigos: It will. Mr. Lebedda: Are we ready for a motion for recommendation for approval? Mrs. Stratigos: We are. Mr. Lebedda: Do you want to make a motion? Mrs. Stratigos: Yes, Mr. Chairman. I move that the Planning Commission send a favorable recommendation to White Oak Borough Council recommending the preliminary and final approval of the proposed land reverse sub-division known as Petro Consolidation. Said recommendation be subject to the following conditions. Satisfaction of all conditions and plan deficiencies as set forth in the Borough Engineer s report dated June 28, 2010. Satisfactory review as required by the Allegheny County Department of Planning. Completion of the purchase of said property by the buyers. Furthermore, it is recommended the following application requirements of the Borough Ordinance 2748 Title 7 Section 701 be waived as requested. Section 1385.03 (b) (1,2,3,4) and Section 1385.06 (d) (3) relating to small sub-divisions. This motion shall also authorize the Chairman and the Secretary of the Planning Commission to execute the original mylar plat. Mr. Lebedda: I need a second for the motion. 4

Mr. McCarthy: I ll second. Mr. Lebedda: A motions been made and seconded to approve the sub-division for the Petro Consolidation. Those in favor signify by saying aye. All: Aye (unanimous) Mr. Lebedda: Opposed, no? Motion carried. Mr. Jack Petro: Thank you very much. I appreciate it. Mr. Lebedda: All right the other item that we have for tonight is the proposed Zoning Ordinance amendment to allow animal shelters/kennels in certain areas of the Borough. Is there any discussion before we bring that up to a vote? No discussion? All right, we have a motion for the proposed Zoning Ordinance and the Secretary is going to read the motion and then there will be a second and then we will vote on it. Mrs. Stratigos: Okay. I move that the Planning Commission send an unfavorable recommendation to White Oak Borough Council for the proposed ordinance permitting the operation of an animal shelter/kennel in certain areas of the C-2 Commercial District for reason of (excuse me, I don t have my glasses) 1) The proximity to residential properties. 2) Possible nuisance due to the noise. Mr. Lebedda: A motions been made, is there a second? Mr. McCarthy: I ll second. Mr. Lebedda: A motions been made and seconded, those in favor signify by saying aye. All: Aye (unanimous) Mr. Lebedda: Opposed, no? Mr. McCarthy: We re in favor of the unfavorable recommendation right? Mr. Lebedda: I guess that s the way we re Mrs. Stratigos: We re voting for the unfavorable recommendation. Mr. Lebedda: Oh all right, okay. Mrs. Stratigos: Yes. Mr. Lebedda: That threw me. Let s go through this again. Mrs. Stratigos: Okay. 5

Mr. Lebedda: Those in favor signify by saying aye. Mr. Lebedda: Opposed, no? Motion carried. Is there any further comments or additions or whatever, anything? Mrs. Stratigos: Mr. Chairman, I move that we close. Mr. Lebedda: A motions been made that we close our meeting. Do I have a second? Mr. Villinger: I ll second that. Mr. Lebedda: A motions been made and seconded, those in favor signify by saying aye. Mr. Lebedda: Opposed, no? Motion carried. We are adjourned. 6