Zoning hearing for Masontown housing project delayed
A scheduled Fayette County Zoning Hearing Board (ZHB) meeting to consider a variance and special exception for a Masontown work force housing project was continued after the members agreed the developer should be in attendance to offer testimony.
At the advice of ZHB solicitor Wendy O’Brien on Wednesday, board members Rob Guerriere, Ed Payson and Gwen Clark consented to delay the hearing until Jan. 14 and also to subpoena John Verbanec, Summa Development LLC president – the developer of the planned 37-unit housing site.
Summa, of Pittsburgh, is seeking a special exception for duplexes and townhouses and a variance from lot unit density requirements on a Masontown Borough property zoned R-1, moderate density residential.
The same board granted the request last year. However, the permission to move forward with the project was nullified when construction did not begin within the one-year time frame for the variance and special exception.
The hearing delay came after attorney Richard Bower objected to the absence of Verbanec although attorney Simon B. John, legal counsel for the Pittsburgh firm, entered documentation that authorized engineer, Rob Sleighter, to testify on behalf of Verbanec.
Sleighter is the president of Sleighter Engineering Inc. of Uniontown. The firm was hired by Summa to design the work force housing complex.
Bower is representing several Masontown residents that do not want the project to be constructed within the borough.
“I’m going to object to the hearing being held,” said Bower. “Mr. Verbanec should be here to testify as to what his plans, or the company plans are (for the property).
“Mr. Sleighter is not part of that company and cannot say what Summa Development is going to do.”
Bower said Sleighter could offer testimony concerning the architectural and engineering plans, but would be unable to detail any company plans or early negotiations with the Fayette County Housing Authority.
Summa purchased the six acre property from the authority last year.
“The applicant has to be here to testify for his company,” said Bower. “You do not have the proper people here to go forward.”
John, meanwhile, said Sleighter was given the power-of-attorney by Verbanec to act on his behalf at the hearing.
“Mr. Sleighter has the right to testify and answer any questions Mr. Bower might have or any questions that someone in the audience might have,” he said.
Likening the matter to the recent case involving the ZHB and the county, Bower argued that the acknowledged applicant must be present to testify, not an agent.
Recently, visiting Westmoreland County Senior Judge William Ober determined that there were errors of law in the early ZHB decision that granted several variances for the construction of the now-shelved prison in overturning its earlier decision.
Ober also cited the action taken by Commissioner Al Ambrosini to act on the behalf of the county when the commission had not officially authorized him to do so in the matter.
“It is the same situation,” said Bower. “Mr. Verbanec should here to testify and not try to circumvent the appropriate way to have this hearing. That’s what he is attempting to do so that he doesn’t get put on the hot seat.”