Zoning board denies commercial shooting school
The Fayette County Zoning Hearing Board (ZHB) denied a Dunbar resident and a security company their requests for special exceptions for an armed self-defense outdoor target shooting and instruction area after the petitioners failed to appear at the scheduled hearing.
Joseph Cellurale and Washington Security were to appear Wednesday before the ZHB to request the panel reverse an earlier action by the planning/zoning technician in the issuance of a cease and desist order, and grant the special exceptions. However, neither party was present to offer testimony in the matter.
Four years ago, Cellurale, along with Washington Security Group Inc., headquartered in Washington, D.C. sought the specials exceptions after Cellurale was cited for operating a shooting range.
The shooting range was ordered to shut down until the appropriate authorizations were issued.
Four hearings were held to take testimony, with the ZHB agreeing to allow the commercial shooting range and other related uses
Historic Meason House owners Terry and Diana Kriss, whose property adjoins the Cellurales, appealed the matter to the Fayette County Court of Common Pleas.
In a January 2015 order, Judge Steve P. Leskinen ruled in favor of the Kriss’ stating that the ZHB “committed an error of law in finding that the use of commercial school is permitted by special exception on property located in the airport hazard overly zone where the underlying property is zoned agricultural-rural.”
Both the Cellurale and Kriss property are located near the Connellsville/Joseph A. Hardy Airport.
“The court finds that the (Kriss’) are correct in their interpretation of the law, and that the zoning hearing board – on advice of their previous counsel – made a clear error of law,” said Leskinen in the order. “The airport hazard overlay zone operates to restrict uses in the underlying (agricultural-rural) zone, and cannot reasonably be interpreted to permit additional broad uses that are inconsistent with the character of the underlying zone.”
In a unanimous vote on the three issues, the board denied the special exceptions for the commercial school and other uses and upheld the cease and desist order.
Board members taking part in the vote included Chairman Rob Guerriere and members Ed Payson and Deborah Marella.