Nov 13, 2002 By Jackie Beranek 3 min read

UPPER TYRONE TWP. – Supervisors learned Tuesday that a 20-foot right of way adjacent to the municipal building on Municipal Drive does not belong to them. Former supervisor Chuck Cook said the supervisors received a fax from solicitor Michael Macko a couple of minutes before the regularly scheduled 7:30 p.m. meeting informing them that the right of way does not belong to them.

“Macko said the right away is not a public alley maintained by the township,” said Cook. “He further stated that any problem between neighbors regarding the right of way is a private matter.”

Municipal Drive residents Diane Lewandowski, Cheryn Kasiewicz Cooke and Terry L. and Melissa S. Coughanour are locked in a dispute over the 20-foot right of way, according to supervisors.

Lewandowski claims the Coughanours are using the right of way to access their property, where they are building a stable to house a horse.

The Coughanours were not at Tuesday’s meeting.

The horse issue surfaced last month, when Cooke and Lewandowski told supervisors that they didn’t want the horse housed next to their homes because of the smell the animal would create.

Although taxpayer money will pay Macko’s legal bill when submitted to the township for payment of services related to research on the property, supervisors said they could not allow the public to look at the letter because of a “confidentiality paragraph” on the first page of the fax.

Cooke said, “I’m sure that the paragraph only pertains to fax material, but we will have to check with the solicitor before we can let anyone see the information.”

Supervisor Sam Killinger said as soon as he gets the OK from Macko, Lewandowski and other residents can look at it.

Supervisor Chairman Jack Fullem said a copy of the letter will not be sent to the Coughanours.

In a related matter, supervisors received a letter from the office of Planning, Zoning and Community Development pertaining to the Coughanours.

The letter from Tammy Shell, director, said that the Chrichley Plan was granted “conditional final approval” on Sept. 12 at a planning commission meeting for a subdivision.

Shell additionally said that the subdivision, 2.6734 acres, was approved for conveyance of the acreage to the Coughanours. She also said that the commission did not approve a land development for the construction of a stable.

In other unrelated matters, the supervisors passed their 2003 tentative budget with no tax increase. Secretary Louise Koza said the $233,185 spending plan shows a carryover of $921,076.

The largest expense in the budget is $158,950 for highways, roads and streets.

The second highest cost is general government at $56,545. Other expenses include public safety at $12,690 and miscellaneous expenditures at $5,000.

The township expects revenues of $126,496 from taxes, $20,000 from licenses and permits, $36,191 from interest, rents and royalties, $53,652 from intergovernmental revenue and $2,000 from miscellaneous revenues.

Scottdale Library President Judy Ermine asked the supervisors to donate $300 to the library so that 60 township residents could receive a library card. Ermine explained that under state law the library has to charge residents living outside Scottdale a $5 per year library card fee.

Ermine also explained that the Southmoreland School District presented a donation to the library to cover Upper Tyrone and East Huntingdon Township school children.

She also said that Scottdale Borough supports the library each year with a $25,000 donation.