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Commissioners vote to revise zoning ordinance

By Amy Zalar 4 min read

The Fayette County commissioners Thursday opted to make changes to the long-awaited countywide zoning ordinance, even before the ordinance takes effect Nov. 1. The changes will deal with the communications towers section of the ordinance, specifically dealing with the proximity to which such towers can be built near the Connellsville Airport.

The commissioners unanimously voted to proceed with the required steps to amend the ordinance sections relating to communications towers, to include an airport hazard overlay if necessary. In the revision process, they will work with the Pennsylvania Department of Transportation Bureau of Aviation.

Commission Chairwoman Angela M. Zimmerlink agreed that input must be taken and changes made, but said it was a “red flag” that after planning the changes to the zoning ordinance for years, now someone comes forward with concerns.

Connellsville Airport Manager Sam Cortis, who attended Tuesday’s agenda meeting expressing concerns about the language in the ordinance, also attended Thursday’s meeting, along with John Logan of PennDOT’s Bureau of Aviation. On Tuesday, Cortis said the current zoning ordinance includes specific language detailing how far towers can be constructed from the airport and the new ordinance is worded differently and not as specific.

Logan said the state has zoning language for height restrictions and compatible land use near airports, and he would be willing to work with the county to come up with a comprehensive plan related to use at the airport for both.

Commissioner Vincent A. Vicites said the commissioners need input from the BOA to reword the applicable sections of the ordinance.

On Tuesday, Tammy Stenson, director of the Fayette County Office of Planning, Zoning and Community Development, explained that the county planning commission must approve a change before a rezoning hearing can be held and the commissioners must ultimately approve the changes.

Zimmerlink said it would be great if the changes could be handled in 30 to 60 days.

Vicites said the airport is transforming, referring to the plans to extend the runway and opening of a new terminal building. “I think we have to adjust the zoning ordinance with an overlay,” Vicites said.

In a zoning-related matter, Marilyn Cellurale questioned the whereabouts of photographs that were given to the commissioners in June by historic Meason House owner Terry Kriss. Cellurale said her property is likely in the pictures and would like to see what the commissioners were given.

Zoning violations have been alleged at the Cellurale property

Cellurale said she has spoken with the county solicitor, chief clerk and administrative assistants to two commissioners and can’t track down the pictures. “Why can’t I have these pictures?” she asked.

County solicitor Joseph E. Ferens Jr. said he isn’t handling the case but relayed that assistant county solicitor John Cupp said if the pictures were provided at a public meeting, they are public documents, and Cellurale is entitled to them. However, Ferens said he doesn’t know where the pictures are.

Zimmerlink said she recalled that the information was given to the commissioners during the June public meeting while Kriss was discussing the need for a provision in the zoning ordinance to protect historic structures.

Although Cellurale repeatedly asked for the pictures, none of the commissioners said they had them. Vicites said he would give Cellurale copies if he had them.

Cellurale said she knows it seems petty, but she said what is in the picture could influence the commissioners’ decision on the historic wording in the ordinance.

“Don’t you think this is a problem? Information comes in and it disappears,” Cellurale said.

In agenda items, the commissioners approved more than $1 million in Growing Greener Discretionary II Monies for projects such as the Sheepskin Trail and county park improvements.

The commissioners voted to submit a grant application to the state Department of Environmental Protection for a 2006 recycling application in the amount of $499,848, to purchase recycling containers, update the recycling and solid waste program, and purchase equipment such as a fork lift, horizontal baler, glass crushers and two oil-burning furnaces.

Zimmerlink announced the November agenda and regular commissioners meeting will be held on Nov. 28 and 30, beginning at 10 a.m. each day. She said plans are to unveil a preliminary 2007 general fund budget at the Nov. 30 meeting. After it is approved, the tentative budget will be made available for public inspection for 20 days, and it must be adopted by Dec. 31.

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