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Perry resident complains zoning ordinances not fairly enforced

By Rebekah Sungala 3 min read

?PERRY TWP. — Perry Township supervisors on Tuesday heard the concerns of a resident who said zoning laws are not being fairly enforced.

Ray Swiantek, who lives in a rural area on Reservoir Road, said he was forced to remove a trailer several years ago after neighbor Sara Sickle complained that zoning ordinances were being violated.

Fayette County handles the zoning for Perry Township, as it does for the majority of other municipalities in the county.

“Sara Jean Sickle brought up the issue years ago complaining about people who had trailers on their property. Everybody in the community had trailers. People got rid of stuff and brought everything up to code, except her. I read in the paper a few weeks ago that she didn’t win her case in federal court and she’s still in violation,” Swiantek said, adding that he wants to know what now will be done to force Sickle into compliance.

“I think I’m going to put my trailer back on my property again. If she can get away with it, why can’t everyone else?” he asked. “She’s the one who stirred up all the trouble and her’s are all still there.”

In April, the state Supreme Court ruled that it would not hear an appeal of a zoning issue brought by both Sara and Thomas Sickle. The Sickles, who own property at 163 Greenfield Road, claimed zoning enforcement notices filed against them in 2008 were unconstitutional and should be thrown out.

The notices alleged the Sickles violated the county’s ordinance by using truck trailers for storage and having three dwellings on their property without a subdivision. The couple owns a farm.

The county’s zoning hearing board upheld the notices, as did Fayette County Judge John F. Wagner Jr. That prompted a failed appeal to Commonwealth Court. When that was denied, the couple sought for the state Supreme Court to hear the case. The court declined to do so in a one-sentence order.

Township solicitor Don McCue advised Swiantek that placing a trailer on his property without going through he proper channels and requiring the necessary permits would be in violation of the county’s zoning ordinance.

“Sometimes zoning doesn’t get enforced as vigorously as people would like it to be,” McCue said.

McCue told Swiantek the appropriate steps to take would be to send a written letter to the county’s Office of Planning and Zoning informing the office that Sickle may not be in compliance and asking the office to enforce all zoning laws fairly.

In other business, supervisors A.J. Boni, Janet Galla and Clarence Johnson voted unanimously to award a $89,220 contract to A.C. Moyer of Lemont Furnace to pave 5,000 feet of Court Road and 700 feet of Maplewood Road.

Boni said the entire length of Amelio’s Hill Road will be sealed.

In other matters, supervisors said demolition of Happy Valley Bridge should begin soon and that Widmer Engineering of Connellsville is preparing specifications to have the area filled in and a road constructed in its place.

Happy Valley Bridge, which is deemed structurally deficient, has been closed for about three years, Boni said.

The township plans to build a road in its place once the bridge is demolished and are seeking funding sources.

Supervisors also voted to hire Johnson as a part-time laborer on an as-needed basis.

His salary will be set by the township auditors. Boni and Galla voted to hire Johnson, with Johnson abstaining.

The next meeting is scheduled for 7?p.m. July 5 in the township building.

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