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Adams property owner airs ordinance complaints

ADAMS TWP — The owner of a property at the western end of Beaver Street told the township supervisors Monday night that the township ordinances that cover his building are unrealistic.

Ron Nacey bought the former Capelli Salon, which is the last building on the south side of Beaver Street near its intersection with Route 228, to put in a generator shop and a chiropractor's office.

Because the building is between Route 228 and Beaver Street, the Route 228 overlay district's ordinances cover the property.

Nacey said the requirement to put a sidewalk along the front of the building is unrealistic because there is no foot traffic near the property. He also opposed paving the gravel driveway and other requirements.

Supervisor Tom Franceschina, who also is on the township planning commission, said the commission denied Nacey's plans because there were numerous issues that were not in compliance with the zoning ordinance.

Township engineer Ron Olsen explained to the supervisors that the building was originally a house, and the supervisors several years ago approved the hair salon as an “adaptive re-use,” which is a temporary use of a property along the Route 228 overlay district.

He said with Nacey's new use, all of the ordinances in that zoning district kick in, including stormwater retention, plan drawings by a professional engineer, sidewalks, and other requirements.

Olsen said that Nacey is reluctant to pay for the requirements because of the expansion of Route 228.

“He presented the idea that he believes Route 228 is going to be widened on his side of the road, and if it is, he's contending that he will be spending all this money unnecessarily,” Olsen said.

Franceschina said the problem is that if the supervisors allow Nacey to skirt the zoning requirements, other property owners and buyers will expect the same treatment.

He said Kaclik Builders, which is near Nacey's property, had to comply with the ordinances when it moved in a few years ago.

“We have to be consistent. The ordinance is the ordinance,” Franceschina said. “What can we do?”

After discussion between the supervisors and Nacey, it was agreed that members of the supervisors and planning commission would meet Nacey at his property to discuss the dilemma.

Upon the advice of township solicitor Mike Gallagher, the township granted a 65-day extension on Nacey's project with his approval so the meeting can take place.

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