JUNE 18, 2008
The regular monthly meeting of the Lower Burrell Planning Commission was held on
Wednesday, June 18, 2008 at 7:30 p.m. in the Municipal Building at 2800, Bethel Street, Lower
Burrell, PA 15068. Present were Ray Rieser, Charles Stapinski, Robert Hrivnak, Janet Ryan,
Bruce Schneider, Ordinance Officer Michael G. Nedley, and Public Safety Director Councilman
A motion was made by Mr. Hrivnak, seconded by Mr. Stapinski to accept the minutes of May
21, 2008 meeting. Motion passed.
Thomas McAninch, 2919 Leechburg Road, Lower Burrell, PA 15068 requesting preliminary
approval for a Planned Residential Development, on property identified as Tax Map # 17-04-00-
0-038, zoned S-1, located at Country Club Commons in Lower Burrell. Mr. McAninch was
A letter was received from the Engineer Delbert Brown regarding Thomas McAninch, attention
Michael Nedley Zoning Officer concerning Country Club Commons Plan #5 was read.
"Dear Mr. Nedley, I have reviewed the preliminary application for the Planned Unit
Development submitted by Mr. Thomas McAninch, Country Club Commons Plan #5, and
submitted the following comments pertaining to Lower Burrell PRD review checklist. All items
listed on the checklist are provided exception for the erosion sediment control plan and the storm
water management approval by the Westmoreland Conservation District. This approval should
be a requirement for final before approval for the Lower Burrell Planning Commission. I
reviewed in detail access from the 20’ private roadway onto Country View Dr. At the access
driveway entrance Country View Dr. slopes at a +10% average grade to the East, the available
sight distance of 166’ meets the Pennsylvania Department of Transportation minimum guidelines
for a 25 mph speed limit. Currently there is a vine like vegetation growing on the south-bank at
Country View and within the 50’ public right-of-way. If unchecked, this vegetation will hinder
the sight distance in the future. I recommend this vegetation species be removed. From the
access driveway entrance, Country View Dr. slopes at a minus 2 percent average grade to the
West. The available sight distance of 200 feet exceeds the Pennsylvania Department of
Transportation minimum guidelines for a 25 mph speed limit. The radii at the access driveway
at Country View Dr. are shown to be less than 10’. I recommend this be increased to at least 20’
on the easterly side to provide better access to larger vehicles servicing the plan and increased to
at least 15’ on the westerly side. There is an existing driveway to the West and larger radius
would encroach on the driveway distance separation requirement of Ordinance 1355.01(1). The
cartway into the plan is shown as 16’ in width for the first 500’, then reducing to 12’ in width for
the remaining 100’ and the turnaround area. I would recommend an 18’ wide cartway be
provided for the full length. A minimum of 16’ in width would be needed for two passenger cars
to pass. The hammerhead turnaround configuration at the North terminus of the access driveway
would provide an adequate turnaround area for emergency and service vehicles. Please contact
me if you require additional information at this time. Sincerely, Delbert Brown, P.E."
Mr. Rieser asked Mr. McAninch if he had received a copy of the letter and if he is willing to
conform with the suggestions that he is making. Mr. McAninch said I would have to go along
with it. Mr. McAninch stated that his cartway is 12 ½’ and they don’t have 15’. Mr. McAninch
stated that there were comments made about garbage trucks and moving vans that couldn’t go in
and out and that’s actually not true, because trucks and moving vans go in and out of there
without any problem. Mr. Nedley stated I think a minimum of 16’ he would accept, is that
acceptable. Mr. McAninch said as opposed to what, Mr. Nedley said 18’. Mr. McAninch asked
are you talking 16’ on the entrance end, Mr. Nedley stated no, the entire length. Mr. McAninch
stated he doesn’t agree with that but if that’s going to be a requirement he said than I guess I’ll
have to go along with it. Mr. Rieser inquired does the City prefer 16’ and Mr. Nedley stated yes.
Mr. Rieser stated then that’s what the board wants 16’. A motion was made Mrs. Ryan,
seconded by Mr. Stapinski to grant preliminary approval contingent upon the 16’ cartway
running the full length of the project and the killing of the plant at the entrance and the other
items mentioned by Mr. Delbert Brown in his letter. Motion passed.
Joseph Olasin, Jr., 1000 Michelle Rd., New Kensington, PA, requesting to open a restaurant and
six pack shop on property located at 101 New York Ave., Tax Map #17-08-09-0-037, Zoned M-
1. Mr. Olasin was not present.
Robert Dunn, representing B&J Supermarkets, requesting conceptual approval for subdivision
and site plan on property identified as Tax Map #17-07-08-0-004, 125 Logans Ferry Rd., Zoned
C-3. Robert Dunn was present to explain the plan for the new Sonic Restaurant, and also the
changes for Walgreen. Mr. Rieser asked Mr. Nedley if he had a chance to look at the plans and
Mr. Nedley said yes he did. Mr. Nedley said yes and he has no problem with it.
Mr. Rieser read the letter from Alpha Engineering Co., Inc., regarding B & J Supermarket Plan
of Lots No. 2.
"Dear Mr. Nedley: As per your request I have reviewed the above noted subdivision for
compliance with City of Lower Burrell Subdivision requirements and provide the following
comments: 1) The plan notes the front yard setback is 15’. This is ok for yards and planting,
however the building setback line is 50’ as per Section 1335.05(a) (5). The 50’ front setback line
should be plotted on the plan. 2) There are areas noted as “access easement to be dedicated”
between parcels C & D and along the Southerly line of parcels C & D. The exact width of these
easements should be noted. Also there should be a statement on the plan or a separate agreement
defining maintenance responsibilities for these access easements. These are very minor revisions
and I recommend approval of the Plan contingent upon these items being addressed.
Respectfully submitted, Anthony J. Males, P.E., Consulting Engineer for the City of Lower
Mr. Dunn stated as far as the setback they are 50’. Mr. Rieser asked Mr. Nedley if there was a
time constraint on this, and if will be necessary to have an extra meeting next month for this
project. Mr. Nedley stated yes, they will be appearing before the Zoning Hearing Board on July
21, 2008. Mr. Dunn stated they are trying to beat the weather. Mr. Nedley stated they want to
schedule a special meeting. Mr. Rieser asked if any board member had a problem coming in for
an extra meeting and the board responded no problem. Mr. Rieser stated that was ok.
Mr. Rieser stated they will need a special exception because of the 4 acre requirement under
Article 1335.07. Mr. Nedley stated that there are also additional comments.
Mr. Rieser read the letter from Alpha Engineering Co., Inc., regarding Site Development Plans
for the proposed Sonic Drive-In.
"As per your request I have reviewed the above mentioned Site Development Plans. The Plans
appear to satisfy the City’s Site Development requirements. However, additional detail needs to
be provided in regard to the Storm Water Management, Sewage Facilities Planning Module
Exception and State Highway Occupancy Permit. I recommend preliminary approval be
contingent upon the additional detailed information to be provided before final approval.
Respectfully submitted, Anthony J. Males, P.E., Consulting Engineer for the City of Lower
Mr. Dunn stated he is in agreement with the above and are already working on it.
A motion was made by Mr. Hrivnak, seconded by Mrs. Ryan, to support your request providing
you comply with the two letters, support your request for a special exception to go to the Zoning
Hearing Board. Motion passed.
Enterprise Car, for discussion of a pole sign on 3251 Leechburg Road, Tax Map #17-04-13-0-
226, Zoned C-2. Frank Watkins, 3251 Leechburg Road, was present to explain that they want to
erect a vertical sign. Mrs. Ryan asked are there similar signs in other locations? Mr. Watkins
said no this is the first. Mr. Rieser asked Mr. Nedley if he had any comments. Mr. Nedley stated
that our Ordinance requires 10’ to the bottom of the sign. It really doesn’t discuss this type of a
pole sign. That is why they are here tonight they would have to seek a variance. Mr. Rieser
stated so we have to make sure we don’t set a precedent in dealing with all future requests for
signage approval. Mr. Nedley stated that this is a unique type sign, personally I don’t have a
problem with that. Mr. Rieser asked if there were any comments. Mr. Schneider asked if this
affect the visibility for the drivers of the fire trucks coming out of the adjacent property. Mr.
Watkins stated he doesn’t believe that would be any different than a telephone pole. Mr. Rieser
asked if the fire department has looked at this to see if it was a problem. Mr. Nedley stated they
had not, they would be notified prior to the hearing for the Zoning Hearing Board. Mr. Watkins
stated that he would speak to the Chief at the Fire Dept. and explain the sign. A motion was
made by Mr. Stapinski, seconded by Mr. Hrivnak to support their request and send them off to
the Zoning Hearing Board. Motion passed.
Robin Namey, conceptual approval for a subdivision at 301 Greensburg Road, Tax Map #17-07-
08-0-006, Zoned R-1. Robin Namey was present to discuss her subdivision. Mr. Nedley asked
Ms. Namey if this would be one lot, not two separate lots. Ms. Namey said yes it would be one
lot. Mr. Rieser asked if there were any comments, Mr. Nedley stated that this would be better
than one lot by itself. A motion was made by Mr. Stapinski, seconded by Mr. Hrivnak to support
the request and send onto Zoning Hearing Board. Motion passed.
Keystone Novelties, Roger Irons, 173 Blue Sky Dr., Windover, PA was present to request a
firework tent at Rite Aid. Mr. Irons was present to explain that they have an agreement with Rite
Aid to have fireworks at the far end of their building. Mr. Irons said the dates for their operation
is June 26th through July 5th, Sunday morning the tents will be down, everything will be down
Monday or Tuesday at the latest. Mr. Rieser said ok, you cannot give away any illegal
fireworks. Mr. Rieser said the City’s fire department will come around to inspect. A motion was
made by Mr. Stapinski, seconded by Mr. Hrivnak to give approval providing that they accept all
the conditions placed on other similar venders and submit to inspection by the zoning officer and
fire department.. Motion passed.
With no further business, a motion was made by Mr. Hrivnak, seconded by Mr. Schneider to
adjourn the meeting.
Raymond Rieser, Chairman
Janet Ryan, Secretary