Aug 17, 2015 3 min read

After hearing more than two hours of testimony Monday afternoon, a Washington County judge ruled in favor of property owners who expressed concerns a powder-coating business, if opened in a former Eagles Club, would make a negative impact on a Clarksville neighborhood.

William and Kathryn Giovanelli, of Millsboro, who own rental property near the former club, appealed the decision of the East Bethlehem Township zoning hearing board that would allow the business to operate at 2424 Sandy Plains Road.

Judge John DiSalle sustained the Giovanelli’s appeal, finding a light industrial business in the neighborhood would change its character from one zoned residential.

Asked if she planned to appeal, Anne Pagac, who would have handled office work at the two-person operation, said, “I don’t know,” and three times repeated, “This is not news.”

The Giovanelli’s attorney, Adam J. Belletti, of Waynesburg, presented testimony from township Zoning Officer Norman George, who said the light-industrial use was “not a residence, not a special exception or conditional use.” Nearby businesses on Route 88 include an automobile repair shop, a beauty salon and a personal care home.

The club members ceased to use the building 15 to 20 years ago, and there were no occupants since.

Patrick and Dawn Miller, who live near the former club, expressed concerns about air quality, but Matthew Pagac, who said he would operate the business as an endeavor in addition to his regular job at a former miners’ career development center, testified the process would emit no fumes, specifically no solvents or vapors from volatile organic compounds, known as VOCs.

Kathryn Giovanelli told the court she feared a spark could cause a fire or an explosion. Matthew Pagac described the electrostatically charged powder, which he likened to epoxy, being sprayed inside an enclosed booth from which the material cannot escape. After being sprayed, the items would be transferred to an oven, the temperature of which would not exceed 400 degrees.

“It would be like your home gas oven,” Matthew Pagac testified under direct examination by his attorney, Thomas H, Ayoob III, of Pittsburgh, saying it would not generate noise.

As to the flammability of the coating, he told the judge, “I could literally take a blow torch and hold to a five-pound bag of powder coating and it would melt. It would not explode.”

He did not envision a large-scale operation rather a small business where customers could drop off furniture, bicycles and household items such as mixers or lawn mower decks to restore a smooth finish that is impossible to duplicate with conventional paint.

Anne Pagac attempted to testify the property was marketed as commercial, but DiSalle agreed with Belletti’s objection that this testimony was not relevant. The appellants’ attorney also objected to township Solicitor Lane Turturice addressing the court during closing arguments.