Jul 2, 2015 2 min read

A Peters Township developer is asking Washington County Court to order North Strabane Township to review and accept his plan for a planned residential development known as Greenwood Village Phase One.

Terry F. Bove, president of Bove Development Corp. of Venetia, entered into an agreement of sale for a 60-acre tract of land, zoned residential, where he proposed to construct the homes.

Bove applied for a conditional use permit from the township Jan. 30, 2013, requesting modifications for lot area, internal setbacks and traffic access. He revised the plan four months later.

On June 25 of that year, township supervisors voted to deny the application for a conditional use permit, but “did not timely issue a written decision of its denial,” according to a document Bove’s attorney filed with the court.

The township’s failure to issue a written decision is equivalent to a “deemed approval,” Bove asserted, citing the state Municipalities Planning Code.

Bove placed a legal advertisement in a newspaper that ran Feb. 18 and March 7 of this year stating, North Strabane “failed to timely render a written decision on the application resulting in the granting of deemed approval.”

No appeals were filed within 30 days of the ad’s appearance. Neither did the township hold a public hearing or render a written decision, according to Bove, who submitted an application for final approval of the planned residential development April 15.

In a letter dated April 23, the township solicitor informed Bove that North Strabane refused to accept the application because the supervisors already denied the request June 25, 2013.

Bove noted in the court filing neither the township “nor any citizen nor any entity” with standing objected to his legal advertisement, and he asked the court to also order North Strabane to pay damages and costs.

The court did not immediately set a hearing date.