No change for now
CECIL – Cecil Township supervisors heard only from those objecting to a proposed change of land-use category to allow Southpointe Golf Club to develop a parcel on the course into a day care and learning center.
Attorney Maureen Sweeney, with Blumling & Gusky, who represents Southpointe Medical Associates, made only procedural arguments in a bid to delay and continue the Monday conditional-use hearing to September.
“We have requested a continuance of this hearing … so we can more fully respond to the township’s engineering comment letters. We are entitled to have our presentation within 100 days of the first hearing,” Sweeney said, “I’ve never had in 23 years a township deny a request for extension. We are not ready to present, and we are asking for an extension of time.”
The board was advised by its solicitor, Chris Voltz, that Robert Blumling and company specifically requested Aug. 1 as the hearing date, according to emails documenting coordination with the attorneys and the board. The firm first applied for the change-of-use modifications May 5, according to Voltz, who said he proposed a 90-day extension. Blumling, according to the email chain, said the firm’s attorneys would prefer a 45-day extension. Voltz said Blumling advised the board July 6 that the firm would be prepared to present its case Aug. 1. After the board decided the hearing would continue and ultimately be closed to testimony at the end, the applicants effectively ceded their time to neighboring property owners and their attorneys.
“I’ve only been practicing for 53 years, and I don’t think (the board is) acting in bad faith when you tell someone they have to proceed, especially when they requested the date,” said attorney Samuel Kamin, who represents the Southpointe Property Owners Association.
The applicants are seeking a land-use category change from residential to commercial to allow development of the proposed Hope Learning Center near the sixth hole on the golf course. Kamin said “the application has to be consistent with the character of the existing development and with the original master plan; and that the development would not have a significant negative effect on the value of properties there.”
The board has to issue a decision within 45 days.
Attorney Phil Binotto of 362 Ironwood Drive represents three homeowners’ associations. He said the conditional-use hearing for a land-use category change was the wrong forum to hear the applicant’s appeal.
“I do not believe, legally, that conditional use is the proper procedure before you. As (Supervisor Tom Casciola) stated, the applicant is looking to change use from residential to commercial … They’re trying to get a rezoning, and they should follow those procedures. They know the standards are less. All three homeowners’ associations object to this,” Binotto said.
The solicitor for Washington County Redevelopment Authority, Colin Fitch, presented to the board that the authority isn’t acting at this time, but is prepared to use its veto power to stop land use changes for effective redevelopment of the two-acre plot. The redevelopment authority spearheaded development of Southpointe, which began 1989.
That veto power, however, has been challenged in Washington County Court with the golf club arguing the authority’s veto power over the 1988 deed expired in 2010. The May 31 filing challenged the unified development ordinance amended May 2 to allow only “upward” development, which prohibits rezoning or land use category changes to a lesser category – such as recreational to commercial – in Southpointe.
“The original site plan – live, work and play – the golf club was the focal point and everything was geared around this. That’s the reason the redevelopment authority feels strongly about using veto power,” Fitch said. “You don’t build a championship golf course and try to scrap away at it; understanding this was an ongoing project that plays into the character of this development.”
Ron Smith, who said he’s owned a business at 1 Champion Way since 1997, researched potential changes before moving to Southpointe. “It’s one of the nicest parks in the United States,” he said.
“If in a year the Hope Learning Center goes out of business, it’s zoned commercial and they can use it for whatever they want. It’s opening up for a big bait and switch,” Smith said.
Another resident, Maragaret Fisher, of 210 Fairway Landings Drive, said she was opposed to the aesthetic change the Hope Learning Center would bring. “Ms. Sweeney and her firm are trying an end run around. Let’s get down to the nitty gritty,” Fisher said, adding she was opposed to a 45,000-square-foot building that would be out of character for that area.
The board did not take any action.
In other business, the board approved by a vote of 3-2 a conditional use application for Crown Castle Communications to build a cellphone tower at 455 Hahn Road. Supervisors Cindy Fisher and Elizabeth Cowden voted no. The proposal is being challenged by Colin Otis, who lives next to the proposed site.
Otis said at a July 11 hearing he is a researcher of high-frequency radio communication as it relates to autonomous self-driving technology in cars and drones and that the cell tower could interfere with his work. His attorney, Harlan Stone, said when reached by phone Tuesday that he would be filing an appeal in Common Pleas Court within 30 days.
The board also approved a donation from The Reserve at Southpointe for a 9.5-acre parcel next to Klinger Park which will become part of the park. Supervisor Cindy Fisher said she and former supervisor Andy Schrader have been working as part of the Montour Trail Connector Committee to acquire the parcel. She said the committee needs to raise $350,000 to connect the Montour Trail through that section. The addition will bring the total space in Klinger Park to about 36 acres, according to Schrader.