Legacy Park developer files land-use appeal with court
The developer of a nearly 30-acre tract at Linden Road and Route 519 in North Strabane Township has asked Washington County Court to overturn a denial of its plans to build 175 town homes and multi-family units.
Legacy Park Land Partners LLC, owner of three contiguous tracts, first submitted an application to the township in September 2016 to construct the dwellings.
The first phase is to include 63 town homes in 21 triplex buildings, and the second phase calls for seven multi-family buildings with a total of 112 units, Legacy Park states in documents filed with the court Thursday.
Legacy Park would be connected to both Linden Road and Route 519, and its consultant, David E. Wooster and Associates Inc., conducted a traffic study that concluded “the plan will not substantially increase traffic in the neighborhood.”
Gateway Engineers reviewed the plans for the township, and Legacy Park maintains it made revisions to address concerns before the planning commission considered the proposal last month and voted 4-0 in favor of approving the first phase.
Both Legacy Park and the planning commission chairman noted the development has a highway occupancy permit from PennDOT.
Later in March, the matter came before the board of supervisors, which voted to deny both a final subdivision plan and site plan on the basis of traffic safety issues at Linden Road.
Legacy Park claims it has complied with all North Strabane ordinances and that the supervisors abused their discretion in turning down the project by erroneously substituting their own judgment.
“Anecdotally, Legacy Park has been told the township has adopted a policy” that requires a developer proposing an initial phase of 50 or more units to construct a second access point during the first phase, according to the appeal. “This policy was not adopted until after Legacy Park submitted its major subdivision approval for the plan in September 2016.”
Attorney Andrew Sweat of the law firm that represents the township said he was aware the land-use appeal had been filed, but that he had not had a chance to review it. The appeal will be discussed with the supervisors and township engineer.
No court date has been set.