Stowell Farm rezoning rejected

Borough denies petition that would allow development project to proceed

HOLLIDAYSBURG -- The Hollidaysburg Borough Council on Thursday night denied a petition to rezone the 68-acre Stowell Farm following nearly two hours of testimony from developers who wished to build on the property and from nearby residents who feared that would exacerbate existing flooding problems.

The council unanimously voted against the petition, 5-0, as council President Sean Burke and member Clay Gingrich abstained due to conflicts of interest.

The residents of Gaysport, the neighborhood in which Stowell Farm is located, have spent years attending council meetings to voice their concerns and frustrations with flooding issues that go back at least three decades. The council chamber was standing room only, as community members poured in to oppose development of the land until the flooding problems have been remedied.

BC Holdings LLC, the company that owns the land, petitioned the borough to rezone the plot of land from Traditional Neighborhood Development (TND) to General Residential (R2). The rezoning would have allowed developer Jeff Long, who owns Jeff S. Long Construction, to purchase about 31 acres of that land to build 75 single-story rental cottages and a retention pond.

John Sepp of PennTerra Engineering, who attended the meeting with the petitioner, argued for the rezoning, saying that the land's current zoning of TND required a minimum density "that would result in over 150 units."

"If you include the rest of the land ... you'd be looking at about 200 units as a minimum," Sepp said. "What we are requesting is a down zone of parcels, to a less dense project."

With an R2 zoning, Sepp said that the density would be half of what is currently required. He also said that they understood "there are challenges to this track" regarding sewer and stormwater issues.

"We do not have studies done," Sepp said. "None of that is done at this time. That would have to follow the rezone, and that would be the case whether it's developed under an R2 development or a TND."

When questioned by council member William Kitt on how the sewer and stormwater issues would be resolved, Sepp couldn't provide firm answers.

Blair County Planning Commission Community Planner MacKenzie Caron opposed the rezoning, saying that R2 would "allow for less developmental restriction" while TND "allows for a more thoughtful planning process."

She said that R2 requires sewage and stormwater planning "for any kind of development" on the land, but TND requires "all of that planning comprehensively be done up front before any development even breaks ground."

"That is something that was considered when changing the designation to a TND and ... when we know better, we do better," Caron said. "Given what we know now about the sewage conditions and the stormwater conditions for the site, it's irresponsible land use to recommend any kind of development on the site."

The petitioner's solicitor Dan Stants also testified, saying that the public hearing was only for the issue of rezoning and not land development. He then argued that denying the petition for rezoning would amount to the borough spot zoning the Stowell Farm as the area surrounding it is all zoned as R2.

"Exclusionary spot zoning is when you take it, the property, and it's limited to a use that it cannot be used for and it denies the property owner the ability to do anything with that property," Stants said. "That is an issue that has been dealt with by the Pennsylvania Supreme Court."

Long told the council that even if the petition to rezone to a lower density would be denied, that wouldn't stop someone else from building on the land.

"A developer could take this piece of ground right now and build 249 units from that piece of rock," Long said. "So if you think not giving us the zoning change is going to stop that piece of land from being developed, you're mistaken."

Council Vice President Brady Leahey cut in to say that if the land could be developed, it could make money.

"So, it is worth something then," Leahey said. "That just contradicts what he just said about spot zoning. Obviously it's not that if he's saying it can be developed."

Richard Latker was the first member of the public to speak, arguing that the petitioner was not only asking for a rezone, but also to toss aside the borough's comprehensive plan while subtly threatening to sue for spot zoning.

"Leaving the details to later, this artificial distinction that they are making, like 'oh, we can worry about problems with sewage and all the land development issues that has nothing to do with rezoning' as if it's legally separable, that you're not permitted to consider it now: that's also deception," Latker said. "You have the right to consider whatever you want to consider to defend the interest of this community."

Gaysport resident Elda Boose told the council that she and her neighbors couldn't afford for the Stowell Farm to have less stringent development standards. She said that more frequent severe storms from climate change have increased flooding, with the water filling their basements.

While the fire department is helpful in pumping out the stormwater, Boose said "residents are left with the unsavory task of cleaning up human feces" from their homes.

"Seventy-five homes at a higher elevation will force more sanitary sewer wastewater into our basements," Boose said. "(A former borough employee) tried to console us by saying, 'Don't worry, it would only be a little bit more sewage.' There is no simple fix as the entire system surcharges during severe storm events."

Following the closing of the public hearing, the council made no deliberations. Rather, Leahey made a statement, saying that the petitioner's lawyer and engineer were unsure of too many aspects of their project and that "we need to find out if this is going to work as a council before we could ever move forward." He also said that while the council has a responsibility to increase tax revenue and "this is the best property left in the borough to do so," he couldn't support the petition.

"Being part of this council for the last year and knowing the work we have put into trying to help these Gaysport people to finally get some relief and some answers, I cannot support changing this from TND to R2," Leahey said.

Long, Sepp, Stants and the petitioner left the meeting without comment following the vote denying the rezoning.

Mirror Staff Writer Rachel Foor is at 814-946-7458.