Bridgeville’s Attempt To Halt Bedner’s Entrance Hits a Roadblock
Lawyers from Upper St. Clair and the developer have multiple legal questions about Bridgeville closing a section of Main Street to the Bedner's Farm residential plan.
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Bridgeville’s attempt to halt the Bedner’s Farm residential development’s Main Street entrance has hit a roadblock
The borough is temporarily backing off its plans to block the residential development in Upper St. Clair from connecting to Main Street after some have questioned its legality.
The borough council was expected to vote Monday night on a plan that would essentially close a small section of grass that would become one of three entrances to the new development.
But lawyers from the developer and Upper St. Clair’s attorney attended the meeting after notifying the borough they had multiple legal questions. They didn’t have to say anything at the meeting, however, because Bridgeville officials pulled the decision from the agenda before the vote after discussing it for 15 minutes in a private executive session.
“It’s not a simple solution,” Bridgeville attorney Richard Ferris said at the end of the meeting. “We want to be prudent with whatever we do as we move forward.”
The borough council voted on April 9 to move forward with a petition by Neil Lyons, a neighbor who lives next to the small patch of grass near a farm gate, to remove that area from the street map. Bridgeville officials insist that option is still on the table, but borough Manager Lori Collins said they first want to “make sure it’s done right” to protect the residents.
“We want to make sure we know what we can and cannot do,” Lori Collins said. “This is a situation we don’t have to deal with as often as some larger municipalities.”
She added that the borough is moving forward with its traffic study in the area and is now reviewing questionnaires from residents who would be impacted by the proposed Main Street entrance.
"Prior to the Monday evening meeting, Upper St. Clair advised Bridgeville Borough that it will take appropriate steps to protect its interests in this matter," stated Matthew Serakowski, Upper St. Clair Township manager, in an email to Patch.
Upper St. Clair commissioners in April approved a plan by Heartland Homes and J.T. Thomas Homes to build houses on 136 lots in the 120-acre area.
PBK
2:30 pm on Wednesday, May 16, 2012
Just out of curiousity...looking at the photo provided. The road to the farm is already cut, curbed, and paved. Isn't it obvious that the future intent of this road was to connect to future roads in the area? Secondly, since the road is already "stubbed" towards the farm and there is a gate in the fence to the farm isn't this already an established entrance from the road to the property. I have no dog in this fight, just pointing that out.
Mike Jones
3:44 pm on Wednesday, May 16, 2012
The photo is somewhat deceiving because there's actually a 11-foot long section of grass (and a tree) between the road and the gate. Bridgeville owns that entire swath of grass up to the gate (where it becomes Bedner's and USC) so it's their contention they have the right to remove that patch from the streets list and block the development from connecting to Main Street.
PBK
12:09 am on Thursday, May 17, 2012
Interesting Mike, I don't think they would be able to do that. Since there is a road stub and a gate to the farm I would believe an easement in use would apply to the property. Not sure though, I'm not an attorney and like I said I have no dog in this fight. Personally, I live on McMurray Rd and have enough of my own traffic noise and people speeding.
Mike Jones
12:41 am on Thursday, May 17, 2012
I'm not sure another town or business could take that easement without annexing it or getting approval from Bridgeville... even if it is just 11 feet. But that's why Bridgeville pulled back and is now doing some hardcore legal investigating on the borough code.
The towns are butting heads, so it'll certainly be interesting to watch. But I know the people in Bridgeville feel very strong about this. We'll keep you posted on whatever happens. Thanks for reading.