Appeal of Freedom Road Business District Postponed

A hearing on Monday for 14 homeowners who are appealing a special business district on Freedom Road has been postponed to next month.

In the meantime, Cranberry's zoning hearing board chairman Andrew Diamond gave this advice to the group: “Get your act together.”

Diamond’s words came after 12 of the 14 homeowners who attended Monday’s hearing requested that the hearing be continued to a later date. Two of the homeowners did not attend the hearing. Dan Page, who is one of the said one homeowner was on vacation. The other homeowner is elderly and unable to leave the house, he said.

The homeowners who attended Monday’s hearing said they weren’t prepared to testify individually before the board because they wanted more time to hire an attorney to represent them.

At the group’s request, the board agreed to consolidate the 14 separate filings into one appeal. Diamond said the board must receive the group's request to consolidate the filing in writing before Sept. 14. The hearing will resume at 7:30 p.m. Sept. 19. 

In their appeal filed July 21, the 14 homeowners, who live on or near Freedom Road, say their property no longer is suitable to live on due to traffic and commercial development in the busy corridor over the years.

They dispute the original residential zoning of their properties, which permits single-family homes only, not businesses, saying that the zoning is no longer valid under present-day conditions. 

The homeowners also challenge the validity of a district established in their neighborhood, saying that it is too restrictive to development of their property.

The Traditional Neighborhood Development designation permits a range of uses for properties within that district, including a mix of homes, apartments and businesses. Cranberry Township manager Jerry Andree has said big-box type stores and chain restaurants such as are not permitted in a TND district.

Buildings with retail space on the first floor and residences above it are permitted, as are townhouses, small retail stores, banks, professional office space and more. Cranberry’s board of supervisors approved the TND for the township in October.

At Monday’s meeting, zoning hearing board member Glenn Geisel expressed frustration that the homeowners were not prepared to testify.

Geisel said the homeowners should have been aware when they filed the appeal that they were expected to testify at the hearing.

“How could you fill out an appeal and not know what you were filling out?” he asked.

Each homeowner filed an identical appeal with the zoning hearing board. Frank Schmidt, who was at Monday’s hearing on behalf of his mother, LPorte Drive resident Hildegard Dobler, said the homeowners might hire the same attorney to represent them.

"We have been in this as a group from the beginning," he said. "We might look at the same legal council to represent all of us."