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Zoning Hearing Board
February 19, 2013
The regular meeting of the Borough of Plum Zoning Hearing Board was called to order
by Vice-Chairman, Steve Harrity on Tuesday, February 19, 2013 at 7:00 pm in the
Municipal Building located at 4575 New Texas Road, Pittsburgh, PA 15239. Mr. Harrity
led the Pledge of Allegiance and asked for a roll call.
PRESENT:
Steve Harrity, Michelle Chapkis, Alan Vento
Also Present:
Jason Straley, Assistant Planning Director, Warner Mariani, ZHB
Solicitor, Aaron Wawrzyniak of Wawrzyniak Reporting and
Videotape Service, Linda Stremple, Recording Secretary
Absent:
Ruth Grant, Sonny Tresco
Reorganiztion
Mr. Mariani, acting as Chairman asked if there was a motion for the reorganization of
the board. Mr. Vento made a motion to table the reorganization of the board; seconded
by Ms. Chapkis; reorganization was tabled.
Minutes
Mr. Harrity resumed as acting Chairman and entertained a motion to approve the
minutes of the November 19, 2012 meeting. Mr. Vento made the motion to approve the
minutes; seconded by Ms. Chapkis; motion approved.
New Business – Applications
ZHB-201301 – A request from the Imamia Organization of Pittsburgh, for a use variance
request to build/operate a green cemetery at property located at 1949 New Texas Rd.
The request does not comply with Ordinance #731-04. The property is zoned “B-3”
Office Commercial.
Mr. Harrity asked for a representative for the applicant. Dr. Hashim Raza of 105 Bella
Vista Court, Murrysville, PA 15668 was sworn in by Mr. Aaron Wawrzyniak. Dr. Raza
explained he was there as a member of the board of trustees for the Imamia
Organization of Pittsburgh, a non-profit organization and for six (6) of seven (7) years
they have been looking for a piece of land to establish a cemetery. The parcel of land in
Plum is somewhat conforming to their needs and a sales agreement was made. Dr.
Raza distributed a hand out explaining Green Burial and explained that green burial has
nothing that is not bio-decomposable or biodegradable. Dr. Raza also explained the
burial process.
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Mr. Mariaini explained that a use variance was requested because the zoning ordinance
in Plum does not permit a cemetery in a “B-3” Office Commercial Zoning District. A
cemetery is permitted in all residential zoning districts, an “R-B” Transitional and “S”
Conservation zoning district. When an applicant asks for a zoning variance, the
applicant has the burden of proof, which is, the property, as it is currently zoned, cannot
be used for any purpose. The true issue is whether or not this property needs to be rezoned. The board is very limited as to the authority to re-zone pieces of property and
does not write the laws, but only interprets them. The law says in order to allow rezoning we must have proof that you, a potential owner of the property cannot use this
property for any other use for which it is zoned.
Dr. Raza replied that because of the hills, the general landscape and creek which runs
through the property, he cannot see how a shopping mall or any big building could be
built. Dr. Raza also noted that about five (5) or six (6) years ago a pond was drained.
Dr. Raza stated that the topography and landscape is not a perfect match for
commercial property and personally, his argument would be the green cemetery is the
best scenario for this land which is in an excluded area, with hills surrounding and
approximately one-hundred (100) foot frontage, and they are willing to put the capital
into developing this useful purpose. Dr. Raza also mentioned the seller has spent close
to $100,000.00 to clean up the tires, batteries, etc. on this property.
Mr. Mariani asked Dr. Raza if his testimony is based on his opinion that the best use of
this property is that it be used as a cemetery. Dr. Raza replied yes and that a creek
divides this land in half.
Mr. Harrity asked if there was anyone else to speak on the applicant’s behalf. Dr. Raza
then repeated several points one of his supporters brought up: the land has no sewage
access - An access of six-hundred (600) feet would have to go through three (3)
commercial properties and a green cemetery would need no sewer lines; the frontage is
only approximately sixty (60) to one-hundred (100) feet.
Mr. Harrity asked if there was anyone who opposed this request.
Daniel Nichols, 2123 New Texas Road, Pittsburgh, PA 15239 was sworn in and stated,
as a resident of New Texas Road for forty-five (45) years, he would like to see this
commercial district remain, as Route 286 is seen as the gateway to Plum’s commercial
district. Mr. Nichols agreed the property is rugged land and the DEP did come in and
drain the lake, which was deemed as an illegal lake. Mr. Nichols would like to see this
remain commercial property to help keep personal taxes down.
Mr. Harrity asked for questions from the board.
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Ms. Chapkis stated that the agreement of sales indicates public water is available to the
site, and asked if other utilities are also available. Dr. Raza responded that water and
electric are available, however sewer is not. Ms. Chapkis asked if the green cemetery
proposed for Penn Hills ever went into operation and the acreage involved. Dr. Raza
replied yes and thirty (30) plus acres. Dr. Raza also added that only about twenty (20)
acres of the forty-four (44) acre land on New Texas Road would be utilized because of
the topography. Ms. Chapkis read the following segment from the Explain Details of
Appeal section of the application: “Organization requests to build a (most likely) green
cemetery for the community at large living in Pittsburgh area” and asked if there was
some other proposed use planned. Dr. Raza explained at the time he wrote the
application he was not educated in what goes into the cemetery. Ms. Chapkis also had
the following questions: if the organization, as owner, considered looking to another
entity for a conservation easement to protect it as a green and open space: if the whole
of the forty-four (44) acres would be dedicated to the cemetery; does the property stay
in the ownership of the organization or would the family hold deeds. Dr. Raza had the
following replies: has not thought about another entity for a conservation easement at
this point; all acreage would be dedicated to the cemetery, but there may be a small
access road; may build a small structure for prayer or storage area, and cannot say it
would be 100 % graves; has not gotten into the legalities of deeds.
Mr. Vento asked if there were any plot plans, artist concept, architect’s design to
present to the board. Dr. Raza at this point does not have any plans, but a survey
would be done showing the different five (5) acre phases.
Ms. Chapkis had the following questions: where the access to the property would be
located; if the property would be accessed from Falls Village Road. Dr. Raza estimated
that coming from Golden Mile Highway the access would not be more than 60 feet from
where the road bends; the land is too steep at the Falls Village end and would not think
access would be possible.
Mr. Harrity asked what preventative measures would be taken to stop any water from
washing away any property in a bad storm. Dr. Raza thought that the surveyor who
would prepare the design would address water runoff issues.
Mr. Vento asked for a motion to recess to an executive session; seconded by Ms.
Chapkis; at 7:36 pm.
Mr. Harrity reconvened the meeting at 7:55 pm.
Mr. Vento made a motion to deny the variance request; seconded by Ms. Chapkis;
request denied.
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Mr. Mariani informed the Dr. Raza that the application had been denied and anyone
concerned had thirty (30) days from the date of the decision to appeal with the Court of
Common Pleas. A copy of the decision would be sent out and a final decision from Mr.
Mariaini would be sent stating why the variance request was denied. The main reason
is failing to meet the burden of proof that this property could not be used for the purpose
it was zoned.
There was no old business.
Mrs. Chapkis made a motion to adjourn; seconded by Mr. Vento; meeting was
adjourned at 7:57 pm.
Respectfully submitted,
_______________________________
Linda A. Stremple, Recording Secretary
Zoning Hearing Board