Upper Burrell supervisors on Thursday rejected a request to rezone part of the former Oak Lake Golf Course for industrial use.
In a 2-1 vote, the supervisors turned down the request by Gary Schoepke, owner of the property at 1151 Oak Lake Road, which is zoned for residential/agricultural use.
He requested that 20.8 acres of the 120-acre property be rezoned.
Schoepke uses the site for his construction business, storing trucks and heavy equipment there in violation of the existing ordinance.
He was cited in September. After three postponements, a hearing on the code violation is scheduled for July 31 before District Judge Cheryl Peck Yakopec.
The township’s planning commission and zoning hearing board had recommended that Schoepke’s request be rejected.
The supervisors’ decision came at the conclusion of a public hearing attended by about 30 residents, most apparently opposed to Schoepke’s request.
“Just so you are clear, the planning commission and the zoning hearing board are recommending bodies only,” Solicitor John Pallone told the residents.
He said the final decision on the request rested solely with the supervisors.
Crystal Beam of Whitten Hollow Road reminded the supervisors that Schoepke did not go through the process of getting township approvals before using the property for his business. She suggested that letting such behavior stand would be a mistake.
“If certain things are approved after the fact, that sets a precedent that will allow other people to come in and do the same,” Beam said.
Dan Myers of Barnview Drive, a member of the zoning hearing board, said, while he does not live near the Oak Lake property, he is “absolutely opposed” to Schoepke’s request.
Referring to the decisions by the planning commission and zoning hearing board, Myers said, “All of those guys — whom you appointed — said no.”
He said the township supervisors must put aside any personal feelings in making their decision.
”What you have to do is rule on the facts,” Myers said.
In making the request, Schoepke made the claim that changing the zoning would add nearly 21 acres to the township’s industrial land stock. His rezoning application noted that would advance the county’s stated goals for economic advancement.
“We don’t need another tract of industrial property in Upper Burrell,” Myers said, pointing out that Alcoa has 900 acres of it for sale.
The area Schoepke wants to rezone, and where his business activities are, is along Oak Lake Road, below the old course’s clubhouse. It appears to be centered in two parking lots from the former course and an area across the road where the back nine holes of the course started and ended.
Neighbor Gloria Butler is not happy with the situation because of the truck traffic and noise.
“This has been forced on me,” Butler said. “Don’t I have any rights?”
She continued: “Oak Lake Road is not built for this kind of traffic.”
That point was underscored by Eric Port, another neighbor who asked Schoepke about the capacity of his dump trucks, which Schoepke said is 40 tons.
“I’ve seen a sign on Oak Lake Road that says the capacity is 10 tons, so he is in violation,” Port said.
Schoepke, who has owned the property for three years, acknowledged he should have done things differently when he bought the property and moved his business onto it. He said he is trying to make amends.
“I am trying to be a nice neighbor,” Schoepke told the supervisors. “I am trying to make it better where it’s at.”
He said he intends to plant trees along the property to act as a buffer and acknowledged he should have a bond for any damage done to the road. Schoepke said he also regularly mows about 60 acres of the property instead of letting it grow wild.
Schoepke said he has built a home on the property where he lives and intends to construct a building for the business, which will bring in more tax dollars.
He said changing the zoning on the property is just an extension for a section of it that already is zoned industrial up on the hill along White Cloud Road.
A denial of his request would force him to move his operation there, he said.
Scott Brouwer, an Oak Lake Road resident who supported Schoepke’s request, said moving to that portion of the property would create another problem.
“If he puts it up on top of the hill, all you’re going to be hearing is jake brakes from the trucks coming down,” Brouwer said.
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Supervisors Chairman Ross Walker asked Schoepke if he would consider trying to get an easement from Alcoa officials to send his trucks through its property to avoid that problem.
Schoepke said he could try but was not hopeful the company would agree.
“Why should I have to get an easement that will probably cost me a fortune?” he said.
“You are in violation of our ordinance,” Walker said. ‘There are a lot of people here who don’t want you to get this, and you probably won’t tonight.”
Referring to the planning commission and zoning board decisions, Walker said, “Both committees have said they do not recommend the change, and that weighs very heavily on this board.”
Walker and Supervisor Kenneth Slahtovsky voted to deny the request.
Supervisor Michael Conley, whose family previously owned the golf course, voted in favor of it.
“I want to say I’m sorry about that, and I hope you will continue to be a good neighbor,” Walker told Schoepke.
Schoepke said he intends to appeal the decision to Westmoreland County Court.