The Herald, Sharon, Pa.

Local News

November 2, 2009

UPDATE: City’s OK of right-of-way deal sought

By Joe Pinchot

HERMITAGE — Three property owners are asking Hermitage officials to approve a subdivision to clear up a dispute concerning access to a landlocked parcel on Clarksville Road.

The Roman Catholic Diocese of Erie/Our Lady of Fatima Church, Farrell, owns an 8.6-acre, triangular parcel that is landlocked save for a right-of-way that reaches Clarksville. The vacant property was created in a 1959 Hickory Heights subdivision, with the intention of building a public street to Clarksville, but the street was never built, said Marcia A. Hirschmann, city director of planning and development.

Under applicable law, public rights-of-way that are never turned over to the city become the property of neighboring property owners after 21 years.

The diocese wants to sell its property, but has not given up its claim to the right-of-way, said Edward Winslow, engineer with Winslow Engineering, Hermitage. Winslow represents the diocese.

Meanwhile, the adjoining property owners, Kenneth C. and Laura L. Miller, 1005 Clarksville, and Marian H. Laird, 985 Clarksville Road, have claimed the property citing the 21-year rule, and have maintained it, he said.

The parties worked out an agreement that would allow the diocese to own the right-of-way property, while adding about nine-tenths of an acre of property to each of the rears of the Miller and Laird properties.

“We had a situation with three unhappy people,” Winslow said. “Now, we’ve resolved it.”

Aside from asking city officials to approve the subdivision, the parties also are seeking a waiver — similar to a zoning variance — to allow the right-of-way to be 44 feet wide instead of the required 50 feet wide.

Winslow noted there are drainage ditches on each side of the right-of-way that are 44 feet apart.

Mrs. Hirschmann said that, while the requirement is for 50-foot rights-of-way, there are many 33-foot-wide streets stemming from an earlier city requirement, and there likely would be enough room within 44 feet to build a suitable public street.

Hermitage Planning Commission Chairman Charles E. Rogers noted that it appears any street built along with the right away would curve into the land that would be added to the Miller property.

Winslow agreed, but asked that the plan as proposed be approved.

Mrs. Hirschmann said any development of the property beyond a single-family home would require the property owner to seek a new subdivision with plans for a roadway.

Winslow said he believes the property buyer intends to keep the right-of-way a single-family driveway.

The commission recommended approval of the subdivision and the waiver. City commissioners likely will consider them later in the month.

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