Hazle super: No interest in sharing costs on survey

April 05--With maps indicating that a proposed indoor shooting range is in Hazle Township, a township supervisor said he has no interest in pursuing a proposal from officials in neighboring West Hazleton to share costs of surveying the property.

For a second consecutive month, Dan Basala approached West Hazleton Borough Council with concerns over delays he's encountered since submitting maps to the borough zoning officer that he says clearly show his proposed indoor shooting range at 300 Lehigh Valley Drive is in the township.

In January, the Hazle Township Zoning Board granted a special exception sought by Basala to operate the indoor range and gun sales and repair business. A few days later, West Hazleton council wrote to Basala, telling him that 80 percent of the building is in the borough while only 20 percent is in the township.

Basala applied for a zoning permit in West Hazleton but the application was denied. He has appealed to the West Hazleton Zoning Board, which will rule on the case at 7 p.m. on April 15 at the borough community center.

Basala, however, told West Hazleton council earlier this week that maps he turned over to the zoning officer prove the Lehigh Valley Drive property is in Hazle Township -- and nullify the need for a second zoning hearing.

"I'm hoping to get it crushed before then," Basala said to council. "That's why I gave you those maps to give to the engineer. I want to move on with my project and the borough's holding me up for no reason."

Borough solicitor Chris Slusser said once Basala applied for a zoning application, all administrative responsibilities are removed of council.

Basala pressed council, asking why property owner Wayne Kreisl pays taxes to the township.

Slusser told him tax payment isn't the issue at dispute.

Council President Mark Yeager, who Basala accused of holding up the project, said borough officials were in fact of the impression that the property is in Hazle Township until Kreisl allegedly indicated part of the property was in the borough.

"We thought the property was entirely in Hazle Township until he came up here and said 'I know this part of the building is in West Hazleton but I don't want to deal with you,'" Yeager said. "That's what spurred --us to look into it. We have a right to act."

Kreisl said that maps from the 1800s clearly show the property is in Hazle Township.

At that point, Slusser summarized the issues facing Basala and borough council.

The borough zoning board will have to consider jurisdictional issues, he said.

"If the board determines they are in the township, the board doesn't have jurisdiction," Slusser said. "If the board determines that some portion of the property to be utilized for the project is in the borough then that portion of the project is in control of the borough zoning board. Then, you'll have to submit, Danny, as you are suggesting to the variance request."

During the interim, Slusser acknowledged the borough has asked the township if it wants to share costs of surveying the property.

Other views

Peter DeMarco asked borough council whether "drug free and gun free" school zones would impact the shooting range application.

Slusser told DeMarco that while he'd have to research the issue, state and federal law "cannot be usurped by any of the municipal entities."

"If there's a distance requirement and a problem with regard to that requirement, it's a state issue," Slusser said. "That's not our concern."

Meanwhile, borough resident Drew Hudson said he submitted maps that were produced by Sanborn, a firm that produces maps for insurance agencies.

The maps, Hudson said, "clearly" show the property is in Hazle Township. He turned the information over to parties on both sides of the issue.

Hudson, who lives near Broad and 15th streets, said he has no objections to the shooting range as long as the developer follows the plans he presented earlier this year.

Hazle Township

Supervisors' Chairman William Gallagher said he's not in favor of spending money on a survey when certified maps from the 1930s clearly show the property is in the township.

"If you have a certified map from 1939 with the West Hazleton stamp of approval on it, and it clearly shows the building is in the township -- and it's never been contested since 1939 -- what's the problem?" Gallagher said.

According to Gallagher, Basala purchased a map from Schumacher Engineering that shows the building and property are in Hazle Township. Maps at the Commons Building in Hazle Township also show the property being part of Hazle, he said.

Gallagher said he can't justify spending money on a survey when existing maps provide all the answers.

[email protected]

___

(c)2014 the Standard-Speaker (Hazleton, Pa.)

Visit the Standard-Speaker (Hazleton, Pa.) at standardspeaker.com

Distributed by MCT Information Services