Cambria Township officials have nixed a plan to combine unsold lots and eliminate a road in a subdivision, saying it would be unfair to those who already live there.

Backing up the township’s planning commission, which rejected the plan earlier this month, supervisors agreed last week that the Glen Heather Es-tates road cannot be eliminated.

In what both sides agree is potentially a precedent-setting zoning issue, the proposal at hand does not involve carving up a large tract – as is usually the case – but instead combining an already subdivided parcel.

The road turned out to be the central issue.

“Whoever lives there now has a vested right to use those roads,” said township Solicitor Dennis Govachini. “The courts have ruled that you cannot re-subdivide a parcel so as to affect the rights of individuals.”

At issue was the future of Glen Heather Estates, a planned residential subdivision on Tanner Street Extension developed in 1973 by Ebensburg businessman Duane Mohney. The land originally was an 80-acre tract in what was then a rural area. A dozen lots were sold, but 38 remain.

Scott Archangelo filed an application to combine 33 of the lots, call it Aspen Estates, eliminate a road and build one house.

Neighbors complained that a road cannot be so easily eliminated, and they argued that they bought their one-acre lots because of restrictive covenants in the subdivision plan.

They said they feared that if the planned subdivision were wiped off the books, land use could change drastically: Possibly a trailer park or tiny lots might be substituted. That would be unfair to those who bought one-acre lots, they said.

The planning commission also pointed out that Archangelo’s application lacked a sewage approval. Supervisors also noted that omission in their reasons for rejection.



Susan Evans can be reached at 471-6778 or sevans@tribdem.com.

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