NORTH FAYETTE TOWNSHIP PUBLIC HEARING MARCH 27, :45 P.M.

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1 NORTH FAYETTE TOWNSHIP PUBLIC HEARING MARCH 27, :45 P.M. A public hearing was held on with Board of Supervisors Chairman Jim Morosetti presiding for the purpose of taking public comment on: APPLICATION CU FILED BY BLACK DOG WINE COMPANY FOR A CONDITIONAL USE FOR A PLACE OF ASSEMBLY AT 7425 STEUBENVILLE PIKE IN A B-2 GENERAL BUSINESS ZONING DISTRICT (ALLEGHENY COUNTY LOT AND BLOCK NUMBER 496-A-45). Following the Pledge of Allegiance, roll was called with the following present: Chairman Jim Morosetti, Vice-Chairman J.R. Mangan, Treasurer Robert Doddato, Township Manager Robert Grimm, Chief of Police Mark O Donnell, Solicitor Vincent Tucceri, and Township Secretary Cheryl Glowark. OTHERS PRESENT: Raymond Yerkey, Jr. Director of Support Operations; Patrick Felton Public Works Director; David Lodovico Director of Fiscal and Administrative Services; Laura Ludwig Community Development Director; Recreation Director Darlene Hildebrand; Shaun Leslie Parks Superintendent; Bob Derosky Environmental Services Superintendent; Fire Chief Gary Hamilton, Michele Cromer, Mark Rozum, Jeff Scott, Amanda White, Joyce and Ed Bashioum, John and Jan Kreutzman, Gary White, Chip McCarthy, and Leah Attanucci Court Reporter. Mr. Rozum, Ms. Ludwig, Mr. Scott, Mr. Kreutzman, and Mr. Bashioum were sworn in by the Court Reporter. COMMENTS FROM THE FLOOR Mr. Rozum explained he is the owner and wine maker of Black Dog Wine Company and has applied for a Conditional Use to use the building located at 7425 Steubenville Pike for public events. The property is approximately 5 acres with a beautiful setting. His intent is to have live music, weekend food trucks, small weddings, bridal and baby showers, retirement and birthday parties, etc. Ms. Ludwig reported the Planning Commission has reviewed the application twice and recommended approval with certain conditions at its meeting on March 20, Ms. Ludwig presented a Site Plan with proposed improvements of additional parking in the front of the parcel and stated there are requirements for

2 Page 2 storm water, lighting and landscaping reviews associated with that which rises to the level of a minor Land Development Application which has been submitted and will be reviewed at the April 17, 2018 Planning Commission Meeting. For intents and purposes of this application as a Conditional Use for a Place of Assembly, they have a complete application, and submitted a letter from Trans Associates on traffic counts. The PM traffic count would total 20 trips which is below the 100 threshold for needing a full traffic study. Mark Rozum has building permits, for completing accessibility improvements to the property, the structure was previously renovated by Jeff and Cathy Scott. It is beautiful and this potentially is a good use for the property, it keeps the home intact and keeps the historical significance. Obviously, Mark is local and we want to try to support local business. The retail store part of this includes wine sales with a tasting room which is a permitted use. Mr. Rozum has all approvals from the PA LCB. Mr. Mangan asked that beside the Land Development Application, were there any other conditions that the Planning Commission put on them. Ms. Ludwig replied no. Mr. Morosetti asked if the PA LCB approval was only for wine or for beer and liquor also. Mr. Rozum replied that his permit allows him to produce and sell his own wine and allows him to sell any PA made beer or liquor for on-site consumption only. Mr. Mangan asked Mr. Scott how old is the house. Mr. Scott replied the house was built a little before It used to be out on Steubenville Pike and was moved to its current setting. The basement is actually newer than the original house. It was the original Hankey Estate. Mr. Tucceri asked Ms. Ludwig if there were occupancy restrictions with time constrictions as to when they can operate. Ms. Ludwig replied the Place of Assembly conditional use criteria, that is outlined in the Zoning Ordinance, includes: minimum lot area should be an acre, primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts when surrounding a neighborhood, traffic study shall be required if it generates more than 100 trips, number of points ingress/egress shall be based upon producted peak-hour traffic, hours of operation and events shall be scheduled to minimize negative impacts around the surrounding

3 Page 3 neighborhood. We have some flexibility to limit the hours of operation as part of this. Mr. Rozum explained they do not have plans to run this as a bar, will not be open until 1 a.m. or 2 a.m. The latest he plans on being open is on Fridays and Saturdays till 9 p.m. or 10 p.m. and would probably vary seasonally as it stays light later in Summer, and would use the existing driveway to minimize the impact on the roads. Mr. Tucceri explained he is not trying to create an issue where none exists, but assumed that the audience may have questions about those kinds of things and finds it a bit unusual that in this kind of a circumstance there has not been discussion about hours of operation, if the business ever is sold and there are no restrictions, the new buyer could close at 2:00 a.m. if they wanted unless we place those restrictions beforehand. His understanding is they want to have weddings and those usually run later than 10 p.m. and is surprised that the Planning Commission did not take into consideration the hours of operation unless they believed that is so remote that it wouldn t have an impact on anyone surrounding them. Mr. Doddato stated we can set the hours. The only concern that he sees is outside if there is a wedding because it is in close proximity to some homes. The noise ordinance is 11 p.m. but could discuss to limit further. Mr. Doddato asked how many food trucks would he plan to have at once. Mr. Rozum replied there only room for one food truck at a time in addition the LCB Licensing has restrictions dealing with outside vendors. Mr. Morosetti asked Ms. Ludwig if the Conditional Use for Place of Assembly would put a number on the patrons visiting. Ms. Ludwig responded the number is determined by the Building Code Occupant Load. There will be a maximum capacity limit set when he gets his Certificate of Occupancy for the Building, but we don t know what that number is at this time. Mr. Tucceri asked about the exterior use of the property. Ms. Ludwig responded she is not sure how to determine an occupant load for outside tenting uses but she will look into it.

4 Page 4 Mr. Tucceri explained based some consideration should be given to some specific conditional factors that work for Black Dog but are identified as conditions for approval so there is no confusion later and if it is ever sold. Mr. Kreutzman lives on Steubenville Pike adjacent to the property and asked where the parking and lighting will be added. Ms. Ludwig gave Mr. Kreutzman a copy of the site plan. Mr. Rozum explained the parking will be added in the front and no lighting will be added towards Mr. Kreutzman s residence. Mr. Kreutzman asked about wine production. Mr. Rozum stated nothing will be added or changed towards his property. Mr. Kreutzman stated there is increasing traffic load that comes along Steubenville Pike and this can be a very difficult area to see especially when cresting the hill. He is curious how parking will be anticipated for a wedding. Mr. Rozum explained weddings will be small and he will have someone directing traffic. Mr. Mangan asked Mr. Rozum if people would be shuttled in for an event. Mr. Rozum said they would park in the grass, assuming it wasn t wet. Mr. Morosetti asked how would they handle it if it was too wet. Mr. Rozum said they would have to look into shuttling. Mr. Morosetti asked if they have been in touch with the state on permits. Ms. Ludwig replied he will need to widen the driveway so he will need a HOP. Mr. Rozum stated he has not been in touch with the state yet. Mr. Tucceri suggested that Mr. Rozum meet with Ms. Ludwig within the next few weeks to give her an indication of things that work for him, then the Township can frame appropriate conditions that the Board can put in place for him and any future owner.

5 Page 5 Mr. Grimm asked if the hearing must be continued to discuss those conditions in a hearing setting. Mr. Tucceri replied the conditions don t have to be discussed in a public debate but when you take action with regard to the conditions. Mr. Rozum said he is in favor of getting those things in writing and he wants to be a good neighbor. Ms. Ludwig summarized the conditions of going through the Land Development approval process for parking, determining and limiting the hours of operation, and having a Plan B for overflow parking. Mr. Tucceri stated the number of parking spaces are attributed to the facility itself, but if the grounds are used it creates traffic issues and a whole variety of other issues. Mr. Bashioum is concerned about the lighting from outside events. Mr. Rozum replied anything outdoors is going to be limited to the summer time. The only lighting that is permanently changing is the parking lot area. Mr. Tucceri stated those are some of the conditions that will be added. Mr. Bashioum agreed that if it is added prior to approval, it will eliminate later troubles. If events are going to be held there, there should be parking for those events. Mr. Rozum stated additional parking will be added in the future, if needed. Mr. Tucceri stated that it can be done in phases with growth as needed, but if it is laid out prior to everyone will be happy. Mr. Doddato asked the residents if restricting the hours to 10 p.m. is acceptable prior to the Township Ordinance of 11 p.m. Mr. Kreutzman stated 10 p.m. would be great. Mr. Morosetti is concerned that people will park on Steubenville Pike and could be an issue.

6 Page 6 Mr. Doddato asked if Mr. Rozum had any events booked. Mr. Rozum said no. Mr. Tucceri stated most weddings will want to go to 11 p.m. Those conditions must be reviewed to do what s best for everyone but doesn t take it to 2 a.m. Mr. Morosetti asked Mr. Tucceri if the hearing should be continued. Mr. Tucceri suggested to continue the hearing on April 10 th to give time to frame the conditions to be discussed. There were no other comments from the floor. ADJOURN A MOTION WAS MADE BY MANGAN, SECONDED BY DODDATO, AND CARRIED TO CONTINUE THE HEARING ON APRIL 10, 2018 AT 7:12 P.M. Respectfully submitted, Cheryl Glowark Township Secretary