NORTH FAYETTE TOWNSHIP PUBLIC HEARING APRIL 10, :30 P.M.

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1 NORTH FAYETTE TOWNSHIP PUBLIC HEARING APRIL 10, :30 P.M. A public hearing was held on continued from March 27, 2018 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 (Not Present), 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; Laura Ludwig Community Development Director; Recreation Director Darlene Hildebrand; Shaun Leslie Parks Superintendent; Bob Derosky Environmental Services Superintendent; Michele Cromer, Mark Rozum, Jeff Scott, Ed and Joyce Bashioum, Marcia McElhaney, and Lynn Piernik Court Reporter. Mr. Rozum, Ms. Ludwig, Mr. Scott, and Mr. Bashioum were sworn in by the Court Reporter. COMMENTS FROM THE FLOOR Mr. Rozum, owner of Black Dog Wine Company, stated he and Laura Ludwig have worked out the details discussed during the held on March 27, 2018 for the Conditional Use for overflow parking, hours of operation and such and she will explain. Ms. Ludwig explained the suggested hours of operation for the retail aspect with the latest hours open on Fridays and Saturday for weddings until 11 p.m., limiting food trucks to one at a time, the second floor of the home will be limited to storage and office space with no public use, and plans for overflow parking were discussed with Mr. Rozum and owner of the property, Jeff Scott. Mr. Scott owns adjacent land where gravel can be put down for overflow parking and Mr. Rozum

2 Page 2 can partner with other area organizations that may have parking readily available for larger events with a shared parking agreement like other places have used. Mr. Mangan asked if that would include plans for a shuttle. Mr. Rozum explained that a shuttle would be part of agreements for large events. Mr. Morosetti asked if insurance is required for the shuttle. Ms. Ludwig replied the insurance would be provided through the bus shuttle that Mr. Rozum was partnered with. Mr. Tucceri stated that the set conditions look tremendous and asked if there is some minimum level of activity that wouldn t require them to go next door or to a shuttle. Perhaps use a starting point if there is more than a certain number of persons, they would have to come back to NFT with a plan. Ms. Ludwig stated that the unknown at this time is those larger outdoor events. The indoor retail sales and small events has more than enough parking. The larger outdoor events are a big question mark. We don t know how successful this will be, and will mostly be in the warmer months because it is outdoors. Mr. Tucceri asked in order to provide flexibility, if it is possible to put a condition that if a large outdoor event is scheduled, it would be Mr. Rozum s obligation to come back with a plan. Mr. Rozum agreed and said utilizing different parking areas would depend on the amount of people. Mr. Tucceri said one-time you may use the fire dept., one-time you may use Mr. Scott s adjacent property. However it works best. Mr. Rozum stated that his hope is that the business grows and he is able to expand the parking lot at some point in the future. Ms. Ludwig said that there is a provision in the Conditional Use that when the time comes they can re-evaluate through a site plan approval to expand the parking and reminded that we don t ever want people parking on shoulder of Steubenville Pike.

3 Page 3 Mr. Rozum said he could purchase orange cones for the large events to place on the shoulder of the road to prevent anyone from parking. Ms. Ludwig presented pictures showing the desired tent area and stated that there would only be one wedding allowed at a given time, the live music would be limited to Fridays and Saturdays and could go no longer than 11 p.m. and explained we have our own noise ordinances within the Zoning Ordinance and the PA LCB has their own stipulations on noise. In terms of maximum occupant load for the outdoor area, there is no code that limits the number of people and would have to come up with an agreement on a maximum number. Mr. Rozum stated that he is thinking 125 people maximum and if it is too much he can dial it back, if not enough he would re-approach. Mr. Grimm asked if that includes help, wedding party and guests. Ms. Ludwig replied the total includes all people. Ms. Ludwig stated the last thing she wanted to discuss is leaving the option open for further evaluation and noting if Mr. Rozum needs to add on in the future, he would have to go through site plan approval. Mr. Tucceri stated he thinks that from the Board s perspective, if Mr. Rozum ever has a request for a larger wedding, he would have come to NFT with a plan. That way there are no surprises. Mr. Rozum doesn t think the house could handle a larger event. Mr. Tucceri replied that he was talking about the grounds. Mr. Grimm asked if we could put a stipulation in there that says anything exceeding the 125-person maximum would require him to go through the Special Event Permit process. Mr. Tucceri asked if the Special Event Permits require Mr. Rozum coming back before the Board. Ms. Ludwig replied no.

4 Page 4 Mr. Grimm stated that it doesn t specifically, but it gives the option to go to the Board. Mr. Tucceri stated larger events are usually planned well in advance, so there will be enough time to go through that process. Ms. Ludwig stated Mr. Rozum is a positive member of the community and wants him to be successful, but we also don t want it to negatively impact any of the neighboring property owners. Mr. Rozum agreed. Mr. Morosetti asked about taking decibel readings. Ms. Ludwig stated they have the equipment in their department. Mr. Morosetti asked if the Community Development Department would be the ones going out if a noise complaint call is received. Chief O Donnell stated that the police would respond and if noise became an issue, they would discuss at that time. Mr. Morosetti said the PA LCB Title (34) states noise cannot extend beyond the property line and asked how that is handled. Mr. Rozum replied that is the PA LCB s way of handling complaint against nuisance bars and has reached out to the them directly for legal guidance but hasn t heard back from their attorneys yet. Mr. Tucceri explained that that is like saying there are no alcoholic beverages permitted at a park. Mr. Morosetti asked if anyone had any other comments. Mr. Tucceri stated that he thinks everyone did a great job in a difficult situation. Mr. Grimm asked if the frame work that has been laid out gives Ms. Ludwig enough to write up the conditions and decision.

5 Page 5 Mr. Morosetti asked Mr. Tucceri how many days do they have to make their decision since this was a continued hearing. Mr. Tucceri stated that the Board has 45 days from the close of the hearing to make the decision. There were no other comments from the floor. ADJOURN A MOTION WAS MADE BY MOROSETTI, SECONDED BY MANGAN, AND CARRIED TO ADJOURN THE HEARING ON AT 6:49 P.M. Respectfully submitted, Cheryl Glowark Township Secretary