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Grey Hawk developer can appeal to court

Middlesex Twp. denied PRD

MIDDLESEX TWP — Supervisors cited the potential threat to Glade Run Lake and the developer's decision not to present an alternative plan to the planning commission in their decision to deny tentative approval to the Grey Hawk PRD last month.

The board voted 2-0 March 20 to deny tentative approval to the proposed 108-unit housing development following a heated public meeting. Many residents voiced opposition to the plan. Mike Spreng, supervisor chairman, abstained due to professional relationships with people working for the developer, Grey Hawk L.P.

The board issued its official denial of approval April 3, saying the developer failed to meet its legally required burden to persuade supervisors that the plan met township requirements and code. It also found that resident objectors raised valid concerns about the environmental impact.

Supervisors said in their denial that the developer failed to present the planning commission with an alternative plan. The company later submitted that plan to the supervisors for consideration.

This alternate plan kept much of the layout the same, but altered which lots would contain duplexes and which would contain single-family homes. This was to comply with township ordinances that restrict the number of homes that can be built on cul-de-sacs.

The developer requested a modification from the board to move ahead with the original plan, but submitted the alternative in case it was not granted. Supervisors rejected the modification.

In a public hearing in February, landscape architect Steven Victor, representing the developer, argued that the alternative plan did not contain substantive changes to the original. He said the layout of the roads, open space and lots remained largely the same and, therefore, did not qualify as needing to go before the planning commission.

The board, in its denial, disagreed.

Additionally, supervisors were persuaded by residents' objections that the plan would be detrimental to public health and wellness, particularly to nearby Glade Run Lake.

They cited a letter by ornithologist Robert Mulvihill, who said the plan “certainly has the potential to impact the overall lake ecology” and “could easily spell the difference between the lake continuing to thrive.”

Supervisors also said the developer did not provide the “text of covenants,” which would have established a homeowners association for the plan.

After a denial, developers have 30 days to issue an appeal to Butler County court. That 30-day window began April 3.

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