CLINTON TWP — A Saxonburg Boulevard business may not have to close due to a state Department of Transportation project, but its battle over a right of way continues.

Joe Kozora, owner of Quantum Engineered Products, said PennDOT may not be taking land that affects his septic system, but he still is fighting eminent domain.

PennDOT used eminent domain to acquire nearly 10,000 square feet of land because an agreement could not be reached with Kozora, who was paid $32,200.

He expressed dissatisfaction with the whole process PennDOT used.

“They never said they relinquished the land back to me,” Kozora said.

PennDOT officials disagreed.

Kevin Pollino, PennDOT district right-of-way administrator, said a written notice was sent via certified mail to him.

“It was provided to him in writing,” Pollino said.

He was unsure which address of Kozora’s got the notice, but stressed the business owner’s attorney also was sent a notice.

PennDOT acquired the land to add a left turn onto Saxonburg Boulevard for eastbound traffic headed onto Knoch Road.

According to PennDOT, adding the new lane requires adequate width on the other side of the intersection.

That intersection also is being changed to a 90-degree turn.

Kozora said he is challenging the eminent domain through the appeal process, which involves a county review board called the Board of Viewers assessing the case.

“It’s the first step in litigation,” Pollino said.

He stressed the three-person board would not have any say about the dimensions of property seized, only the amount of money given to Kozora for it.

An attorney, a Realtor and an engineer will comprise that board.

Initially unaware of what the revised plan represented, Kozora has been protesting PennDOT’s seeming indifference to his plight of losing his septic system, which would effectively close his business.

PennDOT confirmed that the revised drawing of the plan shows the relinquished land by a row of small Xs on one side of the parcel and a dotted line on the other side. Kozora said PennDOT should have made the revisions more evident on the map.

“The way they put it together is improper,” he said. “That’s so ambiguous.”

Kozora said the space between the borders of property returned to him should have looked differently than the seized land.

Township Supervisor Jim Halstead agreed that PennDOT should have done a better job indicating the revisions.

“They could have explained it,” Halstead said. “I think that map was very hard to understand.”

Craig Chelednik, PennDOT plans and design services engineer, said the revision was done properly.

“Everyone can have an opinion on that,” Chelednik said of the map. “We felt we did it right.”

Pollino stressed the plan was revised before eminent domain was used so the critical section of land was never taken from Kozora.

“That property was never taken away,” said.

The revised plan also shows a property acquisition reduction of 12,584 to 9,959 square feet.

But Kozora said the size measurement is incorrect as well.

“They were so sloppy,” he said.

Chelednik said there was a limit to what he and other officials could comment on due to Kozora appealing the eminent domain.

This intersection work is only part of the overall project.

The main thrust of the plan is to replace Cox’s Corner — the intersection of Saxonburg Boulevard and Ekastown Road, which is Route 228 — with a roundabout a little farther west.

The existing intersection is a fork in the road with an uphill slope obscuring the view to oncoming traffic. A roundabout is a circular junction where traffic flows in one direction around an island.

Bids to do the work are due Thursday. Chelednik said utility work would likely start late this year, but construction would begin in spring.

Kozora also criticized a comment made by a PennDOT official saying if a project was held up for every right of way dispute, people would still be riding in a horse and buggy.

Kozora said, “I find that insulting.”

Halstead agreed.

“I thought it was really unnecessary and extremely unprofessional. That’s his business.”

Pollino declined to address that subject.

Kozora said his property, which totals 2.6 acres, is insufficient for a septic sand mound and is too far away from the nearest sewage line.

Although the impact on the septic system is no longer in dispute, Kozora still protests PennDOT’s pending removal of the guard rails along both roads where they border Quantum.

Halstead agreed with Kozora that the guard rails should remain, but he understood there isn’t much that can be done if PennDOT wants them removed.