BUTLER TWP — The owner of the proposed Highfield Trails subdivision said he is considering appealing Wednesday's decision by the township zoning hearing board regarding his argument about the number of homes allowed in the development.

Board members unanimously voted against Great Living LLC's appeal of the township zoning office's determination that the township zoning ordinance allows 100 homes in the 39.17-acre development at the corner of South Duffy and Highfield roads.

Great Living's original proposal called for 113 homes, but the company submitted a 100-home proposal after zoning officer Jesse Hines determined the ordinance permitted a maximum of 100 homes. The township planning commission voted Tuesday to recommend approval of the 100-home proposal to the township commissioners, who will make the final decision.

After Wednesday's hearing, Jerry Oliver, Great Living owner, said he was disappointed in the decision and is considering appealing the decision to Common Pleas Court. He said he will discuss the matter with his attorney before making a decision.

He said he hopes to begin construction in the fall and have one or two model homes completed by September 2022. Ryan Homes will sell and build the homes, he added.

His attorney, Maureen Sweeney, called Steve Victor, of the landscape architectural firm Victor Wetzel Associates of Sewickley, to testify about his interpretation of the home density calculations in the zoning ordinance.

Victor said the ordinance is ambiguous because it doesn't clearly state the number of homes permitted per acre in a residential development.

He said he interpreted the ordinance as saying the area taken up by roads and rights of way should be excluded from the density calculation, and, as a result, 113 homes should be permitted.

Sweeney then argued that the Pennsylvania Municipalities Planning Code says property owners should prevail in disputes over ambiguous zoning measures.

“There is no ambiguity in the ordinance,” Hines said.

He said the ordinance excludes public streets and rights of way from home density calculations, and those calculations allow for 100 homes on the property.

Cluster residential developments, such as Highfield Trails, must have 15,000 square feet of property for each home, he said. That requirement is the same for traditional single-family home developments, he added.

In a cluster development, the homes are built closer together than in traditional developments, but have more open area for green space or recreation.

In a separate matter, the board unanimously approved a special exception requested by James and Barbara Lyon to convert the former Mercer Road Volunteer Fire Company Station #2 on Evans Road into an indoor baseball training facility.

The special exception was needed because a baseball training facility is not listed as a permitted use in the convenience commercial district where the property is located.

Barbara Lyon said she would build a 25-foot addition to the rear of the building, which would contain two batting cages and be large enough to practice pitching.

Two trainers would work with two school-age children at a time inside the facility, which would be open evenings during the week and open earlier on weekends, she said.

Construction work would take place in the summer, and the facility would open in the fall, she said.

Her next steps are to submit a land development plan to the planning commission for approval and get a building permit, Hines said.