CLINTON TWP — The owner of a Saxonburg Boulevard business and the state Department of Transportation disagree over the impact of a right of way.

Joe Kozora, owner and board chairman of Quantum Engineering Products, said a new roundabout replacing the intersection of Saxonburg Boulevard and Route 228 might cause him to close his business.

Kozora said the state inexplicably altered its design.

“When the project started, they said Quantum would not be affected,” he said.

Kozora said only land situated directly at the corner of the intersection of Saxonburg Boulevard and Knoch Road was to be taken — something he supports.

However, he said plans changed.

Kozora said the state now is taking a strip along Saxonburg Boulevard that takes his septic system, which would lead to the business’ closure.

“We could not remain open,” he said of his company that employs 25 people.

Quantum sells cylinder forming systems for individual section machines.

Kozora said the state would not address his concerns and seized the land.

“They came in with eminent domain,” he said.

However, PennDOT officials say they are not affecting the septic system according to information supplied by Quantum.

Mark Rozich, PennDOT project manager, said the site’s septic system was accounted for in the revised plan.

“We adjusted our design to avoid that,” Rozich said.

He said the project was delayed to accommodate that change.

“We actually lost a lot of time,” Rozich said.

Kevin Pollino, PennDOT district right of way administrator, said eminent domain was used because an agreement for the land could not be reached.

PennDOT is paying Kozora $32,200 for about 10,000 square feet of land.

Kozora refuted PennDOT’s claim, pointing to a plan submitted to Butler County showing the spot where part of his septic system is located would be taken.

“That drawing was made by them,” he said.

Pollino stressed the eminent domain process protects Kozora as well because there is an appeal system in place.

“They are still entitled reimbursement,” Pollino said about the possibility of Quantum receiving more money.

Kozora said he would pursue the appeal process for eminent domain.

He estimated replacing the septic system would cost roughly $150,000.

But Pollino said the state can’t get held up by every right of way dispute.

“We’d still be riding about in horses and buggies,” Pollino said.

Kozora said his property is only 2.6 acres so there is insufficient space for a sand mound, which requires a minimum of three acres.

Quantum also is too far from any sewage lines to hook up to any sewage system.

Kozora said he doesn’t understand why PennDOT even wants the strip since the roundabout is being built west of the intersection it replaces.

“Why do they have to take all this?” he said.

Rozich said the land is needed due to a left-turn lane being added on Saxonburg Boulevard for eastbound traffic heading onto Knoch Road.

Kozora also is protesting PennDOT removing guard rails he installed along Saxonburg Boulevard and Knoch Road at that intersection.

He said numerous accidents, including several fatalities, occurred there before the rails were installed.

Rozich said the state is unaware of any fatal accidents there and that the guard rails are actually a hazard due to the area not meeting slope guidelines.

Kozora said he spent $100,00 making upgrades to the corner of his property, including improving water drainage.

Kozora also said he spent $30,000 so far in legal fess.

“I’m really at my wit’s end,” he said.

The township supervisors also weren’t pleased to hear about Quantum being affected.

Rozich said the township was not told because PennDOT believes the septic system won’t be affected.

During the supervisors meeting Tuesday, board Chairman Kathy Allen expressed concern.

“I was stunned,” she said about her reaction to first hearing Kozora’s account last week.

Supervisor Jim Halstead said Quantum should not be forced to make any major changes.

“This is unacceptable,” he said.

Allen said PennDOT officials told her they were told to not attend the meeting.

“They were advised by their legal counsel to stay away,” she said.

Halstead agreed with Kozora that his property would be worthless if the septic system would be lost.