A judge has quashed one of two lawsuits filed by residents opposed Sheetz’s plan to build a new gas station across the street from its current location on Perry Highway.
But a second court action could delay the start of work even though the company can obtain a building permit to proceed, officials said.
The lawsuit dismissed April 23 by Commonwealth Court Judge Joseph James argued that the zoning for one of the properties needed for the project — 131 Montclair Avenue — should be been changed in the past to residential-use only.
The judge’s decision leaves the current zoning, which allows the property to be used for residential or commercial, in place, said town solicitor Gavin Robb.
The property and others along Montclair were zoned for commercial use in 1959, according to Robb. The commercial zoning was repealed in 1971 but then re-zoned for both residential and commercial use in 1994, he said.
The second lawsuit filed on behalf of residents maintains that Sheetz’s proposed project does not meet any of the criteria set by the municipality for conditional use of the property for a gas station and convenience store.
A hearing date for that case has not yet been scheduled.
McCandless council on April 22 approved a pair of measures giving Sheetz the OK to proceed with the project.
But the start of work could be stalled until a second lawsuit is resolved, according to town officials.
One of the measures approved by town council allows Sheetz to consolidate five properties along Perry Highway that will be used for the new station’s pumping operations.
A second vote dealt with the Altoona-based company’s land development plan for the new gas station and convenience store the would be built so operations can move from its current location at the triangular junction of Old Perry Highway and Perry Highway. The company said the old store is outdated and the property lacks the room to expand.
Both measures were approved by a 5-2 margin, with council members Greg Walkauskus and Carolyn Schweiger casting the dissenting votes.
Residents who live on the streets surrounding the gas station’s proposed new location say a larger store closer to their homes will increase their exposure to gasoline and diesel fumes; add more noise, light and traffic congestion; make it more dangerous for children waiting for school buses; lower their property values; and disturb the neighborhood’s tranquility.
Town officials say it is up to Sheetz to decide whether to seek a building permit to proceed with work or wait until the courts issue a ruling on the second lawsuit.
“We can legally issue them (Sheetz) a building permit but they would have to proceed at risk,” Robb said, adding that if the court rules in favor of the residents, work on the project would have to be suspended.
Representatives from the company could not be reached to discuss whether they will seek a building permit before a ruling is issued or wait.
In August, Walkauskus tried to block Sheetz from using 131 Montclair Ave. for the project by moving to have it rezoned. But the measure failed to get enough support from council.
Walkauskus and Schweiger on Monday voted against the two measures related to the Sheetz project.
Several residents who live in the neighborhood where the new store is being proposed urged council at the April 22 meeting not to approve the measures; or if they did, agree to eliminate a second entrance/exit for the site that is being proposed at the bottom of Montclair. Their request was not included in the final draft of the plan, but council added a requirement that Sheetz and the town engineer design and install a pedestrian island protected by safety bollards at the corner where the new convenience store will be built.
The town also is requiring Sheetz to install a sidewalk in the right-of-way at the bottom of Montclair across the street from the new station’s location.
The changes are among a number of conditions Sheetz will have to include to address concerns residents have raised about the project’s impact on the quality of life in their neighborhoods.
