With the break in the weather, work is under way for the final phase of Tyrone’s Streetscape project.
Ahead of the work, borough’s council has had to deal with issues related to the project regarding a downtown business.
Borough Manager Sharon Dannaway said preliminary work began last week on the final phase.
“They’re cutting out the area in front of the curbing so when they remove the curbing they’re not damaging the street,” said Dannaway.
Some of the work could be seen being done earlier this week along South Logan Avenue in the vicinity of Hamer’s Garage at West 10th Street.
Tyrone Borough Council had been dealing with a Streetscape-related design issue that affected Domer Hamer who owns the garage and a lot next to it on Logan Avenue.
He had approached council on February 6 regarding the width of the driveway as it related to Streetscape Phase II plans. Hamer said he wanted the driveway for his garage extended so it would also cover the adjacent lot on Logan Avenue.
The following week, council unanimously approved a motion to allow Mr. Hamer’s driveway area to cover both properties. After the Feb. 13 council decision, an on-site meeting was held between the borough, PennDOT and Innovative Consulting Group to discuss the change in the driveway in the Streetscape Phase II plans that were approved by council.
According to code enforcement officer Tom Lang’s February report to council, it was determined that due to PennDOT regulations, Mr. Hamer’s driveway cannot begin until it is 10 feet from the radius of the intersection. Lang said the borough spoke with Mr. Hamer on site regarding the change and he had no objection to it. Essentially, the driveway for the two properties was shortened to a reported 87 feet.
PennDOT’s David Lybarger said he was asked to come out to the site. The District Nine assistant program director said his role was to “give guidance on what could be accepted there.” The portion of Logan Avenue running along Mr. Hamer’s property is not a state-owned road.
Lybarger said, “The only thing we restricted was the distance the drive could begin on the corner. As far as the actual driveway opening itself, the way that we approach that, we ask that revised plans be developed to show what the new facility would look like with those changes.”
He said PennDOT asked that the borough write a correspondence indicating they find the conditions acceptable.
On March 13, council met and once again discussed issues related to Streetscape and Mr. Hamer’s property. Council approved a change order for $975 to reflect its Feb. 13 decision to allow the driveway for both the lot and the garage.
At that point, former mayor Patricia Stoner addressed council regarding the issue. Before leaving office as mayor, Stoner agreed to act as a liaison for the borough on Streetscape, the long-planned motel idea and other economic development issues.
She told council she had not been notified of the February meeting when council discussed and took action on the portion of Streetscape running along Hamer’s property.
According to council meeting minutes, Stoner said allowing Hamer the 87 feet of driveway entrance was wrong. She said it would cause a danger to pedestrians and cyclists because of an extra wide entrance. The council meeting minutes reflected PennDOT’s request for the letter showing council had approved Hamer’s request.
Stoner suggested the borough remove the driveway from in front of the lot next to Hamer’s garage and only allow the driveway for the garage.
Council voted to remove the driveway from the Streetscape design for the lot next to the garage, but allow the driveway for the garage. The minutes noted if Hamer were to add on to the current garage, he could approach council and be granted the additional driveway at that point.
Mr. Hamer was not at the March 13 meeting, but was informed of council’s move to rescind its Feb. 13 decision in a March 22 letter from Dannaway. She noted in the letter that there is no driveway at the 955-957 S. Logan Avenue lot. She told Hamer council took action to retain the curb design there and allow the driveway for the garage. She told Hamer that if he used the lot in the future as part of his business he could apply to the borough at that time to address “any curbing removal issues.”
She said council had authorized the change in the design to the Streetscape plans because council was under the belief that a driveway existed at 955-57 Logan Avenue. She informed Hamer that it was brought to council’s attention that there is no driveway at the location.
Hamer appeared before council again on April 3 and during public comment requested council grant the driveway or curb cut for the lot that they had approved in February, but rescinded in March. Hamer left the meeting before council could discuss the issue. Council decided by consensus not to take any further action on the issue.
Earlier this week, Mr. Hamer told The Daily Herald about a form he filed for a permit with the borough last Thursday. The form indicated Hamer wanted to make alterations to provide access by means of a driveway for the lot at 955-57 South Logan Avenue.
Dannaway said on Tuesday that a response regarding the form had been sent by mail to Mr. Hamer last Friday. Hamer said this morning that he received the letter at his home yesterday.
The letter informed Hamer that a driveway for the lot could not be dealt with through the permitting process because of council’s prior action. The letter said council’s March 13 action would stand.
Hamer said, “Council was intelligent enough to do the right thing the first time.”
He described council’s later action to change their decision “uncalled for.”
He said, “She (Stoner) took advantage of council. When she came in, all hell breaks loose. It doesn’t seem right. Our council can’t do anything. You might as well have one person.”
Hamer noted the area where he had requested the driveway had already been in use as one for the eight years he had owned the lot and for the eight years before that by the previous owner. He noted there are other driveways in the borough for businesses and organizations that are long in width.
He also said although he knew of the Streetscape project, he did not see an actual design plan until January of this year.
