A dispute over a subdivision plan for the proposed Hillcrest Estates in Mountain Top was resolved with the developer, property owner and the Wright Township planning commission reaching an agreement on a memorandum of understanding (MOU).
The MOU was approved at the Feb. 15 meeting of the planning commission, clearing the way for Tuskes Homes to begin construction on new homes on the 37-acre parcel on Church Road, originally known as The Sanctuary.
On July 27, 2021, One More on the Mountain Top, LLC, and W-Cat, Inc., submitted a subdivision application for the property to the township planning commission. One More on the Mountain Top, LLC, is a Tuskes Homes land holding company. W-Cat Inc., owner of the property, originally was formed by attorney Robert Powell and Jill Moran, a former Luzerne County prothonotary and a partner with Powell at his law firm.
At a special meeting on Jan. 6, the township planning commission gave conditional approval to the preliminary/final subdivision plan. Its approval was conditioned on the developer meeting all the comments outlined in the commission engineer’s review letter dated Dec. 6, 2021. The sticking point, however, was the commission’s denial of two of the five waivers requested by the developer.
One of those waiver requests that was denied dealt with the minimum distance of driveways from intersections. The other with the minimum property frontage on cul-de-sacs.
On Jan. 27, attorney Matthew Boyd of Ufberg and Associates, Scranton, representing One More on the Mountain Top, LLC, and W-Cat, Inc., sent a letter to the township in which he claimed the planning commission had failed to act on the subdivision plan application in a timely fashion and therefore the plan was deemed approved as submitted (with no waivers required).
Boyd told the commission that by law it had 90 days to approve or deny the application. He pointed out the commission asked for and received an extension until Nov. 20, 2021 but had not taken action by that date. “Under the law the application is deemed approved as submitted without any necessary waivers,” Boyd told the commission.
In the letter, the attorney demanded that the commission sign the plans as originally submitted. He told the commission that if it did not take action within five days, he would file a mandamus action in Luzerne County Common Pleas Court and seek damages.
That legal action never took place, however. The two sides reached an agreement that was set forth in a memorandum of understanding.
At the commission’s Feb. 15 meeting, it gave “permanent and conditional final approval” to the subdivision plans. The approval is conditioned on the developer complying with all the conditions listed in the commission engineer’s Dec. 6, 2021, letter. The MOU allows the project’s driveways to remain as depicted in the submitted plan. The developer agreed to install “all-way” stop signs at every intersection in its development and to sign a waiver of liability. The roads in the development will remain privately owned and maintained.
As part of the MOU, the developer agreed to modify lots located on the “bulbs” of two cul-de-sacs to improve their average width to the extent possible. The agreement states that all lots on the cul-de-sacs are and will remain in compliance with the minimum width set forth in the township zoning ordinance.
Dr. Thomas Urosevich, a member of the planning commission who was its chairman in 2021, said the commission felt it acted within the proscribed timeline, but worked out an agreement to avoid a possible lengthy and costly legal battle.
“Based on our interpretation of the ordinance, we had come up with a different date that the extension ran out based upon their multiple revisions to the plan,” Urosevich stated. He added that the commission’s solicitor felt there was case law to support its position. “
“However, to protect the township from a potentially lengthy and expensive legal battle, we worked out an agreement. What is important to note is that there were no gross violations of the ordinance in that agreement,” he added.
Mike Tuskes, vice president of Tuskes Homes, said the Lehigh Valley builder has all its necessary permits in place and should begin construction of new homes within the next few weeks. He said his company plans to construct 20 townhomes and 57 single-family homes parcel.
Last spring, when Tuskes confirmed plans to take over development of The Sanctuary, Tuskes said estimated the cost of townhomes will be in the high $200,000 range; smaller single-family homes anywhere from $350,000 to $400,000; and larger single-family homes (3,200 square feet) at approximately $500,000. He emphasized that skyrocketing costs of building materials make it difficult to accurately predict cost of new construction.
A third-generation home builder, Tuskes Homes has been building homes in the Lehigh Valley and Poconos for more than 50 years. Locally, Tuskes has built more than 500 units at the Sand Springs Golf Course. It also developed Golden Oaks Village, a 55-plus community along Route 940 in White Haven.
W-Cat Inc. bought the property in 2002 from Bishop James C. Timlin as trustee for St. Jude’s Church. In November 2004, the Wright Township planning commission granted W-Cat preliminary approval to construct the 86-townhouse development. While roads and utilities were installed, only seven units were built and just two sold. The project has sat dormant for more than a decade.
