KAREN VIBERT-KENNEDY/Sun-Gazette The clear-cut site of a proposed townhome development near Arch Street, seen here above Moore Avenue, in Newberry. The variance for the development was denied.

The land is clear-cut, and the loop road in the proposed housing development is visible from the air.

But following a decision by the Williamsport zoning hearing board, a city-based developer has to put the brakes on the plan for up to 104 townhomes to be constructed in the West End section of Newberry.

From the air, LGN Management’s land appears ready for the start of the project. LGN Management is part of the family of companies under Hutchinson Real Estate, 333 Rose St. LGN Management wants to begin by constructing 32 townhouses and increase that by up to 104 dwellings. But in a 3-to-1 zoning hearing board vote, with one member absent, the townhouse project is on hold.

Voting in favor of granting the variance was William Miele, a former chief public defender in Lycoming County.

Voting against granting the variance were members Michele Frey, Richard Carlson and Scott Cauley. Board member Janet McDermott was absent.

The company required a variance to construct the multi-family dwellings, according to Gary Knarr, city zoning officer.

The current use is three vacant parcels. The proposed plan is to complete a lot of consolidation and construct townhomes. The applicant requested relief from the article in the zoning code.

That is because the property is in three different zoning districts.

Part of the property is zoned, R-3, a residential area that would not require a variance for townhouses.

However, the larger portion is in a light-manufacturing zone (ML), and commercial district (CC).

In light-manufacturing and commercial districts, townhomes are considered to be multi-family and LGN Management needed to be granted a use-variance to put townhomes in.

Use variances pose a challenge for developers as five factors come into play.

Essentially, the landowner must show unique characteristics of the property that prevent them from being able to use it in accordance with the zoning code.

Miele said he believed the company met at least four of the five factors, and the fifth is subjective.

For more than 50 years, the land has had no activity, he said. It was woodlands, and it used to be owned by Hutchinson, which previously sought unsuccessfully to put a Giant market in that area.

Several individuals testified at the hearing in opposition to the project.

Their views were that the housing development would have an adverse impact on the neighborhood and their lives.

One woman said she had bought a house close by and was upset by removal of all of the trees, and a man said the development would close a road so he could not access his house, Miele said.

Based on the preliminary plan, it would have a small amount of road frontage on Arch Street and could be accessed by other means, according to the preliminary design plan.

“I would hope the city would not allow that,” Miele said of negatively impacting residential access to their homes.

The zoning hearing board does not rule on traffic issues, he said.

Meanwhile, the neighborhood is not as densely populated as other areas of that section of the city.

The townhouses would be near the Brodart plant, Harvest Moon Plaza and other businesses and would be easily accessible to Route 15 nearby.

The decision by the board and transcripts will be put into official record for the public to view upon request.

Hutchinson has been addressing housing needs by conversion of a building on Campbell Street into luxury apartments near UPMC and building condominiums that overlook the West Branch of the Susquehanna River in South Williamsport. He also had developed other apartments throughout the city and region.

Attempts by the Sun-Gazette to reach Hutchinson management Friday were not successful.

LGN Management has a brief window (30 days) in which it can file an appeal to the county Court of Common Pleas should it believe that an error of the law has occurred. Whether an appeal will be made to a court judge is unclear at this time.