Planning commission tables George Lowe subdivision from New Buffalo Borough pending PennDOT access, flood and sewer documentation

The Paragon Planning Commission tabled consideration of a proposed subdivision for George Lowe’s property in New Buffalo Borough after staff and the commission identified outstanding access, floodplain and sewer documentation issues.

Applicant Jared (Jerry) Gibney presented a plan to subdivide a 1.28‑acre parcel so the owner’s primary house and a second trailer would sit on separate lots; the proposal would create a new lot of roughly 0.963 acres for the house and leave the trailer on the residual land. Staff said the site is adjacent to mapped 100‑year floodplain and that the finished floor elevation for the house is 370.9 while the mapped 100‑year base flood elevation is 366.5, which leaves approximately one foot of elevation above the mapped 100‑year flood elevation at the trailer area. Staff also said a base flood elevation certificate (BFE/AE certificate) is required for occupancy and must be provided to the borough.

Access uncertainty was the commission’s central concern. Front Street through New Buffalo lies within a PennDOT right‑of‑way (11/15 ROW), and staff reported a verbal statement from PennDOT that existing gravel access could remain in place; however, commissioners required written confirmation from PennDOT that both the existing house access and the proposed new lot’s access are permissible within the state right‑of‑way before approval. As the applicant said at the meeting, “we got a verbal, but we gotta really back that up.”

Sewer and easement questions: the applicant said a sewer lateral serving the trailer and house crosses the property and that the lateral runs under a shed; staff requested that the borough’s sewer authority inspect and document the connection. The commission and staff also noted that if no recorded easement exists for the sewer main and lateral, an easement will have to be established or otherwise documented so future repair access is secure.

Waivers requested: the applicant requested multiple waivers typical for borough subdivisions — including relief from showing all existing features within 200 feet, a scale relief (location map 1"=1,000), preliminary plan procedural waivers, lot‑width relief to match neighboring small lot sizes (applicant indicated a proposed width near 85 feet), and side‑yard setback relaxation from 15 feet to 5 feet for a proposed lot. Staff recommended the commission table the plan until municipal comments and required documentation were received.

Outcome and next steps: the commission unanimously voted to table the plan. Staff asked the applicant to provide (1) written PennDOT confirmation that access within the state right‑of‑way is allowed for the existing and proposed lots, (2) a base flood elevation certificate for the trailer structure to support any occupancy or CO request, (3) evidence of sewer connection inspection by the borough sewer authority, and (4) municipal comments in writing. The commission indicated the applicant should return when those items are resolved.

Why it matters: the proposal raises recurring planning issues in borough settings — floodplain safety, rights‑of‑way control of local access, and utility easements under existing structures — that affect future owner responsibilities and municipal enforcement of building and occupancy requirements.