PIERCETON - Concerns over a proposed housing development on Pierceton's northwest side brought more than a dozen residents to the town council meeting Monday, but any decision is out of the town's hands.

Breck Walls' proposal to place seven duplexes on property off Tulip Street goes before the Kosciusko County Board of Zoning Appeals today. Walls is seeking both a zoning change - from single-family residential to multi-family residential - and a variance to place one unit 10 feet from the property line vs. the 35-foot setback required. The variance would still keep the unit 40 feet from the adjacent property because of a 30-foot easement that runs between the properties.

During the meeting, council president Jerry Kreger excused himself from the council and became one of the neighbors voicing his opinions, citing concerns over fire protection, safety for children due to increased traffic on the dead-end street and questions regarding water runoff from the development.

Walls said it is his intention to build the duplexes for housing senior citizens, but neighbors said there is nothing in writing stating that fact and they are apprehensive about having 14 additional families living in their neighborhood.

Residents also voiced concerns over upkeep of the units and the possibility of lower property values.

"How do we know that five to 10 years down the road these won't turn into slummy apartments like every other apartment complex in town?" one woman asked.

"We're concerned with whether you're going to keep your properties up too," said Doug Walls, Breck's father and also a developer. "There are some pretty tacky-looking buildings down there already." He also told the council and residents that his family "is from this area and we're not trying to pull anything sneaky on you."

At the request of the neighbors, the council agreed to ask the BZA to postpone today's hearing for 30 days to allow the developer and neighbors to iron out some issues. However, it was pointed out that the BZA is its own entity and can make any decision it sees fit.

"If these people can work together and agree to restrictions, we can present it to the BZA and hold the developer to it," said town attorney Jim Walmer. "I would suggest to you that the concerns of the council hold a lot of weight with the BZA."

In other business, State Representative Dave Wolkins (R-Winona Lake) was in attendance to answer any questions the council or residents might have regarding the Perry property.

The abandoned service station with leaking underground storage tanks and a building falling down around itself has been a topic of discussion for a couple years in town and steps have been taken to try to get the property cleaned up.

Testing has shown that there is contamination on the site from the leaking tanks, but the extent will not be known until the tanks are actually removed.

Currently, the town is pursuing a grant through the Brownfields Bill which would allow for additional testing. The application for this phase is due on May 22.

Wolkins did say that the town would have limited liability in the cleanup - as long as the tanks are in the ground. They could potentially raze the building without being held liable for the contamination from the underground tanks, Wolkins said, adding that the Indiana Department of Environmental Management is willing to give "comfort letters" saying that the town won't be held responsible.

"The Brownfields Bill is looking for a showcase and I think this would be ideal," Wolkins said.

Prior to testing which revealed contamination, IDEM didn't even acknowledge the fact that the tanks existed. "It's not a registered site," Walmer said, "because tanks have only been registered since 1988 and it's not known when it was last used as a service station."

Bob Murphy of Murphy & Associates, Larwill, who is administering the grant, said it is important to know "exact as possible" how much it's going to cost before the tanks are pulled. "It's for the town's protection," he said.

The next meeting is June 8 in the community building. Council meetings, beginning in June, will be at 6:30 p.m. [[In-content Ad]]