Zone-change appeal decision faces deadline

Opponents fear
contamination of a nearby creek and traffic problems.

By MARY GRZEBIENIAK

VINDICATOR CORRESPONDENT

NEW WILMINGTON, Pa. — A decision must be made within 45 days on an appeal seeking to overturn the rezoning of some 50 acres on Auction Road, Wilmington Township from residential to industrial/business.

The zone change — passed Aug. 15 by township trustees — has drawn opposition from residents of residential areas near the site, including the Winfield Commons condominiums across the street from it, which have an average selling price of $185,000.

The zone change would allow Deerfield Farm Services Inc. to build a storage facility and grain elevator on 25 acres along Auction Road. The facility would include seven grain bins and seven silos as well as fertilizer and chemical storage.

Nearly 100 people attended the appeal hearing last week.

The Wilmington Township Volunteer Fire Department members would like to build a banquet hall, and the township wants to establish a park on other parts of the rezoned land.

Atty. Bruno Muscatello of Butler filed the appeal on behalf of David Batley of Auction Road. The appeal claims the supervisors erred in approving the zone change by failing to submit a comprehensive plan to the Mercer County Regional Planning Commission for comparison with the zoning request, failing to consult a third-party expert to protect all parties because the land was to be used in an “environmentally volatile fashion,” engaging in spot zoning and engaging in contract zoning.

The township’s zoning hearing board consists of chairman Jack Hanes, Eileen Hendrickson and Mark Chase. Atty. Joseph Kearney is zoning board solicitor.

Hanes announced at the outset of the hearing that Chase excused himself from taking part in the appeal because he signed a petition opposing the zoning change.

Muscatello called witness Roberta Sarraf, an urban and regional planner from Canonsburg, who testified that she had examined the site and reviewed township zoning ordinance and map.

She said Deerfield Farms would not be compatible with such close proximity of residential areas because of traffic, noise and odors. She said there is no reasonable way to separate the site from the residential area because the 4- to 6-foot high evergreen tree barrier prescribed in the zoning ordinance as a buffer zone would be inadequate, especially in light of a recently proposed township zoning amendment which would exempt structures in agribusiness from height limitations.

She said grain bins would be clearly visible from residential areas.

She added the expected 85-decibel noise level is higher than government recommendations of less than 65 for residential areas. She said there could also be infiltration of tainted water from the site and said the township should have consulted an expert.

But Supervisor Wendy Campbell, called as a witness by township Solicitor Raymond Bogaty, testified that she had sought an opinion on the zoning change and received a favorable review from the county planning commission.

In addition, Mary Buckwalter, of Bethel Road, who was recently appointed to the township planning commission, said that expansion of the business/industrial zone to the site was part of the township’s 1982 land-use plan.

Patrick McCarthy, a Westminster College biology professor, presented two research documents showing that a toxin commonly found in grain bins is connected to lung cancer, and that the herbicide Triclopyr is related to many health problems in humans and animals.

He said these are only two of many causes of concern if the business locates in a residential area. He pointed out the Deerfield site is within 300 feet of wetlands and said the location of the facility there “will create troublesome environmental and health problems.”

David Allshouse, the developer of Winfield Commons and a Valley View Drive resident, said that Auction Road is not wide enough for the truck traffic the business would attract. He said that cars on Auction Road must back up to allow tractor-trailers to turn in from Pa. Route 158.

William Griffith of Auction Road said supervisors never read the information on chemical contamination which he gave them before the August rezoning. He said he is concerned because a creek runs near the property, posing a risk of contamination.