Pulaski Township PA - Zoning Hearing Board
Pulaski upholds zoning law
By Mary Grzebieniak
New Castle News
The Pulaski Township Zoning Board unanimously upheld the township zoning ordinance Monday.
Board members Joe Goodge, Bruce Sikora and alternate member Walt Sniezek unanimously agreed that the objectors to the ordinance failed to prove that the township zoning ordinance is unconstitutional.
Attorney Angelo Papa, who along with his son, Christopher Papa, represents the objectors, said they will appeal the decision to Common Pleas Court. The objectors are Ivan and Kathy Dubrasky of 5439 Old Pulaski Road, and Timothy Chito and his wife, Elizabeth Kessner, of 650 Cheriwood Road Atty. Christopher Papa said last night that the zoning board has 45 days to file its findings of facts and conclusions of law and the petitioners have 30 days after that to file an appeal.
The petitioners had claimed the zoning ordinance was unconstitutional because it allows hydraulic fracturing in agricultural and residential zones as a conditional use. They claimed it is actually a heavy industrial use which ruins the character of these areas. All the petitioners live in close proximity to a wellpad.
The board was polled individually on each of the six claims made by petitioners, and stated they failed to prove that the township zoning ordinance: •violates the state constitution by depriving residents of enjoying their private property without due process of law;
•promotes spot zoning;
•violates the Municipalities Planning Code by being potentially detrimental to the public health, safety and welfare and potentially affecting the water supply; •violates the MPC by permitting inconsistent uses within residential and agricultural districts; •violates the MPC code by depriving residents of clean air and water;
•or violates the ordinance’s own community development objectives.
The decision follows two four-hour hearings where testimony was provided by both sides.
There were no statements made by either side last night.
The meeting, which lasted approximately 15 minutes, was held to fulfill provisions of the Sunshine Law that requires the decision to be announced publicly.
Once the decision was announced, the meeting was adjourned.
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Replies to This Discussion
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Permalink Reply by Ragnars Repo on
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I can't decide if this is good news or bad......
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All of these challenges by the "anti-fracker" groups will ultimately end up in court. They all state in their arguments that the Township has the "duty to protect the citizens". Yeah, just like the Police "Protect and Serve" - they can not protect everyone, hence rapes, murders, robberies, etc.; and recently haven't been "serving" too well either. And the vast majority of these "anti-fracker" groups don't live like they preach either! Nothing but HYPOCRITES.
There is a similar suit brought forth by a couple that live within proximity to EQT's Trax Farm wellpad in Union Twp., Washington Co. - same ole blah-blah-blah. And now it's going to court as well. I wonder if they heat their house with windmill power???? NOT.
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Permalink Reply by John Smith on
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I'm not an anit-fracker or anti business or anti growth. The but IS that does heavy industry belong so close to people's homes? Zoning is put in place to keep like uses with like uses and protect property values at . The zoning ordnance was written in 2002 before the frack revolution and is out of date. May well be unconstitutional as well. As far as to "serve and protect" , that argument is just stupid. We all know the police can't be everywhere nor does any logical , sane person. But when it comes to making community decisions the board must consider the "Health , safety and welfare " , of it's people. Did they do that? I'm not sure. The courts will decide though. I have followed this since it started and the more that comes out the more Chito seems right. I did not think this at first. But the facts are ALL 3 supervisors ARE conflicted . Are they voting with the community best interest or with their own pocket books? http://www.ncnewsonline.com/news/varano-wellpad-fails-to-get-approv...
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