PennFuture wins Mt. Pleasant Twp. appeal
Dencil Backus and Eileen Steding assert their testimony before the Mt. Pleasant Township Zoning Hearing Board was true.
Dencil Backus answers questions from PennFuture attorneys as the Mt. Pleasant Township Zoning Hearing Board listens to testimony Wednesday.
HICKORY – The environmental nonprofit group Citizens for Pennsylvania’s Future won petitioner status along with 10 individuals Tuesday by virtue of a zoning hearing board vote of 3-0 that the parties have rightful standing to challenge Mt. Pleasant Township’s zoning ordinances on natural gas drilling.
The challenge, filed May 27, said the township’s ordinances that were declared invalid in October 2013 never had a formalized curative amendment to allow or prohibit drilling.
The current ordinance language allows oil and gas wells in all zoned areas under a conditional-use process. Attorneys for MarkWest and Range Resources argued PennFuture’s attempt to file a challenge did not include residents as actual parties when the May filing was submitted, and residents were named July 21 in a letter sent to the township.
“Last week, PennFuture belatedly identified 10 people to join as petitioners. One isn’t even a resident, the other nine are at least half a mile away from the proposed Yonkers well pad,” said Blaine Lucas, attorney for Range Resources.
PennFuture attorney George Jugovic Jr. argued to the board the residents were legitimately aggrieved parties of past actions by the board of supervisors allowing natural gas drilling activity, and could potentially be harmed by future development, such as the proposed Yonkers well pad along Baker Road.
“The question we would like to get to – is the ordinance consistent with what the state Supreme Court decided with (Act 13 and other cases)?” Jugovic said, referring to legal arguments scheduled before the zoning hearing board a. Sept. 6. “Our concern is the ordinance is unconstitutional … All petitioners testified about being impacted. It’s a small standard, and they don’t have to be aggrieved every day. That’s been established.”
Susan Gilbert of 12 Penny Lane, McDonald, said assessors with Tyler Technologies told her the value of her house decreased because of drilling activity.
“We got an environmental reduction, they said, and once we got the official assessment, the value was reduced,” Gilbert said. Gilbert said after questioning from Lucas she did not have documentation at the meeting to prove the case.
Dencil Backus of 221 Walnut Road, a former township supervisor, said private diagnostic testing for air and water quality cost him thousands of dollars. Kimberly Staub of 101 Walnut Road said she hasn’t been able to host or entertain much at her 18-acre farm, and has put a hold on purchasing livestock.
“I live 850 feet from the Carter impoundment. It’s in the process of closing, but that’s only the first way I’ve been impacted. Trucks would stage and idle for hours upon hours. This was in 2012 and 2015. There have been days where I had to vacate my farm. … We’ve really lost what we bought our farm for,” Staub said.
At least three of the petitioners said during questioning from Range and MarkWest attorneys they received between $50,000 and $100,000 in approximate royalties from leasing their property to gas drilling companies.
Range Resources spokesman Matt Pitzarella emailed a statement following the meeting that said, “It’s troubling that an outside, special interest group is attempting to overthrow the township’s ordinance and remove local control for what they have called ‘symbolic’ reasons,” referring to testimony from Jugovich and residents. “We stand with the township and residents in defending their ability to responsibly develop their gas to the benefit of their community. Above all else, we’re going to work as hard as we can to be as accommodating as possible for nearby residents, most importantly the (Fort Cherry) school.”