Thornbury delays pipeline neighbors’ appeal

THORNBURY » Members of the Andover Homeowners Association made their displeasure known Monday night when the zoning board opened, but was unable to complete, the hearing to appeal a grading permit issued to Sunoco Pipeline L.P.

Some residents chastised the board, while others surrounded the cars of Sunoco’s attorneys to vent their frustration.

“My house shakes all day,” Mike Walsh told the board. “Do you want to come live there for the next two weeks?”

The permit, issued June 21, allowed the company to begin construction associated with its Mariner East 2 project. The 350-mile system, a section of which is being installed along Route 352 in a portion of the development’s open space, is slated to bring natural gas liquids such as propane, ethane and butane to the Marcus Hook Industrial Complex.

Andover, composed of 39 single family homes on approximately 42 acres, includes 40 percent open space as required by municipal code. The association claims the project reduced the tract below the minimum and allowed construction within 100 feet of the land surrounding the residential properties and 75 feet of a building.

The permit was in compliance with township requirements, said township Engineer Mike Ciocco. The development was built on the site of a former apple orchard which used lead, arsenic and dieldrin as pesticides, all of which were blended into the soil when the houses were built, and an inspector has been on site to check complaints of dust and other contaminants entering the air, he added.

The association indicated members had only a few hours to comment on the permit application. Ciocco testified, however, he had it under review for several weeks and contacted its engineer approximately two weeks in advance for his input.

“The continuations have the effect of providing Sunoco more time to continue destroying Andover private property, while Andover’s due process right to an appeal is delayed.” — Eric Friedman, Andover Homeowners Association president

Andover also sits atop Mariner East 1, which was installed on land where Sunoco has had an easement since 1963, said township Manager/Zoning Officer Jeff Seagraves. When the open space was calculated, certain areas, such as storm water basins and the existing easement, were netted out.

In reviewing the permit, Seagraves learned the easement for the new project did not need to be subtracted, however, as Sunoco is classified as a public utility. The municipality was able to include 10 conditions, however, such as limiting hours of operation and needing township approval to work beyond them in the case of an emergency.

“At the time of the application, the township was advised by its legal counsel that the courts had ruled Sunoco is a public utility,” he added. “As a result, it is not subject to our zoning code – trying to enforce it would be overstepping our bounds.”

The zoners permitted questions from the audience and homeowners noted concerns such as destruction of private, preserved space, seismic issues, soil disturbance, air quality, agency regulation and Sunoco’s status as a public utility. Residents spoke of constant noise, continuous ground movement and the recently-installed sound curtains.

The hearing was originally slated for Sept. 11, but was continued by the board until Oct. 2 as one of the township witnesses was not available. The zoners had decided to end the meeting by 10 p.m. and the anticipated hour-long testimony by the association’s engineer, plus the need to hear another case, would have exceeded the time limit. As a result, they decided to re-open the case

Oct. 16.

“The continuations have the effect of providing Sunoco more time to continue destroying Andover private property, while Andover’s due process right to an appeal is delayed,” said association President Eric Friedman.

The meeting will begin at 7 p.m. in the township building, 6 Township Drive, Cheyney.