Thornbury KOs appeal of pipeline construction permit
» After considering more than seven hours of testimony and substantial binders of supporting documentation, the zoning board voted Monday night to deny an appeal by the Andover Homeowners Association regarding the grading permit that the township issued to Sunoco Pipeline L.P.
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 easement infringes on 12 properties along Middletown Road, specifically limiting four owners from constructing additions or installing sheds or pools without a variance.
The board heard testimony from township Manager/Zoning Officer Jeff Seagraves and township Engineer Mike Ciocco, John Mullin, the engineer retained by the association, and the case presented by Sunoco’s attorneys.
Comments were also received from township residents. The development was built on the site of a former apple orchard which used lead, arsenic and dieldrin, and many of the speakers noted issues such as pesticides transported from the site, the constant noise and continuous ground movement.
“I want to thank the residents for coming, testifying and listening and counsel for presenting the case before the board,” said zoner Bob Haines prior to the vote.
Haines and George Morley both voted to deny the appeal. Board member Scott Cannon, who was unable to attend the hearings, did not vote.
When asked by a resident about the vote, Solicitor Michael Imms noted a written decision will be issued and circulated among the attorneys and all parties. The document should be available within 30 days.
“An extensive record was created,” he said. “The decision will contain the reasoning.”
After the meeting, Imms noted the board’s decision sustained the township’s action.
“The board found the township and its engineer properly issued the permit,” he added. “The review was narrow and on this issue only.”
Attorney Rich Raiders, representing the association, suggested the board ignored binding law requiring it to protect citizens from harm to the environment and natural and historic resources. He also felt the zoners ignored state law establishing that Sunoco Pipeline is not a public utility for municipal zoning purposes, adding the state Public Utility Commission’s designation of Sunoco as a public utility corporation does not automatically grant Sunoco exemption from municipal zoning.
“The decision of the zoning hearing board – an unelected body appointed by the same municipal government that improperly issued the permit – is disappointing, but not surprising,” he wrote in an email. “Sunoco remains subject to local zoning requirements, though in Thornbury the system is rigged against the residents who asked only that the zoning hearing board uphold the ordinances of the township and the laws of Pennsylvania.”