Owners of a Hamilton Township, PA, quarry must stop recycling outside materials and storing excavating equipment at the quarry, according to a decision issued May 18th by the township zoning hearing board.
The board ruled in 2003 that the non-conforming quarry can continue to operate, but the recycling center and the storage areas and other expanded activities on the property are not permitted. The Commonwealth Court of Pennsylvania upheld the board's ruling in its January decision.
The zoning hearing board issued the decision at the court's request for specific activities that are not part of the approved non-conforming use.
The decision is effective immediately.
"We are not unpleased with the decision," said John Prevoznik, attorney for FERN Partners. Attorney Craig Dally also represents the quarry owners. "We're going to look into what our options are."
FERN Partners, consists of Frita, Elmer, Roy and Nyles Possinger. The family also owns Elmer F. Possinger & Sons, an excavation and paving company.
"The victory is that this establishes a right to mine there," Prevoznik said.
FERN Partners has 30 days to appeal the board's decision. It can also apply to the township to expand the non-conforming use.
Both quarry owner FERN Partners and Hamilton Township Supervisors appealed the zoning hearing board's 2003 ruling to the Monroe County Court of Common Pleas and then Commonwealth Court. Both courts upheld the zoning hearing board's decision.
Zoning Hearing Board Vice Chairman Karl Dickl served as chairman for the issue and Clark Connor served as the solicitor since the regular chairman, Jeff Wright, and solicitor, Mark Wolfe, recused themselves.
The zoning hearing board ruled in 2003 that the township should issue FERN Partners a certificate of non-conforming use for strip mining, quarrying and excavation because the
quarry was operating before the township's zoning ordinance was enacted in 1976.
The quarry is located between Route 33 and Polk Valley Road and is in a C zoning district. Such activity is permitted only in the D zoning district.
Hamilton Township Solicitor John Dunn said the quarry should be shut down because he believes the quarry was abandoned for more than a year, which would make it ineligible for non-conforming use status. The zoning hearing board ruled that there wasn't enough evidence to show the quarry had been abandoned for more than a year.
Attorneys for FERN Partners agreed with the zoning hearing board decision to grant non-conforming use status, but said the recycling center and storage areas should be included as non-conforming use. Pocono Records