Barkeyville Borough, 5404 Pittsburgh Road, Harrisville, Pennsylvania 16038 - Ph: 814-786-7280

Barkeyville Borough, Pennsylvania

THE HAWBAKER BARKEYVILLE ASPHALT PLANT

PERMIT APPEAL

Chronological Timetable (starts at bottom)

The provisions protecting Barkeyville and the surrounding communities from air pollution were stripped from the zoning ordinance by the Barkeyville Borough Council at the request of the Hawbaker Asphalt Corporation on September 4, 2007 despite massive public support for the air pollution protections. The Borough Council consisted of Leann Stearns, Wally Stearns, Warren Whetzel, Charles Nolf, Regis Brick, Jeff McConnell and Alvin Patton. They had the full support of the mayor, Mary E. Rose. After amending the zoning ordinance, they issued another permit to Hawbaker, through their zoning officer William Walker of Oil City, PA. read more about this


6/19/07 Citizens appeal Zoning Hearing Board decision at County Court level. Read appeal.


Court Stops Asphalt Development Again!

4/26/07: "There should have been no need for court intervention if the requirements of the Code had been followed by those in positions of responsibility. lf the stay had been enforced, or if the land developer had heeded the stay, it would not have suffered the losses which were alleged in the testimony of D. Michael Hawbaker at the second hearing. Despite the extreme importance of the development, the financial investment of the developer, and the corresponding impact on the Petitioners which they have alleged will result from the operation of the asphalt plant, the Zoning Hearing Board did not set a date for its first hearing until April 11, 49 days after the appeal was filed. Then when they could not finish the hearing that day, they set the continued hearing for May 3, 2007, 71 days after the appeal had been filed. The Code allows 60 days in which to have a hearing. After May 3, 2007 they will have an additional 45 days to make their decision. Although they acted within the time constraints of the Code, if a hearing had been held promptly and a decision made promptly, there would have been no need for intervention of this Court and the imposition of a restraining order. For the foregoing reasons, this Court enters the following Read the Court Order


Court Stops Development At Asphalt Site!

4/11/07: "In the instant case there is a blatant disregard of the requirements of the zoning laws of this Commonwealth by the municipality and its officials. They have failed in their duties so clearly set forth in Section 915.1 of The Code. The only logical and sensible interpretation of said Section 915.1 is that when a citizen seeks redress from the failure of a municipality to enforce the stay, that citizen shall do so by petitioning the court of common pleas for a restraining order in order to right the wrong that has been perpetrated on its own citizens by that municipality." Read the entire Restraining Order.


6/19/07 Citizens appeal Zoning Hearing Board decision at County Court level. Read appeal.

5/24/07 (Franklin News Herald): Asphalt plant gets go ahead - Barkeyville Zoning Hearing Board denies citizens' appeal in split decision. Former Barkeyville Planning Commission member and former Zoning Officer on the Hearing Board votes in favor of appeal. Two women on the Board vote against the appeal. This decision is appealed.

5/3/07: Second Barkeyville Borough Zoning Hearing Board hearing, Barkeyville Church of God

4/26/07: Court issues ruling denying Hawbaker's appeal. Restraining order is reinstated.

4/23/07: Court hearing before Judge Morgan to consider appeal presented by Hawbaker's attorneys requesting restraining order to be dismissed or bond be posted. Court lifts restraining order effective Friday, April 20th until this appeal is heard and decided. Judge promises quick decision.

4/17/07: Barkeyville Borough Zoning Hearing Board hearing to be continued May 3rd.

4/11/07: Hearing held in Barkeyville before the Zoning Hearing Board.

4/11/07: Court grants restraining order stopping asphalt facility construction

3/20/2007: Appeal Hearing is Granted by the Barkeyville Borough, Pennsylvania Zoning Hearing Board for April 11, 2007, 7 pm, at the Barkeyville Church of God, Route 8, Barkeyville. Read media coverage: News Herald: 3/21/07; 3/29/07

3/16/07: Hearing before Venango County Court of Common Pleas, visiting Judge William Morgan presiding, from Warren County, 37th District. The issue remained undecided and the Court issued a continuation for 15 days. Read the newspaper coverage in News Herald - in Allied News.

3/12/07: Appellants' file Petition For Restraining Order with Venango County Court of Common Pleas, Civil Division requesting, "all land development by Glenn O. Hawbaker, Inc., pursuant to and in accordance with Zoning Permit No. 31-001-016-4 issued on December 31, 2006 by Barkeyville Borough Zoning Officer Gary T. Dovey to Glenn O. Hawbaker, Inc., is STAYED during the pendency of the appeal filed February 21, 2006 before the Barkeyville Borough Zoning Appeal Board." Read newspaper article.

3/9/07: Although the Borough Solicitor, Bogaty, cannot also legally act as the Borough Zoning Hearing Board Solicitor, and the BZHB solicitor on record, George Thompson, is also the attorney for Hawbaker and the Oil Region Alliance, Bogaty mails a written statement to the Appellants' attorney stating that the Appeal of 2/21/07 will neither be heard nor will Hawbaker be ordered to cease development as required by law, basing the decision on the fact that the Appeal was filed more than 30 days after the permit was issued.

3/6/07: Two members of the Barkeyville Zoning Hearing Board officially resign at the Borough Council meeting (see news coverage of this meeting). Two new members and one alternate are appointed by the Borough Council President, Leann Stearns. A new Zoning Hearing Officer is also appointed in closed session, with no public participation whatsoever.

3/2/07: Appellants demand that the Hawbaker facility development be stayed as required by law. "Based on the foregoing, we are respectfully requesting the Board to instruct Hawbaker, its agent and/or contractors, to cease all further land development activities pursuant to the challenged permit until the applicants' appeal is heard and disposed of by the Board."

3/2/07: No action whatsoever is taken by the Barkeyville Borough Zoning Hearing Board on the Appeal by this time.

2/21/07: A formal Notice of Appeal was filed on February 21, 2007 with the Barkeyville Zoning Hearing Board, after the area citizens researched the proposed asphalt facility and found out that it would be a prohibited source of air contamination.

2/6/07: Barkeyville area citizens are informed at the Borough Council Meeting that Glenn O. Hawbaker, Inc. was granted a Zoning Permit on Sunday, December 31, 2006, without public notice of any kind, to construct a large, coal-fired asphalt plant in Barkeyville Borough.

 

 


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Barkeyville, Pennsylvania; Barkeyville Borough; Barkeyville Boro; Venango County; Irwin Township; Harrisville, Pennsylvania