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Zoning Hearing re: Buck Hill Falls Water Company

[Update 4/12/18]
At the Supervisor's Meeting on Wednesday, April 11, 2018, it was announced that the appeal was decided in favor of the supervisors.  Stay tuned for further updates.  

[Update 9/13/17]
At the Supervisor's Meeting on Wednesday, September 13, 2017, it was announced that the supervisors have appealed the zoning board's decision.  Stay tuned for further updates.  

On July 31st the Barrett Zoning Board decided at their hearing that Buck Hill’s appeal to be able to sell their water is upheld. The ruling by Barrett’s Zoning Officer to not allow the sale was overturned. This decision was based on legal rationale and case law which support state Public Utility Commission regulations superseding local ordinances. The vote was 2 to 1, with Richard Price and Ralph Fish voting for the appeal to stand and Jill Shoesmith voting against.

The next step in the process will require Buck Hill Water Company to submit a development plan to both the Monroe County Planning Commission and to Barrett for review in meeting Barrett’s Subdivision Land Development ordinances. However, it is unclear if any disapprovals would be legal given the rationale for the decision described above.

After the Monroe County Planning Commission and Barrett receive the development plans, they have 30 days to review. The review process could take longer given extensions in time given to address concerns. And the date of submission of a development plan from Buck Hill Water Company is not known. Given this, the approval process could take months or even years.

In attendance at the meeting were Barrett’s Zoning Commission members listed above, Supervisor Bill Pipolo, Sewage Enforcement Officer Jeryl Rinehart, candidate for Supervisor Patti O’Keefe, a representative of Brodhead Watershed Association, and about 20 residents.

- Ethel Huff
Canadensis, PA


Comment from Local Realtor

"I (was unable to) attend but my opinion is that this is not a good idea for our area for so many reasons especially traffic and roads.

There is only so much water. In our experience we have seen many wells run dry and we cannot take a chance for our homeowners."


 

Last modified on Thursday, 12 April 2018 16:53
Comments   
0 #3 Nate 2017-08-09 15:39
@Joan - the "briefs" that were submitted by each sides' attorneys to the Zoning Board in advance of their decision announced 7/31/17 are public record. You can submit a freedom of information act request to the township and review these documents.

http://www.barrettcommunity.com/images/pdf/rtk/RTKRequestForm.pdf

If someone has a copy already please send a PDF to and I'll include it on this page.
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0 #2 Joan S. Ruvane 2017-08-01 16:23
I'd like to see references to the case(s) law that backs up the Zoning Board decision. Hopefully, PUC and DEP will exhibit stiffer spines and block the project - if the Barrett Supervisors can't get it done first. Building a water-filling station in a Conservation District is a travesty, adds noisy, heavy trucks to Routes 390 and 191 and may harm our Buck Hill Creeks environment and impede the Buck Hill Falls Company effort to expand the community (badly needed for survival.)
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0 #1 Lee 2017-07-31 18:19
This will mess with the water table and the roads. They will give you all this crap data on how it will not effect us, but it's all paid for to be in their favor. Just check out what's happening where other cities allowed this to be done.
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