Note: The following is not a verbatim transcript of the Zoning Hearing Board meeting; it is simply one person’s summary of the major points made by those involved in the hearing process.  For that reason, quotation marks are not used unless a direct quote was recorded.  For information about obtaining an official ZHB transcript, contact the New Hanover Township office.

Note 2: Mr. Walter B. Satterthwaite, principal of Walter B. Satterthwaite Assocs., Inc. was unable to attend this zoning hearing board meeting. Satterthwaite has recently undergone knee surgery. He may or may not attend the next meeting.  

David Makara, one of the attorneys representing the Paradise Watch Dogs began cross-examination of Mr. George R. Sengpiel, Gibraltar Rock’s paid certified real estate appraiser.

Makara questioned Sengpiel about his studies of the Plumstead quarry. Sengpiel said he studied the Plumstead quarry area in 1989 before it was opened and found that it would have no adverse effect on residential housing values.  During the 1989 study he looked at 11 quarries in Bucks County and the land values surrounding them.   The Plumstead quarry opened in 1996. He next studied it in December 2001.  In this study he looked at the sale of houses one-half mile surrounding the quarry. This is the study he then compared with New Hanover. 

Makara asked if he did not attempt to value individual houses around New Hanover and he answered yes.  Makara asked if he knew the total sales in the ½ mile surrounding Plumstead and he said none total sales were recorded out of a possible 50 properties in that area.

Makara next asked questions about the similarity between the Plumstead quarry and the proposed New Hanover quarry.  He asked if Plumstead had an asphalt plant and if it would operate at night. Sengpiel wasn’t certain of either. 

Makara asked if he had looked at population growth in New Hanover as compared to Plumstead.  He said he looked at population totals (population totals refer to the number of residents at the time of the study).  He did not look at population growth, which is a figure based on the estimated increase of population into an area (new housing) minus the number of deaths or movement out of the area.  Makara asked him if population growth did not affect real estate values. Sengpiel said it did but that he only looked at totals.

Makara asked if during his study if he gathered any data on the effects of dust on real estate values. He answer was no, because Plumstead quarry is operating in complete compliance with DEP regulations (which, we are to assume means that dust is not an issue, because of the infallibility of DEP).

Makara next asked a series of questions about other potential impacts: noise, water, and traffic.  Sengpiel did not look at how noise or traffic would impact real estate values.  He said he did investigate water table issues. When asked how he said that he interviewed two property owners about their wells---under further examination he said that these two property owners were also real estate agents (no conflict of interest there). 

Makara next quizzed Sengpiel about his Plumstead studies.  Makara asked him again what his finding were in his 1989 study. He said that he found there would be no impact to real estate values of operating a quarry at Plumstead.  Makara asked that when Sengpiel looked at Plumstead in 2001 he was in affect confirming that his 1989 data and findings were correct. He answered “yes”. Makara asked if Sengpiel found (in 2001) that his data of 1989 was wrong, he would have had to say that he was wrong.  Sengpiel said that that was a true assumption. 

Makara finished by asking Sengpiel how many appraisers like him there are in Pennsylvania. He said less than 1000.  Makara then asked if when Gibraltar Rock approached him to do the study they knew that he was the person who had done the Plumstead study, and had presented the findings that the Plumstead quarry would have no impact to residential real estate values, Sengpiel replied that yes they did know.

No other lawyers were available to cross-examine so the solicitor for the Zoning Hearing Board opened the cross-examination to residents.

A number of residents asked questions of Sengpiel. Joyce Webber asked Sengpiel if the condition of the foundation of a home and its structural integrity make it worth more.  Sengpiel said yes. She next posed a question, asking if there were tow identical houses, one with a solid foundation and one with cracks, would the one be worth more than the other. Sengpiel said yes.

Evan Detrick asked questions on the similarities of the two quarries. He asked if both were similar because they would operate under DEP regulations. Sengpiel answered yes. Detrick asked if the fact that one would operate an asphalt plant and would be open until late at night made them dissimilar.  Sengpiel then said he wasn’t sure of Plumstead’s time of operation.

The Zoning Hearing Board’s solicitor next cross-examined Sengpiel about Plumfield, Plumville, and Plumstead quarry. The board’s line of questioning was on purchase prices of properties. They asked if he had checked whether the purchase price of the properties was more or less than the price the seller realized upon selling the property.  Sengpiel said the properties were not sold for less than for what they were purchased.

Francis Recchuiti asked if Sengpiel had gathered the data that Recchuiti had asked for in his cross-examination in February.  Sengpiel said he had. Recchuiti worked him over as he read the data Recchuiti had requested.

Bob Brant, attorney for New Hanover Township also asked Sengpiel had gathered the data that he had asked for in his cross-examination in February.  Sengpiel had not, but that it would be provide by the next meeting.

Stephen Harris, attorney for Gibraltar Rock introduced his next witness, Douglas Rudenko, VP and NE Regional Manager and manager of technical services for Vibra Tech Engineering.    On the Vibra Tech homepage it says that they are “The Vibration Monitoring Experts” and also that, “Vibra-Tech began in 1942 as an organization of blasting seismologists. Today, we specialize in the measurement of vibrations in construction, quarry, and mining operations. We are consultants in the areas of liability seismology, blasting efficiency, structure dynamics and geophysics. We continue to provide the most complete spectrum of sophisticated methods, seismographs and expertise to minimize the effect of vibrations. We also handle the most complex vibration-induced community relations problems.” [We're sure that many in the audience were suitably impressed with the Vibra Tech's PowerPoint slide---we hope to see more next time.]

Harris asked Rudenko to step through is resume.  Rudenko graduated from Penn State with a B.S. in Geophysics. Harris plans to have him testify as an expert in:

·         Ground vibration

·         Effects of blasting on residential structures, pipelines, foundations, and wells

·         Air-over pressure

·         Blast design

Rudenko has been employed by Vibra Tech for 18 years, coming right out of college to begin work with them.  He is a registered geologist and has done blasting design on 50-60 quarries and completed many ground vibration studies.

Bob Brant began is examination of Rudenko’s qualifications.  Brant’s questions were on the amount of time Rudenko spends managing as compared to actual project work. Rudenko said he manages about 30% of his time. Less than 10% is in writing reports and papers, attending trade shows, and providing testimony. 

Brant next asked a series of questions on whether Rudenko had ever testified for a governmental organization, municipality, or community group. Rudenko’s answer was no. Brant asked him if he was therefore a “hired gun for industry”. Mr. Harris objected to the characterization. His objection was sustained.

Francis Recchuiti began is questioning of Rudenko. Recchuiti’s line of questioning was on why Rudenko had not continued for higher degrees in Geophysics.  Recchuiti then asked if there are professional organizations in Rudenko field. Rudenko said there were. Recchuiti asked if these professional organizations had associated standards or qualifications, similar to those in the medical or field of law.  Rudenko was unable to say. 

Recchuiti began a series of questions based on Rudenko’s resume and the items he had listed under “Publications”. Recchuiti asked if the industry organizations had journals and if Rudenko had published in any of these industry journals.  Recchuiti went through the seven top organizations in geophysics, mining, environmental, engineering, and explosive engineering, which Rudenko’s resume indicated he was a member of. Each organization that Recchuiti mentioned had a journal or a newsletter---and for each organization Rudenko answered “No” to the question, “Have you ever had a paper published in this journal?”  

Recchuiti eventually brought out the fact that Rudenko’s “papers” weren’t what is generally thought of as published scientific papers, but more along the lines of papers presented at conferences, conventions, and tradeshows.  [Note: In the world of science and engineering, there is sometimes a distinction between “published paper” and those presented at conferences.  It is the opinion of some that published papers have more “scientific weight” than those presented at conferences---especially if the conference is really a tradeshow, which is more of a sales venue as compared to a research venue].

Recchuiti’s asked Rudenko if he had ever been hired in insurance cases. Rudenko said yes, a homeowners insurance company hired him. Upon further questioning Rudenko indicated that the case was when an insurance company refused to pay a homeowner in a claim, and that he Rudenko was representing the insurance company.

Through a series of questions Recchuiti uncovered that Rudenko did a three-year study, but that it was at the beginning of his career and he was the guy in the field, not the one in charge. Recchuiti asked what he had done since and Rudenko said “broadened my horizons”.  Recchuiti asked if they could agree that Rudenko had not published for any surveys and hadn’t done any research in 13 years. Rudenko agreed.

Recchuiti asked if he was a registered blaster. He said yes. Recchuiti asked if they could agree that he has been invited by blasting companies to lecture blasters, that he is a blasting industry instructor, and that he has an interest in promoting the blasting industry through instruction. Rudenko said yes.

David Makara examined next. Makara asked if there is a test for licensed geologists in PA. Rudenko said yes there is but that he had been grand-fathered in and had not had to take the qualification test.

The meeting ended.

See Also:
Summary of the previous meeting (February 2002)