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.

At this meeting of the New Hanover Zoning Hearing Board, Thomas Comitta of Thomas Comitta Associates, Inc., West Chester, PA. was the witness.  He was presented by Robert Brant, Twp solicitor and examined by Francis Harris, Counsel for Gibraltar Rock.  The testimony began with several exhibits being maps of the quarry area, each exhibit showing other data superimposed on the quarry area maps.  Attention was given to the township’s open space, recreation plans, adverse impact and valuable resources.

Attorney Harris presented several objections.  He objected to spending time on material that he said had nothing to do with the question of a special objection.  Harris, again at this meeting, stated that the area the twp. zoned for HI was not economically feasible for a quarry.  Harris argued that the twp. did not follow due diligence and determine in advance of zoning that the designated area was economical for a quarry.  That being the case, the twp. needed to grant a special exception to allow Gibraltar Rock to quarry in the LI areas.  Comitta countered that he never knew a municipality to do a hydro geological study in advance of zoning decisions.

There was a discussion between Harris and Comitta over principal use and accessory use, technicalities with respect to the Municipal Planning Code.  Comitta agreed with Harris that Gibraltar Rock could put an asphalt plant on one parcel of LI property and a concrete plant on another parcel of LI property, and that Gibraltar Rock could quarry in the HI area, each without any need for a zoning variance.  (Harris likes to use the word “right” as in the land owner has a right to . . .)

Harris argued that all of the discussion about open space, a nearby school, historic properties, traffic, noise and glare were not his problem.  Those considerations could not be used to disallow the special exception.  After all, a quarry is a quarry is a quarry, and Gibraltar Rock can not be faulted for being a quarry.  Obviously, historic sites predated zoning, hence Gibraltar Rock could not be faulted on this point.  The township decided that this was the best place for a quarry when they passed the zoning ordinance.  Comitta disagreed with Harris that this was just another quarry given that the plans included an asphalt plant and a ready mix concrete plant.  Comitta also pointed out that the population in the area had increased since the date of the zoning ordinance.  (This writer is not certain that the school predated the zoning ordinance as Harris claimed.  Comitta might have responded that the school has expanded four times in recent years in response to population expansion.  Also, Comitta might have pointed out that zoning predated the approval of the township for the development of housing and facilities for the elderly, across Route 73 from the quarry, by the Heritage Property Group, Inc.)  At any rate it is clear that the population density and the population characteristics are a matter of dispute both as to numbers and as to relevance.

Harris scored a point when Comitta acknowledged that he did not read the quarry application where it states that the valuable farm land, which Comitta wants to protect and preserve, will be moved aside and stored until such time as it is needed for site reclamation.  (This writer found the site reclamation discussion in the permit application to be vague and not at all specific or as grand as Harris implied).

Comitta pointed out that the mining law requires the protection the land and the use and enjoyment of the land.  Harris responded by saying that if they receive a mining permit that will demonstrate that they comply with the purpose of the mining act. 

Both sides slugged it out to a weary draw.  Comitta will be absent at the next engagement set for September 23 at which time Brant will present another witness.  The above discussion will resume on Oct 29, and if there are any surviving issues they will be aired on Nov. 17.

See Also:
Summary of the previous meeting (July 17, 2003)