The Issues in Brief  (as of 10/30/09)
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The following is a brief summary of Gibraltar Rock 1 (GR1), Gibraltar Rock 2 (GR2), and GR3.

In 2001, Gibraltar Rock Inc., owned by John and Larry Silvi, applied to New Hanover township for permission to develop a 400' deep hard-rock quarry on 163 acres in New Hanover Township.  They also want to operate an asphalt plant, crushing plant, and ready-mix concrete facility. The township denied their permit. 

Since 2001 Gibraltar Rock has been appealing the denial through a series of zoning hearing board meetings, which have become known as GR1. Since then, attorneys for Gibraltar Rock and the township have presented expert witnesses. 

In January 2003, Gibraltar Rock announced that it had purchased an additional 76 acres of land, bringing the total to 239 acres. The township told them that the additional 76 acres constitute a new application, with a new series of zoning meetings, which began March 18, 2003, and which have become known as GR2.  See a summary of all zoning hearings.

In May 2007, GR1
concluded. The Zoning Hearing Board granted a special exception to allow quarrying in the “heavy industrial” district only and stipulated more than twenty conditions. Gibraltar Rock filed an appeal on this decision, and the appeal is still pending before the Court of Common Pleas.

The GR2 zoning hearings concluded in August 2009.  All the participating attorneys will submit their “findings of fact and conclusions of law” to the Zoning Hearing Board on November 16, 2009.  There will be a public meeting on January 7, 2009, at which time the New Hanover Zoning Hearing Board will announce their decision regarding the GR2 Application.

There was one GR3
meeting before the Zoning Hearing Board in early 2008.  This application would comprise over 60 acres, 50 of which are in an area zoned “residential”.  By February 2008, all zoning hearings for the GR2 and GR3 applications ceased.  By June of 2008, the township announced that Gibraltar Rock, Inc. and the township were “talking”.  In September 2008, the township admitted to negotiations with Gibraltar Rock.  At the Board of Supervisors meeting at the end of January 2009, the Board announced there was a “Stipulation Agreement” between Gibraltar Rock and the Township and that there could be a vote on the agreement in February 2009.   The Board of Supervisors announced that the residents would not be able to view the agreement until just before a vote was taken.

The Paradise Watchdogs/Ban the Quarry objected, and the Township agreed to conduct two public meetings on March 16 and March 30, 2009.  Special counsel for the township read a “summary” of the stipulation agreement to those present.  Following the March 16th meeting, and at the request of the Paradise Watchdogs’ attorney, the Board of Supervisors agreed to release the Stipulation Agreement to the public for review.  At the March 30th meeting, many residents questioned the details of the Stipulation Agreement and voiced their objections and concerns.

The Township allowed an additional meeting on April 13 and entertained additional questions from residents on the proposed Stipulation Agreement.  At a special meeting on May 11, 2009, the Board of Supervisors announced the decision not to vote “for” or “against” the stipulation agreement but to allow it to expire at the end of May, 2009.  At the request of many township residents and the Paradise Watchdogs, the Board agreed to resume the GR2 and GR3 hearings.

Depending on any decision, there are three levels of appeal:  Pennsylvania Common Pleas Court, Commonwealth Court of Appeals, and finally (if necessary) the Pennsylvania State Supreme Court. 

This entire process has taken eight and one half years to this point.

 

This page was last updated October 30, 2009.
Paradise Watch Dogs
BAN the Quarry
P.O. Box 115
Frederick, PA  19435

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