HomeMy WebLinkAbout95-6890 Civil (Bayley J Concur)EASTERN CONSOLIDATION AND
DISTRIBUTION SERVICES, INC.,
BARON ENTERPRISES, HUGO
SERVICES, INC., EASTERN REPAIR
CENTER, INC., NEW PENN MOTOR
EXPRESS, LEBARNOLD, INC. AND
ARNOLD INDUSTRIES, INC.,
APPELLANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BOARD OF COMMISSIONERS
OF HAMPDEN TOWNSHIP,
APPELLEE
and
WASTE MANAGEMENT OF
PENNSYLVANIA, INC.,
INTERVENOR
95-6890 CIVIL TERM
CONCURRING OPINION
BAYLEY, J.
I agree with the order entered by the Honorable J. Wesley Oler, Jr. affirming
the decision of the Board of Commissioners of Hampden Township that approved a
land development plan for a solid waste transfer station proposed by Waste
Management of Pennsylvania, Inc. I write separately because I believe that such a
facility clearly constitutes a permitted use under Section 1403, No. 18 of the
Township's zoning ordinance allowing distribution plants in an I-G, Industrial-General
District. Intervenor's plan is to bring solid waste to the transfer station and then
consolidate that waste int° larger shipments for transfer to disposal facilities.
Garbage in and garbage out constitutes a distribution plant as defined in Judge
Oler's opinion. I disagree, however, with intervenor and the Township, that the
95-6890 CIVIL TERM
proposed facility falls within Sections 1403 and 1404 of the zoning ordinance allowing
a freight terminal or freight yard, the bulk storage of petroleum and similar products, a
truck terminal, a warehouse or a junk yard in an I-G, Industrial-General District. See
Equilibrium Equities, Inc. v. Board of Supervisors of Middlesex Township, 45
Cumberland L.J. 417 (1996).
Eugene E. Dice, Esquire
William W. Thompson, Esquire
For Appellants
Edgar B. Ba~,ley, J~
Richard C. Snelbaker, Esquire
For Appellee
Michael Finio, Esquire
Anthony P. Forte, Esquire
For Intervenor
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