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Emails added into record in Packer windmill hearings

Friday’s hearing, the 24th meeting of Packer Township’s Zoning Hearing Board on the proposed windmill farm for Broad Mountain Power, was held as a mix of in-person, Zoom and telephone.

Attorney Brian Stahl, representing Broad Mountain Power, wanted to place into the record an emailed letter from the Pennsylvania Department of Environmental Protection explaining that the DEP would not issue any of its permits before Packer Township issues a zoning permit for the project.

Attorney Greg Mousseau, solicitor for the zoning board, asked the other attorneys involved if they had any objections to adding this document to the record. There were none.

Mousseau brought up two letters and one email from residents Michele Davis, Dr. John Degenhart and Charles Hellings, all of which had not been added to the record. Two letters were found after the record closed, and the email arrived during the previous meeting.

Asking the attorneys, Stahl continued with his standing objection that these are personal opinions, not expert testimony, with a second objection that these had not been reviewed by Broad Mountain Power’s attorneys for any cross-examination.

Attorney Donald Karpowich, representing landowner Kovatch, agreed with Stahl’s position for his client. Mousseau has a standing response - that these documents would be given the weight that the zoning board sees fit to give them, acknowledging they are not from experts as defined by the rules.

Attorneys Bruce Anders, representing those objecting to the project, and Robert Yurchak, representing Packer Township, had no objections to these being added.

Mousseau then included these into the record of letters and public statements that had been accepted by the zoning board at September’s hearing.

Next up for the Packer Township zoning board is the receipt of findings of fact by or before Nov. 16. The zoning board will then begin deliberation toward a decision, likely in December.