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Using commercial vehicle in private development discussed

Penn Forest board of supervisors met earlier this week and considered whether or not a business operator driving commercial traffic in and out of a private development in Penn Forest Township warranted township intervention.

Supervisor Alan Katz said that there was no ordinance to prohibit commercial vehicles. Katz said that a homeowner can go to the council in their development and have them bring a private lawsuit against any violations committed. The township should not have to litigate these matters within private areas."What has zoning got to do with it?" Katz asked.To prevent commercial vehicles in the road a member of the public suggested putting boulders across it since it is a private road. People laughed."We could shut him down because he hasn't come to us for approval," said board Chairman Paul Montemuro.Montemuro was concerned about the business owner conducting business without the required permits. No one knew if business owner Scott Dietrich was doing anything wrong. In May several people came before supervisors stating concerns over Dietrich, who reportedly uses "light recreational use" to explain his commercial vehicle usage throughout one development and into another several times a day.Montemuro at the time requested written authorization providing permission for the township zoning personnel to have access to the property for inspection. In May, he requested all of the access communities that Dietrich passes through to have something in place to require permission for commercial use. Montemuro said with this in place, the zoning office will be able to take action.The zoning officer was unsure how to proceed and it was not obvious a resolution in the matter would be forthcoming.Supervisors didn't offer resident Greta Martocci much consolation or specifics regarding another upcoming Warrior Dash event, but an official source confirmed the dash was likely in the future, perhaps on a less jam-packed Pocono weekend, and more organized by area officials who now know what to expect.Montemuro said his business was negatively affected. On June 10 and 11 the event caused headaches for some businesses and homeowners along State Route 903 and Route 534, causing traffic and parking congestion. In addition, the event was scheduled during a major NASCAR weekend at Pocono Raceway.The two events collided as waves of 500 contestants/registrants move out each half-hour from 8 a.m. until 7 p.m., starting on a three-and-a-half mile course of bends and stunts to finish the race.Martocci spoke on behalf of those residents who were baffled by the extreme difficulty in getting to Mass and others strained or held back by the event. Most couldn't get out onto Route 903. Saint Peter The Fisherman in Lake Harmony was ill-equipped to serve parishioners, and many did not get there that weekend, said Martocci. Supervisors said the event wasn't coming back to Penn Forest.Supervisor Warren Reiner said it was a waste of money to spend $3,256.86 to send Supervisors Montemuro, Katz and Floyd Day to attend the National Association of Towns and Townships Town Meeting he said.Penn Forest Planning Commission has been working for two years to put into motion a comprehensive Zoning Ordinance Book for the township but not without major obstacles, such as member changes including not having a quorum due to the death of longtime Supervisor Harry Connolly in April. It finally passed last month and now can be viewed in the Carbon County Law Library for residents of Penn Forest seeking information on zoning guidance in the township.At the Penn Forest board of supervisors last month, supervisors withdrew Mathew Shutter's sworn appointment to the planning commission. Supervisors were told that Schutters appointment to the commission last month and subsequent swearing in at the commission meeting on July 25 was not valid. According to township secretary and treasurer, Lynne Humphries, the Pennsylvania State Association of Township Supervisors ruled that a planning commission must consist of a 3, 5, 7, or 9 member board.The planning commission shuffle began just after Todd Smith resigned and Supervisor Alan Katz motioned to remove David Hish's appointment. It concluded with supervisors bringing on board three new commission members, including alternate Schutter to move forward on passing a Zoning Ordinance Book that has been in the works for two years.Last month, township supervisors appointed Sal Baldassano, David Swinkowski and Schutter to the five-member planning commission. Baldassano and Schutter are running for the supervisors seat left vacant by the death of Connoly, who lost in the election shortly before his death to Democrat Christine Fazio. She remains a strong contender for the vacated seat. Katz motioned to "unappoint" Schutter and it passed unanimously last month.Schutter was not at the meeting where he was unsworn, but did attend the July 25 planning commission when he was sworn in by attorney Tom Nanovic to fulfill his duties as a commission member and review the zoning book, in addition to Baldassano and Swinkowski, who were also sworn in and who approved the book to go before the township supervisors for approval.Last month the supervisors approved the Zoning Ordinance Book and it was reported by the zoning officer that copies had been sent to the county as required.Those who attended the planning commission's public meeting to respond on the two-year Final Review of the Zoning Ordinance Book were planning commission members Herb Green, Al Heydt, Schutter, Swinkowski, Baldassano, Hanover Engineer Scott Brown, Transfer Station and Septic Department Cindy Henning, township secretary and treasurer Lynne Humphries, and one member of the public who asked the engineer about a well ordinance and Marcellus Shale Drilling.Discussion ensued between planning commission members over implementing ordinances into the Final Zoning Ordinance Book at a later date.Township supervisors have been reviewing a sample ordinance similar to the ones passed by neighboring townships which it was noted Nanovic has been researching for Marcellus Oil and Gas drilling, Humphries said.The resident asked the planning commission, most newly appointed, if everything was set in place.Governor Tom Corbett's Marcellus Shale Advisory Commission released its report on July 22, 2011 after a two-month study detailing the advantages of an impact fee on drillers in Pennsylvania and PSAT's is supporting the report. It is anticipated that Penn Forest Township will support PSAT's recommendations regarding Marcellus Shale and natural gas exploration since it is a subscribing township.Brown laid out the blueprints during the planning commission's public meeting on the township zoning book to show Penn Forest Township's largest landowners are Bethlehem Water Authority and Lehighton Water Authority, in addition to private developments, green space and wet lands.If they want to build they can pretty much do it, Brown told a resident who was concerned about sprawl. In addition, Brown discussed briefly that meeting some issues regarding water and drilling associated with the shale gas industry when asked by the resident about possible contamination of wells.Also, during the meeting of July 25, the solicitor gave documents to the new planning commission from the Urban Research and Development Corporation in Bethlehem, summarizing major policies which did not appear to be an easy read for any of the members including the newest ones.A recommendation was made by the planning commission to move the New Zoning Ordinance Book for immediate approval to township supervisors. On Monday night, zoning officer Darlene DeCurtis said copies were available for inspection at the law library.