Objections
aside, board OKs drilling
By Amanda Cregan,
Intelligencer, February 10, 2009
The zoning hearing board will allow Arbor Resources to drill
for natural gas.
Natural gas drillers have won in Nockamixon.
In a 2 to 1 vote, members of the township's zoning hearing
board sided with gas drilling company Arbor Resources on Monday night in a battle to open up natural gas wells in Upper Bucks.
Board Chairman Dave Wolfinger and former alternate member
Clarence Berger voted in favor of the gas drilling case. Without any comment, board member Lance Arbor (not connected to the
gas drilling company) voted against.
Wolfinger told a crowded audience that, although the state's
municipal code gives local authorities some leeway, he believes Pennsylvania's Oil and Gas Act prevails.
"It's my opinion that the township zoning ordinances go
too far in restricting oil and gas drilling," said Wolfinger.
Berger declined to comment on his vote.
The decision is an important first step for Arbor Resources,
which has already signed with 250 homeowners who are ready to drill on their properties.
It was a heartbreaking moment for Nockamixon Supervisor
Chairwoman Nancy Janyszeski.
She fought back tears as she tried to swallow her anger
with the board's decision.
"I think the three people who made this decision have gas
leases on their property. It's all about gas drilling," she said. "I'm very disappointed."
In fact, the three men do have gas leases with the company,
but chose to proceed with the case anyway and render a decision on an oath of objectivity.
The other two members, who do not hold gas leases, were
absent from the initial hearing in November. Zoning hearing boards operate as quasi-judicial boards and are not under the
authority of municipal supervisors.
If supervisors disagree with a decision of their municipality's
zoning board, they have the option to challenge the decision in county court.
If the board members had decided to recuse themselves from
the gas drilling hearings because of their conflict of interest, Arbor's case against the validity of township ordinances
regulating gas drilling would have been automatically denied.
Township Supervisor Bruce Keyser said the zoning hearing
board handed down the wrong decision.
"It's not for the good of the township," he said. "I'm sick
and tired of people all up for the environment until it carries over to the pocketbook."
Nockamixon supervisors maintain they have the right to protect
Nockamixon from possible pollution and groundwater contamination.
Supervisor Al Santopietro vowed to take their fight to a
higher court.
"I think we're doing the right thing for this community.
It's not just Nockamixon. It's for all the townships in this area."
Residents on both sides of the fence packed the municipal
building Monday night to hear the zoning hearing board's vote.
Resident James Diamond says he and his neighbors have the
right to make money from the rock thousands of feet below their properties.
"If there is gas in the rock area here, that's a resource
that people should have access to. They have a right to produce income for this rural township here."
Resident Matt Koreck fears the drilling process will destroy
Upper Bucks' environment and groundwater supply.
"I want to be part of this group that said they were here
before our water is flammable. People don't realize the chemicals they (drilling companies) use. The DEP doesn't even know,"
he said. "People are asleep. They don't know. They don't care."
Resident Paul Difilippo agreed.
"I think it could be an ecological disaster," he said. "I
think it's a disgrace that three people can do this to 3,000 residents with a so-called oath of objectivity."
Before the oil rigs can move into town, Arbor Resources
must obtain state permits to drill on each property from Pennsylvania's Department of Environmental Protection.
http://www.phillyburbs.com/news/local/the_intelligencer/the_intelligencer_news_details/article/27/2009/february/10/objections-aside-board-oks-drilling.html
