DuBOIS — The Sandy Township Supervisors denied, at Monday’s meeting, another extension request made by Aqua Pennsylvania Inc. regarding its application for construction of a new filtration plant in Treasure Lake.
Summarizing the chain of events, township Solicitor Greg Kruk said proceedings began for the modification of the Planned Residential Development at Treasure Lake at the request of Aqua in January.
That was followed up by a request by Aqua that the proceedings be stayed, meaning just suspended for at least 100 days, Kruk said.
“They were looking at other sites. They’ve come back at least twice stating that they wanted to extend the stay. At the meeting in July, you (supervisors) agreed to give them an additional 30 days,” Kruk said.
After the July meeting, Kruk sent a letter to the attorney for Aqua and to another party who is to hear the dispute. The letter stated that the supervisors granted the June 29 request by Aqua to suspend the stay until the regular meeting on Monday.
“If a further request is made and denied or if no further request is made then the supervisors will close the Sandy Township ordinances,” said Kruk, quoting his letter to Aqua.
At Monday’s meeting, the supervisors were given a copy of the letter from Aqua requesting an additional period of time.
“I won’t read the whole request but it indicates that they were looking at two potential sites,” said Kruk. “But then they discovered that one of the potential sites does not appear to be favorable because of deep mining concerns. So they were again requesting another suspension/stay for 60 days. And then it goes on to say, or until the board of supervisors’ October meeting, whichever first occurs.”
Supervisor Mark Sullivan made a motion that the township deniy the request and close the record.
Supervisor Dave Sylvis seconded that motion, which was approved on a 5-0 vote.
Betsy Hooven, who lives on Barbary Coast Court adjacent to the proposed location of the well station, asked if the supervisors will now vote on the modification request.
“Does that need a vote to deny?” asked Hooven.
“That’s correct. They were asking for a continuation of a stay, which is a stoppage of time,” said Kruk. “So now it goes back to where it was when they first asked for it and the supervisors, since they closed the record, would now make their decision.”
Kruk said he believes the municipality’s planning code gives the supervisors up to 100 days to make that decision.
“We have a transcript that’s probably that thick, of that (public) hearing that evening and what was said,” Kruk said. “So now they have to make a decision. And they do it in executive session, which means that they don’t do it in a public session. Just like a judge makes a decision in court, he doesn’t come out and go back and forth with his crew, with his clerks, et cetera. He makes his or her decision and then announces it, so the decision will be announced at a future meeting.”