Kretschmann Farm, LLC v. Township of New Sewickley

131 A.3d 1044, 2016 Pa. Commw. LEXIS 33
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 7, 2016
StatusPublished
Cited by10 cases

This text of 131 A.3d 1044 (Kretschmann Farm, LLC v. Township of New Sewickley) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kretschmann Farm, LLC v. Township of New Sewickley, 131 A.3d 1044, 2016 Pa. Commw. LEXIS 33 (Pa. Ct. App. 2016).

Opinion

OPINION BY

Judge MARY HANNAH LEAVITT.

Kretschmann Farm, LLC and Donald and Rebecca Kretschmann, husband and wife (collectively, Landowners), appeal the order of the Court of Common Pleas of Beaver County (trial court) that affirmed the decision of the Board of Supervisors» of New Sewickley Township (Township) to allow the construction of a gas compressor station on land adjacent to their organic farm. Landowners contend the Township erred because its written decision and order did not address Landowners’ evidence that the proposed compressor station will adversely affect the public health and welfare. They also assert that the trial court erred by denying them the opportunity to present additional evidence in their land use appeal. We affirm.

Background

On May 1, 2014, Cardinal PA Midstream, LLC (Cardinal) filed a conditional use application with the Township to build a gas compressor station on property located in the Township’s “A-l Agricultural District.” Section 6.2 of the Zoning Ordinance2 lists conditional uses authorized in the A-l Agricultural District, and one such use is a compressor station, subject, to “standards and criteria specified in Subsection 16 herein.” Zoning ORdinance, art. VI, § 6.2; Reproduced Record at 899a (R.R. -).3 The Zoning Ordinance defines a “compressor station” as:

One or more enclosed insulated building, housing compressor units, that are to be designed compatible with other structures in the area and designed and constructed to compress natural gas and/or oil that originates from a.gas and/or oil well, or collection of such wells, operating as a midstream facility for delivery of gas and/or to a transmission pipeline, distribution pipeline, processing plant or underground storage field including one or more natural gas and/or oil compressors associated buildings, pipes, valves, tanks and other equipment.

Zoning Ordinance, art. II, § 3.1; R.R. 897a-98a. Cardinal’s compressor station will consist of two buildings and four compressors on an 11.2-acre pad, which is part of a 46.64-acre parcel about to be acquired by Cardinal.4 Cardinal’s compressor station will prepare natural gas produced by PennEnergy Resources, LLC for market.5

On July 2, 2014, the Township scheduled a public hearing on Cardinal’s conditional use application. At that hearing, Cardinal presented testimony from Greg Muse of PennEnergy as well as testimony from Cardinal’s employees and consultants: Thomas Baskin, Lauren Parker, Reggie Keith, and Brian Hoffheins.

Muse provided a history of PennEnergy operations, which included slides depicting [1048]*1048its existing oil and gas sites, from the construction phase to completion.6 Pen-nEnergy plans to connect four of its natural gas wells to Cardinal’s proposed compressor station, which will “gather the gas,” ie„ separate the condensate, a type of ultralight oil, from the gas. Cardinal will then transport the condensate to market.

Thomas Baskin, Cardinal’s viee-presi-dent of construction, testified about Cardinal’s operations. He explained that under the joint venture, Cardinal will process PennEnergy’s gas at multiple compressor stations in Beaver and Butler Counties, some of which are already operational. Baskin introduced Cardinal’s management team and detailed its experience in the natural gas industry. He testified that the compressor station will incorporate pollution prevention and control measures that will be reviewed and approved by the Pennsylvania Department of Environmental Protection (DEP).

Lauren Parker, a licensed professional engineer, testified that Cardinal’s erosion and sediment control plan had been submitted to DEP. In response to the recommendations of the Township’s Planning Commission, Cardinal made site plan adjustments. For example, it will undertake landscaping to block the visibility of the compressor station from neighboring landowners and the road.

Reggie Keith; Cardinal’s noise consultant, testified that the compressor station will conform to the noise standards in the Township. A muffler will be installed on each compressor, and each compressor building will be insulated. Keith testified that Cardinal is committed to mitigating noise from the compressors.

Brian Hoffheins, Cardinal’s traffic consultant, testified about the driveway and traffic. He identified the driveway’s proposed location off Teets Road and explained that Cardinal is still reviewing comments from the Township’s engineer. He stated that once the compressor station is built, truck traffic will average six trucks per day.

The Township permitted residents in attendance to ask questions. Donald Kretschmann stated that he has operated an organic farm for 40 years and complained that the area has become more industrial over time. Rebecca Kretsch-mann noted that the stated speed limit of 45 mph on Teets Road is often violated. Further, the road curves close to Cardinal’s proposed driveway, which may present a danger. Others in attendance asked questions, principally about traffic and noise. Mr. Kretschmann complained that the focus should not be on noise emitted by the compressors, but upon gas emissions. After posing questions on noise and traffic, the Township scheduled the next hearing date for July 23,2014.

At the second hearing, Cardinal presented responses to the questions of residents and Township officials. Hoffheins testified that after the first hearing, he met with Township officials to address traffic, and this prompted the submission of updated reports. He also addressed the driveway construction.

Mark Ward, Cardinal’s chief operating officer, testified that the compressor station will be state-of-the-art, with equipment installed to control gas emissions. He noted that Cardinal has placed its compressor stations next to farms in the past and without incident. Ward then went through a PowerPoint presentation demonstrating the compressor station’s compliance with the Zoning Ordinance.

[1049]*1049Christie Wilson, Cardinal’s air quality compliance consultant, explained the DEP permitting process. First, DEP will issue a construction permit to allow Cardinal to construct one of its four planned compressor stations. DEP then inspects the constructed station. If it is satisfied that Cardinal has complied with the terms of the construction permit, DEP will issue an operating permit. Thereafter, DEP will do periodic inspections to ensure compliance with the operating permit. In addition, Cardinal must meet or exceed federal air quality standards enforced by the Environmental Protection Agency (EPA).

Richard Weber, the Chairman of Pen-nEnergy, testified that PennEnergy is committed to safety and excellence in its operations. He stated that PennEnergy has signed oil and gas leases with 678 landowners in the Township, representing approximately 71% of the Township’s property. Weber opined that the Township stood on the verge of developing its natural gas reserves in an environmentally sound way that will generate significant royalties to the residents for decades.

Township officials then opened the hearing to comments, which both supported and opposed Cardinal’s conditional use application.7 One resident expressed concern about a pipeline PennEnergy wants to place on her land.

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Cite This Page — Counsel Stack

Bluebook (online)
131 A.3d 1044, 2016 Pa. Commw. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kretschmann-farm-llc-v-township-of-new-sewickley-pacommwct-2016.