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Wells again a hot topic

Group wants overlay zone

ADAMS TWP — The township supervisors Monday night once again heard from the group wanting a two-mile overlay zone around the schools in the Mars School District before six Marcellus Shale natural gas wells are drilled on Denny Road, but this time they also heard the opposite point of view.

Charles Clark asked the supervisors to consider joint municipal zoning with neighboring Middlesex Township, where the wells are to be located. He also requested that the planning commission meet with the overlay community group weekly or bi-weekly to get the process under way to make the zoning changes to keep the wells out.

The group has consulted with Jordan Yeager, a Philadelphia attorney who was instrumental in having portions of the state Act 13 law overturned. That returned certain zoning rights to municipalities regarding gas well drilling.

Yeager has advised the group that the supervisors are within their rights to deny drilling in areas not zoned for industrial uses.

But Adams solicitor Mike Gallagher cautioned the supervisors against joint zoning with a neighboring municipality because the supervisors have always said that it was important to zone specifically for Adams residents.

“I’m not sure if you’re in a position to do that at this time,” Gallagher said about joint zoning.

Regarding the meetings the group has requested with the Adams planning commission, supervisor Vice Chairman Tom Franceschina reminded Clark that the planning department, the township engineer, and Gallagher are working together to determine the supervisors’ rights when it comes to drilling.

Franceschina said the group has come up with a few ideas that will be presented at the May 7 supervisors meeting. He said no additional meetings between the planning commission and the overlay group would be scheduled until that presentation.

But resident Joan Simmons said her attorney advised her that the supervisors cannot remove the financial gain of people who have signed leases.

“The township would be faced with lawsuits because you would be responsible for providing people with what the township has taken,” Simmons said. “I’m assuming you have looked at that.”

Clark said the group will attend the Middlesex Township supervisors meeting at 6:30 p.m. Wednesday to propose the same overlay and to make a request to go before their zoning board with the overlay idea.

Two of the three Middlesex supervisors plus the township manager attended the Adams meeting Monday night. After the meeting, they said they came as observers.

If either township decided to enact the overlay, the zoning change would require a public hearing and 30-day public notice period.

Rex Energy on Friday submitted it’s permit request with the state Department of Environmental Protection in Meadville. It is not known how long it will take DEP to issue the well permits.

The wells are proposed for the Bob and Kim Geyer property, which is within one mile of all five Mars school buildings.

The overlay group has environmental and safety concerns should the wells be drilled so close to the schools.

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