Planned broiler houses for Beagle Road approved by Bethel planning commission

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Bethel Township Planning Commission unanimously approved Tuesday a land development plan and three requested zoning waivers for a planned poultry operation in the 500 block of Beagle Road. 

The waiver requests and land plan, which comes with a time extension request to July 17, must still receive final approval from township supervisors to move forward. Those items are expected to be on the board’s April agenda. 

Before approvals were given, there was lengthy discussion concerning construction of vegetation, trees, or a wooden fence following concerns voiced by neighbor Rick Sauer, whose property would be closest to the proposed broiler houses. The options were considered as a barrier between his property and Michele and Daryl Grumbine, who own a farm at 520 Beagle Road. 

The discussion focused on solutions such as a fence with one or two rows of plantings, such as arborvitae or pine trees, or a 6-foot vinyl fence instead of a wooden one of the same height.

“I first thought the fence was a good idea. However, with the prevailing west wind that’s there … what happens when that gets (damaged), that’s my only question. Who’s gonna maintain it?” Sauer said. “Because I’m sure I’ve seen enough fences that are looking like this because the wind keeps blowing and blowing and blowing them. I’m kind of torn between do I like the fence or do I like the (living) buffer?”

Township engineer Matt Mack gave his opinion on the options, but emphasized that the decision was not his to make.

“You’re right, in 20 years, (the fence) is going to probably look horrible. But the trees in the beginning – and I’m not for one or the other, I’m just giving you (my opinion) – the trees in the beginning are going to be a nightmare to get all those established,” Mack told Sauer. “Once you put the fence up, it’s done.”

Bert Nye of Nye Consulting Services brought along multiple versions of the final land development plan, one containing a fence and another showing plantings. Nye told board members that the plan with a fence includes three spruce trees that would complement existing vegetation.

It was noted that the selected plan would be submitted to supervisors following the addition of the requested waivers.

“So he’s gonna show this on a record land development plan, the fence or the trees. There’s an ($90,000) escrow in place,” said Mack, about funds set aside for the tree project. 

Mack also answered Sauer’s question about liability. 

“The trees are much harder to maintain … (but) they have to continue to be maintained and kept there,” Mack said. “So let’s say 20 years from now, you say, ‘Hey, the fence is down,’ or something. We can always point back to the approved plan and say, ‘Hey, you gotta put that fence back up.’ It was depicted on the record plan here, you’re in violation of the land development ordinance for it.”

Commission chairman Dale Snader asked why a vinyl fence wasn’t being considered. Nye said a wooden fence was the preference of the property owners.

“Our intent was to establish a screen,” Nye said. “This is actually above and beyond what anybody else I’ve seen in all my years here on a farm proposed with a thousand feet of trees along this edge and then basically another thousand feet of trees along this side.”

Snader responded to Nye’s comment about why the plan goes “above and beyond.”

“Well, there’s a reason for that. You’re jamming these chicken houses in a small space with a lot of neighbors,” Snader said.

The spacing issue was also a prior concern of Sauer’s until that question was answered at the March 12 meeting of Bethel Township supervisors. During discussion at that meeting, Harrisburg attorney Charlie Beckley told Sauer that state law supersedes the township ordinance. 

Although the setback requirement in Bethel Township is 200 feet, the closest chicken house is 111 feet from Sauer’s property line, which is allowable by state law concerning nutrient management and odor plans, according to township solicitor Andy Morrow. 

“I must conclude that under the law of Pennsylvania, the township’s going to have to follow the order of the action plan. I understand that no one likes to be told what to do. The reality is there is a Pennsylvania Supreme Court case that was decided seven years ago that made it very clear that the, I’ll call it the cousin, the nutrient management plan absolutely preempts any local regulation that would, I don’t wanna say conflict, but would make it more arduous,” Morrow said during the supervisors’ meeting last week.

Morrow added that Section 519 of the Nutrient Management & Odor Act “clearly states that no work in the regulation of the portable subdivision may regulate the management of owners generated from animal housing or manure management facilities regulated by the chapter of the Municipal Ordinance of Regulation is in conflict with this chapter.”

Title 3 of the Act states: “No ordinance or regulation of any political subdivision or home rule municipality may prohibit or in any way regulate practices related to the storage, handling or land application of animal manure or nutrients or to the construction, location or operation of facilities used for storage of animal manure or nutrients or practices otherwise regulated by this chapter if the municipal ordinance or regulation is in conflict with this chapter and the regulations or guidelines promulgated under it.”

Morrow provided the caveat that while state law overrules a local ordinance, land owners must comply with the nutrient plan requirements and also can’t decide to build closer than what’s stated in the land development plan, meaning the building must be 111 feet away from Sauer’s property line.

It was noted at both meetings that the manure storage facility is not in proximity to Sauer’s property line and that the venting fans for the chicken houses are positioned at the end of the buildings pointed away from his land.  

Sauer’s concerns about the closeness of the one house eventually led to the decision Tuesday to plant two rows of 6-foot trees, with it being noted that the minimum height is required under an existing township ordinance.

Neighbor Allen Seyfert asked Tuesday about water usage by the farm and was told water usage is regulated by the Pennsylvania Department of Environmental Protection and the Susquehanna River Basin Commission. He was told the daily withdraw limit is below the 10,000 gallons maximum that’s permitted.  

Waiver requests

One approved waiver request concerned widening the roadway, according to Nye. 

‘We are asking for the roadway improvements but improving the area along the roadway where the trucks are making their movements so that they’re able to make a full ingress egress without crossing the center line of the road. It’ll be paved as requested and required under the township ordinance for that end,” Nye said. 

The second approved waiver request was to avoid construction of a second access road as required for properties containing buildings over 20,000 square feet. Nye said the fire company had provided a letter saying the additional access isn’t necessary. 

The final waiver granted concerned water retention basins with it being stated that the land development plan meets National Pollutant Discharge Elimination System requirements, which exceed the current township ordinance. 

Shirk Road sidewalk discussion

Another lengthy discussion without action concerned a required sidewalk along Shirk Road as part of the Northern Lebanon High/Middle School renovation project. 

There is about 300 feet between the western end of the school property, where there’s existing sidewalk, and residential homes along Shirk Road.

Mack told commissioners that while no neighbors oppose the planned sidewalk improvement project, their biggest concerns are ongoing stormwater runoff issues. One area is particularly problematic given the lay of the land and the distance from the highway to where the sidewalk would be located.

“I think the minimum we show on that is two feet, and that’s in front of the Shirk’s house where it gets really tight,” Kinzey said. “They have all this nice landscaping and their terrain drops off hard too. We think it would be best to not increase the impervious (area) that’s already going on there.” 

Engineer Alex Kinzey of Steckbeck Engineering said the goal of the school district, which is his client, is to connect the existing sidewalk with a new one. He warned that some possible solutions could lead to a need to create new plans. 

While a number of ideas were suggested, no decision was made. It was noted that the district hopes to bid the project in the near future so the required sidewalk can be built before school commences this fall.

Other board business

In other business during a 90-minute meeting, the planning commission voted unanimously, unless otherwise noted, to: 

• Review a mobile park expansion plan as submitted by Palmyra Homes Inc.
• Pass the Dew-Mist Farms’ preliminary/final subdivision and land development plan so it can go to supervisors for consideration.
• Grant a time extension to June 24 for the Lebanon Solar 22 solar farm projects.
• Allow a time extension request to Oct. 9 for the Bell & Evans’ Cook Plant project.
• Accept a time extension request to May 15 for the Bell & Evans’ grain storage facility to be constructed along Legionnaire Drive near U.S. Route 22.
• Give a time extension to Oct. 5 for the Plant 2 parking expansion preliminary/final subdivision and land development plan for Bell & Evans. Plant 2 is behind Esther’s Restaurant.
• Provide a letter for an on-lot planning exemption to the Jay and Miriam Weaver project since most of it is in another municipality.  
• Agree to forward a request for a sewage planning exemption/plan revision for Bell & Evans’ planned cold storage and tray packing facilities at 241 Blue Mountain Road.
• Accept a time extension request to May 15 for the Bell & Evans’ transportation center preliminary/final land development plan. Other action items for this project included waving a required sidewalk and waving a required second access point following a review by Fredericksburg Fire Company officials. The board also voted to send this plan to supervisors for their approval.  
• Provide a time extension request to May 20 for the Jeff Brubaker minor subdivision and land development plan for the project at 228 S. Pine Grove St., Fredericksburg.
• Permit a time extension request for the Christ Lantz subdivision/stormwater management plan to July 20. On a separate item involving this project, they also voted to send an awareness letter to PennDOT concerning a highway occupancy permit. Commissioner Christine Spangler abstained from voting because she is a PennDOT employee.
• Approve the minutes of their Feb. 17 meeting.

Next meeting

The Bethel Township Planning Commission meets the third Tuesday of the month at 7 p.m. in the municipal building, 3015 S. Pine Grove St., Fredericksburg. The next meeting is scheduled for April 21 at 7 p.m.