Sep 27, 2002 By Amy Karpinsky 4 min read

An offer by a North Union Township property owner to provide additional information to the Fayette County Zoning Hearing Board about the strip mining operation he wants to have on his land was refused when the ZHB solicitor said having a discussion would be inappropriate. Following four public hearings on Wednesday afternoon, attorney Gary Altman and a group of people approached the ZHB to foster a discussion. Altman disputed claims that last month’s inaction by the ZHB on the issue was equal to a denial.

In early August, the ZHB heard a hearing in which Purco Coal Inc. was seeking a variance on property zoned M-1, light manufacturing, to strip mine 76.8 acres owned by James and Brenda Collins of Mount Braddock. Later that month, a motion to grant the variance didn’t receive a second and that was deemed a denial. ZHB member Ricardo Cicconi made the motion to grant the variance and it didn’t receive a second.

ZHB solicitor Gretchen Mundorff addressed Altman’s claims and said that there was a decision made. “In meetings that follow Robert’s Rules of Order, if a motion dies, it is denied,” she said. Mundorff also said that it was beyond the 45 days the ZHB has to rule on the issue.

Mundorff said the ZHB can’t have discussion with only one side because it would be “very inappropriate.” She said during the hearing, the room was pretty full of objectors and they should be present for any discussion.

“Our view is that the board hasn’t acted,” Altman said. He said the property owner merely wanted to discuss the matter. He said the coal company is willing to accept conditions for the approval.

During the hearing, company officials said work hours would be between 7 a.m. and 10 p.m., with trucking hours between 6 a.m. and 6 p.m. Residents who live adjacent to the site were concerned about the operation.

Altman, who didn’t attend the hearing on the issue, said the company is ready to be permitted by the state Department of Environmental Protection. “You have to mine coal where the coal is,” he said. Altman pointed out that the property is located near the industrial park. “I’m at a loss to understand why it got turned down,” he said.

Altman said there will only be 15 to 20 trucks a day and the business is a temporary action because it will only take four years to get the coal out. He added that the property is zoned M-1 now and plenty of other businesses could be set up there.

ZHB member Mark Morrison said that the board can’t take action. He asked Altman to file an appeal in Fayette County Court and to seek to have the case remanded back to the ZHB.

Altman said he could take that action. Morrison, who attended the meeting when the ruling was made but didn’t second it, said he was also troubled by not having a vote.

“I would like to see the case come back,” he told Altman. Morrison said the quickest, most efficient way is to get the court to send it back and the ZHB can revisit it.

With that process, the objectors will have the opportunity to attend as well as the individuals in favor of the request. Although Altman implored the ZHB to reopen the record, Cicconi said that wouldn’t happen.

“We can’t ask to reopen the record. Do whatever you need to do and we’ll take it from there,” Cicconi said.

Mundorff said she wouldn’t object to revisiting the issue.

The third ZHB member, Charles Cieszynski, said he didn’t vote on the issue when it came up because he wasn’t at the hearing and hadn’t reviewed the tape.