A big thank you to the 150 people who attended the continuation of the zoning hearing regarding Invenergy’s request for variances to build a 550 MW gas-fired power plant along the Youghiogheny River in Elizabeth Township, Allegheny County, last evening! YOUR strong showing at the last evening continues to prove to Zoning Board members how important this area and the river are to our region! These proceedings are part of Invenergy’s request for variances to build a 550 MW gas-fired power plant. For more information about the proposal and the first hearing date click here.
Part one of this hearing, held on February 18, consisted mainly of Invenergy putting on their witnesses. Along with Protect Elizabeth Township (Protect ET), we are formally objecting to the issuance of variances for this plant, and during the continuation of the hearing last evening we were able to put on our witnesses. Fair Shake Environmental Legal Services is representing MWA and Protect ET in this matter. We also engaged Professor Tom Daniels from the University of Pennsylvania to provide expert testimony regarding Invenergy’s application for variances for this project. Professor Daniels is a tenured professor who teaches courses on land use and zoning; he has also published four books on land use and zoning.
Invenergy’s attorney vigorously objected to Professor Daniels’ qualification as an expert and asked Professor Daniels multiple questions about his membership in various planning organizations and associations (interestingly, Professor Daniels is involved in writing the admission test for one of these professional associations, but apparently since he is not a member of the association himself Invenergy’s attorney did not feel he should be qualified as an expert). Ultimately, the board accepted Professor Daniels as an expert in land use planning.
Professor Daniels stated he has not encountered a request for a variance whereby an industrial activity was proposed in a residential district. He believes this project will have a “significant impact” on the neighborhood as the site is presently largely wooded and the general vicinity is mainly residential to rural residential. He went on to state that a use like the one proposed “would have a significant change on the character of the neighborhood.”
Professor Daniels believes it will be especially difficult for an industrial use to receive a variance to build in a residential district because, according to the Elizabeth Township Zoning Ordinance, the only zone truly intended for industrial activity designated as a conditional use is the Light Industrial District— not a residential district. He believes a more appropriate way for Invenergy to make this request would be by seeking rezoning for the area in question because decisions to convert what was a residential area to an industrial one need to be made by politically accountable township officials through a comprehensive and transparent process during which the entirety of the township can weigh in.
During Professor. Daniels’ testimony, Invenergy’s counsel objected so often and so vigorously that the only real outcome was to delay the witness testimony in a way that limited the amount of public comment. Our attorney finally pointed this out to members of the Zoning Hearing Board, though Invenergy’s attorney continued unabated. Luckily, the Board scheduled another hearing where it would receive the public comment that was cut off last night.
After our witnesses concluded their testimony, Invenergy called a rebuttal witness (of whom we were not previously notified) who attempted, but in our opinion failed, to refute Professor Daniels’ statements.
Finally, around 9:40 PM public comment began. Three people had an opportunity to provide comment prior to the board adjourning the meeting at 10PM. The hearing has been continued until April 20, 2016 at 7 PM to allow for additional public comment. Please stay tuned for updates.