Agenda - Planning Commission - 11/06/2003

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?,- Z.B. October 10, 2003 -- Page 5 Heiche! sued, and the court ruled in favor of the board. Heichel appealed. DECISION: Reversed. The board abused its discretion by holding Santana was not a serious buyer and allowing the citizens' group to supplant Heichet's intentions. Heichel was actively marketing the property as a salvage yard and negoti- ated for its sale. Heichet listed the property for sale as a salvage yard and se- cured two offers for the property as a salvage yard. The citizens' goup never had the financial wherewithal to pay for the prop- erty, but Santana had the bank financing in place. Santana's interest in purchas- ing the property was ongoing. The board could not bold Santana remiss for a "delay" created, in part, by the township's plan to create a public golf course. Citation: Heichel v. Springfield Township Zoning Hearing Board, Commonwealth Court of Pennsylvania, No. 2844 C.D. 2002 (2003). see also: Latrobe Speedway [nc. v. Zoning Hearing Board of Unity Township, 686 A.2d 888 (1996). see also: Keystone Outdoor Adverrisin. g v. Department of Transportation, 687 A.2d 46 (1996). Conditional Use Permit -- Crematorium 'likely would not' affect public welfare Residents cite psychological and health concerns NORTH CAROLhNA (08/I9/03) --Butler applied for a conditional use per- mit to operate a crematorium. Under the city zoning ordinance, eight standards had to be met. The first stated the use "will not be detrimental to or endanger the public health, safety, morals, or general welfare." The planned crematorium was surrounded by residences and witkin one mile of two neighborhoods, six medical facilities, one elementary school, three daycare centers, one restaurant, and several groceries. Physically, the cremato- rium would require a 36-inch diameter, 17-foot emissions stack. Butler produced evidence of emission testing and equipment documenta- tion ~.o demonstrate the proposed crematory. "likely would not" jeopardize the public welfare. Neighboring residents testified about concerns with potential learning dis- abilities and cancer caused by emissions from the burning of human bodies, as well as the potentially adverse psychological effect on c~ldren living in the neighborhood. A general internist also testified concerning how mercury emissions from crematories adversely affected the ~dneys '-and the central nervous system, and how dioxins browned both reproductive and immune systems. He cl',timed chil- dren were especially susceptible to dioxin. 119