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Tuesday, March 04, 2003 Page: 5A
JACKSON TWP.
Decades-old zoning
dispute finalized
The township’s more-than-20-year-old legal battle with American Asphalt
could have been settled years ago if previous administrators detected a flawed
change in an ordinance, township officials said Monday.
The township on Friday resolved a lengthy court battle with the Chase Road
paving company over zoning issues.
The dispute stemmed from American Asphalt’s alleged mining in areas zoned
for agricultural use. The move raised the ire of some residents who complained
the encroaching blasting damaged their homes.
The court case dragged on until it was scheduled for trial in December. But
the resolution was ironed out by court-appointed master Richard Hughes without
the case going to trial.
Hughes’ resolution establishes mining and blasting restrictions for
American Asphalt and showers the township with monetary and maintenance perks
from the company.
It will benefit the township in an amount between $300,000 and $500,000,
Supervisor Chairman John J. Wilkes said at Monday’s meeting of the township
supervisors where the court order was read to residents. American Asphalt will
also pay for the township attorney’s fee.
But Supervisor Al Fox said boundaries could have been established and
enforced 24 years ago.
In explaining Hughes’ order after the meeting, Solicitor Jeffrey Malak said
the township in 1966 established its first ordinance outlining mining
boundaries.
Those boundaries became murky after supervisors in 1976 incorrectly amended
the 1966 ordinance, Malak said. Because it was done incorrectly, Hughes
vacated that amendment.
An amendment to the 1966 ordinance was lawfully passed in 1979 and better
established boundaries.
Malak said Hughes used the boundaries outlined in 1966 and 1979 to create
the boundaries American Asphalt will now have to remain within.
The supervisors and Malak received a round of applause from several
residents at the meeting for their work in the case, as Wilkes and Fox
remained critical of prior administrations for failing to detect the error.
But resident Fred Murray still had a concern. He wanted to know why
American Asphalt agreed to the numerous provisions, including paying for a new
police cruiser and providing road materials to the township, instead of
repaying residents for any damages.
Malak said the court order paid damages to the township because the lawsuit
dealt with township zoning issue – not individual damages.
If residents wanted to seek money for damages they sustained from the
company’s work, they would have to file a separate lawsuit, he said.
– David Weiss
KINGSTON
Road work worries;
liquor license OK’d
This year’s harsh winter might cost Kingston an extra $92,000 after it’s
finally over.
At Monday night’s meeting, Mayor James Haggerty said the municipality set
aside $108,000 for road paving this year. After driving around the town, it
doesn’t seem like that will be enough, he said.
“It’s been a difficult winter and a lot of streets need attention,” said
Haggerty. “We might need like $200,000 just to get them done.”
Haggerty said the municipality has $1.2 million in the bank and using part
of the money won’t hurt the budget. There is no final list of roads to be
repaired, he said.
In other business, council approved an inter-borough transfer of a liquor
license to Amnesia nightclub on Market Street. The club’s new owner, Ed
Uzdilla, said the club will not be reminiscent of its troubled past.
“Thank you and remember my quote, I will not let Market Street turn into
Main Street,” Uzdilla told council members.
Scott Gomb