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The Wyoming County Planning Commission agreed Wednesday night to grant waivers to the developers of a proposed RV/Mobile Home Park in Lemon Township.

The development is proposed for near the intersection of Avery Station and Rocky Rift roads and is being developed by Hayduk Enterprises, which also has a facility where dynamite is stored for excavation purposes.

It will consist of 12 mobile home pads and spaces for 46 recreational vehicles.

Matt Walsh, a project engineer for Colwell-Naegele Associates of Clarks Summit, who met resistance about seven waivers from the planning body in March, said he was just seeking four waivers of the county’s land development ordinance this time.

One of them was regarding a minor street accessing the park to meet a maximum grade of 12 percent where Wyoming County’s ordinance suggests a maximum grade of 10 percent.

A second waiver was for a turning radius of 150 allowing site distance of 150 feet, where the developers were looking at something closer to 85 feet, Walsh said.

Commission member Rich Fitzsimmons asked about stormwater issues and a concern he had that the site might still be considered an active mining area.

“Is it?” he asked.

Owner Florence Hayduk said it was.

Fellow commission member Jon Howard said, “We need to see an NPDES permit to make sure you’re in compliance.”

He added, “Because that was/is a mining site, you have a pre-existing condition. We have to know you’re in compliance (with what you’re planning to do).”

Commission member Randy Ehrenzeller questioned whether they had the authority to place that kind of condition.

Howard said, “They need to be in compliance, I believe we do have that authority.”

County planner Nicole Wooten said, “What I am nervous about is if you are granted a waiver and then come back and try to readjust the waiver.”

The planners voted on the waiver requests one at a time.

The first two, dealing with grade and turning radius passed, 4-2, with Howard and Fitzsimmons voting against.

On the other two waivers which were minor issues- one dealing with a mobile home park and the other dealing with an RV park, the planners approved them 5-1.

In other business, members of the community asked to address the planners regarding the D&I Silica plant.

Before they did, Wooten noted that an inquiry made at the suggestion of County EMA Director Gene Dziak at an earlier meeting for the state Department of Environmental Protection about whether the silica plant would be subject to air quality testing came back and the answer was no.

Bob Barkley said he was at the previous month’s presentation by the company, and noted, “I don’t disagree with some of their comments, but I believe they oversimplify.”

“I want for the record to add information about potential risks,” Barkley said.

He handed the planners a document he hoped they would read carefully.

“This is not a black-and-white issue , Barkley said. “I can’t sit here and say this will cause undue harm, but neither can they tell you it’s risk-free. There’s a lot we don’t know. We once thought absestos and DDT was safe.”

Audrey Gosdikowski said she was disappointed in DEP’s answer about not needing to test air quality.

Resident Judy Heitsman said there was a very simple matter of the planning commission members voting their conscience.

The statement got into a discussion about threat of lawsuit and Howard asking how many people actually were familiar with the county’s subdivision and land ordinance document.

“That’s our guidance document,” Howard said.