Mistake by Smith officials reopens hearings on MarkWest plant over 2 years later
Smith Township convened a hearing Monday regarding a MarkWest shale gas processing plant after state judges found that supervisors mistakenly didn’t consider a letter from a married couple who live a mile from the site.
During the meeting, township officials put the letter submitted on behalf of Susan and Brian Coppola, of neighboring Robinson Township, in August 2017 into the official record of proceedings held when the plans were before Smith officials. The supervisors voted unanimously to approve the plans the following month.
But seven judges of the Commonwealth Court ruled in May – amid Susan Coppola’s ongoing legal challenge of the approval – that the letter was omitted from the record of the hearings, which she was unable to attend in person.
Judge Robert Simpson wrote that the letter “could not be considered by the Supervisors in their deliberations,” so it “is inadequate to preserve issues for appellate review.”
The unusual decision required supervisors to hold a hearing to remedy the situation, and where “other parties (would) have an opportunity to respond.”
Township solicitor Michael Cruny said he’d have to review briefings by attorneys Jeff Ries, who represents Coppola, and Christopher Nestor, who represents MarkWest, plus case law, before making a recommendation to supervisors about what to do next.
“At this point we have to determine whether or not there’s additional action that needs to be taken by the board,” he said.
The case went back to the Washington County Court of Common Pleas, where President Judge Katherine Emery signed an order in November to remand the matter for the hearing. Emery presides over Coppola’s land-use appeal.
By then, MarkWest – which is owned by MPLX, itself a subsidiary of Marathon Petroleum Corp. – had already built the plant. It began operations late in 2018.
During Monday’s hearing, supervisors also heard from Brian Coppola, a former Robinson Township supervisor.
He cited a number of reasons he said the plant was incompatible with the provisions for the “rural residential” district where the plant is located.
“The point I’m making is Mr. Smith references your ordinance in that letter, and the more that you look at your ordinance, the more I found that there’s no way that that use can be in compliance there,” he said.
He wasn’t alone among the 15 or so people at the meeting. Cathy Lodge, who lives in the Robinson portion of nearby Bulger, said the plant doesn’t comply with the uses and purposes of the zoning district.
She added that the plant is “an industrial facility, and it is located upwind from my agricultural property. We experience noise and vibrations when the plant flares, we experience odors and light nuisances to our usually unlit, quiet, clean country nights.”
Nestor repeatedly said he lodged a “standing objection” to additional statements he said were outside the scope of the decisions remanding the matter to the township.
“The only parties to this proceeding are Ms. Coppola and MarkWest,” Nestor said. “They’re the only people who should be heard from tonight – Ms. Coppola not at all, other than through her letter – and MarkWest has an opportunity to respond.”
Cruny said he was allowing the citizens to address supervisors “out of an abundance of caution,” since it wasn’t clear how the courts defined “party” in their decisions.
Ries said following the hearing that the matter “wouldn’t be here” again if the township had a set method in place to handle the original situation with the Coppolas’ letter, and still doesn’t.
Cruny didn’t disagree.
“That’s something that we are looking at updating,” he said.