Pennsy Supply Inc. sought an expansion of its mining operations at SmallMountain.

By Rory Sweeney rsweeney@timesleader.com
Staff Writer

WILKES-BARRE – Pennsy Supply Inc. on Thursday filed an appeal of a Dorrance Township Zoning Board decision to deny an expansion requested for the Small Mountain Quarry. The action filed in Luzerne County Court of Common Pleas also seeks reimbursement of “appropriate” costs.

The decision, which was unanimously approved on July 19 after about a dozen hours of testimony from both sides, refused the request because “the applicants had not met their burden of proof,” Richard Hughes, board solicitor, said at the time.

Duffy said his company believes the board was incorrect in coming to that conclusion despite hearing testimony from a handful of experts on hydrogeology, blasting, noise, operation of the quarry and general quarry regulations.

“We feel that we’ve met all of the objectionable standards in the township’s zoning ordinance,” he said. “This is the first step, and we’ll wait to see what traction this gets. The biggest thing to keep in mind is we’re not asking in this application for a new quarry. … We are heavily regulated and we’ll continue to be.”

The 128-acre expansion would have crossed Small Mountain Road and nearly tripled the operation. Quarrying was estimated to have continued for another 50 years, leaving a bowl-like depression and at least a 30-foot earthen wall on top of Small Mountain. The quarry also sought variances to increase its hours of operation, to allow industrial uses and to run an enclosed conveyor across Small Mountain Road.

According to the appeal, the board’s decisions, including upholding several sections of the zoning ordinance, were “arbitrary, capricious, contrary to law and unsupported by substantial evidence.” For several sections, the appeal claims the board ruled “contrary” to the ordinance it oversees.

A release from Slusser Bros., the Pennsy subsidiary that runs the quarry, warned of the economic costs of denying the application, including increased prices for road materials, the loss of 150 jobs and millions of dollars spent by the quarry with local businesses.

“It’s very important to a lot of people, not just in the township,” Duffy said.

The quarry had until Monday to file the appeal. A court date hasn’t been set.

A call to Richard Hughes, the zoning board’s solicitor, was not returned.