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Good
evening everyone. Welcome to Elizabeth

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Township Planning Commission meeting.
This is Wednesday, September 3rd, 2025.

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Time is 7:04. Can we please stand for
the pledge of

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» allegiance

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to the flag of
the

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standy

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andice for all.

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All right, next is roll call.
>> Burke.

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» Terra Kite
>> here.

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» Mark Kendrick.
>> David Miosi, he's absent. Robitis

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» here.
>> Matt Rudis,

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» present.
>> Scott Groom from KH

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» here.
I believe everyone's here, so we can

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begin.
>> At this time, we'll have citizens to

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address the commission. Uh each resident
uh or business owner will be granted

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three minutes to discuss uh any issues
they have with the proposed subdivision

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plan, which is the only item on the
agenda this evening uh with the board.

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So, with that, I will ask for Lloyd
Zeller.

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Come up, sir.

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Here

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we go. Uh, while this subdivision
request may appear to be routine partial

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adjustment, I urge the planning
commission to view it in a broader

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context of recent legal decisions that
directly impact both this property and

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the applicants intended use. Just last
month, the Commonwealth Court

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enhancement ruled that Elizabeth
Township violated its own zoning

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ordinance by allowing gas well related
infrastructure in rural residential

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zone. The court found that this type of
industrial development constitutes a

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principal structure which is prohibited
on lots that already contain single

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family homes under section 303 C of the
zoning ordinance. This subdivision may

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be an attempt to circumvent the ruling
by recommending or rearranging parcels

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to create a new legal path for the same
use. A back to work approach to

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accomplish what the court has already
deemed unlawful. I urge the commission

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to consider whether approving this
request would undermine the zoning

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protections designed to ensure land use
decisions follow the letter and the

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intent of the law. These ordinances
exist to protect residences, not to

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reinterpreted or bypassed following an
unfavorable legal decision.

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Additionally, this site is less than a
half mile from our local high school.

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Many of the community have raised valid
concerns about air pollution, emergency

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preparedness, and long-term health risks
of placing industrial infrastructure so

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close to where children learn. These
concerns remain unresolved and they

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should not be ignored. On a personal
note, since fracking began near our

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community, including the bell pad just
across the river in West Morland County,

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I've witnessed disturbing pattern of
serious health issues among friends and

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family. Thyroid disorders, worsening
asthma, chronic headaches, cancer, and

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saroma. I'm not a scientist, but the
timing, concentration, and correlation

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of these cases raise serious questions
that deserve attention. The township has

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a responsibility to investigate these
patterns through community health

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surveys, resident questionnaires, and
independent health impact studies. We

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also cannot ignore the findings of the
43rd state grand jury report, which used

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2.5 million in taxpayer dollars to
investigate the fracking industry in

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Pennsylvania. A process prompted in part
of the cancer cluster identified in

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heavily fracked areas in West Mor County
concerning E-wing Saroma. The 2-year

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investigation reviewed thousands of
documents, heard from 70 witnesses, and

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examined scientific and health data and
depth. One of the key recommendations

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was increase protective setbacks to 2500
ft from homes and wells and 5,000 ft

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from schools and hospitals. These
recommendations exist for a reason. We

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should not be making planning or zoning
decisions that move in the opposite

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direction, especially when public health
and safety are at stake. For these

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reasons, I respectfully urge the
commission to not deny this subdivision.

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» Thank you, sir. Joel Whiteman's.

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» Hi, guys. Joel Whiteitman, 126 Walnut
Circle. Is this like the commissioners

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where we just like ask and you guys
don't respond? It's just like comments.

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» This is your comment period.
>> Okay. I didn't know I was a planning

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meeting in like four years.
Well, my questions would be, does this

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new subdivision fully comply with the
zoning ordinance? I don't know if

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anybody can answer that or will. Um,
>> it'll be discussed at the time the

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applications presented.
>> Well, should I wait till later?

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» You're not going to get a chance to
comment.

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» Oh, perfect.
>> Okay. Um,

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» well, I just want to know how the
original conditional use got approved if

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it didn't comply. And now we're doing
this now. And why are we doing this now?

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because we all presented this
information to you guys when they

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presented their original conditional use
application and you told us we were

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wrong and approved it and the court said
otherwise. So, I just want to bring that

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to your attention. Thanks.
>> Thank you, Sandy.

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» Sandy Hearn.

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» Sandy Hearn um 156 GR Drive. Uh it's
difficult to comment

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having not been given the opportunity to
see uh what this subdivision looks like.

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Um

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» well, now this is my first vision.
>> I hope you will take your time studying

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all aspects of this proposal. I would
hope that each of you would ask a lot of

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questions. I don't think that didn't
happen before. Now we're in this

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position. I think a lot of questions. We
need to be sure find out exactly what

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this is about. it is very complicated.
Um I would also like the opportunity and

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the time to study what's being asked for
and so I would hope that there would be

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no vote taken tonight. I can't see that.
Um as a citizen, as a taxpayer, as an

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objector in the case, I think we need to
be given time and not rush. This is not

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the usual planning commission meeting.
Uh suddenly here we are on September the

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3 and so I question that too. Uh what
kind of emergency is this?

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» Um
>> this wasn't scheduled as an emergency

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meeting. Just
>> okay. It's just a schedule.

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» It's a res meeting. Yeah,
>> it's rescheduled from

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» from the original date from last month.
So it's just it's just a regular

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schedule.
>> It's not happening on its normal day

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because in truthfulness I wanted to make
sure I was going to be here tonight.

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» Okay. Well, anyway, this is not respond
a minor subdivision which I just saw in

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something very complicated and I think
we need to look at every single aspect

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of this going forward. Thank you.
>> Thank you Scott Taylor.

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» Good evening everybody. It's Scott 304
Mohawk Drive. Um

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thought a lot about what I actually
wanted to say tonight. um given only

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less than 36 hours to actually review
this and prepare it. Um because

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apparently our municipality shuts down
before our solicitor goes on vacation.

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Um all of this stuff should have been
public information should have been put

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out straight away for us with a right to
know over two weeks ago. Um we'll deal

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with that with the commissioners. Um why
are we here? Plain and simple. You guys

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got it wrong three years ago.
Plain and simple. You got it wrong.

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court said. So, well, in regards to this
subdivision,

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you are hopefully actually taking the
time to review this as you should do

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your job and then report back to the
commissioners in writing so we can all

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review that as well. You're talking
about two parcels of property owned by

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two people, two different property
owners being subdivided into five

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separate lots. One lot is now going to
contain a parcel of two different

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owners. How do you do that?
This should be two separate applications

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at a minimum because you're dealing with
two separate parcels of property. Once

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they're subdivided,
if that's okay, all that gets recorded

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at the county courthouse. Then they move
to the next level of bringing different

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property lines into play. Are you guys
going to play along with the Selda

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requirements or require try to uh keep
straight lines as much as possible?

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Right angle corners in a right angle
corner on any of these applications.

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Nothing. This is as complicated as can
be. I'm sure EQT has a grand plan for

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everything,
but it is not one plan. They're trying

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to run this through you guys with a
halfass knee-jerk reaction to court

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rulings that honestly they just filed
for appeal to the Supreme Court. So,

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this isn't even settled yet. So, now
they're asking you to preemptively fix

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their problem that you allowed to happen
three years ago.

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Do your job correctly this time. Just
say no. Period. Commissioners are going

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to get the same conversation. do your
job the way it's supposed to be by the

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law. Thank you.
>> Thank you.

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» At this time, we'll call the applicant
for the Lamardo Beverly subdivision.

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» Good evening, members of the commission.
Bla Lucas with law on behalf.

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Um just to kind of summarize the history
of this originally Olympus and its

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midstream subsidiary applied for
conditional use approval for the

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Heracles welp and the the adjacent
Heracles interconnect into the equator

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main transmission line. This planning
commission recommended approval of that

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uh board of super board of commissioners
approved that subject to a laundry list

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of conditions. Uh the facility has been
built and is operational.

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uh EP this summer purchased the assets
of Olympus/hiparian.

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So now uh that's why the application is
in the EP state. It's been alluded to

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already. While that was all going on,
there was a challenge to the uh approval

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by the township. Uh that first went to
common police court Mary McKinley who

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affirmed the approval. Subsequently that
was appealed to Commonwealth Court.

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Several issues raised. The one that's
precipitated all this is one of the

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issues that was raised was that the
argument was that a provision in the

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township zoning ordinance said that you
couldn't have a wealth pad or an

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interconnect on the same lot where there
was a single family residence.

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Obviously, many of these projects, not
just here, but around Southwest

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Pennsylvania, often times the wellpad is
on farmers property. Farmers still has

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some property. Um, the Commonwealth
Court

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ruled that that that they think they
couldn't be on the same lot. So, as was

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alluded to also, the township and EQT
disagree with that ruling and are

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continuing to pursue an appeal of that
to the Pennsylvania Supreme Court. As an

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abundance of caution,
we're just coming back now and said,

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"Okay, the argument was you can't have
them on the same lot." Um, in fact, the

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question was raised by one of the
members of the argument panel before

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Commonwealth Court. Why don't we just
subdivid? That's what we're doing. A

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little bit uh unique, but uh it meets
all the ordinance requirements. Uh we're

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going to have Ryan
Le from CC come up here in a moment.

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This has been reviewed by both the
county planning department and by your

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own engineer. made some minor kind of
technical comments on notes on the plan

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and the like. Uh CDC revised those and
received a letter today from the

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township engineer indicating that uh all
those the issues he had raised resolved.

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So at this point I'm just going to turn
it over to Ryan who you've seen here in

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the past to to walk through the layout
of the plan.

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» Thank you.
>> Ryan Dailyaly, project manager with

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Civil and Environmental Consultants.
uh my colleagues um prepared the survey

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for this uh plan and this site. Um so as
it stands today, there are currently

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three uh tax parcels uh that comprise
this plan. There's the larger

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property which is on the western side.
It says larger parcel that the majority

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of the access road comes through. It
fronts on Route 51. And then there's two

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parcels on the eastern side. Um they're
owned by the Everly family. One of those

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parcels fronts on Scenery Drive, Route
48, and the other one fronts off of

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Wiggles Hill Road to the north. Um so
that'll be these two parcels over here.

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Um if you can see on the plan, the well
pad itself sits um on what is today the

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Lombardo property. Um and then the
interconnect pad and a little part of

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the access road sit on the Everly side
of the existing parcels. Um so what

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we're proposing with this subdivision
plan is to create a new parcel that

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contains the well pad, the interconnect
pad, the access road, and the storm

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water management pods that are
associated with those features. Um, and

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in doing so, that new parcel bisects the
Lombardo property. So, Lombardo we're

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going to split into essentially three
new parcels. We'll have parcel A, which

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will be the northern part, parcel B,
which will be the southern part below

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the access road, and then what we're
referring to as parcel E being the new

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parcel in this plan that'll contain the
well and the access road down to Route

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51.
Um so per the zoning ordinance um in the

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R1 residential district um minimum lot
width is 100 ft. Um so the width of the

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new lot that follows the access road is
a minimum 100 ft for that entire length

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to make sure we meet that ordinance
requirement.

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Um total uh parcel size parcel sizes
when we're done. Um parcel A be about 88

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acres. Um and that'll remain in the
Lombardo family. Um parcel B will be

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about 64 acres and that too remains in
the Lombardo family name.

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Parcels C and D on the the Everly
properties uh will get a little bit

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smaller. Um so they'll go down to about
61 acres and 31 acres respectively. And

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then parcel E which has the well pad and
the access road will be a total of about

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35 acres. Um that two will remain in the
Lombardo family name. Um so there will

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be a transfer of property about 9 acres
from the two Everly parcels um to the

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new Lombardo parcel.

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Let's see. Um, the access 51 is shared
for both entrance to the wellpad and to

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the Lombardo residence. So, their
driveway use the same access off.

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Um, so because those are going to be two
new parcels, we are proposing

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an access easement to be granted from
the new parcel E back to parcel A such

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that um, in the event there was any
ownership change to these parcels. Um,

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the owner of parcel A would still have
access through that same entrance off.

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Um, so no changes to um the road
frontage um on Everly parcels. Um no

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additional easements on either of those
properties. Um and then lastly, as

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alluded to, there's no other
improvements we're proposing with this

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plan. It's simply creation of of a new
parcel.

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» Is there any questions from the
engineers?

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Speaking of microphone, please.
>> I just had some minor comments about a

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week ago under the comment that I had.
It's been addressed.

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» So, Mr. G, in your review, it's
compliant. This plan is compliant with

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our current zoning ordinance and
subdivision and land development

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ordinance. It is

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um Matt, do you have any comments,
questions, or concerns? Um,

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» I have question. I have some questions
for Blaine.

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» Okay.
>> Come on up, Mr. Lucas.

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» I just want to clarify a few things that
were brought up in public comment. Um,

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did did the court's decision say that
you cannot drill gas wells?

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» No.
>> Did the court's decision say that

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drilling is dangerous?
>> No.

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» Did the court's decision say you can't
drill in the township because of the

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zoning ordinance?
>> No. Did it say that you can't drill

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because of location per the school?
>> Yeah.

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» Okay. I don't have any other questions
for you. Thanks.

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» Does anyone on the panel have any
questions concerning or comments?

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» I do. I just want to clarify. So, what
I'm understanding is that the

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Everly are selling a parcel to the
Lombardos and this is the subdivision of

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that parcel. I mean, I understand what
you're using it for, but

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is it legally transferring to the
Lombardos? That's what I'm trying to

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figure out.
>> The what would happen here was if the

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plan is approved and reported the this
portion of the Everly property that

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overlaps two parcels will be conveyed
and merged into

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the larger.
>> So, it will only have But I think what

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she's asking is
>> one owner will be Lombardo, not Everly.

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There's not multiple owners. Okay, just
clarify. Thank you.

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» Yeah, do that.
>> Well, it was brought up. So, I'd like to

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clarify that for them as well.
>> So, it'll be just the one family.

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They'll have the whole
>> correct.

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» Okay.
>> So, the Ely family will remain owners of

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the final parcel C and parcel D and then
family.

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» Oh, no. I understand that. We were
talking about little section. That's why

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we were talking about that little Right.
That correct.

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» The new line created all of it will be
owned by the park.

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» Okay. That's what we were wondering.
>> Right. Right.

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» Okay. All right. So, all right. So,
anybody else have any questions,

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concerns, or comments?
>> Um, I guess now is the time for a have

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this go towards the commissioners. I
need

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someone to give their
motion to go forward.

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» But more questions.
>> Well, it's not really more questions. I

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realize the work around what's
happening. Um, and yes, you probably do

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meet all the requirements. I just it's
hard to look at that and understand how

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that all came to be, but uh
>> it was not our preference. I mean, it it

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is, as Scott pointed out, a very unusual
lot, but if the Lombardos or the Everlys

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have agreed to make the sale, then I
have no other questions about it.

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» Okay. So, I need someone to put a
motion.

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» Someone needs to make
>> approve or deny the Lamard subdivision.

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» Motion to approve.
>> Okay, approves it. I need a second.

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» Mark will second. All in favor say I.
>> I oppose.

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Motion carry. Going forward.
>> Thank you.

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» I need a motion to adjourn.

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» Makes a motion.

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» Second.
>> Terra. All in favor say I.

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» 726.
You're on this.