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JOAN MACK ET AL. v. ZONING HEARING BOARD PLAINFIELD TOWNSHIP AND GRAND CENTRAL SANITARY LANDFILL (05/17/89)

decided: May 17, 1989.

JOAN MACK ET AL.
v.
ZONING HEARING BOARD OF PLAINFIELD TOWNSHIP AND GRAND CENTRAL SANITARY LANDFILL, INC. APPEAL OF PLAINFIELD TOWNSHIP, APPELLANT. JOAN MACK ET AL., APPELLANTS, V. ZONING HEARING BOARD OF PLAINFIELD TOWNSHIP AND GRAND CENTRAL SANITARY LANDFILL, INC., APPELLEES



Appeal from Common Pleas Court, Northampton County; Honorable Richard F. Grifo, Judge.

COUNSEL

William H. Agnew, Nazareth, for appellants, Joan Mack, et al.

Alan B. McFall, John Molnar, Cassebaum, McFall & Molnar P.C., Bangor, Robert J. Sugarman, Sugarman & Cohen, Philadelphia, for appellees, Plainfield Tp.

Gary S. Figore, for appellee, Easton, for Zoning Bd.

Leonard N. Zito, Anthony J. Martino, Bangor, for appellee, Grand Cent. Sanitary Landfill, Inc.

McGinley and Smith (p.), JJ., and Narick, Senior Judge.

Author: Narick

[ 126 Pa. Commw. Page 82]

Consolidated for our review are two appeals by Plainfield Township (Township) and certain private citizens (Citizens).*fn1 The Township is appealing the trial court's denial of its application to intervene in an appeal taken by Citizens from the decision of the Township's Zoning Hearing Board (Board) granting a special exception to Grand Central Sanitary Landfill, Inc. (Grand Central). The second appeal is by

[ 126 Pa. Commw. Page 83]

Citizens from the trial court's decision affirming the Board's grant of a special exception to Grand Central. For the reasons set forth herein, we affirm.

On or about October 31, 1986, Grand Central filed an application for a special exception seeking to expand its solid waste disposal area. The property for which the expansion is sought is located in a farm and forest district. The Township did not enter an appearance or participate in the Board hearing.

On January 23, 1987, the Board issued a decision granting a special exception to Grand Central. Certain citizens*fn2 thereafter appealed the Board's decision contending that the Board failed to render its decision at a public meeting as required by the Plainfield Township Zoning Ordinance (Ordinance) and the Sunshine Act.*fn3 On June 17, 1987, pursuant to stipulation and agreement of the parties, the trial court issued an order remanding the matter to the Board for the purpose of rendering a decision at a public meeting.

On July 30, 1987, the Board issued its second decision granting Grand Central's application for special exception. A timely appeal by Citizens was taken to the trial court and argument on the matter was subsequently set for February 2, 1988. On January 8, 1988, the Township filed an application to intervene, a petition to remand to the Board and a petition to submit additional testimony to the trial court. It was the Township's position that the property in question was not properly posted as required by Section 908 of the Pennsylvania Municipalities Planning Code (MPC), as amended, 53 P.S. ยง 10908. On January 22, 1988, after a hearing, the trial court denied the Township's ...


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