Regardless of arsenic issues, Atiyeh will get conditional OK for Palmer condominium advanced

PALMER TWP., Pa. – Developer Abe Atiyeh got here earlier than the Palmer Township Board of Supervisors Tuesday to acquire approval for his preliminary/remaining land improvement plan at 530 Milford St.

The “Palmer Residences” plan consists of 84 rental items with two parking areas per dwelling, for a complete of 168 areas. The proposed items are deliberate to be constructed on a 2.9-acre lot.

Chairman Jeff Younger instantly raised issues about constructing on land with excessive ranges of arsenic. Arsenic is a pure element of the earth, however is extremely poisonous.

“Persons are dwelling there for a protracted time period,” Younger stated. “I wish to make certain from the seat I sit in, it is as clear as could be.”

Lawyer John VanLuvanee, of Eastburn & Grey PC, on behalf of the developer, stated they acknowledged the priority and had environmental consultants develop a soil administration and capping plan to handle the problem.

Lori Girvan, engineering marketing consultant from Barry Isett and Associates, said they collected soil samples on website in 2018 that confirmed 7 milligrams per kilogram of arsenic as much as 24.7 milligrams per kilogram of arsenic. The cutoff for a residential space is 12 milligrams per kilogram, and since the pattern confirmed double that quantity, Girvan stated they put the soil administration and capping plan in place.

To develop, Girvan stated they plan to take away the asphalt the place the constructing is ready to go, and on the time of building they may have personnel on website accumulating soil samples and soil stockpiles to ship to a everlasting facility.

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As soon as the event is full on website, the remaining parking zone can be repaved, and the areas not coated can be professionally landscaped with one to 2 ft of fresh soil.

“We’re eliminating the pathway for direct contact with present soil,” Girvan stated.

Nonetheless, Younger questioned if the developer discovered all the areas with potential arsenic.

Supervisor Joseph Armato agreed with Younger, suggesting Atiyeh solely examined a selective pattern of soil and wanted to check different areas of the location.

“We have discovered all of the hotspots,” Atiyeh stated. “We’ll do different testing in case you approve the plan conditionally. I do not need a contaminated website and have folks dwelling there.”

Younger additionally expressed issues concerning the potential for youngsters dwelling on the residences to be uncovered by taking part in outdoors and digging within the floor.

“The hazard is thru air or water, none of which is affected by the event,” VanLuvanee added. “The true hazard to kids are to eat an terrible lot of soil.”

Atiyeh additionally stated there can be a 6-foot chain hyperlink fence behind the constructing to maintain children out of the commercial space. Girvan added that any grass areas may have 1-2 ft of fresh soil introduced in, and each space can be capped with clear soil or new asphalt.

The supervisors instructed Atiyeh search approval from the state Division of Environmental Safety, both by means of a written approval or by means of Act 2, which grants approval and likewise releases the developer and the township from all legal responsibility if future issues come up.

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Atiyeh stated he is OK with finishing extra testing and having DEP study the land space, but added: “We’ll repair it. We’re right here to approve a residential plan and work with you. If I get a denial, I get a denial. My final plan is to go to court docket or construct a warehouse there.”

He additional said having the DEP have a look at the location is a voluntary act and never a authorized requirement.

“We’ll undergo them an approval of our plan, they usually’ll say, ‘We settle for,’ ‘Clear up plan,’ or they deny it,” Atiyeh stated. “At the moment, if the DEP denies it, possibly I am going to settle for or pull the plan. I can not have you ever guys change into environmental consultants.”

“No, however we’re right here for the residents,” Armato responded.

Solicitor Charles Bruno stated the environmental marketing consultant’s conclusion proposes an affordable answer to guard the curiosity of the township and the issues of the board.

With that stated, Younger requested if any members of the board wished to make a movement to approve the preliminary/remaining land improvement plan.

Not one member stepped as much as make a movement.

Because the silence continued, Younger interrupted it with a movement to approve the preliminary/remaining land improvement plan topic to sure circumstances and contingent upon receiving approval from the DEP by means of both written approval or by means of Act 2 approval.

The movement handed 3-2, with Armato and Ok. Michael Mitchell opposed.