Judge hears Sky King fireworks store appeal against Antrim Township
By PAT FRIDGEN Echo Pilot

The sparring between Antrim Township and Sky King Fireworks reached its final showdown last week. The two parties met in Franklin County Court of Common Pleas, 39th Judicial District, Sept. 27 and 28.

Arguing before Judge John P. Walker, solicitors defended their respective positions in Sky King's Land Use Appeal and Hearing.

A ruling will be offered after a 20-day period in which both sides are to submit their arguments with facts and case law in written form.

Antrim Township's position

Solicitor John Lisko cited seven reasons for the Board of Supervisor's disapproval of Sky King's plans to construct a fireworks sales facility near Mason-Dixon Road and Mt. View Drive in State Line. The board denied the land development plan of the Daytona, Floridabased company on Jan. 9.

"It's a de novo review," Lisko told Judge Walker. "The law is, if any one reason for disapproval is valid, this court must disapprove the plan."

He explained that the land development plan called for a 15-foot turn radius onto Mt. View Drive, the width of which was suitable for cars. The township code required 35 feet. Due to the proximity of the site to Interstate 81, the amount of daily truck traffic and the location of a truck terminal on U.S. 11 south, he said, "It's totally unreasonable to expect tractor-trailers will not use this facility."

He stated that the width of Mt. View was 24 feet, but that the ordinance called for 32 feet for commercial use.

Lisko pointed out that Sky King did not provide for tree screening from adjacent residential properties on its plan.

Under a new township ordinance, he said Sky King should set up shop in a highway commercial zone such as Exit 5. State Line was community commercial. The Planning Commission had recommended the company provide for three tractor-trailer parking spots, which were not on the plan.

In order to prevent queuing on Mason-Dixon Road, the township required any driveways be 75 feet from the intersection. Lisko said Sky King's entrance was only 30 feet away.

He said the driveway on the plan was deemed two-way since it was not specified, and the 20-foot width fell short of Antrim's required 25 feet.

Finally, Lisko argued, according to law, an ordinance takes effect when it is advertised, and Sky King submitted its plan after the ordinance regulating location of fireworks facilities was put in the newspaper.

Sky King's position

Attorney Mark Silver of Harrisburg spoke for Sky King. He said that under the Municipal Planning Code, Judge Walker had the power to declare an ordinance or municipality's action invalid.

He said any revisions necessary were minimal. He showed the judge a modified plan which he believed complied with Antrim's requirements.

Silver proposed a new entrance to the site from the north end of the property. It would be a two-way 35-foot driveway.

He interpreted that road width changes applied only to new roads. "We believe we're not under an obligation to widen Mt. View Road," he said. "We will resurface it at the existing width."

He said Antrim came up with a 'discreet recipe' for parking requirements and that Sky King's plan had ample room for cars. He said both the original and modified plan provided space for a tractortrailer in an off-loading area. There was a spot for one in the middle of the lot, as well.

He continued that the sale of fireworks was clearly retail, and the new ordinance was enacted to keep Sky King out of State Line.

Silver concluded that the new plan satisfied all the issues and should be approved.

Testimony

Lisko called on a number of witnesses to testify on behalf of the township. They included Linda Beckwith, Public Works Inspector; Angela Garland, Zoning Officer and Code Enforcement Officer; Judy Neil, Manager of Phantom Fireworks in Warfordsburg; and engineers Joe McDowell of Martin and Martin, John Carty of Brinjac and Tom Ladue of Dewberry Goodkind.

Silver called on Joe VanOudenhove, Director of Site Selection and Land Development for Sky King; attorney Joseph Klein; and Scott Longstreth, an engineer with Nassaux Hemsley, Inc., Chambersburg.

Stenographer Melissa Little silently recorded all conversations. Court crier Billy Washington tended to the courtroom operations. Phil and Donna Young of State Line sat in for part of the proceedings.

Judge Walker said he would also listen to an audiotape of the Jan. 9 meeting. The tape belonged to Antrim Township supervisor Curtis Myers.

Timeline

Nov. 11, 2005 Sky King submitted plans for a fireworks sales facility in State Line

July 24, 2006 Antrim Township Board of Supervisors denied the plan due to stormwater issues

August and September, Antrim advertised Ordinance 304, regulating sales of fireworks

Sept. 18, 2006 Sky King submitted a land use development plan

Sept. 26, 2006 Ordinance 304 took effect

Nov. 21, 2006 Sky King submitted an amended plan addressing stormwater

Dec. 12, 2006 Antrim passed Ordinance 305 concerning stormwater management

Dec. 20, 2006 Sky King submitted an amended plan addressing stormwater

Jan. 8, 2007 Planning Commission recommended approval of Sky King's plans with conditions

Jan. 9, 2007 Antrim denied final plan of Sky King

Feb. 22, 2007 Sky King filed a land use appeal in Franklin County Court

Sept. 27 and 28, 2007 Antrim and Sky King met in court