East Union zoners nix last minute setback over setbacks, allow solar farm to move forward
SHEPPTON – A proposed solar farm in the Phinneyville section of East Union Township will be allowed to move forward as planned after an 11th hour setback over setbacks nearly set the project back years.
New Leaf Energy wants to build a 33-acre solar farm on the Austra property at 129 Phinneyville Road.
The project has been in the works since 2022, when it received a conditional use approval from East Union Township planners. It would produce five megawatts of power and would be on both sides of Phinneyville Road.
The East Union Township Zoning Hearing Board convened Monday night to hear a variance request over setback requirements.
Township supervisors in October said the solar farm was too close to the property lines at Phinneyville Road — 35 feet away instead of 100 feet required by the ordinance. The Austras contended at the time Phinneyville Road wasn’t a property line at all, just a right-of-way easement cutting across a single deeded property.
According to the plans submitted to the Schuylkill County Planning Commission, the scope of the project is well clear of the setback requirements for each property line as-deeded. It is 300 yards from the southern property line and about 150 yards from the northern property line.
Regardless, the township tabled the matter at the time pending a zoning hearing board decision.
At Monday night’s hearing, representatives of New Leaf echoed the same argument, recapping the history of the project and where it stands today.
They noted that the plans as drawn, including a 35 foot setback, were approved by both the township its zoning officer in 2022.
Shawn Brandt, a senior civil engineer representing New Leaf, said that the project has moved far along in design and approval processes and that forcing a redesign would have a “ripple effect” ranging from planned PPL utility upgrades to the farmer who previously leased the land.
“It could be years,” Brandt said of a potential delay.
The board voted to approve the zoning request by a 4-0 vote. Rick Grabosky abstained.
“I feel that the zoning officer in 2022 should not have led you down this path,” Jo Anna Shovlin, zoning board chairwoman, said after lodging her vote. “I think we should’ve seen you in 2022 if you didn’t meet the ordinance and I apologize that we came this far.”
Construction on the solar farm is expected to start in 2025.
In other business, the zoning hearing board heard an appeal by Bob Lex, LLC over an issue with a zoning permit for a planned truck shop on Route 924 in Sheppton.
Representatives for Lex said a zoning permit was issued two years ago the shop and when the permit needed to be renewed, they were told the permit had been issued “in error.”
The township contended that Lex had lied about the use of the property, telling the township he planned to rent out the facility for truck repair, sales, and auto detailing. They claimed that was materially different than Lex using the property himself for the same.
After a lengthy hearing, the zoning board voted 4-0 to allow Lex to use the property for the truck shop. James Sency recused himself.
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