WB Twp. OKs warehouse findings

Kevin Carroll, The Times Leader, Wilkes-Barre, Pa.
·2 min read

Jan. 4—WILKES-BARRE TWP. — In response to a recent appeal made by Bluecup Ventures LLC, the Wilkes-Barre Township Council voted to approve a findings of fact and conclusions of law document prepared by township solicitor John Rodgers explaining the council's decision to deny Bluecup's application to build a warehouse in the township.

In an appeal filed in the Luzerne County Court of Common Pleas last month, attorneys for Bluecup stated that, among other reasons, the council's decision to deny the application was made in error because of the council's failure to "issue a written decision accompanied by findings of fact and conclusions" within 45 days of the decision, which was made at a public hearing held in November.

The appeal argued that no such written decision had been issued by the council at the time the appeal was filed.

The actual decision was made by council on Nov. 21, 2022; Tuesday's council meeting was held exactly 43 days after the November hearing.

The findings of fact were the first item on a relatively light council agenda.

In the document, the township confirms their denial of Bluecup's conditional use application, which would have permitted Bluecup to build a roughly 937,000-square-foot warehouse and distribution center on a plot of mine-scarred land off Johnson Street.

"The Wilkes-Barre Township Council concluded as a matter of law that adequate testimony was not presented that the proposed warehouse distribution building would not adversely affect the health, safety and welfare of the public and/or the environment," reads a passage from the council's findings.

The document cited Bluecup's inability to identify the tenant for the warehouse for the above reasoning, and mentioned several other items lacking from Bluecup's testimony as grounds for denial, including:

—Bluecup "failed to meet its burden" in showing that the township's public services were adequate for the proposed project, again contingent on there being no known tenant for the warehouse;

—Failures to satisfy the township's zoning code standards in terms of ensuring adequate access for emergency services, and for the potential of noise, fumes, odors or lighting that may occur.

—A lack of testimony to about whether or not the warehouse's operations would be "harmonious in nature" with surrounding businesses. To this end, the document cites testimony from Allan Industries owner John Allan from November's hearing, when he stated that the warehouse may put him out of business.

The findings were approved by a 3-2 vote from council; "no" votes were cast from John Jablowski Jr. and council president Jerry Shinal.

Rodgers said that he would file the document with the county Prothonotary's office on Wednesday.