At its meeting on January 30, the Upper Frederick Planning Commission voted unanimously to deny Blantyr LLC's land development and sub-division application and their request for a time extension.

            The proposed Blantyr development would consist of 40 single-family dwellings along the north side of Big Road, 18 single-family dwellings along the south side of Big Road, and 200 plus multi-family, owner-occupied dwellings along Colonial Road. Developer Tim Hendricks and Blantyr LLC were represented at the meeting by attorney Michael Gill and civil engineer Susan Rice.

            Gill stated that on January 16, he received the township engineer's review letter comprised of 65 pages of comments related to the application. He also received comments from the township's water/sewer engineers, CKS Engineers, but had yet to receive comments from the township's traffic consultant or the county planning commission.

            Last week, Gill's law firm sent the township a request for an extension of the 90-day period that applies to the township's review of the application. Gill claimed the extension would allow Rice to speak with the township's engineers, LTL Consultants, and allow Blantyr LLC the opportunity to revise and resubmit the application.

            Planning Commission Member Ed Myers expressed concerns that a substantial amount of water would be pumped from the aquifer, sent to the sewage treatment plant, and discharged into Swamp Creek, resulting in a net loss of water in the aquifer.

Engineer Norm Ulrich (LTL Consultants) responded that on-site water and sewer was the best way to minimize loss to the aquifer.

            Planning Commission Member Buck Reed stated that Hendricks' application was incomplete because the water quality testing was not performed.

Gill said that Blantyr LLC needs to be given the opportunity to respond to deficiencies identified by the township.

            "You have concerns about the development pulling water from wells on the property but are also unwilling to consider the alternative of public water as that may leave the township open to the possibility of further development," said Gill.

            Myers stated, "I have a lot of reservations about all of this. We want to stay rural." Myers also expressed concern about the township taking responsibility for public sewer.

Gill and Hendricks responded that there could be an inter-municipality agreement with New Hanover Township, which has ample capacity at their sewage treatment plant and would profit from the new connections. Gill claimed that community on-lot sewage disposal and well water is feasible.

            Prior to the vote, Gill warned, "I am urging the planning commission to not lead us down the path of unnecessary and expensive litigation, which is where this will go if there is a summary denial of this application based on the current state of play. We do not want that. We are here to work with the township."

            The topic of discussion returned to water quality, with board supervisor Bill Karafa asking if residents had been notified of test drilling as required by township ordinances.

Hendricks responded that he was not aware if residents had been notified but stressed that township personnel were aware of the drilling, the proper permits had been obtained and that the drilling occurred before the newly amended ordinance was in place.

            "We can re-perform the tests. We can coordinate with the property owners now that that is required under this new ordinance, and we can provide that data to the township," stated Gill.

            The meeting was then opened to public comment. Resident Steve Taylor felt that taking water out of the aquifer was unsustainable and felt there should be a way to put the water back into the aquifer.

            Residents Peter McGann and Dennis Hatcher angrily stated that their well water had been rendered unusable since the installation of the test wells. Hatcher produced a bag containing several muddy water filters and stated that he was finding rock fragments in his water filters.

            McGann stated that his mother was paying $750/month on water filters and that the iron levels in her water, which she tests annually, had risen tenfold. "She can't even shower in her house. Can't drink. Can't cook," stated McGann.

            "For all of these reasons we have discussed back and forth, I'm going to make a motion to recommend to the board of supervisors to deny this plan and not grant an extension," said Reed.